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8. The applicant was born in 1930 and was living in Izmir. Following his death on 23 November 2003, his wife and children on 6 April 2004 expressed their intention to pursue the application. 9. On an unspecified date, the applicant had signed contracts with the Izmir Municipality concerning a road construction. While the construction was in progress, the Municipality annulled the contracts by decisions of 2 and 5 April 1984. 10. By a judgment of 16 March 1992, the Izmir Commercial Court decided that the cancellations of the contracts were unlawful and therefore invalid. 11. On 2 October 1992 the applicant approached the Municipality and requested that it followed the court order. By a letter of 20 November 1992, the Municipality declined the applicant’s request. 12. On 4 March 1993, relying on the judgment of 16 March 1992, the applicant brought an action against the Municipality before the Izmir Commercial Court claiming compensation for the damages he incurred on account of the annulment of the contract. 13. On 12 October 1993, the court appointed an expert commission in order to determine the amount of the damage incurred by the applicant. On 3 May 1994 the expert report was admitted to the case-file, and the Court decided that the report should be communicated to the parties following payment of the experts’ additional fee by the applicant. 14. On 1 June 1994 the applicant disputed the conclusions of the expert report regarding the suggested sum and requested a new report. 15. At the hearing of 15 December 1994 the lawyers of the Municipality failed to appear before the court. Following the hearing, the court issued a letter to the Izmir 2nd Commercial Court asking the latter to transfer the case-file concerning the cancellations of the contracts. On 7 March 1995 the parties were granted time to comment on this file. 16. On 7 July 1995 the court changed its composition and the case-file was deposited with the new panel of judges for examination. 17. At the hearing of 18 July 1995, the lawyers of the parties failed to appear before the court. The court decided to obtain an additional report from the experts as both parties had disputed the previous report. 18. Six hearings were held between 16 November 1995 and 16 May 1997. On that date the court noted that the case-file had not been transmitted to the experts in order them to submit an additional report. The court also noted that the failure to obtain an additional report was due to the fact that one of the experts could not be reached and thus a commission be formed. The parties requested that a new expert commission be appointed. Accordingly, the court designated a new expert commission of three experts to this end. 19. On 23 December 1997 the court acknowledged receipt of the second report and it was communicated to the parties in order for them to comment on it. 20. On 30 April 1998 the court accepted the applicant’s claim in part and ordered that the Municipality pay him a certain amount of money. 21. On 3 September 1998 the applicant appealed to the Court of Cassation against the judgment of the first-instance court. 22. On 14 December 1998 the Court of Cassation, upholding the judgment, rejected the applicant’s appeal. The applicant was notified of this decision on 12 February 1999. 23. On 26 February 1999 the applicant requested rectification of this decision. On 7 June 1999 the Court of Cassation rejected the request for rectification. 24. This final decision was served on the applicant on 29 July 1999. | [
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6. The applicants are Turkish nationals who were born in 1957, 1962 and 1964 and live in Ankara, Batman and Diyarbakır, respectively 7. On 16 November 1998 the head of the Diyarbakır Security Directorate requested the Diyarbakır Public Prosecutor to issue a search warrant in order to inspect the Diyarbakır and Batman offices of HADEP (Halkın Demokrasi Partisi-People’s Democracy Party), where demonstrations and hunger strikes were allegedly being organised, in order to protest the arrest of the PKK leader Abdullah Öcalan. The public prosecutor issued the search warrant on the same day. 8. On 18 November 1998 the applicants were taken into police custody by the police officers at the Batman Security Directorate. 9. In a letter dated 20 November 1998 the Diyarbakır Security Directorate requested the Diyarbakır Public Prosecutor to extend the applicants’ detention period until 22 November 1998 together with hundred and seven others. On the same day, considering the number of the accused and the difficulty to obtain evidence, the public prosecutor authorised to extend the detention period as requested. 10. On 22 November 1998 a judge at the Diyarbakır State Security Court decided to extend the applicants’ detention period until 28 November 1998, following the Diyarbakır Security Directorate’s second request. 11. On 26 November 1998 the applicants were first brought before a public prosecutor and then a judge at the Diyarbakır State Security Court, where they refused all allegations against them. The judge ordered their release pending trial. 12. On 17 December 1998 the Diyarbakır Public Prosecutor filed a bill of indictment with the Diyarbakır State Security Court accusing the first applicant of aiding and abetting members of a terrorist organisation. On the same day three public prosecutors attached to the Diyarbakır State Security Court decided that no prosecution should be brought against the second applicant on the ground that there existed no evidence to convict him. 13. On 3 April 2001 the Diyarbakır State Security Court decided to defer the imposition of a final sentence upon the first applicant, pursuant to Law no. 4616. The court held, under Article 1 § 4 of the same law, that the criminal proceedings against her would be suspended and a final sentence would be imposed should she be convicted of a further intentional offence within five years of this decision. 14. On 17 November 1998 the applicant was taken into police custody together with a group of twenty people outside the party’s headquarter in Diyarbakır. 15. In a letter dated 18 November 1998 the Diyarbakır Security Directorate requested the Diyarbakır Public Prosecutor to extend the detention period of the applicant along with hundred and ten others until 21 November 1998. On the same day the public prosecutor authorised the security directorate to extend the detention period until that date. 16. On 20 November 1998, following a request from the Diyarbakır Security Directorate and considering the number of the accused, the judge at the Diyarbakır State Security Court decided to extend the detention period until 26 November 1998. 17. On 25 November 1998 the applicant was brought before a public prosecutor and a judge at the Diyarbakır State Security Court. The judge ordered the applicant’s release pending trial. 18. On 22 February 2001 the Diyarbakır State Security Court decided to defer the imposition of a final sentence upon the applicant, pursuant to Law no. 4616. The court held, under Article 1 § 4 of the same law, that the criminal proceedings against the applicant would be suspended and a final sentence would be imposed should he be convicted of a further intentional offence within five years of this decision. | [
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7. On 20 January 1995 the applicant, who was 21 years old at the time, was charged with armed robbery and assault causing heavy injuries on one person and the death of another. 8. The charges, as modified later, concerned a number of robberies allegedly committed by an organised armed group who posed as traffic policemen and robbed motor vehicles and their passengers. The applicant had allegedly joined the group for its last two robberies. He was accused of being the one who had made the fatal gunshot killing the victim in one of those robberies. 9. The preliminary investigation was completed in August 1995 and in October 1995 an indictment was submitted to the Regional Court of Veliko Tarnovo against twelve persons, including the applicant. 10. The Regional Court held hearings on 11 December 1995, 3‑10 January, 3-5 June and 2-12 September 1996. Numerous witnesses were heard and other evidence admitted. 11. On 12 September 1996 the applicant was convicted and sentenced to 16 years’ imprisonment. Ten other accused persons were also convicted in the same proceedings. 12. On 16 September 1996 the applicant appealed to the Supreme Court. 13. The Supreme Court held hearings on 14 February, 25 April and 27 June 1997. 14. In 1997 the judicial system in Bulgaria was reformed. As a result, the applicant’s case fell within the jurisdiction of the newly created appellate courts. On 1 April 1998 it was assigned to the Veliko Tarnovo Appellate Court and the file transmitted to that newly created court. 15. The Appellate Court held hearings on 11 January and 8 February 1999. 16. On 9 February 1999 the court set aside the Regional Court’s judgment noting that two of the accused persons had been represented at the preliminary investigation stage by the same lawyer despite an obvious conflict of interest. In the court’s view, that fact vitiated the whole procedure and warranted remitting the case to the investigation stage. 17. On 5 August 1999 an investigator reformulated the charges against the applicant. 18. On 23 September 1999 a fresh indictment was submitted to the Regional Court. 19. On 5 January 2000 the Regional Court remitted the case to the investigation stage. 20. On 2 May 2000 a third indictment was drawn up and submitted to the Veliko Tarnovo Regional Court. As all but one of the judges at that court had been involved in the examination of the case or had decided on the accused persons’ applications for bail, in June 2000 the case was assigned to another court, the Lovech Regional Court. 21. A substitute judge and substitute jurors were designated and took part in the proceedings before the Lovech Regional Court. 22. The court held a hearing on 11 December 2000. It ordered a medical report and adjourned the examination of the case. 23. Between December 2000 and November 2005 the Lovech Regional Court fixed thirty-two dates for hearings: 12 February, 9 April, 10 September and 29 November 2001, 21 February, 15 April, 14 June, 1 October, 1 November and 11 November 2002, 14 January, 31 January, 14 March, 28 March, 20 May, 26 September and 18 December 2003, 20 February, 5 March, 30 April, 14 May, 28 May, 2 July, 15 July, 1 October, 29 October and 3 December 2004, 25 February, 18 March, 29 April, 30 May and 9 September 2005. 24. On each of those dates approximately fifteen to twenty-five of the persons summoned appeared before the Lovech Regional Court, including most accused persons and their lawyers. The applicant, who was in pre-trial detention until 31 July 2001 and at liberty thereafter (see paragraphs 24-49 below), and his lawyer were always present. However, on each of the thirty‑two dates at least one of the accused persons or their lawyers did not appear and the Lovech Regional Court, considering that that was a bar to proceeding with the examination of the case, adjourned the hearing. 25. In most cases the persons who had not appeared had presented medical certificates indicating that they had fallen ill. In some cases one or more of the defence lawyers were unable to attend as they had been summoned in other proceedings. Several other adjournments were the result of unexplained absences of lawyers. 26. The Lovech Regional Court’s approach during those five years consisted in noting the absences, adjourning the hearing and, where relevant, issuing orders to the lawyers concerned to explain the reasons for their absence and informing the local Bar about their failure to appear. On one occasion the court also appointed a medical expert to examine one of the accused persons who had been repeatedly absent on health grounds. No fines were imposed on lawyers who had failed to appear. It appears that the local Bar never sanctioned any of the lawyers. The possibility of separating the proceedings concerning some of the co-accused persons was not envisaged. 27. As of November 2005 the criminal proceedings against the applicant are still pending at the trial stage without any progress being made within the last five years. 28. In the meantime, in June 2003 two of the accused persons who had been released on bail in 2001 were arrested on charges that they had committed an armed robbery in January 2003 using the same method of operation as that employed in respect of the 1994-95 robberies. 29. The applicant was detained pending trial on 20 January 1995. 30. On 12 September 1996 the applicant was convicted and sentenced to a term of imprisonment. On 9 February 1999 the Appellate Court set aside his conviction and sentence and remitted the case to the investigation stage. The applicant remained in pre-trial detention. 31. Between February 1999 and his release in 2001 the applicant submitted a number of appeals against detention. 32. His appeal of 14 June 1999 was dismissed on 13 July 1999 by the Regional Court which noted that the applicant had been charged with very serious crimes, that the authorities had been working on the case actively and that the case was complex as it concerned several accused persons, a number of criminal acts and victims who were foreigners. Therefore, the reasonable time requirement had not been breached. As to the applicant’s contention that the detention had become unjustified, there being allegedly no proof of any danger of his absconding or committing an offence, that argument was flawed, since under Article 152 § 2 of the Code of Criminal Procedure and the Supreme Court’s practice the relevant issue was whether there was proof of absence of any danger of the accused person’s absconding or committing an offence if released. No such proof existed in the applicant’s case. 33. On 25 August 1999 the Regional Court dismissed another appeal by the applicant against his detention. 34. In his renewed appeal of 11 January 2000 the applicant relied, inter alia, on the new provisions on pre-trial detention, as in force since 1 January 2000. Under those provisions detention was only justified if there was proof of a danger that the accused person might abscond or commit offences. 35. The appeal was examined by the Regional Court at a hearing on 20 January 2000. According to the applicant, the prosecutor was sitting next to the judges. 36. On 20 January 2000 the Regional Court dismissed the appeal. It found that the new provisions in force since 1 January 2000 did not require proof of a danger that the accused person would abscond or commit an offence. The fact that the applicant was charged with a serious offence was sufficient justification. 37. On 24 January 2000 the applicant appealed to the Appellate Court against the Regional Court’s decision of 20 January 2000. 38. The appeal was examined by the Appellate Court at a hearing on 27 January 2000. At the start of the hearing the applicant’s lawyer requested that the prosecutor should not be allowed to sit next to the judges and thus overhear remarks exchanged between the judges and observe their reactions. Furthermore, it could not be excluded that the judges, knowing that the prosecutor was listening, might not feel free in their decisions. In any event, the sight of the prosecutor sitting with the judges inevitably influenced the general perception of the proceedings and, in particular, could raise doubts as to the court’s independence and the equality between the parties. 39. The court rejected the lawyer’s objection, stating that the prosecutor’s physical place in the courtroom could not possibly affect the equality of the parties, which was a legal principle that was strictly observed. 40. The lawyer then requested the judges’ withdrawal, stating that they had demonstrated partiality by accepting to sit together with the prosecutor. That motion was also rejected. 41. On 27 January 2000 the Appellate Court dismissed the appeal. It stated that under the relevant law as it stood until 1 January 2000 pre-trial detention had been mandatory in all cases concerning serious offences, save in exceptional circumstances. No such exceptional circumstances existed in the applicant’s case: the charges concerned premeditated crimes committed by a group. Also, the nature of the offences and the manner in which they had been committed clearly pointed to a danger that the applicant might abscond or commit another offence if released. 42. According to the applicant, on 28 March 2000 he filed another appeal against his detention, reiterating his earlier arguments. No details as to its examination have been provided. 43. At the hearing on 11 December 2000 the applicant appealed against his detention. The Lovech Regional Court dismissed the appeal on the same day, stating that the case was very complex and that therefore the reasonable time requirement had not been breached. 44. Upon the applicant’s appeal, the Regional Court’s decision was upheld on 28 December 2000 by the Veliko Tarnovo Appellate Court. The court stated, inter alia:
“In accordance with Article 152 § 1 of the Code of Criminal Procedure, as it was worded at the time when the applicant was initially placed in pre-trial detention, the [relevant authority] is bound to impose pre-trial detention when the charges concerned a “serious offence” [within the meaning of the Penal Code], as in the applicant’s case. In such a case, as here, in accordance with Article 152 § 2 ... the real danger of the accused person’s absconding or committing an offence is presumed a priori. Therefore, the applicant’s complaint that it has not been established that there is a danger of him absconding or committing an offence is ill-founded.” 45. At the hearing on 12 February 2001 the applicant again requested to be released. That was refused on the same day by the Lovech Regional Court on the grounds that there were no new circumstances warranting release. The applicant appealed. 46. On 8 March 2001 the Appellate Court dismissed the appeal. It stated, inter alia, that the term “reasonable time” had to be interpreted with due regard to the particular circumstances of the case, that all adjournments had been inevitable and that the charges concerned offences that were particularly dangerous. The court also stated:
“The very fact that the [charges concern] the applicant’s participation in a criminal group which has committed numerous robberies on the road – [offences] punishable by more than ten years’ imprisonment – implies a danger of the applicant’s absconding or committing an offence. The case file does not contain proof to the contrary and, therefore, the only lawful measure of judicial control for the [applicant] is remand in custody”. 47. On 9 April 2001 the Lovech Regional Court decided to release the applicant on bail. No reasons were provided, except that by the same decision the court refused to release some of the other accused persons stating that the charges against them concerned a greater number of robberies. The amount of the recognisance was fixed at 4,000 Bulgarian levs (BGN). 48. The applicant appealed, considering that amount as excessive. On 27 April 2001 the Appellate Court rejected the appeal, reasoning that when examining an appeal against measures to secure appearance in court the appellate courts’ power was limited to setting aside the particular measure and substituting it with a measure of another type; they had no jurisdiction to modify the amount of the recognisance fixed by the lower court. 49. On 31 July 2001 the applicant paid the recognisance and was released. | [
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9. The applicants are all Turkish nationals. They were living in Elgazi village at the time of the alleged events giving rise to the present application. The facts of the case are in dispute between the parties and may be summarised as follows. 10. Until October 1994 the applicants all lived in Elgazi, a village of Ovacık district in Tunceli province, in the then state-of-emergency region of Turkey. In 1994, terrorist activity was a major concern in this area. Since the 1980s a violent conflict had been going on in the region between the security forces and sections of the Kurdish population in favour of Kurdish autonomy, in particular members of the PKK (Workers Party of Kurdistan). The inhabitants of the applicants’ village were suspected of “aiding and abetting terrorists”; and accordingly they were strictly and frequently controlled by the gendarmes stationed near the village. 11. On 4 October 1994 security forces surrounded Elgazi and assembled the inhabitants in the village square. Using curse words, they told the villagers that the village would be evacuated at once with no possibility of return. The applicants took what they were able to carry with them and left the village. Immediately after the evacuation, the soldiers set the houses and the crops on fire. 12. The applicants moved temporarily into a prefabricated State disaster housing complex close to Ovacık. 13. Following the incident, the applicants filed individual petitions with the Ovacık Public Prosecutor’s office complaining about the burning down of their village by gendarmes. The applicants noted their temporary addresses as the reply address for their petitions. 14. As the case concerned an investigation into alleged acts of the security forces, the Ovacık Public Prosecutor issued a decision of non‑jurisdiction and referred the petitions to the office of the District Governor in Ovacık in accordance with the Law on the Prosecution of Civil Servants (Memurin Muhakematı Kanunu). 15. The District Governor sent a letter to the Ovacık Gendarmerie Headquarters and requested information about the applicants’ allegations. 16. In a letter of 1 November 1994 the Gendarmerie Commander informed the District Governor that the security forces had not burned any house during their operations in the area. Accordingly, the Ovacık Administrative Council issued a decision to discontinue the criminal proceedings against the gendarmes. 17. On 25 October 1995 the Ovacık District Governor sent a letter to the applicants. Relying on the Ovacık Gendarmerie Commander’s letter of 1 November 1994, he explained that he was unconvinced by their allegations. He further explained that pursuant to the established case-law of the Supreme Administrative Court (Danıştay), no inquiry was possible unless the identity of the accused civil servant were specified. He therefore stated that the authorities would not initiate an investigation into the alleged events. 18. On 15 February 1996 the District Governor’s above letter was served upon one of the applicants Mehmet Yılmaz, who is the former mayor (muhtar) of the evacuated Elgazi village. The cover letter stated that the authorities were unable to find out the new addresses of the applicants and that therefore Mehmet Yılmaz, as the mayor of the village, had been required to forward it to the other petitioners. The applicants learned about the District Governor’s letter through their relatives and acquaintances at a much later stage. 19. In 1994 members of the PKK started a propaganda campaign for the organisation in the villages of Ovacık district. They kidnapped young men from these villages and forced them to join the organisation. The PKK militants issued threats against the villagers and harassed them. The inhabitants of the villages left their homes as a result of the pressure exerted by the PKK. 20. The investigation carried out by the authorities revealed that the applicants’ houses had not been burned by the security forces but by terrorists wearing military uniforms. In their statements to the investigating authorities, the applicants failed to indicate the identity of the perpetrators of the alleged crime. 21. The parties submitted various documents with a view to substantiating their claims. These documents, in so far as they are relevant, can be summarised as follows. 22. The Human Rights Foundation is a non-governmental organisation with its head office in Ankara, Turkey. Its 1993 Report stated that, from 1990 to 1993, more than 913 villages and hamlets had been evacuated. The 1993 Report maintained that village evacuations had accelerated in 1993, mostly targeting the villages whose inhabitants refused to serve as village guards. 23. The 1994 Report of the TIHV argued that the Government’s policy was to claim that the evacuations and eventual destructions were caused by PKK terror, poverty and the forces of nature. According to the same report, some 50 to 60 villages were burned down in each of the provinces subject to the emergency rule. 24. The 1995 Report maintained that more than 400 villages had been evacuated in 1995. According to the 1996 Report, the State-of-Emergency Regional Governor once mentioned that a total of 918 villages and 1,767 hamlets had been evacuated for various reasons, although never admitting that evacuations had been carried out by security forces. 25. The 1997 and 1998 Reports described the Government’s policy of evacuating villages as a systematic “internal security operation” applied throughout the 1990s.
(b) Excerpts from “Burned-down / Evacuated Villages and Migration”, a book published by the Human Rights Association 26. The excerpts gave a comprehensive list of burned-down and/or evacuated villages from February 1990 to January 1999. The list did not make any reference to Elgazi as having been evacuated and destroyed. 27. The excerpts contained several articles reproduced from a daily newspaper Ülkede Gündem, relating to the evacuation of villages and its detrimental effects on the displaced persons. The articles stressed that numerous villagers had filed petitions with the State authorities, complaining that their villages had been burned down by security forces. 28. The articles also emphasized that the Government’s public declarations, which appeared to allow displaced villagers to return to their villages, were unreliable. Whenever villagers had attempted to do so, they were physically denied access to their villages.
(c) The report of 14 January 1998 of the Turkish Grand National Assembly’s Commission of Inquiry on the measures to be taken in order to address the problems of the persons displaced following the evacuation of settlement units in east and south-east Anatolia 29. This report was prepared by a Commission of Inquiry composed of ten members of parliament. According to the report, in 1993 and 1994 the inhabitants of 905 villages and 2,923 hamlets were evicted and forced to move to other regions of the country (p.13). 30. The report included a statement by Mr Doğan Hatipoğlu, a former governor of Diyarbakır. Mr Hatipoğlu explained that, during his office, occasional village evacuations by military authorities were brought to his attention. He stated that – although very rarely – he had received complaints about village burnings. According to Mr Hatipoğlu, it was inconceivable to assert that all the villages were vacated due to PKK coercion. He alleged that the Government had failed to take the necessary measures for a healthy resettlement of displaced persons (p.13). 31. The report also referred to the “Human Rights Report – Turkey”, prepared and submitted to the Commission of Inquiry in 1995 by Mr Yavuz Önen, the chairman of the Human Rights Foundation. This latter report dedicated a chapter to immigrants and evacuated villages. It argued that, in 1995, the practice of evacuation of villages and hamlets was widespread. Many houses in villages were either destroyed or made uninhabitable. People were forced to emigrate from the region and pressure was exerted on the inhabitants until they left their villages. In early 1995 there was practically no village or hamlet inhabited except those whose inhabitants agreed to become village guards (p.19). 32. The report of the Commission of Inquiry also referred to the speech delivered at the Turkish Grand National Assembly by Mr Salih Yıldırım, a deputy from Şırnak, on 3 June 1997 on the question of evacuated villages. Mr Yıldırım stated, inter alia, that the villages were evacuated either by the PKK, in order to intimidate those who opposed it, by the authorities since they were unable to protect the villages, or because the inhabitants of those villages refused to become village guards or were suspected of having aided the PKK (p. 20). 33. In conclusion, it was recommended in the report that the inhabitants of the settlement units should be re-housed in the provinces, districts or central villages – rather than hamlets – close to the area where they used to live and that necessary economic measures should be taken with a view to providing employment to the inhabitants of the region, priority being given to the immigrants. 34. This report aims at establishing the property owned by each of the applicants. Having regard to the registers of the land registry office and municipality registry office, it appears that Kumri Yılmaz did not own any property. However, in 1990 the applicant declared to the authorities that he had owned a house and a stable each measuring 150 metres square. He was not involved in any commercial activity because he did not pay any taxes to the Government. 35. Yeter Yılmaz did not own any immovable property according property according to the land registry records. But according to his declaration in 1990 he claimed that he owned a house and a stable each measuring 150 metres square. He was not involved in any commercial activity because he did not pay any taxes to the Government. Mr Yılmaz received food, 10 sheep, a ram and TRL 340,000,000’s in aid from the Ovacık District Governor’s office. Furthermore, he lived in a house provided by the Government in the ‘disaster houses complex’. 36. Mehmet Yılmaz did not own any immovable property according property according to the land registry records. However, the records of the District Directorate of Agriculture in Ovacık indicated that he owned a land measuring 12,000 metres square, which could bring the applicant TRL 192,000,000’s annual income. According to his declaration in 1985 he claimed to have owned a house measuring 50 metres square, whereas in 1990 he declared that he owned a house and a stable each measuring 200 metres square. He was not involved in any commercial activity because he did not pay any taxes to the Government. Mr Yılmaz received food, 10 sheep, a ram and TRL 340,000,000’s in aid from the Ovacık District Governor’s office. 37. Memli Müldür died in 1997. There was no registered property with his title in the land registry records. Yet the records of the District Directorate of Agriculture in Ovacık indicated that he owned land measuring 10,500 square metres, which could bring the applicant TRL 168,000,000’s annual income. In 1982 he declared to the authorities that he owned land and a house measuring 1,850 and 100 square metres respectively. In his declaration of 1990 he claimed to have owned a house and a stable measuring 240 and 150 metres square. He received food, 10 sheep, a ram and TRL 340,000,000’s in aid from the Ovacık District Governor’s office. 38. Süleyman Müldür was not involved in any commercial activity given that he did not pay any tax to the Government. In his declaration of 1994 to the authorities of Ovacık he stated that he owned a house measuring 100 metres square, whereas in 1998 he claimed to have owned a house measuring 120 metres square. 39. Haydar Müldür did not own any immovable property according to the land registry records. In his declaration of 1998 he claimed to have owned a house measuring 120 metres square. Furthermore, he did not carry out any commercial activity given that he did not pay any tax to the Government. 40. Eyyüp Genç, did not own any immovable property according to the land registry records. However, the records of the District Directorate of Agriculture in Ovacık indicated that he owned land measuring 17,000 square metres, which could bring the applicant TRL 272,000,000’s annual income. According to his declaration in 1988 he claimed to have owned a land measuring 29,370 metres square. In his declarations of 1992 and 1994 he stated that he owned a house measuring 200 metres square. He was not involved in any commercial activity because he did not pay any taxes to the Government. Mr Genç received food, 10 sheep, a ram and TRL 170,000,000’s in aid from the Ovacık District Governor’s office. 41. İbrahim Genç, did not own any immovable property according to the land registry records. However, the records of the District Directorate of Agriculture in Ovacık indicated that he owned land measuring 12,000 square metres, which could bring the applicant TRL 192,000,000’s annual income. According to his declaration in 1986 he claimed to have owned land measuring 29,976 square metres. In his declaration of 1998 he stated that he owned a house measuring 200 metres square. He was not involved in any commercial activity because he did not pay any taxes to the Government. Mr Genç received food and TRL 51,000,000’s in aid from the Ovacık District Governor’s office. 42. Hasan Genç, did not own any immovable property according to the land registry records. The records of the District Directorate of Agriculture in Ovacık indicated that he owned land measuring 17,000 square metres, which could bring the applicant TRL 272,000,000’s annual income. According to his declaration in 1986 he claimed to have owned land measuring 29,976 square metres. In his declaration of 1994 he stated that he owned a house and a stable each measuring 200 metres square. He was not involved in any commercial activity because he did not pay any taxes to the Government. 43. Hasan Kerem died in 2001. Prior to his death, he did not own any immovable property according to the land registry records. However, the records of the District Directorate of Agriculture in Ovacık indicated that he owned land measuring 3,500 metres square, which could bring the applicant TRL 56,000,000’s annual income. According to his declaration in 1986 he claimed to have owned land measuring 8,674 metres square. In his declaration of 1998 he stated that he owned a house and a stable each measuring 200 metres square. He was not involved in any commercial activity because he did not pay any taxes to the Government. 44. Haydar Karakaya died in 2001. Prior to his death, he did not own any immovable property according to the land registry records. However, the records of the District Directorate of Agriculture in Ovacık indicated that he owned land measuring 16,500 square metres, which could bring the applicant TRL 264,000,000’s annual income. According to his declaration in 1986 he claimed to have owned land measuring 15,400 square metres. In his declaration of 1994 he stated that he owned a house and a stable measuring 300 and 200 metres square respectively. He was not involved in any commercial activity because he did not pay any taxes to the Government. 45. Dedeali Karakaya owned half of land measuring 24,702 square metres according to the land registry records. Furthermore the records of the District Directorate of Agriculture in Ovacık indicated that he owned land measuring 7,760 square metres, which could bring the applicant TRL 122,720,000’s annual income. According to his declaration in 1986 he claimed to have owned land and a house measuring 23,010 and 132 square metres respectively. In his declaration of 1994 he stated that he owned a house measuring 120 metres square. He was not involved in any commercial activity because he did not pay any taxes to the Government.
(b) Haydar Müldür and Haydar Karakaya and Mehmet Yılmaz’s statements dated 10-11 March 2004, taken by two gendarme officers 46. The witnesses are residents of Elgazi village. Their statements were taken in order to determine the situation of the applicants who had lodged an application with the Court. The witness stated that between 1994 and 2002 the applicants had lived in prefabricated houses in Kandolar neighbourhood of Ovacık. In 2002 they had moved into new houses built by the Government. At the relevant time nobody lived in Elgazi. There was no electricity, school or telephone in the village.
(c) Letter of 15 October 2002 from Ovacık District Governor to the applicants 47. In his letter, the District Governor informed the applicants that the authorities had been carrying out maintenance work to repair the infrastructure of the villages in the region. He noted that there was no obstacle for their return to the villages in Ovacık if the villagers wished to use their property.
(d) Letter of 1 November 1994 from the Ovacık District Gendarme Commander to the Chief Public Prosecutor’s office in Ovacık 48. Gendarme Major Yüksel Sönmez informed the Chief Public Prosecutor that the houses belonging to Cafer Karakaya, Nemli Münzül, Haydar Münzül, Süleyman Münzül and Haydar Karakaya in Elgazi village had been burned down by terrorists wearing military uniforms. In his opinion, the terrorists aimed at neutralising the security forces and creating hostility between the latter and the people in the region.
(e) Investigation report of 4 June 1995, prepared by police superintendent Bahri Üstüner 49. Following an investigation conducted into the allegations that State security forces had burned down houses in Elgazi village, the inspector established that the houses had not been burned down by the security forces but by terrorists wearing military uniforms. The terrorists had further forced the villagers to complain to the authorities that their houses had been burned down by the security forces. The inspector also noted that the security forces had been conducting operations in the region with a view to maintaining the security of the people and that therefore they would not burn villages or damage property. | [
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10. The applicants are all Turkish nationals. The Özkanlı family lived in Gözeler and the remainder of the applicants lived in Cevizlidere until the alleged incidents that gave rise to the applications. The applicants Mahmut Özkanlı, Beze Keser and Seydo Cila died on 17 May 1999, 12 December 1999 and 25 March 2005 respectively and their heirs pursued their applications. On 1 December 2002, another applicant, Zeliha Keser, died but her heirs have not expressed interest in pursuing her application. 11. The facts of the case are in dispute between the parties and may be summarised as follows. 12. Until 20 September 1994 the Özkanlı family lived in Gözeler, a village of Ovacık district in Tunceli province. The rest of the applicants lived in Cevizlidere village of the same district until 4 October 1994. 13. Since the 1980s security forces have continually intimidated the applicants, as the villagers were suspected of providing logistic support to terrorists. Seventeen villages in Ovacık, including the applicants’ villages, were considered to be suppliers of food to terrorists in the region. The villagers’ food was as a result rationed by the Gendarme Command of the district. The villages were under military control and access thereto was subject to prior permission from the Gendarme Station in the region. 14. The security forces came down to Gözeler on 20 September 1994 and to Cevizlidere on 4 October 1994. In each of the villages, they assembled the inhabitants in the village square and instructed them to leave the villages immediately. They also informed the inhabitants that their houses would be set on fire. The applicants left their villages, taking their animals and as many belongings as they could carry. The security forces subsequently set Cevizlidere on fire. Gözeler was not burned down. 15. On an unspecified date shortly after the evacuation of Gözeler, Mahmut Özkanlı filed a petition with the Ovacık District Governor’s office complaining that he and his family had been forced to leave their village. The authorities have not acted upon the petition and Mr Özkanlı has not received any response. 16. On 5 October 1994, the applicants from Cevizlidere lodged petitions with the Public Prosecutor’s Office in Ovacık, complaining of intimidation by the State security forces and the burning down of their houses. As the case concerned an investigation into alleged acts of the security forces, the prosecutor referred the petitions to the Ovacık District Governor’s Office in accordance with the Law on the Prosecution of Civil Servants (Memurin Muhakematı Kanunu). 17. The applicants first moved to Ziyaret village in Ovacık, where the Government provided them with public housing earmarked for disaster relief. After a while, the applicants sold their animals and belongings in order to provide for their livelihood. Finally, they moved out to live with their relatives in various cities in Turkey. 18. On 25 October 1995, the Ovacık District Governor replied to the applicants from Cevizlidere, by individual letters. Relying on a letter from the Ovacık Gendarmerie Commander dated 1 November 1994, the District Governor stated that no houses had been burned down by the security forces and that a prosecution had not been initiated since the perpetrators could not be identified. As the applicants had left their villages by then, the District Governor’s letters were served on the village mayor (muhtar) of Cevizlidere on 15 February 1996. 19. In early October 1993, members of the terrorist organisation PKK started to come down to the villages in Ovacık. They engaged in propaganda for the PKK and kidnapped young men to recruit them forcibly. 20. However, after a while these young men fled the organisation. The PKK also began to threaten the villagers who refused to provide food and supplies. As a result, most of the inhabitants left their villages as they feared the PKK’s retaliation. 21. In October 1994, PKK militants disguised as security forces attacked Cevizlidere and a neighbouring village, Işıkvuran, and burned down the houses and destroyed the harvest. They plundered everything in the houses. 22. Pressurised by the terrorists, sixty-three villagers from Cevizlidere, including the applicants, lodged complaints with the Public Prosecutor’s Office in Ovacık, alleging that their houses had been burned down by the security forces carrying out military operations in the area. As the complaints were against public officers, the prosecutor took a decision of non-jurisdiction pursuant to relevant laws and referred the case to the Ovacık Administrative Council of the Ovacık District Governor’s Office. 23. The Council appointed an investigator in order to question the villagers about their allegations. However, since Cevizlidere had been completely abandoned on the days following the terrorist attacks, the investigator was unable to find the villagers or take their statements. He therefore took statements from the inhabitants of neighbouring villages. One of the witnesses was Mr Rahmi Kızılçayır, the village mayor of Çat village in Ovacık, and stated on 17 October 1994:
“I am the village mayor of Çat village. (...) At the beginning of October 1994 the houses in our village were burnt down by the PKK for punishment reasons. Afterwards, they went around saying that the houses had been burnt down by security forces. In burning down our houses and making our lives miserable, the terrorists had one aim only: They were scared of the security forces who had arrived in Ovacık in large numbers. They sought the villagers’ help, asking for food and trying to convince them to join the PKK. As they found no support from the villagers, they burned down the houses saying ‘You wanted to leave this place anyway, so now you can go’. I talked about this event in public, in the market place of Ovacık and in front of the TV cameras. And now I am being harassed by the supporters of PKK. (...)” 24. Mr Maksut Şanlı from Gözeler stated, inter alia:
“At the beginning of October the TKP/TIKKO and PKK members began to burn down the villages in the district in retaliation for the villagers’ refusal to supply help, information and fighters to the organisation and, furious with the villagers’ attempts to flee the villages (...), they burned down the houses of some villagers. They sent their supporters to the city centre to spread the rumour about the security forces being the perpetrators of the incidents.” 25. Mr Mahmut Atlı from the Işıkvuran village stated, inter alia:
“What happened in our village happened in the neighbouring villages as well. If the PKK burned down those villages, then they probably burned down ours as well. It was [done by] a group of people wearing uniforms and holding guns. The terrorists wear uniforms too. This is the reason why we left our village.” 26. In view of these statements, the investigator concluded that the houses in Cevizlidere had been burned down by terrorists and not by the security forces. Accordingly, on 23 June 1995 the Ovacık Administrative Council decided not to initiate criminal proceedings against the security forces. 1. The documents submitted by the applicants
a) A copy of the Ovacık Public Prosecutor’s decision of non-jurisdiction, dated 9 December 1994 27. Upon the petitions of sixty-three Cevizlidere inhabitants, the Ovacık Public Prosecutor issued a decision of non-jurisdiction on 9 December 1994 and transferred the investigation file to the Ovacık District Governor’s Office pursuant to the Law on the Prosecution of Civil Servants.
