European Court of Human Rights - case of Ciorap v. Moldova (2007) (excerpts)

European Court of Human Rights - case of Ciorap v. Moldova (2007) (excerpts)

(...)

95. In the present case, the Court notes that the applicant's complaint concerned the alleged damage to his health caused by the actions of the authorities. In accordance with Article 85 (1) of the Code of Civil Procedure (“the CCP”, see paragraph 39 above), he should have been exempted from paying court fees due to the nature of his claim, regardless of his ability to pay. The Court notes that the applicant did not expressly rely on this ground for exempting him from the payment of court fees. However, it also notes that the text of Article 85 (1) of the CCP does not subject its application to a requirement of a formal request by the interested party. The Court considers that the domestic court should have examined his request for a court fee waiver also in the light of the nature of his complaint (as did the Chişinău Regional Court, see paragraph 22 above), given its express reference to Article 437 of the Code of Civil Procedure (which, in turn, refers to Article 85) in refusing to examine his case and given the seriousness of complaints made, referring as they did to alleged torture.