Published on 19 June 2023

FOURTH SECTION

Application no. 64775/19 Paul Irinel CARP against Romania and 2 other applications (see list appended) communicated on 30 May 2023

SUBJECT MATTER OF THE CASE

The present applications pertain to the applicants’ conviction on account of their involvement in peaceful yet unsanctioned anti ‑ government demonstrations.

On 27 September 2017, 10 April 2018 and 31 July 2018 the applicants participated in public protest demonstrations in front of the Ministry of Internal Affairs and the Ministry of Justice to denounce the manner in which the Gendarmery ( Jandarmeria ) treated the peaceful participants at public gatherings. Each of the applicants was fined an approximate sum of 110 euros, under Article 26 (1) (d) of Law No. 60/1991, for participating in unauthorised demonstrations.

All applicants contested the decisions in court but only two of them achieved partial success when the courts commuted the fines to formal warnings, while still holding them guilty of participating in unsanctioned demonstrations (see dates of final court judgments in the Appendix).

The applicants complain under Articles 10 and 11 of the Convention, alleging a violation of their rights to freedom of speech and assembly.

QUESTION TO THE PARTIES

Has there been a violation of the applicants’ right to freedom of expression and/or freedom of assembly, contrary to Articles 10 and 11 of the Convention ( Brega and Others v. Moldova , no. 61485/08, 24 January 2012) on account of their convictions?

The Government are invited to submit full copies of the case-files in the domestic proceedings.

APPENDIX

List of applications

No.

Application no. Case name Introduction date

Applicant’s name Year of birth Place of residence Nationality

Date of final domestic judgment

Representative’s name Location

1.

64775/19 Carp v. Romania 04/12/2019

Paul Irinel CARP 1985 Blăgești Romanian

4 June 2019

Ionuț-Răzvan GHEORGHE Buzau

2.

1981/20 Moroșanu Tivilic v. Romania 10/12/2019

Marian MOROȘANU-TIVILIC 1968 Bucuresti Romanian

23 May 2019 (communicated on 10 June 2019)

Ionuț-Răzvan GHEORGHE Buzau

3.

1998/20 Stoiciu v. Romania 10/12/2019

Cătălin STOICIU 1985 Manolache Romanian

14 May 2019 (communicated on 13 June 2019)

Ionuț-Răzvan GHEORGHE Buzau