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RADU v. ROMANIA and 21 other applications

Doc ref: 2246/19, 3107/19, 3112/19, 3118/19, 3173/19, 3177/19, 4102/19, 4113/19, 4117/19, 13940/19, 17953/19,... • ECHR ID: 001-201609

Document date: February 4, 2020

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RADU v. ROMANIA and 21 other applications

Doc ref: 2246/19, 3107/19, 3112/19, 3118/19, 3173/19, 3177/19, 4102/19, 4113/19, 4117/19, 13940/19, 17953/19,... • ECHR ID: 001-201609

Document date: February 4, 2020

Cited paragraphs only

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 pros ecutor’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

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 MOARCÄ‚S

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

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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