Lexploria

Communicated on 14 February 2014

THIRD SECTION

Application no. 43624/13 Angela ÈšINTARU against Romania and 59 other applications (see list appended)

STATEMENT OF 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. T he 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, o n 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 Govern ment 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 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 Co de), 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.

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 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 .

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 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), was the investigation in the present case s by the domestic authorities in breach of Article 2 of the Convention?

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

3 . Did the applicant s have at their disposal an effective domestic remedy for the determination of their complain ts under Article 2 of the Convention , as required by Article 13 of the Convention?

APPENDIX

No.

Application no. and date of introduction

Applicant name

D ate of birth

P lace of residence

N ationality

Represented by

Particular circumstances of the application

C omplaints to be communicated

43624/13

28/06/2013

Angela ÈšINTARU

18/10/1969

TimiÅŸoara

Romanian

IonuÈ› MATEI

Widow of a victim killed by gunshot in Timișoara on 17 December 1989.

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

2, 6 § 1, 13

43626/13

28/06/2013

Ecaterina MIREA

07/01/1938

Bucharest

Romanian

IonuÈ› MATEI

Mother of a victim shot in Bucharest on 21 December 1989 and deceased on 25 December 1989.

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

2, 6 § 1, 13

43629/13

28/06/2013

Anamaria Loredana ORĂȘANU

30/10/1988

Craiova

Romanian

IonuÈ› MATEI

Daughter of a victim killed by gunshot in Craiova on 26/27 December 1989.

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

2, 6 § 1, 13

43637/13

28/06/2013

Veronica ORĂȘANU

10/07/1968

Craiova

Romanian

IonuÈ› MATEI

Widow of a victim killed by gunshot in Craiova on 26/27 December 1989.

Injured by gunshot in Craiova on the same date and in the same circumstances.

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

2, 6 § 1, 13

43644/13

28/06/2013

Livia DIMA

04/12/1941

Bucharest

Romanian

IonuÈ› MATEI

Mother of a victim shot in Bucharest on 23 December 1989 and deceased on 26 December 1989.

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

2, 6 § 1, 13

43652/13

28/06/2013

Elena COMAN

15/11/1980

Bucharest

Romanian

IonuÈ› MATEI

Daughter of a victim shot in Bucharest on 21 December 1989 and deceased on 24 December 1989.

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

2, 6 § 1, 13

43663/13

28/06/2013

Maria CIUNGAN

25/01/1928

Bucharest

Romanian

IonuÈ› MATEI

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

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

2, 6 § 1, 13

43666/13

28/06/2013

Maria BENDORFEAN

01/08/1961

Ciopone ști, Vâlcea County

Romanian

IonuÈ› MATEI

Widow of a victim shot in Bucharest on 21 December 1989 and deceased on 24 December 1989.

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

2, 6 § 1, 13

43674/13

28/06/2013

Dumitru Ilie BENDORFEAN

26/05/1979

Rupturile , Dolj County

Romanian

IonuÈ› MATEI

Son of a victim shot in Bucharest on 21 December 1989 an d deceased on 24 December 1989.

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

2, 6 § 1, 13

43682/13

28/06/2013

Alexandra Ioana BENDORFEAN

21/12/1988

Ciopone ști, Vâlcea County

Romanian

IonuÈ› MATEI

Daughter of a victim shot in Bucharest on 21 December 1989 an d deceased on 24 December 1989.

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

2, 6 § 1, 13

43688/13

28/06/2013

Larisa Diana BELICI

12/10/1988

Timișoara

Romanian

IonuÈ› MATEI

Daughter of a victim killed by gunshot in Timișoara on 18 December 1989.

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

2, 6 § 1, 13

43747/13

28/06/2013

Ion BELICI

10/04/1940

Jebel, TimiÈ™ County

Romanian

IonuÈ› MATEI

Father of a victim killed by gunshot in Timișoara on 18 December 1989.

