Lexploria

Communicated on 14 February 2014

THIRD SECTION

Application no . 64625/13 Georgeta MARIN against Romania and 59 other applications (see list appended)

STATEMENT OF FACTS

THE FACTS

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. According to the power of attorney submitted in the case files, the applicants are all represented before the Court by Mr Ionuț Matei , lawyer practicing in Bucharest.

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.

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.

Many people, among which the applicants or their relatives, were killed or wounded by gunshot, were injured by the armed forces or were killed in a plane crash, 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”.

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

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).

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.

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.

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.

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 offences 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.

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.

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.

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.

These investigations are currently pending.

COMPLAINTS

1. 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 other cities of Romania.

2. 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.

3. Relying on Article 13 of the Convention, the applicants complain of the lack of an effective remedy in respect of the determination of their claims.

QUESTION S 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), was the investigation in the present cases by the domestic authorities in breach of Article 2 of the Convention?

2 . Having regard 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 case no. 64752/13 by the domestic authorities in breach of Article 3 of the Convention?

3 . 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?

4 . 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

nationality

Represented by

Particular circumstances of the application

Complaints to be communicated

64625/13

08/10/2013

Georgeta MARIN

02/02/1945

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64626/13

08/10/2013

Dorina BUCUR

28/04/1961

Popești-Leordeni

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64629/13

08/10/2013

Liliana MITU

24/10/1957

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64630/13

08/10/2013

Floarea VLAD

09/09/1954

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64631/13

08/10/2013

Elena-Alexandra SANDU

05/12/1989

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64632/13

08/10/2013

Aurelian MORĂRAȘ

29/11/1980

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64637/13

08/10/2013

Florica ILIE

20/04/1958

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64642/13

08/10/2013

Alexandru-Georgian ILIE

24/09/1989

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64655/13

08/10/2013

Niculae IONESCU

02/04/1932

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64663/13

08/10/2013

Roxana-Adina TOPRCEANU

12/02/1983

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64667/13

08/10/2013

Doina IONESCU

06/11/1984

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64674/13

08/10/2013

Monica Mihaela BENI

03/07/1979

Bucharest

Romanian

Ionu È› MATEI

Daughter of a victim killed by gunshot Bucharest on 26.12.1989.

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

2, 6 § 1, 13

64679/13

08/10/2013

Florența -Lidia VLAD

10/03/1978

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64680/13

08/10/2013

Florin- Vasile LUPU

18/12/1985

Bucharest

Romanian

Ionu È› MATEI

Son of a victim killed by gunshot Bucharest on 24.12.1989.

Party in domestic file no. 97/P/1990

2, 6 § 1, 13

64682/13

08/10/2013

Maria CONSTANTIN

14/03/1952

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64683/13

08/10/2013

Costel LUPU

13/11/1987

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64684/13

08/10/2013

Ionica -Lili IONICÄ‚

07/04/1979

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64688/13

08/10/2013

Mihai LUPU

21/11/1984

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64689/13

08/10/2013

Elena MORĂRAȘ

15/06/1959

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64691/13

08/10/2013

Alexandru-Cristian VLAD

11/02/1976

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64692/13

08/10/2013

Marius-Andrei MORĂRAȘ

22/10/1983

Bucharest

Romanian

Ionu È› MATEI

Son of a victim killed by gunshot in Bucharest on 22.12.1989

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

2, 6 § 1, 13

64693/13

08/10/2013

Aurica LUPU

02/07/1955

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64695/13

08/10/2013

Cosmin MORĂRAȘ

17/11/1979

Bucharest

Romanian

Ionu È› MATEI

Son of a victim killed by gunshot in Bucharest on 22.12.1989

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

2, 6 § 1, 13

64697/13

08/10/2013

Marius BUTNARU

15/08/1970

Bucharest

Romanian

Ionu È› MATEI

Son of a victim killed by gunshot Bucharest on 23.12.1989.

Party in domestic file no. 97/P/1990

2, 6 § 1, 13

64699/13

08/10/2013

Mihai Alexandru OPREA

27/10/1987

Bucharest

Romanian

Ionu È› MATEI

Son of a victim killed by gunshot in Bucharest on 22.12.1989

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

2, 6 § 1, 13

64701/13

08/10/2013

Zoica -Adriana BÄ‚LÄ‚LÄ‚U

27/05/1955

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64702/13

08/10/2013

Maria BUTNARU

30/10/1944

Bucharest

Romanian

Ionu È› MATEI

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

Party in domestic file no. 97/P/1990

2, 6 § 1, 13

64703/13

08/10/2013

Raluca Alexandra COVORAN

28/08/1970

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64704/13

08/10/2013

Constantina IONESCU

14/12/1938

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64706/13

08/10/2013

Ana SANDU

14/06/1957

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64709/13

08/10/2013

Andreea-Georgeta BÄ‚LÄ‚LÄ‚U

21/09/1983

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64710/13

08/10/2013

Bogdan- Costin BÄ‚LÄ‚LÄ‚U

02/12/1988

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64712/13

08/10/2013

Ionica CRÄ‚CIUN

15/10/1974

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64713/13

08/10/2013

Oliviu-Flaviu PETRE

15/07/1975

Bucharest

Romanian

Ionu È› MATEI

Son of a victim killed in a plane crash in ViÈ™ina , DâmboviÈ›a on 28.12.1989 , linked to the military operations of December 1989 .

