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Said Nursi’s | 26. On 18 September 2007 the Moscow City Court upheld the judgment of 21 May 2007 on appeal, finding that it had been lawful, well-reasoned and justified. It stressed that the subject matter of the case was the specific editions of the books, rather than |
Ramazan Ayçiçek | 214. It was not possible to determine from the Lice Central Gendarme Station Command custody records whether a person noted therein had been originally detained by the military or by the gendarmes unless – and it was not obligatory - a note was entered to that effect in the column entitled “Comments”. Therefore, the identity of the gendarme or military unit which has originally apprehended an individual could not be gleaned from the custody records as was the case, for example, for entry No. 43 ( |
Deputy Minister’s | 30. The first applicant lodged a further appeal with the Administrative Jurisdiction Division (Afdeling Bestuursrechtspraak) of the Council of State (Raad van State), which quashed the Regional Court’s judgment on 26 July 2004. As regards the Regional Court’s finding in relation to Article 3 of the Convention, the Administrative Jurisdiction Division held that the Deputy Minister should, wherever possible, avoid creating a situation in which an asylum seeker is refused a residence permit but cannot be expelled to his/her country of origin for reasons based on Article 3. For that reason, the decision should demonstrate that the Deputy Minister had examined whether Article 3 would lastingly (duurzaam) stand in the way of expulsion to the country of origin and of the possible consequences for the residence situation of the person concerned. This, the Division found, the Deputy Minister had failed to do in the present case, for which reason it quashed the Regional Court’s judgment and remitted the case to the |
Zelimkhan Isayev | 57. On the same date an unspecified authority (apparently the district prosecutor’s office) refused to institute criminal proceedings against the officials of the temporary detention facility of the ROVD on suspicion of abuse of authority (Article 286 of the Criminal Code), finding no evidence of crime. On the same day the materials concerning the use of force by the officers of the Urus-Martan FSB against |
Mahmut Yıldırım | 102. The report analyses a series of events, such as murders carried out under orders, the killings of well-known figures or supporters of the Kurds and deliberate acts by a group of “informants” supposedly serving the State, and concludes that there was a connection between the fight to eradicate terrorism in the region and the underground relations that formed as a result, particularly in the drug-trafficking sphere. The Report made reference to an individual |
A. Scordino | 43. In a decision of 1 July 2002, deposited with the registry on 27 July 2002, the Reggio di Calabria Court of Appeal found that the length of the proceedings had been excessive. It held as follows:
“... The proceedings began on 24 May 1990 and ended on 7 December 1998. They were conducted at two levels of jurisdiction and were not particularly complex.
It can be seen from the case-law of the European Court of Human Rights that three years is deemed to be an acceptable period for proceedings at first instance and two years at second instance.
The applicants declared their intention to continue the proceedings as the heirs of Mr |
Tofiq Yaqublu | 20. Out of the seventeen other defendants:
(a) fourteen were accused of participating in the riots on 23 January 2013 (which involved actions breaching public order, burning of private property, and acts of violence against public officials). They were charged under Articles 186.2.1, 186.2.2, 220.1 and 315.2 of the Criminal Code;
(b) one defendant, Mr |
the Jehovah’s Witnesses | 46. The attack was recorded on video. Moreover, an individual wearing civilian clothes, who, according to the applicants, was a police officer named L. Gogolauri, appears on the screen. He stands in the courtyard, observes |
Anton Vikulov | 6. The first applicant, Mr Sergey Vikulov, was born in Hungary in 1955. His wife, the second applicant, Mrs Galina Vikulova, was born in then the Russian Soviet Federative Socialist Republic in 1957. Their son, the third applicant, Mr |
Ramazan Umarov | 23. The Government did not challenge the matter as presented by the applicants. At the same time they submitted that the Russian authorities had not obtained ”reliable information concerning the arrest of |
Scott Baker | 56. The fifth and sixth applicants sought judicial review of the Secretary of State’s decision in the High Court. Before the High Court the applicants submitted that, if convicted, they would be detained at ADX Florence in violation of Article 3 of the Convention. In rejecting that contention, Lord Justice |
Aldan Eldarov | 150. On various dates in 2008 and 2009 the investigators questioned a number of local residents who confirmed that a special operation had been conducted in Gekhi between 8 and 10 August 2000. No information pertinent to the whereabouts of Mr |
İhsan Haran | 24. On 21 January 1998 the Diyarbakır public prosecutor held that there was no need for a further investigation as there was no evidence showing that İhsan Haran had disappeared in police custody (see paragraph 36 below). He observed that since 1994 there was no record of any complaint made to the offices of the Diyarbakır public prosecutor and of the public prosecutor at the Diyarbakır State Security Court and of the Lice public prosecutor. He noted that no record had been found that |
Aslan Sadulayev | 15. The applicant waited for Mr M. M. at the agreed place from 5 p.m. to 8 p.m., but he did not turn up. For the next three days the applicant waited there for him, to no avail. The applicant searched for Mr M.M. through Mr Rizvan. The latter introduced her to the sister of Mr M.M., Ms Z.M., who informed the applicant that she had heard about the abduction of |
Zurab Tsintsabadze's | 42. On 16 January 2006 the Kutaisi Court of Appeal dismissed the appeal at final instance, on the same grounds as the lower court. As disclosed by the decision, during the appellate hearing the regional prosecutor, in reply to the applicant's complaint that no forensic handwriting examination had been carried out on the letter dated 28 October 2005, claimed, without referring to evidence in support or giving any additional details, that the impugned letter had been compared with and found to be similar to other samples of |
Ramazan Gökçe | 44. Referring to the statements of the villagers, gendarme officers, the relevant military reports and documents, the investigator concluded that the applicant's allegation that her house had been destroyed by the security forces did not reflect the true circumstances of the case. He found that the village was in fact raided by the PKK on the night of 29 December 1993. However, it was clear from the testimonies of the villagers that the applicant's house was not destroyed that day. From the evidence before him, the investigator found that the applicant had in fact stayed in the village until April 1994, when the villagers evacuated Düzcealan to escape the pressure from PKK members. The applicant sold her cow to a certain |
Islam Tazurkayev | 96. On 24 April 2004 an officer of the Oktyabrskiy ROVD, Mr A.A., prepared an internal report on the criminal case which reads, in its main part, as follows:
“... it was established that in 1999 Islam Tazurkayev was the leader of a group involved in military action against the federal forces. ...
