ANAMARIA-LOREDANA ORASANU v. ROMANIA - 43629/13 (Judgment : Violation of Right to life - Effective investigation) (Procedural aspect)) [2017] ECHR 972 (07 November 2017)

ANAMARIA-LOREDANA ORASANU v. ROMANIA - 43629/13 (Judgment : Violation of Right to life - Effective investigation) (Procedural aspect)) [2017] ECHR 972 (07 November 2017)

The Court found that the Romanian authorities failed to conduct an effective investigation into the deaths and injuries resulting from the violent suppression of the December 1989 demonstrations, as required by the procedural limb of Article 2 of the Convention. The investigation was excessively lengthy, lacked involvement of victims or their relatives, and failed to provide adequate information about its progress. These procedural deficiencies constituted a violation of Article 2.

Citation
[2017] ECHR 972
Parties
Applicants: Anamaria-Loredana Orășanu and Others; Respondent: Romanian Government
Jurisdiction
European Union
Judgment Date
07 November 2017
Procedural Posture
Application to the European Court of Human Rights Under Article 34 of the Convention / Final Judgment
Outcome
Violation of Article 2 of the Convention (procedural limb) found; other complaints not examined; just satisfaction awarded for non-pecuniary damage; remainder of claims dismissed.
Legal Topics
Right to Life, Effective Investigation, Procedural Obligations Under Article 2, Excessive Length of Proceedings, Non Pecuniary Damages
Human Rights Law Criminal Procedure Right to Life Effective Investigation Procedural Obligations Under Article 2 Excessive Length of Proceedings Non Pecuniary Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 33 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Anamaria-Loredana Orășanu and Others

Applicants

Romanian Government

Respondent

Procedural Posture

Application to the European Court of Human Rights Under Article 34 of the Convention / Final Judgment

Legal Issues

  1. 1 Whether the Romanian authorities conducted an effective, impartial, and thorough investigation into the violent crackdown on the December 1989 demonstrations resulting in deaths and injuries
  2. 2 Whether the applicants had an effective remedy for their complaints under Articles 6 and 13 of the Convention

Ratio Decidendi

The Court found that the Romanian authorities failed to conduct an effective investigation into the deaths and injuries resulting from the violent suppression of the December 1989 demonstrations, as required by the procedural limb of Article 2 of the Convention. The investigation was excessively lengthy, lacked involvement of victims or their relatives, and failed to provide adequate information about its progress. These procedural deficiencies constituted a violation of Article 2.

Court Disposition

Violation of Article 2 of the Convention (procedural limb) found; other complaints not examined; just satisfaction awarded for non-pecuniary damage; remainder of claims dismissed.

Orders

  • Applications joined.
  • Applications declared admissible under Article 2.