Logo law and pluralism
Logo Università Bicocca

Mocanu and Others v. Romania, Nos. 10865/09, 45886/07, 32431/08, ECtHR (Grand Chamber), 17 September 2014

Abstract

Use of force by police officers during a political demonstration. Right to life and prohibition inhumane and degrading treatment. Freedom of assembly. Re-establishment of public order. Effective investigations. 

Normative references

Art. 2 ECHR
Art. 3 ECHR

Ruling

The Court determined that there had been a violation of the procedural dimensions of Article 2 and Article 3 ECHR as far as the use of force during a demonstration against the Romanian government in 1990 was concerned. In this circumstance, the police and the army shot to death several demonstrators and injured others. The investigation had been entrusted to a military prosecutor who had a hierarchical relationship with the accused.