Communicated on 14 February 2014
THIRD SECTION
Application no. 43624/13
Angela ȚINTARU against Romania
and 59 other applications
(see list appended)
STATEMENT OF 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. 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 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 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.
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 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.
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 domestic 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. 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
Represented by
Particular circumstances of the application
Complaints to be communicated
43624/13
28/06/2013
Angela ȚINTARU
18/10/1969
Timişoara
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Timișoara on 17 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43626/13
28/06/2013
Ecaterina MIREA
07/01/1938
Bucharest
Romanian
Ionuț MATEI
Mother of a victim shot in Bucharest on 21 December 1989 and deceased on 25 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43629/13
28/06/2013
Anamaria Loredana ORĂȘANU
30/10/1988
Craiova
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Craiova on 26/27 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43637/13
28/06/2013
Veronica ORĂȘANU
10/07/1968
Craiova
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Craiova on 26/27 December 1989.
Injured by gunshot in Craiova on the same date and in the same circumstances.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43644/13
28/06/2013
Livia DIMA
04/12/1941
Bucharest
Romanian
Ionuț MATEI
Mother of a victim shot in Bucharest on 23 December 1989 and deceased on 26 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43652/13
28/06/2013
Elena COMAN
15/11/1980
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim shot in Bucharest on 21 December 1989 and deceased on 24 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43663/13
28/06/2013
Maria CIUNGAN
25/01/1928
Bucharest
Romanian
Ionuț MATEI
Mother of a victim killed by gunshot in Bucharest on 24 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43666/13
28/06/2013
Maria BENDORFEAN
01/08/1961
Cioponești, Vâlcea County
Romanian
Ionuț MATEI
Widow of a victim shot in Bucharest on 21 December 1989 and deceased on 24 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43674/13
28/06/2013
Dumitru Ilie BENDORFEAN
26/05/1979
Rupturile, Dolj County
Romanian
Ionuț MATEI
Son of a victim shot in Bucharest on 21 December 1989 and deceased on 24 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43682/13
28/06/2013
Alexandra Ioana BENDORFEAN
21/12/1988
Cioponești, Vâlcea County
Romanian
Ionuț MATEI
Daughter of a victim shot in Bucharest on 21 December 1989 and deceased on 24 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43688/13
28/06/2013
Larisa Diana BELICI
12/10/1988
Timișoara
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Timișoara on 18 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43747/13
28/06/2013
Ion BELICI
10/04/1940
Jebel, Timiș County
Romanian
Ionuț MATEI
Father of a victim killed by gunshot in Timișoara on 18 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43754/13
28/06/2013
Alina Andreea MANEA
15/09/1986
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Bucharest on 25 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43759/13
28/06/2013
David Ilie LEIA
20/07/1948
Jam, Hunedoara County
Romanian
Ionuț MATEI
Father of a victim killed by gunshot in Timișoara on 18 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43766/13
28/06/2013
Ecaterina AMBRUS
21/06/1937
Craiova
Romanian
Ionuț MATEI
Mother of a victim killed by gunshot in Craiova on 24 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43778/13
28/06/2013
Daniel MIRCIA
01/04/1978
Timișoara
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Timișoara on 23 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43788/13
28/06/2013
Iosefa MIRCEA
21/07/1968
Sinandrei, Timiș County
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Timișoara on 25 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43792/13
28/06/2013
Mihaela Emilia MIRCIA
04/10/1974
Timișoara
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Timișoara on 23 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43803/13
28/06/2013
Georgeta RĂDULESCU
02/07/1948
Bucharest
Romanian
Ionuț MATEI
Mother of a victim shot in Bucharest on 23 December 1989 and deceased on 24 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43810/13
28/06/2013
Natalia BELICI
01/08/1965
Timișoara
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Timișoara on 18 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43816/13
28/06/2013
Ramona Dorina FEȘIU
09/04/1978
Timișoara
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Timișoara on 17 December 1989 and deceased on 1 January 1990.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43824/13
28/06/2013
Ana PAVEL
27/09/1974
Bucharest
Romanian
Ionuț MATEI
Injured by gunshot in Bucharest on 22 December 1989. By minutes of 13 January 1990, the public prosecutor took note of the applicant’s situation.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43829/13
28/06/2013
Maria PAUNOIU
02/12/1946
Bucharest
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Bucharest on 23 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43834/13
28/06/2013
Georgiana Andreea PĂUNOIU
15/07/1968
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Bucharest on 23 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43840/13
28/06/2013
Sebastian Silviu PĂUNOIU
03/09/1970
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Bucharest on 23 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43852/13
28/06/2013
Emilia ISFAN
04/07/1936
Timișoara
Romanian
Ionuț MATEI
Mother of a victim shot in Timișoara on 17 December 1989 and deceased on 1 January 1990.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43870/13
28/06/2013
Virgil Ștefan ORĂȘANU
27/12/1989
Craiova
Romanian
Ionuț MATEI
The applicant is the son of a victim killed by gunshot in Craiova on 26/27 December 1989. The applicant is a person with severe disability, born on the same night that his father was killed by gunshot and his mother, pregnant at the time, was injured by gunshot.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43871/13
28/06/2013
Lucian Daniel ORĂȘANU
07/11/1987
Craiova
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Craiova on 26/27 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43872/13
28/06/2013
Ana BELICI
05/02/1948
Jebel, Timiș County
Romanian
Ionuț MATEI
Mother of a victim killed by gunshot in Timișoara on 18 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43874/13
28/06/2013
Vasile BĂRBAT
06/10/1937
Orșova
Romanian
Ionuț MATEI
Widower of a victim killed by gunshot in Timișoara on 17 December 1989.
