Communicated on 10 October 2014
THIRD SECTION
Application no. 24090/14
Dumitru ALEXOAIE against Romania
and 78 other applications
(see list appended)
STATEMENT OF FACTS
THE FACTS
1. The applicants are all Romanian nationals. The applicants’ personal details, as well as details of the events and domestic proceedings to which they were parties are set out in the appended table. The applicants are all represented before the Court by Mr Ionuț Matei, lawyer practicing in Bucharest.
2. The facts of the case, as they have been submitted by the applicants, are similar to those presented in Association “21 December 1989” and Others v. Romania (nos. 33810/07 and 18817/08, §§ 12-41, 24 May 2011). They belong to the same historical context and relate to the same domestic criminal proceedings as those at issue in the above-mentioned case. They can be summarized as follows.
3. Following demonstrations against the Government, on 17 December 1989, on an order from Nicolae Ceauşescu, President of the Republic, military operations were conducted in Timișoara and in the following days in other towns, causing many civilian victims. According to a letter of 5 June 2008 from the military prosecutor’s office at the High Court of Cassation and Justice, “more than 1,200 people died, more than 5,000 people were injured and several thousand people were unlawfully deprived of their liberty and subjected to ill treatment”, in Bucharest, Timişoara, Reşiţa, Buzău, Constanţa, Craiova, Brăila, Oradea, Cluj, Braşov, Târgu Mureş, Sibiu and other towns in Romania. In addition, it appears from Ministry of Defence documents, declassified by Government decision no. 94/2010 of 10 February 2010, that thousands of servicemen, equipped with combat tanks and other armed vehicles, were deployed in Bucharest and other cities. During the period of 17 to 30 December 1989 they used considerable quantities of ammunition.
4. Many people, among which the applicants or their relatives, were killed or wounded by gunshot during their participation in demonstrations against the communist regime, from 17 December 1989 in Timişoara, and from 21 December 1989 in Bucharest, Braşov and other cities and towns across the country. According to a report of 24 July 1990 by the Directorate of Military Prosecutor’s Offices (Direcţia procuraturilor militare), in the night of 21 to 22 December 1989 “48 persons died and 150 persons were injured in Bucharest as a result of the violent crackdown by the armed forces, including through the use of firearms”.
5. Many victims were also killed or wounded by gunfire after 22 December 1989, the date on which the then Head of State was deposed.
6. During 1990 the military prosecutor’s offices in Bucharest, Timişoara, Oradea, Constanţa, Craiova, Bacău, Târgu Mureş and Cluj opened investigations into the use of force and unlawful deprivation of liberty in the final days of December 1989. In a number of cases concerning the events in Timişoara and Cluj‑Napoca, the investigations culminated in transfer to the courts and the conviction of certain senior military officers (regarding the repression in Timişoara from 17 to 22 December 1989, see the case of Şandru and Others v. Romania, no. 22465/03, §§ 6-47, 8 December 2009).
7. To date, the main criminal investigation into the use of violence, especially against civilian demonstrators, both prior to and following the overthrow of Nicolae Ceauşescu, is still pending and is the subject matter of file no. 97/P/1990. The most important procedural steps can be summarized as follows.
8. On 20 September 1995, prosecutor S. in the military prosecutors’ office at the Supreme Court of Justice issued a decision discontinuing proceedings in case no. 97/P/1990, which concerned persons killed or injured by gunfire.
9. By a decision of 7 December 2004, not communicated to the applicants, the military prosecutor’s office at the High Court of Cassation and Justice set aside the decision of 20 September 1995, issued in case no. 97/P/1990, as unlawful and unfounded.
10. By a decision of the same day, namely 7 December 2004, the military prosecutor’s office ordered the indictment of 102 persons, essentially officers, including high-ranking officers, from the Army, police and Securitate forces, for murder (Articles 174-176 of the Criminal Code), genocide (Article 357 of the Criminal Code), inhuman treatment (Article 358 of the Criminal Code), attempting, aiding and abetting in the commission of these offenses and participation lato sensu (participaţie improprie) in them, acts committed “during the period from 21 to 30 December 1989”. Sixteen civilians, including a former President of Romania and a former Head of the Romanian Intelligence Service, were also charged.