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

2, 6 § 1, 13

43754/13

28/06/2013

Alina Andreea MANEA

15/09/1986

Bucharest

Romanian

IonuÈ› MATEI

Daughter of a victim killed by gunshot in Bucharest on 25 December 1989.

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

2, 6 § 1, 13

43759/13

28/06/2013

David Ilie LEIA

20/07/1948

Jam, Hunedoara County

Romanian

IonuÈ› MATEI

Father of a victim killed by gunshot in Timișoara on 18 December 1989.

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

2, 6 § 1, 13

43766/13

28/06/2013

Ecaterina AMBRUS

21/06/1937

Craiova

Romanian

IonuÈ› MATEI

Mother of a victim killed by gunshot in Craiova on 24 December 1989.

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

2, 6 § 1, 13

43778/13

28/06/2013

Daniel MIRCIA

01/04/1978

Timișoara

Romanian

IonuÈ› MATEI

Son of a victim killed by gunshot in Timișoara on 23 December 1989.

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

2, 6 § 1, 13

43788/13

28/06/2013

Iosefa MIRCEA

21/07/1968

Sinandrei , TimiÈ™ County

Romanian

IonuÈ› MATEI

Daughter of a victim killed by gunshot in Timișoara on 25 December 1989.

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

2, 6 § 1, 13

43792/13

28/06/2013

Mihaela Emilia MIRCIA

04/10/1974

Timișoara

Romanian

IonuÈ› MATEI

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

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

2, 6 § 1, 13

43803/13

28/06/2013

Georgeta RÄ‚DULESCU

02/07/1948

Bucharest

Romanian

IonuÈ› MATEI

Mother of a victim shot in Bucharest on 23 December 1989 and deceased on 24 December 1989.

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

2, 6 § 1, 13

43810/13

28/06/2013

Natalia BELICI

01/08/1965

Timișoara

Romanian

IonuÈ› MATEI

Widow of a victim killed by gunshot in Timișoara on 18 December 1989.

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

2, 6 § 1, 13

43816/13

28/06/2013

Ramona Dorina FEȘIU

09/04/1978

Timișoara

Romanian

IonuÈ› MATEI

Daughter of a victim killed by gunshot in Timișoara on 17 December 1989 and deceased on 1 January 1990.

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

2, 6 § 1, 13

43824/13

28/06/2013

Ana PAVEL

27/09/1974

Bucharest

Romanian

IonuÈ› MATEI

Injured by gunshot in Bucharest on 22 December 1989. By minutes of 13 January 1990, the public prosecutor took not e of the applicant ’ s situation.

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

2, 6 § 1, 13

43829/13

28/06/2013

Maria PAUNOIU

02/12/1946

Bucharest

Romanian

IonuÈ› MATEI

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

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

2, 6 § 1, 13

43834/13

28/06/2013

Georgiana Andreea PÄ‚UNOIU

15/07/1968

Bucharest

Romanian

IonuÈ› MATEI

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

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

2, 6 § 1, 13

43840/13

28/06/2013

Sebastian Silviu PÄ‚UNOIU

03/09/1970

Bucharest

Romanian

IonuÈ› MATEI

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

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

2, 6 § 1, 13

43852/13

28/06/2013

Emilia ISFAN

04/07/1936

Timișoara

Romanian

IonuÈ› MATEI

Mother of a victim shot in Timișoara on 17 December 1989 and deceased on 1 January 1990.

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

2, 6 § 1, 13

43870/13

28/06/2013

Virgil Ștefan ORĂȘANU

27/12/1989

Craiova

Romanian

IonuÈ› MATEI

The applicant is the son of a victim killed by gunshot in Craiova on 26/27 December 1989. The applicant is a person with severe disability, born on the same night that his father was killed by gunshot and his mother, pregnant at the time, was injured by gunshot.

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

2, 6 § 1, 13

43871/13

28/06/2013

Lucian Daniel ORĂȘANU

07/11/1987

Craiova

Romanian

IonuÈ› MATEI

Son of a victim killed by gunshot in Craiova on 26/27 December 1989.