b) A copy of the decision regarding the service on the village mayor of Cevizlidere in lieu of the applicants 28. On 15 February 1996, District Governor’s office delivered its response of 25 October 1995 to the village mayor in Cevizlidere, as the applicants had left their village by then.
c) Copies of letters dated 25 October 1995, sent by the Ovacık District Governor’s Office to the applicants from Cevizlidere 29. These letters, in identical language, informed the applicants from Cevizlidere that the investigations which had started upon their petitions would be discontinued as no evidence had been provided and that the alleged perpetrators could not have been identified.
d) The People’s Republican Party’s Tunceli Report of October 1996 30. This report gave an account of the visit made to Ovacık, Pertek and Hozat districts of Tunceli by four members of parliament representing the People’s Republican Party (CHP), from 22 to 24 October 1996. The report noted that starting from October 1994 a massive wave of forced evacuations had been launched. According to the report, this resulted in the evacuation of 184 out of 420 villages, 652 out of 1,179 hamlets in Tunceli. It was argued that the situation in Ovacık was particularly grave as 51 out of a total of 62 villages had been forcibly evacuated. The temporary housing provided by the Government was inadequate. It was therefore recommended that the “return to village” projects be accelerated and that the State attend accommodation and socioeconomic needs of the displaced persons.
e) Mazlum-Der’s Tunceli Report of September 1996 31. This report reflected the findings of a representative of Mazlum-Der, a human rights association in Turkey, during his visit in Tunceli from 11 to 13 September 1996. The report indicated that by 1995, a total of 168 Tunceli villages had been evacuated, 51 of them being in Ovacık.
f) The report of 14 January 1998 of the Turkish Grand National Assembly’s Commission of Inquiry on the measures to be taken to address the problems of the persons displaced following the evacuation of settlement units in east and south-east Anatolia 32. This report was prepared by a Commission of Inquiry composed of ten members of parliament. According to the report, in 1993 and 1994 the inhabitants of 905 villages and 2,923 hamlets were evicted and forced to move to other regions of the country (p.13). The number of people evicted from 90 villages and 225 hamlets in the province of Diyarbakır, where the Suçıktı village is located, was estimated to be around 50,371 (p.12). 33. The report included a statement by Mr Doğan Hatipoğlu, a former governor of Diyarbakır. Mr Hatipoğlu explained that, during his office, occasional village evacuations by military authorities were brought to his attention. He stated that – although very rarely – he had received complaints about village burnings. According to Mr Hatipoğlu, it was inconceivable to assert that all the villages were vacated due to PKK coercion. He alleged that the Government had failed to take the necessary measures for a healthy resettlement of displaced persons (p.13). 34. The report also referred to the “Human Rights Report – Turkey”, prepared and submitted to the Commission of Inquiry in 1995 by Mr Yavuz Önen, the chairman of the Human Rights Foundation. This latter report dedicated a chapter to immigrants and evacuated villages. It argued that, in 1995, the practice of evacuation of villages and hamlets was widespread. Many houses in villages were either destroyed or made uninhabitable. People were forced to emigrate from the region and pressure was exerted on the inhabitants until they left their villages. In early 1995 there was practically no village or hamlet inhabited except those whose inhabitants agreed to become village guards (p.19). 35. The report of the Commission of Inquiry also referred to the speech delivered at the Turkish Grand National Assembly by Mr Salih Yıldırım, a deputy from Şırnak, on 3 June 1997 on the question of evacuated villages. Mr Yıldırım stated, inter alia, that the villages were evacuated either by the PKK, in order to intimidate those who opposed it, by the authorities since they were unable to protect the villages, or because the inhabitants of those villages refused to become village guards or were suspected of having aided the PKK (p. 20). 36. In conclusion, it was recommended in the report that the inhabitants of the settlement units should be re-housed in the provinces, districts or central villages, rather than hamlets, close to the area where they used to live and that necessary economic measures should be taken with a view to providing employment to the inhabitants of the region, priority being given to the immigrants.
g) Petition dated May 1995, filed with the Prime Minister’s Office by the mayors of some of the villages in the districts of Hozat, Ovacık and Pertek in the province of Tunceli 37. This petition contained the collective complaints of the mayors about the village destruction and forced evictions carried out by the State security forces. The mayors alleged that security forces applied an extensive embargo on foodstuffs and essential commodities in the region. They asked the Prime Minister to take necessary measures to allow the villagers to return to their homes and land. They also requested that the damage they had suffered as a result of the destruction of property and the forced displacement be compensated and that some form of economic aid be provided.
h) A questionnaire filled out by Mahmut Özkanlı 38. Mahmut Özkanlı filled out a questionnaire –seemingly prepared by his lawyer– where he stated that his family had emigrated upon the security forces’ pressure. He indicated that the security forces had not tortured or ill‑treated them in any way but had threatened to set their house on fire and required them to vacate their house. Mr Özkanlı explained that he had sold his livestock and had left for Istanbul but later returned to Ovacık. 2. The documents submitted by the Government
a) Copies of the collective complaints filed by sixty-three petitioners, including the applicants from Cevizlidere, dated 11 October 1994 39. The applicants from Cevizlidere, together with fellow villagers, filed complaints with the Public Prosecutor’s Office in Ovacık. They stated that the security forces required them to vacate their houses right away. They further complained that they had been able to save very few domestic items before the security forces burned down their houses and harvest.
b) Witness statement of Mahmut Atlı dated 17 October 1994 40. The witness was a resident of the Işıkvuran village of Ovacık. According to him, on 2 October 1993 a group of PKK militants raided their village to pressurise the villagers into joining the organisation and providing food and supplies. That same day the militants abducted six young men in order to recruit them to the organisation. Two or three days later those young men fled from the PKK and eventually joined the Turkish army. To retaliate, the PKK militants in gendarme uniforms came back to Işıkvuran village on 6 October 1994 and burned down some of the houses. The witness added that similar incidents had taken place in most of the neighbouring villages in Ovacık.
c) Witness statement of Maksut Şanlı dated 17 October 1994 41. The witness, who is a resident of Gözeler, stated that since early October 1994, the TKP/TIKKO and the PKK had forced the Ovacık inhabitants to provide food and supplies, to shut down their businesses in the town bazaar and to organize separatist demonstrations. He added that upon the inhabitants’ non-compliance with those requirements, the terrorists had begun to burn down villages.
d) Witness statement of Rahmi Kızılçayır dated 17 October 1994 42. At the time of his statement, the witness was the village mayor of Çat village in Ovacık. Mr Kızılçayır stated, in particular, that in early October 1994 the PKK had burnt down the houses in his village to punish them for their refusal to join the organisation and to provide logistic support. He added that it was the terrorists who had forced them out of their villages.
e) A copy of the investigation report dated 5 June 1995 43. The report was prepared by a chief police officer, appointed by the Ovacık District Governor’s Office, upon the complaints of sixty-three villagers of Cevizlidere. Following his investigation, the officer concluded that the village had been burned down by PKK terrorists disguised in gendarme uniforms. The report also stated that the perpetrators had forced the villagers into blaming the security forces for the incident.
f) Decision of the Council on the Prosecution of Civil Servants (“CPCS”) dated 23 June 1995 44. As the alleged perpetrators could not be identified and in light of the investigation report of 5 June 1995, the CPCS in Ovacık decided not to initiate criminal proceedings against any member of the security forces.
g) Copies of twenty-eight decisions of non-jurisdiction issued by the Ovacık Public Prosecutor concerning the terrorist incidents between 1993 and 1996. 45. These decisions were taken by the Ovacık Public Prosecutor’s Office regarding various terrorist atrocities that the Ovacık inhabitants had reported. It appears that in each of these cases, the Ovacık prosecutor delivered a decision of non-jurisdiction in accordance with relevant laws and transferred the files to the prosecutor with jurisdiction. The incidents complained of included, among others, the raid of Işıkvuran village by the PKK and abduction of six young men in order to forcibly recruit them. Later, another petition informed the prosecutor that those young men had escaped, and to retaliate, the PKK had raided Işıkvuran once again and burned down the family homes of the escapees. 46. In another case, the prosecutor was informed that a group of PKK militants had burned down the houses of Cemal Cingöz and Şükrü Cingöz, two villagers from Ağaçpınar village of Ovacık, and had eventually murdered both men. The petitioners claimed that such terrorist attacks had been perpetrated in order to punish the families of those who had escaped from the organisation. 47. In yet another case, the villagers reported that the PKK had burned down schools in three Ovacık villages, namely, Tatusağı, Çakmaklı and Arel. 48. In all other decisions, the prosecutor described similar reported incidents of vandalism, sabotage, burning, abduction and killing by the PKK to punish the villagers in Ovacık for their refusal to join the organisation or to provide food and supplies.
h) Decision of non-jurisdiction issued by the Military Public Prosecutor attached to the Gendarmerie General Command in Ankara 49. In a decision of 29 July 1997, the Military Public Prosecutor in Ankara issued a decision of non-jurisdiction upon criminal complaints about disappearances and killings allegedly perpetrated by the security forces in Tunceli. Referring to a letter by the State-of-Emergency Regional Governor, the prosecutor noted that gendarme forces, along with commandos from the Bolu Brigade, had carried out military operations between 29 September and 31 October 1994 in the vicinities of Ovacık and Hozat. However, the prosecutor concluded that there was no evidence to conclude that the security forces had perpetrated the alleged crimes.
i) Administrative Court rulings dated 8 May 1998, awarding compensation to villagers whose village had been destroyed by terrorists 50. The Government supplied copies of forty decisions of the Administrative Court in Malatya awarding compensation to the inhabitants of Doludere village in Bingöl, subject to emergency rule at the time. It was indicated in the decisions that the claimants’ houses and belongings had been destroyed by the PKK. Relying on the doctrine of “social risk”, the Administrative Court found the Government liable for failing to foresee and prevent those terrorist attacks and awarded compensation to the claimants.
j) Letter from Ovacık District Governor to the Ovacık Public Prosecutor’s Office 51. In response to an earlier request for information by the prosecutor, the District Governor explained that there has never occurred any destruction of property or forced evacuation by military authorities in Gözeler village, which was subject to their military jurisdiction. The letter further clarified that Gözeler had been uninterruptedly inhabited and that they had not received any complaint from Gözeler inhabitants about incidents of destruction or evacuation.
k) A copy of the relevant page of the birth register regarding Zeliha Keser 52. The copy shows that Ms Zeliha Keser, one of the applicants, died on 1 December 2002.
l) A copy of the official record dated 28 July 2003 regarding the habitation in Cevizlidere 53. On 24 July 2003, gendarme officers visited Cevizlidere to examine habitation conditions there. They observed that one of the applicants, Cemal Cila and his family, lived there permanently. The officers also established that five of the applicants, namely Cansa Özgül, Diyap Çılgın, Munzur Al, Saycan Keskin, Kerem Keser and Emirali Keskin and their families, temporarily resided in Cevizlidere. 54. The record, signed by the mentioned applicants to approve of its content, indicated that Cevizlidere was open to resettlement and there was no hindrance for the applicants to return thereto. It was also indicated that everybody could easily go in and out of the village by informing the gendarme station.
m) Witness statements of six of the applicants, dated 30 July 2003 55. On 30 July 2003, six of the applicants from Cevizlidere, namely, Diyap Çılgın, Saycan Keskin, Kerem Keser, Cansa Özgül, Cemal Cila and Munzur Al gave witness statements to security forces regarding Mahmut Keser’s whereabouts at the time of the alleged incidents. They maintained in their concordant statements that long before the 1994 incidents Mahmut Keser had left Cevizlidere for Germany. The witnesses also stated that Mahmut Keser’s mother and sister had left the village in 1994 due to terrorist incidents and moved to Ovacık. They explained that there was no hindrance for the villagers to go in and out of the village and to cultivate their lands.
n) A copy of the official record regarding some of the applicants’ refusal of Government aid 56. This record was provided by security authorities to demonstrate that on 11 August 2003, six of the applicants from Cevizlidere, namely, Diyap Çılgın, Saycan Keskin, Kerem Keser, Cansa Özgül, Cemal Cila and Munzur Al, were offered construction material and monetary aid within the framework of the Government’s “Return to the Villages and Rehabilitation Project”. According to the record, the applicants refused to accept the aid and declined to put their refusal into writing by signing the record.
o) Statement of Kali Türemez, dated 28 August 2003 57. The witness is a resident of Gözeler. He stated that the Gözeler inhabitants, including the Özkanlı family, had left Gözeler in 1994 upon the mounting pressure exerted by the PKK, not by the security forces. The witness added that following Mahmut Özkanlı’s death, his heirs, Hüri Özkanlı and her children, had returned to their family house in Gözeler, repaired it and resumed their residence.
p) Statement of Ali Kadir Türemez, dated 29 August 2003 58. The witness is a resident of Gözeler. He gave a statement which confirmed in all respects that of Kali Türemez.
r) Statement of Ali Çakmaz, dated 1 September 2003 59. The witness is a resident of Havuzlu village in Ovacık. He stated that he was familiar with the Özkanlı family and the incidents which had occurred in Gözeler as his village had previously been connected to Gözeler. He explained that the inhabitants of Gözeler, including Mahmut Özkanlı and his family, had left their village as a result of terrorist acts of the PKK. He further stated that Mahmut Özkanlı’s heirs had returned to their family home in Gözeler. | [
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4. The applicant was born in 1954 and lives in İstanbul. 5. On 14 December 1995 the Kocaeli Provincial Private Administration Office (Kocaeli İl Özel İdare Müdürlüğü) expropriated a plot of land belonging to the applicant. A committee of experts assessed the value of the plot and the relevant amount was paid to her when the expropriation took place. 6. Following the applicant’s request for increased compensation, on 20 February 1998 the Gebze Civil Court of First-instance awarded her an additional compensation of 3,189,159,368 Turkish liras (TRL) plus interest at the statutory rate applicable at the date of the court’s decision. 7. On 24 November 1998 the Court of Cassation upheld the judgment. 8. On 2 March 1999 the Court of Cassation rejected the applicant’s request for rectification. 9. On 6 October 1999 the Kocaeli Provincial Private Administration paid the amount of TRL 7,049,472,900 to the applicant, interest included. 10. On 13 September 1999 the applicant lodged an application with the Court. 11. After the application was communicated to the Government, the applicant was requested to submit her observations on the merits of the case and also her just satisfaction claims until 9 September 2004. However, she failed to submit her observations within the required time-limit. She did not request any extension of time, either. 12. By registered letter of 29 May 2005 the applicant was informed that the Court had not received her observations and just satisfaction claims and that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. 13. On 7 June 2005 the applicant submitted her observations on the merits of the case. However, she failed to submit her claims for just satisfaction. | [
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8. The applicants Ms Layihe Biç, Mr Resul Biç, Ms Zehra Biç and Ms Hamdiye Biç, were born in 1962, 1982, 1984 and 1993 respectively and live in the village of Yukarıharım, attached to the province of Diyarbakır. 9. On 13 October 1993 İhsan Biç was arrested by security forces in Bismil on suspicion of having participated in an attack on a military convoy, organised by the PKK. In his statement to the gendarmes, he confessed to being a member of the PKK and having participated in the attack against the military convoy. 10. On 8 November 1993 İhsan Biç was brought before the public prosecutor. The same day he was brought before the investigating judge at the Diyarbakır State Security Court, who subsequently ordered his detention on remand. İhsan Biç was accordingly sent to Batman prison. 11. On 1 December 1993 the public prosecutor initiated criminal proceedings against İhsan Biç in the Diyarbakır State Security Court. In his indictment, he accused him of membership of an illegal organisation, of aiding and abetting the members of this organisation and of having participated in an attack that had been aimed against the security forces. He asked the court to sentence him under Article 125 of the Criminal Code. 12. On 19 September 1995 the Diyarbakır State Security Court concluded that there was insufficient evidence to prove that İhsan Biç had taken part in any armed attack, but found him guilty of membership of an illegal organisation. He was accordingly sentenced to twelve years and six months’ imprisonment pursuant to Article 168 § 2 of the Criminal Code. The court further ordered his transfer to the Diyarbakır Prison. 13. On 25 September 1995 İhsan Biç appealed. 14. On 2 October 1996 the Court of Cassation quashed the decision of the State Security Court and sent the case file back for re-examination. 15. The proceedings recommenced before the Diyarbakır State Security Court. The first-instance court decided to keep İhsan Biç in detention on remand during the course of the trials. While the proceedings continued, İhsan Biç was twice operated upon a stomach complaint. At a later date, he was also diagnosed with hepatitis B and subsequently died in the hospital on 9 October 1999 due to liver cirrhosis. 16. The Diyarbakır State Security Court decided to discontinue the criminal proceedings against İhsan Biç after his death. | [
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9. The applicants are all Turkish nationals. They were living in Tepsili village at the time of the alleged events giving rise to the present application. In a letter dated 6 July 2001 the applicants’ lawyers informed the Court that one of the applicants, namely Ali Artun, had died on 9 August 2000 and that his heirs Selvi Artun, Kemal Artun, Kenan Artun, Ercan Artun, Himet Artun wished to pursue the application. Hıdır Sevim also died on 24 January 2005 and his heirs named Ali Sevim to pursue the application on their behalf. The facts of the case are in dispute between the parties and may be summarised as follows. 10. Until October 1994 the applicants all lived in Tepsili, a village of Ovacık district in Tunceli province, in the then state-of-emergency region of Turkey. In 1994, terrorist activity was a major concern in this area. Since the 1980s a violent conflict had been going on in the region between the security forces and sections of the Kurdish population in favour of Kurdish autonomy, in particular members of the PKK (Workers’ Party of Kurdistan). The inhabitants of the applicants’ village were suspected of “aiding and abetting terrorists”; and accordingly they were strictly and frequently controlled by the gendarmes stationed near the village. 11. On 3 October 1994 security forces surrounded Tepsili and assembled the inhabitants in the village square. Using curse words, they told the villagers that the village would be evacuated at once with no possibility of return. The applicants took what they were able to carry with them and left the village. Immediately after the evacuation, the soldiers set the houses and the crops on fire. 12. Ali Artun, Mazlum Altun, Zeynel Güloğlu and Hıdır Sevim moved temporarily into a prefabricated State disaster housing complex close to Ovacık, while Sinan Güloğlu moved to Çakmaklı village. 13. Following the incident, the applicants filed individual petitions with the Ovacık Public Prosecutor’s office complaining about the burning down of their village by gendarmes. The applicants noted their temporary addresses as the reply address for their petitions. 14. As the case concerned an investigation into alleged acts of the security forces, the Ovacık Public Prosecutor issued a decision of non‑jurisdiction and referred the petitions to the office of the District Governor in Ovacık in accordance with the Law on the Prosecution of Civil Servants (Memurin Muhakematı Kanunu). 15. The District Governor sent a letter to the Ovacık Gendarmerie Headquarters and requested information about the applicants’ allegations. 16. In a letter of 1 November 1994 the Gendarmerie Commander informed the District Governor that the security forces had not burned any house during their operations in the area. Accordingly, on 9 December 1994 the Ovacık Administrative Council issued a decision to discontinue the criminal proceedings against the gendarmes. 17. On 25 October 1995 the Ovacık District Governor sent a letter to the applicants. Relying on the Ovacık Gendarmerie Commander’s letter of 1 November 1994, he explained that he was unconvinced by their allegations. He further explained that pursuant to the established case-law of the Supreme Administrative Court (Danıştay), no inquiry was possible unless the identity of the accused civil servant were specified. He therefore stated that the authorities would not initiate an investigation into the alleged events. 18. On 15 February 1996 the District Governor’s above letter was served upon one of the applicants Ali Artun, who is the former mayor (muhtar) of the evacuated Tepsili village. The cover letter stated that the authorities were unable to find out the new addresses of the applicants and that therefore Ali Artun, as the mayor of the village, had been required to forward it to the other petitioners. The applicants learned about the District Governor’s letter through their relatives and acquaintances at a much later stage. 19. In 1994 members of the PKK started a propaganda campaign for the organisation in the villages of Ovacık district. They kidnapped young men from these villages and forced them to join the organisation. The PKK militants issued threats against the villagers and harassed them. The inhabitants of the villages left their homes as a result of the pressure exerted by the PKK. 20. The investigation carried out by the authorities revealed that the applicants’ houses had not been burned by the security forces but by terrorists wearing military uniforms. In their statements to the investigating authorities, the applicants failed to indicate the identity of the perpetrators of the alleged crime. 21. The parties submitted various documents with a view to substantiating their claims. These documents, in so far as they are relevant, can be summarised as follows. 22. The applicants, Sinan Güloğlu, Süleyman Ersiz, Mazlum Artun, Zeynel Güloğlu and Ercan Artun submitted a protocol dated 29 June 2001 in which they claimed that Zeynel Güloğlu had suffered financial damages because of the destruction of his beehives and 1,000 kilograms of honey in Tepsili village.
(b) Annual Reports of the Human Rights Foundation (“the TIHV”) 23. The Human Rights Foundation is a non-governmental organisation with its head office in Ankara, Turkey. Its 1993 Report stated that, from 1990 to 1993, more than 913 villages and hamlets had been evacuated. The 1993 Report maintained that village evacuations had accelerated in 1993, mostly targeting the villages whose inhabitants refused to serve as village guards. 24. The 1994 Report of the TIHV argued that the Government’s policy was to claim that the evacuations and eventual destructions were caused by PKK terror, poverty and the forces of nature. According to the same report, some 50 to 60 villages were burned down in each of the provinces subject to the emergency rule. 25. The 1995 Report maintained that more than 400 villages had been evacuated in 1995. According to the 1996 Report, the State-of-Emergency Regional Governor once mentioned that a total of 918 villages and 1,767 hamlets had been evacuated for various reasons, although never admitting that evacuations had been carried out by security forces. 26. The 1997 and 1998 Reports described the Government’s policy of evacuating villages as a systematic “internal security operation” applied throughout the 1990s.
(c) Excerpts from “Burned-down / Evacuated Villages and Migration”, a book published by the Human Rights Association 27. The excerpts gave a comprehensive list of burned-down and/or evacuated villages from February 1990 to January 1999. The list did not make any reference to Tepsili as having been evacuated and destroyed. 28. The excerpts contained several articles reproduced from a daily newspaper Ülkede Gündem, relating to the evacuation of villages and its detrimental effects on the displaced persons. The articles stressed that numerous villagers had filed petitions with the State authorities, complaining that their villages had been burned down by security forces. 29. The articles also emphasized that the Government’s public declarations, which appeared to allow displaced villagers to return to their villages, were unreliable. Whenever villagers had attempted to do so, they were physically denied access to their villages.
(d) The report of 14 January 1998 of the Turkish Grand National Assembly’s Commission of Inquiry on the measures to be taken in order to address the problems of the persons displaced following the evacuation of settlement units in east and south-east Anatolia 30. This report was prepared by a Commission of Inquiry composed of ten members of parliament. According to the report, in 1993 and 1994 the inhabitants of 905 villages and 2,923 hamlets were evicted and forced to move to other regions of the country (p.13). 31. The report included a statement by Mr Doğan Hatipoğlu, a former governor of Diyarbakır. Mr Hatipoğlu explained that, during his office, occasional village evacuations by military authorities were brought to his attention. He stated that – although very rarely – he had received complaints about village burnings. According to Mr Hatipoğlu, it was inconceivable to assert that all the villages were vacated due to PKK coercion. He alleged that the Government had failed to take the necessary measures for a healthy resettlement of displaced persons (p.13). 32. The report also referred to the “Human Rights Report – Turkey”, prepared and submitted to the Commission of Inquiry in 1995 by Mr Yavuz Önen, the chairman of the Human Rights Foundation. This latter report dedicated a chapter to immigrants and evacuated villages. It argued that, in 1995, the practice of evacuation of villages and hamlets was widespread. Many houses in villages were either destroyed or made uninhabitable. People were forced to emigrate from the region and pressure was exerted on the inhabitants until they left their villages. In early 1995 there was practically no village or hamlet inhabited except those whose inhabitants agreed to become village guards (p.19). 33. The report of the Commission of Inquiry also referred to the speech delivered at the Turkish Grand National Assembly by Mr Salih Yıldırım, a deputy from Şırnak, on 3 June 1997 on the question of evacuated villages. Mr Yıldırım stated, inter alia, that the villages were evacuated either by the PKK, in order to intimidate those who opposed it, by the authorities since they were unable to protect the villages, or because the inhabitants of those villages refused to become village guards or were suspected of having aided the PKK (p. 20). 34. In conclusion, it was recommended in the report that the inhabitants of the settlement units should be re-housed in the provinces, districts or central villages – rather than hamlets – close to the area where they used to live and that necessary economic measures should be taken with a view to providing employment to the inhabitants of the region, priority being given to the immigrants. 35. This report was prepared by Şahin Özyurt who is an investigator for human rights abuses. It aims at establishing the property owned by each of the applicants. It appears that Ali Artun owned land measuring 16,234 square metres from which he could derive 128,000,000 Turkish liras’ (TRL) annual income at the relevant time. Total value of his property was TRL 470,000,000. Mr Artun was not subscribed to TEDAŞ, meaning that he did not have electricity at home. According to the official records, he did not have any commercial activity given that he did not pay any tax before 1994. 36. Mazlum Artun owned 17,406 square metres of land according to the land registry records. It was estimated that he could derive TRL 224,000,000 annual income at the relevant time. The value of his property was estimated around TRL 826,000,000. It further appeared that he owned a “green card” given to very poor people for medical care and that he received TRL 3,000,000 from the Ovacık District Governor’s office for his treatment. 37. Hıdır Sevim owned a total of 26,520 square metres of land according to the land registry records. It was estimated that he could derive TRL 224,000,000’s annual income at the relevant time. The value of his property was estimated around TRL 400,000,000. It further appeared that he did not have any “private forest” as alleged, but was only allowed to do timber felling. Such privilege was only given to poor people who do not have sufficient income. 38. Sinan Güloğlu lived in Çakmaklı village of Ovacık. He owned 625 square metres of land according to the land registry records. He did not live in Tepsili but only had beehives there. He received a flock of sheep and TRL 176,000,000 in aid from the Ovacık District Governor’s office. Since 13 May 1999 he also had a green card. 39. Zeynel Güloğlu also lived in Çakmaklı village of Ovacık. He owned a total of 992 square metres of land according to the land registry records. He was living in the house of Musa Arat as a tenant and had beehives in Tepsili. He received TRL 75,000,000 in aid from the Ovacık District Governor’s office. Since 15 January 2004 May 1999 he had a green card.
(b) Seyit Ali Aktaş’s statements dated 10 March 2004, taken by two gendarme officers 40. The witness is a resident of Tepsili village. His statements were taken in order to determine the situation of Ali Artun and Hıdır Sevim who had lodged an application with the Court. The witness stated that the village had been evacuated on account of terrorist activities and lack of security in the region. The villagers all moved to other villages or provinces and at the relevant time nobody lived in Tepsili. The houses in the village had fallen into ruin because of natural forces. There was no electricity, school or telephone in the village. Ali Artun left the village and moved to Istanbul where he died in 2000. Hıdır Sevim moved to Genze district of Izmit province where he lives with his family.