On 20 January 2001 unidentified servicemen in armoured vehicles carried out an identity check on Minutka Square, where checkpoint no. 28 was located ...
When vehicles passed through the checkpoint, servicemen checked [the identity of] all passengers. |
Luiza Mutayeva | 41. The applicant's neighbour, L.V., interviewed as a witness on an unspecified date, stated that during the night of 18-19 January 2004 she had heard several vehicles in the street. On 20 January 2004 she had learnt from the applicant about the abduction of |
Abdullah Öcalan | 19. In its judgment, the Assize Court held as follows:
“...
THE INCIDENT, EVIDENCE AND ASSESSMENT
In a declaration made on 11 July 2008 on the website of the Fırat News Agency, which is controlled by the terrorist organisation, the PKK, the Democratic People’s Initiative of Turkey and Kurdistan gave the following instructions:
‘This year’s July 14 celebrations should be made on the basis of the approach of “live and make the leadership live”... in each town and city, a march should be held on 14th of July with a view to showing respect for our leader. This march should have the nature of Serhildan (rebellion); should paralyse the life of the enemy and be handled in a way that shows how to deal with the Kurdish people’s leader ... in the form of vicious notification to the enemy that the approach to the people’s leader is the approach to the Kurdish people, and at the same time, a reason for war for the Kurdish people ... every city and district should determine the itinerary depending on the conditions and get prepared ... today, as well, there are attacks against our leadership and our people ... this march should be the victory of human dignity.’
Similarly, on the website entitled www.rojaciwan.com, which is also controlled by the PKK, a news article containing a call for participation in the reading out of a press statement was published:
“...while the shaving off of Öcalan is provoking heated reaction, the non-governmental organisations have lent support to the press statement to be made under the leadership of the Democratic Society Party. The NGOs have described the treatment of Öcalan as torture and made a call to participate.”
Against this background, on 14 July 2008 at around 4.30 p.m. people began to gather in front of the local branch of the DTP. Among the crowd, there were Members of Parliament and mayors who were members of the DTP. At around 5.50 p.m. there were 3,000 persons gathered. At 5.50 p.m. the crowd started the march and arrived in Koşuyolu Park at around 6.30 p.m. Both in front of the local branch of the DTP and during the march, demonstrators chanted slogans praising |
Musa Temergeriyev | 144. Lastly, the Government submitted a number of references concerning Musa Temergeriyev given in May 2003 by the ROVD, the Oktyabrskiy district administration, the Chechnya prisons directorate and a number of residents of the settlement of Michurina. They emphasised that |
Alaudin Gandaloyev | 39. On 24 November 2004 the District Court rejected the applicant’s complaint. It stated that the refusal to provide the applicant with access to the case file had not been unlawful since under domestic law the victim of a crime had no right of access to the case file prior to the completion of the criminal investigation, and the investigation into the murder of |
Vakhid Musikhanov's | 39. According to the Government, the investigators had on numerous occasions sent queries to various State bodies. In particular, on 19 November 2002 the investigator in charge had requested information concerning |
Sarali Seriyev | 57. In response to the investigators' request, in July 2004 the Shali district department of the Federal Security Service (the FSB) submitted that they had not conducted special operations on 1 June 2004 in Belgatoy and had no information which discredited |
Mursaliyev Azad Oktay oglu | 12. As regards the applicant in application no. 66650/13, by a decision dated 1 April 2013, a judge at the Sabail District Court dismissed his complaint after examining it on the merits. The relevant part of the decision reads as follows:
“Having assessed all the examined evidence, I conclude that the actions of the Prosecutor General’s Office of the Republic of Azerbaijan restricting the right of |
Valid Dzhabrailov | 8. At the material time the applicants and Valid Dzhabrailov lived at 104 Sovetskaya Street in the settlement of Pervomayskiy, in the Grozny district, Chechnya. At about 7 a.m. on 16 February 2003 (in the submitted documents the date was also referred to as 15 February 2003) the applicants and |
Ebedin Sezgir | 86. The applicant stated that he had already made a statement to the Silvan public prosecutor. At his request, that statement of 30 September 1994 was read out to him. He stated that he maintained it. He was under no pressure and denied the allegations that had been made to that effect. His house and property had not been burned. In July 1993, there were clashes between Ormandışı and Boyunlu village, after which the terrorists fled. After the incident, the village was searched by village guards. In the course of the incident, two people were killed. His house was not burned at that time. He had not applied to any authority.