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

2, 6 § 1, 13

43872/13

28/06/2013

Ana BELICI

05/02/1948

Jebel, TimiÈ™ County

Romanian

IonuÈ› MATEI

Mother of a victim killed by gunshot in Timișoara on 18 December 1989.

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

2, 6 § 1, 13

43874/13

28/06/2013

Vasile BÄ‚RBAT

06/10/1937

Orșova

Romanian

IonuÈ› MATEI

Widower of a victim killed by gunshot in Timișoara on 17 December 1989.

Injured by gunshot in Timișoara on the same date and in the same circumstances.

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

2, 6 § 1, 13

43875/13

28/06/2013

Angelica Dacia DAMIAN

03/11/1968

Timișoara

Romanian

IonuÈ› MATEI

Daughter of a victim killed by gunshot in Timișoara on 17 December 1989.

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

2, 6 § 1, 13

43877/13

28/06/2013

Ioana Daniela BÄ‚RBAT

15/06/1977

Timișoara

Romanian

IonuÈ› MATEI

Daughter of a victim killed by gunshot in Timișoara on 17 December 1989.

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

2, 6 § 1, 13

43878/13

28/06/2013

Nechifora TIAN

20/06/1941

Bucharest

Romanian

IonuÈ› MATEI

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

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

2, 6 § 1, 13

43881/13

28/06/2013

Iosif Florian SAVA

20/06/1976

Timișoara

Romanian

IonuÈ› MATEI

Son of a victim shot in Timișoara on 17 December 1989 and deceased on 1 January 1990.

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

2, 6 § 1, 13

43882/13

28/06/2013

Iosif SAVA

05/09/1955

Utvin , TimiÈ™ County

Romanian

IonuÈ› MATEI

Widower of a victim shot in Timișoara on 17 December 1989 and deceased on 1 January 1990.

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

2, 6 § 1, 13

43886/13

28/06/2013

Veronica SAVIN

02/05/1963

Sinandrei , TimiÈ™ County

Romanian

IonuÈ› MATEI

Daughter of a victim killed by gunshot in Timișoara on 25 December 1989.

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

2, 6 § 1, 13

43889/13

28/06/2013

Roxana Elena OPRE

23/07/1987

Timișoara

Romanian

IonuÈ› MATEI

Daughter of a victim killed by gunshot in Timișoara on 17 December 1989.

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

2, 6 § 1, 13

43891/13

28/06/2013

Gabriel Ciprian OPRE

30/06/1983

Timișoara

Romanian

IonuÈ› MATEI

Son of a victim killed by gunshot in Timișoara on 17 December 1989.

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

2, 6 § 1, 13

43894/13

28/06/2013

Angelica OPRE

16/08/1958

Timișoara

Romanian

IonuÈ› MATEI

Widow of a victim killed by gunshot in Timișoara on 17 December 1989.

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

2, 6 § 1, 13

43899/13

28/06/2013

Florea IORDAN

03/07/1939

Dumbrăvița , Timiș County

Romanian

IonuÈ› MATEI

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

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

2, 6 § 1, 13

43903/13

28/06/2013

Veronica IORDAN

22/06/1944

Dumbrăvița , Timiș County

Romanian

IonuÈ› MATEI

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

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

2, 6 § 1, 13

43907/13

28/06/2013

Elena JUBEA

01/03/1934

Timișoara

Romanian

IonuÈ› MATEI

Mother of a victim killed by gunshot in Timișoara on 24 December 1989.

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

2, 6 § 1, 13

43912/13

28/06/2013

Marilena Lucia MANEA

11/06/1967

Bucharest

Romanian

IonuÈ› MATEI

Widow of a victim killed by gunshot in Bucharest on 25 December 1989.