(c) Joint statements by Hıdır Güloğlu and Seyit Ali Aktaş, taken on 10 March 2004 by two gendarme officers 41. The witnesses Hıdır Güloğlu and Seyit Ali Aktaş are inhabitants of Çakmaklı and Tepsili villages, respectively. They stated that the applicant Sinan Güloğlu did not reside but had beehives in Tepsili. Nor did he have any land in Tepsili. They further claimed that Sinan Güloğlu currently lived in Çakmaklı, which village had an open road, water, electricity and telephone services. 42. As regards the applicant Zeynel Güloğlu, the witnesses noted that he lived in the house of Musa Arat as a tenant in Tepsili but that he did not own any land in the village. He earned his living by stockbreeding. The witnesses also stated that Zeynel Güloğlu currently lived in Kandolar neighbourhood of Ovacık district. | [
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9. On 10 June 1996 the Plovdiv Regional Prosecutor’s Office, acting pursuant to a report from the state financial control authorities, which had audited a company whose chairperson the applicant had been, and reports by the economic police and by the company’s trustee in bankruptcy, decided to open criminal proceedings against the applicant. At that time the applicant was living in the United States of America, where he had arrived on 30 October 1995. 10. On 20 June 1996 the applicant was charged in his absence with misappropriation of funds in large amounts, contrary to Article 203 § 1 in conjunction with Article 201 of the Criminal Code (“the CC”)(see paragraph 69 below). It was alleged that in March 1994, when he had been the chairperson of the board of directors of the above‑mentioned company, he had misappropriated 792,000 Swiss francs. Reasoning that the applicant was accused of a “serious” offence (see paragraph 73 below) and that he had gone into hiding, the investigator in charge of the case decided that, once apprehended, the applicant should be placed in pre‑trial detention. This decision was approved by the prosecutor in charge of the case. 11. The applicant averred that, after having been notified by relatives that the Bulgarian media were circulating information that criminal proceedings had been opened against him and that he was wanted by the authorities, and after reading copies of newspapers brought by his wife in October 1996, he decided to return to Bulgaria. 12. The applicant arrived at Sofia airport on 25 October 1996 and was immediately arrested, questioned and brought to the detention centre at the Plovdiv Regional Investigation Service. 13. The following day, 26 October 1996, the applicant was apprised of the charges against him by an investigator and was questioned. The investigator confirmed the order for his detention pending trial. 14. On an unspecified date the applicant’s lawyer requested the Plovdiv Regional Prosecutor’s Office to release the applicant, arguing that there was not enough evidence to prove that the applicant had committed an offence. 15. The Plovdiv Regional Prosecutor’s Office denied the request in a decision of 21 February 1997. It reasoned that, since the applicant had been charged with a serious intentional offence, he had to remain in custody, as mandated by Article 152 § 1 of the Code of Criminal Procedure (“the CCrP”)(see paragraphs 72‑75 below). The exception provided for by paragraph 2 of that Article was not applicable, because the applicant could jeopardise the investigation in view of the number of impending investigative steps. The issues whether there was enough evidence to sustain the charges against the applicant and whether the applicant had committed other offences would arise after the conclusion of the investigation. 16. The applicant’s lawyer appealed to the Chief Prosecutor’s Office, contending that there was no risk of the applicant absconding, committing an offence, or jeopardising the investigation. In particular, the applicant had returned from abroad of his own accord, despite the fact that he had known that a criminal investigation had been pending against him. 17. The Chief Prosecutor’s Office dismissed the appeal in a decision of 3 April 1997. It reasoned that in view of the rule of Article 152 § 1 of the CCrP the applicant had to remain in custody. There was nothing to indicate that the applicant came within the exception provided for in paragraph 2 of that Article. In particular, no medical reports indicating bad health of the applicant had been submitted. 18. On 26 April 1997 the applicant’s lawyer filed with the Plovdiv Regional Prosecutor’s Office a request for his release. 19. On 3 May 1997 the applicant was also charged with abuse of office, contrary to Article 282 § 1 of the CC (see paragraph 70 below), in the context of a new investigation against him, and his pre‑trial detention was confirmed. 20. On 6 May 1997 the Plovdiv Regional Prosecutor’s Office decided to release the applicant on bail. It reasoned that the full elucidation of the facts of the case necessitated the questioning of a witness who had absconded and was impossible to find. Hence the proceedings against the applicant had to be stayed pending the apprehending and the questioning of the witness. The applicant’s continued detention was therefore unwarranted and he was to be released against giving an undertaking to not leave town. Concerning the measure to secure appearance in the second proceedings against the applicant, the offence with which he had been charged – abuse of office – was not “serious” within the meaning of Article 93 § 7 of the CC (see paragraph 73 below) and detention was therefore not mandatory under Article 152 § 1 of the CCrP. The applicant could thus be released on bail. 21. The applicant paid the bail on 6 May 1997 and was released the same day. 22. It seems that almost no investigative actions were performed between 1997 and 2001. 23. On 27 July 2001 the criminal proceedings against the applicant were stayed by decision of the Plovdiv Regional Prosecutor’s Office. It reasoned that it was necessary to question two witnesses whose whereabouts were unknown. The proceedings were to be resumed immediately after the two witnesses were tracked down. 24. On 17 September 2003 the Plovdiv Regional Prosecutor’s Office dropped the charges under Article 203 § 1 of the CC, reasoning that, as certain witnesses could not be found and questioned, these charges could not be proven. It seems that the proceedings relating to the charges under Article 282 § 1 of the CC continued, and, as of the date of the latest information from the parties (31 January 2005), were still pending. 25. From the day of his arrest on 25 October 1996 until he was released on 6 May 1997 the applicant was kept in the detention facility of the Plovdiv Regional Investigation Service. 26. There the applicant was held in a cell measuring twenty square metres, which he had to share with three other persons during most of the time. There were no beds and the detainees had to sleep on the cement floor, which they covered with dirty blankets. During the six months and twelve days that the applicant spent in the cell the blankets were allegedly not changed or washed. The cell was illuminated by a single electric bulb. There was no window or access to sunlight. The airing of the cell was apparently very poor. During the winter the temperature in the cell was approximately 10‑12 degrees Celsius. 27. Food, the quantity and quality of which were, according to the applicant, very insufficient, was served without cutlery, in plastic mugs which were apparently not washed between meals. It seems, however, that the applicant was able to have food brought from the outside. 28. The applicant, as the other detainees, was allowed to go out of the cell for two to three minutes twice a day – in the morning and in the late afternoon – to go to the toilet. During the remaining time the detainees had to relieve themselves in a plastic bucket kept in the cell. They had to empty the bucket and clean it themselves when leaving the cell to use the sanitary facilities. 29. No possibility for spending time in the open or for physical exercise was provided. The detainees could only leave the cell when they received visits, were taken for questioning, or were taken to court. 30. The applicant submits that there were periods of up to thirty or forty days during which he was not allowed to bathe. According to the Government, detainees were allowed to bathe once a week. 31. In an action brought by a person detained in the same detention facility at the same time as the applicant, the Plovdiv Court of Appeals stated that the conditions in the facility were “a manifestation of cruel, inhuman and humiliating treatment, contrary to the absolute prohibition of ... Article 3 of the Convention”. 32. Shortly after his release, on 22 July 1997, the applicant filed an action against the National Investigation Service under the State Responsibility for Damage Act (see paragraphs 76‑80 below). He alleged that the conditions of his detention had constituted inhuman and degrading treatment, imputable to the defendant which was in charge of the administration of pre‑trial detention facilities, and claimed 4,000,000 old Bulgarian levs (BGL)[1] as compensation for non‑pecuniary damage: pain, suffering and loss of self-respect. He described in detail the conditions of his detention and submitted that they had not been the result of a bias of the authorities against him, but an objective fact which had negatively affected all detainees for lengthy periods of time. These conditions had been violative of, inter alia, Article 3 of the Convention and Article 10 § 1 of the International Covenant on Civil and Political Rights of 1966. 33. The Plovdiv District Court held its first hearing in the case on 15 October 1997. It declared the action admissible, instructed the applicant that he bore the burden of proof and invited him to produce evidence in support of his claim. It also invited the defendant and a prosecutor, who participated as a “special party” to the proceedings, to present their observations. 34. The next hearing took place on 18 December 1997. The applicant requested that the director of the National Investigation Service be summoned as a witness and that an on‑the‑spot inspection be carried out in the detention facility and asked for leave to call four witnesses to prove the non‑pecuniary damage the applicant had sustained as a result of the conditions of his detention. Counsel for the National Investigation Service requested that the applicant appear in person to testify about the facts laid out in his statement of claim. She also requested that the Ministry of Finance be added as a defendant. The applicant insisted that the proper defendant was solely the National Investigation Service. The court ordered the applicant to appear for questioning. It denied the request to summon the director of the National Investigation Service, holding that the facts could properly be established through other evidence. It also denied the request for an on‑the‑spot inspection, holding that almost a year had elapsed since the applicant had been released and that the current state of the detention facility could not be used as a basis for establishing its state at the time when the applicant was kept there. The court gave the applicant leave to call three witnesses. It denied the request to add the Ministry of Finance as a defendant, holding that the entity against which the action had been brought was the National Investigation Service. 35. By an order made in private on 23 January 1998 the court held that the complaint had been improperly characterised by the applicant as one under the State Responsibility for Damage Act. It held that the proper legal characterisation was under general tort law. Accordingly, in order for the proceedings to continue the applicant had to pay the requisite court fee (four per cent of the amount claimed, i.e. BGL 160,000) within seven days. 36. The applicant did not pay the fee and the court discontinued the proceedings by an order of 12 March 1998. 37. On 27 March 1998 the applicant appealed against the order to the Plovdiv Regional Court. 38. On 29 June 1998 the Plovdiv Regional Court quashed the order and remitted the case to the Plovdiv District Court for continuation of the proceedings, holding that the proper legal characterisation of the facts alleged by the applicant was under the State Responsibility for Damage Act. 39. The next hearing before the Plovdiv District Court was listed for 2 November 1998, but was adjourned because of the improper summoning of the defendant. 40. On 15 December 1998 the applicant requested that the National Investigation Service be replaced as a defendant by the Plovdiv Regional Investigation Service and that the Ministry of Justice be added as a second defendant in view of legislative changes whereby the National Investigation Service was liquidated and the administration of the pre‑trial detention facilities was transferred from the National Investigation Service to the Ministry of Justice. 41. On 8 December 1998 the applicant requested an expert opinion on the hygienic and sanitary conditions in the detention facility. 42. The next hearing took place on 16 December 1998. The court granted the applicant’s request to replace the defendant and add a new defendant and adjourned the proceedings for 4 February 1999 in order to allow the new defendant to prepare. 43. The next hearing was held on 4 February 1999. The prosecutor did not appear. Noting that there was no indication that the prosecutor had been duly summoned, the court decided to adjourn the case. On the motion of the applicant the court struck out the Plovdiv Regional Investigation Service as a defendant. 44. On 9 March 1999 the applicant requested that the Ministry of Finance be added as a defendant, arguing that this was necessary in view of the unclear regulation of the succession between the National Investigation Service and the Ministry of Justice as regards the administration of the pre‑trial detention facilities. 45. The next hearing was held on 10 March 1999. The court questioned one witness called by the applicant who testified about the conditions in the detention facility. The applicant reiterated his request for an expert report and asked leave to call two more witnesses. The court stated that it would rule on all motions in private. 46. By an order made in private on 17 March 1999 the court denied the request for adding the Ministry of Finance as a defendant, holding that the facts alleged in the statement of claim did not point to a cause of action against it. It allowed the request for an expert opinion and invited the Plovdiv Hygienic and Epidemiologic Inspection to designate an expert who could draw up a report on the conditions in the detention facility. 47. The next hearing, scheduled for 26 April 1999, failed to take place because of the improper summoning of the Ministry of Justice. 48. On 27 April 1999 the applicant requested the court to revoke its order of 17 March 1999 as regards the refusal to add the Ministry of Finance as a defendant. 49. The next hearing took place on 7 June 1999. The court denied the applicant’s request to revoke its order, holding that the Ministry of Finance had nothing to do with the subject‑matter of the case before it. The court invited the applicant to call the allowed witnesses. Pursuant to the motion of the defendant, the court also ordered the applicant to indicate specifically which government bodies and officials had, through their actions or omissions, caused the alleged damage. 50. The court, sitting in private on 6 July 1999, appointed an expert to draw up a report on the hygienic and epidemiological conditions in the detention facility. 51. A hearing listed for 20 September 1999 was adjourned because the judge in charge of the case was on sick leave. 52. The next hearing was held on 2 November 1999. The expert informed the court that she could not draw up the requested report. The court gave leave to the Ministry of Justice to call one witness and replaced the expert. The court also instructed the applicant to rectify his statement of claim within seven days, holding that he had not specified which illegal actions or omissions of which officials had occasioned the damage he alleged to have sustained. 53. On 11 November 1999 the applicant indicated that the officials allegedly responsible for these conditions were “the administration of the National Investigation Service”. Expressing his surprise that the court had not found this alleged omission in the statement of claim until the eighth hearing, the applicant requested that the judge withdraw from the case, averring that her conduct denoted bias against him. 54. By an order of 18 November 1999 the court denied the request for withdrawal, holding that it had power to instruct the plaintiff to rectify its statement of claim during the entire duration of the proceedings before it and its having done so was not indicative of bias, but fully compliant with the rules of procedure. The court also discontinued the proceedings, holding that the applicant had not complied with its instructions to indicate the officials responsible for the conditions in the pre‑trial detention facility and their exact allegedly illegal actions or omissions. 55. On 2 December 1999 the applicant appealed against the order for the discontinuation of the proceedings. 56. On 1 March 2000 the Plovdiv Regional Court quashed the order and remitted the case, holding that the proper defendant in proceedings under the State Responsibility for Damage Act were the government bodies and not the specific officials alleged to have caused the damage. The instructions of the Plovdiv District Court had therefore been without purpose. 57. On 16 March 2000 the Plovdiv District Court listed a hearing for 8 May 2000. 58. On 2 May 2000 the applicant filed a “complaint for delays” under Article 217a of the Code of Civil Procedure (“the CCP”)(see paragraph 81 above) with the chairperson of the Plovdiv Regional Court, alleging that the Plovdiv District Court had not proceeded with due diligence in examining his action. The chairperson of the Plovdiv Regional Court dismissed the complaint on 11 May 2000, holding that the case had been adjourned many times because of changes in the legislation, the adding of new defendants and the making of evidentiary motions by the parties. The intervals between the hearings had been justified by the busy schedule of the panel examining the case. 59. As between 2 and 11 May 2000 the case file was being transferred from the Plovdiv District Court to the Plovdiv Regional Court in connection with the examination of the above complaint, the hearing listed for 8 May 2000 did not take place. 60. The next hearing took place on 26 June 2000. The court questioned two witnesses called by the Ministry of Justice, who testified about the conditions in the detention facility. The applicant reiterated his request for an on‑the‑spot inspection of the facility. The court invited the applicant to specify the facts which he wanted to have proven through the inspection. It also repeated its invitation to the applicant to call the witnesses for whom leave had previously been given. 61. The last hearing took place on 2 October 2000. The court noted that out of three witnesses whom the applicant had been allowed to call, only one had actually been called. It further noted that the applicant had not complied with its instructions to concretise the facts which he intended to establish through the requested inspection of the detention facility. The court thus denied the request to carry out an inspection. It also excluded the requested expert report from the evidence. 62. The Plovdiv District Court dismissed the applicant’s action in a judgment of 2 November 2000. It held, inter alia, as follows:
“... [The applicant] bears the burden of establishing the facts which are favourable to him. He was many times invited to do so by the court, but has not presented evidence about the conditions in the detention facility as a result of which he has allegedly suffered non‑pecuniary damage. Neither has he adduced evidence in support of the proposition that the damage which is the subject‑matter of the claim is in a causal connection with illegal actions or omissions of officials of the National Investigation Service, which participated in the administration of the pre‑trial detention facilities at the time when the applicant was in custody. Therefore the court considers that these facts have remained unproven. The court could not hold otherwise even if account is taken of the testimony of the witness [B.N.], because the witness and the [applicant] were not in the same cell ... It is true that that the witness testified about the conditions in the detention facility and the cell in which he had been, but ... his testimony does not establish the non‑pecuniary damage suffered by the [applicant], as averred in the statement of claim. Nor does it establish that the non‑pecuniary damage suffered by the applicant is a result of the conditions in the detention facility.
The court could not hold otherwise even if it takes into account the testimony of the witnesses [P.] and [I.], because in their testimony they describe the conditions in the detention facility and in the cell in which the [applicant] was kept, but do not establish the non-pecuniary damage claimed by the [applicant] and the fact that this damage is in a causal connection with the hygienic and material conditions in the detention facility.” 63. On 15 November 2000 the applicant appealed against the judgment to the Plovdiv Regional Court. He reiterated his request for an on‑the‑spot inspection of the detention facility. 64. On 28 February 2001 the Plovdiv Regional Court, sitting in private, gave the applicant leave to call one witness and denied his request for an inspection of the detention facility. It held that, since more than three years had elapsed after the applicant’s release, an inspection could not establish the conditions in the facility as at the time he was kept there. 65. A hearing was held on 23 May 2001. The applicant did not show up and did not bring the witness for whom leave had been given. 66. The Plovdiv Regional Court dismissed the appeal in a judgment of 22 November 2001. It held, inter alia, as follows:
“On the basis of the evidence adduced before this court and the court below, the [court] considers that the claim has remained unsubstantiated. The claim was for compensation for non‑pecuniary damage suffered by the [applicant]. However, apart from proof about the general state of the hygiene in the detention facility at the time of the [applicant’s] stay there, there is no proof about the specific damage suffered by him. The finding that the detention facility was in a poor hygienic condition does not per se lead to the conclusion that [the applicant] has suffered real moral, non‑pecuniary damage, because the objective fact of the hygiene and the regime in the detention facility has a subjective and very individual impact on persons with different mentalities and social status. Due to the lack of evidence about the specific effects which the conditions in the detention facility had on the [applicant], as averred in the statement of claim, the claim remains unsubstantiated. The non‑gathering of evidence about this is the result of the inactivity of the [applicant] alone. The witness called by him and questioned by the first‑instance court did not testify about the applicant’s condition during his stay in custody, and the other two witnesses for whom leave was given by the first‑instance court and the third witness for whom leave was given by this court were not actually called by the [applicant] without him specifying good reasons for this omission. In view of this the [court] considers that the [applicant’s] lack of procedural activity is tendentious and seeks to surmount the admissibility criteria for lodging an application with European Court of Human Rights...” 67. On 20 December 2001 the applicant lodged an appeal on points of law with the Supreme Court of Cassation. 68. The court listed a hearing for 18 February 2003. However, in November 2002 the CCP was amended, providing that appeals on points of law to the Supreme Court of Cassation were possible only in respect of actions where the amount in controversy was above BGN 5,000. Since the amount claimed by the applicant was BGN 4,000, the Supreme Court of Cassation discontinued the proceedings by an order of 28 November 2002, and the Plovdiv Regional Court’s judgment became final. | [
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4. The applicant was born in 1955 and lives in Obninsk in the Kaluga Region. 5. In 1987 the applicant took part in emergency operations at the site of the Chernobyl nuclear plant disaster. Since 1994, when the link was established between his disability and his involvement in the Chernobyl events, the applicant has been in receipt of monthly health damage compensation. He brought proceedings against the Obninsk town pension authority to challenge the amount of the compensation. 6. On 20 January 2000 the Obninsk Town Court of the Kaluga Region (“the Town Court”) granted the applicant’s claim and ordered the pension authority to make monthly compensation payments of 3,161.19 Russian roubles (RUR) and pay him the outstanding compensation in the amount of RUR 20,082.86. 7. The judgment was upheld by the Kaluga Regional Court (“the Regional Court”) and came into force on 6 April 2000. 8. On 7 June 2000 the Town Court issued two writs of execution, for the monthly compensation and the arrears. On 8 June 2000 the bailiffs brought enforcement proceedings against the pension authority in this respect. By decisions of 25 July and 25 November 2000 the bailiffs forwarded the execution writs to the Obninsk Town Department of the Federal Treasury as an authority responsible for the enforcement and discontinued the enforcement proceedings. 9. Following the applicant’s request, on 2 October 2000 the Town Court clarified that the enforcement of the judgment should be made at the expense of the federal budget. 10. On 4 April 2001 the Town Department of the Federal Treasury returned both writs to the applicant without enforcement. They stated, in particular, that under the legislation in force execution writs issued against the Federal Treasury should be submitted directly to the Ministry of Finance. 11. Following the applicant’s request, on 1 June 2001 the Town Court clarified that the monthly compensation payments awarded by the judgment of 20 January 2000 should be paid with subsequent indexation based on the statutory minimum wage. 12. On 24 July 2001 the applicant applied to the Ministry of Finance for the enforcement of the judgment. 13. The outstanding compensation of RUR 20,082.86 was paid to the applicant on 22 April 2002, two years and sixteen days after the entry into force of the judgment. As regards the monthly compensation, in 2000 it was paid monthly in the amount of RUR 292.22; the arrears of RUR 31558.67 were paid by a single instalment on 30 October 2002. In 2001, 2002 and the first half of 2003 the amount of the monthly payments was RUR 350. The amount of RUR 33734.28 was transferred to the applicant’s bank account on 16 December 2002 to pay off the arrears for 2001. The arrears for 2002 in the same amount were paid on 9 April 2003. 14. According to the Government’s information, on 19 February 2003, following the prosecutor’s application, the Presidium of the Kaluga Regional Court quashed the ruling of the Town Court of 1 June 2001 in which the latter clarified the judgment of 20 January 2000. Following a fresh action brought by the applicant, on 17 April 2003 the Town Court found that the amount of the compensation established in its judgment of 20 January 2001 should have been increased as the relevant legislation required that it was subject to indexation based on the statutory minimum wage in 2001 and on the statutory living wage in 2002. It ordered the Obninsk Social Security Service to pay the applicant the health damage compensation monthly in the amount of RUR 6,574.41 with subsequent indexation in accordance with law. It also ordered the payment of arrears for 2001‑2002 totalling RUR 48,466.63. The judgment was upheld by the Kaluga Regional Court and came into force on 29 May 2003. | [
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4. The applicant was born in 1929 and lives in Mersin. 5. The General Directorate of National Roads and Highways (Devlet Karayolları Genel Müdürlüğü), a State body responsible, inter alia, for motorway construction, expropriated four plots of land belonging to the applicant in İçel in order to build a motorway. A committee of experts assessed the value of the land and the sum so fixed was paid to him when the expropriation took place. 6. On 26 December 1995 the applicant requested increased compensation. Accordingly, on 13 November 1996 the Mersin Civil Court of First Instance awarded him additional compensation of 4,500,000,000 Turkish liras (TRL) (approximately 35,976 euros (EUR)), plus interest at the statutory rate applicable at the date of the court’s decision, running from 26 December 1995. 7. On 2 February 1998 the Court of Cassation upheld the judgment of 13 November 1996. 8. On 13 April 1998 the administration paid the applicant TRL 8,475,906,000 (approximately EUR 31,684) in additional compensation, together with interest. | [
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4. The applicant was born in 1937 and lives in Mokroluh. 5. On 28 August 1990 the applicant and his wife filed an action with the Bardejov District Court. They claimed that the defendant should be prohibited from entering the plots of land in their ownership and from interfering with their right to peacefully enjoy that property. They also requested that an interim measure should be issued. In the action, the plaintiffs stated, inter alia, that one of the relevant plots had been expropriated from them by the Bardejov National Committee decision of 29 June 1990 which, however, had not yet become final as the appellate proceedings in this respect were still pending. 6. On 27 April 1991 the court asked the defendant to submit comments on the action. It reiterated the request on 10 May 1991. On 19 December 1991 the court invited the applicant to specify the relevant plots of land. 7. On 18 September 1992 the court held a hearing where it requested the applicant to rectify shortcomings in the action and to submit relevant documents. On 24 September 1992 the applicant submitted his amended action to the court. 8. On 28 September 1992 and on 17 November 1992 respectively the court sent by registered mail the amended action to the defendant for comments. The delivery of the letter failed twice as the defendant was not present at his domicile. 9. On 28 September 1992 the court asked an administrative authority to inform it about expropriation proceedings concerning one of the plots of land. On 30 November 1992 the administrative authority submitted a decision indicating that the appeal of the applicant and of his wife against the expropriation decision had been dismissed on 23 November 1990. The decision on expropriation of the plot of land had thus become final. 10. At a hearing held on 10 December 1992 the applicant challenged the District Court judge. On 27 January 1993 the Košice Regional Court refused to exclude the judge from hearing the case. 11. The court held hearings on 22 February 1993 and on 5 March 1993. On the latter date, the applicant withdrew his request for an interim measure and modified the action in that he claimed that the defendant and his wife should allow him to pass across plots of land. 12. On 1 April 1993 the court appointed an expert. The parties paid an advance on costs of the expert examination. 13. On 24 May 1993 the District Court rejected the action with respect to the applicant’s wife and discontinued the proceedings on the applicant’s claim. The court also quashed the decision of 1 April 1993 on the appointment of an expert. The applicant appealed on 18 June 1993. The case file was submitted to the court of appeal on 2 August 1993. 14. On 14 September 1993 the Košice Regional Court quashed the District Court decision and remitted the case to the first instance court. 15. At a hearing held on 8 February 1994 the District Court judge considered one of the defendant’s statements as a challenge to his impartiality and submitted the case to the Košice Regional Court. On 25 March 1994 the Regional Court held that by the statement in issue the defendant had not challenged the judge and returned the case file to the District Court. 16. The District Court held hearings on 20 May 1994, on 12 September 1994 and on 31 October 1994. On the last mentioned date the applicant submitted an additional claim for restoration of a plot of land. On the same date the District Court granted the request of the advocate, appointed by the applicant as from 20 May 1994, and stayed the proceedings pending the outcome of a set of proceedings brought against the applicant and his wife. Those proceedings concerned an action for restoration of plots of land and were registered under the Bardejov District Court file No. 7C 554/94 (see point 3 below). They ended on 8 May 1996 when the court of appeal upheld the first instance judgment. 17. On 23 January 1997 the District Court inquired whether the dispute in issue had been settled in the meantime. On 5 February 1997 the applicant and his wife replied that no settlement had been reached with the defendants and that they maintained their claims. 18. On 24 October 1997 the court decided to resume the proceedings. On 12 November 1997 it held a hearing in which the applicant modified his claim. On 13 November 1997 the court requested the Bardejov District Office to submit a case file concerning the expropriation proceedings against the applicant. Prior to 4 May 1998 the court urged the District Office to submit the file on five occasions. 19. The District Court held hearings on 10 September 1998 (witnesses proposed by the defendants were heard) as well as on 22 and 30 September 1998. 20. On 30 September 1998 the Bardejov District Court delivered a judgment in which it dismissed the claim concerning the right to pass across a plot of land. It further decided to deal in a separate set of proceedings with the claim for restoration of a plot of land (the Bardejov District Court file No. 8C 1731/98 - see point 2 below). The judgment became final on 20 November 1998. 21. On 17 July 2001 the Bardejov District Court delivered a decision, in the context of the proceedings brought in 1990, by which it returned a sum to the parties which they had paid as an advance on the expert’s costs in 1993. The applicant appealed and complained that the District Court had failed to take the expert evidence in question. 22. On 31 January 2002 the Prešov Regional Court dismissed the appeal noting that the applicant lacked standing to file it. The decision became final on 20 January 2003. 23. Following the Bardejov District Court’s decision of 30 September 1998 to separately deal with the applicant’s claim for restoration of a plot of land, the new set of proceedings was registered under number 8C 1731/98. On 16 March 2000 the District Court summoned the parties to a hearing scheduled for 26 April 2000. The defendants requested that the hearing should be postponed. The court granted their request. 24. On 16 May 2000 the District Court dismissed the applicant’s claim for restoration of the plot of land. The court established, after having heard the parties and examined documentary evidence that the relevant plot of land had not been duly expropriated and had been incorrectly considered as being in State ownership. It had been allocated to the defendants in 1989 who had become its owners in accordance with the relevant law in 1992. The court noted that the applicant should have claimed restitution of the land in question under the Land Ownership Act of 1991 within the time‑limit laid down therein. 25. On 1 June 2000 the applicant appealed. He claimed that the first instance judgment was flawed and arbitrary. He requested that the Slovak Republic should also be joined as a defendant in the case as its authorities were liable for the unlawful transfer of the land to the defendants in 1989. 26. On 18 September 2000 the Prešov Regional Court upheld the District Court judgment of 16 May 2000. The court of appeal confirmed that the first instance court had correctly established the relevant facts and had decided in accordance with the relevant law. The Regional Court recalled that the Code of Civil Procedure did not allow a further defendant to join a case at the stage of appeal proceedings. The decision became final on 31 October 2000. 27. On 23 September 1994 a Roman-Catholic parochial office filed an action against the applicant and his wife claiming restitution of several plots of land. On 5 and 19 October 1994 the court invited the plaintiff to rectify shortcomings in the action. The plaintiff replied in its letters of 19 October 1994 and of 2 November 1994. The court held hearings on 15 and on 29 December 1994. 28. On 29 December 1994 the District Court dismissed the action. The plaintiff appealed on 6 February 1995. 29. On 8 May 1996 the Košice Regional Court upheld the District Court judgment of 29 December 1994. The decision became final on 8 July 1996. 30. On 21 June 2004 the applicant filed a complaint with the Constitutional Court alleging, inter alia, a violation of Article 6 of the Convention in respect of the Bardejov District Court proceedings 8C 352/92 and 8C 1731/98 – see points 1 and 2 above). 31. On 30 September 2004 the Constitutional Court rejected the complaint for falling short of the statutory requirements. The decision stated, in particular, that the lawyer representing the applicant had not substantiated the complaint despite an explicit request to that effect. 32. In 2000 the applicant brought a new set of proceedings against the same defendants challenging their ownership rights in respect of one of the plots of land. These proceedings are apparently still pending. 33. In 2001 the applicant sued the State represented by the Ministry of Justice for damages. He relied on the courts’ decisions given in the proceedings concerning his claim for restoration of a plot of land (the Bardejov District Court file No. 8C 1731/98). The final decision in respect of one of the applicant’s claims was given on 21 April 2004. The proceedings concerning the outstanding claim are still pending. | [
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4. The applicant was born in 1958 and lives in Mersin. 5. The General Directorate of National Roads and Highways (Devlet Karayolları Genel Müdürlüğü), a State body responsible, inter alia, for motorway construction, expropriated four plots of land belonging to the applicant in İçel in order to build a motorway. A committee of experts assessed the value of the land and the sum so fixed was paid to her when the expropriation took place. 6. Following the applicant’s request for increased compensation, on 31 December 1993 the Mersin Civil Court of First Instance awarded her additional compensation of 238,172,000 Turkish liras (TRL) (approximately 14,341 euros (EUR)), plus interest at the statutory rate applicable at the date of the court’s decision, running from 22 June 1993. 7. On 15 December 1997 the Court of Cassation upheld the judgment of 31 December 1993. 8. On 21 April 1998 the administration paid the applicant TRL 651,598,000 (approximately EUR 2,391) in additional compensation, together with interest. | [
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4. The applicant was born in 1954 and lives in Mersin.
The General Directorate of National Roads and Highways (Devlet Karayolları Genel Müdürlüğü), a State body responsible, inter alia, for motorway construction, expropriated four plots of land belonging to the applicant in İçel in order to build a motorway. A committee of experts assessed the value of the land and the sum so fixed was paid to him when the expropriation took place. 5. Following the applicant’s request for increased compensation, on 22 February 1995 the Mersin Civil Court of First Instance awarded him additional compensation of 204,787,320 Turkish liras (TRL) (approximately 3,900 euros (EUR)), plus interest at the statutory rate applicable at the date of the court’s decision, running from 14 December 1993. 6. On 16 December 1997 the Court of Cassation upheld the judgment of 22 February 1995. 7. On 16 April 1998 the administration paid the applicant TRL 545,269,000 (approximately EUR 2,020) in additional compensation, together with interest. 8. On 21 January 1998 the decision of the Court of Cassation was served on the applicant. | [
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4. The applicants were born in 1937, 1921, 1963, 1929, 1945, 1926, 1943, 1948 and 1950 respectively and live in Gebze. 5. In 1996 the Kocaeli Provincial Private Administration Office (Kocaeli İl Özel İdare Müdürlüğü) expropriated nineteen plots of land belonging to the applicants. A committee of experts assessed the value of the plots and the relevant amount was paid to the applicants when the expropriation took place. 6. On 5 November 1996 the applicants brought three separate actions for compensation before the Gebze Civil Court of First-instance. 7. In order to assess the real value of the land, the court ordered on-site inspections and expert reports. Primarily, the experts worked on the classification of the plots since the value of urbanised land (arsa) was higher than rural land (arazi). In this context, the experts observed that the plots were not reserved for habitation under any urban plan (imar planı) of the Municipality or the Ministry of Public Works and Settlement; they were not situated within residential areas; and there was no annotation in the land registry that these plots were to be used for tourism purposes. Instead, the plots were classified as “fields” in the Land Registry. As a result of the on-site inspections and their findings, the experts decided that the plots should be classified as rural land. They therefore calculated the value of the plots on that basis. 8. In their written submissions the applicants contested the expert reports. They submitted an expert report dated 5 March 1998 which concluded that the land in question should have been considered urbanised. 9. After taking into consideration three expert reports for each case, the Gebze Civil Court of First-instance rejected the applicants’ objections in respect of the nature of the land. 10. On 15 September 1998, 13 March 1998 and 4 May 1998, the court issued three decisions and awarded the applicants the below-mentioned amounts:
SETS OF PROCEEDINGS BEFORE THE FIRST-INSTANCE COURT
DATES OF DECISIONS
AWARDED AMOUNTS
(In Turkish liras)
FIRST SET OF PROCEEDINGS 11. On 2 March 1999 the Court of Cassation upheld these decisions. 12. On 14 May 1999 the Court of Cassation rejected the applicants’ requests for rectification. 13. Three sets of enforcement proceedings were initiated before the Execution Offices. 14. At the end of the enforcement proceedings, the amounts indicated below were paid to the applicants by the Kocaeli Provincial Private Administration Office on the dates mentioned:
SETS OF EXECUTION PROCEEDINGS BEFORE THE ENFORCEMENT OFFICE
DATES OF PAYMENT
AMOUNT OF PAYMENTS
(In Turkish liras)
FIRST SET OF EXECUTION PROCEEDINGS | [
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8. The applicant was born in 1972 and lives in Ankara. He graduated from secondary school (lycée) in 1993 and started sitting his university entrance examinations in 1994. 9. At the relevant time, in order to attend a university degree course in Turkey, would-be students were required to pass a two-tier, multiple-choice examination organised by the Higher Education Council's Centre for the Selection and Placement of Students (Yükseköğretim Kurulu Öğrenci Seçme ve Yerleştirme Merkezi – “the ÖSYM”), which was held only once a year. Students who were unsuccessful in the first stage of the examination had the right to re-sit it in subsequent years. 10. The applicant failed to pass the first stage of the university entrance examination in his first three attempts between 1994 and 1996. He was not therefore allowed to proceed to the second and final examination during that time. 11. The applicant attended a private course in Ankara in order to prepare for the 1997 examinations. He submitted that during this course he studied very hard and, on occasion, obtained the highest marks in his class in mock examinations. 12. In the first stage of the examinations in 1997, the applicant obtained 131 points which enabled him to proceed to the second stage, the required minimum being 105 points. After the second examination the applicant believed that he had been successful and that he would obtain sufficient points to qualify for access to one of the university programmes he had selected in his application form. When the exam results were announced, the applicant found that his name was not on the list of successful students who were allowed to enrol at a university. When he contacted the ÖSYM he was informed that he had obtained 493 points in his second examination. 13. By a letter of 11 August 1997, the applicant asked the ÖSYM why he had not been selected for a university place of his choice, given his good results. 14. The ÖSYM, in its reply of 12 August 1997, informed the applicant that he had obtained one of the highest results among the students who had sat the second examination, but that his exam results had been annulled on the advice of an academic council, consisting of three professors, which had found that, given his poor results in the previous years, his excellent achievement could not be explained. The letter of the ÖSYM contained no indication that it suspected the applicant of any impropriety.
