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CĂLIN v. ROMANIA

Doc ref: 54491/14 • ECHR ID: 001-187648

Document date: October 16, 2018

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CĂLIN v. ROMANIA

Doc ref: 54491/14 • ECHR ID: 001-187648

Document date: October 16, 2018

Cited paragraphs only

Communicated on 16 October 2018

FOURTH SECTION

Application no. 54491/14 Oprea CĂLIN against Romania lodged on 25 July 2014

SUBJECT MATTER OF THE CASE

The application concerns the length of the criminal proceedings against the applicant (opening of the criminal investigation on 20 February 2003 – closing of the criminal investigation on 2 9 January 2014) which lasted 10 years, 11 months and 11 days.

The case also concerns the length of the seizure order imposed on the applicant ’ s property (a flat and two cars) on 2 April 2003 and still not lifted. The applicant ’ s complaints against the continuation of this order after the closing of the investigation had been rejected as inadmissible by the Bucharest 4 th District Court on 26 May 2014 as well as by the Prosecutor ’ s Office attached to the Bucharest 4 th District Court on 25 June 2014.

QUESTIONS tO THE PARTIES

1. Was the length of the criminal proceedings in the present case in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?

2. In respect of the seizure and continued retention of the applicant ’ s property, has there been an interference with the applicant ’ s peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1 to the Convention?

If so, was that interference in the public interest and in accordance with the conditions provided for by law, within the meaning of Article 1 of Protocol No. 1? In particular, was that interference proportionate given the duration of the period over which the order of seizure has been applied?

3. Did the applicant have at his disposal an effective domestic remedy for his complaint under Article 1 of Protocol No.1, as required by Article 13 of the Convention?

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