11. Several criminal investigations into the fatal crackdown on the demonstrations of December 1989, which had initially been conducted separately, were joined to the investigation that was the subject matter of case no. 97/P/1990.
12. By a decision of 15 January 2008, the military prosecuting authorities at the High Court of Cassation and Justice decided to severe the investigation concerning the sixteen civilian defendants (including a former President of Romania and a former Head of the Romanian Intelligence Service) from the investigation involving military personnel, and to relinquish its jurisdiction in favour of the prosecutor’s office at the High Court of Cassation and Justice.
13. By an Ordinance of 18 October 2010, the military prosecuting authorities decided not to institute criminal proceedings with regard to the acts committed by the military, partly for prescription and partly as unfounded. The investigation into the crimes committed by civilians, members of patriotic guards, members of the militia and prison staff was severed and jurisdiction was relinquished in favor of the prosecuting authorities at the High Court of Cassation and Justice.
14. These investigations are currently pending.
COMPLAINTS
15. Relying on Article 2 of the Convention, the applicants complain of the lack of an effective criminal investigation opened by the authorities in order to punish those responsible for the violent quashing of the anti-communist demonstrations of December 1989 in Bucharest and other cities of Romania.
16. Invoking Article 6 § 1 of the Convention, the applicants complain of the length of the criminal proceedings opened after the events of December 1989 in Bucharest and other cities of Romania.
17. Relying on Article 13 of the Convention, the applicants complain of the lack of an effective domestic remedy in respect of the determination of their claims.
QUESTIONS
1. Having regard to the procedural protection of the right to life (see paragraph 104 of Salman v. Turkey [GC], no. 21986/93, ECHR 2000-VII), was the investigation in the present cases by the domestic authorities in breach of Article 2 of the Convention?
2. Was the length of the criminal proceedings in the present cases in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?
3. Did the applicants have at their disposal an effective domestic remedy for the determination of their complaints under Article 2 of the Convention, as required by Article 13 of the Convention?
APPENDIX
No.
Application
no. and date of introduction
Applicant name
Date of birth
Place of residence
Nationality
Particular circumstances of the application
24090/14
21/03/2014
Dumitru ALEXOAIE
03/10/1969
Timişoara
Romanian
Injured by gunshot in Timişoara on 17.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
24091/14
21/03/2014
Camelia ANDREI
07/04/1968
Timişoara
Romanian
Sister of a victim killed by gunshot in Timişoara on 17.12.1989.
Party in domestic file no. 97/P/1990.
24092/14
21/03/2014
Cristian Mihai APOSTOL
04/11/1971
Bucharest
Romanian
Son of a victim killed by gunshot in Bucharest on 24.12.1989.
Party in domestic file no. 97/P/1990.
24093/14
21/03/2014
Elena APOSTOL
12/09/1949
Măgurele, Teleorman County
Romanian
Widow of a victim killed by gunshot in Bucharest on 24.12.1989.
Party in domestic file no. 97/P/1990.
24094/14
21/03/2014
Vasile Marius APOSTOL
08/04/1974
Bucharest
Romanian
Son of a victim killed by gunshot in Bucharest on 24.12.1989.
Party in domestic file no. 97/P/1990.
24095/14
21/03/2014
Marilena BEJINAR
20/09/1968
Bucharest
Romanian
Widow of a victim killed by gunshot in Bucharest on 24.12.1989.
Party in domestic file no. 97/P/1990.
24098/14
21/03/2014
Liviu BÂLC
03/06/1970
Sînandrei, Timiș County
Romanian
Injured by gunshot in Timişoara on 22.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
24100/14
21/03/2014
Ion Cătălin BOERESCU
05/10/1987
Bucharest
Romanian
Son of a victim killed by gunshot in Bucharest on 24.12.1989.
