Poor, discriminatory and ineffective investigations of maltreatment from the authorities are degrading treatment.
JUDGMENT
Romanescu v. Romania 16-5-2017 (no. 78375/11)
SUMMARY
Inhuman and degrading treatment of prisoners. Ineffective research. Condemnation of Romania. The applicant complained that he had been ill-treated for as long as he was illegally detained after the Romanian Revolution of December 1989. Despite the long-standing investigation of the authorities, no one was accused for the incident. Incomplete, discriminatory and ineffective investigation by Romanian police and judicial authorities.
PROVISION
Article 3
PRINCIPAL FACTS
The applicant, Marian Romanescu, is a Romanian national who was born in 1948 and lives in Bucharest. He complained of being ill-treated whilst held in illegal detention following the Romanian revolution of December 1989. At the time, Mr Romanescu was an officer of the Romanian State security forces (“Securitate”). Following the uprising, he was held in detention: first by army forces between 22 December and 23 December 1989, and then by the unit’s commander from 25 December 1989 to 2 February 1990. During this time he was subjected to ill-treatment and consequently suffered from depression. Despite a long-running criminal investigation, no individuals were ever charged in relation to the incident. Relying in particular on Article 3 (prohibition of inhuman or degrading treatment), Mr Romanescu complained that there had been no effective, impartial and thorough investigation capable of leading to the punishment of those responsible for the harm he had suffered.
THE DECISION OF THE COURT
Violation of Article 3 (investigation)
Just satisfaction: EUR 7,500 (non-pecuniary damage)