Statement by |
Gavrilov V.V. | 8. On 17 October 2005 the Higher Administrative Court of Ukraine allowed the applicant a time-limit until 1 November 2005 to rectify the procedural shortcomings of his appeal on points of law. The relevant part of the decision reads as follows:
“The [present] appeal on points of law does not comply with the requirements laid down in Article 213 of the Code of Administrative Justice, as the applicant failed to pay the court fee and to provide a number of copies of the appeal on points of law corresponding to the number of persons involved in the proceedings ...
[The court decides to] set for |
Feride Genç | 13. In a judgment of 27 May 2004, the İzmir Administrative Court set aside the provisional permit issued by the Ministry of Health on 22 December 2000 in a case brought by fourteen people, including the first applicant, Ms |
Joselito Renolde | 49. On 29 September 2003 the investigating judge of the Court of Appeal ordered a further toxicological report on the basis of samples taken on 21 July 2000, with a view to determining the date on which |
Mehmet Salim Acar | 114. On 18 September 1995 the Bismil public prosecutor instructed the Bismil gendarmerie command to ensure that Harun Acar from the village of Ambar reported to his office in connection with the investigation into the disappearance of |
Sergey Mikhalkov | 13. The same day the Hryvnia newspaper published an article entitled ‘Volnaya Ukraina is bleeding’ (‘Bольная Украина истекает кровью’) about the incident of 23 May 2000 and about problems with power cuts caused by the theft of electric power cables for scrap metal. The article described the applicant’s version of events, in which he stated that the victims had been trying to steal metal parts from an electricity transformer and he had warned them and then fired at their motorcycle with his shotgun. They had fired back with a rifle and he had fired two shots in their direction. The article continued as follows:
“The investigation is not able to confirm that there was an EXCHANGE OF FIRE near the sub-station. The Prosecutor of Golopristansky District, |
Lászlóné Csatári | 1. The case originated in an application (no. 52257/11) against Hungary lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by eleven Hungarian nationals, Mr Tibor Bak, Mrs |
Abdulkhakov | 68. According to a written statement by Ms E.Z., between 8.40 p.m. and 8.50 p.m. on 21 December 2011 K. informed her that the applicant had been taken to Pulkovo airport to be transferred to Uzbekistan. Ms E.Z. then immediately conveyed that information to Ms T.K., head of the criminal law department of the Office of the Representative of the Russian Federation at the European Court of Human Rights, and requested the latter to take urgent measures to prevent the applicant’s transfer. At about 9.40 p.m. T.K. informed Ms E.Z. that she had taken all possible steps to notify the competent authorities, including the Russian GPO, with a view to preventing the applicant’s forced transfer; however, she was not sure, given the late hour, whether this would produce any results. Meanwhile, Ms E.Z. informed the Office of the Ombudsman of Russia of the risk of the applicant’s forced transfer to Uzbekistan. At 10 p.m. Ms E.Z. contacted the transport prosecutor’s office responsible for Pulkovo airport. The on-duty officer, Mr A.A., confirmed to Ms E.Z. that the applicant’s lawyer K. had already informed him about the risk of the applicant’s forced transfer to Uzbekistan. In reply to Ms E.Z.’s request that urgent steps be taken to prevent the transfer, he informed her that he had sent an officer to verify whether the applicant had been checked in for the flight, to which Ms E.Z. immediately replied that the applicant must already be on the plane and that his unlawful transfer to Uzbekistan would be in breach of the international obligations of the Russian Federation. However, instead of taking any steps, A.A. started asking her various questions, such as whether the applicant had bought a ticket for the flight, whether a criminal case had been opened into his abduction, and so on. In her statement Ms E.Z. further submitted that immediately after her call A.A. was contacted by the Office of the Ombudsman of Russia, whose officials yet again explained to him the legal consequences of the applicant’s transfer to Uzbekistan. At 10.40 p.m. Ms E.Z. again contacted A.A. to ask him whether the applicant had been taken off the flight, to which A.A. replied in the negative. He further told her that the applicant’s name was not among the persons who had bought tickets for the flight or those who had been checked in for it and that no check had been conducted inside the plane because the airstairs had already been removed from it. A.A. disregarded Ms E.Z.’s remarks that to search for the applicant in the list of checked-in passengers was useless because in several previous cases individuals, such as Mr |
Ahmet Potaş | 137. The next morning the applicant set out for Zeyrek Gendarme station. On the way, he met Mehmet Emre and Hacı Mehmet coming back from the station. They had seen Ahmet Potaş who had told them that the Orhans had passed through with soldiers the previous evening and had been taken to Kulp. The applicant then went to Zeyrek station with the village muhtar and other villagers, to ask what had become of the Orhans. |
Isa Yansuyev | 8. The first two applicants are the parents of Mr Ilyas Movldiyevich Yansuyev, born in 1978, Mr Isa Movldiyevich Yansuyev, born in 1980, and the sixth applicant. Ilyas Yansuyev was married to the seventh applicant; they are the parents of the third and fifth applicants. |
Serpil K. Erdoğan | 10. Following an appeal by the applicant on points of law, the Supreme Administrative Court upheld the judgment of 23 September 1999, finding it to have been in accordance with the law and the procedural rules. The relevant parts of the Supreme Administrative Court judgment read as follows:
“Summary of the request: ...