Party in domestic file no. 97/P/1990.
24101/14
21/03/2014
Daniela BALDOVIN
16/03/1989
Bucharest
Romanian
Daughter of a victim killed by gunshot in Bucharest on 21.12.1989.
Party in domestic file no. 97/P/1990.
24102/14
21/03/2014
Cristina Antoaneta BĂLAȘA
18/03/1974
Bucharest
Romanian
Daughter of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
24103/14
21/03/2014
Elisabeta BARBU
01/09/1933
Bucharest
Romanian
Mother of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
24104/14
21/03/2014
Maria BARA
17/07/1947
Bucharest
Romanian
Mother of a victim killed by gunshot in Bucharest on 21.12.1989.
Party in domestic file no. 97/P/1990.
24105/14
21/03/2014
Ioan BEJINAR
25/07/1990
Bucharest
Romanian
Son of a victim killed by gunshot in Bucharest on 24.12.1989.
Party in domestic file no. 97/P/1990.
24106/14
21/03/2014
Stan BURCIOAICA
01/03/1954
Bucharest
Romanian
Father of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
24108/14
21/03/2014
Elena Liliana BUTNARU
21/12/1982
Bucharest
Romanian
Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
24110/14
21/03/2014
Mihai BUMBAR
29/11/1969
Ruscova, Maramureș County
Romanian
Injured by gunshot in Timişoara on 17.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
24111/14
21/03/2014
Nicușor CUCOȘ
20/05/1962
Timişoara
Romanian
Injured by gunshot in Timişoara on 17.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
24113/14
21/03/2014
Antoaneta DIMULESCU
02/07/1952
Bucharest
Romanian
Widow of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
24115/14
21/03/2014
Erika DRĂGHICI
08/10/1968
Timişoara
Romanian
Injured by gunshot in Timişoara on 17.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
24116/14
21/03/2014
Marcel Constantin DRĂGHICI 29/05/1965
Timişoara
Romanian
Injured by gunshot in Timişoara on 17.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
24118/14
21/03/2014
Ionela Gina DRULEA
04/11/1973
Bucharest
Romanian
Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
24119/14
21/03/2014
Maria ENACHE
20/11/1946
Bucharest
Romanian
Mother of a victim killed by gunshot in Bucharest on 24.12.1989.
Party in domestic file no. 97/P/1990.
24121/14
21/03/2014
Traian CILIBEANU
01/05/1941
Bucharest
Romanian
Father of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
24124/14
21/03/2014
Dumitra IANCU
10/04/1953
Bucharest
Romanian
Widow of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
24125/14
21/03/2014
Elena ION
05/02/1955
Bucharest
Romanian
Widow of a victim killed by gunshot in Bucharest on 21.12.1989.
Party in domestic file no. 97/P/1990.
24127/14
21/03/2014
Florica IVAN
05/05/1948
Bucharest
Romanian
Mother of a victim killed by gunshot in Brașov on 23.12.1989.
Party in domestic file no. 97/P/1990.
24129/14
21/03/2014
Alexandru Eduard Ionuț IVAN
16/02/1988
Bucharest
Romanian
Son of a victim killed by gunshot in Brașov on 23.12.1989.
Party in domestic file no. 97/P/1990.
24130/14
21/03/2014
Andreea Elena ION
27/07/1989
Bucharest
Romanian
Daughter of a victim killed by gunshot in Bucharest on 21.12.1989.
Party in domestic file no. 97/P/1990.
24133/14
21/03/2014
Grigore Cristian CÎRLOVA
04/02/1972
Bucharest
Romanian
Injured by gunshot in Bucharest on 24.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
24136/14
21/03/2014
Georgeta Cristina IVAN
17/06/1970
Bucharest
Romanian
Widow of a victim killed by gunshot in Brașov on 23.12.1989.
Party in domestic file no. 97/P/1990.
