The European Court of Human Rights can:
1. Examine your complaint about a possible human rights violation
It can do this in relation to states which have ratified the European Convention of Human Rights. Moldova is included among those states.
2. Require the state to grant you compensation
If your application is accepted, the Court can determine whether Moldovan state authorities have violated your human rights. If the Court concludes that there has been a violation of your rights and you have asked for compensation, the Court can require the state to grant you compensation (usually a specific sum of money). The Court may also require that the state undertakes other needed individual measures to remedy the violation and restore your situation as much possible before the breach of human right occurred. (for example, reopening of the case before the domestic courts, if you were sentenced by an arbitrary judgment or on basis of evidence obtained by torture) The state must comply with the judgements of the Court.
To receive compensation, you have to ask for it. There are two kinds of damages for which you can ask to be compensated:
- Material damages (or pecuniary damages)
Actual loss of money or other property with value caused by the human rights violation. In the case of material damages, you will have to establish the value of your lost property or the sum of money.
- Moral damages (or non-pecuniary damages)
Mental suffering because of the human rights violation. In the case of moral damages, you can indicate a sum which you wish to receive, but the final decision on the amount of compensation will be made by the Court.
The European Court of Human Rights cannot:
The court can only carry out those tasks, which it is allowed to do under the European Convention on Human Rights. As an international court, it has very specific functions and it does not have the same power as higher courts in Moldova. Therefore, it cannot:
- examine complaints about the actions of private companies and persons
- revoke or change decisions of courts or state institutions
- re-examine the evidence of national court cases
- punish state officials or private individuals
- examine complaints about violations of rights that are not protected by the European Convention on Human Rights and Protocols to it
- annul or amend Moldovan laws