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

2, 6 § 1, 13

43917/13

28/06/2013

Paul FLUERAN

16/03/1962

Sinandrei , TimiÈ™ County

Romanian

IonuÈ› MATEI

Son of a victim killed by gunshot in Timișoara on 25 December 1989.

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

2, 6 § 1, 13

43920/13

28/06/2013

Valeria GÃŽRJOABÄ‚

30/12/1963

Timișoara

Romanian

IonuÈ› MATEI

Widow of a victim killed by gunshot in Timișoara on 17 December 1989.

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

2, 6 § 1, 13

43923/13

28/06/2013

Maria GÃŽRJOABÄ‚

24/12/1947

Timișoara

Romanian

IonuÈ› MATEI

Mother of a victim killed by gunshot in Timișoara on 17 December 1989.

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

2, 6 § 1, 13

43926/13

28/06/2013

Constantin GÃŽRJOABÄ‚

01/08/1941

Timișoara

Romanian

IonuÈ› MATEI

Father of a victim killed by gunshot in Timișoara on 17 December 1989.

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

2, 6 § 1, 13

43932/13

28/06/2013

Dumitru Dan GÃŽRJOABÄ‚

13/03/1987

Timișoara

Romanian

IonuÈ› MATEI

Son of a victim killed by gunshot in Timișoara on 17 December 1989.

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

2, 6 § 1, 13

43937/13

28/06/2013

Maria DRAGU

11/03/1968

Craiova

Romanian

IonuÈ› MATEI

Daughter of a victim shot in Craiova on 23 December 1989 and deceased on 24 December 1989.

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

2, 6 § 1, 13

43942/13

28/06/2013

Anica IOSUB

10/07/1937

Chisoda , TimiÈ™ County

Romanian

IonuÈ› MATEI

Mother of a victim killed by gunshot in Timișoara on 17 December 1989.

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

2, 6 § 1, 13

64622/13

08/10/2013

Cătălin Florian BĂLAN

03/08/1974

Bucharest

Romanian

IonuÈ› MATEI

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

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

2, 6 § 1, 13

64623/13

08/10/2013

Maria FLORESCU

05/10/1936

Bucharest

Romanian

IonuÈ› MATEI

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

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

2, 6 § 1, 13

64646/13

08/10/2013

Ioan BUCȘA

31/07/1925

Bucharest

Romanian

IonuÈ› MATEI

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

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

2, 6 § 1, 13

64650/13

08/10/2013

Vetuța Claudia SANDU

02/05/1973

Bucharest

Romanian

IonuÈ› MATEI

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

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

2, 6 § 1, 13

64654/13

08/10/2013

Mihai Cosmin MÄ‚RÄ‚CINICÄ‚

07/02/1989

Bucharest

Romanian

IonuÈ› MATEI

Son of a victim killed by gunshot in Slobozia on 24 December 1989, following a refusal to sto p the car for a military check.

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

2, 6 § 1, 13

64661/13

08/10/2013

Cornel MÄ‚RÄ‚CINICÄ‚

10/10/1977

Bucharest

Romanian

IonuÈ› MATEI

Son of a victim killed by gunshot in Slobozia on 24 December 1989, following a refusal to sto p the car for a military check.

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

2, 6 § 1, 13

64664/13

08/10/2013

Maria OPREA

10/06/1963

Bucharest

Romanian

IonuÈ› MATEI

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

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

2, 6 § 1, 13

64669/13

08/10/2013

Gheorghe OPREA

13/08/1932

Bucharest

Romanian

IonuÈ› MATEI

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

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

2, 6 § 1, 13

64672/13

08/10/2013

Dobrin CONSTANTIN

09/09/1976

Bucharest

Romanian

IonuÈ› MATEI

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

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

2, 6 § 1, 13

64676/13

08/10/2013

Cristina CONSTANTIN

27/07/1987

Bucharest

Romanian

IonuÈ› MATEI

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

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

2, 6 § 1, 13

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TINTARU v. ROMANIA and 59 other applications

TINTARU v. ROMANIA and 59 other applications

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