Opinion of Mrs |
Płoska Stefania | 13. On 3 July 1994 the applicant made an application for leave to attend the funeral of his mother. The application was in the following terms:
“I kindly ask you to grant me leave, on the basis of the telegram received on 3.7.94, [to attend] the funeral of my mother |
Judith McGlinchey | 21. On 13 December 1998 according to the nursing entries, there was no vomiting complained of or witnessed apart from twice at the beginning of the night. It was also recorded that she ate a small dinner and slept for long periods that night. There were no entries in the medical record on this day. The doctor stated in his statement of 4 January 1999 that on 12 and 13 December 1998 her temperature, pulse and blood pressure all remained within normal limits. Oral doses of anti-emetic drugs (metoclopromide) were prescribed to follow the injections, and administered on four occasions between 10 and 12 December 1998. In her evidence to the coroner, the head of nursing care stated that the drugs were not given on 13 December as |
Michael Fitzgerald's | 99. Amanda Parkin had provided a statement to the police investigation, also dated 27 February 1998. This statement was consistent with Kate Bellamy's and it also contained no suggestion that Kate Bellamy had told the police officers at the time of the incident that the guns in |
Bronislav S. Stichinskiy | 59. Since the facts of the case were disputed, the Commission conducted an investigation, with the assistance of the parties, and took oral evidence from the following witnesses: the applicant; the applicant’s parents; Mr |
Ferit Çengelli | 13. On 18 June 2001 the Ankara Assize Court convicted Süleyman Eryılmaz under Article 146 § 1 of the Criminal Code and sentenced him to death. This sentence was subsequently commuted to life imprisonment. Regarding |
the Bishop of Murcia | 30. Moreover, the court referred to the bishop’s prerogatives in such matters and took the view that in the present case there had not been a violation of Articles 14 (prohibition of discrimination), 16 (freedom of thought and religion), 18 (right to respect for private and family life) or 20 (freedom of expression) of the Spanish Constitution, since the applicant had taught religion since 1991, |
the Minister of Justice | 39. The court then observed that the defamatory nature of the comments had not been “meaningfully disputed” and that the applicant stood by the content of his allegations, which he considered to be well founded. Turning then to each of the impugned comments, to ascertain whether the charge of defamation was made out, and to assess the significance and seriousness thereof, the court first noted that “the accusation of impartiality [sic] and unfairness proffered against a judge clearly constitute[d] a particularly defamatory allegation, because it [was] tantamount to calling into question her qualities, her moral and professional rigour, and ultimately her capacity to discharge her duties as a judge”. It further took the view that the comments on the failure to forward the video-cassette were also defamatory as they suggested that there had at least been some negligence or a form of obstruction. As to the term “connivance”, the court found that the use of that word clearly and directly suggested that the judges had been collaborating with an official of a foreign country to act in a biased and unfair manner, this being exacerbated by the implication in the article that there was serious evidence of such conduct, because |
Hasan Peker Günal | 93. Following the murder, the applicant found a packet of dried nuts bought from the shop of Ziya Kasaboğlu in her house. Mr Kasaboğlu told the applicant that her husband had bought the nuts and that he had been killed afterwards. He said that it was because of this that he had been the one who had informed the family of the murder: he had telephoned the father-in-law of the applicant's sister. In actual fact, Mr Kasaboğlu was a plain-clothes policeman and the father-in-law was his superior. After the applicant's husband had died, Mr Kasaboğlu closed up his shop and moved to the village of İnönü. The applicant believed that Mr Kasaboğlu was involved in the incident because he did not come to speak to her and the police did not take a statement from him. In addition, her husband never used to buy nuts from his shop. The applicant asked the authorities to take a statement from Mr Kasaboğlu, but to no avail. She first made this request at a secret meeting in December 1996 with |
Süleyman Acar’s | 31. On 1 March 1993, at the first hearing held before the Denizli Assize Court, the court requested to have all the accused transferred to Denizli prison. It sent letters rogatory to the Midyat Assize Court and the Nusaybin Assize Court to take the statements of fifteen accused who had been released pending trial. It also sent a notice to various regional authorities requesting to be informed of the addresses of several witnesses. Furthermore it requested the removal of the bullet found in |
Ziyavdi Elmurzayev | 239. On 15 January 2007 the investigators questioned the applicants’ neighbours, Ms L.B. and Mr M.B., both of whom stated that they had learnt in 2002 of Mr Ziyavdi Elmurzayev’s abduction by federal servicemen from fellow villagers, and that prior to the abduction Mr |
Segeda I.D.’s | 19. On 16 May 2006 the Town Court extended the applicant’s detention until 22 June 2006, thus bringing its total duration to six months and eighteen days. The Court held as follows:
“The request to extend |
Grande Stevens | 30. In judgments deposited with the registry on 23 January 2008, the Turin Court of Appeal reduced the administrative fines imposed by the CONSOB in respect of certain of the applicants, as follows:
- EUR 600,000 in respect of Giovanni Agnelli s.a.a.;
- EUR 1,000,000 in respect of Exor s.p.a.;
- EUR 1,200,000 in respect of Mr Gabetti.
