Incidenţa dreptului european al drepturilor omului asupra instituţiei juridice a morţii suspecte în contextul justiţiei de tranziţie

CĂTĂLIN-NICOLAE CONSTANTINESCU

Consilier juridic - Institutul de Investigare a Crimelor Comunismului şi Memoria Exilului Românesc

ABSTRACT

Suspicious death is one of the key legal institutions on the right to life. This study aims to present the concept of suspicious death in Romanian law, its evolution and the relationship between its legal provisions and Article 2 of the European Convention of Human Rights. Even though impossible to quantify at present moment, many of the abuses committed by agents of the communist regime, abuses which led to the death of their victims, may constitute reason enough to consider them suspicious deaths under Romanian criminal law. Article 2 ECHR, from a procedural point of view, may be interpreted as obliging the Romanian state to organize an effective investigation into the circumstances that led to the deaths of the...