24140/14
21/03/2014
Aisa Anastasia CARP
20/08/1988
Bucharest
Romanian
Daughter of a victim killed by gunshot in Bucharest on 22.12.1989.
Party in domestic file no. 97/P/1990.
24141/14
21/03/2014
Marius Constantin ION
30/11/1973
Bucharest
Romanian
Son of a victim killed by gunshot in Bucharest on 21.12.1989.
Party in domestic file no. 97/P/1990.
24146/14
21/03/2014
Dan FILIP FÎNTÎNARU
01/05/1975
Bucharest
Romanian
Son of a victim killed by gunshot in Bucharest on 24.12.1989.
Party in domestic file no. 97/P/1990.
24149/14
21/03/2014
Petra GHEORGHE
02/01/1952
Bucharest
Romanian
Widow of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
24152/14
21/03/2014
Gabriel Laurentiu GHEORGHE
19/12/1978
Bucharest
Romanian
Son of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
24155/14
21/03/2014
Andreea JULEA
14/01/1989
Bucharest
Romanian
Daughter of a victim killed by gunshot in Bucharest on 25.12.1989.
Party in domestic file no. 97/P/1990.
24156/14
21/03/2014
Valentin Mirel GHEORGHE
28/06/1972
Bucharest
Romanian
Son of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
24158/14
21/03/2014
Liliana JULEA
12/07/1987
Bucharest
Romanian
Daughter of a victim killed by gunshot in Bucharest on 25.12.1989.
Party in domestic file no. 97/P/1990.
24159/14
21/03/2014
Liliana Olga GRECU
04/09/1945
Bucharest
Romanian
Daughter of a victim killed by gunshot in Bucharest on 24.12.1989.
Party in domestic file no. 97/P/1990.
24160/14
21/03/2014
Ștefan Jenică KOPICUC
10/12/1977
Bucharest
Romanian
Son of a victim killed by gunshot in Bucharest on 22.12.1989.
Party in domestic file no. 97/P/1990.
24162/14
21/03/2014
Doinița GHERASIM
04/01/1966
Timişoara
Romanian
Injured by gunshot in Timişoara on 17.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
24165/14
21/03/2014
Victorița KOPICUC
28/03/1969
Bucharest
Romanian
Daughter of a victim killed by gunshot in Bucharest on 22.12.1989.
Party in domestic file no. 97/P/1990.
24168/14
21/03/2014
Stefan HORVATH
16/11/1967
Timişoara
Romanian
Injured by gunshot in Timişoara on 22.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
24170/14
21/03/2014
Anica KOPICUC
17/09/1948
Bucharest
Romanian
Widow of a victim killed by gunshot in Bucharest on 22.12.1989.
Party in domestic file no. 97/P/1990.
24173/14
21/03/2014
Lidia LAZĂR
20/02/1969
Timişoara
Romanian
Injured by gunshot in Timişoara on 17.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
24174/14
21/03/2014
Voica HARALAMBIE
01/05/1937
Bucharest
Romanian
Mother of a victim killed by gunshot in Bucharest on 25 .12.1989.
Party in domestic file no. 97/P/1990.
24180/14
21/03/2014
George LACHE
30/04/1972
Bucharest
Romanian
Son of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
24181/14
21/03/2014
Nelu HALIP
02/09/1967
Săcălaz, Timiș County
Romanian
Injured by gunshot in Timişoara on 17.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
24185/14
21/03/2014
Constanța LACHE
02/06/1950
Bucharest
Romanian
Widow of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
24188/14
21/03/2014
Gheorghe LUNGU
26/06/1960
Timișoara
Romanian
Injured by gunshot in Timişoara on 22.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
24192/14
21/03/2014
Daniel Adrian LAZĂR
02/03/1980
Bucharest
Romanian
Son of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
24194/14
21/03/2014
Viorel Marius LAZĂR
21/05/1977
Bucharest
Romanian
Son of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
24196/14
21/03/2014
Ion LOVIN
16/06/1985
Bucharest
Romanian
Son of a victim killed by gunshot in Bucharest on 24.12.1989.