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

2, 6 § 1, 13

64714/13

08/10/2013

Elisabeta TENTZER

30/06/1941

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64716/13

08/10/2013

Alexandru MICU

21/04/1987

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64717/13

08/10/2013

Felicia MÄ‚RÄ‚CINICÄ‚

03/05/1958

Bucharest

Romanian

Ionu È› MATEI

Widow o f a victim killed by gunshot in Ț ăndărei , Slobozia on 24.12.1989.

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

2, 6 § 1, 13

64719/13

08/10/2013

Carmen-Bianca BÄ‚LAN

23/08/1976

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64720/13

08/10/2013

Floarea CRESTEAZÄ‚

29/03/1936

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64721/13

08/10/2013

Mihai-Cosmin MOLDOVEANU

24/03/1980

Bucharest

Romanian

Ionu È› MATEI

Son of a victim killed in a plane crash in Vișina , Dâmbovița on 28.12.1989 , linked to the military operations of December 1989 .

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

2, 6 § 1, 13

64724/13

08/10/2013

Adrian-Nicolae BUCUR

16/10/1983

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64727/13

08/10/2013

Anișoara BORȘU

20/06/1950

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64729/13

08/10/2013

Camil-DragoÈ™ MOLDOVEANU

08/05/1986

Bucharest

Romanian

Ionu È› MATEI

Son of a victim killed in a plane crash in Vișina , Dâmbovița on 28.12.1989 , linked to the military operations of December 1989 .

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

2, 6 § 1, 13

64733/13

08/10/2013

Onița OLARU

01/06/1956

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64734/13

08/10/2013

Cristina GORNEANU

07/01/1932

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64738/13

08/10/2013

Camelia-Raluca OLARU

30/12/1983

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64742/13

08/10/2013

Iuliana -Cristina CRESTEAZÄ‚

14/10/1984

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64743/13

08/10/2013

Vasile OLTEANU

03/05/1942

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64745/13

08/10/2013

Ana Maria-Raluca BUCUR

12/08/1985

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64747/13

08/10/2013

Maria OLTEANU

28/08/1945

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64752/13

08/10/2013

Nicolae BÄ‚NUÈšOIU

07/06/1965

Bucharest

Romanian

Ionu È› MATEI

I njured in Bucharest on 21.12.1989, with supporting medical evidence .

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

3 , 6 § 1, 13

64756/13

08/10/2013

Elena Carmen RĂDUȚĂ

30/05/1987

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64757/13

08/10/2013

Maria MÄ‚NICÄ‚

30/07/1956

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64763/13

08/10/2013

Alina CONSTANTIN

24/06/1980

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64771/13

08/10/2013

Felicia LAMBERT

02/10/1952

Bucharest

Romanian

Ionu È› MATEI

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

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

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

2, 6 § 1, 13

64778/13

08/10/2013

Constantin LAMBERT

30/12/1948

Bucharest

Romanian

Ionu È› MATEI

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

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

2, 6 § 1, 13

64781/13

08/10/2013

Elena-Maria BÄ‚DULESCU

11/02/1950

Bucharest

Romanian

Ionu È› MATEI

Widow of a victim killed by gunshot Bucharest on 23.12.1989.

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

2, 6 § 1, 13

64783/13

08/10/2013

Florentina -Adriana RÄ‚UÈšU

27/06/1981

Bucharest

Romanian

Ionu È› MATEI

Daughter of a victim killed by gunshot Bucharest on 21.12.1989.

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

2, 6 § 1, 13

64788/13

08/10/2013

Leonardo Eugen SANDU

15/03/1978

Bucharest

Romanian

Ionu È› MATEI

Son of a victim killed by gunshot Bucharest on 22.12.1989.

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

2, 6 § 1, 13

64797/13

08/10/2013

Adriana MOISE

11/03/1982

Bucharest

Romanian

Ionu È› MATEI

Daughter of a victim killed by gunshot Bucharest on 22.12.1989.

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

2, 6 § 1, 13

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MARIN v. ROMANIA and 59 other applications

MARIN v. ROMANIA and 59 other applications

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