Lexploria

Communicated on 16 December 2015

FOURTH SECTION

Application no. 30357/15 Alexandru Petrișor MATEI against Romania and 31 other applications (see list appended)

1. 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.

2. 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) and Alecu and Others v. Romania , no. 56838/08 and 80 other cases , § § 5 ‑ 14, 27 January 2015 . 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.

3 . Following demonstrations against the Government, on 17 December 1989, as ordered by 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 -Napoca , 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 from 17 to 30 December 1989 they used considerable quantities of ammunition.

4 . Many people, including 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”.

5 . Many victims were also killed or wound ed by gunfire after 22 December 1989, the date on which the then Head of State was deposed.

6. During 1990 the military prosecutor ’ s offices in Bucharest, TimiÅŸoara , Oradea, ConstanÅ£a , Craiova, Bacău , Târgu MureÅŸ and Cluj -Napoca 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 TimiÅŸoara and Cluj ‑ Napoca, the investigations culminated in transfer to the courts and the conviction of certain senior military officers (regarding the repression in TimiÅŸoara from 17 to 22 December 1989, see the case of Åž andru and Others v. Romania , no. 22465/03, §§ 6-47, 8 December 2009).

7 . To date, the main criminal investigation into the use of violence, especially against civilian demonstrators, both prior to and following the overthrow of Nicolae CeauÅŸescu , is still pending and is the subject matter of file no. 11/P/2014, former 97/P/1990. The most important procedural steps can be summarized as follows.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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 favour of the prosecuting authorities at the High Court of Cassation and Justice.

14. On 15 April 2011 the chief prosecutor at the military prosecutor ’ s office set aside the decision of 18 October 2010 on the grounds that the investigation had not yet been finalised and not all victims and perpetrators had yet been identified.

15. On 18 April 2011 the military prosecutor ’ s office relinquished jurisdiction in favour of the prosecutor ’ s office at the High Court of Cassation and Justice on the ground that the investigation concerned both civilians and military.

16. On 9 March 2012 – following the opening to the public in 2010 of the classified information in the criminal investigation file – the case was re ‑ registered under no. 270/P/2008 with a view to an investigation in the light of the recently available data.

17. Following the entry into force of the New Code of Criminal Procedure in 2014, the jurisdiction over the case has been relinquished in favour of the military prosecutor ’ s office and re-registered under no. 11/P/2014.

18. This investigation appears to be currently pending.

COMPLAINTS

19. Relying on Articles 2 and 3 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 Vișina .

20. 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 Vișina .

21. 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, and paragraphs 133 - 135 of Association “21 December 1989” and Others v. Romania, nos. 33810/07 and 18817/08, 24 May 2011) and to the procedural protection from inhuman or degrading treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV) , was the investigation in the present cases by the domestic authorities in breach of Article 2 and 3 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 Articles 2 or 3 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

Represented by

Particular circumstances of the application

Complaints to be communicated

30357/15

15/06/2015

Alexandru Petrișor MATEI

28/08/1977

Bucuresti

IonuÈ› MATEI

Beaten by the militia forces and placed in detention in a centre for minors in Bucharest, on the night of 21/22 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

3, 6 § 1, 13

30363/15

15/06/2015

Ovidiu POPESCU

22/04/1958

Bucuresti

IonuÈ› MATEI

Participated in the events of 21 December 1989 in Bucharest, without physical or psychological effects proven by medical documents.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

6 § 1, 13

30365/15

15/06/2015

Nicoleta Lorena GIURCANU

07/02/1975

Bucuresti

IonuÈ› MATEI

Beaten by the militia forces and placed in detention in a centre for minors in Bucharest, on the night of 21/22 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

3, 6 § 1, 13

30368/15

15/06/2015

Cătălin Alexandru GIURCANU

29/08/1973

Bucuresti

IonuÈ› MATEI

Son of a victim killed by gunshot in Bucharest on the night of 23/24 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

30371/15

15/06/2015

Paraschiva GHIMBOAȘĂ

03/06/1953

Eftimie Murgu , jud . Cara È™-Severin

IonuÈ› MATEI

Mother of a victim shot in Bucharest on the night of 23/24 December 1989 and deceased on 25 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

30376/15

15/06/2015

Filip GHIMBOAȘĂ

21/08/1946

Eftimie Murgu , jud . Cara È™ ‑ Severin

IonuÈ› MATEI

Father of a victim shot in Bucharest on the night of 23/24 December 1989 and deceased on 25 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

30383/15

15/06/2015

Daniela Nicoleta

ARGHIROV

27/07/1979

București

IonuÈ› MATEI

Daughter of a victim killed by gunshot in Bucharest on 23 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

No.

