Lexploria

Communicated on 10 October 2014

THIRD SECTION

Application no . 24090/14 Dumitru ALEXOAIE against Romania and 78 other applications (see list appended)

STATEMENT OF FACTS

THE FACTS

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). 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, 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.

4 . 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”.

5 . Many victims were also killed or wounded 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 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. 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 favor of the prosecuting authorities at the High Court of Cassation and Justice.

14 . These investigations are currently pending.

COMPLAINTS

15 . 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.

16 . 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.

17 . 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

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

Particular circumstances of the application

24090/14

21/03/2014

Dumitru ALEXOAIE

03/10/1969

TimiÅŸoara

Romanian

Injured by gunshot in TimiÅŸoara on 17.12.1989, with supporting medical evidence.

Party in domestic file no. 97/P/1990.

24091/14

21/03/2014

Camelia ANDREI

07/04/1968

TimiÅŸoara

Romanian

Sister of a victim killed by gunshot in TimiÅŸoara on 17.12.1989.

Party in domestic file no. 97/P/1990.

24092/14

21/03/2014

Cristian Mihai APOSTOL

04/11/1971

Bucharest

Romanian

Son of a victim killed by gunshot in Bucharest on 24.12.1989.

Party in domestic file no. 97/P/1990.

24093/14

21/03/2014

Elena APOSTOL

12/09/1949

Măgurele , Teleorman County

Romanian

Widow of a victim killed by gunshot in Bucharest on 24.12.1989.

Party in domestic file no. 97/P/1990.

24094/14

21/03/2014

Vasile Marius APOSTOL

08/04/1974

Bucharest

Romanian

Son of a victim killed by gunshot in Bucharest on 24.12.1989.

Party in domestic file no. 97/P/1990.

24095/14

21/03/2014

Marilena BEJINAR

20/09/1968

Bucharest

Romanian

Widow of a victim killed by gunshot in Bucharest on 24.12.1989.

Party in domestic file no. 97/P/1990.

24098/14

21/03/2014

Liviu BLC

03/06/1970

Sînandrei , Timi ș County

Romanian

Injured by gunshot in TimiÅŸoara on 22.12.1989, with supporting medical evidence.

Party in domestic file no. 97/P/1990.

24100/14

21/03/2014

Ion Cătălin BOERESCU

05/10/1987

Bucharest

Romanian

Son of a victim killed by gunshot in Bucharest on 24.12.1989.

Party in domestic file no. 97/P/1990.

24101/14

21/03/2014

Daniela BALDOVIN

16/03/1989

Bucharest

Romanian

Daughter of a victim killed by gunshot in Bucharest on 21.12.1989.

Party in domestic file no. 97/P/1990.

24102/14

21/03/2014

Cristina Antoaneta BĂLAȘA

18/03/1974

Bucharest

Romanian

Daughter of a victim killed by gunshot in Bucharest on 26.12.1989.

Party in domestic file no. 97/P/1990.

24103/14

21/03/2014

Elisabeta BARBU

01/09/1933

Bucharest

Romanian

Mother of a victim killed by gunshot in Bucharest on 26.12.1989.

Party in domestic file no. 97/P/1990.

24104/14

21/03/2014

Maria BARA

17/07/1947

Bucharest

Romanian

Mother of a victim killed by gunshot in Bucharest on 21.12.1989.

Party in domestic file no. 97/P/1990.

24105/14

21/03/2014

Ioan BEJINAR

25/07/1990

Bucharest

Romanian

Son of a victim killed by gunshot in Bucharest on 24.12.1989.

Party in domestic file no. 97/P/1990.

24106/14

21/03/2014

Stan BURCIOAICA

01/03/1954

Bucharest

Romanian

Father of a victim killed by gunshot in Bucharest on 23.12.1989.

Party in domestic file no. 97/P/1990.

24108/14

21/03/2014

Elena Liliana BUTNARU

21/12/1982

Bucharest

Romanian

Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.

Party in domestic file no. 97/P/1990.

24110/14

21/03/2014

Mihai BUMBAR

29/11/1969

Ruscova , MaramureÈ™ County

Romanian

Injured by gunshot in TimiÅŸoara on 17.12.1989, with supporting medical evidence.

Party in domestic file no. 97/P/1990.

24111/14

21/03/2014

Nicu ș or CUCOȘ

20/05/1962

TimiÅŸoara

Romanian

Injured by gunshot in TimiÅŸoara on 17.12.1989, with supporting medical evidence.

Party in domestic file no. 97/P/1990.

24113/14

21/03/2014

Antoaneta DIMULESCU

02/07/1952

Bucharest

Romanian

Widow of a victim killed by gunshot in Bucharest on 26.12.1989.

Party in domestic file no. 97/P/1990.

