Otgon v. Republic of Moldova

ECHR 343 (2016)
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The applicant and his daughter were admitted to the hospital as they suffered from serious dysentery after drinking tap water. She ensued action against the State-owned utilities provided. The District Court ruled in her favor. The Higher Courts confirmed the findings of the first instance but reduced the award by more than half of the original award. Hence the applicant claimed higher damages stating that under Article 8, her health had been endangers after drinking the infested water.

The Court held that there was a violation of Article 8 of the Convention as the award was considerably low and below the minimum standards as adhered to by the European Courts. It further stated that the applicant had undergone mental and physical suffering- she was in the hospital for two weeks. The Court increased the amount of the award substantially.

The Court takes into account the Government’s argument concerning the relatively short period of in-patient treatment and the absence of evidence of long-term effects on the applicant. Nevertheless, she was kept in hospital for two weeks, which implies that she sustained a certain degree of mental and physical suffering. Moreover, it considers that the sum awarded by the domestic courts is considerably below the minimum generally awarded by the Court in cases in which it has found a violation of Article 8 in respect of the Republic of Moldova, even taking into account the differences between these decisions.” (Para 19)

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