Proceedings before the administrative courts 15. On 27 August 1997 the applicant, through the assistance of a lawyer, applied to the Supreme Administrative Court (Danıştay) and requested that “the decision of the ÖSYM, which had no precedent”, be suspended and annulled, otherwise “his right to university education would be breached”. He argued that the fact that his previous exam results were not good did not mean that he would never succeed in passing subsequent examinations. 16. According to the judge rapporteur of the Supreme Administrative Court appointed in the case, the decision of the ÖSYM was based on pure supposition and should be annulled as it was devoid of any legal basis. However, on 10 October 1997, the Eighth Division of the Supreme Administrative Court, by a majority of three to two, rejected the application to annul the decision of the ÖSYM, finding that it was inexplicable for a student who had obtained very poor results in his previous exams to be so successful in subsequent examinations. The minority argued in their dissenting opinion that the authorities had a duty to organise the examinations properly and that it was their responsibility to prove, with adequate evidence, any impropriety such as cheating. 17. The applicant's appeal, lodged on 30 October 1997, was dismissed by a majority of ten to five on 28 November 1997 by the Supreme Administrative Court's General Council of Administrative Divisions (Danıştay İdari Dava Daireleri Genel Kurulu). 18. On an unspecified date the applicant asked, in a further application submitted to the Eighth Division of the Supreme Administrative Court, for the decision of the ÖSYM to be annulled. On 5 November 1998 the request was rejected by the same court after it had examined the case on its merits, by a majority of four to one. 19. On 30 December 1998 the applicant appealed and sought an injunction suspending the decision of the ÖSYM while the appeal was being examined. 20. On 29 January 1999 the Supreme Administrative Court's General Council of Administrative Divisions began examining the applicant's request for an injunction but decided to postpone the matter until after the conclusion of the appeal. 21. The appeal against the decision of 5 November 1998 was dismissed on 15 March 1999 by the Supreme Administrative Court's General Council of Administrative Divisions, by a majority of eight to seven. The majority concluded that the applicant had not achieved the result through his own knowledge and ability. The minority argued in their dissenting opinion that the ÖSYM had a duty to take measures in order to ensure that university entrance examinations and the subsequent steps leading to selection for a university place were conducted properly. The ÖSYM had the obligation and power to punish candidates who breached the laws and regulations, if so established on the basis of adequate evidence. According to the minority, the ÖSYM could not hold the applicant responsible for the consequences of its own failures. It could only review its procedures and take measures to prevent the repetition of such situations. 22. On 8 June 1999 the applicant asked for a rectification of the decision of 5 November 1998, which is the final remedy in Turkish law in administrative matters. 23. On 19 November 1999 the application for the rectification of the decision was rejected by the Supreme Administrative Court's General Council of Administrative Divisions. This decision was taken by a majority of eight to seven and was served on the applicant on 30 December 1999. | [
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7. The applicant was born in 1934 and lives in Marsascala (Malta). 8. On 13 June 1996 the applicant instituted proceedings against the Water Services Corporation, against the Director of the Drainage Department in the Ministry of the Environment and against the Minister of the Environment. He complained about the infiltration of foul liquid in several of his properties, allegedly due to the seepage of sewage from the Government drainage system and asked for compensation. 9. Thirty-three hearings took place before the Civil Court. A number of witnesses were examined and an expert report was prepared. Thirteen hearings were adjourned by reason of the defendants’ absence. 10. In a judgment of 5 July 2000, the Civil Court found in favour of the applicant. It held that the Minister of the Environment was not liable and declared that the two other defendants were responsible for the damage suffered by the applicant. It therefore awarded him 5,649.92 liri (Lm – approximately 13,559 euros, “EUR”) for damages and a sum for reimbursement of all the legal costs of the case. 11. On 25 July 2000 the Water Services Corporation and the Director of the Drainage Department appealed against the judgment of 5 July 2000. 12. On 31 July 2002 the applicant requested that his case be dealt with and decided within a short time. 13. By a decree of 28 August 2002 the Court of Appeal ordered that the case be fixed for hearing according to law. 14. On 15 October 2002, the hearing was fixed for 10 December 2002. An application for postponement presented by the Director of the Drainage Department on the ground of the absence of his lawyer was rejected. 15. On 10 December 2002 the parties presented their pleadings and the case was left for judgment to be delivered on 25 April 2003. 16. In a judgment of 8 May 2003, the Court of Appeal confirmed the first‑instance decision. Observing that the first court had correctly concluded that the applicant had summoned the Minister of the Environment without good reason, the Court of Appeal decided that the legal expenses incurred by the Minister should be borne by the applicant. 17. Meanwhile, on 1 October 2002, the applicant had filed a constitutional complaint before the Civil Court (First Hall). He alleged that as the appeal against the judgment of 5 July 2000 had not been decided, his right to a hearing within a reasonable time, guaranteed by Article 6 § 1 of the Convention and by Article 39(1) of the Constitution of Malta, had been violated. 18. By a judgment of 29 April 2003, the Civil Court upheld the applicant’s claim and awarded him compensation of Lm 500 (approximately EUR 1,200). 19. The Civil Court noted that the delay in fixing the hearing before the Court of Appeal was due to the workload of the domestic courts. Now, the State had the duty of organising its judicial system in such a way that the courts could comply with the requirements established in Article 6 of the Convention. 20. Moreover, according to Article 152(1) of Chapter 12 of the Laws of Malta, as in force at the relevant time, the Registrar had the duty to list an appeal for hearing not later than six months after the filing of the appeal. However, in the applicant’s case the date of the hearing had been fixed for 10 December 2002, and this had happened only after the applicant had filed two submissions in which he complained about the undue delay. As a principal rule of procedure had been breached and no fault could be imputed to the applicant, the Civil Court found a violation of the “reasonable time” requirement. 21. In reaching this conclusion and in determining the amount to be granted as just satisfaction, the Civil Court took into account only the period after July 2000, as in his constitutional complaint the applicant had not referred to the duration of the first-instance proceedings. 22. The Principal Registrar of the Courts of Justice, the Minister of Justice and the Local Government appealed against the judgment of 29 April 2003. They alleged that the failure to observe Article 152(1) of Chapter 12 of the Laws of Malta could not be considered tantamount to a violation of the “reasonable time” requirement and that the fixing of cases for particular dates did not depend on the Registrar. The defendants also complained about the amount of compensation they had been ordered to pay. 23. In a judgment of 30 June 2003, the Constitutional Court upheld the appeal and annulled the impugned decision in so far as it had accepted the applicant’s claims. 24. The Constitutional Court noted that the lack of observance of the six months period mentioned in the said Article 152(1) could not amount to a violation of Article 6 of the Convention. In fact, according to the Strasbourg case-law, a failure to comply with the time-limits set out in the domestic law did not in itself infringe the “reasonable time” requirement. 25. The Constitutional Court further observed that the applicant was complaining about the delay between the date on which the appeal was filed (25 July 2000) and the date of the first hearing before the competent court (10 December 2002). An overall period of less than two years and five months was at stake. Taking into account the number of duties that the Court of Appeal had to accomplish, such delay could not be considered excessive. It was true that the State was obliged to organise its judicial system in a way that all the guarantees afforded by Article 6 of the Convention were respected; however, regard must be had to all the circumstances of the case, and to the remedial actions undertaken by the authorities in order to cope with a temporary backlog of business affecting the domestic courts. 26. In the Constitutional Court’s view, the applicant’s case was not an easy one. It took more than four years to decide at first instance. The applicant was not complaining about this first delay, which was in any case justified by the number of witnesses heard, by the volume of documents and notes submitted to the judge and by the factual and technical difficulties encountered by the expert. Moreover, there did not exist any special reason to treat the appeal with urgency and it was necessary to consider that in 2002 the Court of Appeal had faced abnormal problems, as its President had changed twice within a few months. Notwithstanding this, when the applicant requested that his case be decided within a short time, the Court of Appeal fixed the hearing for 10 December 2002 and rejected a request for postponement presented by the Director of the Drainage Department. | [
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5. The applicant was born in 1960 and lives in the Novolobinskaya village, Krasnodar Region. 6. In 1992 the applicant was convicted of theft and sentenced to 5 years and 6 months’ imprisonment. Following the revision of his criminal case by way of supervisory review in 1995, his sentence was reduced. However, this decision was erroneously sent to the prison administration with a considerable delay. As a result, the applicant was released eight months later than provided by the court decision. 7. In September 1996 the applicant brought civil proceedings claiming damages in this respect. On 14 September 1998 the Krasnoarmeyskiy Town Court of the Saratov Region awarded the applicant 1,000 Roubles, to be paid by the Ministry of Finances of Russia. The parties did not appeal and this judgment became final. 8. The Krasnoarmeyskiy Town Court issued an execution order and on 23 October 1998 (or, according to the Government, on 20 October 1998) it was forwarded to the Kirovskiy District Court of Saratov. On 26 October the Kirovskiy District Court received the execution order. On the same day the execution order was forwarded to the court bailiffs for execution. However, it never reached the bailiffs. 9. The applicant asserted that in the following years he requested the Kirovskiy District Court of Saratov and the bailiffs’ service to resume the enforcement proceedings. In reply to one of his letters, on 16 April 2001 the Saratov Region Chief Bailiff advised the applicant to file a request to the Krasnoarmeyskiy District Court with a view to obtain a duplicata of the execution order. However, as the Government suggested, he did not do so. 10. On 20 October 2004 the Krasnoarmeyskiy District Court of the Saratov Region issued a duplicata of the execution order. It is unclear whether the court did it on its own motion or upon the applicant’s initiative. In December 2004 it was forwarded to the Ministry of Finance, with a copy to the applicant. In a cover letter of 6 December 2004 the District Court noted that the parties had been duly notified about the hearing but failed to appear. The Court also drew the applicant’s attention to the fact that he should provide the Ministry of Finance with his bank account details. 11. It appears that the judgment of 14 September 1998 remains unenforced to date. | [
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4. The applicant was born in 1956 and lives in Ukhta in the Republic of Komi. 5. In March 1995 the applicant was charged with murder and an obligation not to leave the place of her residence without permission was imposed on her as a preventive measure. During the subsequent criminal investigation she was detained on remand from 24 May 1995 to 29 May 1996. On the latter date an obligation not to leave the place of her residence without permission was again imposed on her. In January 1997 she was convicted of murder and sentenced to one year’s imprisonment. The sentence was considered to have been served in view of the applicant’s detention on remand. In June 1997, on appeal, the Supreme Court of the Republic of Komi found that the applicant had not committed the crime as she had acted in self-defence. It quashed the judgment and discontinued the criminal proceedings. 6. On 28 January 2002 the applicant brought proceedings against the Ministry of Finance of the Russian Federation, claiming non-pecuniary damages caused by her unlawful prosecution, detention and conviction. On 15 February 2002 the Ukhta Town Court held that the applicant was entitled to compensation on account of her unlawful prosecution, detention and conviction. It found, inter alia, that the applicant had never been prosecuted earlier, that she had a minor child at the time, that her deprivation of liberty had involved stress and sufferings, that her health had deteriorated as a result of her stay in the detention facility and that she had had no liberty of movement and freedom to choose her residence for a long time. It allowed her claim in part and awarded her 70,000 Russian roubles (RUR) for non‑pecuniary damage at the expense of the Federal Treasury. The parties appealed. On 28 March 2002 the Supreme Court of the Republic of Komi upheld the judgment which came into force on the same day. 7. On 4 April 2002 the Town Court sent an execution writ to the applicant. On 22 April 2002 the applicant submitted it, together with supporting documents, to the Ukhta town department of the Federal Treasury of the Ministry of Finance. On 24 April 2002 the latter forwarded the documents to the Republic Komi department of the Federal Treasury of the Ministry of Finance which, in its turn, on 26 April 2002 forwarded the documents to the Ministry of Finance which received them on 7 May 2002. 8. In December 2002 and in April 2003 the applicant complained about the non-enforcement of the judgment to the Minister of Finance and to other authorities. 9. On 6 May 2003 the Federal Treasury transferred RUR 70,000 to the Republic Komi department of the Federal Treasury for the enforcement of the judgment. On 14 May 2003 the latter transferred RUR 70,000 to the applicant’s bank account. The amount was credited to the applicant’s account on 16 May 2003. | [
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8. The applicant party, the Christian Democratic People's Party (“the CDPP”), is a parliamentary political party in the Republic of Moldova which was in opposition at the time of the events. 9. Towards the end of 2001, the Moldovan government made public its intention to make the study of the Russian language compulsory in schools for children aged seven and over. 10. This initiative prompted vehement criticism from the opposition and generated a heated public debate. 11. On 26 December 2001 the parliamentary group of the CDPP informed Chişinău Municipal Council of its intention to hold a meeting with its supporters on 9 January 2002, in Great National Assembly Square, in front of the government buildings. It stated that the meeting would relate to the introduction of the compulsory study of Russian in schools. It relied on section 22 of the Status of Members of Parliament Act (see paragraph 35 below) which, according to the CDPP, did not require members of parliament to obtain prior authorisation for meetings with their supporters. 12. By a decision of 3 January 2002, the Municipal Council classified the gathering to be held on 9 January 2002 as a “demonstration” within the meaning of sections 4, 8, 12 and 13 of the Assemblies Act (see paragraph 36 below) and authorised the parliamentary group of the CDPP to hold it in National Opera Square. It did not give any reasons for the change of location. 13. Later, on 23 January 2002, the Municipal Council addressed a letter to the Ministry of Justice, informing it that there was a discrepancy between the provisions of the Status of Members of Parliament Act and those of the Assemblies Act and that it did not know which to apply. It stated, inter alia, that a number of reputable lawyers supported the idea that the CDPP members of parliament had the right to hold meetings with their supporters in Great National Assembly Square without obtaining prior authorisation, in accordance with the provisions of sections 22 and 23 of the Status of Members of Parliament Act. It cited in that respect the opinion of an ombudsman who considered that, since section 23 of the Status of Members of Parliament Act proclaimed the right of MPs to raise demands on the spot for action to remedy a breach of the law, the CDPP members of parliament were entitled to raise their demands for the cessation of the alleged breaches concerning the introduction of compulsory Russian lessons in front of the government building, as it also housed the Ministry of Education. Accordingly, the Municipal Council requested the Ministry of Justice to ask Parliament for an official interpretation of the legislation in question. 14. On 26 January 2002 the Municipal Council issued a decision which stated, inter alia:
“Having regard to the fact that the provisions of the domestic legislation are contradictory in respect of the demonstrations organised by the CDPP and that the opinions of legal experts are contradictory, and bearing in mind the considerable social impact of a possible decision regarding the matter and the consequences it might entail, the Municipal Council has formally requested the Ministry of Justice to ask Parliament for an official and urgent interpretation of the relevant legislation. ... The Municipal Council's decision of 3 January 2002 is hereby suspended until Parliament has given its official interpretation.” 15. In the meantime, on 9 January 2002, the parliamentary group of the CDPP held a gathering in Great National Assembly Square, in front of government headquarters. It also held gatherings on 11, 13, 15, 16 and 17 January 2002. The CDPP informed the Municipal Council in advance of each gathering; however, it did not seek authorisation in accordance with the Assemblies Act. 16. On 14 January 2002 the Ministry of Justice issued an official warning to the CDPP in accordance with section 27 of the Parties and other Socio-Political Organisations Act (see paragraph 37 below). It stated, inter alia, that the CDPP had breached the provisions of section 6 of the Assemblies Act by organising demonstrations in Great National Assembly Square on 9, 10, 11 and 13 January 2002, notwithstanding the authorisation issued by the Municipal Council, which only gave permission for a demonstration on 9 January 2002 in National Opera Square. It called for an immediate halt to the gatherings, which it considered to be illegal and unconstitutional and which it claimed were not meetings with voters within the meaning of the Status of Members of Parliament Act, but demonstrations falling under the Assemblies Act. It asked the CDPP for a written explanation within three days and warned that, if it failed to comply with the warning, the Ministry would impose a temporary ban (suspendarea activităţii) on the party's activities in accordance with section 29 of the Parties and other Socio-Political Organisations Act (see paragraph 37 below). 17. On 17 January 2002 the President of the CDPP wrote a letter to the Ministry of Justice in which he stated that the gatherings had not been organised by the CDPP but by members of its parliamentary group, and that it was therefore the members concerned who were liable, and not the party. He also relied on section 22 of the Status of Members of Parliament Act, arguing that it was a very specific Act, applicable to meetings between members of parliament and voters, while the Assemblies Act was general in nature. He finally submitted that the threatened ban on the party's activities would amount to a political measure taken by the Communist Party in order to repress the opposition. 18. On 18 January 2002 the Ministry of Justice issued a decision imposing a one-month ban on the CDPP's activities, in accordance with section 29 of the Parties and other Socio-Political Organisations Act. 19. The measure was imposed on the basis of the organisation by the CDPP of unauthorised demonstrations on 9, 10, 11, 13, 15, 16 and 17 January 2002. 20. The Ministry of Justice dismissed the CDPP leader's argument that the party could not be held liable. It stated, inter alia, that the gatherings organised by the CDPP on the above dates had in fact been demonstrations and marches and therefore fell within the scope of the Assemblies Act rather than the Status of Members of Parliament Act as the CDPP had claimed. 21. According to the decision, the CDPP had breached the provisions of sections 5, 6, 7, 8, 9 and 11 of the Assemblies Act by not obtaining prior authorisation from the Municipal Council to stage demonstrations and by blocking the public highway. 22. The participation of minors in the CDPP demonstrations had been in breach of Article 15 of the International Convention on the Rights of the Child (see paragraph 38 below), section 13(3) of the Protection of Children Act (see paragraph 39 below) and section 56(g) of the Education Act (see paragraph 40 below). 23. The CDPP's actions also disclosed a violation of sections 27 and 29 of the Parties and other Socio-Political Organisations Act (see paragraph 37 below), section 15(1) and (2) of the Status of Members of Parliament Act (see paragraph 35 below) and Article 32 of the Constitution (see paragraph 34 below). The use of such slogans as “I'd rather be dead than a communist” (Mai bine mort decât comunist) could be interpreted as a call to public violence and an act undermining the legal and constitutional order. 24. On 24 January 2002 the CDPP challenged the decision of the Ministry of Justice arguing, inter alia, that the gatherings had been meetings with voters within the meaning of the Status of Members of Parliament Act, and not assemblies falling within the scope of the Assemblies Act. 25. On 8 February 2002 the Ministry of Justice issued a decision lifting the temporary ban imposed on the CDPP's activities. It stressed that the CDPP had breached all the laws mentioned in the decision of 18 January 2002 and that the temporary ban had been necessary and justified. However, following an inquiry by the Secretary General of the Council of Europe under Article 52 of the Convention, and having regard to the forthcoming local elections, the CDPP was authorised to resume its activities. The decision of 8 February 2002 did not, however, set aside the decision of 18 January 2002. 26. On 7 March 2002 the Court of Appeal found in favour of the Ministry of Justice and ruled that the decision of 18 January 2002 had been lawful. It dismissed the CDPP's argument that the party could not be held liable for the actions of its members, namely its parliamentary group. It found that the gatherings organised by the CDPP had in fact been demonstrations, meetings and marches which fell under the provisions of the Assemblies Act, and not meetings with voters. Even assuming that the gatherings had been intended as meetings with voters, they had gradually taken on the nature of demonstrations and, accordingly, the CDPP needed authorisation in order to organise them. It also stated that, as a result of the demonstrations, the public transport company had suffered losses of 12,133 Moldovan lei (MDL) (the equivalent of 1,050 euros (EUR) at the time). The participation of minors in the demonstrations had been in breach of the International Convention on the Rights of the Child, the Protection of Children Act and the Education Act. 27. The CDPP lodged an appeal against this decision with the Supreme Court of Justice, relying, inter alia, on Articles 10 and 11 of the Convention. 28. On 17 May 2002 a panel of the Supreme Court of Justice delivered its judgment, in which it dismissed the appeal lodged by the CDPP. It endorsed the arguments of the Court of Appeal and found, inter alia, that since the demonstrations organised by the CDPP had been illegal, the sanction imposed on it had not been disproportionate. It also stated that in any event the decision of the Ministry of Justice had not had any negative effects on the CDPP since it had not been enforced, the CDPP's accounts had not been frozen and the party could continue its activities unhindered. 7. The proceedings by the government seeking to have the gatherings held by the CDPP declared illegal and requesting an order to discontinue them 29. The Ministry of Justice did not reply to the Municipal Council's request of 23 January 2002 for interpretation of the law and did not address any request to Parliament. However, on 21 February 2002 the government lodged an application with the Supreme Court of Justice asking it, inter alia, to declare the demonstrations organised by the CDPP illegal and to order their cessation. 30. On 25 February 2002 the Supreme Court of Justice ruled in favour of the government and declared the gatherings illegal. It stated, inter alia:
“Even if one could accept that the CDPP had the initial intention of holding meetings with its supporters, those meetings later took on the character of demonstrations, marches, processions and picketing, which fall under the provisions of the Assemblies Act. In these circumstances, the leaders of the CDPP were required to comply with the provisions of the Assemblies Act ...” 31. The CDPP appealed. 32. On 15 March 2002 the Supreme Court of Justice dismissed the appeal and the judgment of 25 February 2002 became final. 33. In the course of the present proceedings before the Court, the Government submitted a video with images of gatherings held by the CDPP deputies on 15, 16, 17 and 18 January 2002. The gatherings were held in Great National Assembly Square, in a pedestrian area, in front of the government buildings. The participants appeared to number several hundred and included people of different ages varying from schoolchildren to pensioners. According to the time displayed on the images, the gatherings commenced at around 1 p.m. and lasted for about two hours. Different personalities made speeches critical of the ruling Communist Party, the government and its policy. It appears from the video that traffic was not disrupted as a result of the gatherings held on those dates, and no signs of violence can be seen. “The Layabout's Anthem” (Imnul Golanilor – a song that originated in the 1990 Bucharest student demonstrations) was played frequently. The chorus of the song had the following wording:
“I'd rather be a slacker than a traitor (Mai bine haimana, decât trădător)
I'd rather be a hooligan than a dictator (Mai bine huligan, decât dictator)
I'd rather be a layabout than an activist (Mai bine golan, decât activist)
I'd rather be dead than a communist (Mai bine mort, decât comunist).” | [
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4. The applicant lives in Frýdlant v Čechách. 5. On 21 November 1988 the applicant, having been divorced on 27 June 1988, lodged an action with the Liberec District Court (okresní soud) for the separation of the matrimonial property. 6. On 13 January and 13 February 1989 the court held two hearings. On 28 April and 8 June 1989 it appointed two experts with a view to evaluating real estate, antiques and jewellery. Subsequent hearings were held on 13 December 1989, 29 November 1990 and 5 March 1991. In the meantime, the expert in real estate delivered his opinion. Another hearing was scheduled for 28 June 1991. 7. On 15 March 1992 a new expert opinion concerning the real estate was submitted to the court, which had appointed another expert in antiques and jewellery. 8. On 20 August 1993 the District Court ordered a new expert opinion concerning the real estate. The expert submitted his report on 6 September 1993. 9. On 4 January 1994 the case was transmitted to another judge at the District Court. 10. Two hearings were held on 19 May and 9 June 1999. The parties expressed their wish to reach a friendly settlement. The last hearing was therefore adjourned sine die. 11. As the parties had not informed the court about a friendly settlement, a hearing was held on 7 February 2002. It was adjourned in order to evaluate the antiques and jewellery claim. Moreover, the applicant was invited to submit the address of a witness she had suggested be heard. 12. On 4 October 2002 the court appointed a new expert in real estate. The expert submitted his opinion in February 2003. 13. On 31 October 2002 and 29 April 2003, the District Court held hearings. The applicant did not attend the last hearing, being in the United States of America. The court therefore adjourned the hearing sine die. 14. On 17 July 2003 the applicant’s lawyer informed the court that her client had returned to the Czech Republic and that a friendly settlement of the case was not excluded. On 3 September 2003 she informed the court of the continuation of the dispute. On 16 October 2003 the applicant notified the court that she would be abroad until December 2003. 15. A hearing scheduled for 4 May 2004 was adjourned at the request of the applicant’s lawyer until 18 May 2004. At this hearing, the defendant challenged the judge for bias. On 15 July 2004 the Ústí nad Labem Regional Court (krajský soud) decided that the judge was not biased, and remitted the case to the District Court. 16. A hearing scheduled for 2 November 2004 was adjourned, the defendant being ill. 17. A hearing held on 25 January 2005 was adjourned sine die, the parties not agreeing on the value of the antiques and jewellery. The court requested the Czech Insurance and Police Office to submit written opinions as the defendant claimed that certain antiques had been stolen in 1995. 18. It appears that the proceedings are still pending at first instance. | [
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8. The applicant was born in 1944 and lives in Prešov. 9. The applicant worked in the State administration of the school system. He occupied a leading post that fell within the purview of section 1 of Act No. 451/1991 Coll. (“the Lustration Act”) which defined some supplementary requirements for holding certain posts in public administration. 10. In January 1992 the applicant’s employer requested, pursuant to section 6 of the Lustration Act, that the Ministry of the Interior of the Czech and Slovak Federal Republic (“the Federal Ministry”) issue a clearance (lustračné osvedčenie) concerning the applicant under section 9 of the Lustration Act (see below). 11. On 19 March 1992 the Federal Ministry issued a negative security clearance. It stated that it was based on section 9 (1) of the Lustration Act and certified that the applicant “[was] registered as a person referred to in section 2 (1) (b) of the Lustration Act”. This provision defined six categories of collaborators of the [former] State Security Agency (Štátna bezpečnosť, “StB”) who, if registered as such in the StB’s files in the period from 25 February 1948 to 17 November 1989, were disqualified from holding certain posts in public administration. The document was served on the applicant on 26 March 1992. 12. The applicant resigned from his post. In 1994 he left his employer completely, having felt compelled to do so. Since then the applicant has been commuting to work in a location remote from his place of residence. 13. The information about who was registered in the StB files in the categories referred to in section 2 (1) (b) of the Lustration Act has been made public in newspapers and, unofficially as well as officially, on the internet. 14. On 25 May 1992 the applicant lodged an action against the Federal Ministry for protection of his good name and reputation under Article 11 et seq. of the Civil Code with the Prague (the Czech Republic) City Court (Městský soud). He claimed that his registration as a collaborator of the StB was wrongful and unjustified. He requested that the Federal Ministry issue a new clearance to the effect that he was not registered as a person referred to in section 2 (1) (b) of the Lustration Act. 15. The City Court subsequently sent a copy of the action to the defendant, invited the applicant to pay the court fee and listed a hearing for 6 August 1992. 16. On 23 July 1992 the applicant filed a request under Article 12 §§ 2 and 3 of the Code of Civil Procedure for a transfer of his action to the Košice Regional Court (Krajský súd). On 29 July 1992 he demanded that the hearing scheduled for 6 August 1992 be cancelled in view of his request for transfer of the action. 17. On 7 August 1992, after the applicant had paid the court fee, the City Court sent a copy of the request of 23 July 1992 to the defendant for comments. On 23 September 1992 the latter objected to the transfer. 18. On 24 September 1992 the City Court submitted the case file to the Supreme Court (Najvyšší súd) of the Czech and Slovak Federal Republic for a determination as to which court was to entertain the action at first instance. 19. On 4 November 1992 the Supreme Court ruled that the action fell to be determined by the Regional Court. The case file was sent to it on 13 November 1992. 20. On 16 November 1992 the Regional Court requested the defendant’s observations in reply. In a letter of 25 November 1992 the defendant replied that it had already filed its observations with the City Court. On 10 December 1992 the City Court transferred those observations to the Regional Court. 21. On 18 February 1993 the Regional Court invited the applicant to specify which public body possessed the powers conferred by the Lustration Act in the area of security screening after the dissolution of the Czech and Slovak Federal Republic on 1 January 1993. On 26 February 1993 the applicant responded that the body currently responsible for security screening in Slovakia was the Ministry of the Interior of the Slovak Republic (“the Slovak Ministry”). It was thus understood that the action was directed against the said Ministry. 22. On 9 March and 8 April 1993 the Regional Court invited the applicant to submit within ten days second copies of the action and of the submissions of 26 February 1993. 23. On 21 April 1993 the Regional Court invited the Slovak Ministry to present its observations in reply to the action. In its response of 6 May 1993 the Ministry primarily contested its standing to be sued in the case, arguing that it had not assumed the authority of the Federal Ministry under the Lustration Act. Relying on Resolution no. 276 of the Government of Slovakia of 20 April 1993 (“Resolution no. 276”), the defendant asserted that the body which had taken over those powers under the Lustration Act was the Slovak Intelligence Service (Slovenská informačná služba – “the SIS”). The Ministry also maintained that under the said resolution the Prime Minister of Slovakia was entrusted with the task of preparing jointly with the Minister of Justice of Slovakia a petition to the Slovak Constitutional Court (Ústavný súd) for a review of the constitutionality of the Lustration Act. 24. On 4 October 1993 the applicant amended his submissions of 26 February 1993 on the ground that the Federal Ministry’s powers under the Lustration Act had devolved to the SIS, against which the action was accordingly directed. 25. On 21 October 1993 the Regional Court invited the SIS to present its observations in reply. The defendant submitted the observations on 16 November 1993 and on 9 December 1993 the Regional Court sent their copy to the applicant. 26. On 9 May 1994 the Regional Court held a hearing at which the applicant modified the subject‑matter of the action in that he sought a judicial ruling declaring that his registration as a person referred to in section 2 (1) (b) of the Lustration Act was wrongful. The applicant further informed the court that he wished to call ex-StB agents P., K. and M. as witnesses. He submitted the addresses of P. and K. and stated that he would submit the address of M. later. The defendant consented to the modification of the action and maintained that the relevant ex-StB documents were held in the archives of the Federal Ministry. The hearing was adjourned with a view to obtaining these documents. 27. On 10 June 1994 the Regional Court sent a letter to the Federal Ministry inviting it to submit copies of the relevant ex-StB documents. The letter was returned unanswered as “undelivered”. 28. On 12 September 1994, on the basis of a treaty of 29 October 1992 between the Slovak Republic and the Czech Republic on mutual legal assistance (“the mutual legal assistance treaty of 1992”), the Regional Court sent a letter rogatory to the City Court requesting that it obtain from the Ministry of the Interior of the Czech Republic (“the Czech Ministry”) copies of all ex-StB documents in its possession concerning the applicant. 29. On 27 September 1994 the City Court advised the Regional Court that the request had been submitted to the Czech Ministry, which would reply directly to the Regional Court. 30. In a letter of 3 October 1994 the Czech Ministry informed the Regional Court that all ex-StB documents concerning Slovakia had been transmitted to the Slovak Ministry and that, accordingly, the documents concerning the applicant had to be searched for there. 31. On 12 October 1994 the Regional Court requested that the Slovak Ministry submit within 15 days copies of all ex-StB documents concerning the applicant. 32. The request of 12 October 1994 was answered on 2 November 1994 by the SIS to the effect that, apart from a database in which the applicant was listed as an ex-StB agent, there were no ex-StB materials concerning him in its possession. The defendant relied on a treaty between the governments of the Slovak Republic and the Czech Republic on joint usage of information and archives generated by ministries of the interior in the area of internal order and security which had been signed on 29 October 1992 and promulgated in the Collection of Laws under No. 201/1993 (“the treaty of 1992”). The SIS submitted that under this treaty the relevant documents were with the Czech Ministry. The SIS again contested its standing to be sued in the case, arguing that the powers in the area of security screening which had been conferred on it under Resolution no. 276 were limited to 9 months. As this period had already expired, there was presently no official body entrusted with these powers in Slovakia. 33. On 21 December 1994 the Regional Court reiterated its request to the Czech Ministry for copies of ex-StB documents concerning the applicant. On the same day it also addressed a request to the Office of the Government of the Slovak Republic for information as to which authority was currently vested with the powers under the Lustration Act as regards security screening. As no answer had been received, the Regional Court repeated the requests in May 1995. 34. On 22 May 1995 the Office of the Government informed the Regional Court that the question of legal succession in respect of the powers under the Act was not currently addressed in the existing legislation. However, by analogy, the powers of the Federal Ministry had been assumed by the Slovak Ministry. 35. In a letter of 24 May 1995 the Czech Ministry informed the Regional Court that there were no documents concerning the applicant in its archives. Considering the relevant part of the letter of the SIS of 2 November 1994 to be confused, it relied on the Protocol to the treaty of 1992 and maintained that the documents searched for were stored in Slovakia. 36. On 9 August 1995 the Regional Court ordered that the SIS deliver within 20 days copies of all ex-StB documents concerning the applicant which were in its possession. The SIS complied on 24 August 1995 and proposed that the proceedings be discontinued on the grounds of its lack of standing to be sued. The SIS also pointed out that the documents submitted were top secret and that the applicable confidentiality rules had to be observed. 37. Another hearing was held on 11 December 1995. The applicant extended the action by directing it also against the Government of the Slovak Republic, as a collective constitutional body with distinct legal personality. The hearing was adjourned in order for the applicant to re‑submit the extended action in writing. He did so on 13 December 1995. 38. On 15 December 1995 the SIS filed its observations in reply to the extended action. 39. At an unspecified later point the Vice-President of the Regional Court exercised his power under section 2 § 2 of the State Administration of Justice Act of 1992 and assigned the case to another Chamber of that court on the ground that the original Chamber had an excessive workload. 40. On 9 September 1996 the Regional Court allowed the extension of the action against the Government of Slovakia. On the same day it invited the applicant to disclose the address of witness M. 41. In a written submission of 19 September 1996 the Office of the Government asserted that the Government was not the legal successor of the Federal Ministry and possessed no powers under the Lustration Act. It was thus not the correct defendant to the action. 42. On 28 October 1996 the applicant informed the Regional Court that he had no information as to the address of M. and requested that the court itself make an inquiry as to the address. 43. The hearing called for 15 January 1997 had to be adjourned as the representatives of the applicant and the Government did not appear. 44. On 21 April 1997 the Regional Court held another hearing. It made a formal ruling allowing the modification of the subject matter of the action, as sought by the applicant on 9 May 1994. The Regional Court then heard the parties and examined the StB file concerning the applicant. 45. On 21 May 1997 the SIS informed the Regional Court of M.’s address. 46. On 2 July 1997 the applicant submitted a pleading in which he commented on the documentary evidence submitted by the defendant. 47. By letters of 9 September, 20 November and 10 December 1997 the Regional Court requested that the Slovak Ministry discharge witnesses P., K. and M. from the obligation of confidentiality in respect of the subject matter of the proceedings. The Ministry agreed on 29 June 1998. 48. On 13 August 1998 the Regional Court held another hearing at which witnesses P., K. and M. failed to appear. Witness K. apologised for his absence and submitted in writing that he had “no recollection of the applicant and no knowledge that the StB would have ever had any file in respect of him”.
The applicant admitted having met K. and M. several times before and after his journeys abroad when they had, respectively, instructed him on how to behave abroad and asked for information about his stay. Their discussions were of a general nature and included the situation at the applicant’s workplace. The applicant also admitted having obtained and provided to K. a list of students who had been preparing for studies abroad, information he considered public in any case. He had never had the impression that he was considered a collaborator and had never been asked to keep his contacts with K. and M. secret.
The hearing was adjourned until 24 August 1998 with a view to calling the witnesses again. 49. At the hearing of 24 August 1998 the Regional Court heard M. and K. Witness M. confirmed that he had been in charge of recruiting the applicant as a collaborator. However, if there had ever been any act of formal undertaking to cooperate (viazací akt) on the part of the applicant, M. had not been present at it. He had received the impression that the applicant had not been interested in meeting him. Their conversation had concerned ordinary affairs and the applicant had not submitted any documents. The reports mentioned in the StB file had been drawn up by M. on the basis of his conversation with the applicant. According to M., the applicant had never given any information that was capable of harming any specific person. There had been norms as to how many new agents were to be recruited. As a result, new “recruitments” had frequently been only formal, with the new “agents” conceivably having no knowledge of them.
Witness K. claimed to know the applicant only by face. He did not remember having ever met him and denied having ever received any information or documents from him. The applicant’s StB file was partially created by K. In the given period the situation in the StB had been such that, in order to meet their statistical objectives, it was possible for officers to run a file in respect of an “agent” by filing information from their own sources and declaring them as having been obtained from that “agent”.
The witness P. did not appear and the court observed that it had been impossible to deliver the summons to him. In response to the court’s request, the parties stated that they intended to adduce no further evidence apart from hearing P. and examining the relevant Internal Guideline of the Federal Ministry of 1972 (“the 1972 guideline”) concerning secret collaboration. 50. On 10 September 1998 the Regional Court ordered that the summons for the forthcoming hearing be served on P. by the police. No service was however actually effected. 51. At a hearing held on 24 September 1998 the SIS submitted the 1972 guideline. As this document was classified, the applicant had no access to it. Apart from proposing to hear P. the parties adduced no other evidence. 52. The Regional Court listed a hearing for 24 February 1999 and ordered that the summons be served on P. by the police. At this hearing P. finally appeared and gave evidence. He acknowledged that he had been the chief district police officer during the relevant period and that he remembered the applicant. However, he could not recollect clearly the details of their collaboration. P. pointed out that the StB’s organisation had been very strict and considered that, if something had been recorded, it must have been true. In contradiction to M., P. considered that it was not possible that the applicant had not known that he was acting for the StB as an “agent”.
The applicant submitted that the majority of his foreign travel had taken place before 1984, when he was allegedly acquired as an agent. The contention that he had agreed to collaborate in return for the StB’s support in connection with travel was therefore unfounded. 53. On 19 May 1999, following another hearing held on the same day, the Regional Court dismissed the action. 54. First of all, the Regional Court found that the Government of the Slovak Republic had no standing to be sued in the proceedings and that the correct entity to defend the action was the SIS. The Regional Court considered that the crucial criterion for establishing standing was which entity de facto possessed the ex-StB archives.
On the basis of the StB file pertaining to the applicant, the Regional Court established that the applicant had been listed since 1983 as a “candidate for secret collaboration” and as an “agent” of the StB since 1984. For tactical reasons it had been decided not to have the applicant sign a formal undertaking to collaborate. This was permitted under the 1972 guideline. The applicant’s StB file contained only an index indicating which reports and documents he had provided. There was a note that the reports and documents themselves had been officially destroyed in late 1989 when, according to the file, cooperation with the applicant had been terminated.
The Regional Court also noted that the applicant had on thirteen occasions travelled abroad to western Europe at the relevant time and that it was then usual for a person to be interviewed by the StB prior to and after such travel. The applicant himself acknowledged having met the StB in connection with his travels. He also admitted having been in contact with K., M. and P. and having unwillingly met with them. However he categorically denied ever having given them any intelligence information.
The other witness evidence was contradictory. The Regional Court based its finding on the testimony of P., holding it to be credible and consistent with the case file, and did not accept the testimony of K., observing that it contradicted the applicant’s own submissions. In the light of all the information in its possession, including what was known of the applicant’s intellectual capacity, the Regional Court found that he must have known that he had been meeting StB agents and that their contact had actually amounted to formal collaboration. In so far as the applicant had disputed such a conclusion and asserted that his registration in the StB files had been unjustified, he had failed to prove his case; in particular, he had failed to show that the registration was contrary to the applicable rules. 55. On 6 July 1999 the applicant lodged an appeal with the Supreme Court. He challenged the credibility of witness P., objected that he had had no access to the 1972 guideline, which was a crucial piece of evidence, and argued that the Regional Court had erred in its factual assessment of the case. 56. On 4 August 1999 the SIS filed its observations in reply to the appeal. On 24 August 1999 the Regional Court transmitted the case file to the Supreme Court for a decision on the appeal. 57. On 26 October 1999, following a hearing held on the same day, the Supreme Court upheld the Regional Court’s judgment.
It found that the Regional Court had adequately established the facts of the case and found no logical or other errors in the Regional Court’s assessment of the evidence.
The Supreme Court held that the fact that the applicant was registered in the StB files as a person referred to in section 2 (1) (b) of the Lustration Act did not by any means constitute evidence that he had been a conscious collaborator of the StB.
In line with established judicial practice, the Supreme Court pointed out that the procedure concerning the issuance of a security clearance under the Act could not amount to a violation of an individual’s good name and reputation. Only unjustified registration in the StB files would amount to such a violation.
