Communicated on 14 February 2014
THIRD SECTION
Application no. 64625/13
Georgeta MARIN against Romania
and 59 other applications
(see list appended)
STATEMENT OF FACTS
THE FACTS
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. According to the power of attorney submitted in the case files, the applicants are all represented before the Court by Mr Ionuț Matei, lawyer practicing in Bucharest.
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.
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.
Many people, among which the applicants or their relatives, were killed or wounded by gunshot, were injured by the armed forces or were killed in a plane crash, 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”.
Many victims were also killed or wounded by gunfire after 22 December 1989, the date on which the then Head of State was deposed.
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).
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.
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.
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.
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 offences 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.
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.
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.
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.
These investigations are currently pending.
COMPLAINTS
1. Relying on Articles 2 and 3 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.
2. 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.
3. Relying on Article 13 of the Convention, the applicants complain of the lack of an effective remedy in respect of the determination of their claims.
QUESTIONS TO THE PARTIES
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. Having regard to the procedural protection from inhuman or degrading treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV), was the investigation in the case no. 64752/13 by the domestic authorities in breach of Article 3 of the Convention?
3. 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?
4. Did the applicants have at their disposal an effective domestic remedy for the determination of their complaints under Articles 2 or 3 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
Represented by
Particular circumstances of the application
Complaints to be communicated
64625/13
08/10/2013
Georgeta MARIN
02/02/1945
Bucharest
Romanian
Ionuț MATEI
Mother of a victim killed by gunshot in Bucharest on 24.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64626/13
08/10/2013
Dorina BUCUR
28/04/1961
Popești-Leordeni
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Bucharest on 22.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64629/13
08/10/2013
Liliana MITU
24/10/1957
Bucharest
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Bucharest on 21.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64630/13
08/10/2013
Floarea VLAD
09/09/1954
Bucharest
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64631/13
08/10/2013
Elena-Alexandra SANDU
05/12/1989
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Bucharest on 21.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64632/13
08/10/2013
Aurelian MORĂRAȘ
29/11/1980
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Bucharest on 22.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64637/13
08/10/2013
Florica ILIE
20/04/1958
Bucharest
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Bucharest on 25.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64642/13
08/10/2013
Alexandru-Georgian ILIE
24/09/1989
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Bucharest on 25.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64655/13
08/10/2013
Niculae IONESCU
02/04/1932
Bucharest
Romanian
Ionuț MATEI
Father of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64663/13
08/10/2013
Roxana-Adina TOPÂRCEANU
12/02/1983
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64667/13
08/10/2013
Doina IONESCU
06/11/1984
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64674/13
08/10/2013
Monica Mihaela BENI
03/07/1979
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64679/13
08/10/2013
Florența-Lidia VLAD
10/03/1978
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64680/13
08/10/2013
Florin-Vasile LUPU
18/12/1985
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed by gunshot Bucharest on 24.12.1989.
Party in domestic file no. 97/P/1990
2, 6 § 1, 13
64682/13
08/10/2013
Maria CONSTANTIN
14/03/1952
Bucharest
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64683/13
08/10/2013
Costel LUPU
13/11/1987
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Bucharest on 24.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64684/13
08/10/2013
Ionica-Lili IONICĂ
07/04/1979
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64688/13
08/10/2013
Mihai LUPU
21/11/1984
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Bucharest on 24.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64689/13
08/10/2013
Elena MORĂRAȘ
15/06/1959
Bucharest
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Bucharest on 22.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64691/13
08/10/2013
Alexandru-Cristian VLAD
11/02/1976
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64692/13
08/10/2013
Marius-Andrei MORĂRAȘ
22/10/1983
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Bucharest on 22.12.1989
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64693/13
08/10/2013
Aurica LUPU
02/07/1955
Bucharest
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Bucharest on 24.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64695/13
08/10/2013
Cosmin MORĂRAȘ
17/11/1979
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Bucharest on 22.12.1989
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64697/13
08/10/2013
Marius BUTNARU
15/08/1970
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed by gunshot Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990
2, 6 § 1, 13
64699/13
08/10/2013
Mihai Alexandru OPREA
