A AND B v. ROMANIA - 48442/16 (Judgment : : Fourth Section) [2020] ECHR 374 (02 June 2020)

A AND B v. ROMANIA - 48442/16 (Judgment : : Fourth Section) [2020] ECHR 374 (02 June 2020)

The Court found that the applicants' complaints regarding the effectiveness of witness protection measures were admissible, as they had exhausted domestic remedies and did not abuse their right of application. The Court determined that the authorities failed to provide adequate and effective protection to the applicants, violating their right to life under Article 2 of the Convention.

Citation
[2020] ECHR 374
Parties
Applicant: Ms A; Applicant: Mr B; Respondent: Romanian Government
Jurisdiction
European Union
Judgment Date
02 June 2020
Procedural Posture
European Court of Human Rights Application / Final Judgment
Outcome
Violation of Article 2 of the Convention found
Legal Topics
Witness Protection, Right to Life, State Obligations, Effective Remedies
Human Rights Criminal Law Witness Protection Right to Life State Obligations Effective Remedies

Case Brief

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Parties

Ms A

Applicant

Mr B

Applicant

Romanian Government

Respondent

Procedural Posture

European Court of Human Rights Application / Final Judgment

Legal Issues

  1. 1 Whether the witness protection measures provided to the applicants were effective and sufficient under Article 2 of the Convention
  2. 2 Whether the applicants exhausted domestic remedies
  3. 3 Whether the applicants abused their right of application

Ratio Decidendi

The Court found that the applicants' complaints regarding the effectiveness of witness protection measures were admissible, as they had exhausted domestic remedies and did not abuse their right of application. The Court determined that the authorities failed to provide adequate and effective protection to the applicants, violating their right to life under Article 2 of the Convention.

Court Disposition

Violation of Article 2 of the Convention found

Orders

  • Romania to pay applicants compensation for non-pecuniary damage
  • Romania to ensure effective witness protection measures in future cases