The Supreme Court considered that it was crucial for the applicant to prove that his registration had been contrary to the rules applicable at the material time and concurred with the Regional Court’s conclusion that the applicant had failed to do so. No appeal lay against this decision. | [
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4. The applicants were born in 1955 and 1959 respectively and live in Bratislava. 5. The applicants own a residential house. Two flats in the house are occupied under a lease by families P. and S. respectively. The applicants sought a judicial ruling pursuant to Article 711 § 1 of the Civil Code authorising the termination of the leases. 6. On 27 May and 16 December 1993, respectively, the termination of the leases was authorised by the Bratislava I District Court (then Obvodný súd, at present Okresný súd) and, on appeal, by the Bratislava Regional Court (then Mestský súd, at present Krajský súd). The leases were to expire three months after the month in which the ruling became final and binding. Under Article 711 § 2 of the Civil Code the defendants were entitled to “alternative accommodation” and were ordered to vacate the flats at issue within 15 days after such accommodation was provided to them. 7. The judgment terminating the leases became final and binding on 12 March 1994. Consequently, the leases expired on 30 June 1994. 8. On 6 July and 31 October 1994 the applicants applied to the District Court for enforcement of the judgment under the general provisions of the Code of the Civil Procedure against, respectively, family S. and family P. 9. On 7 November 1995 the applicants restated their application. They argued that the defendants had refused to accept the flats where the applicants were currently living as the alternative accommodation to which they were entitled. 10. On 5 December 1995 the District Court issued two separate warrants for enforcement. The first warrant was issued in favour of the first applicant against family S. and authorised the moving of S. to the first applicant’s current flat. The second warrant was issued in favour of the second applicant and authorised the moving of P. to her current flat. 11. On 19 December 1995 the defendants challenged the warrants by appeals to the Regional Court arguing that the alternative accommodation offered to them by the applicants was not adequate. 12. In February and May 1996, respectively, the District Court repeatedly invited the applicants to submit documentary evidence. 13. In October 1996 the defendants challenged the Regional Court judges involved in the determination of their appeals for bias. In December 1996 the Supreme Court dismissed the challenge. 14. On 27 March 1997 the Regional Court quashed the warrants of 5 December 1995 finding that the District Court had failed to examine the defendants’ objections as to the adequacy of the alternative accommodation. The matter was remitted to the District Court for a new determination. 15. On 12 November 1997 the Environment Department (odbor životného prostredia) of the Bratislava I District Office (Okresný úrad) ordered that the applicants carry out maintenance work on the roof of the house. 16. On 4 December 1997 the District Court issued new warrants against S. and P. respectively. It formally ordered the enforcement. However, it left the determination of the practical modalities of the enforcement for later, once the applicants had secured adequate alternative accommodation for S. and P. The applicants’ appeal against the warrants was unsuccessful. 17. On 28 January 1999 the District Office imposed a fine of 2,000 Slovakian korunas (SKK)[1] on the first applicant on the ground that she had failed to comply with the order of 12 November 1997. 18. In October 1999 the District Court invited the applicants’ lawyer to submit evidence that adequate alternative accommodation had been secured for the defendants. 19. On 29 November 1999 the District Court enquired of the owner of the flat where the fist applicant was living at that time, the Bratislava Ružinov Municipal Office (Miestny úrad), whether it would consent to moving one of the defendants to that flat. On 22 December 1999 the Municipal Office refused such consent. 20. By two separate decisions of 31 January 2000 the District Court ruled that enforcement of the warrants of 4 December 1997 was not permissible (neprípustný). The first decision concerned the first applicant and was based on the ground that the owner of the alternative flat would not allow S. to move in. The second decision concerned the second applicant and was based on the argument that the alternative accommodation offered by her to P. did not meet the criteria of “adequacy”. On 18 February 2000 the applicants challenged the ruling in an appeal. They disputed the legal definition of “adequate alternative accommodation” applied by the District Court and the factual conclusions at which it had arrived. 21. On 27 April 2000 the Regional Court quashed the decisions of 31 January 2000 on grounds of several procedural flaws at first instance. Among other things, the Regional Court found that it was illegal for the District Court to determine the matter by two separate decisions, each concerning only one of the applicants, given that the flats in issue were in the applicants’ co‑ownership. 22. On 27 February 2001 the Supreme Court declared inadmissible P.’s “appeal on points of law” against the decision of 27 April 2000 as no such remedy was available. 23. In October 2001 the District Court appointed a buildings expert to draw up a report on the suitability of the alternative accommodation offered by the applicants. The report was submitted on 3 December 2001. 24. On 25 September and 1 October 2002, respectively, the applicants commissioned a judicial enforcement officer (súdny exekútor) to enforce the judgment against P. and S. terminating the leases under special legislation - the Enforcement Act (Law no. 233/1995 Coll., as amended). 25. In the meantime the applicants withdrew their petitions of 1994 for enforcement by the District Court under the Code of the Civil Procedure. Consequently, on 18 October 2002, that enforcement was discontinued. | [
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4. The applicant was born in 1957 and lives in Litomyšl. 5. On 25 May 1998 the applicant brought proceedings against C. seeking restitution of a lorry or, alternatively, the payment of compensation. 6. On 19 June 1998 the Blansko District Court (okresní soud) invited the applicant to pay court fees. On 24 June 1998 the applicant requested to be exempted from court fees. On 10 September 1998 he informed the court that he did not receive welfare benefits. On 16 December 1998 the court granted the applicant’s request. 7. In the meantime, on 7 October 1998, the court had received the applicant’s request for an interim measure. 8. On 18 February 1999 the court invited the applicant to clarify his action. Having received this invitation on 12 March 1999, the applicant replied on 18 March 1999. 9. On 18 May 1999 the court asked the Svitavy District Police Directorate (okresní ředitelství policie) to verify the identification data of the lorry concerned. The court received this information on 24 May 1999. 10. According to the Government, the applicant did not attend, without an excuse, a hearing held on 27 May 1999 which was then adjourned sine die. The applicant submits that his legal representative was present at the hearing, together with his ex-wife who was ready to be heard as a witness and that, actually, it was the defendant who did not attend the hearing. 11. On 30 June 1999 the District Court discontinued the proceedings for an interim measure sought by the applicant. On 16 September 1999 the latter appealed to the Brno Regional Court (krajský soud) which, on 24 October 2000, quashed this decision and remitted the case to the District Court, which decided in the applicant’s favour on 22 November 2000. 12. On 15 January 2001 the applicant modified his action, claiming CZK 140,000 (EUR 4,667) should C. could not return the lorry. 13. After a hearing on 30 January 2001, the District Court delivered a judgment in which it ordered C. to pay this sum together with the court fees. On 14 March 2001 C. appealed requesting, at the same time, to be exempted from court fees. On 27 July 2001 the District Court granted his request and, on 14 September 2001, sent the case file to the Regional Court which, on 24 November 2003, modified the first instance judgment, ordering C. to pay CZK 28,000 (EUR 966) to the applicant. 14. On 11 May 2004 the latter filed an appeal on points of law (dovolání) with the Supreme Court (Nejvyšší soud) where, it seems, the proceedings are still pending. | [
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8. The applicant was born in 1957 and lives in Bismil. The application concerns the disappearance of the applicant’s son, Mehmet Şah Şeker, who was 23 years old at the time of the events giving rise to the application. The facts surrounding the disappearance of the applicant’s son are disputed between the parties. 9. On 9 October 1999 at around 6 p.m. the applicant’s son, Mehmet Şah Şeker, left his workplace in Bismil, where he was working as a plumber, to return home. The journey on foot usually took around ten minutes. However, he never arrived home. The route took Mehmet Şah Şeker through a central part of town, past the police headquarters, the Council building, the Governor’s residence and other Government buildings. 10. On 12 October 1999 the applicant was informed by two people that they had seen four persons forcing someone into a white car on or around 9 October 1999. He believed that the latter was his son. 11. Between 11 October 1999 and 5 November 1999 the applicant filed numerous petitions with the public prosecutor’s offices in Bismil, in Diyarbakır, at the Diyarbakır State Security Court, the governor’s office of the state of emergency region and the regional gendarme command in Diyarbakır, the Human Rights Commission of the Turkish Grand National Assembly and the Ministry of the Interior. He requested that the authorities carry out an investigation into the disappearance of Mehmet Şah Şeker and that he be informed of his son’s whereabouts. 12. In 2000 the public prosecutor at the Diyarbakır State Security Court contacted the applicant and requested him to give a blood sample in order to compare his DNA with that of corpses found in houses of Hizbullah members. The applicant did so on 21 February 2000. 13. On 14 October 2004 he was informed by the Diyarbakır public prosecutor that a DNA analysis could not be carried out as there was insufficient DNA in the bones of the corpses. 14. In March 2005 one of the applicant’s legal advisers informed the applicant that he had seen a copy of the university identity card of Mehmet Şah Şeker in the file of the case brought against the leaders of the Hizbullah before the Diyarbakır State Security Court. The applicant subsequently requested the public prosecutor at the Diyarbakır State Security Court to provide him with this document. The public prosecutor however was unable to find it in the case file. 15. On 11 October 1999, after having received the applicant’s petition, the Bismil public prosecutor requested the Bismil Security Directorate to examine the allegations. 16. Following this request, two police officers from the Bismil Security Directorate took statements from the applicant, the employer and two colleagues of Mehmet Şah Şeker. 17. On 20 October 1999 the Diyarbakır public prosecutor initiated an investigation following the receipt of the applicant’s petition. The public prosecutor took statements from the applicant concerning the disappearance of his son. He also contacted the Diyarbakır Security Directorate and requested an investigation into the disappearance. 18. On different dates in 1999 and 2000, the Security Directorates in Bismil and Diyarbakır informed the public prosecutor’s office that Mehmet Şah Şeker had not been taken into custody and that the search was continuing. 19. On 7 July 2000 the Diyarbakır public prosecutor declined jurisdiction ratione loci, holding that the events in question occurred in Bismil, and sent the case file to the Bismil public prosecutor’s office. 20. Until February 2002 little attempt was made by the security forces to obtain evidence in respect of the alleged abduction. In particular, the authorities took no steps on their own initiative to identify possible witnesses. Nor did they obtain statements from the persons who were in police custody at the time of the disappearance of the applicant’s son. 21. On 15 February 2002 the International Law and Foreign Relations Directorate of the Ministry of Justice requested the public prosecutor’s office in Bismil to conduct an effective investigation into the disappearance of Mehmet Şah Şeker. 22. Following this request, the Bismil and Diyarbakır public prosecutors examined the custody records and took statements from the applicant, as well as from those who had been in custody at the Security Directorates in Diyarbakır and Bismil. 23. The investigation into Mehmet Şah Şeker’s disappearance is still continuing. 24. The parties submitted various documents with a view to substantiating their claims. These documents, in so far as they are relevant, may be summarised as follows. 25. The following information appears from documents submitted by the applicant. 26. On 11 October 1999 the applicant filed a petition with the public prosecutor’s office in Bismil. He requested that the authorities carry out an investigation into the whereabouts of his son. 27. On 20 October 1999 the applicant lodged further petitions with the public prosecutor’s office at the Diyarbakır State Security Court and the public prosecutor’s office in Diyarbakır. He requested to be informed of his son’s whereabouts. He further requested the Diyarbakır public prosecutor to refer his petition to the regional gendarme command. 28. On the same day, the applicant filed petitions with the governor’s office of the state of emergency region and the regional gendarme command. In his petitions he stated that his son had been missing for twelve days and requested information. 29. On 24 and 27 October 1999 the applicant filed petitions concerning his son’s disappearance with the Human Rights Commission of the Turkish Grand National Assembly. In his petitions, the applicant stated that his son had been involved in a fight with a plain-clothes policeman one month prior to his disappearance and that he had since been followed and threatened by the police. The applicant further maintained that he had applied to various authorities but received no response to his petitions. The applicant requested the Human Rights Commission to conduct an investigation into the circumstances of his son’s disappearance. 30. On 2 November 1999 the head of the Organisation for Human Rights and Solidarity for Oppressed People (Mazlum-Der), Mr Yılmaz Ensaroğlu, petitioned the Ministry of the Interior informing the latter about the disappearance of Mehmet Şah Şeker and requesting that an investigation be conducted. 31. On 5 November 1999 the applicant lodged a further petition with the Ministry of the Interior and requested to be provided with information. 32. On 21 December 1999 the chair of the Human Rights Commission of the Turkish Grand National Assembly, Ms Sema Pişkinsüt, sent a letter to Mr Ensaroğlu stating that the Diyarbakır Security Directorate had prepared a form for missing persons with regard to Mehmet Şah Şeker and sent copies of it to the Bismil District Security Directorate. 33. On 14 October 2004 the applicant filed a petition with the public prosecutor’s office in Diyarbakır and requested information as regards the outcome of the DNA analysis. 34. On the same day, the Diyarbakır public prosecutor notified him that it could not be established whether or not one of the corpses was his son as there was insufficient DNA in the bones of the corpses and the existing DNA had deteriorated. 35. The following information appears from documents submitted by the Government. 36. On 11, 14 and 15 October 1999 two police officers took statements from the applicant, the employer and two colleagues of Mehmet Şah Şeker and his cousin. In his statement, the applicant maintained that he did not suspect anyone regarding his son’s disappearance. Mehmet Şah Şeker’s colleagues and cousin had no information concerning his whereabouts. His employer maintained that, on the day of his disappearance, Mehmet Şah Şeker had gone to a building owned by A.Y., in order to carry out a repair. 37. On 15 October 1999 the Bismil Security Directorate reported to the Bismil public prosecutor that the investigation into the circumstances of Mehmet Şah Şeker’s disappearance was continuing, but that he could not be found. 38. On 20 October 1999 the public prosecutor took statements from the applicant concerning the disappearance of his son. In his statement, the applicant maintained that he was told by a number of people that his son had been taken into custody by police officers and later transferred to the Diyarbakır Security Directorate. He further stated that his son might have been abducted by persons who had presented themselves as police officers. He finally requested that the custody records of the security directorate be examined. On the same day, the Diyarbakır public prosecutor sent a letter to the security directorate in Diyarbakır requesting an investigation. 39. On 10 November 1999 the Diyarbakır Security Directorate reported to the Diyarbakır public prosecutor that the applicant’s son had not been taken into custody. 40. On 17 November 1999 the Bismil public prosecutor requested the Bismil Security Directorate to inform all security directorates in the country of Mehmet Şah Şeker’s disappearance. 41. On 22 November 1999 the Bismil Security Director sent a letter to the Bismil public prosecutor stating that the Diyarbakır Security Directorate had been informed of Mehmet Şah Şeker’s disappearance and that a form concerning missing persons had been prepared. He further stated that the search for the applicant’s son was continuing. 42. On 24 December 1999 the Bismil public prosecutor took statements from the applicant, who maintained that his son was still missing and that he did not know his whereabouts. 43. On 8 March 2000 the Bismil public prosecutor requested the Security Directorate and the Gendarmerie Command in Bismil to provide the custody records of 8-11 October 1999. According to the copies of these records, the applicant’s son was not in police or gendarme custody during the relevant period. 44. On 7 July 2000 the Diyarbakır public prosecutor declined jurisdiction ratione loci, holding that the events in question occurred in Bismil. He therefore sent the case file to the Bismil public prosecutor’s office. 45. On 15 February 2002 the International Law and Foreign Relations Directorate of the Ministry of Justice sent a letter to the public prosecutor’s office in Bismil, requesting the latter to conduct an effective investigation into the disappearance of Mehmet Şah Şeker. The Ministry particularly requested the public prosecutor to obtain statements from others who were in police custody at the time of the disappearance of the applicant’s son and also from those who had allegedly witnessed his abduction. The Ministry further stated that the Hizbullah, an illegal organisation, was responsible for several abductions and disappearances in the region and requested that the investigation be carried out with particular regard to the Hizbullah’s activities. It finally requested that the security forces be invited to give information concerning any developments in the investigation. 46. On 27 February 2002 the Diyarbakır public prosecutor requested the Anti-Terror Branch of the Diyarbakır Security Directorate to provide the custody records of 9, 10 and 11 October 1999. On the same day, he took statements from the applicant, who maintained his previous declarations. The applicant said that he did not want to give the names of the persons who had informed him about his son’s abduction. 47. On 8 March 2002 the deputy director of the Anti-Terror Branch of the Diyarbakır Security Directorate sent a copy of the above-mentioned custody records to the Diyarbakır public prosecutor, and informed the latter that a search warrant had been issued for Mehmet Şah Şeker as he was suspected of involvement in Hizbullah activities. 48. Between March and November 2003 the Diyarbakır public prosecutor took statements from fourteen persons who had been in custody in the Diyarbakır Security Directorate on different dates between 10 and 18 October 1999, and from one person who had been in custody between 7 and 9 October 1999. These fifteen people confirmed that they had not seen Mehmet Şah Şeker in the Diyarbakır Security Directorate on the days in question. Statements of a certain M.Ç. who had been in the Bismil Security Directorate on 10 October 1999 were also taken. He stated that he had not seen the applicant’s son during his custody. 49. On 30 October 2003 the Bismil public prosecutor took further statements from the applicant who maintained his previous declarations and requested that his son be found. 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 Mehmet Şah Şeker. In reply to these requests, the police and gendarmerie notified the public prosecutors that the missing person could not be found and that the investigation was continuing. The Ministry of Justice was also informed by the public prosecutors of the responses given by the security forces. | [
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4. The applicant was born in 1946 and lives in Prague. 5. On 25 March 1992 the applicant’s brother brought restitution proceedings before the Brno Municipal Court (městský soud) against the Brno I Housing Association (podnik bytového hospodářství). 6. Between 2 November 1992 and 4 January 1995, the court and the parties to the proceedings took a number of procedural steps, including a query by the court on 7 December 1994 regarding a possible settlement, to which the defendant replied on 4 January 1995. 7. On 6 June 1995 the applicant requested the court to be added to the proceedings as a second claimant. His request was granted at a hearing held on 8 August 1995, which was then adjourned sine die, the claimants being requested to complete, within one month, their action. 8. On 10 May 1996 the claimants were urged to supplement their action. 9. On 16 December 1996 the court granted the claimants’ request that two other defendants be added to the proceedings. At the same time, it invited the claimants to present documentary evidence. 10. On 19 February 1997 the court dismissed one of the defendants’ appeals of 16 January 1997 against the previous decision. On 19 May 1997 it requested that evidence suggested by the applicant be adduced. 11. A hearing held on 4 September 1997 was adjourned until 14 October 1997. However, on 7 October 1997 it was again adjourned sine die, the plaintiffs’ submissions and claims still being unclear. 12. A hearing held on 3 March 1998 was adjourned in order to complete the evidence. On 1 April 1998 the applicant adduced further documents in evidence. On 4 May 1998 the court invited the parties to submit their final written pleadings. 13. In a judgment of 30 June 1998 the Municipal Court dismissed the claimants’ restitution action. 14. On 1 and 6 October and 18 November 1998 respectively, the court received the claimants’ appeals. According to the applicant, his appeal was dated 27 September 1998. 15. On 8 December 1998 the Municipal Court sent the case file to the Brno Regional Court (krajský soud) which, on 26 February 1999, invited the applicant to clarify, within seven days, his challenge to the Municipal Court’s presiding judge for bias. On 10 March 1999 the applicant complied, mentioning at the same time his new domicile. On 18 March 1999, the Regional Court remitted the case file to the Municipal Court, inviting the presiding judge to submit her comments. On 5 May 1999 the judge replied that she did not feel impartial. 16. On 3 January 2000 the Regional Court informed the Brno Municipal Prosecutor (městské státní zastupitelství) that the applicant’s wording in his appeal of 27 September 1999 had to be interpreted as a criminal claim against the Municipal Court’s presiding judge, with which the court could deal. On 4 February 2000 the Municipal Prosecutor informed the court that the motion in question could not be considered as a criminal claim. 17. On 5 September 2000 the Regional Court quashed the first instance judgment and remitted the case to the Municipal Court, stating that the judgment lacked sufficient reasoning, which consisted in mere references to the legal opinions of the parties and to facts presented by them. It also disqualified the Municipal Court’s presiding judge from considering the applicant’s case, as she had herself filed a request to be withdrawn, whilst rejecting the applicant’s allegation of anti-Semitism. 18. On 23 October 2000 the Constitutional Court (Ústavní soud) declared the applicant’s constitutional appeal (ústavní stížnost) of 28 April 2000 inadmissible, stating inter alia that, although the restitution proceedings were long, the Regional Court had acted in the meantime by rendering its decision on 5 September 2000. 19. On 23 January 2001 the applicant, having received the Regional Court’s decision on 13 December 2000 because, according to the Government, he had changed his domicile in the meantime, suggested a modification of the restitution action and the defendants. On 7 February 2001 his brother informed the court that he agreed with these modifications. On 19 April 2001 one of the defendants submitted its comments. 20. On 26 April 2001 the Municipal Court took a partial decision on the applicant’s request that the original action be modified. 21. On 25 May 2001 the applicant appealed challenging, at the same time, the presiding judge for bias. Therefore, on 27 June 2001, the case file was sent to the Regional Court. 22. The applicant lodged a constitutional appeal, requesting the Constitutional Court to recognise the delays in the proceedings and to quash certain statutory provisions. On 20 June 2002 the Constitutional Court rejected this appeal as being manifestly ill-founded. 23. On 16 August 2002 the Regional Court partly upheld the Municipal Court’s decision of 26 April 2001. It also decided that the presiding judge was not excluded from the examination of the restitution case. The Regional Court’s decision became effective on 23 September 2002. 24. On 18 October 2002 the Municipal Court invited the claimants to specify the defendants in their restitution case. On 19 November 2002 the applicant replied, but not his brother. 25. According to the applicant, the Municipal Court held a hearing on 3 February 2004. On 29 February 2004 the applicant, following the Municipal Court’s request of 19 February 2004, expressed his opinion on the case. 26. On 11 March 2004 the Municipal Court refused the claimants’ request that the defendant party be modified. 27. On 8 June 2004 the Municipal Court partly granted the claimants’ restitution action. 28. On 9 July 2004 the claimants appealed. It appears that the proceedings are still pending. | [
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8. Tüm Haber Sen is a trade union, now dissolved, which was active between 1992 and 1995. The application was lodged by its former president, İsmail Çınar, a Turkish national who was born in 1954 and lives in Istanbul. 9. On 16 January 1992 Tüm Haber Sen was formed when its founding document was lodged with the Istanbul Governor's Office, in application of Article 51 of the Constitution. Its statutes referred, inter alia, to the right to conclude collective-bargaining agreements. The founders of Tüm Haber Sen were 851 public-sector contractual staff working in the communications field, in particular for the post office (PTT) and the telecommunications service (Türk Telecom). When it was dissolved the trade union had 40,000 members and 55 local branches. 10. On 20 January 1992 the Istanbul Governor's Office applied to the Şişli public prosecutor's office, seeking the suspension of Tüm Haber Sen's activities and the trade union's dissolution on the ground that State employees could not form trade unions. It referred in its complaint to Article 51 of the Constitution, section 1 of the Trade Union Act (Law no. 2821) and sections 22 and 27 of the State Employees Act (Law no. 657). 11. In a notice of 3 February 1992, the Principal Public Prosecutor called on the Fourth Civil Division of the Şişli District Court to suspend the trade union's activities and to order its dissolution on the ground that under the positive law State employees, who were subject to Law no. 657, were not entitled to form trade unions. 12. In their written observations submitted to the District Court on 26 March 1992, the trade union's representatives argued that the legal provisions in force did not expressly prohibit the formation of trade unions by civil servants and that an obstacle to the exercise of trade-union rights would be in breach of Turkey's international commitments as a signatory to the European Convention on Human Rights, the conventions of the International Labour Organisation, and the European Social Charter. 13. On 15 December 1992 the District Court suspended the trade union's activities and ordered that it be dissolved. 14. The trade union's representatives appealed to the Court of Cassation. 15. On 14 February 1994 the Court of Cassation quashed the District Court's judgment and referred the case back to it. In its reasoning, it stated that the fact that the words “trade union” appeared in the association's title did not make it a trade union in the technical sense, namely that it would be authorised to call strikes and to enter into collective agreements. At the most, the association could be considered as a professional organisation which aimed to protect the interests of its members, who worked in a specified sector. 16. Before the District Court, the representatives of Tüm Haber Sen argued that it ought to be considered as a trade union which was authorised to call strikes and to enter into collective agreements. On 9 November 1994 the District Court, having examined the arguments submitted by the trade union's representatives, upheld its initial judgment. 17. The trade union's representatives again submitted an appeal on points of law. 18. In a judgment of 24 May 1995, the Court of Cassation, sitting as a full court and ruling at last instance, ordered the dissolution of Tüm Haber Sen. It considered that implementation of the right to form trade unions, as set out in the Constitution, required the enactment of a general principles act. In the absence of any statutory provisions governing the legal status of trade unions for civil servants or public-sector contractual workers, the applicant trade union could not claim to have any legal status. Nor could it be considered as an association or as some form of professional organisation, since its leaders expressly presented it as a full trade union. In spite of Turkey's ratification of International Labour Conventions nos. 87 (on freedom of association and protection of the right to organise) and 151 (on protection of the right to organise and the procedures for determining the conditions of employment in the civil service) on 12 July 1993, the Court of Cassation, sitting as a full court, considered that the trade union could not rely on the conventions in question, since they were not directly applicable in domestic law and the legislature had not yet enacted implementing legislation. 19. The judgment was served on the trade union's representatives on 8 June 1995. 20. Between 26 June 1995 and 2 August 1995, all of Tüm Haber Sen's branches and sections were dissolved on the orders of the Ministry of the Interior. | [
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10. The applicant was born in 1951 and lives in İstanbul. 11. At the time of the events giving rise to the application, the applicant worked as a customs broker in a private company. 12. On 28 December 1988 the applicant was questioned by a customs inspector in respect of his involvement in the smuggling of electronic goods. 13. On 7 March 1989 the customs inspector submitted his report and on 18 May 1989 the Edirne public prosecutor filed a petition with the Edirne Assize Court accusing the applicant and three other suspects of smuggling electronic goods. He requested that the applicant be convicted and sentenced under Articles 27 §§ 2, 3, 4 and 5 and 33 § 2 of Law no. 1918. 14. On 22 May 1989 the criminal proceedings initiated against the applicant and three other co-accused commenced before the Edirne Assize Court. 15. On 27 July 1989 the applicant was remanded in custody. He was released pending trial on 19 June 1990. 16. On an undetermined date, the Edirne public prosecutor submitted an additional indictment against six other suspects and the cases were joined. 17. On 10 September 1991 the Edirne Assize Court declared that it lacked competence ratione materiae to examine the case. The case-file was transferred to the İstanbul State Security Court. 18. On 18 November 1992, Article 9 of Law no. 2845 on the Establishment and the Rules of Procedure of the State Security Courts was amended to exclude organized smuggling offences within the competence of the State Security Courts. Accordingly, on 25 December 1992 the İstanbul State Security Court declared that it lacked competence ratione materiae to examine the case. 19. On 25 January 1993 the criminal proceedings before the Edirne Assize Court commenced. The applicant was tried together with nine other co-accused. 20. Between 25 January 1993 and 26 December 1995 the first-instance court held twenty-two hearings on regular intervals. During this period the court undertook various procedural decisions with a view to determining the addresses of the co-accused and obtaining their additional defence submissions by way of rogatory letters. 21. In a hearing held on 18 November 1993 the court noted that no reply had been received from the various authorities to its requests for information for the case-file. On 15 September 1994 the court observed that the documents from the German authorities in respect of the co‑accused Mr K.Ç. had been translated and submitted to the case-file. It further noted that the Küçükçekmece Civil Court had not responded to its instruction to hear the co-accused Mr H.K. The court was informed that the public prosecutor’s office was unable to determine the address of another co‑accused Mr E.Ç. The court issued instructions to both the Küçükçekmece Civil Court and the public prosecutor’s office with a view to completing the case-file. 22. On 23 February 1995 the additional defence submission of Mr H.K. was submitted to the court. The court noted that the public prosecutor’s office had not responded to its request to determine the address of Mr E.Ç. 23. On 11 April 1995 the address of Mr E.Ç. was submitted to the court by the public prosecutor’s office. It appeared that Mr E.Ç. was a civil servant working in the Sarp Customs. On 25 May 1995 the additional defence submission of Mr E.Ç., taken by Hopa Criminal Court of First Instance, was submitted to the case-file. 24. On 27 June 1995 the public prosecutor submitted his observations on the merits. The applicant requested time to submit his final defence submissions. 25. On 10 August 1995 the applicant read out his final defence submissions before the court. 26. On 26 December 1995 the Edirne Assize Court convicted the applicant on account of his involvement in organised smuggling and sentenced him to nine years’ imprisonment and to a fine of 6,158,746,372 Turkish Liras (TRL). 27. On 25 December 1996 the Court of Cassation held a hearing and upheld the judgment of the first‑instance court. The decision of the Court of Cassation was sent to the registry of the first-instance court on 31 January 1997. 28. On 7 February 1997 the applicant was released from prison. 29. On 21 May 1997 the principal public prosecutor at the Court of Cassation dismissed the applicant’s request for the rectification of the Court of Cassation’s decision. | [
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8. The applicant was born in 1961 and lives in Kramatorsk, Ukraine. 9. On 13 April 2000 the Kramatorsk City Court (the “Kramatorsk Court”) ordered the OJSC “Teploenergomontazh” (the “TEM”) to pay the applicant UAH 5,949.11[1] in compensation for salary arrears. 10. On 27 July 2000 the Donetsk Regional Court (the “DRC”) upheld this judgment. 11. According to the documents submitted by the Government, the judgment of 13 April 2000 was enforced in full on 30 November 2000. The enforcement proceedings were terminated on the same date. 12. On 13 December 2000 the Presidium of the DRC allowed the protest filed by its President, following the defendant company’s request for a supervisory review, quashed the judgment of 13 April 2000 and the ruling of 27 July 2000, and remitted the case to the Kramatorsk Court for a fresh consideration. | [
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8. At approximately 2 a.m. on 6 June 1993 Mr Stefanov died after having fallen the previous day from the window of room 36 on the third floor of the police station in the town of Kazanluk. Numerous injuries were found on his body. The ensuing investigation concluded that he had voluntarily jumped out of the window of the room where he had been brought for questioning, and that all his injuries had been the result of his fall. The applicants contested these conclusions. 9. At an unknown time on 4 June 1993 Mr Stefanov, then aged twenty‑three, was arrested by the police in the town of Muglizh. Another person, Mr D.O., also of Roma ethnic origin, was likewise taken into custody. According to a subsequent statement of Mr D.O., he had turned himself in, whereas according to a statement of lieutenant I.C., a police officer involved in these events (see paragraph 10 below), he had been arrested. Apparently Mr Stefanov and Mr D.O. were suspected of numerous thefts and burglaries committed in complicity. The two were brought to the Kazanluk police station either later that evening or the next morning. The applicants submitted that Mr Stefanov had been in good health at the time of his arrest. The Government did not contest this assertion. 10. The events of the next morning, as described hereafter, are only known from the statements of lieutenant I.C. and chief sergeant H.B., the two police officers who participated in the events, of Mr D.O., and partly from the statement of chief sergeant B.B., an officer guarding the cell block of the police station. Apparently the only eyewitnesses to what happened in room 36, from whose window Mr Stefanov fell to the ground, were lieutenant I.C., chief sergeant H.B. and Mr D.O. 11. Lieutenant I.C. arrived at the Kazanluk police station at approximately 10 a.m. on 5 June 1993 and first proceeded to question Mr D.O. about the thefts and burglaries allegedly committed by him and Mr Stefanov. 12. The questioning took place in lieutenant I.C.’s office – room 36 on the third floor of the police station – an east‑facing room measuring 5 by 2.8 m.. It had two two‑wing windows, overlooking the backyard, with sills 96 cm above the floor. It seems that the south window was opened. In the middle of the room there were two desks, adjacent to each other. 13. In the back yard, beneath the room’s windows, 70 cm south of the one which was open, there was a shed for motorcycles, with a 1.95 meter high ceiling, covered with an iron sheet roof. Beside the shed there was an inspection tunnel for automobiles, leading to an underground garage. The inspection tunnel had a concrete edge. The room’s windows stood at 9.6 m above the ground, the distance between the windows and the concrete edge was 7.9 m, and that between the windows and the iron sheet roof – 5.9 m. 14. After questioning Mr D.O., lieutenant I.C. sent him back to the cell block on the first floor, and brought Mr Stefanov up for questioning. During the questioning Mr Stefanov was seated in a chair behind the south desk in room 36. Lieutenant I.C. was sitting opposite him, behind the north desk. Throughout the questioning Mr Stefanov was handcuffed. It is not clear whether his hands were secured behind his back or in front of him. 15. According to the statements made later by lieutenant I.C., sergeant H.B. and Mr D.O., during the questioning the lieutenant established discrepancies between the versions of Mr Stefanov and Mr D.O about their participation in the alleged thefts. At that point, at approximately 11 a.m., the lieutenant called sergeant H.B. and ordered him to bring Mr D.O. up from the cell block in order to be able to confront the two. Sergeant H.B. took Mr D.O. and brought him in front of room 36. Sergeant H.B. and Mr D.O. stood a little south of the room’s door, so that Mr D.O. and Mr Stefanov could not establish eye contact. Lieutenant I.C. started questioning Mr Stefanov and Mr D.O., to compare their answers. Apparently their versions differed and an argument erupted between the two, as they were accusing each other of being the mastermind of the alleged thefts. 16. Then Mr D.O. indicated with his head to lieutenant I.C. that he wanted to tell him something without Mr Stefanov hearing it. The lieutenant stood up from his chair, approached the half‑open door and stood at the doorsill. At that moment Mr Stefanov, still handcuffed, bolted from his chair, made towards the open window and climbed on the window sill by stepping on a chair placed under the window. Chief sergeant H.B. shouted: “This one is going to run”. Lieutenant I.C. turned around and saw Mr Stefanov in the window frame, one leg out in the air and the other leg inside the room. The lieutenant shouted: “Don’t jump!”, but Mr Stefanov threw his other leg out of the window and jumped. The lieutenant rushed towards the window. 17. There are inconsistencies in the lieutenant’s statements as to whether he saw Mr Stefanov falling, or only saw him after he had already hit the ground. In his report dated 11 June 1993 the lieutenant stated that he had only seen Mr Stefanov’s body supine on the ground. However, when questioned about the incident on 20 June 1994, the lieutenant maintained that when he had rushed to the window, he had been able to see Mr Stefanov’s fall, and had seen his body hit the iron sheet roof of the shed beneath the window before rolling off and onto the ground. When questioned for a second time on 21 July 1997, the lieutenant stated that he could not recall exactly the phases of Mr Stefanov’s fall and could not tell whether Mr Stefanov had first hit the roof of the motorcycle shed, as he did not remember whether he had gone to the window immediately. He explained that his memories had faded because the events had taken place a long time before and had unfolded very quickly (see paragraphs 34, 36 and 56 below). 18. There are also inconsistencies in Mr D.O.’s statements as to whether he saw Mr Stefanov’s fall at all. When first questioned about the incident on 8 June 1993, he stated that he had not directly seen Mr Stefanov jump. During his second questioning on 13 December 1993 Mr D.O. maintained that he had seen Mr Stefanov standing up with his handcuffs on, moving towards the window and jumping. However, he did not state that he had seen Mr Stefanov’s fall, but had only seen him supine on the ground. 19. Chief sergeant H.B. rushed down the stairs to the back yard, where he found Mr Stefanov lying unconscious, half on his back, half on his right side, on an iron grill in front of the garage. His handcuffs had broken, he was bleeding and breathing heavily. Chief sergeant H.B. poured water on him to try to revive him. An ambulance was called shortly afterwards and Mr Stefanov was taken to the regional hospital in Kazanluk, where he died at approximately 2 a.m. the following morning (see paragraph 26 below). 20. Having been notified about the incident at 12.10 p.m., investigator G.S. of the District Investigation Service in Kazanluk inspected the scene of the incident. Starting at 1.15 p.m., he first inspected the back yard of the police station, where Mr Stefanov had fallen to the ground, and then room 36. The minutes of the inspection state that the site of the incident had “not been preserved – the injured person having been removed”. The minutes describe the ground beneath the windows of room 36 as covered partly with an iron grill, the remainder being a concrete surface. Two bloodstains are noted: one on the iron grill, and one under it. The bloodstain under the grill measured 5 to 6 cm. During the inspection of room 36 a chair was found just beside the window and a piece of plaster 5 cm long was found under the window frame. 21. The same day, while Mr Stefanov was still alive but in a coma, colonel P., prosecutor at the Plovdiv Military Regional Prosecutor’s Office, ordered that he be examined by Dr E.B., medical doctor at the forensic medicine ward of the Stara Zagora regional hospital. 22. At 7 p.m. on 5 June 1993 Dr E.B. examined Mr Stefanov in the presence of Dr K., a neurosurgeon from the Kazanluk regional hospital. He found that Mr Stefanov was in a coma and could not communicate. He recorded that the “on‑duty police officer” had told him that Mr Stefanov had jumped from the window of a room on the third floor of the police station, that he had fallen on an iron sheet roof, and then on the ground in front of the underground garage of the station, on an iron grill. 23. He noted the following injuries on Mr Stefanov’s body:
“The lids of the right eye are suffused and are bluish-violet in colour. An abrasion with underlying surface, measuring 6 by 6 cm, was found in the area of the right cheekbone. An arch-shaped wound with uneven and suffused edges 2 cm long, was found on the outer edge of the right eye. Two slit-shaped parallel violet suffusions, 1 cm wide and 8 cm long, are visible on the back of the right shoulder. The distance between them is 3.5 cm. At the middle of the thorax one can observe a slanted elongated violet suffusion, measuring 4 by 1 cm. A similar suffusion, measuring 3 to 2 cm, was found on the left buttock. The right upper limb is immobilised with a plaster dressing. Three oval abrasions with underlying surface, the biggest measuring 1 by 1 cm, were found on the lateral side of the right knee. The skin on the lateral side of the right sole is suffused and bluish-violet in colour. A spotted suffusion, measuring 8 by 3 cm, was found on the inner side of the left sole. An underlying abrasion, measuring 6 to 4 cm, is visible on the lateral side of the right calf. A superficial slit-shaped wound with uneven edges and length 3 cm was found on the left parietal-temporal area.” 24. Dr E.B. concluded that the injuries described could have been sustained in a two‑stage fall. 25. The laboratory tests detected no traces of alcohol in Mr Stefanov’s blood or urine. 26. Mr Stefanov died at approximately 2 a.m. the following morning. 27. On the following day, 6 June 1993, Dr E.B. performed an autopsy on Mr Stefanov’s dead body. The doctor described his findings in detail in his report. He noted the following:
“EXTERNAL INSPECTION[:]
... The eyelids are closed. The lids of the right eye are suffused and bluish-violet in colour. An arch-shaped wound with uneven and suffused edges, 2 cm long, is visible in the outer eye angle of the right eye, on the orbital edge. An abraded spot at the level of the skin, covered with reddish scab, 6 by 6 cm, is visible in the area of the right cheekbone. ... A slit-shaped wound with uneven and suffused edges, 3 cm long, is visible in the parietal-occipital-temporal area. Small tissue bridges are visible at the bottom of the wound. ... An oblique bluish suffusion, measuring 4 by 2 cm, is visible on the frontal part [of the thorax], in the middle part, in the projection of the sternum. Two strip-shaped bluish-violet blood suffusions, parallel to one another, measuring 8 by 2 cm, at a distance of 3.5 cm between them, are visible on the back surface of the right shoulder. ... A bluish-violet suffusion, measuring 4 by 3 cm, was found on the left buttock. ... The right armpit bone is broken in the middle third with suffusions in the musculature. A wound with an irregular shape and even edges, measuring 3 by 2 cm, is visible in this area, on the lateral surface. The bone fragments are at its bottom. Two strip-shaped grazed areas covered with whitish scab at the level of the skin, each measuring 40 by 3 mm, and a distance between them of 5 mm, were found in the area of the right wrist. Three abraded areas covered with reddish scab at the level of the skin, the biggest one measuring 1 cm in diameter, were found on the lateral side of the right knee. A similar grazed area, measuring 4 by 6 cm, was found on the lateral surface of the right calf. The skin on the lateral part of the right sole is suffused and bluish. A similar suffusion, measuring 8 by 3 cm, was found on the internal surface of the left sole.