Party in domestic file no. 97/P/1990.
24200/14
21/03/2014
Manuel Virgil LOVIN
10/03/1983
Bucharest
Romanian
Son of a victim killed by gunshot in Bucharest on 24.12.1989.
Party in domestic file no. 97/P/1990.
24205/14
21/03/2014
Stelian LUCHESCU
06/02/1963
Timişoara
Romanian
Injured by gunshot in Timişoara on 17.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
24210/14
21/03/2014
Eugen MURARIU
19/10/1961
Timişoara
Romanian
Injured by gunshot in Timişoara on 17.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
24214/14
21/03/2014
Elena MĂNESCU
12/12/1935
Bucharest
Romanian
Mother of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
24220/14
21/03/2014
Lucian Andrei MUREȘAN
30/12/1971
Timişoara
Romanian
Injured by gunshot in Timişoara on 17.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
24223/14
21/03/2014
Mircea NEDELCIU
01/02/1949
Bucharest
Romanian
Injured by gunshot in Bucharest on 23.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
24225/14
21/03/2014
Dan Ioan PAȘCA
29/08/1972
Timişoara
Romanian
Injured by gunshot in Timişoara on 17.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
24227/14
21/03/2014
Emilia PAȘAN
28/06/1977
Bucharest
Romanian
Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
24230/14
21/03/2014
Elena POPESCU
04/08/1954
Bucharest
Romanian
Widow of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
24235/14
21/03/2014
Vasile STAN
14/01/1955
Timişoara
Romanian
Injured by gunshot in Timişoara on 17.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
24236/14
21/03/2014
Mihai Andrei POPESCU
04/10/1980
Bucharest
Romanian
Son of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
24238/14
21/03/2014
Zora STOIANOV
09/09/1973
Timişoara
Romanian
Injured by gunshot in Timişoara on 17.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
24240/14
21/03/2014
Ana Madalina POPESCU
28/06/1988
Bucharest
Romanian
Daughter of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
24242/14
21/03/2014
Ioana Valentina POSTELNICU
03/09/1984
Bucharest
Romanian
Daughter of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
24244/14
21/03/2014
Marcel SIDENCO
22/11/1970
Sant`Angelo Lodigiano, Italy
Romanian
Injured by gunshot in Timişoara on 17.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
24245/14
21/03/2014
Georgiana Mădălina POSTELNICU
01/09/1983
Bucharest
Romanian
Daughter of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
24247/14
21/03/2014
Viorica STOICA
31/07/1931
Bucharest
Romanian
Mother of a victim killed by gunshot in Bucharest on 22.12.1989.
Party in domestic file no. 97/P/1990.
24248/14
21/03/2014
Cristinela POSTELNICU
29/03/1965
Bucharest
Romanian
Widow of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
24250/14
21/03/2014
Oana Andreea ȘTEFĂNESCU
08/12/1975
Bucharest
Romanian
Daughter of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
24251/14
21/03/2014
Alexandra Daniela ROȘCA
07/12/1981
Bucharest
Romanian
Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
24254/14
21/03/2014
Marius Cristian TEODORASC
15/08/1990
Bucharest
Romanian
Son of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
24258/14
21/03/2014
Elena Iulia UDUP
23/08/1980
Bucharest
Romanian
Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
24259/14
21/03/2014
Florica ROȘCA
24/08/1961
Bucharest
Romanian
Widow of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
24260/14
21/03/2014
Irina Maria VITAN
04/03/1975
Bucharest
Romanian
Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
24263/14
21/03/2014
Maria Mădălina ROȘCA
26/07/1988
Bucharest
Romanian
Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
24266/14
21/03/2014
Liviu Tit STOICA
17/12/1928
Bucharest
Romanian
Father of a victim killed by gunshot in Bucharest on 22.12.1989.
Party in domestic file no. 97/P/1990.
Full & Egal Universal Law Academy