Here’s a breakdown of the Mariana Popa and Others v. Romania decision:
1. **Essence of the Decision:**
The European Court of Human Rights (ECtHR) found Romania in violation of Article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms due to the ineffectiveness of the criminal investigation into the deaths and injuries that occurred during the December 1989 demonstrations. The applicants, who were either injured or are relatives of those killed, complained about the lack of progress in identifying and punishing those responsible. The Court emphasized that the investigation, initiated in 1990, has been excessively long and has not met the required standards of diligence and effectiveness. Consequently, the applicants were deprived of an effective investigation into their cases. The Court awarded the applicants compensation for non-pecuniary damage and, in some cases, for legal costs.
2. **Structure and Main Provisions:**
* **Subject Matter of the Case:** The decision addresses the complaints of individuals injured or families of those killed during the December 1989 Romanian Revolution.
* **Complaints:** The applicants primarily relied on Article 2 (right to life) regarding the ineffective investigation. Some also raised concerns under Article 6 § 1 (right to a fair trial within a reasonable time) and Article 13 (right to an effective remedy).
* **Court’s Assessment:**
* The Court joined the applications due to their similar subject matter.
* It dismissed the Government’s preliminary objection regarding the applicants’ victim status.
* The Court declared the complaints concerning Article 2 admissible.
* It found a violation of Article 2 due to the lack of an effective investigation.
* It deemed it unnecessary to examine the complaints under Article 6 § 1 and Article 13, given the finding under Article 2.
* **Application of Article 41:** The Court awarded compensation to the applicants for non-pecuniary damage and legal costs.
3. **Main Provisions for Use:**
* **Violation of Article 2 (procedural limb):** The core finding is that Romania failed to conduct an effective criminal investigation into the deaths and injuries from the 1989 Revolution. This highlights the State’s obligation to thoroughly investigate cases of death or serious injury, especially when State agents may be implicated.
* **Length of Investigation:** The Court stressed that the 34-year duration of the investigation, with little progress, is unacceptable. This underscores the requirement for investigations to be conducted with reasonable expedition.
* **Victim Status:** The Court reiterated that merely initiating an investigation does not deprive applicants of victim status if the investigation is ineffective and does not provide redress.
* **Compensation:** The decision sets a precedent for awarding compensation for the distress and frustration caused by ineffective investigations into serious human rights violations.
**** This decision is particularly relevant for Ukraine, as it highlights the importance of conducting thorough and timely investigations into alleged human rights violations, especially in the context of ongoing or past conflicts. The principles outlined in this judgment can be used to assess the effectiveness of investigations into conflict-related deaths and injuries and to advocate for the rights of victims and their families to receive justice and redress.