Deep skin incisions were made on the back of the corpse, and thereupon suffusions of the soft tissues and the musculature of the right part of the back, in the area of the right shoulder-blade, measuring 18 by 8 cm, vertically oriented, were found. ... A suffusion of the tissues was found in the musculature and the sub‑cutaneous layer of the left buttock, in the projection of the above-described suffusion.
INTERNAL INSPECTION[:] Head. The soft cranial membranes have suffusions on the right frontal-temporal area, on the left parietal-occipital-temporal area, below the above described lacerated-contusion wound. ... A linear fracture was found at the base of the skull, beginning from the right frontal-temporal area, passing on the roof of the right orbit, and ending in the area of the sella turcica. ... The soft meninges are suffused in the temporal parts. ... Rounded violet suffusions, with diameter of not more than 2 mm, were found at the base of the brain, in the area of the right frontal parts.
... The first, seventh, and eighth ribs on the right side are broken on the posterior sub-arm line with a suffusion in the intercostal musculature. The fractures are wide open inward.” 28. In the concluding part of the report Dr E.B. summarised the injuries on Mr Stefanov’s body as follows:
“Combined cranial-cerebral and thoracic trauma following a fall from a substantial height. Fracture of the base of the skull. Cerebral contusion, cerebral oedema, with wedging of the cerebellar tonsils. Suffusion of the meninges. Fracture of ribs on the right side. Lacerated-contusion wounds on the head and the face. Suffusions of the cranial membranes, the face, the thorax, and the limbs. Abrasions on the face and the limbs. Open fracture of the right armpit bone. Suffusion of the buttocks. Lack of alcohol in the blood and the urine.” 29. Dr E.B. concluded that the death had been caused by a cranial‑cerebral trauma, consisting of a fracture of the skull, a contusion and a brain oedema. 30. Addressing the question of the manner in which the injuries had been caused, Dr E.B. stated:
“The described traumatic injuries were caused by the impact of the body against solid blunt objects and could be sustained in a two-stage fall from a substantial height. The inspection and the autopsy revealed head and body traumatic injuries: head – on the right frontal-temporal area [and] on the left parietal-occipital-temporal area; body – front and back, more pronounced on the right side; limbs – right upper limb, lateral surface of the right leg and internal surface of the left sole. The fall on the roof of the shed produced the injuries on the right side of the forehead and the face and the front of the body. The second stage of the fall – from the roof of the shed to the ground in front of the underground garage – resulted in the injuries on the back of the body, the left parietal-occipital-temporal area of the head and lower limbs. The two chafings of the right wrist suggest sustained contact with handcuffs. The right armpit bone was broken during the first stage of the fall if the hands were handcuffed in front, and during the second stage if the hands were handcuffed on the back.” 31. Dr E.B. finished his autopsy report with the following findings:
“All traumatic injuries were sustained while [Mr Stefanov was alive], is indicated by from the suffusions in the areas of the broken bones. These injuries were sustained at the same time and it is possible that they occurred at the time stated in the preliminary data.
The inspection of the body and the autopsy did not reveal traumatic injuries which cannot be explained by a fall from a substantial height.
At the time of his death [Mr] Stefanov was not under the influence of alcohol, but the expertise cannot confirm the same for the moment of the fall, because the alcohol test sample was taken more than twelve hours after the incident.” 32. On 8 June 1993 Mr D.O. was questioned about the incident. He stated, inter alia, that he had not directly seen Mr Stefanov jump. 33. An investigation was opened on 17 June 1993 by the Plovdiv Military Regional Prosecutor’s Office. 34. The military investigator in charge of the case, Mr S.S., collected the written reports of lieutenant I.C., chief sergeant H.B. and sergeant B.B., but did not question the officers. He started working on the case on 13 December 1993, when he questioned Mr D.O. The latter stated, inter alia, that he had not been mistreated and that Mr Stefanov body did not indicate any bodily assault at the time of his questioning in the morning of 5 June 1993. He also maintained that he had seen Mr Stefanov standing up with his handcuffs on, moving towards the window and jumping. However, he did not state that he had seen Mr Stefanov’s fall, but had only seen him lying on the ground. 35. On 8 February 1994 the Plovdiv Military Regional Prosecutor’s Office transferred the case to the competent district prosecutor’s office, in view of the amendments to the Code of Criminal Procedure (“the CCP”) of December 1993 whereby offences allegedly committed by police officers came under the jurisdiction of the general courts (see paragraph 71 below). However, on 5 April 1994 the case was sent back to the Plovdiv Military Regional Prosecutor’s Office pursuant to special instructions by the Chief Prosecutor’s Office of 16 February 1994. On 20 April 1994 the Plovdiv Military Regional Prosecutor’s Office remitted the case file to captain I.N., a military investigator in Stara Zagora, for further action. 36. Lieutenant I.C. was questioned on 20 June 1994 by the military investigator, captain I.N. He stated, inter alia, that when he had rushed to the window, he had been able to see Mr Stefanov’s fall and had seen his body hit the iron sheet roof of the shed situated beneath the window before hitting the ground (see paragraph 17 above). 37. On 30 June 1994 investigator I.N. recommended that the investigation be discontinued, citing the lack of evidence for a criminal offence. He found that the medical expert report had established that all of Mr Stefanov’s injuries had been sustained during his two‑stage fall from the window. This finding coincided with lieutenant I.C.’s statement that he had seen Mr Stefanov’s body first hit the roof of the shed beneath the window and then fall on the ground in front of the underground garage. The investigator concluded that Mr Stefanov had jumped out of the window of his own will, and that this had not been provoked by the conduct of lieutenant I.C. or another police officer. 38. On 29 July 1994 colonel Y.T., prosecutor at the Plovdiv Military Regional Prosecutor’s Office, discontinued the proceedings and sent the case file to the Kazanluk District Prosecutor’s Office for further action. He reasoned that Mr Stefanov had suddenly jumped from the window of room 36 during questioning, in the presence of lieutenant I.C. and Mr D.O. He had fallen on the ground and had immediately been taken to a hospital, where he had died despite the efforts to revive him. As could been seen from the medical expert report, the Mr Stefanov’s death had been caused by a combined cranial-cerebral and thoracic trauma, a fracture of the base of the skull, a cerebral contusion, a suffusion of the meninges, lacerated-contusion wounds on the head and the face, and suffusions of the limbs. There was no indication that lieutenant I.C. had contributed in any way to Mr Stefanov’s death. 39. On 4 August 1994 the Kazanluk District Prosecutor’s Office sent the case back to the Plovdiv Military Regional Prosecutor’s Office, stating that there was nothing for them to do since the proceedings were discontinued. 40. During the following year the case file was shuttled between various prosecutor’s offices. On 4 October 1994 the first applicant, who was apparently unaware of the latest developments, complained to the Chief Prosecutor’s Office about the delay in the investigation and stated that she had not been informed of the investigation findings. 41. In view of the amendments to the CCP of June 1995 whereby the military courts, investigators and prosecutors were restored jurisdiction over offences allegedly committed by police officers (see paragraph 71 below), on 3 August 1995 the Military Prosecutor’s Office in Sofia sent the case for review by the Plovdiv Military Regional Prosecutor’s Office with instructions to communicate its ruling to Mr Stefanov’s heirs. 42. In a decision of 27 December 1995 colonel Y.T., prosecutor at the Plovdiv Military Regional Prosecutor’s Office, once again discontinued the investigation for lack of evidence of a criminal offence. He reasoned, without much detail, that Mr Stefanov had jumped from the open window. He had been immediately transported to a hospital, where he had died because of a cranial‑cerebral trauma. It had not been established that lieutenant I.C. or another police officer had abused his office, had brought about Mr Stefanov’s suicide, or had failed to discharge his or her duties. It appears that a copy of the decision was sent to Mr Stefanov’s father. 43. Apparently the applicants were not informed about these developments, although they had requested to be kept abreast of the progress of the investigation on several occasions. 44. A copy of the prosecutor’s decision was obtained by the applicants’ lawyer on 12 November 1996. On 9 December 1996 he filed an appeal against it with the Military Prosecutor’s Office in Sofia, arguing that the investigation was not comprehensive, that a number of investigative steps had not been undertaken and that various facts had not been clarified. 45. In a decision of 9 January 1997 prosecutor V.P. of the investigative department of the Military Prosecutor’s Office in Sofia found that the investigation had not been full and comprehensive. It had not been established at what time on 4 June 1993 Mr Stefanov had been arrested, who had ordered that he remain in detention after the end of the workday, or whether there had been an order for his police detention for a period of twenty‑four hours. If such an order existed, it was not clear who had issued it and on what legal grounds. The legality of the police officers’ actions had to be assessed also from the point of view of Article 127 of the Criminal Code (“the CC”) (see paragraph 66 below). Another fact which had not been clarified were the circumstances of Mr Stefanov’s detention leading up to the incident on 5 June 1993. Also, it was unclear how many objects Mr Stefanov’s body had hit during the fall and what was the number of impacts. No inspection had been carried out of the roof of the motorcycle shed. It was apparent from the photographs that it was not deformed although the doctor’s report had stated that on his way down Mr Stefanov had first hit the roof and only then the iron grill on the ground. The doctor’s report had also stated that the body had sustained two blows during the fall and that all injuries could have been caused by two consecutive blows. Finally, not all persons who could have clarified the facts had been questioned, including chief sergeant H.B., chief sergeant B.B., and others who had been in the back yard and the garage of the police station and might have witnessed the fall. 46. Accordingly, the prosecutor quashed the decision to discontinue the investigation and ordered to:
(i) gather all documents in the Kazanluk police station relating to Mr Stefanov’s arrest and detention on 4 June 1993;
(ii) inspect the site of the incident with a view to establishing the exact material of which the metal sheet roof was made and whether there were any deformations on it; also, establish what the distance between the window and the ground was and whether the bloodstain found on the iron grill was situated directly beneath the window;
(iii) perform a dummy test to determine the exact spot where Mr Stefanov’s body had hit the ground;
(iv) question other possible witnesses; also, take new statements from Mr D.O. about the circumstances of his and Mr Stefanov’s detention and stay in the police station, the possible use of physical violence against them, as well as all other circumstances possibly relevant to the case;
(v) prepare a three-expert forensic report to establish the cause of death and whether there were injuries on Mr Stefanov’s body which had not been caused by the fall form the window. 47. Following the remittal of the case, on 8 March 1997 an investigator inspected the iron sheet roof of the motorcycle penthouse situated beneath room 36, and performed a dummy test. 48. During the inspection it was found that the iron sheet roof had no marks of bending or deformation. 49. A human‑size leather dummy was thrown twice out of the window of room 36. The first time the dummy was dropped perpendicularly and fell directly on the ground in front of the garage, without touching the iron sheet roof of the penthouse. The second time it was thrown at an angle south of the window and hit the iron sheet roof, then the concrete edge beneath the roof, and then fell on the ground. When the dummy hit the iron sheet roof during the second throwing, the roof gave. 50. On 25 March 1997 investigator S.S. questioned chief sergeant H.B. who stated, inter alia, that he had not seen Mr Stefanov’s fall in its entirety, and had no recollection of how many hits he had heard during the fall. 51. On 26 March 1997 investigator S.S. questioned chief sergeant B.B. 52. Following the dummy test, three medical experts were appointed to re‑examine the conclusions about the circumstances in which Mr Stefanov’s injuries had been sustained. More specifically, they were requested to establish what was the cause of Mr Stefanov’s death and whether some of the injuries found on his body could have been the result of factors other than the fall from the window of room 36. Dr E.B., the medical doctor who had examined Mr Stefanov on 5 June 1993 and had performed an autopsy on his dead body, was one of the experts. The others were Dr H.E. and Dr T.T., medical doctors from the forensic medicine and ethics faculty of the university of Stara Zagora. 53. On 18 April 1997 the three experts delivered their report based solely on documents contained in the investigation case file. 54. The experts confirmed the previous findings about the cause of death, namely that it was the result of a cranial and brain trauma, consisting of a fracture of the base of the skull, contusion and oedema of the brain, with a wedging of the cerebellum and paralysis of the vital brain centres. Although insubstantial, the amount of blood that had entered the respiratory system, also contributed to the fatal outcome, the experts opined. 55. As to the cause of the injuries, the experts concluded that:
“such injuries may be sustained in a fall that involves multiple blunt impacts. Such a fall [occurs] the body hits several hard surfaces at different heights, as indicated by the dummy test. Such information was gathered during the dummy test. When thrown at a right angle, the dummy hit the iron sheet roof situated under the window adjacent to the one from which [Mr] Stefanov fell. ...It is possible that [Mr] Stefanov ran tangentially against the edge of the iron sheet roof and that his body rolled off leaving no indentations on the roof. It [was] also possible that [Mr] Stefanov, regardless of whether his body came in contact with the iron sheet roof, hit the concrete edge on which the roof was built. This edge is visible on the photographs and is situated at approximately 23 cm from the wall of the shed. The final stage of the fall was hitting the ground in front of the garage, where the grill is located. It [was] possible that the suffusions on the back surface of the right shoulder could have resulted from an impact against the grill. The lacerated-contusion wound on the head, in case it was turned left, as well as the fracture of the right armpit and the suffusion on the buttocks, occurred during this final stage of the fall. The other injuries were caused earlier during the fall. The two abrasions on the right wrist are consistent with handcuff marks.
The hit which caused the cranial fracture and the brain contusion [was] sustained in the right frontal part of the head, where the lacerated‑contusion wound, the abrasion and the suffusion [were] detected. This was a heavy impact that occurred during an earlier stage of the fall, most probably against the above‑mentioned concrete edge.
All injuries were sustained at the same time. No injuries were found which cannot be explained with a fall from a substantial height and one that involved multiple hard impacts. [There were no injuries] from sharp weapons, firearms, or electricity. No defensive injuries were found on the body or the limbs. 56. On 21 June 1997 lieutenant I.C. was questioned by captain S.S., the military investigator who was initially in charge of the investigation. The applicants’ lawyer was also present. The lieutenant stated that he could not recall exactly the mechanism of Mr Stefanov’s fall and could not tell whether Mr Stefanov had first hit the roof of the motorcycle shed, as he did not remember whether he had gone to the window immediately. He explained that his memory of the events had faded because they had taken place a long time before and had unfolded very quickly. 57. Mr D.O. was not re‑questioned. The Kazanluk police tried to locate him but found that his whereabouts after 1993 – when he was released and apparently not prosecuted any further for the alleged thefts – were unknown. There were some indications that he was living on the territory of the Troyan municipality, in one of the mountain villages there, but his exact address was unknown, as he had not communicated it to the address register of his previous domicile, the municipality of Muglizh. His mother’s whereabouts were also unknown, his grandfather and uncle had died, and there were no other relatives in Muglizh who could provide information about him. The applicants’ lawyer requested that the investigation remain pending until Mr D.O. was located and questioned. 58. Also, no documents were gathered about Mr Stefanov’s arrest and detention on 4 and 5 June 1993. In a letter of 20 July 1997 the head of the Kazanluk police station informed the investigation authorities that up until August 1993 the persons detained for less than twenty‑four hours had simply been registered and no orders for their arrest had been issued, and that the registers for 1993 had not been preserved. 59. On 29 July 1997 investigator S.S. recommended that the investigation be discontinued. He stated that the instructions of the Military Prosecutor’s Office had been complied with in the course of the additional investigation. The register of the detained persons in the Kazanluk police station was no longer available, nor were the police fill-in forms for detention. It was therefore impossible to establish who had brought Mr Stefanov to the police station. Also, an additional inspection of the death scene had been carried out, revealing that Mr Stefanov’s body had not hit the iron sheet roof, which was not deformed, but the edge beneath it, and then the ground. This was apparent from the medical expert report. Certain witnesses had been re-questioned. The re-questioning of Mr D.O. had been impossible, as he could not be tracked down. As indicated by the medical expert report, Mr Stefanov’s death had been caused by a cranial‑cerebral trauma, consisting of a fracture of the skull base, contusion and oedema of the brain with a wedging of the cerebellum and a paralysis of the vital brain centres. Such injuries could be the result of a two‑stage fall, when the body had encountered obstacles at various heights before hitting the ground. No injuries which could not be explained with such a fall had been found, nor injuries resulting from sharp weapons, firearms, or electricity. There was thus no evidence of a criminal offence by a member of the Kazanluk police. 60. In a decision of 13 August 1997 captain I.N., prosecutor at the Plovdiv Military Regional Prosecutor’s Office, discontinued the investigation. He reasoned that all instructions contained in the decision of 9 January 1997 of the Military Prosecutor’s Office in Sofia had been complied with. The dummy test, the additional medical expert report and the newly questioned witnesses had all confirmed the circumstances underlying the first discontinuation of the investigation. There were no injuries on Mr Stefanov’s body which could not be explained by a two‑stage fall from a substantial height. The dummy test had determined that Mr Stefanov had first hit the concrete edge under the iron sheet roof and had then fallen on the ground. A copy of the decision was sent to the first applicant with instructions that she could appeal against it. 61. On 3 and 12 February 1998 the applicants’ lawyer requested information about the progress of the investigation. He was informed that it had been discontinued, but was not given a copy of the decision of 13 August 1997. He managed to obtain a copy only on 4 March 1998, and immediately appealed it before the Military Prosecutor’s Office in Sofia. He argued that Mr D.O. had not been questioned and that the conclusions about the details of Mr Stefanov’s fall from the window were inconsistent. 62. On 31 March 1998 colonel T.Y., prosecutor at the Military Prosecutor’s Office in Sofia, dismissed the appeal, reasoning, inter alia, that Mr Stefanov had jumped in an attempt to leave the premises of the police, that no officers were responsible for this act, and that the investigation had been objective and comprehensive. 63. The applicants’ lawyer then filed an appeal with the Chief Prosecutor. 64. On 18 May 1998 prosecutor V.P., head of the investigative department of the Military Prosecutor’s Office in Sofia, to whom the appeal was apparently referred, upheld the decision to discontinue the investigation. He reasoned that there were no indications that Mr Stefanov’s “attempt to flee” had been prompted by maltreatment by the police officers who had questioned him. According to the medical expert report, all his injuries had been caused by the fall. There was no indication that any offence had been committed by a police officer, that could be connected with Mr Stefanov’s death. A copy of his decision was sent to the applicants’ lawyer on 9 June 1998. | [
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8. The applicant was born in 1974 and lives in Lębork, Poland. 9. In the evening of 12 November 1996 the applicant was arrested on suspicion of attempted extortion committed earlier on that day. 10. On 14 November 1996 the Lębork District Court (Sąd Rejonowy) detained him on remand until 12 February 1997. It observed that the evidence obtained so far indicated that there was a great likelihood that the offence in question had been committed by the applicant. Further, it noted that the victim of the crime gave detailed testimony which he confirmed during the confrontation with the applicant. The placing of the applicant in detention was also justified by the severity of the anticipated penalty and the risk of the applicant’s going into hiding and attempting to influence witnesses. With regard to the risk of going into hiding, the District Court emphasised that in connection with the second set of proceedings (see below), the police had been looking for the applicant for over a month before his arrest. The applicant appealed against the detention order. 11. On 25 November 1996 the applicant requested his release. On 29 November 1996 the Słupsk Regional Court (Sąd Wojewódzki) upheld the decision on the applicant’s detention and rejected his application for release. On unspecified dates in November 1996 the Lębork District Prosecutor heard testimonies from a number of witnesses. 12. On 21 January 1997 the investigation was terminated. On 30 January 1997 the District Prosecutor lodged with the Lębork District Court a bill of indictment against the applicant and the three co-accused persons. The applicant was charged with attempted extortion. 13. On 12 February 1997 the President of the Lębork District Court fixed the date of the first hearing for 8 May 1997. On 14 April 1997 the applicant’s lawyer requested the trial court to adjourn the hearing scheduled for 8 May 1997, since on the same day he had to attend a hearing in another case. On 18 April 1997 the court informed the applicant’s lawyer that it did not find any compelling reasons to adjourn the hearing. 14. A hearing scheduled for 8 May 1997 was adjourned due to the absence of the co-accused B.C. and the lawyers for the applicant and B.C. The trial court fixed the dates of the subsequent hearings for 17 June and 1 July 1997. 15. At the hearing of 17 June 1997 the applicant’s lawyer requested the applicant’s release. The trial court dismissed the request, considering that the grounds originally given for the applicant’s detention were still valid and that there were no new circumstances which would justify the termination of the detention. The trial court decided to adjourn the trial until 28 August 1997. 16. The hearing fixed for 28 August 1997 was adjourned until 9 October 1997. On 12 September 1997 the District Court ordered that the co-accused B.C. be detained on remand, considering that his behaviour clearly jeopardised the proper conduct of the proceedings. 17. On 7 October 1997 the trial court heard three witnesses. A hearing scheduled for 9 October 1997 was adjourned until 13 November 1997. On that date the District Court heard one witness and decided to close the trial. The applicant’s lawyer requested that his client be released. 18. On 14 November 1997 the Lębork District Court delivered its judgment. It convicted the applicant as charged and sentenced him to three years’ imprisonment and a fine. It also dismissed a request for the applicant’s release. The applicant appealed. 19. On 6 February 1998 the Slupsk Regional Court amended the first-instance judgment in favour of the applicant by reducing the sentence of imprisonment to one year and a half. 20. On 12 November 1996 the applicant was arrested on suspicion of acts of extortion committed at the beginning of October 1996. 21. On 14 November 1996 the Lębork District Court ordered that the applicant be detained on remand until 13 January 1997. The court considered that the evidence obtained so far in the investigation, in particular through the testimony of witnesses, revealed a great likelihood that the applicant had committed the offence with which he had been charged. It also pointed to the severity of the anticipated penalty and the risk that the applicant would go into hiding and attempt to induce witnesses and the victim to change their testimonies. 22. On 18 November 1996 the applicant requested to be released or to have his detention replaced by a more lenient preventive measure. On 29 November 1996 the Słupsk Regional Court (Sąd Wojewódzki) upheld the decision of 14 November 1996. 23. On 7 January 1997 the Lębork District Court prolonged the applicant’s detention until 12 February 1997, referring to the necessity to carry out certain investigative measures. 24. On 13 January 1997 the District Prosecutor lodged with the Lębork District Court a bill of indictment against the applicant and three co-accused persons. The prosecutor asked the trial court to hear eleven witnesses. 25. On 10 February 1997 the President of the District Court fixed the dates of the hearings for 25 and 27 February 1997. On 13 February 1997 the applicant’s lawyer requested the trial court to postpone the hearing scheduled for 25 February 1997, since on that date he had to attend another hearing. 26. At the hearing held on 25 February 1997 the court heard the co-accused R.G.-D. Subsequently, the latter’s lawyer resigned, obliging the court to adjourn the hearing until 25 March 1997. 27. At the hearing of 25 March 1997 the trial court heard one of the co-accused and some witnesses. Subsequently, the District Court decided that the charges brought in the case should be characterised as armed robbery and that it did not have jurisdiction to hear the case due to the gravity of the charges. Accordingly, the case was transmitted to the Słupsk Regional Court, sitting as a court of first-instance, and registered under no. II K 25/97 on 8 April 1997. 28. On 21 April 1997 the applicant filed an application for release. On 23 April 1997 the Słupsk Regional Court dismissed the application. It relied on the great likelihood that the applicant had committed the offence at issue. The Regional Court emphasised the severity of the penalty likely to be imposed on the applicant. It further referred to the need to ensure the proper conduct of the proceedings, which concerned four co-accused persons. The court rejected as irrelevant the applicant’s argument that his detention in the present case “duplicated” the detention order made in the first set of proceedings. Lastly, the court considered that there were no circumstances which would justify the termination of the applicant’s detention pursuant to Article 218 of the Code of Criminal Procedure. 29. On 9 May 1997 the Regional Court refused to join case no. II K 77/97 (the first set of proceedings) to the present one. It considered that the three co-accused persons were different in each case and that the applicant was the only accused person to face charges in both sets of proceedings. 30. The court held hearings on 5 and 6 November 1997. On 5 November 1997 the applicant again requested his release. On the following day the applicant was released but continued to be detained in the framework of the first set of proceedings. 31. On 5 December 1997 the trial court held a hearing and delivered a judgment. It sentenced the applicant to one year’s imprisonment. The judgment became final on 24 June 1998. 32. On 28 January 2000, upon the applicant’s request, the Słupsk Regional Court issued a cumulative judgment (wyrok łączny) sentencing the applicant to a cumulative penalty of one year and ten months’ imprisonment (kara łączna) for the convictions contained in the judgments of 6 February 1998 (delivered in the course of the first set of proceedings) and of 5 December 1997 (delivered in the course of the second set of proceedings). The applicant appealed. On 11 May 2000 the Gdańsk Court of Appeal (Sąd Apelacyjny) upheld the judgment. | [
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4. The applicants were born in 1960, 1956 and 1948 respectively and live in Alba Iulia. 5. In connection with the restructuring of the armed forces, which had begun in 1995, a number of legislative measures were passed with a view to encouraging professional soldiers to apply for reassignment to the reserve force and thereby to take early retirement. 6. In addition to their retirement pension, section 7 of Government Ordinance no. 7 of 26 January 1998 (“Ordinance no. 7/1998”) granted those concerned a tax-free “income replacement allowance” calculated in relation to their gross monthly pay. Under section 31 (1) of Law no. 138 of 20 July 1999 (“Law no. 138/1999”), they were additionally entitled to a tax-free “maintenance allowance”, also calculated in relation to their gross monthly pay. The method of calculating those allowances was amended by Government Emergency Ordinance no. 136 of 14 September 2000 (“Ordinance no. 136/2000”), which provided that the net monthly pay would be used as the basis of calculation. 7. At their request, the applicants were assigned to the reserve force and thereby took early retirement, on 31 March 2000 for the first and third, and on 31 May 2000 for the second, with entitlements to the above-mentioned pension and allowances. However, when those sums were paid out, the Ministry of Defence deducted income tax, calculated in accordance with Ordinance no. 73 of 27 August 1999 concerning income tax (“Ordinance no. 73/1999”), thereby depriving the first applicant of 85,804,572 Romanian lei (ROL), the second of ROL 77,945,656 and the third of ROL 59,605,499. 8. In an action against the Ministry of Defence, the applicants claimed the reimbursement of those sums, which they alleged had been wrongfully deducted, on the ground that their allowances were exempt from tax under Ordinance no. 7/1998 and Law no. 138/1999. The Ministry disputed their claim, contending that the taxation in question was consistent with Ordinance no. 73/1999. 9. In a judgment of 11 January 2001 the Alba Iulia Court of First Instance allowed the applicants’ action and ordered the Ministry to reimburse the amounts deducted for tax. The court considered that on the date of their retirement, that is to say some time before the entry into force of Ordinance no. 136/2000, the applicants had acquired an entitlement to tax-free allowances calculated in relation to their gross monthly pay. Moreover, the court observed that section 5 of Ordinance no. 73/1999 provided that maintenance allowances were likewise tax exempt. 10. The Ministry of Defence appealed, arguing that the tax exemption provision in respect of the income replacement allowance, under section 7 of Ordinance no. 7/1998, had been expressly repealed by section 86 of Ordinance no. 73/1999, which had also implicitly abolished the exemption in respect of maintenance allowances under section 31 (1) of Law no. 138/1999. 11. In a final decision of 27 March 2001 the Alba County Court upheld the merits of the judgment at first instance on the following grounds:
“Even assuming, purely for the sake of argument, that the provisions of section 7 of Ordinance no. 7/1998 had been repealed, those of section 31 (1) of Law no. 138/1999 – which also provide for tax exemption and for the calculation [of the allowance] in relation to gross monthly pay – would remain as a legal basis. The Ministry contends that the provision in question was implicitly repealed, but that view has not been substantiated, because Ordinance no. 73/1999 post-dates Law no. 138/1999 and if the legislature had wished to repeal the section in question, nothing would have prevented it from making express provision to that effect, as was the case for other legislative instruments referred to in section 86 of Ordinance no. 73/1999. ... In any event, a Government Ordinance, being of secondary legislative importance in relation to statute law, cannot repeal a statute.
In addition, the Ministry wrongly contends that Ordinance no. 73/1999 constitutes a lex specialis in relation to Ordinance no. 7/1998 and to Law no. 138/1999. In actual fact, Ordinance no. 73/1999 is the framework instrument concerning taxation, and, in relation to the other two instruments mentioned above, which grant tax relief to a specific category of employees, it lays down the ordinary rules from which the special provisions of those instruments derogate.
Moreover, section 6 of Ordinance no. 73/1999 states that income replacement allowances and maintenance allowances, such as those concerned in the present case, are exempt from income tax, thus indicating the legislature’s intention that they should not be taxable.
The provisions of Ordinance no. 136/2000 to the effect that the allowance is calculated in relation to net pay do not apply in the case of the applicants, who retired before the entry into force of the Ordinance, which does not have retrospective effect ... The possibility of discrimination [between servicemen who retired after the entry into force of Ordinance no. 136/2000, whose allowances were calculated in relation to net pay, and those who retired before that date, who were entitled to allowances based on gross pay] is not left to the discretion of the employer or of the courts, but is a matter for the legislature, which should have taken this into account and found an appropriate solution in the course of the legislative process, by means of precise and specific regulatory provisions. Accordingly, neither an employer nor a court can substitute itself for the legislature in harmonising the various provisions which have come into force at different times but which concern situations that are similar, although they arose, changed or ceased to exist under different statutes.” 12. The court also considered that the two allowances in issue could not be characterised as a “salary” or “income treated as a salary” for the purposes of sections 22 and 23 of Ordinance no. 73/1999, especially as they were not included among the forms of taxable income referred to in section 4 of that Ordinance.
Lastly, the court looked at the practice of other courts in similar disputes and found that it supported the claims of the former servicemen. 13. As the judgment of 11 January 2001 had become res judicata and had been endorsed with a writ of execution, the applicants received, on an unspecified date, the amounts they had claimed. 14. On 11 September 2001 the Procurator-General of Romania applied to the Supreme Court of Justice to have the 11 January 2001 judgment of the Alba Iulia Court of First Instance and the 27 March 2001 decision of the Alba County Court quashed. 15. He considered that in construing domestic law the two courts had committed serious errors of law which had vitiated the settlement of the dispute. He argued that section 86 of Ordinance no. 73/1999 had superseded the provisions of section 7 of Ordinance no. 7/1998 and section 31 of Law no. 138/1999, and added that under sections 4 and 23 of Ordinance no. 73/1999 the allowances and other entitlements of military personnel were treated as salaries and were therefore liable to the taxation provided for in that Ordinance. 16. The applicants sought the dismissal of the Procurator-General’s application to have the judgments quashed, disputing his arguments that the above-mentioned provisions had been superseded and that the allowances were treated as salaries. They argued that, in any event, even assuming that the allowances could have been treated as salaries, they should not have been liable to tax, since section 6 (f) of Ordinance no. 73/1999 exempted from tax any allowances that were calculated in relation to net monthly pay. Moreover, under section 24 (2) of that Ordinance, net earnings were not defined as gross earnings minus tax but as gross earnings minus social-insurance contributions. Accordingly, they considered that the Ministry of Defence had wrongly deducted tax from their allowances. 17. In a judgment of 30 January 2002 the Supreme Court of Justice allowed the Procurator-General’s application, quashed the impugned judgments and ordered the reimbursement of the sums that the Ministry of Defence had paid to the applicants on the basis of those judgments. The relevant passage of the decision provided:
“Whilst section 31 of Law no. 138/1999 provides that, upon their reassignment to the reserve force, servicemen benefit from a tax-free maintenance allowance, calculated in relation to their gross monthly pay, that provision must be read in the light of the provisions of section 5 of Government Ordinance no. 73/1999 and of the Government Order [no. 1066 of 29 December 1999 – “Order no. 1066/1999”], which, whilst providing that income from maintenance allowances is exempt from tax, specify which forms of income are included in that category and exclude any salaries or income treated as such.
Considering that Law no. 138/1999 pertains precisely to salaries and entitlements relating to the status of Ministry of Defence employee, it is clear that the grant of a maintenance allowance under section 31 of the above-mentioned Law stems from employee status, and that such allowances are accordingly liable to tax, in accordance with Ordinance no. 73/1999.
That conclusion is confirmed by Government Order no. 1066/1999 which, referring to section 5 of Ordinance no. 73/1999, specifies what forms of income are exempt from tax, among them maintenance allowances. It can be seen from the enumeration in that provision that the maintenance allowances contemplated in Ordinance no. 73/1999 are confined to those granted for special purposes, such as maintenance allowances for soldiers’ spouses, welfare benefits, emergency relief granted by the State or local councils in cases of hardship, funeral grants, etc.
