RECOGNITION OF A PERSON’S IDENTITY BY COURT AFTER FORTY YEARS

IDOM has successfully completed the case of a man with disabilities who had spent 40 years of his life in the Psycho-Neurological Boarding House of Brînzeni without having a birth certificate or identity card.

IDOM took over the case at the request of the Civic Association Keystone Moldova who had communicated that the 48 years old G.V. was to be reintegrated in the society and was being prepared for life in the community but due to not having civic status documents (birth certificate, identity card), his community reintegration could not be implemented.

At the pretrial stage, Keystone and IDOM only had a piece of information according to which G.V. was born in 1969 in the village of Recea, district of Strășeni; however, no such person was identified in the archives of civil status acts. Alleged relatives were identified in the village of Recea as well as witnesses who claimed that a child named G.V. (whose parents had died long ago) at 9 years old was placed in a children’s boarding school due to his disability and that nobody had ever heard of him since then.

In the absence of civic status acts that would have confirmed G.V.’s identity it became necessary to have G.V.’s birth established by a certain person by judicial means, which led to filing an action in court in special proceedings.

During the examination of the case, due to the new acts found and presented by interested persons (Mayor’s Office, Civil Status Office) as well as based on the statements made by the witnesses summonsed and heard), it was possible to prove that G.V. was in fact born on a different date and year and had a different name (G.S.) but that for unknown reasons, at the age of 9, upon his placement in the Brînzeni Social House, a different name, birth date, month and year was indicated for him.

The Strășeni District Court ruled on 31 Oct 2018 to admit the action and find a fact with legal value – that G.V. and G.S. were the same person. Based on this court judgment, the petitioner will be able, without any legal impediments, to request the issue of a birth certificate and then make an identity card.

IDOM has also found that regretfully there are tens of other persons in the country’s social houses who identities are not known and this creates legal impediments during their integration in the society and their enjoyment of all the rights confined by the law. In this connection, it is necessary for the administrations of the institutions where such persons are placed to get involved actively in starting legal proceedings for establishing their identities.

The petitioner’s interests were represented in court by the lawyer Olesea  Doronceanu of the Litigation and Advocacy Program of IDOM.

Hotărîre

 

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