The heading of the judgments delivered in respect of Mr Gabetti, Mr Marrone and Exor S.p.a. indicated that the court of appeal had met in private (riunita in camera di consiglio). The “procedure” part of the judgments issued in respect of Mr |
Mehmet Salim Acar | 64. On 23 March 2000 three officers from the anti-terrorism branch came to Halise Acar's home and asked her for a copy of her family's entry in the population register. She was told that they were looking for |
Vakhazhi Albekov | 40. Also on 12 March 2005 the father of Mr Nokha Uspanov and the brother of Mr I. were granted the status of victims in the criminal proceedings. Mr Uspanov’s father stated that on 23 October 2000 his son had gone to search for Mr |
Umar Musayev | 18. She then went to the district military commander's office (районная военная комендатура) where she noticed her elder son's car in the courtyard. The first applicant applied to military commander G. with enquiries about her sons and the car. The military commander told the first applicant that he had no information concerning Ali and |
Mushfig Jannatov | 13. On 26 June 2004 the investigator ordered a forensic expert examination of the applicant, which was carried out the same day. The forensic report of 26 June 2004 reads as follows:
“On 26 June 2004 |
Sariye Yılmaz | 31. On 17 December 1996 the public prosecutor at the Diyarbakır State Security Court also issued a decision of non-jurisdiction and referred the case file back to the office of the Lice Public Prosecutor. The decision on lack of jurisdiction indicated that |
Moldi Nenkayev | 10. The first applicant, who was sleeping in his room, was woken by a blow to the leg from a machine gun butt. He saw several servicemen pointing machine guns at him. One of the servicemen was checking the first applicant’s identity papers left on a table. The soldiers asked the first applicant whether his name was |
Suat Başboğa | 56. Mr Güzelsoy asserted that Ferhat had twice been taken into custody prior to his disappearance and that he was an irresponsible boy according to his father. The witness stated that on 28 July 1993, at 4 or 4.30 p.m., Mr Karslıoğlu had told him that two police officers had made enquiries about Ferhat. He had told Mr Karslıoğlu that this might have been an investigation in relation to the attack on police buildings which had taken place the previous day. Later that day, at approximately 5 p.m., he had seen Ferhat and had informed him that two police officers had been looking for him. Ferhat had replied to him that he had not done anything wrong. The next day, the witness had learned from the applicant of Ferhat’s disappearance.
(x) Statement of |
Jesus Christ | 20. The applicant company brought a complaint concerning the SCRPA’s decision (see paragraphs 18 and 19 above) before an administrative court. It argued that the persons and objects shown in the advertisements were not related to religious symbols: neither the characters themselves nor their clothes, positions or facial expressions were similar to the depiction of |
A.R. “Vanagas | 43. As to the applicant’s guilt, the appellate court also found that he, having studied at the MGB school and joined that service of his own free will, understood at the time the special goal of the Soviet totalitarian policy, which was to physically exterminate those participating in the Lithuanian national resistance to the Soviet occupation regime – the Lithuanian partisans − “so that the basis of the Lithuanian civil nation (pilietinė tauta) would be destroyed”. Accordingly, when briefed on 11 October 1956 about the operation for the arrest of |
Isa Kaplanov | 33. On 28 August 2001 the applicant’s husband submitted an application to a department of the Chechen Ministry of the Interior responsible for searching for missing persons. He gave details of the detention of |
Şuayip Tanış | 142. On 29 January 2001 the public prosecutor Kubilay Taştan took statements from two witnesses who said that they had seen Serdar Tanış and Ebubekir Deniz enter the gendarmerie station together, from the applicants |
S. Paulikas | 9. The accident attracted considerable media attention. On 8 November 2007 one of the biggest national newspapers, Lietuvos rytas, published an article entitled “A police officer’s BMW crushed fourth‑graders” (Policijos patrulio BMW traiškė ketvirtokus). The article stated that it was “suspected that the car was being driven by the police officer |
Dalambek Eskiyev | 41. On 23 January 2004 investigators questioned the first applicant, who stated that at 2 a.m. on 6 June 2003 armed men in camouflage uniforms had burst into the courtyard of their family house. She had thought that they had come, as they had previously done, to search for a certain Mr |
Saddam Hussein’s | 17. The programme also featured the applicant’s brief comment, as recorded by a journalist, that the Minister wanted to have “a monitoring council that [would] not take a peek inside a prison]” and “the prisons [were] in the same conditions ... as those under |
Timur Yandiyev | 10. On 16 March 2004 Timur Yandiyev took the third and fourth applicants to Malgobek to visit his parents-in-law. On the way back he stopped in Nazran at Ingushenergo. He stayed there from 3.40 p.m. to 4.30 p.m. When he came out, two white vehicles entered the courtyard, a Gazel minibus and a Niva all-terrain vehicle, without registration plates and with tinted windows. Six individuals in camouflage uniforms and masks got out of the vehicles and threw |
