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ECHR Rules Against Romania On Two Counts Of Police Brutality, Unlawful Inquiry

The European Court for Human Rights (ECHR) ruled in favor of the plaintiffs in a case where two Romanian citizens were detained by police and arrested illegally.
ECHR Rules Against Romania On Two Counts Of Police Brutality, Unlawful Inquiry
26 mai 2009, 18:52, English

The Association for the Defense of Human Rights in Romania – the Helsinki Committee (APADOR-CH) informed in a press release issued Tuesday that ECHR magistrates ruled against the Romania states in the cases Damian vs. Burueana and Damian vs. Romania, for inhumane treatment and inefficient investigation and trial.

The plaintiffs, according to APADOR-CH, notified the ECHR on the fact that, on January 29, 1995, they were picked up by police in Romanian locality Novaci, and taken to the police station where they were assaulted by multiple officers.

The two were charged with peddling products imported from Germany, according to the ECHR decision, presented APADOR-CH.

On the same day, the plaintiffs were taken to the Turceni police station. On the night of January 29, 1995, police performed a search in the home of the second plaintiff, without holding a warrant issued by a prosecutor, according to the quoted source.

The plaintiffs also showed they were placed under preventive arrest in an illegal fashion and the challenge issued by the second plaintiff against the unlawful arrest was not tried in an adequate timeframe. The inquiry conducted by the Romanian police officers concluded later with a ruling to discontinue criminal investigations.

The ECHR decided Tuesday that the plaintiffs received inhumane treatment from the officers and that the Government did not manage to prove the use of force as necessary or determined by the conduct of the two. In addition, the court pointed to the inefficiency of the inquiry conducted by Romanian authorities, according to APADOR-CH.

The court also said the interval over which this case was tried (eight years) went beyond the reasonable limits stipulated in the European Convention, as it was twice sent back to lower courts for retrial. The ECHR dubbed unlawful the search conducted in one of the plaintiff’s homes, since it was performed in lack of a court issued warrant and beyond the possibility of challenge.

The European court estimates the plaintiffs could receive EUR15,000 each in moral damages.