Following the intervention of ombudsman Anatolie Munteanu, General Prosecutor’s Office filed a criminal case on non fair and prompt trial decision remained final. In the mentioned criminal case, dispatched to Anticorruption Prosecutor's Office were concerned people in positions of responsibility within the Public Property Agency.

To the Centre for Human Rights addressed the citizen S.C. from Edineţ townwho invoked the non-execution of one  execution writ  issued by the decision of Edineţ Court regarding the collection from Î.S. „Sovhozul Apicol de Reproducţie Nectar”, from the same locality, of salary backlogs amounting to over 30,000 lei and moral damages in the amount of 8000 lei.

During the examination of the complaint, the ombudsman has determined that the execution writ  on this case was issued in March 2013 by the Edineţ Court and submitted for the forced execution from the Office of Edineţ Court by an  order of execution in April last year. On the basis of nominated executory document, on 11.05.2013, was disposed initiation of execution procedure as well as a conclusion was issued in this regard.

It was also established that following forced execution measures under other execution procedures where as debtor was  Î.S. „Sovhozul Apicol de reproducţie Nectar”, were placed under sequester assets of the debtor compiling the protocol of seizure (that have been taken under seizure families of bees frames with bees and honey, 105 beehives of each nine frames each).

Because the goods of  Î.S. „Sovzozul Apicol de Reproducţie Nectar” were part of state organizations funds were included in the privatization program the judicial executor, being guided to by the provisions of Article 125 al. 4) of the Code of Execution in November 2013 submitted to the Public Property Agency, according to the competence, the protocol of seizure, accompanied by appropriate procedural documents. The judicial executoralso indicated the judicial executor’s accounts where should be transferred financial funds obtained from selling to cover the claims pursued under the writ of execution issued by the Edineţ Court.

Following the commercial contest, announced by press release published on 01.11.2013, the Public Property Agency alienated single property complex – State Enterprise “Sovhozul Apicol de Reproducţie „Nectar”.

Contrary to the requirements of Article 125, align. 4 Code of execution the Public Property Agency has transferred financial means obtained from selling at judicial executor’s account in the amount sufficient to cover the claims pursued in order to execute the court decision that remained final.

According to those mentioned the ombudsman found that in the situation described is an ingerense with the realization of the right of free access to justice enshrined in art. 20 of the Constitution and Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Or, the execution of one judgment decision pronounced by one court instance should be regarded as an integral part of a process in accordance with Article 6 of the Convention.

For reinstatement in rights of S.V citizen, in accordance with the Article 25 align. (1) point b) of the Law on the Ombudsman (The Ombudsman) Nr. 52 from 03.04.2014, and art. 274 of the Criminal Procedure Code, Anatolie Munteanu requested to General Prosecutor’s Office organization of presented facts control.

The General Prosecutor’s Office intended a criminal case on non-fair execution of a judicial decision that remained definitive, as elements of the offense provided in Article 328 align. (1) of the Criminal Code "excess of power or exceeding their work duties". The criminal case where were targeted persons with positions of responsibility within the Public Property Agency was dispatched to Anticorruption Prosecutor's Office.

During 2001-2013, the European Court of Human Rights pronounced 137 convictions against Moldova for non-respect of European’s Convention on Human Rights art. 6 - The right to a fair trial. Of these, in 15 cases were pronounced convictions for non execution of judicial instances decisions that remained definitive.