Communicated on 23 March 2020 Published on 18 May 2020

FOURTH SECTION

Application no. 1250/15 Nicolae BOLMANDÃŽR and Others against Romania lodged on 17 December 2014

SUBJECT MATTER OF THE CASE

The application concerns the alleged unfairness of the proceedings against the applicants on account of the domestic courts ’ failure to, respectively, overturn the second, third and fourth applicants ’ acquittal without a direct assessment of the relevant evidence, and to give an(y) answer to the applicants ’ appeal concerning the criminal limb in so far as essential evidence was adduced in the case only at the end of the proceedings, as well as concerning the civil limb .

QUESTIONS TO THE PARTIES

1. Did the applicants have a fair hearing in the determination of the criminal charges against them, in accordance with Article 6 § 1 of the Convention?

In particular, did the overturning by the appellate courts of the second, third and fourth applicants ’ acquittal without a direct assessment of the evidence given by witnesses on whose statements they relied, impair the overall fairness of the proceedings?

2. Were the applicants afforded adequate time and facilities to prepare their defence, as required by Article 6 § 3 (b) of the Convention, in connection with the allegedly essential evidence (“volume VI”) which was taken to the file only at the end of the appeal stage of proceedings?

3. Did the applicants have a fair hearing in the determination of their civil obligations, in accordance with Article 6 § 1 of the Convention, in view of the fact that the appellate court has not given any reply to their arguments concerning the civil limb of the proceedings?

APPENDIX List of 4 applicants

No.

Applicant ’ s name

Birth date

Nationality

Place of residence

1Nicolae BOLMANDÃŽR

03/09/1976

Romanian

Constan ţ a

2Daniel BALAN

2 1/03/1982

Romanian

Constan ţ a

3Adrian BOLMANDÃŽR

15/08/1977

Romanian

Constan ţ a

4Sorin CONDURACHE

29/03/1978

Romanian

Constan ţ a