Online proceedings for the IRCT General Assembly and 10th International Scientific Symposium - Delivering on the Promise of the Right to Rehabilitation

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Time: 14:10 to 15:40 Download Poster

ICAR health reports as evidence in court: Impact on European Court of Human Rights

Presenter(s) and co-author(s): Dr. Camelia Doru ( ICAR Foundation - Romania ), Ms. Anca Bucur ( ICAR Foundation - Romania ), Mr. Octavian-George Doru ( ICAR Foundation - Romania ), Dr. Radu Teodorescu ( ICAR Foundation - Romania ), Mr. Ionut Matei , Mr. Antonie Popescu - Independent Human Rights Lawyer

Background

In 1989 Romanian went through a major violent political change causing many civilian victims: “more than 1,200 people died, more than 5,000 were injured and several thousand were unlawfully deprived of their liberty and subjected to ill treatment”. In 1994 the military prosecuting authorities decided not to institute criminal proceedings and closed the file. In 2004 at the request of the Association 21 December the case was reopened, again with no effects.
Association 21 December launched hundreds of files to ECHR.
ICAR foundation provided medical/psychological certificates to the applicants making the difference in the ECHR final decision

Methodology

At the requests of the lawyers of the Association 21 of December, the team of medical doctors and psychologists from ICAR conducted the health evaluation of the victims and their family members during 2008 and 2009. The focus was on detection of physical and psychological consequences of torture and other severe traumatic events of the period.
So far there are 3 big files (with 184 applicants) with final decisions of the ECHR
1. AFFAIRE ACATRINEI ET AUTRES c. ROUMANIE
2. AFFAIRE BOȘNIGEANU ET AUTRES c. ROUMANIE
3. AFFAIRE ALECU ET AUTRES c. ROUMANIE

Results

This paper will analyse the impact of the provision of the medico-legal health reports and their content on decisions reached by the ECHR. The processing of the data resulting from the ECHR's final decisions is ongoing and will be finalised by end 2015. Other three files communicated to the ECHR also include ICAR medico-legal health reports, the results of which will be analysed in a follow-up paper.

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