Principal facts
The applicant, Mrs Mariana Marinescu, was born in 1949 and lives in Oradea. At the relevant time she was a judge at the Bihor County Court, specialised in tax reassessment cases and liquidations.
In October 2000 two official liquidators lodged a criminal complaint against her for receipt of bribes and abuse of office, accusing her of asking them for money to maintain them in their posts and also of illegally selling the assets of a company in liquidation.
During the investigation the prosecution questioned witnesses in the applicant’s absence, including S.I., who said that he had been interested in purchasing the company in question.
Mrs Marinescu appeared before the prosecutor to make an initial statement. She was also brought face to face with two witnesses in the presence of her lawyers. On 17 May 2001 she was suspended from her judicial duties by order of the Ministry of Justice and charged. She requested the hearing of witnesses and a report by a court-appointed expert, but to no avail.
The public prosecutor ordered the applicant’s detention pending trial and issued a general warrant for her arrest when she failed to appear for the presentation of the investigation file. On 21 July 2001 she absconded, complaining that the investigation had been unfair and that the prosecution had brought pressure to bear on her.
The applicant was absent throughout the proceedings, where she was represented by her husband and her lawyer. At first instance the injured parties were questioned, together with witnesses for the prosecution and the defence. A sworn statement by witness S.I., who was unable to appear in court for health reasons, was read out in public and filed. In view of the influence Mrs Marinescu’s husband might have had over the witness, only those parts of S.I.’s statement which agreed with his previous statement to the prosecutor and with the statements of the other witnesses were taken into account. In December 2001 the applicant was sentenced to 11 years’ imprisonment for receipt of bribes and abuse of office.
Appealing against that judgment, Mrs Marinescu claimed that the media attention given to her case had affected the judges’ impartiality, and complained of procedural irregularities. In a judgment of 29 May 2003 the Supreme Court of Justice dismissed the appeal.
In September 2003 the applicant was placed in a high-security prison. In 2005 she was transferred to Târgşor prison, then to the Movila Vulpii rehabilitation centre in January 2007, and back to Târgşor prison in June 2007. She complained about the conditions of her detention in the prisons, including overcrowding, poor food and poor hygiene.
In October 2008 Mrs Marinescu was released on parole.
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