Application no. and

date of introduction

Applicant name

date of birth

place of residence

Represented by

Particular circumstances of the application

Complaints to be communicated

30386/15

15/06/2015

Ana-Valentina ION

03/10/1988

București

IonuÈ› MATEI

Daughter of a victim killed by gunshot in Bucharest on 23 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

30390/15

15/06/2015

Georgeta ION

04/02/1958

București

IonuÈ› MATEI

Widow of a victim killed by gunshot in Bucharest on 23 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

30392/15

15/06/2015

Traian VASU

10/06/1944

București

IonuÈ› MATEI

Beaten by the militia forces and placed in detention in Jilava, Bucharest, on the night of 21/22 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

3, 6 § 1, 13

30393/15

15/06/2015

Doina-Liliana FRANGA

14/03/1938

București

IonuÈ› MATEI

Mother of a victim killed by gunshot in Bucharest on 22 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

30395/15

15/06/2015

Victor FRANGA

02/10/1940

București

IonuÈ› MATEI

Father of a victim killed by gunshot in Bucharest on 22 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

30397/15

15/06/2015

Lavinia Simona FELDMANN

14/02/1976

Ruben, Germany

IonuÈ› MATEI

Injured by gunshot in Bucharest on 24 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

30400/15

15/06/2015

Cristina CHICHEANU

10/11/1974

București

IonuÈ› MATEI

Injured by gunshot in Bucharest on 21 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

30405/15

15/06/2015

Daniela CANACHEU

28/03/1972

Bucure È™ ti

IonuÈ› MATEI

Participated in the events of 21 December 1989 in Bucharest, without physical or psychological effects proven by medical documents.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

6 § 1, 13

30410/15

15/06/2015

Luminița ZELENIUC

18/04/1970

București

IonuÈ› MATEI

Beaten by the militia forces and placed in detention in Jilava, Bucharest, on the night of 21/22 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

3, 6 § 1, 13

No.

Application no. and

date of introduction

Applicant name

date of birth

place of residence

Represented by

Particular circumstances of the application

Complaints to be communicated

30411/15

15/06/2015

Daniela BADEA

03/12/1966

Roma, Italy

IonuÈ› MATEI

Beaten by the militia forces and placed in detention in Jilava, Bucharest, on the night of 21/22 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

3, 6 § 1, 13

30435/15

15/06/2015

Mihaela-Silviana TULEA

20/10/1980

București

IonuÈ› MATEI

Daughter of a victim killed by gunshot in Bucharest on 24 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

30440/15

15/06/2015

Victoria Carmen STAICU

18/06/1979

Spring, USA

IonuÈ› MATEI

Daughter of a victim killed by gunshot in Bucharest on 31 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

30445/15

15/06/2015

Teodor-Haralambie BICHI

10/02/1977

București

IonuÈ› MATEI

Son of a victim killed by gunshot in Bucharest on 31 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

30453/15

15/06/2015

Liviu -Florian BICHI

16/05/1975

București

IonuÈ› MATEI

Son of a victim killed by gunshot in Bucharest on 31 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

30462/15

15/06/2015

Maria MATEESCU

22/01/1943

București

IonuÈ› MATEI

Mother of a victim killed by gunshot in Bucharest on the night of 21/22 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

30469/15

15/06/2015

Ion-Nicolae- Sorin TÄ‚NÄ‚SESCU

14/07/1971

Bucuresti

IonuÈ› MATEI

Participated in the events of 21/30 December 1989 in Bucharest, with psychological effects.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

3, 6 § 1, 13

30473/15

15/06/2015

Irina-Cristina ADAM

25/05/1969

Bucuresti

IonuÈ› MATEI

Participated in the events of 21/24 December 1989 in Bucharest, with psychological effects.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

3, 6 § 1, 13

30474/15

15/06/2015

Cristian ADAM

19/02/1968

Bucuresti

IonuÈ› MATEI

Participated in the events of 21/25 December 1989 in Bucharest, with psychological effects.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

3, 6 § 1, 13

No.

Application no. and

date of introduction

Applicant name

date of birth

place of residence

Represented by

Particular circumstances of the application

Complaints to be communicated

30479/15

15/06/2015

Bogdan Eugen ANGHEL

28/08/1966

Bucuresti

IonuÈ› MATEI

Participated in the events of 21/24 December 1989 in Bucharest, with psychological effects.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

3, 6 § 1, 13

30488/15

15/06/2015

Floarea VINTILÄ‚

07/09/1941

Bucuresti

IonuÈ› MATEI

Mother of a victim killed by gunshot in Bucharest on the night of 23/24 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

30489/15

15/06/2015

Ioana BARBU

24/07/1948

Bucuresti

IonuÈ› MATEI

Mother of a victim killed by gunshot in Bucharest on 23 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

30493/15

15/06/2015

Ion BARBU

22/04/1943

Bucuresti

IonuÈ› MATEI

Father of a victim killed by gunshot in Bucharest on 23 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

30496/15

15/06/2015

Maria PETRE

09/08/1949

Bucuresti

IonuÈ› MATEI

Widow of a victim killed in a plane crash in Vișina , Dâmbovița, on 28 December 1989, linked to the military operations of December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

30501/15

15/06/2015

Adriana Alina ȘOROȘTINEAN

16/08/1981

Ciofliceni , jud . Ilfov

IonuÈ› MATEI

Daughter of a victim killed by gunshot in Bucharest on 23 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

30509/15

15/06/2015

Florica BALDOVIN

25/05/1929

Bucuresti

IonuÈ› MATEI

Mother of a victim killed by gunshot in Bucharest on 21 December 1989.

Party in domestic file no. 11/P/2014 (former 97/P/1990).

2, 6 § 1, 13

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MATEI v. ROMANIA and 31 other applications

MATEI v. ROMANIA and 31 other applications

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