Politkovskaya | 13. On 27 August 2007 the Prosecutor General of Russia stated at a press conference that there had been serious progress in the investigation of Ms Politkovskaya’s killing, and that ten people had been arrested in connection with the investigation. Another official of the Prosecutor General’s Office stated that a certain P.R. had been arrested. On 28 August 2007 the Tvoy Den’ newspaper (“Твой День”) published a list of people arrested in connection with Ms |
Bekkhan Alaudinov | 13. Back at the house Bekkhan Alaudinov was asked to provide his passport. When the applicant handed over his passport, the serviceman took the document along with the money he found in it. The serviceman took |
Mehmet Şah Şeker | 50. Between 1999 and 2005 there were communications between the International Law and Foreign Relations Directorate of the Ministry of Justice, the Bismil and Diyarbakır public prosecutors and the security forces. The Ministry of Justice requested information from the public prosecutors as to the outcome of the investigation. The public prosecutors in turn requested the security directorates and gendarmerie commands to provide information as to the outcome of the search for |
Panyushkina | 24. On 15 May 2012 the Primorskiy District Court of St Petersburg ordered the applicants’ eviction from their room, without providing any alternative accommodation. In particular, the District Court held as follows:
“... |
Ostoje Mejić | 158. Mrs Golubović, who was retired when she lodged her application with the Court, held a foreign-currency savings account at the Zagreb Main Branch as the heir of the original account-holder, the late Mr |
Rasul Tsakoyev | 8. On the morning of 27 September 2004 Mr Tsakoyev went to the shop where he worked. In the afternoon he told his colleague, Mr M.T., that he needed to go out for a short while. Later he called the colleague from his mobile phone and said: “They are following me again, I will be back soon”. Mr M.T. understood that |
Magomed Isambayev | 36. The seventh applicant and his wife attempted to follow Mr Magomed Isambayev, but the military did not allow them to leave the courtyard. The seventh applicant’s wife managed to see through the fence that the servicemen then visited three neighbouring houses and took her son to the courtyard of each of those houses. One of the neighbours, a police officer, told the servicemen that he had known Mr |
Zechmeister | 27. Replying to questions by the applicant's counsel, Mr Zechmeister stated that in addition to hourly checks by police officers, the paramedic checked the cells between 6 and 9 p.m. He looked through the small window in the door without opening the door. Cells were equipped with an interphone allowing inmates to contact staff at any time. In reply to the question whether there was specific surveillance for inmates who risked losing consciousness while in solitary confinement, Mr |
Ilias Sagayev | 29. On 20 October 2003 the FSB informed the first applicant that Mr Ilias Sagayev had not been detained by the FSB as there had been no lawful grounds for his detention, and that he was not suspected of any offences. It was also stated that the FSB was taking the necessary measures to identify those involved in Mr |
Odes Mitayev | 41. On 17 June 2003 the district prosecutor’s office granted the second applicant victim status in criminal case no. 19012 concerning her son’s abduction by “unidentified armed persons dressed in camouflage uniforms and using two APCs and four Ural trucks”. The decision stated that the whereabouts of |
Sultan Khatuyev | 13. U.I. later told the applicant that he and Sultan Khatuyev had been detained in two neighbouring cells on the FSB premises and that he had heard Sultan Khatuyev groaning. He told her that he had been beaten by the FSB officers and that, given the sounds coming from the other cell, |
the Minister of the Interior | 23. On 3 and 5 July 2012 the first applicant and thirteen individual applicants in the present case (from the second to the fourteenth) filed additional criminal complaints with the Chief Public Prosecutor and |
Private Chember | 20. On 22 May 2001 Lieutenant D. stated as follows:
“In February 2001 Private Chember was transferred to our unit ... He was assigned to serve in my sub-unit, that is, in the first platoon of the seventh company. Since his transfer into our unit he has started complaining about recurrent pains in his knees. On that ground I exempted him from physical exercise; he stayed within the premises of the company and did not go anywhere. Some two weeks later |
Gancho Vachkov | 9. Mr Gancho Vachkov continued to run, followed by the police. He entered a building situated on Murphy Street, in a residential area of Sofia, and went up the staircase of the building to the top floor. The police sealed off the area, urging the inhabitants to stay in their homes. Several masked police officers entered the building. Gunfire was heard. Thereafter, Mr |
