Communicated on 4 February 2020
Published on 24 February 2020
FOURTH SECTION
Application no. 2246/19
Sorin-Daniel RADU against Romania
and 21 other applications
(see list appended)
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 Sidea and Others v. Romania ([Committee], no. 889/15 and 38 others, §§ 4-11, 5 June 2018). In respect of the applicants, the facts can be summarised as follows.
Between 22 and 24 December 1989, the applicants were injured by gunshots or their close relatives were shot dead in Bucharest, Brașov, Constanța, Slobozia and Buzău during the events that led to the overthrow of the communist regime.
The main criminal investigation opened in 1990 concerning the use of force, both prior to and following the overthrow of communism, was the subject matter of file no. 11/P/2014 recorded with the domestic military prosecutor’s office.
On 14 October 2015 the prosecutor’s office closed the investigation, finding that the complaints were partly statute-barred, partly subject to an amnesty and partly ill-founded. It also found that some of the facts which had been investigated could not be classified as criminal offences, and some of the charges were res judicatae.
In June 2016 the High Court of Cassation and Justice upheld a decision by the Prosecutor General to quash the prosecutor’s decision of 14 October 2015 and reopen the case.
On 5 April 2019 the prosecutor’s office sent to trial several individuals (namely the former Romanian President, former Romanian Prime-Minister and former commander of the Romanian Air Force at the material time) for crimes against humanity, and closed the investigation with regard to other individuals for different reasons preventing the continuity of criminal proceedings (i.e. some of the charges were res judicatae, some of the suspects died or some of the facts which had been investigated could not be classified as criminal offences). The proceedings are currently pending before the Preliminary Chamber of the High Court of Cassation and Justice.
COMPLAINTS
1. Relying on Articles 2 and 3 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, Brașov, Constanța, Slobozia and Buzău.
2. Relying on Article 6 § 1 of the Convention, in applications nos. 3107/19, 3112/19, 3118/19, 3173/19, 3177/19, 4102/19, 4113/19, 4117/19, 17953/19, 18732/19, 18741/19, 29985/19, 33035/19, 33979/19, 33974/19, 33983/19, 33960/19, 33951/19, 33944/19 and 41550/19, the applicants complain about the length of the criminal proceedings opened after the events of December 1989 in Bucharest, Brașov, Constanța and Buzău.
COMMON QUESTION
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?
CASE SPECIFIC QUESTION
As regards applications nos. 3107/19, 3112/19, 3118/19, 3173/19, 3177/19, 4102/19, 4113/19, 4117/19, 17953/19, 18732/19, 18741/19, 29985/19, 33035/19, 33979/19, 33974/19, 33983/19, 33960/19, 33951/19, 33944/19 and 41550/19, was the length of the criminal proceedings in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?
APPENDIX
No.
Application no.
Lodged on
Applicant name
Date of birth
Place of residence
Represented by
Particular circumstances
of the application
Complaints
to be communicated
(Articles)
2246/19
21/12/2018
Sorin-Daniel RADU
17/09/1970
Bucharest
-
Injured by gunshot on 24 December 1989 in Bucharest
2
3107/19
22/12/2018
Liliana LUPU
18/10/1969
Brașov
-
Wife of a victim killed by gunshot on 24 December 1989 in Brașov
2, 6 § 1
3112/19
22/12/2018
Dorina SAVIN
27/04/1957
Brașov
-
Wife of a victim killed by gunshot on 23 December 1989 in Brașov
2, 6 § 1
3118/19
22/12/2018
Cristian LUPU
14/10/1989
Brașov
-
Son of a victim killed by gunshot on 24 December 1989 in Brașov
2, 6 § 1
3173/19
03/01/2019
Constantin-Sorin ZIDARU
12/08/1967
Brașov
-
Injured by gunshot on 23 December 1989 in Brașov
2, 6 § 1
3177/19
03/01/2019
Radu-Nicolae MOARCĂS
24/03/1963
Brașov
-
Injured by gunshot on 23 December 1989 in Brașov
2, 6 § 1
4102/19
04/01/2019
Gabriela MONOREANU
29/08/1966
Bucharest
Aurel Dionisie AGACHE
Wife of a victim killed by gunshot on 23 December 1989 in Bucharest
2, 6 § 1
4113/19
04/01/2019
Nicolae-Lucian MONOREANU
24/11/1986
Bucharest
Aurel Dionisie AGACHE
Son of a victim killed by gunshot on 23 December 1989 in Bucharest
2, 6 § 1
4117/19
04/01/2019
Mihai-Răzvan ȘTEFAN
09/10/1986
Costinești
Aurel Dionisie AGACHE
Son of a victim killed by gunshot on 23 December 1989 in Constanța
2, 6 § 1
13940/19
28/02/2019
Cornelia CIUBANCAN
04/02/1968
Slobozia
-
Injured by gunshot on 24 December 1989 in Slobozia
2
17953/19
23/03/2019
Estera BURJAN
22/11/1947
Brașov
-
Wife of victim killed by gunshot on the night of 22/23 December 1989 in Brașov
2, 6 § 1
18732/19
23/03/2019
Stefan BURJAN
10/12/1972
Sînpetru
-
Son of victim killed by gunshot on the night of 22/23 December 1989 in Brașov
2, 6 § 1
18741/19
23/03/2019
Erika BALINT
03/08/1976
Sînpetru
-
Daughter of victim killed by gunshot on the night of 22/23 December 1989 in Brașov
2, 6 § 1
29985/19
21/05/2019
Daniela SAVIN
02/04/1983
Brașov
-
Daughter of victim died by gunshot on 23 December 1989 in Brasov
2, 6 § 1
33035/19
31/05/2019
Maria ABRAMOV
14/09/1962
Brașov
Wife of victim killed by gunshot on 23 December 1989 in Brașov
2, 6 § 1
33944/19
07/06/2019
Ana VOICAN
08/02/1955
Mărăcineni
Aurel Dionisie AGACHE
Wife of victim killed by gunshot on 24 December 1989 in Buzău
2, 6 § 1
33951/19
07/06/2019
Elisabeta SOARE
05/02/1989
Buzău
Aurel Dionisie AGACHE
Daughter of victim killed by gunshot on 24 December 1989 in Buzău
2, 6 § 1
33960/19
07/06/2019
Elena-Simona CRAUCIUC
21/05/1987
Buzău
Aurel Dionisie AGACHE
Daughter of victim killed by gunshot on 24 December 1989 in Buzău
2, 6 § 1
33974/19
07/06/2019
Sorin-Alexandru NICOLAE
18/01/1979
București
Aurel Dionisie AGACHE
Son of victim killed by gunshot on 22 December 1989 in Bucharest
2, 6 § 1
33979/19
07/06/2019
Maria-Cristina BOLINTINEANU
27/02/1981
Potoceni
Aurel Dionisie AGACHE
Daughter of victim killed by gunshot on 24 December 1989 in Buzău
2, 6 § 1
33983/19
07/06/2019
Ioan-Laurențiu VOICAN
26/09/1982
Buzău
Aurel Dionisie AGACHE
Son of victim killed by gunshot on 24 December 1989 in Buzău
2, 6 § 1
41550/19
25/07/2019
Țuțui Silviu
08/05/1970
Montreal
Aurel Dionisie AGACHE
Injured by gunshot on the night of 22/23 December 1989 in Brașov
2, 6 § 1
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