The above-mentioned provision makes no reference to maintenance allowances paid to servicemen upon their reassignment to the reserve force and calculated in relation to their gross monthly pay.
Consequently, since such allowances are comparable to a salary and are calculated on the basis of gross monthly pay, they are taxable like any gross income.
In addition, section 86 of Ordinance no. 73/1999 expressly provides that any provision contrary to that Ordinance is superseded, thereby confirming once again that the legislature’s intention was to render such income taxable.
As regards the income replacement allowances granted to the applicants under section 7 of Ordinance no. 7/1998, being tax-exempt and likewise calculated in relation to gross monthly pay, it should be noted that section 86 of Ordinance no. 73/1999 expressly superseded that provision as regards the tax exemption of such income. Accordingly, the applicants are also liable for tax on such income.
Furthermore, it is to be observed that section 6 (f) of Ordinance no. 73/1999 exempts from income tax only those income replacement allowances and maintenance allowances that are calculated in relation to net monthly pay, whereas the allowances granted to the applicants were calculated in relation to their gross monthly pay. It follows that this income was also taxable.” 18. As the authorities failed to bring any action for the enforcement of the judgment of the Supreme Court of Justice, the applicants have not, to date, reimbursed the disputed amounts. | [
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8. The applicant was born in 1971 and lives in Skopje (“the former Yugoslav Republic of Macedonia”). 9. On 24 April 1997 the applicant was accused of having committed the offence of the unauthorised production and possession of narcotics and poisonous substances between January and April 1997, contrary to Article 187 § 1 of the Criminal Code as in force at the material time. 10. According to the Government, a witness using the fictitious name of “Jana Charvátová” was examined for the first time on 24 April 1997, having been contacted by the police in connection with their investigation into the applicant’s criminal activities. The witness stated, inter alia, that “she want[ed] to testify because she kn[ew] what heroin c[ould] do and that she want[ed] Teplice to be free of drug dealers” and that “for great fear for her own life she w[ould] testify provided that anonymity w[ould] be granted to her, because after the police had detained most of former dealers, the Yugoslavs threaten[ed] that if anybody w[ould] ‘rat’ on the dealers and they w[ould] find it, they w[ould] ‘annihilate’ him or her”. 11. The applicant stated that the record of the interview in his criminal file was not a statement signed by the witness, but a so-called official record (úřední záznam) drawn up and signed by the police officer afterwards. He further maintained that it was not clear from that record whether “Jana Charvátová” had been examined or whether the report had been drawn up before or after the applicant was charged. He contended that such a record could not be used as evidence for the prosecution. 12. In the course of the pre-trial proceedings the applicant denied his guilt, stressing that he was a heroin addict and that the drugs found in his possession were for his own use only. “Jana Charvátová” and another witness, using the fictitious name of “Jan Novotný”, were questioned by the Teplice District Investigation Office (okresní úřad vyšetřování) on 11 July 1997. The applicant’s lawyer attended the interview, the applicant not being present. Witness “Jana Charvátová” said:
“... as for Hasan Krasniki, I am not familiar with his surname, I got in touch with him some time in the winter of last year ... my boyfriend, who is also a drug addict, sent me to see him.
I wish to correct the facts concerning the individual named Hasan Krasniki. As I have already said, I am not familiar with his surname. I know, or more precisely, I remember the forename: my boyfriend sent me to Pikes in Trnovany and told me to find a certain Hasan in order to get 0.5 grams of heroin. ...
As for Hasan, I was still buying narcotics ... from him ... last year. I do not remember seeing him since then. As for his description, I can say that he is about 170 cm tall, slim with short dark blond hair ... and I recall that he wore blue jeans and a dark jacket.” 13. In reply to a question put by the applicant’s lawyer, the witness said that she was giving evidence as an anonymous witness because she owed money for drugs. In reply to a question put by the investigating officer as to whether the persons to whom she owed money had ever threatened or beaten her, she replied that a Yugoslav to whom she had owed money for drugs had beaten her up and that there had been similar incidents. 14. She was shown a photograph album with ten photographs and was asked to examine them. She stated:
“... I do not know the name of the person in photograph no. 5[1] ... I was buying narcotics from him ... in Pikes in Trnovany some time after Christmas ...; he then moved to Pikes near the railway station. It was some time in winter when I last saw him.” 15. In reply to a question put by the applicant’s lawyer, “Jana Charvátová” said that “Hasan” from whom she had bought heroin around Christmas 1996 was not among the individuals in the photographs. In reply to the investigating officer’s question as to whether she knew somebody called “Jura” or “Džura” and whether he was in any of the photographs, she answered:
“I am not familiar with the name “Jura”, but rather Džuro. I have the impression that I was buying heroin from somebody like him; I’m sure I was buying heroin from him in Pikes in Trnovany; it was some time in winter, last year or this year, I do not know precisely. ... I think that must be him in photograph no. 1.” 16. According to the applicant, the chronology of the examination of “Jana Charvátová” was as follows: the witness was asked about Hasan Krasniki and therefore she started to speak about a person called Hasan first. She described him and, after that, she was shown the photograph album and then incidentally mentioned that she knew most of the persons shown in the photographs including the applicant. The official record of the interview stated that “Jana Charvátová” was questioned about Hasan Krasniki, alias “Jura” or “Džuro”, during the examination of 11 July 1997, and that she identified “Džuro” as being the individual in photograph number one. 17. Interviewed on the same day, witness “Jan Novotný” stated:
“I know quite a lot of Yugoslavs and I can definitely speak about the person concerned - I know him by his nickname Džuro.
I know that he was here about four years ago, then he left and reappeared some time at the beginning of this year. He was selling heroin for about three months in the Pikes gambling club in Trnovany; ... he moved to Pikes near the railway station for a while. I could buy 10 g of heroin altogether from him ... I last saw Džura three months ago, so some time in the second half of April or at the beginning of May ... As for his description, I can say that he was about 25 years old, some 170 cm tall, slim, with short dark blond hair. ...” 18. When presented with a photograph album, “Jan Novotný” stated:
“I clearly recognise the person in photograph number five: it is Džura from whom I was buying heroin in the Pikes gambling club in Teplice, in Masarykova Street and near the railway station from the beginning of this year to about April or the beginning of May.” 19. The applicant’s lawyer asked the witness why he was so afraid and why he wished to remain anonymous. The witness stated that Yugoslavs were a temperamental people, that they had threatened him when he had wanted to buy drugs from someone else and that he had been concerned about the safety of his family. To the lawyer’s further question whether the person in photograph number five had ever threatened him, the witness replied in the negative. In reply to the lawyer’s last question, “Jan Novotný” said more precisely that he had bought heroin from the man in photograph number five after the New Year, most recently around mid-April. 20. The police case file was sent to the Teplice District Prosecutor’s Office (okresní státní zastupitelství), which on 12 September 1997 filed an indictment against the applicant with the Teplice District Court (okresní soud). The prosecutor charged the applicant with having distributed heroin in Teplice during the period between January 1997 and 23 April 1997, with having sold at least twenty packets each containing 0.5 grams of heroin to “Jan Novotný” and with having sold the same drug to “Jana Charvátová”. The prosecutor suggested that the two anonymous witnesses as well as witnesses K. and S. give evidence at the trial and that the police records on the photograph-based recognition of the applicant be read out. 21. On 18 November 1997 the applicant’s trial began in the District Court. The applicant entered a plea of not guilty. 22. The record of the hearing shows that, under Article 209 § 1 of the Code of Criminal Procedure (“the CCP”), the presiding judge heard the anonymous witness “Jan Novotný” outside the courtroom and out of sight of the applicant and his counsel, who were able to put questions to the witness through the presiding judge. The witness stated that the applicant was the person who had sold drugs to him and that he had bought heroin from the applicant some time in early 1997. In his testimony, the witness also stated that he was cured and was no longer addicted to any drug. In reply to several questions put by the applicant’s lawyer, the witness stated that the applicant had sold drugs some time ago. He had then disappeared and had started selling them again in 1997. He also said that he had been buying drugs from the applicant during a one-month period in 1997 and that he had seen him selling heroin to other people during the first three months of 1997. He described the applicant as a man of about 175-180 cm in height, slim, with straight dark hair. He added that, unlike at present, he had not been good at recalling the colour of hair at that time. In reaction to the anonymous witness’s testimony, the applicant claimed that it was not true. 23. The court then read out the witness statements of K. and S., an expert report and other written evidence. It adjourned the proceedings until 25 November 1997 with a view to summoning “Jana Charvátová”. 24. Another hearing was held on 9 December 1997. It was recorded that the investigating authorities had reported by telephone that, at the time of the hearing, “Jana Charvátová” could not be found at her home. The proceedings were therefore adjourned until 14 January 1998. The police were instructed to conduct a search to find out whether the witness was staying at her home address. 25. According to the record of the hearing of 14 January 1998, the District Court read out the police reports of 9 and 17 December 1997 on the unknown whereabouts of “Jana Charvátová”. In accordance with Article 211 § 2 (a) of the CCP, her witness statement from the pre-trial police records was read out. In reaction to the witness’s testimony, the applicant claimed that he had not been in the Czech Republic at the relevant time. 26. In a judgment given on the same day, the court found the applicant guilty of the unauthorised production and possession of narcotics and poisonous substances, and sentenced him to two years’ imprisonment, as well as expulsion from the Czech Republic for an unlimited period of time. It held that, from January 1996[2] to 23 April 1997, the applicant had been selling heroin in “small envelopes”. He had sold at least twenty “envelopes” of heroin to “Jan Novotný”, and on a number of occasions during this time he had also sold heroin to “Jana Charvátová”. 27. The applicant maintained that he had not been in the Czech Republic at the relevant time and that the drugs found in his possession had been for his personal use. 28. The District Court based its finding of guilt exclusively on the testimonies of the two anonymous witnesses. It stated that the confidentiality of their identities prior to their interview in order to safeguard their security was justified under Article 55 § 2 of the CCP, having regard to the seriousness of the offence at issue and the witnesses’ fear of testifying in open court. 29. The District Court stated that anonymous witness “Jan Novotný” had stated that he had bought at least twenty “envelopes” of heroin from the applicant and that he had recognised the latter from photographs, both in the pre-trial proceedings and at trial, as the person who had been selling heroin not only to him, but also to other persons. 30. As regards “Jana Charvátová”, the court referred to the police report stating that the witness could not be found at her place of residence and that the search for her had been unsuccessful. It mentioned that she had testified in the pre-trial proceedings in the presence of the applicant’s lawyer and had said that she had been buying heroin from the applicant, whom she had recognised from photographs. 31. The court also had regard to a photocopy of the applicant’s passport, finding that he had arrived in the Czech Republic on 17 March 1997 from Bulgaria. According to the expert psychiatric report, the applicant was, inter alia, a drug addict who should have been aware of the dangerousness of his criminal activity for society and could have controlled his conduct. An expert examination of the substance found on the applicant indicated that it was heroin. 32. The court, having assessed all the relevant evidence, held that the testimonies of the anonymous witnesses were trustworthy and consistent and that they incriminated the applicant. It also stated that the witness “Jan Novotný” had recognised the applicant in both the trial and pre-trial proceedings. It concluded that the evidence adduced by the applicant - the copy of his passport and a plane ticket showing that he was not in the Czech Republic for most of the period during which he was alleged to have committed the offence - was not sufficient to rebut the strength of the case against him. It seems that the court did not rely on the witness statements of K. and S. 33. On 2 February 1998 the applicant appealed, claiming that he had not committed any criminal offence and that the heroin found in his possession had been for his personal use only. He also challenged the District Court’s reliance on the testimonies of the anonymous witnesses whose statements had been misused to his detriment. The applicant further complained of the failure of both the investigating authorities and the District Court to resolve material contradictions in the statements of the anonymous witnesses. 34. On 9 March 1998 the Ústí nad Labem Regional Court (krajský soud) dismissed the applicant’s appeal, finding his objection to the use of anonymous testimony unsubstantiated. It noted that both anonymous witnesses had been interviewed in the pre-trial proceedings and that the statement of “Jana Charvátová” had been read out because she could not be located at her home address. The court further noted that witnesses K. and S. had refused to testify at trial. 35. The court found that, owing to the nature of the criminal activity, the witnesses had been recruited from among drug users and drug addicts, who were “much more vulnerable”. It concluded that the concerns which the two anonymous witnesses had expressed to the investigating authorities had resulted in the correct procedural steps being taken, in accordance with Article 55 § 2 of the CCP, including the decision to interview them under fictitious names. 36. As regards the inconsistency in the witnesses’ statements, the Regional Court stated that witness “Jana Charvátová” had recognised the applicant from the photographs as the person from whom she had bought heroin, but had not known his name. She had described a drug dealer whom she had known by the name “Hasan” and who had not corresponded to the description of the applicant. The court held that the testimony given by witness “Jan Novotný” had not been contradictory and that he had repeatedly described from whom, where and when he had bought heroin. He had usually seen the applicant in a smoke-filled gambling hall under subdued lighting and had not been concentrating on remembering details of the applicant’s appearance, but rather on obtaining drugs. The court held that his inability to describe the correct hair colour “did not play an important role”. It fully endorsed the District Court’s findings of fact and law. 37. On 6 May 1998 the applicant lodged a constitutional appeal (ústavní stížnost), claiming a violation of his rights as guaranteed by Article 6 § 3 (d) of the Convention. He alleged that there had been no legal basis for the use of the anonymous witness testimony and that the authorities had put the defence at a substantial disadvantage, contrary to the principle of equality of arms. He complained that his conviction had been based solely on the testimonies of anonymous witnesses. 38. On 3 March 1999 the Constitutional Court (Ústavní soud) dismissed the applicant’s appeal as unsubstantiated. It held that statements by anonymous witnesses could only be used in evidence if the principle of subsidiarity was observed, namely if there were no other means of ensuring the safety of a witness and any limitation on the rights of the defence had been minimised. The court recognised that there was a conflict between, on the one hand, the constitutional right to defend oneself and, on the other hand, the need to protect the health and life of witnesses. It held that this conflict could be resolved only on the basis of the principle of proportionality. 39. The Constitutional Court did not accept the applicant’s allegation that the anonymous witness procedure had been misused to his detriment. It held that, to the extent that defence rights might have been interfered with through the use of statements of anonymous witnesses, it was necessary to consider the extent and seriousness of the interference in the light of the specific circumstances of the case. It found that, according to official police records, the two anonymous witnesses had been interviewed in the presence of the applicant’s lawyer, who had had the opportunity to question them. The court concluded that, having regard to the photograph-based recognition of the applicant before the pre-trial authorities, as well as before the trial court, no doubt could be cast on the legality and fairness of the proceedings. It held that any disadvantages under which the defence might have operated did not give rise to a question of unconstitutionality, as it was the content of the witnesses’ evidence rather than their identity that was relevant, notwithstanding the fact that the courts had not provided sufficient reasons for having adopted the procedure laid down in Articles 55 and 209 of the CCP. 40. On 18 April 2005 the Minister of Justice lodged a complaint in the applicant’s favour, alleging a breach of law (stížnost pro porušení zákona). He based his complaint on the following grounds:
- “... [the courts] did not sufficiently offer the necessary guarantees to ensure a fair trial as [the applicant’s] lawyer could not see both anonymous witnesses during their interviews in order to learn their identity,
- the prosecuting authorities did not examine the question whether it was necessary to conceal the identity of the witnesses,
- before the decision to conceal the identity of the witnesses was taken, the defence was never given an opportunity to raise objections concerning their credibility or the justification of the alleged threats against them which might justify their anonymity,
- the courts did not specify ... that they knew the true identity of both witnesses and found that the accused represented a serious threat to the life and liberty of both anonymous witnesses,
- [the applicant’s] lawyer could not verify the credibility of the anonymous witnesses and their statements, and the courts did not do so either,
- inadequate conditions during the identification of the accused from photographs deprived the witnesses of their credibility, and
- the conviction of the accused was based exclusively on the statements of the anonymous witnesses.” 41. In a decision of 31 May 2005 the Supreme Court (Nejvyšší soud) dismissed the complaint, relying on and sharing the legal opinions of the Constitutional Court. It added that Article 55 § 2 of the CCP did not provide for the right of counsel to see anonymous witnesses and to be informed of their identity. The Minister’s two specific arguments in this connection had therefore been submitted contra legem. | [
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4. The applicant was born in 1940 and lives in the village of Veseloye, Kherson region, Ukraine. 5. In 2001 the applicant instituted proceedings in the Novokakhovskiy Town Court against his former employer, the State-owned “Uzhelektromash” company, to recover salary arrears. On 17 December 2001 the court awarded the applicant UAH 10,282[1] in salary arrears and compensation. 6. On 26 June 2002 the Novokahovska Bailiffs’ Service returned the writ of execution to the applicant on the ground that the debtor lacked funds that could be attached and the court had prohibited seizure of the debtor’s accounts. 7. On 10 June 2005 the Novokakhovskiy Town Court, following the applicant’s complaint, ordered the Bailiffs’ Service to renew the enforcement proceedings in the case. 8. The judgment in the applicant’s favour remains unenforced. | [
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6. Mr Aleksandr Kondratyevich Komar was born in 1942. Mr Yevgeniy Leonidovich Tsysyuk was born in 1980. Mr Sergey Leonidovich Tsysyuk was born in 1977. Mr Vadim Alekseyevich Maltsev was born in 1968. Mr Vyacheslav Vladimirovich Mikhaylenko was born in 1957. Mr Vladimir Aleksandrovich Serdyuk was born in 1951. Ms Nina Timofeyevna Maltseva was born in 1938. Messrs Mikhaylenko and Serdyuk reside in the village of Grodovka, Donetsk region, Ukraine. The other applicants reside in the town of Novogrodovka, Donetsk region, Ukraine. 7. The applicants instituted separate sets of proceedings in the Novogrodovskiy Town Court, seeking recovery of salary arrears and other payments from their former employer, the State-owned “Novogrodovskaya 1/3” Mining Company. 8. By judgment of 27 March 2001 Mr Komar was awarded UAH 4,851.43. In 2004 the judgment was enforced by instalments, the final amount being paid on 12 May 2004. The length of enforcement proceedings in his case was therefore more than three years and one month. 9. By judgments of 17 April 2002 Messrs Yevgeniy Tsysyuk and Sergey Tsysyuk were awarded UAH 1,903.61 and 1,510.99 respectively. In 2004 the judgments were enforced by instalments, the final amounts being paid to Mr Yevgeniy Tsysyuk on 9 August 2004 and to Mr Sergey Tsysyuk on 23 September 2004. The enforcement proceedings in their cases lasted more than 2 years and 3 months and more than 2 years and 5 months respectively. 10. By judgment of 11 May 2001 Mr Maltsev was awarded UAH 5,757.87. The judgment was enforced in August 2004, the length of enforcement being about 3 years and 3 months. 11. By judgment of 6 April 2001 Mr Mikhaylenko was awarded UAH 7,320.37. The judgment was enforced in August 2004, the length of enforcement being more than 3 years and 4 months. 12. By judgment of 12 April 2001 Mr Serdyuk was awarded UAH 6,672.89. The judgment was enforced in August 2004, the length of enforcement being more than 3 years and 4 months. 13. By judgment of 11 May 2001 Ms Maltseva was awarded UAH 2,751.01. The judgment was enforced in August 2004, the length of enforcement being more than 3 years and 3 months. 14. Pending the enforcement of the judgments in their favour, the applicants instituted separate sets of proceedings in the Novogrodivskiy Town Court of the Donetsk Region against the Novogrodivskiy Town Bailiffs’ Service for failure to execute these judgments. The Town Court rejected the applicants’ claims, finding no fault had been committed by that Service. The court stated that the Bailiffs’ Service had presented a decision of the Commercial Court of the Donetsk Region of 30 August 2000 to the respondent company. This decision prohibited the enforcement of judgments against the company by selling its property, due to the bankruptcy proceedings which had been initiated against it. The decisions of the Town Court were subsequently appealed against but all of the appeals were rejected. 15. On 26 December 2001 the ban on the forced sale of assets belonging to undertakings in which the State holds at least 25% of the share capital was entrenched in the Law on the Introduction of a Moratorium on the Forced Sale of Property. On 10 June 2003 the Constitutional Court found the moratorium to be compatible with the provisions of the Constitution. | [
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4. The applicant was born in 1954 and lives in Humenné. 5. Under a contract of employment of 1991, the applicant was employed with the municipality of Humenné and occupied the position of the head of one of its departments. 6. In December 1994 the new mayor of the municipality cancelled the applicant’s appointment as the head of department and informed him that, due to the lack of other appropriate posts for him, his employment with the municipality would be terminated. The notice of termination was served on the applicant at some point in February 1995. 7. On 11 July 1995 the applicant challenged the cancellation of his appointment and the termination of his employment before the Humenné District Court (Okresný súd). He also claimed compensation in respect of lost wages. 8. On 18 August 1995 the District Court discontinued the proceedings observing that the applicant had not paid the court fee and finding that he was not eligible for an exemption from the obligation to do so. 9. On 28 November 1995, on the applicant’s appeal (odvolanie), the Košice Regional Court (Krajský súd) quashed the decision of 18 August 1995, finding that the applicant’s action fell within the ambit of the exemption under section 4 (2) (d) of the Court Fees’ Act (Law no. 71/1992 Coll., as amended). 10. On 15 March 1996 the District Court ruled that both the cancellation of the applicant’s appointment and the termination of his employment were void. The District Court found that the applicant’s employment had not been established by a deed of appointment (vymenovaním) under Article 27 §§ 4 and 5 of the Labour Code but by an ordinary employment contract (pracovná zmluva) under Article 27 § 2 of that Code. The applicant’s “appointment” thus could not be “cancelled” and the statutory condition for the valid termination of his employment contract had not been met.
The District Court further ruled that the applicant’s claim for compensation for lost wages would be dealt with in separate proceedings. 11. On 25 June 1997, on the defendant’s appeal, the Regional Court quashed the judgment of 15 March 1996 and remitted the case to the District Court for re‑examination. The Regional Court noted that, at the time of the applicant’s dismissal, the post of his superior - the head of the municipal office - had been vacant. The applicant had thus been directly answerable to the mayor of the municipality. This being so, the applicant’s employment fell within the category of employment by appointment. In the light of these findings, the case had to be reconsidered at first instance. 12. On 29 June 1998 the District Court dismissed the action. It observed that the applicant had been directly answerable to the mayor and that, consequently, the rules for the cancellation of an appointment had applied to him and were complied with. As the municipality had had no possibility of continuing to employ the applicant and all other conditions for the termination of his employment contract had been met, the applicant’s dismissal was lawful. 13. On 17 December 1998, on the applicant’s appeal, the Regional Court upheld the part of the judgment of 29 June 1998 dismissing the applicant’s motion to declare the cancellation of his appointment void. The Regional Court further overturned the part of the District Court’s judgment concerning the termination of the applicant’s contract of employment and ruled that it was void.
It was observed that the applicant undoubtedly became the employee of the defendant. There was however no deed of appointment. Declaring the cancellation of the applicant’s appointment void would therefore not re‑establish his appointment. The applicant thus could not be considered as having a “pressing legal interest”, within the meaning of Article 80 (c) of the Code of Civil Procedure, in obtaining the declaratory ruling sought in respect of the cancellation of his appointment.
The termination of the applicant’s employment with the defendant, as such, could not be justified by the restructuring of the defendant’s office, on which the defendant had relied, as this restructuring had only taken place after the applicant’s dismissal. 14. On 29 November 2000, on the applicant’s appeal on points of law (dovolanie), the Supreme Court (Najvyšší súd) quashed the judgment of 17 December 1998 and remitted the case to the Regional Court for a new determination of the applicant’s appeal against the judgment of 29 June 1998. In particular, the Supreme Court found a flaw in the procedure before the Regional Court requiring the quashing of its judgment. It further found that the Regional Court had failed to examine adequately the factual and legal grounds on which the applicant’s contract of employment had been terminated. 15. On 16 May 2001 the Regional Court held a hearing of the applicant’s appeal against the District Court’s judgment of 29 June 1998, following which it upheld the latter’s judgment. It endorsed the reasoning given by the District Court and, in addition, it observed that, in view of the scope of his duties and his working relationship with the mayor, the applicant had clearly been in a “leading position” to which the rules on employment by appointment had applied. 16. On 28 November 2002 the Supreme Court dismissed the applicant’s appeal on points of law against the judgment of 16 May 2001 as unfounded.
It was held that, as for its substance and irrespective of the formal designation of the applicant’s contract, his relation with his former employer was one falling within the category of appointment within the meaning of Article 27 § 5 of the Labour Code. The applicant’s appointment thus could be, and in fact had been, cancelled. As the defendant had no other appropriate posts for the applicant, the termination of his employment was justified and lawful under Article 46 § 1 (d) of the Labour Code. On 10 February 2003 the Supreme Court corrected clerical errors in the decision. No appeal lay against it. 17. Following its decision of 15 March 1996 to deal separately with the applicant’s claim for compensation in respect of lost wages, at some unspecified time in 2001, the District Court opened a new set of proceedings under a different file number for this purpose. 18. On 6 November 2001 the District Court dismissed the claim. Referring to the judgments of 29 June 1998 and 16 May 2001, the District Court took it as established that the applicant’s dismissal was lawful. It thus could not have resulted in the loss of any wages. 19. On 21 May 2003, on the applicant’s appeal, the Regional Court quashed the judgment of 6 November 2001 observing that the District Court had deprived the applicant of an opportunity to assert his rights adequately in that it had determined the claim without having heard him. The matter was remitted to the District Court for re-examination. 20. On 29 September 2003 the District Court again dismissed the applicant’s claim for compensation for lost wages in substance for the same reason as on 6 November 2001. 21. On 13 September 2004, on the applicant’s appeal, the Regional Court quashed the judgment of 29 September 2003 finding that the District Court had failed to decide on the part of the applicant’s claim concerning severance pay. The matter was again remitted to the District Court where it is still pending. 22. On 21 June 2000, on the applicant’s petition (podnet) under Article 130 § 3 of the Constitution, the Constitutional Court (Ústavný súd) found that the District Court had violated the applicant’s right under Article 48 § 2 of the Constitution to a hearing without unjustified delay. It considered that the subject matter of the proceedings was not of particular complexity, that the applicant’s conduct had been cooperative and that what was at stake for him called for special diligence. As to the conduct of the District Court, the Constitutional Court observed in particular that it had failed to open a new set of proceedings or take any procedural steps in respect of the applicant’s claim for compensation for lost wages, as it had announced it would do in its judgment of 15 March 1996. 23. In February 2002 the applicant seized the Constitutional Court anew by a complaint (sťažnosť) under Article 127 of the Constitution, as in force since 1 January 2002, of continuing undue delays in his proceedings. The complaint was formally directed against the District Court. 24. On 19 February 2003 the Constitutional Court declared the complaint inadmissible. It observed that, at the time when the constitutional complaint had been lodged, the District Court had no longer been dealing with the case. By then the case had already been transmitted to the Supreme Court for a determination of the applicant’s appeal on points of law. In these circumstances, an examination of the part of the proceedings before the District Court could no longer serve to expedite them. Thus, in line with its established practice, the Constitutional Court found that it was not called upon to examine the complaint. | [
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8. The applicant was born in 1940 and lives in Akarp. He is the owner of a property known as “Humanisten 1” located in the city of Lund, in the south of Sweden. On the property there is a one-family house, which was built in 1934. 9. The applicant inherited the property from his father, who died in 1991. The area where the property is located was regulated by a city plan (stadsplan) which, in accordance with the provisional regulations under the new Planning and Building Act of 1987 (Plan- och Bygglagen, - hereinafter “the 1987 Act”), became valid as a detailed development plan (detaljplan). In order to facilitate the implementation of the detailed development plan, a more specific “property plan” (fastighetsplan) was adopted with respect to Humanisten 1. 10. The applicant’s late father had applied on 13 June 1989 to the Building Committee (byggnadsnämnden) of Lund for tentative approval (förhandsbesked) of a plan to divide Humanisten 1 and build a new one-family house. The purpose of such an approval, issued under Chapter 8, section 34 of the 1987 Act, was to give a property owner who was planning a building project for which the grant of a building permit was uncertain the possibility to obtain an advance assessment of whether the planned measures may be permitted at all, thereby avoiding unnecessary project work and costs. In assessing an application for a building permit made within two years after the grant of tentative approval, the Building Committee was bound by the determinations made in that approval.
According to the detailed development plan in force, only one main building was allowed on the existing property plot (the applicant’s plot corresponded to his property). The request for tentative approval was motivated by the father’s wish to build a house suited to his age, as he had difficulties in walking up and down the stairs of his current home. 11. In February 1990 the Building Committee decided to postpone its reply to the request until a new detailed development plan for the area had acquired legal force, but only until 13 June 1991. Subsequently, on 12 June 1991 the City Building Director (Stadsbyggnadsdirektören) adopted a new detailed development plan for Humanisten 1 by which a division of the property was prohibited. Accordingly, the Building Committee, on 14 August 1991, informed the applicant that he could not expect to be granted a building permit for a new one-family house and therefore did not give tentative approval for the project. 12. As the new owner of the property, the applicant appealed against both decisions to the County Administrative Board (länsstyrelsen, - hereinafter “the Board”) of the County of Malmöhus, claiming that the City Building Director had not been competent to adopt a new detailed development plan since the plan was contentious. He claimed that the refusal to grant tentative approval was also based on false assumptions. On 12 March 1992 the Board, which agreed with the applicant, quashed the City Building Director’s decision to adopt the plan and, on 16 March 1992, quashed the Building Committee’s decision and remitted the matter to the Committee for a new examination. 13. On 15 April 1992 the Building Committee granted the applicant a tentative approval, referring to his father’s initial application (of June 1989) for a tentative approval of a plan to divide the plot – Humanisten 1 – and to build a new one-family house. The decision moreover referred to the County Administrative Board’s decision (of 12 March 1992) to quash the detailed development plan and the earlier refusal of a tentative approval. Without expressing any conditions or reservations, the decision stated that the applicant could expect a building permit for a new one-family house and that this applied provided that an application for a building permit was submitted to the Building Committee within two years from the date of the decision. Finally, it stated that the tentative approval did not imply a right for the applicant to start the construction.
The Building Committee referred the matter to the Land Survey (lantmäteri) of Lund to prepare the question of the division of the plot (tomtdelning). 14. On 9 October 1992 the applicant applied for a building permit. After the matter had been considered by the relevant road network and energy authorities, the applicant submitted new plans on 16 November 1992. It appears that those proceedings were at a standstill until January 1997 (see section 4 below). 15. At the beginning of March 1993 the Land Survey recommended that the property plan for Humanisten 1 be repealed in order to facilitate a division of the property enabling the applicant to construct a new house on the resulting new plot. The Land Survey observed that the Building Committee had, with binding effect, made the assessment that the addition of a new one-family house would be consistent with the detailed development plan. A new property plan would not be required; repeal of the existing property plan would be sufficient and the division of the property would be consistent with the detailed development plan and be suitable for its purpose.
Several of the applicant’s neighbours opposed the measure with reference to the special character of the neighbourhood.
On 17 March 1993 the Building Committee followed the Land Survey’s suggestion and repealed the property plan for Humanisten 1. 16. The owners of two neighbouring properties appealed against the decision to the Board, claiming that the neighbourhood was worthy of preservation due to its special character and that new buildings would spoil the area. The Board visited the area before deciding on 24 September 1993 to reject the appeal. 17. The neighbours appealed to the Government, invoking the same grounds as before the Board. The applicant also submitted his observations. On 14 November 1996 the Government quashed the Board’s decision to repeal the property plan with, inter alia, the following reasoning:
“The Government find that the decision to repeal the property plan for Humanisten 1 ought to be considered in its context, namely to make possible a division of the property with the intention of constructing one more family house.
The Government observe that the entire block has long been occupied by buildings in accordance with the city plan and plot divisions. The block has 10 plots, the sizes of which vary between approximately 750 m² and 1100 m². .... The Government find that the concentration which will be the result if Humanisten 1, today 810 m², were to be divided into two properties and a new building were to be constructed, involves a not inconsiderable change to the complainants’ immediate surroundings. Nor can such a change be considered to comply with the shape that the block has been given through the city plan and the plot divisions. .... The Government thus find that the suitability of the intended change of the property and the development conditions within the block ought to be examined through a new detailed development plan for the area in which the size and situation of the buildings can also be regulated to a sufficient extent. In view of this and everything else which has emerged in the case, the Government find that the decision to repeal the property plan should be quashed.” 18. The applicant applied to the Supreme Administrative Court (Regeringsrätten) for judicial review under the 1988 Act on the Judicial Review of Certain Administrative Decisions (Lagen om rättsprövning av vissa förvaltningsbeslut - hereinafter “the 1988 Act”), submitting that, since the Building Committee’s tentative approval was binding on the examination of an application for a building permit, it effectively precluded an examination on the merits in the present case. Moreover, as the Building Committee had previously considered the suitability of dividing the property when it granted the tentative approval, it was not legally correct of the Government to consider the suitability yet again. The Government’s conclusion that the case should be reviewed through a new detailed development plan therefore lacked a legal basis.
The applicant further requested that an oral hearing be held in the case. In a decision of 17 March 1998 the Supreme Administrative Court refused the applicant’s request on the ground that the case could be examined and decided without holding an oral hearing. The applicant was given one month to submit additional written observations. 19. On 4 September 1998 the Supreme Administrative Court, unanimously, found that the Government’s decision was not unlawful and confirmed it. The court held:
“According to section 1 of the [1988 Act] the Supreme Administrative Court must examine if the Government’s decision in the case is contrary to any legal rule in the manner claimed by the applicant or as otherwise clearly appears from the circumstances of the case. ....
According to Chapter 1, section 6, of the [1987 Act] land may only be used for development if it is, from a public interest point of view, suitable for its purpose. The conditions on which an examination of suitability should be carried out through the adoption of a detailed development plan - and not solely in a matter concerning a building permit or a tentative approval - are specified in Chapter 5, section 1, paragraph 1, of the [1987 Act]. Thus, according to point 2 of the aforementioned provision, a detailed development plan becomes relevant when a new single building is to be constructed, the use of which will have significant influence on its surroundings. The Government’s assessment that the suitability of the intended change of the property and the development conditions within the block Humanisten ought to be reviewed through a new detailed development plan for the area, is within the scope of jurisdiction of the authorities in planning matters. Hence, the Supreme Administrative Court finds that the decision to quash the lower instances’ decisions regarding the property plan does not conflict with any legal rule in the manner claimed by the applicant. Nor does the examination show that the decision, in any other manner, is contrary to any legal rule. It should therefore be upheld.” 20. A request by the applicant for re-opening of the case was refused by the Supreme Administrative Court on 10 April 2002. 21. In the meantime, the Building Committee, in June 1995, adopted an amended detailed development plan which effectively prohibited a division of the applicant’s property, and the construction of another building on it. Upon appeal, the Board quashed the decision on the ground that it should have been decided by the Municipal Council (kommunfullmäktige) of Lund. After renewed examination by the Municipal Council, it adopted the detailed development plan on 27 February 1997. The applicant appealed against the decision to the Board, which on 18 January 1999 upheld the Council’s decision. It found that the public interest in protecting the cultural heritage of the neighbourhood outweighed the applicant’s private interest. The applicant made a further appeal to the Government, which was rejected on 23 June 2004. 22. On 13 February 1997, after the Office of the Town Architects had given its opinion and the applicant had commented, the Building Committee decided to reject his request of 9 October 1992 for a building permit.