Injured by gunshot in Timișoara on the same date and in the same circumstances.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43875/13
28/06/2013
Angelica Dacia DAMIAN
03/11/1968
Timișoara
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Timișoara on 17 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43877/13
28/06/2013
Ioana Daniela BĂRBAT
15/06/1977
Timișoara
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Timișoara on 17 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43878/13
28/06/2013
Nechifora TIAN
20/06/1941
Bucharest
Romanian
Ionuț MATEI
Mother of a victim killed by gunshot in Bucharest on 23 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43881/13
28/06/2013
Iosif Florian SAVA
20/06/1976
Timișoara
Romanian
Ionuț MATEI
Son of a victim shot in Timișoara on 17 December 1989 and deceased on 1 January 1990.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43882/13
28/06/2013
Iosif SAVA
05/09/1955
Utvin, Timiș County
Romanian
Ionuț MATEI
Widower of a victim shot in Timișoara on 17 December 1989 and deceased on 1 January 1990.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43886/13
28/06/2013
Veronica SAVIN
02/05/1963
Sinandrei, Timiș County
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Timișoara on 25 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43889/13
28/06/2013
Roxana Elena OPRE
23/07/1987
Timișoara
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Timișoara on 17 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43891/13
28/06/2013
Gabriel Ciprian OPRE
30/06/1983
Timișoara
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Timișoara on 17 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43894/13
28/06/2013
Angelica OPRE
16/08/1958
Timișoara
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Timișoara on 17 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43899/13
28/06/2013
Florea IORDAN
03/07/1939
Dumbrăvița, Timiș County
Romanian
Ionuț MATEI
Father of a victim killed by gunshot in Timișoara on 23 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43903/13
28/06/2013
Veronica IORDAN
22/06/1944
Dumbrăvița, Timiș County
Romanian
Ionuț MATEI
Mother of a victim killed by gunshot in Timișoara on 23 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43907/13
28/06/2013
Elena JUBEA
01/03/1934
Timișoara
Romanian
Ionuț MATEI
Mother of a victim killed by gunshot in Timișoara on 24 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43912/13
28/06/2013
Marilena Lucia MANEA
11/06/1967
Bucharest
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Bucharest on 25 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43917/13
28/06/2013
Paul FLUERAN
16/03/1962
Sinandrei, Timiș County
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Timișoara on 25 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43920/13
28/06/2013
Valeria GÎRJOABĂ
30/12/1963
Timișoara
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Timișoara on 17 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43923/13
28/06/2013
Maria GÎRJOABĂ
24/12/1947
Timișoara
Romanian
Ionuț MATEI
Mother of a victim killed by gunshot in Timișoara on 17 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43926/13
28/06/2013
Constantin GÎRJOABĂ
01/08/1941
Timișoara
Romanian
Ionuț MATEI
Father of a victim killed by gunshot in Timișoara on 17 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43932/13
28/06/2013
Dumitru Dan GÎRJOABĂ
13/03/1987
Timișoara
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Timișoara on 17 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43937/13
28/06/2013
Maria DRAGU
11/03/1968
Craiova
Romanian
Ionuț MATEI
Daughter of a victim shot in Craiova on 23 December 1989 and deceased on 24 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
43942/13
28/06/2013
Anica IOSUB
10/07/1937
Chisoda, Timiș County
Romanian
Ionuț MATEI
Mother of a victim killed by gunshot in Timișoara on 17 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64622/13
08/10/2013
Cătălin Florian BĂLAN
03/08/1974
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Bucharest on 23 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64623/13
08/10/2013
Maria FLORESCU
05/10/1936
Bucharest
Romanian
Ionuț MATEI
Mother of a victim killed by gunshot in Bucharest on 23 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64646/13
08/10/2013
Ioan BUCȘA
31/07/1925
Bucharest
Romanian
Ionuț MATEI
Father of a victim killed by gunshot in Bucharest on 24 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64650/13
08/10/2013
Vetuța Claudia SANDU
02/05/1973
Bucharest
Romanian
Ionuț MATEI
Widow of a victim killed by gunshot in Bucharest on 21 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64654/13
08/10/2013
Mihai Cosmin MĂRĂCINICĂ
07/02/1989
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Slobozia on 24 December 1989, following a refusal to stop the car for a military check.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64661/13
08/10/2013
Cornel MĂRĂCINICĂ
10/10/1977
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Slobozia on 24 December 1989, following a refusal to stop the car for a military check.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64664/13
08/10/2013
Maria OPREA
10/06/1963
Bucharest
Romanian
Ionuț MATEI
Mother of a victim killed by gunshot in Bucharest on 22 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64669/13
08/10/2013
Gheorghe OPREA
13/08/1932
Bucharest
Romanian
Ionuț MATEI
Father of a victim killed by gunshot in Bucharest on 22 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64672/13
08/10/2013
Dobrin CONSTANTIN
09/09/1976
Bucharest
Romanian
Ionuț MATEI
Son of a victim killed by gunshot in Bucharest on 23 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
64676/13
08/10/2013
Cristina CONSTANTIN
27/07/1987
Bucharest
Romanian
Ionuț MATEI
Daughter of a victim killed by gunshot in Bucharest on 23 December 1989.
Party in domestic file no. 97/P/1990.
2, 6 § 1, 13
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