Published on 8 January 2023
FOURTH SECTION
Application no. 7005/21
Ileana MILITARU against Romania
and 7 other applications
(see list appended)
communicated on 6 December 2023
STATEMENT OF FACTS
The applicants are Romanian nationals. Their personal details and the dates of introduction of their respective applications are set out in the appended table.
The facts of the cases, as 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) and Moroșanu and Others v. Romania ([Committee], nos. 84271/17 and 4 others, 16 March 2021). In respect of the applicants, the facts can be summarised as follows.
Between 22 and 24 December 1989 the applicants were injured by gunshot, or their close relatives were shot dead in Bucharest and Brașov, during the events that led to the overthrow of the communist regime.
The main criminal investigation which opened in 1990 concerning the use of force, both prior to and following the overthrow of communism, was the subject matter of file no. 97/P/1990 (currently no. 11/P/2014) recorded with the domestic military prosecutor’s office.
The relevant procedural steps taken in the main criminal investigation were described in Association “21 December 1989” and Others (cited above, §§ 12-41) and in Moroșanu and Others (cited above, §§ 8-11).
On 5 April 2019 the military prosecutor’s office sent for trial several individuals (namely a former Romanian president, a former Romanian prime minister and a former commander of the Romanian air force) for crimes against humanity.
The latest information provided to the Court by the applicants dates from March/April 2021. According to this information, on 20 October 2020 the Preliminary Chamber of the High Court of Cassation and Justice ordered the return of the file to the military prosecutor’s office owing to irregularities found in the indictment.
COMPLAINTS
1. Relying on Article 2 of the Convention, the applicants complain of the lack of an effective criminal investigation by the authorities capable of leading to the punishment of those responsible for their injuries or the death of their close relatives during the events of December 1989 in Bucharest and Brașov.
2. Relying on Article 6 § 1 of the Convention, the applicants complain about the length of the criminal proceedings opened after the events of December 1989 in Bucharest and Brașov.
QUESTIONS
1. Having regard to the procedural protection of the right to life (see Association “21 December 1989” and Others v. Romania, nos. 33810/07 and 18817/08, §§ 133-35, 24 May 2011), was the investigation in the present cases compatible with the procedural requirements 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?
APPENDIX
No.
Application no.
Lodged on
Applicant’s name
Year of Birth
Place of Residence
Represented by
Particular circumstances of the application
Complaints to be communicated
(Articles)
1.
7005/21
13/04/2021
Ileana MILITARU
1957
San Isidro
Sorin-George PAȘALICĂ
Mother of a victim killed by gunshot on 22/23 December 1989 in Brașov.
2, 6 § 1
2.
15010/21
06/03/2021
Nicolae BUTUCAN
1969
Bucșani
Aurel Dionisie AGACHE
Injured by gunshot on 23/24 December 1989 in Bucharest.
2, 6 § 1
3.
20906/21
09/04/2021
Silvia-Andrada SANDU
1984
Jimbor
-
Daughter of a victim killed by gunshot on 24 December 1989 in Brașov.
2, 6 § 1
4.
20912/21
09/04/2021
Alin-Ionuț PĂLĂDOIU
1983
Popești-Leordeni
Aurel Dionisie AGACHE
Son of a victim killed by gunshot on 23 December 1989 in Bucharest.
2, 6 § 1
5.
20915/21
09/04/2021
Mihaela-Elena PĂLĂDOIU
1987
Popești-Leordeni
Aurel Dionisie AGACHE
Daughter of a victim killed by gunshot on 23 December 1989 in Bucharest.
2, 6 § 1
6.
20922/21
09/04/2021
Lidia-Camelia PĂLĂDOIU
1982
Popești-Leordeni
Aurel Dionisie AGACHE
Daughter of a victim killed by gunshot on 23 December 1989 in Bucharest.
2, 6 § 1
7.
22055/21
09/04/2021
Robert-Iancu SANDU
1988
Brașov
-
Son of a victim killed by gunshot on 24 December 1989 in Brașov.
2, 6 § 1
8.
22057/21
09/04/2021
Elisabeta SANDU
1958
Brașov
-
Wife of a victim killed by gunshot on 24 December 1989 in Brașov.
2, 6 § 1
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