Urechean and Pavlicenco v. Republic of Moldova

Abstract

Human rights — Right to a fair trial — Right of access to a court — Applicants bringing libel action against former head of State in domestic courts — Domestic courts failing to consider whether impugned statements made in exercise of official duties — Competing interests — Whether head of State enjoying absolute immunity — Whether manner in which immunity rule applied constituting disproportionate restriction on applicants’ right of access to a court — Whether Republic of Moldova violating Article 6(1) of European Convention on Human Rights, 1950

State immunity — Head of State immunity — Functional immunity — Whether absolute — Applicants bringing libel action against former head of State in domestic courts — Domestic courts failing to consider whether impugned statements made in exercise of official duties — Competing interests — Whether head of State enjoying blanket immunity — Whether manner in which immunity rule applied constituting disproportionate restriction on applicants’ right of access to a court — Whether Republic of Moldova violating Article 6(1) of European Convention on Human Rights, 1950