Malima Case: Decision Regarding the Administrative Penalty
|Publisher||Moldova: Judicial Board for Criminal Cases of Chisinau Tribunal|
|Author||Judicial Board for Criminal Cases of Chisinau Tribunal|
|Publication Date||14 April 2000|
|Citation / Document Symbol||3r-168/2000|
|Cite as||Malima Case: Decision Regarding the Administrative Penalty, 3r-168/2000 , Moldova: Judicial Board for Criminal Cases of Chisinau Tribunal, 14 April 2000, available at: http://www.refworld.org/docid/3ae6b6f110.html [accessed 5 May 2015]|
|Comments||Note: All decisions were taken in absence of natioanl law on refugee status. Names of defendants were changed in order to safeguard their rights to privacy. This is an unofficial translation.|
Decision Regarding the Administrative Penalty
14 April 2000
Judge G. Stratulat
Judicial Board for Criminal Cases of Chisinau Tribunal as follows:
President of the Court session, Anatolie Doga
Judges, Olga Adam and Sergiu Furdui
With the participation of:
Advocate, A. Barbaneagra
Interpreter, Osman Umer
Trying in a public session the administrative case regarding Mr. Malima born on 31.01.1969, citizen of Sudan appealing the decision of the Botanica sector Court from 14.03.2000
Mr. Malima has been sanctioned for the fact that "he is living on 10/3 Teodorovici Str. Ap.15, Chisinau since 3 March without registration".
In his appeal Mr. Malima requests the annulment of the decision of the first instance due to the fact that it is illegal and unfounded.
Verifying the legality and the solidity of the decision basing on the file's materials and on those presented the Judicial Board considers the appeal well-founded and is going to accept it due to the following reasons:
According to the letter of protection no.99 MD 00016301 dated 2 march 2000 issued by the United Nations High Commissioner for Refugees (UNHCR) Mr. Malima has been taken under the protection of UNHCR in order to determine his juridical status, he has applied for refugee status;
According to the provisions of Article 19, para. 2 of the Constitution of the Republic of Moldova, Article 14 of the Universal Declaration of Human Rights dated 10 December 1948 to which Moldova is a party since 28 July 1990, any person who is being persecuted has the right to seek asylum in other countries;
According to Article 1 of the European Convention of Human Rights the State has the obligation to temporarily legalize the person who seeks asylum until the case is decided by the competent organizations, in this case by UNHCR.
There are no constitutive elements of the contravention stipulated in Article 192, para. 1 of the Code of Administrative Offences of the Republic of Moldova and that is why it is necessary to stop the procedure on the file according to Article 234 para.1 of the Code of Administrative Offences of the Republic of Moldova.
As a consequence, according to Article 282.5(4) of the Code of administrative Offences of the Republic of Moldova, the Judicial Board
The decision dated 14.03.2000 of the Court of Botanica sector regarding Mr. Malima is annulled and the case is cassated.
The decision is final.