Macovei and others v Romania - 5048/02 [2011] ECHR 617 (10 March 2011)

Macovei and others v Romania - 5048/02 [2011] ECHR 617 (10 March 2011)

The authorities failed to conduct an effective investigation into the applicants’ credible allegations of ill-treatment, and at the material time, there was no right to appeal against the prosecutor’s decision to discontinue proceedings, constituting a procedural violation of Article 3.

Citation
[2011] ECHR 617
Parties
Applicants: Macovei and others; Respondent: Romania
Jurisdiction
European Union
Judgment Date
10 March 2011
Procedural Posture
Execution of Judgment / Post Judgment Supervision by Committee of Ministers
Outcome
Case closed; execution of judgment supervised and completed.
Legal Topics
Effective Investigation, Ill Treatment, Right to Appeal, Procedural Violation of Article 3
Human Rights Law Criminal Procedure Effective Investigation Ill Treatment Right to Appeal Procedural Violation of Article 3

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Parties

Macovei and others

Applicants

Romania

Respondent

Procedural Posture

Execution of Judgment / Post Judgment Supervision by Committee of Ministers

Legal Issues

  1. 1 Whether Romanian authorities conducted an effective investigation into applicants' allegations of ill-treatment
  2. 2 Whether the lack of appeal against the prosecutor's decision constituted a procedural violation of Article 3

Ratio Decidendi

The authorities failed to conduct an effective investigation into the applicants’ credible allegations of ill-treatment, and at the material time, there was no right to appeal against the prosecutor’s decision to discontinue proceedings, constituting a procedural violation of Article 3.

Court Disposition

Case closed; execution of judgment supervised and completed.

Orders

  • Payment of just satisfaction to applicants
  • No further individual measures required