24115/14

21/03/2014

Erika DRÄ‚GHICI

08/10/1968

TimiÅŸoara

Romanian

Injured by gunshot in TimiÅŸoara on 17.12.1989, with supporting medical evidence.

Party in domestic file no. 97/P/1990.

24116/14

21/03/2014

Marcel Constantin DRÄ‚GHICI 29/05/1965

TimiÅŸoara

Romanian

Injured by gunshot in TimiÅŸoara on 17.12.1989, with supporting medical evidence.

Party in domestic file no. 97/P/1990.

24118/14

21/03/2014

Ionela Gina DRULEA

04/11/1973

Bucharest

Romanian

Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.

Party in domestic file no. 97/P/1990.

24119/14

21/03/2014

Maria ENACHE

20/11/1946

Bucharest

Romanian

Mother of a victim killed by gunshot in Bucharest on 24.12.1989.

Party in domestic file no. 97/P/1990.

24121/14

21/03/2014

Traian CILIBEANU

01/05/1941

Bucharest

Romanian

Father of a victim killed by gunshot in Bucharest on 23.12.1989.

Party in domestic file no. 97/P/1990.

24124/14

21/03/2014

Dumitra IANCU

10/04/1953

Bucharest

Romanian

Widow of a victim killed by gunshot in Bucharest on 23.12.1989.

Party in domestic file no. 97/P/1990.

24125/14

21/03/2014

Elena ION

05/02/1955

Bucharest

Romanian

Widow of a victim killed by gunshot in Bucharest on 21.12.1989.

Party in domestic file no. 97/P/1990.

24127/14

21/03/2014

Florica IVAN

05/05/1948

Bucharest

Romanian

Mother of a victim killed by gunshot in Brașov on 23.12.1989.

Party in domestic file no. 97/P/1990.

24129/14

21/03/2014

Alexandru Eduard IonuÈ› IVAN

16/02/1988

Bucharest

Romanian

Son of a victim killed by gunshot in Brașov on 23.12.1989.

Party in domestic file no. 97/P/1990.

24130/14

21/03/2014

Andreea Elena ION

27/07/1989

Bucharest

Romanian

Daughter of a victim killed by gunshot in Bucharest on 21.12.1989.

Party in domestic file no. 97/P/1990.

24133/14

21/03/2014

Grigore Cristian C ÃŽ RLOVA

04/02/1972

Bucharest

Romanian

Injured by gunshot in Bucharest on 24.12.1989, with supporting medical evidence.

Party in domestic file no. 97/P/1990.

24136/14

21/03/2014

Georgeta Cristina IVAN

17/06/1970

Bucharest

Romanian

Widow of a victim killed by gunshot in Brașov on 23.12.1989.

Party in domestic file no. 97/P/1990.

24140/14

21/03/2014

Aisa Anastasia CARP

20/08/1988

Bucharest

Romanian

Daughter of a victim killed by gunshot in Bucharest on 22.12.1989.

Party in domestic file no. 97/P/1990.

24141/14

21/03/2014

Marius Constantin ION

30/11/1973

Bucharest

Romanian

Son of a victim killed by gunshot in Bucharest on 21.12.1989.

Party in domestic file no. 97/P/1990.

24146/14

21/03/2014

Dan FILIP FÃŽNTÃŽNARU

01/05/1975

Bucharest

Romanian

Son of a victim killed by gunshot in Bucharest on 24.12.1989.

Party in domestic file no. 97/P/1990.

24149/14

21/03/2014

Petra GHEORGHE

02/01/1952

Bucharest

Romanian

Widow of a victim killed by gunshot in Bucharest on 26.12.1989.

Party in domestic file no. 97/P/1990.

24152/14

21/03/2014

Gabriel Laurentiu GHEORGHE

19/12/1978

Bucharest

Romanian

Son of a victim killed by gunshot in Bucharest on 26.12.1989.

Party in domestic file no. 97/P/1990.

24155/14

21/03/2014

Andreea JULEA

14/01/1989

Bucharest

Romanian

Daughter of a victim killed by gunshot in Bucharest on 25.12.1989.

Party in domestic file no. 97/P/1990.

24156/14

21/03/2014

Valentin Mirel GHEORGHE

28/06/1972

Bucharest

Romanian

Son of a victim killed by gunshot in Bucharest on 26.12.1989.

Party in domestic file no. 97/P/1990.

24158/14

21/03/2014

Liliana JULEA

12/07/1987

Bucharest

Romanian

Daughter of a victim killed by gunshot in Bucharest on 25.12.1989.

Party in domestic file no. 97/P/1990.

24159/14

21/03/2014

Liliana Olga GRECU

04/09/1945

Bucharest

Romanian

Daughter of a victim killed by gunshot in Bucharest on 24.12.1989.

