The Grand Chamber of the European Court of Human Rights issued its judgment in the case of Mocanu and others v. Romania on September 17. The ECtHR found Romania to be in violation of Articles 2, 3 and 6, after plaintiffs Anca Mocanu, Marin Stoica and the Association 21 December 1989 complained about the inefficiency of the internal investigation into the events that took place June 13 to 15, 1990.

This judgment joins three different complaints and provides redress for Mr. Stoica. The Court had previously decided in favor of the other two petitioners in 2012, but against Mr. Stoica, citing the statute of limitations for his case.

Taken off the street and beaten

Marin Stoica, a Romanian citizen born in 1948, was beaten and put in a coma on June 13, 1990, at the headquarters of TVR (a state-owned TV station). Mr. Stoica was heading to work when he was taken off the street, deprived of liberty for several hours and severely beaten. He woke up the next day at the hospital, where someone advised him to disappear so as not to be arrested along with other demonstrators. He fled because of this fear and didn’t leave his house for three months. The fear persisted and the beating caused serious long-term health effects, so Mr. Stoica filed a criminal complaint ten years later, in 2001, which is when the investigation finally started to move forward.

The prosecutor leading the investigation, Mr. Voinea, considered the case of Mr. Stoica, one of over a thousand victims, because his case offered sufficient evidence demonstrating both the beating and its lasting impact on his health. The investigation into the events, often called the "miners' raid" for the many miners who were bussed in from the hills to help put down the demonstration, would be slow and include many steps. Finally, after eight years of investigation, statements and medical examinations, the investigation was stopped by the Prosecutor's Office attached to the High Court of Cassation and Justice, and no one was charged.

When brought before the ECtHR, Mr. Stoica’s application was joined with two other cases relating to the demonstrations, that of Mrs. Mocanu, whose husband was killed during the events, and the Association 21 December 1989, which had its headquarters ravaged by miners. In the case, Mocanu and others v. Romania, the applicants complained about the lack of an effective, impartial and thorough identification and punishment of those responsible for the violent repression of demonstrations on June 13-14, 1990. Mr. Stoica’s complaint was based on Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights.

Referral to the Grand Chamber

In 2012 the ECtHR ruled in favor of Ms. Mocanu and the Association December 21, 1989, while Stoica lost because his complaint before national authorities was made too late. Diana-Olivia Hatneanu, the lawyer who represented Marin Stoica, requested that the case be referred to the Grand Chamber. The request was accepted and a public hearing took place on October 2, 2013. Since the referral request was made, Mr. Stoica was assisted by APADOR-CH.

"After today's decision of the Grand Chamber, which is final, Romania will be required to reopen the miners investigation. In relation to the deaths that occurred during those events, this obligation results from the fact that such crimes have no statute of limitations due to another ECtHR case, namely the 'Revolution case' [Association 21 December 1989 v. Romania]," said Ms. Hatneanu. "Now the state has to conduct an effective investigation, likely to result in the prosecution of the guilty and to shed light on the whole events of June 1990, not just in relation to the death that took place then, but also in relation to other acts of violence and deprivation of liberty. There should be no statute of limitation when talking about serious human rights violations."

"After 23 years of injustice in Romania, I feel content and I feel an improvement in my health, despite three injuries, because after seven years of court proceedings before the ECtHR, I managed to present myself in front of 17 judges sitting on the Grand Chamber and I think these judges from 17 countries have taken seriously this issue of mine," Marin Stoica said in response to the judgment. "I am proud to be Romanian and European and that the judges analyzed the events of June 13 to 15, 1990, which were a blow to the emerging Romanian democracy. Thanks APADOR-CH, who showed great professionalism and patience."