The Miners’ Raid of June 1990 and the Questionable Execution of the Judgment in the Case of Mocanu and Others v. Romania

By Monica Pirvulescu

On 17 September 2014, the Grand Chamber of the European Court of Human Rights (“ECtHR”) delivered its final judgment in the Case of Mocanu and Others v. Romania (“the Case of Mocanu”). The ECtHR found a breach of the procedural aspects of Article 2 (right to life) and Article 3 (prohibition of torture) in the European Convention of Human Rights (“ECHR”) for lack of an effective investigation, and a violation of Article 6 § 1 (right to a fair trial) for the excessive length of the impugned proceedings. The Case of Mocanu concerned the flaws and delays in the domestic investigations that followed the violent crackdown of the anti-government demonstrations which had taken place in Bucharest in June 1990 (events known as the Miners’ Raid because of the implication of mineworkers in the suppression of the protests). The final judgment in the Case of Mocanu (“the Judgment”) was seen by the victims of the Miners’ Raids and by the Romanian society, in general, as a big victory of European justice and as a hope that those responsible for the violent events of June 1990 would be soon identified and punished. However, today, almost six years since the delivery of the Judgment and two years since the resolution of the Committee of Ministers (Resolution CM/ResDH(2018)229) closed the execution in the Case of Mocanu, the domestic proceedings regarding the investigation of the Miners’ Raids of June 1990 seem still far from being finalized. Continue reading

Mocanu v. Romania: do large-scale human rights violations justify only a mild admissibility test?

This guest post was written by Helena De Vylder, Ph.D. researcher at the Human Rights Centre of Ghent University. Her research focuses on admissibility criteria in regional human rights systems.

Mocanu and others v Romania fits in a series of cases in which the Strasbourg Court needed to deal with grave and large-scale human rights violations, happening before the entry into force of the Convention. The events happening before the entry into force are undoubtedly not subject to the temporal jurisdiction of the Convention. The admissibility of complaints concerning the investigative measures and proceedings after the coming into force in the contrast has been accepted by recent case law (and here). Mocanu further refines this case law by dealing with particular circumstances.

In this case, the Court had to deal with the investigation and the length of proceedings which followed the violent crackdown on anti-government demonstrations in Bucharest in June 1990. During the crackdown, Ms Mocanu’s husband – the first applicant’s husband – was killed by gunfire and Mr Stoica – the second applicant – was arrested and ill-treated by the police. The criminal proceedings are still pending in respect of the first applicant. The relevant investigation in respect of the second applicant was terminated by a final judgment in 2011. The applicants claim the proceedings did not live up to the standards put forward by the procedural aspect of article 2 and 3.

In contrast to the merits, the admissibility of the case is less straightforward. The admissibility issues relate to the jurisdiction ratione temporis and the exhaustion of domestic remedies. Continue reading