Party in domestic file no. 97/P/1990.

24160/14

21/03/2014

Ștefan Jenică KOPICUC

10/12/1977

Bucharest

Romanian

Son of a victim killed by gunshot in Bucharest on 22.12.1989.

Party in domestic file no. 97/P/1990.

24162/14

21/03/2014

Doinița GHERASIM

04/01/1966

TimiÅŸoara

Romanian

Injured by gunshot in TimiÅŸoara on 17.12.1989, with supporting medical evidence.

Party in domestic file no. 97/P/1990.

24165/14

21/03/2014

Victorița KOPICUC

28/03/1969

Bucharest

Romanian

Daughter of a victim killed by gunshot in Bucharest on 22.12.1989.

Party in domestic file no. 97/P/1990.

24168/14

21/03/2014

Stefan HORVATH

16/11/1967

TimiÅŸoara

Romanian

Injured by gunshot in TimiÅŸoara on 22.12.1989, with supporting medical evidence.

Party in domestic file no. 97/P/1990.

24170/14

21/03/2014

Anica KOPICUC

17/09/1948

Bucharest

Romanian

Widow of a victim killed by gunshot in Bucharest on 22.12.1989.

Party in domestic file no. 97/P/1990.

24173/14

21/03/2014

Lidia LAZÄ‚R

20/02/1969

TimiÅŸoara

Romanian

Injured by gunshot in TimiÅŸoara on 17.12.1989, with supporting medical evidence.

Party in domestic file no. 97/P/1990.

24174/14

21/03/2014

Voica HARALAMBIE

01/05/1937

Bucharest

Romanian

Mother of a victim killed by gunshot in Bucharest on 25 .12.1989.

Party in domestic file no. 97/P/1990.

24180/14

21/03/2014

George LACHE

30/04/1972

Bucharest

Romanian

Son of a victim killed by gunshot in Bucharest on 23.12.1989.

Party in domestic file no. 97/P/1990.

24181/14

21/03/2014

Nelu HALIP

02/09/1967

Săcălaz , Timiș County

Romanian

Injured by gunshot in TimiÅŸoara on 17.12.1989, with supporting medical evidence.

Party in domestic file no. 97/P/1990.

24185/14

21/03/2014

Constanța LACHE

02/06/1950

Bucharest

Romanian

Widow of a victim killed by gunshot in Bucharest on 23.12.1989.

Party in domestic file no. 97/P/1990.

24188/14

21/03/2014

Gheorghe LUNGU

26/06/1960

Timișoara

Romanian

Injured by gunshot in TimiÅŸoara on 22.12.1989, with supporting medical evidence.

Party in domestic file no. 97/P/1990.

24192/14

21/03/2014

Daniel Adrian LAZÄ‚R

02/03/1980

Bucharest

Romanian

Son of a victim killed by gunshot in Bucharest on 23.12.1989.

Party in domestic file no. 97/P/1990.

24194/14

21/03/2014

Viorel Marius LAZÄ‚R

21/05/1977

Bucharest

Romanian

Son of a victim killed by gunshot in Bucharest on 23.12.1989.

Party in domestic file no. 97/P/1990.

24196/14

21/03/2014

Ion LOVIN

16/06/1985

Bucharest

Romanian

Son of a victim killed by gunshot in Bucharest on 24.12.1989.

Party in domestic file no. 97/P/1990.

24200/14

21/03/2014

Manuel Virgil LOVIN

10/03/1983

Bucharest

Romanian

Son of a victim killed by gunshot in Bucharest on 24.12.1989.

Party in domestic file no. 97/P/1990.

24205/14

21/03/2014

Stelian LUCHESCU

06/02/1963

TimiÅŸoara

Romanian

Injured by gunshot in TimiÅŸoara on 17.12.1989, with supporting medical evidence.

Party in domestic file no. 97/P/1990.

24210/14

21/03/2014

Eugen MURARIU

19/10/1961

TimiÅŸoara

Romanian

Injured by gunshot in TimiÅŸoara on 17.12.1989, with supporting medical evidence.

Party in domestic file no. 97/P/1990.

24214/14

21/03/2014

Elena MÄ‚NESCU

12/12/1935

Bucharest

Romanian

Mother of a victim killed by gunshot in Bucharest on 23.12.1989.

Party in domestic file no. 97/P/1990.

24220/14

21/03/2014

Lucian Andrei MUREȘAN

30/12/1971

TimiÅŸoara

Romanian

Injured by gunshot in TimiÅŸoara on 17.12.1989, with supporting medical evidence.

Party in domestic file no. 97/P/1990.

