CEDH · CASELAW;COMMUNICATEDCASES;ENG — 14 février 2014

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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. 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 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, Timişoara, Oradea, Constanţa, Craiova, Bacău, Târgu Mureş 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 Timişoara and Cluj ‑ Napoca, the investigations culminated in transfer to the courts and the conviction of certain senior military officers (regarding the repression in Timişoara from 17 to 22 December 1989, see the case of Ş 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 Ceauşescu, 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 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 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 Represented by Particular circumstances of the application Complaints to be communicated   43624/13 28/06/2013 Angela ȚINTARU 18/10/1969 Timişoara Romanian Ionuț 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 Ionuț 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 Ionuț 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 Ionuț 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 Ionuț 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 Ionuț 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 Ionuț 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 Cioponești, Vâlcea County Romanian Ionuț 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 Ionuț MATEI Son 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   43682/13 28/06/2013 Alexandra Ioana BENDORFEAN 21/12/1988 Cioponești, Vâlcea County Romanian Ionuț 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   43688/13 28/06/2013 Larisa Diana BELICI 12/10/1988 Timișoara Romanian Ionuț 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, Timiș County Romanian Ionuț 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 Ionuț 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 Ionuț 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 Ionuț 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 Ionuț 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, Timiș County Romanian Ionuț 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 Ionuț 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 RĂDULESCU 02/07/1948 Bucharest Romanian Ionuț 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 Ionuț 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 Ionuț 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 Ionuț MATEI Injured by gunshot in Bucharest on 22 December 1989. By minutes of 13 January 1990, the public prosecutor took note 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 Ionuț 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 PĂUNOIU 15/07/1968 Bucharest Romanian Ionuț 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 PĂUNOIU 03/09/1970 Bucharest Romanian Ionuț 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 Ionuț 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 Ionuț 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 Ionuț 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, Timiș County Romanian Ionuț 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 BĂRBAT 06/10/1937 Orșova Romanian Ionuț 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 Ionuț 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 BĂRBAT 15/06/1977 Timișoara Romanian Ionuț 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 Ionuț 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 Ionuț 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, Timiș County Romanian Ionuț 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, Timiș County Romanian Ionuț 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 Ionuț 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 Ionuț 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 Ionuț 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 Ionuț 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 Ionuț 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 Ionuț 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 Ionuț 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, Timiș County Romanian Ionuț 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 GÎRJOABĂ 30/12/1963 Timișoara Romanian Ionuț 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 GÎRJOABĂ 24/12/1947 Timișoara Romanian Ionuț 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 GÎRJOABĂ 01/08/1941 Timișoara Romanian Ionuț 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 GÎRJOABĂ 13/03/1987 Timișoara Romanian Ionuț 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 Ionuț 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, Timiș County Romanian Ionuț 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 Ionuț 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 Ionuț 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 Ionuț 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 Ionuț 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 MĂRĂCINICĂ 07/02/1989 Bucharest Romanian Ionuț MATEI Son of a victim killed by gunshot in Slobozia on 24 December 1989, following a refusal to stop the car for a military check. Party in domestic file no. 97/P/1990. 2, 6 § 1, 13   64661/13 08/10/2013 Cornel MĂRĂCINICĂ 10/10/1977 Bucharest Romanian Ionuț MATEI Son of a victim killed by gunshot in Slobozia on 24 December 1989, following a refusal to stop 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 Ionuț 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 Ionuț 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 Ionuț 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 Ionuț 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