A. L. Zavorin | 9. On 28 April 2014 the Kemerovo Regional Court returned the case to the prosecutor so that certain procedural defects could be remedied. It also extended the applicant’s and other defendants’ detention for a further three months, referring mainly to the gravity of the charges but also to the wording of the Supreme Court’s decision of 11 February 2014. In so far as the applicant sought to rely on the Government’s admission of a violation, the Regional Court held as follows:
“The defendant |
the Minister of the Interior | 16. In a judgment delivered on 1 June 1993 after a public hearing in the presence of both parties, the Pau Administrative Court rejected the applicant association’s appeal on the following grounds:
“It has been established that the book at issue entitled Euskadi at war was printed in Spain, that four of its five chapters were written by authors of Spanish nationality and that the documentation used for the preparation of the publication was mainly of Spanish origin. Therefore, and notwithstanding the fact that the book was published by the applicant association, which is based in Bayonne, the offending book must be regarded as of foreign origin within the meaning of the aforementioned provisions. Accordingly, |
Ramzan Kukuyev’s | 15. According to a resident of Tsa-Vedeno detained on 3 May 2001, in the evening the military ordered detainees to stand in a row. Some of the detainees, including Ramzan Kukuyev, were ordered out of the line. They were blindfolded and taken to a military helicopter. The helicopter and the servicemen then left in the direction of the town of Shali. Since then |
Yakhita Inderbiyeva | 41. On 5 October 2003 the investigators granted the applicant victim status in criminal case no. 50080 and questioned her. The applicant stated that on 9 February 2000 she had gone from Ingushetia to visit her sisters and mother in Grozny. On 10 February 2000 she had gone to Pugacheva Street where she had met a woman who had told her that her mother had became mentally ill and was living in a basement situated in a former dentist’s office. The applicant had found her mother in an incoherent state. Then the applicant had met an elderly, ethnically Russian couple and the woman had told her about the circumstances of her sisters’ murder by servicemen from military unit no. 3737. According to the woman, the soldiers had conducted a ‘sweeping-up’ operation in the area; they had pulled |
Abdula Edilov | 67. In setting aside the decisions to suspend the investigation, the higher-ranking prosecutors indicated that their examination of the case file had revealed that the district prosecutor’s office had conducted the investigation in a superficial manner and in breach of the relevant legislation, referring, among other things, to the fact that the investigators had failed to identify and interview the servicemen who had been on duty at the checkpoint through which the abductors had passed with |
M.G. Tamimdarov | 8. On 24 April 2006 the prosecutor of the Tatarstan Republic applied to the Koptevskiy District Court of Moscow, asking that the following books from the Risale-I Nur Collection published by the second applicant be declared extremist and banned (see sections 1 and 13 of the Suppression of Extremism Act cited in paragraphs 41 and 42 below):
- “Faith and Man”, 2000 edition, translated by |
Hristea-Stan | 12. On 30 August 2007 Mr Juraveli, the vice-president of Hyde Park, applied to the Municipality for an authorisation to stage a protest in front of the Ministry of Internal Affairs and the Prosecutor's Office between 4 and 11 September 2007 against the allegedly abusive suppression of its peaceful protest of the same date. In the application he indicated that ten persons were to participate in the demonstration and gave his name and those of Mr Oleg Brega and Mr |
Ali Yıldırım | 41. On 21 July 1995 the public prosecutor at the Diyarbakır State Security Court decided that the Eruh public prosecutor – in co-operation with the Eruh District Gendarmerie Command, the Siirt Directorate of Security and the Siirt Provincial Gendarmerie Command – was to conduct a further investigation into the deaths of Abide Ekin and |
Ruslan Kasumov’s | 64. According to the Government, on unspecified dates the investigation questioned a number of the applicants’ fellow villagers as witnesses. They submitted that one night in February 2003 they had heard military vehicles and seen APCs on the street; they had not noticed the APCs’ numbers. On the following day they had learned of |
Sarali Seriyev | 5. The applicants, who are father and daughter, were born in 1936 and 1975 respectively. They are the husband and the daughter of Bilkis Askhabayeva, who was born in 1942, and the father and sister of |
R. Alikhadzhiyev | 24. On 8 December 2000 the Chechnya Prosecutor replied to an enquiry by the Special Envoy of the Russian President in the Chechen Republic concerning a number of complaints about disappearances. The letter stated that on 7 July 2000 the Shali District Prosecutor's Office had opened criminal investigation no. 22025 into the detention by unidentified persons in camouflage of the former speaker of the Chechnya Parliament, |
Movlatkhan Bokova | 17. On 25 January 2000 the applicant again went to Grozny in search of her brother. She travelled together with relatives of other missing persons from the district, Magomed Khashiyev and his sister |