24223/14

21/03/2014

Mircea NEDELCIU

01/02/1949

Bucharest

Romanian

Injured by gunshot in Bucharest on 23.12.1989, with supporting medical evidence.

Party in domestic file no. 97/P/1990.

24225/14

21/03/2014

Dan Ioan PAȘCA

29/08/1972

TimiÅŸoara

Romanian

Injured by gunshot in TimiÅŸoara on 17.12.1989, with supporting medical evidence.

Party in domestic file no. 97/P/1990.

24227/14

21/03/2014

Emilia PAȘAN

28/06/1977

Bucharest

Romanian

Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.

Party in domestic file no. 97/P/1990.

24230/14

21/03/2014

Elena POPESCU

04/08/1954

Bucharest

Romanian

Widow of a victim killed by gunshot in Bucharest on 26.12.1989.

Party in domestic file no. 97/P/1990.

24235/14

21/03/2014

Vasile STAN

14/01/1955

TimiÅŸoara

Romanian

Injured by gunshot in TimiÅŸoara on 17.12.1989, with supporting medical evidence.

Party in domestic file no. 97/P/1990.

24236/14

21/03/2014

Mihai Andrei POPESCU

04/10/1980

Bucharest

Romanian

Son of a victim killed by gunshot in Bucharest on 26.12.1989.

Party in domestic file no. 97/P/1990.

24238/14

21/03/2014

Zora STOIANOV

09/09/1973

TimiÅŸoara

Romanian

Injured by gunshot in TimiÅŸoara on 17.12.1989, with supporting medical evidence.

Party in domestic file no. 97/P/1990.

24240/14

21/03/2014

Ana Madalina POPESCU

28/06/1988

Bucharest

Romanian

Daughter of a victim killed by gunshot in Bucharest on 26.12.1989.

Party in domestic file no. 97/P/1990.

24242/14

21/03/2014

Ioana Valentina POSTELNICU

03/09/1984

Bucharest

Romanian

Daughter of a victim killed by gunshot in Bucharest on 26.12.1989.

Party in domestic file no. 97/P/1990.

24244/14

21/03/2014

Marcel SIDENCO

22/11/1970

Sant `Angelo Lodigiano , Italy

Romanian

Injured by gunshot in TimiÅŸoara on 17.12.1989, with supporting medical evidence.

Party in domestic file no. 97/P/1990.

24245/14

21/03/2014

Georgiana Mădălina POSTELNICU

01/09/1983

Bucharest

Romanian

Daughter of a victim killed by gunshot in Bucharest on 26.12.1989.

Party in domestic file no. 97/P/1990.

24247/14

21/03/2014

Viorica STOICA

31/07/1931

Bucharest

Romanian

Mother of a victim killed by gunshot in Bucharest on 22.12.1989.

Party in domestic file no. 97/P/1990.

24248/14

21/03/2014

Cristinela POSTELNICU

29/03/1965

Bucharest

Romanian

Widow of a victim killed by gunshot in Bucharest on 26.12.1989.

Party in domestic file no. 97/P/1990.

24250/14

21/03/2014

Oana Andreea Ș TEFĂNESCU

08/12/1975

Bucharest

Romanian

Daughter of a victim killed by gunshot in Bucharest on 26.12.1989.

Party in domestic file no. 97/P/1990.

24251/14

21/03/2014

Alexandra Daniela ROȘCA

07/12/1981

Bucharest

Romanian

Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.

Party in domestic file no. 97/P/1990.

24254/14

21/03/2014

Marius Cristian TEODORASC

15/08/1990

Bucharest

Romanian

Son of a victim killed by gunshot in Bucharest on 23.12.1989.

Party in domestic file no. 97/P/1990.

24258/14

21/03/2014

Elena Iulia UDUP

23/08/1980

Bucharest

Romanian

Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.

Party in domestic file no. 97/P/1990.

24259/14

21/03/2014

Florica ROȘCA

24/08/1961

Bucharest

Romanian

Widow of a victim killed by gunshot in Bucharest on 23.12.1989.

Party in domestic file no. 97/P/1990.

24260/14

21/03/2014

Irina Maria VITAN

04/03/1975

Bucharest

Romanian

Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.

Party in domestic file no. 97/P/1990.

24263/14

21/03/2014

Maria Mădălina ROȘCA

26/07/1988

Bucharest

Romanian

Daughter of a victim killed by gunshot in Bucharest on 23.12.1989.

Party in domestic file no. 97/P/1990.

24266/14

21/03/2014

Liviu Tit STOICA

17/12/1928

Bucharest

Romanian

Father of a victim killed by gunshot in Bucharest on 22.12.1989.

Party in domestic file no. 97/P/1990.

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ALEXOAIE v. ROMANIA

ALEXOAIE v. ROMANIA

LEXI