27/10/1987
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Bucharest on 22.12.1989
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64701/13
08/10/2013
Zoica-Adriana BĂLĂLĂU
27/05/1955
Bucharest
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64702/13
08/10/2013
Maria BUTNARU
30/10/1944
Bucharest
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990
2, 6 § 1, 13
64703/13
08/10/2013
Raluca Alexandra COVORAN
28/08/1970
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64704/13
08/10/2013
Constantina IONESCU
14/12/1938
Bucharest
Romanian
Ionuț MATEI
Mother of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64706/13
08/10/2013
Ana SANDU
14/06/1957
Bucharest
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Bucharest on 22.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64709/13
08/10/2013
Andreea-Georgeta BĂLĂLĂU
21/09/1983
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64710/13
08/10/2013
Bogdan-Costin BĂLĂLĂU
02/12/1988
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64712/13
08/10/2013
Ionica CRĂCIUN
15/10/1974
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Bucharest on 22.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64713/13
08/10/2013
Oliviu-Flaviu PETRE
15/07/1975
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed in a plane crash in Vișina, Dâmbovița on 28.12.1989, linked to the military operations of December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64714/13
08/10/2013
Elisabeta TENTZER
30/06/1941
Bucharest
Romanian
Ionuț MATEI
Mother of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64716/13
08/10/2013
Alexandru MICU
21/04/1987
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Bucharest on 24.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64717/13
08/10/2013
Felicia MĂRĂCINICĂ
03/05/1958
Bucharest
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Țăndărei, Slobozia on 24.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64719/13
08/10/2013
Carmen-Bianca BĂLAN
23/08/1976
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64720/13
08/10/2013
Floarea CRESTEAZĂ
29/03/1936
Bucharest
Romanian
Ionuț MATEI
Mother of a victim killed by gunshot in Bucharest on 25.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64721/13
08/10/2013
Mihai-Cosmin MOLDOVEANU
24/03/1980
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed in a plane crash in Vișina, Dâmbovița on 28.12.1989, linked to the military operations of December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64724/13
08/10/2013
Adrian-Nicolae BUCUR
16/10/1983
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64727/13
08/10/2013
Anișoara BORȘU
20/06/1950
Bucharest
Romanian
Ionuț MATEI
Mother of a victim killed by gunshot in Bucharest on 25.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64729/13
08/10/2013
Camil-Dragoș MOLDOVEANU
08/05/1986
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed in a plane crash in Vișina, Dâmbovița on 28.12.1989, linked to the military operations of December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64733/13
08/10/2013
Onița OLARU
01/06/1956
Bucharest
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64734/13
08/10/2013
Cristina GORNEANU
07/01/1932
Bucharest
Romanian
Ionuț MATEI
Mother of a victim killed by gunshot in Bucharest on 24.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64738/13
08/10/2013
Camelia-Raluca OLARU
30/12/1983
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64742/13
08/10/2013
Iuliana-Cristina CRESTEAZĂ
14/10/1984
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Bucharest on 25.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64743/13
08/10/2013
Vasile OLTEANU
03/05/1942
Bucharest
Romanian
Ionuț MATEI
Father of a victim killed by gunshot in Bucharest on 22.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64745/13
08/10/2013
Ana Maria-Raluca BUCUR
12/08/1985
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Bucharest on 26.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64747/13
08/10/2013
Maria OLTEANU
28/08/1945
Bucharest
Romanian
Ionuț MATEI
Mother of a victim killed by gunshot in Bucharest on 22.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64752/13
08/10/2013
Nicolae BĂNUȚOIU
07/06/1965
Bucharest
Romanian
Ionuț MATEI
Injured in Bucharest on 21.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990,
3, 6 § 1, 13
64756/13
08/10/2013
Elena Carmen RĂDUȚĂ
30/05/1987
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Bucharest on 22.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64757/13
08/10/2013
Maria MĂNICĂ
30/07/1956
Bucharest
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Bucharest on 22.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64763/13
08/10/2013
Alina CONSTANTIN
24/06/1980
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64771/13
08/10/2013
Felicia LAMBERT
02/10/1952
Bucharest
Romanian
Ionuț MATEI
Mother of a victim killed by gunshot in Bucharest on 23.12.1989.
Injured by gunshot in Bucharest on 23.12.1989, with supporting medical evidence.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64778/13
08/10/2013
Constantin LAMBERT
30/12/1948
Bucharest
Romanian
Ionuț MATEI
Father of a victim killed by gunshot in Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64781/13
08/10/2013
Elena-Maria BĂDULESCU
11/02/1950
Bucharest
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot Bucharest on 23.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64783/13
08/10/2013
Florentina-Adriana RĂUȚU
27/06/1981
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot Bucharest on 21.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64788/13
08/10/2013
Leonardo Eugen SANDU
15/03/1978
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed by gunshot Bucharest on 22.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64797/13
08/10/2013
Adriana MOISE
11/03/1982
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot Bucharest on 22.12.1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
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