Giles Van Colle’s | 46. The Court of Appeal again agreed with the High Court that the protective measures that were reasonably open to DC Ridley could have had a real prospect of altering the outcome and avoiding Giles Van Colle’s death. DC Ridley had accepted that, if he had complied with the Protocol, there would have been a real prospect that |
Ronald Davidson | 23. In its Report on Jurisdictional Immunities of States and their Property (1999), the working group of the International Law Commission (ILC) found that over the preceding decade a number of civil claims had been brought in municipal courts, particularly in the United States and United Kingdom, against foreign governments, arising out of acts of torture committed not in the territory of the forum State but in the territory of the defendant and other States. The working group of the ILC found that national courts had in some cases shown sympathy for the argument that States are not entitled to plead immunity where there has been a violation of human rights norms with the character of jus cogens, although in most cases the plea of sovereign immunity had succeeded. The working group cited the following cases in this connection: (United Kingdom) Al-Adsani v. State of Kuwait 100 International Law Reports 465 at 471; (New Zealand) Controller and Auditor General v. Sir |
András Baka | 16. On 12 February 2011, in relation to the Nullification Bill (subsequently Act XVI of 2011, ordering the annulment of final convictions relating to the dispersal of crowds in the autumn of 2006), the applicant’s spokesman explained to the Népszabadság newspaper that, in the applicant’s view,
“the Bill ordering the annulment of certain judicial decisions delivered in relation to the 2006 riots gives cause for concern, because it violates the right of judges to assess evidence freely. This is a serious constitutional problem. ... the judiciary is examining the Bill only from a professional point of view and distances itself from any kind of political debate. |
Beslan Baysultanov | 33. On 16 May 2002 the head of the Moscow office of the NGO “Human Rights Watch” wrote to the Prosecutor General of the Russian Federation on behalf of the applicants and requested the resumption of the investigation into the abduction of |
Shamil Gigayev | 101. The applicants submitted five additional testimonies from witnesses and victims, related to the circumstances of the attack. Witness A. testified that she was in the same car as Ramzan Mezhidov and |
Yusup Biysultanov | 219. On 19 June 2009 the seventh applicant was allowed access to the investigation file. 12. Application no. 11873/10, Viskhadzhiyev and Others v. Russia
(a) Abduction of Aslanbek, Yasin and Sultan Viskhadzhiyev, and |
Ariel Sharon | 5. According to the official police documents, drafted on 8 April 2002, at 9.15 and 9.30 p.m., the security forces received information that the Human Rights Association would hold an unauthorised demonstration and press release concerning Israel’s operations against Palestine, at Tünel Square, on that day. The police took the necessary precautions in the area as of 7 p.m. At 8 p.m., around 30-35 persons gathered at the square holding candles, photos and banners which stated, inter alia, “All the world is Palestine, all of us are Palestinians”, “an end to the occupation, freedom to Palestine” and “Wanted |
Ali Dzhaniyev | 12. The first applicant is the wife of Yunus Dobriyev; they have one minor son. The second applicant is a sister of Magomed Adzhiyev. The third applicant is the wife of Yusup Dobriyev; they have four minor children. The fourth applicant is a sister of |
Rıdvan Karatay | 14. As regards Rıdvan Karatay, the medical report referred to an erythema and a swelling on the right eye orbit, erythemas and ecchymoses on the upper part of the back as a result of blows. The applicant further complained of pain in his head. The doctor decided that |
Zlatko Prežec | 8. The applicant was examined by a psychiatrist in Vrapče Psychiatric Hospital (Psihijatrijska bolnica Vrapče) from 23 to 29 June 2004. The report, drawn up on 6 July 2004, shows that the applicant was treated in the Psychiatric Ward of the Zagreb Prison Hospital during the following periods:
- 12 to 17 February 1999 for depression;
- 26 February to 15 March 1999 for a suicide attempt;
- 1 to 6 April 1999 for allegedly falling out of bed and hurting his head;
- 3 December 1999 to 10 January 2000 for depression and anxiety;
- 17 February to 6 March 2000 for self-injury;
- 21 December 2000 to 31 January 2001 for a suicide threat;
- 12 to 24 April 2001 for personality disorder;
- 6 to 25 November 2002 for personality and behavioural disorder;
- 17 December until 2 January 2003 for a suicide attempt;
- 3 to 22 April 2003;
- 28 July to 20 August 2003 for a suicide attempt;
- 21 to 22 August 2003 for refusal to drink water;
- 22 August to 22 September 2003 for a suicide attempt;
- 24 September to 27 November 2003 for a suicide attempt;
- 20 February to 18 March 2004 for a suicide attempt;
- 8 to 14 April 2004 for swallowing batteries;
The conclusions of the report read as follows:
“1. |
Fikret Yusifov's | 18. The press release of 20 October 2005 stated, inter alia:
“It was established that former Minister of Finance Fikret Yusifov was the contact responsible for obtaining large amounts of funding for the forcible capture of State power... He was arrested as a suspect on 16 October. ... 100,000 euros and 60,000 US dollars were seized from |
Subsets and Splits