On 20 February 1997, the applicant appealed against the above decision to the County Administrative Board. On 10 February 1999, after having granted the applicant several postponements from 15 May 1998 to 25 January 1999, the Board quashed the Committee’s rejection and referred the matter back for a new consideration. 23. On 23 March 1999 the Office of the Town Architects served the Building Committee’s decision of 15 April 1992 to grant the applicant tentative approval on the applicant’s neighbours, several of whom brought proceedings in April 1999 to have the measure quashed. They claimed that, although they were affected by the decision, the Committee had failed to hear them in the case or inform them about the decision.
In a decision of 31 March 2000, the Board first found that the neighbours were entitled to appeal against the tentative approval and was satisfied that they had done so within the required time-limit. Although they ought to have been aware of the tentative approval in connection with the property plan issue, the decision had been formally served or notified to them only in March 1999. The Board quashed the Building Committee’s 15 April 1992 decision on the grounds that the tentative approval was contrary to the existing property plan and detailed development plan and the neighbours should have been given the opportunity to express their views on the matter before it was decided. 24. On 3 March 1999 the Building Committee appealed against the Board’s above-mentioned decision of 10 February 1999 to the County Administrative Court (länsrätten) of the County of Skåne. The applicant obtained extensions of time-limits for filing his written submissions in April and May 1999, and in September he asked the court to give priority to the case. 25. Following the Board’s above-mentioned decision of 31 March 2000 on the tentative approval, the applicant appealed against this decision to the County Administrative Court. The latter granted him four extensions between 5 May and 23 August 2000 of the time-limits for specifying his appeal grounds. 26. The County Administrative Court examined both of the above appeals concurrently and on 11 October 2000 it delivered two judgments, one on each appeal.
In the first judgment the County Administrative Court rejected the applicant’s appeal and upheld the Board’s reasoning.
In the second judgment it held that, since it had confirmed the Board’s decision, there no longer existed a tentative approval which was binding on the Building Committee. Consequently, the Committee’s appeal against the Board’s decision of 10 February 1999 should be granted and the matter referred back to the Board for further consideration. 27. In November 2000 the applicant appealed against both judgments to the Administrative Court of Appeal (kammarrätten) in Gothenburg.
In the appeal concerning the tentative approval, the Administrative Court of Appeal granted him seven extensions until 8 May 2001 for the submission of his appeal grounds. As to his appeal concerning the building permit, the applicant was granted two such extensions, also until 8 May 2001.
In two separate decisions of 17 December 2001, the Administrative Court of Appeal refused the applicant leave to appeal in each case. 28. In February and March 2002 the applicant appealed to the Supreme Administrative Court.
The latter granted him numerous extensions until 29 August 2003 of the time-limits for filing written submissions on the appeal concerning the building permit. On 7 January 2004 the Supreme Administrative Court ordered him to complete his submissions.
Concurrently with the above, he was also granted a number of extensions for the filing of his appeal submissions, until 17 December 2003 in the case concerning the tentative approval. On that date the Supreme Administrative Court ordered him to complete his observations.
In respect of both appeals, reminders were served on him in February and March 2004.
On 15 September 2004 the Supreme Administrative Court refused the applicant leave to appeal in both cases. 29. In separate proceedings in 1997, the applicant requested the District Court (tingsrätten) of Lund to declare that the Municipality of Lund was liable to pay him compensation for both actual and potential damage caused by the Municipality’s refusal to grant his request for a building permit despite having granted him an unconditional tentative approval which was binding. The Municipality denied responsibility. 30. By judgment of 13 October 1998 the District Court declared that the Municipality was liable to compensate the applicant for both actual and potential damage caused by its refusal to grant the applicant a building permit. The Municipality was further liable to pay his legal costs. The District Court took note of the Municipality’s argument that the tentative approval was conditional upon an amendment to the property plan, and that the applicant was aware of the need to modify the property plan and ought to have understood that the positive tentative approval did not mean that he would be able to build without an amendment to the property plan. In the view of the District Court the fact that a claimant was aware that an amendment to the property plan was needed in order to grant a building permit did not dispense the Building Committee from specifically reviewing and justifying its position as to whether the desired measure was authorised by existing plans. What the applicant may have known about existing plans was therefore of no significance in this context. Since the applicable plans did not allow the grant of a building permit and since an amendment to the plan could not be a condition attached to a tentative approval, such approval should not have been granted. Nor was such knowledge significant for the assessment of his application for a building permit, refused on 13 February 1997. On the whole, the refusal was erroneous. The District Court found that the Building Committee had disregarded a clear and unambiguous provision in the 1987 Act, i.e. Chapter 8 section 34, which stated that a tentative approval was binding if an application for a building permit was made within two years from the date on which the tentative approval was granted. Moreover, the District Court found it remarkable that the Building Committee had taken almost four and a half years to reject the request for a building permit since the average time to process such a request was six to eight weeks, according to testimony given by the city architect. Thus, the court considered that the Building Committee’s handling of the case had involved such fault and neglect in its exercise of public authority that the Municipality was liable to pay compensation. 31. The Municipality appealed to the Court of Appeal (hovrätten) of Skåne and Blekinge, which on 25 October 2000 upheld the lower court’s judgment in full. As no further appeal was lodged, the Court of Appeal’s judgment acquired legal force on 23 November 2000. 32. In 2001 the applicant, invoking the above declaratory judgment, instituted civil proceedings against the Municipality requesting compensation in an amount of SEK 3,000,000 for the damage he had suffered due to the refusal to grant him the building permit. He claimed that this damage corresponded to the market value of the part of his property upon which he would have built the house. The Municipality contested the request. 33. In a judgment of 4 March 2003, the District Court of Lund noted that the proceedings relating to the building permit were still pending and that it was improbable that he would be granted such a permit. However, even if he were to be granted a permit, the decision would most likely be quashed on appeal. Thus, it rejected the applicant’s claim on the ground that he had not shown that he had suffered any actual damage as a consequence of the Municipality’s fault and neglect. The applicant appealed against the judgment to the Court of Appeal. 34. By a judgment of 19 December 2003, the Court of Appeal upheld the District Court’s judgment of 4 March 2003, sharing the latter’s view that the applicant had failed to show that a building permit granted by the Municipality would have stood after the review by higher instances. The Municipality could reasonably argue that the question of damage could not therefore be assessed only on the basis of the fact that the Municipality was formally obliged to grant the applicant a building permit. It found that the applicant had not been able to demonstrate that the consideration of his application for a tentative approval by the Municipality of Lund, while blameworthy, had led to his being denied a definite right to divide and build a new house on his property. Nor had he demonstrated that the Municipality’s handling of his case had caused the damage for which he had claimed compensation. 35. The applicant appealed against the judgment to the Supreme Court, which on 23 May 2005 refused the applicant leave to appeal. | [
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4. The applicant was born in 1953 and lives in the city of Chernigiv, Ukraine. 5. In 1999 the applicant instituted proceedings in the Desnyanskyy District Court against the State Company “Atomspetsbud” to recover unpaid salary. On 5 August 1999 the court awarded him 10,353 Ukrainian hryvnas (UAH) in salary arrears. 6. At the end of 2001, the applicant instituted proceedings in the Pecherskyy District Court of Kyiv against the President of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Energy and the Ministry of Justice, for compensation of pecuniary and non-pecuniary damage caused by the non-enforcement of the judgment in his favour. On 29 January 2002 the court found against the applicant, stating that the applicant could have lodged appropriate claims for damages against the State Bailiffs’ Service and not against the above defendants, whose responsibility for the non-enforcement of the judgment had not been proved by the claimant. The applicant did not appeal against this decision under the ordinary appellate and cassation procedures. 7. By an order of 27 June 2002, the debtor company was liquidated and all the writs of execution were forwarded to the liquidation commission which had been established. 8. By a letter dated 4 January 2003 from the Ministry of Justice to other creditors, the applicant became aware that the judgment of 5 August 1999 would not be enforced due to the large number of enforcement proceedings against the debtor. In addition, the Ministry had stated that the enforcement of the judgment by an attachment of property required the special authorisation of the Ministry of Emergencies due to the location of the debtor’s property in the Chernobyl area, contaminated by radioactivity. 9. The judgment apparently remains unexecuted. | [
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7. The applicant was born in 1969 and lives in the village of Ponyatovka, Odessa region, Ukraine. 8. The applicant worked as a customs officer at the Rozdilnyanska Customs Office in the Odessa Region, Ukraine. 9. On 24 July 2000 the applicant was charged with the criminal offences of aiding and abetting in smuggling and tax evasion, abuse of power and fraud. The same day the applicant was arrested. He remained in custody until 6 November 2000. 10. On 6 November 2000 the Novozavodsky District Court of Chernigiv decided the applicant’s case. The court established, in particular, that the applicant had certified documents confirming that two vans with goods had left the customs territory of Ukraine, and that the applicant had not checked the actual presence of the vehicles at the customs post. The goods were, however, found and seized by the Security Service somewhere else within the customs territory of Ukraine. The court did not find any proof that the applicant had acted deliberately in order to aid the crime: the applicant denied any criminal intent and no other persons involved in the actual smuggling or tax evasion had been established by the investigation. On the basis of these findings, the court sentenced the applicant to three years’ imprisonment for the negligent performance of his professional duties and to a fine of UAH 400[1]. At the same time, the court acquitted the applicant of other charges. By the same decision, the applicant was absolved from this sentence under the Amnesty Law of 11 May 2000. This decision was not appealed and became final on 14 November 2000. 11. On an unspecified date, the President of the Chernigiv Regional Court lodged a request for a supervisory review of the judgment of 6 November 2000, on the grounds of an erroneous qualification of the applicant’s actions and his unreasonable acquittal on the other criminal charges brought by the prosecution. The President also noted that the sentence was too lenient. 12. On 25 December 2000 the Presidium of the Chernigiv Regional Court allowed the request of its President, quashed the judgment of 6 November 2000, and remitted the case for a fresh consideration. The court instructed the first instance court to examine more thoroughly the existing evidence in the case and to conduct additional, more comprehensive interrogations of the accused and the witnesses. 13. On 29 January 2001 the Novozavodsky District Court of Chernigiv considered the case anew and sentenced the applicant to five years’ imprisonment, suspended for two years pending probation, and a fine of UAH 1,000[2]. The court found the applicant guilty of aiding and abetting in smuggling, an abuse of power and fraud. The court acquitted the applicant of aiding and abetting tax evasion, since all the smuggled goods had been seized by the law enforcement bodies and no profit had been made by anyone selling them. 14. On 1 March 2001 the Criminal Chamber of the Chernigiv Regional Court upheld the decision of the first instance court. The former found that the first instance court had correctly qualified the applicant’s actions. This decision was final. 15. On an unspecified date, the President of the Chernigiv Regional Court lodged a request for a supervisory review of the judgments of 29 January and 1 March 2001, on the ground that the courts had not followed the instructions given in the previous decision of the Presidium of the Chernigiv Regional Court of 25 December 2000 about the qualification of the applicant’s actions and the severity of the sentence. 16. On 19 March 2001 the Presidium of the Chernigiv Regional Court chaired by the President allowed the request, quashed the decision of 29 January 2001, and remitted the case for a fresh consideration. The Presidium found that the first instance court had not followed the earlier instructions and that the sentence was too lenient. 17. On 2 October 2001 the Novozavodsky District Court of Chernigiv considered the case anew, found the applicant guilty of all charges and sentenced him to five years’ imprisonment. 18. On 9 July 2002 the Supreme Court allowed the applicant’s cassation appeal and changed the decision of the first instance court, sentencing the applicant to two years’ imprisonment for the negligent performance of his professional duties. The court noted that no criminal intent in the applicant’s actions could be established and, given the lapse of time, it seemed improbable that any other offenders, who had been directly involved in smuggling, could be found. Therefore, the court acquitted the applicant of the other charges (aiding and abetting in smuggling and tax evasion) for a lack of corpus delicti. By the same decision, the applicant was absolved from his sentence under the Amnesty Law of 11 May 2000. | [
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10. The applicant was born in 1972 and lives in Hamburg (Germany). 11. On 8 September 1992 Mr S. was fatally injured by a shot fired at a travellers' encampment (campo nomadi) in Rome. The initial statements taken by the police from witnesses indicated that the applicant had been responsible for the killing. 12. On 15 October 1992 the Rome investigating judge made an order for the applicant's detention pending trial. However, the order could not be enforced as the applicant had become untraceable. As a result, the Italian authorities considered that he had deliberately sought to evade justice and on 14 November 1992 declared him to be a “fugitive” (latitante). The applicant was identified as Cloce (or Kroce) Sejdovic (or Sajdovic), probably born in Titograd on 5 August 1972, the son of Jusuf Sejdovic (or Sajdovic) and the brother of Zaim (ou Zain) Sejdovic (or Sajdovic). 13. As the Italian authorities had not managed to contact the applicant to invite him to choose his own defence counsel, they assigned him a lawyer, who was informed that his client and four other persons had been committed for trial on a specified date in the Rome Assize Court. 14. The lawyer took part in the trial, but the applicant was absent. 15. In a judgment of 2 July 1996, the text of which was deposited with the registry on 30 September 1996, the Rome Assize Court convicted the applicant of murder and illegally carrying a weapon and sentenced him to twenty-one years and eight months' imprisonment. One of the applicant's fellow defendants was sentenced to fifteen years and eight months' imprisonment for the same offences, while the other three were acquitted. 16. The applicant's lawyer was informed that the Assize Court's judgment had been deposited with the registry. He did not appeal. The applicant's conviction accordingly became final on 22 January 1997. 17. On 22 September 1999 the applicant was arrested in Hamburg by the German police under an arrest warrant issued by the Rome public prosecutor's office. On 30 September 1999 the Italian Minister of Justice requested the applicant's extradition. He added that, once he had been extradited to Italy, the applicant would be entitled to apply under Article 175 of the Code of Criminal Procedure for leave to appeal out of time against the Rome Assize Court's judgment. 18. At the request of the German authorities, the Rome public prosecutor's office stated that it did not appear from the evidence that the applicant had been officially notified of the charges against him. The public prosecutor's office was unable to say whether the applicant had contacted the lawyer assigned to represent him. In any event, the lawyer had attended the trial and had played an active role in conducting his client's defence, having called a large number of witnesses. Furthermore, the Rome Assize Court had clearly established that the applicant, who had been identified by numerous witnesses as Mr S.'s killer, was guilty. In the opinion of the public prosecutor's office, the applicant had absconded immediately after Mr S.'s death precisely to avoid being arrested and tried. Lastly, the public prosecutor's office stated: “A person who is to be extradited may seek leave to appeal against the judgment. However, for a court to agree to re-examine the case it has to be proved that the accused was wrongly deemed to be a 'fugitive'. To sum up, a new trial, even in the form of an appeal (during which new evidence may be submitted), is not granted automatically.” 19. On 6 December 1999 the German authorities refused the Italian government's extradition request on the ground that the requesting country's domestic legislation did not guarantee with sufficient certainty that the applicant would have the opportunity of having his trial reopened. 20. In the meantime, the applicant had been released on 22 November 1999. He has never lodged an objection to execution (incidente d'esecuzione) or an application for leave to appeal out of time (see “Relevant domestic law and practice” below) in Italy. | [
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4. The applicant was born in 1946 and lives in Larnaca. 5. On 1 November 1985 the applicant lodged a civil action (no. 2891/85) before the District Court of Larnaca concerning the payment of the remainder of the price agreed under the contract of sale of his enterprise in South Africa. The total claim was 60,000 South African Rand (ZAR), which was the equivalent of 30,000 Cypriot pounds (CYP) at the relevant time. 6. Between the above date and 1 January 1989 the Court dealt with the submission of the parties’ pleadings and several applications for their amendment, for the purposes of which a number of adjournments or requests for extensions took place. Approximately five adjournments took place in this period, one at the applicant’s request, two at the defendant’s request and two by the court itself. 7. On 20 February 1989 the case was adjourned until 9 June 1989 on the parties’ request. The hearing of the case commenced on that date and was fixed to continue on 26 June 1989 but following an adjournment requested by the applicant it was fixed for 27 September 1989. On the latter date the defendant raised an objection challenging the jurisdiction of the Larnaca District Court since the contract between the parties had been concluded in South Africa. The court fixed the hearing in respect of the objection for 14 October 1989. Following two adjournments at the defendant’s request the hearing took place on 10 November 1989. 8. On 30 January 1990 the court dismissed the defendant’s objection pertaining to its jurisdiction and fixed the hearing for 6 March 1990. 9. On 13 February 1990 an appeal (no. 8052) was filed against the district court’s ruling of 30 January 1990, concerning its jurisdiction to try the case. Consequently, the case was taken off the trial list pending the result of the appeal. 10. On 21 February 1990 the defendant was served with a notice by the Registrar of the Supreme Court requesting him to pay the due fee for the preparation of the record of the first instance proceedings. The court’s record was sent by the Larnaca District Court to the Supreme Court on 22 March 1990. 11. On 23 November 1992 the parties were notified by the Chief Registrar of the Supreme Court that the appeal was fixed for hearing on 15 December 1992. On that date however the case was adjourned to enable the applicant to file a cross-appeal. 12. On 27 April 1993 the Supreme Court found that the Larnaca District Court had jurisdiction to try the action and dismissed the appeal. 13. On 7 June 1995 the applicant applied for a date of mention concerning the continuation of the proceedings and the case was fixed for this purpose for 7 July 1995. On that date it was fixed to be heard on 5 December 1995. 14. Between the above date and 20 December 1996 the case was adjourned several times. Approximately three of these adjournments were at the applicant’s request, four at the parties’ request and one at the defendant’s. 15. On 20 December 1996 the Larnaca District Court reserved its judgment. This was delivered on 30 January 1997 dismissing the applicant’s action. 16. On 3 March 1997 the applicant filed an appeal (appeal no. 9912) against the first instance judgment. 17. The notice of the appeal was sent by the Registrar of the Larnaca District Court on 13 March 1997 to the Supreme Court indicating that the file of the case had been given for the purposes of typing the record of the proceedings and that this would be available in ten months due to the excessive volume of work. The record was necessary in order for the appeal to be fixed for hearing. On 2 April 1997 the applicant paid the fee due for the court’s record. 18. On 9 February 1998 the Chief Registrar notified the parties that the appeal was fixed for directions for 24 February 1998. On that date the parties were instructed to file their outline addresses. 19. On 9 November 1998 the Chief Registrar sent a notice to the parties informing them that the appeal was fixed for hearing on 17 December 1998. On that date the parties’ addresses were heard and judgment was reserved. 20. On 26 January 1999 the Chief Registrar of the Supreme Court informed the parties that due to the resignation of one of the presiding judges, the appeal had to be retried. Following two adjournments on the basis of the respondent’s request, the parties’ addresses were heard on 21 June 1999 and judgment was reserved. 21. On 30 September 1999 the Supreme Court delivered its judgment setting aside the first instance decision and ordering a retrial. The costs of both the first instance trial and the appeal were awarded in favour of the applicant. The parties were then notified that the case file had been returned to the Larnaca District Court on 6 October 1999 and they were requested to file an application to that court for the case to be fixed. 22. On 4 February 2000 the applicant applied to the Registrar of the Larnaca District Court requesting that the case be fixed for retrial. 23. On 20 June 2002 an application was lodged by the applicant requesting that the case be fixed for directions. In the relevant court records of 4 July 2002, the court stated that the case should be given priority and that the Registrar should inform the court why the case was not put before it on 4 February 2000 when the applicant had applied for the case to be fixed. In the relevant court records of 5 July 2002, the Registrar noted that the file of the case had been returned to the Supreme Court for the assessment of costs which took place on 4 April 2000 and that it was not known why the case had not been put before a judge. However, the Registrar pointed out that the applicant’s lawyers had not pursued the application for two years. 24. The case was then fixed for 14 and 15 November 2002 but following an adjournment at the defendant’s request it was postponed until 11 and 12 December 2002. On 11 December 2002 the case was settled between the parties with a decision in the applicant’s favour for the amount of CYP 2000 plus the costs and expenses that had been awarded by the Supreme Court. | [
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4. The applicant was born in 1979 and is currently detained in the Ankara Prison 5. On 23 May 1999 at about 3 p.m. the applicant, who was working for a newspaper called Kurtuluş, was taken into police custody in the district of Almus in the province of Tokat by police officers on suspicion of membership of an illegal organisation, namely the DHKP/C (Revolutionary People’s Liberation Party-Front). At about 5 p.m. she was taken to the Almus State Hospital, where a medical report was issued. In the report, the presence of a 0.5 x 1 cm. abrasion under the right eye was noted. It was stated that this abrasion had probably been caused as a result of an irritation. The medical report further indicated that there were no signs of ill-treatment on her body. 6. On the same day, the applicant was transferred to the province of Tokat to be interrogated by the Anti-Terrorism Branch of the Tokat Security Directorate. Before being taken to the Security Directorate Building, at about 7.45 p.m. the applicant was sent to the Tokat State Hospital for a medical examination. The medical report indicated the presence of a hyperaemia under the right eye and an abrasion on the right side of the nose. Thereafter at about 8.10 p.m. the applicant was taken to the Tokat Maternal Hospital for a gynaecological examination with a request to establish her virginity status. As she did not give her consent, the applicant did not undergo a gynaecological examination. At 9 p.m. the applicant was taken once again to the Tokat State Hospital, this time for a rectal examination. As the applicant refused to be examined, no rectal examination was performed. 7. On 30 May 1999 before being released from custody, the applicant was taken to the Tokat Maternal Hospital for a gynaecological and rectal examination. As she did not give her consent, the doctors did not perform the examinations. Subsequently, she was taken to the Tokat State Hospital, where she was examined by a doctor. According to the doctor’s report, no signs of ill-treatment were observed on the applicant’s body. 8. On 30 May 1999 the applicant was brought before the Tokat public prosecutor. Before the public prosecutor, she denied the allegations against her and maintained that her police statement, dated 29 May 1999, had been taken under duress. She stated that she had been hosed with cold water, subjected to electric shocks and Palestinian hanging. 9. The same day the applicant was further brought before the investigating judge at the Tokat Magistrate’s Court where she repeated her statement taken by the prosecutor. The investigating judge decided to place her in detention on remand on account of the evidence in the file and the nature of the offences against her. 10. On 31 May 1999 the Tokat public prosecutor declined jurisdiction and transferred the case to the public prosecutor at the Ankara State Security Court. 11. In an indictment dated 15 June 1999, the Ankara State Security Court Public Prosecutor initiated criminal proceedings against the applicant and accused her of being a member of an illegal organisation. 12. On 12 August 1999 the applicant sent a letter to the court and retracted her statement made to the police, alleging that it was taken under duress. In this letter, she explained in detail the various forms of ill-treatments she had been allegedly subjected to in custody. In particular, she maintained that during her police custody she had been stripped naked, threatened with rape, beaten, hosed with cold water, subjected to electric shocks and hung from her arms. 13. On 11 July 2000 the Ankara State Security Court found that the applicant had been continuously working for the said illegal organisation. It therefore found the applicant guilty as charged under Article 168 of the Criminal Code and sentenced her to twelve years six months’ imprisonment. 14. On 4 April 2001 the applicant submitted her appeal petition to the Court of Cassation. While challenging the decision of the first-instance court, she particularly referred to her ill-treatment under custody. She also stated that she had been taken to the hospital on two occasions during her police custody to undergo a gynaecological examination. She alleged that this treatment constituted degrading treatment. 15. On 25 April 2001 the Court of Cassation, upholding the Ankara State Security Court’s reasoning and assessment of evidence, rejected the applicant’s appeal. | [
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8. The applicant was born in 1957 and lives in Jambul, Kazakhstan. 9. On 28 October 1992 the Moscow police opened a criminal investigation into the theft of about four thousand million Russian roubles (approximately thirty-five million US dollars) from the Bank of Russia through the use of forged credit notes of the National Bank of Kazakhstan. 10. On 24 December 1992 the applicant was arrested at Moscow Airport on his arrival from Italy and taken into custody. On 26 and 27 December 1992 the applicant confessed to having conspired with Mr Smolenskiy, director of a Russian commercial bank, to steal the money. 11. On 28 December 1992 the applicant was released from custody. 12. On 23 November 1994 the applicant was charged with large-scale fraud, an offence under Article 147 § 3 of the Russian Soviet Federative Socialist Republic (RSFSR) Criminal Code, and ordered to be detained pending trial. As by that time the applicant had fled from Russia, his name was placed on the list of fugitives from justice. 13. On 20 March 1997 the applicant’s name was placed on the Interpol wanted list. On 11 September 1997 the Swiss police arrested the applicant in Lugano, Switzerland, with a view to extraditing him. 14. Upon receipt of the documents supporting the extradition request, the Swiss authorities decided on 29 January 1998 to extradite the applicant. 15. On 24 April 1998 the applicant was extradited to Russia, where he was placed in detention facility IZ-48/4 (“Matrosskaya Tishina”). 16. On 15 June 1998 the applicant’s counsel asked the Preobrazhenskiy District Court of Moscow to release the applicant. She submitted, in particular, that he had been detained in Switzerland on the basis of the arrest warrant of 23 November 1994 and had remained in custody for more than nine months. In Kazakhstan, his country of nationality, the criminal proceedings against him had been discontinued on the ground that no criminal offence had been committed. In any event, after six years’ investigation the investigators had gathered all the available evidence including statements by witnesses, and the applicant could not therefore interfere with the establishment of the truth. Finally, his release was necessary on medical grounds because his health had seriously deteriorated in detention. 17. On 25 June and 8 July 1998 the hearings listed before the Preobrazhenskiy District Court were adjourned because the applicant had not been brought to the court. 18. On 13 July 1998 a deputy Prosecutor General of the Russian Federation authorised an extension of the applicant’s detention pending trial until 8 September 1998, that is, for a total of twelve months from the date of his initial detention in Switzerland. The continued detention was justified by reference to the gravity of the offence, the risk that the applicant might abscond and the international obligations undertaken by the Russian authorities in the extradition proceedings. 19. On 14 July 1998 the Preobrazhenskiy District Court took statements from the applicant and his lawyer and from the prosecutor and held that the detention had been imposed and subsequently extended on valid grounds and in compliance with the Code of Criminal Procedure. Accordingly, no grounds for applying a different measure of restraint had been made out. 20. On 3 August 1998 the Moscow City Court upheld the decision of 14 July 1998. The court reiterated in general terms the finding that the applicant’s detention was lawful. 21. On 29 July 1998 the Prosecutor General authorised an extension of the applicant’s detention pending trial until 8 March 1999, that is, for a total of eighteen months. The applicant submitted that no separate extension order had been issued and that the new authorisation had been printed on top of the authorisation of 13 July 1998. He further submitted that he had not been notified of the extension until 10 September 1998. 22. On 22 October 1998 the applicant’s counsel challenged the extension before the Preobrazhenskiy District Court. She submitted, in particular, that there was no indication that the applicant had committed an offence on Russian territory; that the authorised period of his detention had expired on 8 September 1998, whereas the applicant had not been notified of the subsequent extension until two days later; and that there was no actual risk that the applicant would abscond or interfere with the investigation. 23. On 13 November 1998 the Preobrazhenskiy District Court dismissed the challenge. It held that there were no grounds for lifting or varying the preventive measure imposed on the applicant, as the detention period had been extended in accordance with the law. The court found that it was not competent to review the lawfulness of, and grounds for, the applicant’s placement into custody because that issue had already been determined in the decision of 14 July 1998 (see paragraph 19 above). 24. On 23 November 1998 the applicant’s lawyers lodged an appeal. They submitted, in particular, that domestic law permitted the extension of detention beyond the nine‑month period only in “exceptional circumstances”, whereas in the present case neither the Prosecutor General, who had authorised the extension to eighteen months, nor the District Court that had reviewed his decision, had pointed to any such circumstance. 25. On 9 December 1998 the Moscow City Court upheld the decision of 13 November 1998. The court reiterated that the detention period had been extended lawfully because the applicant had been charged with a serious offence. No other reasons for the continued detention were given. 26. On 29 December 1998 a new charge was added: the applicant was accused of forging and making use of a State document, an offence under Article 196 § 1 of the RSFSR Criminal Code. 27. On 14 January 1999 the Prosecutor General’s Office decided to sever the case against the applicant from that against Mr Smolenskiy, the applicant’s co-accused. 28. On 4 March 1999 the case file and the bill of indictment were deposited with the Zamoskvoretskiy District Court of Moscow in preparation for trial. 29. On 22 March 1999 the District Court set the case down for hearing on 6 April 1999. The hearing was subsequently adjourned three times. 30. On 7 May 1999 the District Court found that the applicant’s right to consult his lawyers had been unlawfully restricted, with the result that the defence’s requests for discontinuation of the proceedings, the applicant’s release, the summoning of additional witnesses and the exclusion of certain evidence had not been examined. The court referred the case back to the pre-trial stage (стадия назначения к слушанию). 31. On 20 May 1999 the Zamoskvoretskiy District Court found that the case against the applicant had been unlawfully severed from the case against Mr Smolenskiy. The court considered that the prosecution should complete the investigation into Mr Smolenskiy’s offences and that the charges against both co-defendants should be examined together. The court ordered the case to be referred back for additional investigation. The prosecution appealed against the decision. 32. On 18 June 1999 the criminal proceedings against Mr Smolenskiy were discontinued for lack of evidence. 33. On 7 July 1999 the Moscow City Court upheld the decision of 20 May 1999. The court also established other procedural defects: in particular, it ordered that the lawfulness of the discontinuation of criminal proceedings against Mr Smolenskiy be reviewed and that the applicant’s bill of indictment be updated accordingly. 34. On 19 July 1999 the applicant’s case file was returned to the Prosecutor General’s Office. 35. On 23 July 1999 the Prosecutor General’s Office lodged an application for supervisory review (протест в порядке надзора) against the decisions of 20 May and 7 July 1999 with the Presidium of the Moscow City Court. The prosecution claimed that, in referring the case back for additional investigation, the courts had failed to take into account the imminent expiry of the authorised detention period and had also violated the applicant’s right to have the charge against him determined within a reasonable time. 36. In July 1999 the applicant’s lawyer complained about the unlawfulness of her client’s continued detention to the director of the remand centre where the applicant was being held, the deputy Minister of Justice in charge of the Prisons Administration Department (ГУИН Министерства юстиции РФ), the Minister of Justice, the acting Prosecutor General and the Preobrazhenskiy District Court (on 26 July 1999). She requested the applicant’s release, claiming that his detention after 24 July 1999 had been unlawful as no further extension had been authorised. 37. On 28 July 1999 a senior legal adviser from the Prosecutor General’s Office informed the Prisons Administration Department that from the date on which the deputy Prosecutor General had lodged an application for supervisory review the applicant’s detention had been “accounted for by the Moscow City Court”. The authorities of the remand centre relayed this information to the applicant’s lawyer. 38. On 4 August 1999 the Minister of Justice sent a letter to the acting Prosecutor General, the relevant part of which read as follows:
“...on 19 July 1999 the case file was received by the Prosecutor General’s Office from the Zamoskvoretskiy District Court of Moscow... [The applicant’s] detention period expired on 23 July 1999.
According to the information from the Prosecutor General’s Office, the [the applicant’s] detention period was suspended in connection with the lodging of the application for supervisory review ... and the transfer of the applicant to the Moscow City Court.
I consider that this approach by the officials of the Prosecutor General’s Office is incompatible with the Constitution of the Russian Federation and its criminal-procedure laws.
...For instance, the criminal-procedure laws do not provide for suspension of the renewed detention period pending examination of an application for supervisory review of the decision to refer the case back for additional investigation... This means that the examination of final judgments, decisions or rulings by means of [supervisory] review does not suspend either the enforcement of the judgment or the [additional] pre-trial investigation if the case has been referred back for additional investigation [by a court decision].
...Accordingly, in the present case, [the lodging of an application for supervisory review] suspended not the detention period, but the additional investigation, as it is inconceivable that suspension of the detention period in such a case would be conducive to the implementation of a citizen’s right to liberty and personal integrity enshrined in Article 22 of the Constitution.
...In this connection the legislature made provision, in Article 97 of the RSFSR Code of Criminal Procedure, for one and only one option for extending the detention period if a case is referred back for additional investigation, namely that such extension must be authorised by the prosecutor supervising the investigation.”
The Minister of Justice invited the Prosecutor General to report within one day on whether the applicant’s detention pending trial had been extended as provided for in Article 97 of the Code of Criminal Procedure. 39. On 5 August 1999 a deputy Prosecutor General wrote to the Minister of Justice stating that his office had received the case file on 20 July 1999 and that he had lodged an application for supervisory review without “having taken on the case” (“не принимая дело к своему производству”). The letter did not refer to any extension of the applicant’s detention. 40. On the same day Mr L., the prosecutor supervising the lawfulness of the enforcement of criminal penalties, sent a faxed request to the remand centre where the applicant was being held, requesting that the applicant should not be released until the Moscow City Court had examined the application for supervisory review. 41. On 12 August 1999 the Presidium of the Moscow City Court quashed the decisions of 7 and 20 May and 7 July 1999 on procedural grounds and remitted the case to the Zamoskvoretskiy District Court for examination on the merits by a differently composed bench. 42. On 16 August 1999 a judge of the Preobrazhenskiy District Court discontinued the proceedings in connection with the complaint concerning the unlawfulness of the applicant’s detention because “on 13 August 1999 the [applicant’s] case had been referred to the Zamoskvoretskiy District Court for trial”. 43. On 6 October 1999 the case file was returned to the Zamoskvoretskiy District Court. The commencement of the trial was scheduled for 25 November 1999 but was adjourned on three occasions because certain documents from the Prosecutor General’s Office were missing or because the presiding judge was involved in other proceedings. 44. On 20 January 2000 the Zamoskvoretskiy District Court ordered the case to be referred back to the Prosecutor General’s Office for additional investigation. It held that the preventive measure imposed on the applicant (detention pending trial) “should remain unchanged”. 45. On 4 February 2000 the Investigations Department of the Ministry of the Interior resumed the investigation. On the same day the applicant was released subject to an undertaking that he would not leave the city. 46. In March 2000 the applicant applied for permission to return home. After permission had been granted, he left for Kazakhstan on 12 March 2000. 47. On 3 March and 12 April 2000 the Investigations Department of the Ministry of the Interior asked the Prosecutor General to extend the authorised term of the investigation. On 20 March and 27 April 2000 a deputy Prosecutor General refused a further extension because “the applicant’s whereabouts could not be established”. 48. On 20 April and 7 June 2000 the applicant’s lawyers asked the investigators to inform them of the situation with regard to the criminal proceedings against the applicant; their requests received no response. 49. On 7 June 2000 the applicant’s lawyers also requested the prosecution to discontinue the criminal case against the applicant, referring to a decision of 28 April 2000 by the Kazakhstan prosecutors to discontinue the criminal proceedings. On 27 June 2000 the acting head of the department for supervision of investigations of particularly serious cases in the Prosecutor General’s Office refused their request on the ground that the offence had been committed on Russian territory and that there were no legal grounds for discontinuing the proceedings against the applicant. 50. According to the Government, the criminal proceedings against the applicant in Russia had been discontinued on 28 April 2000 by a decision of the Investigations Department of the Ministry of the Interior, on the ground that the applicant’s involvement in the offence could not be proved. The decision indicated, in particular, that “further proceedings in the case [had been] impossible because the Prosecutor General’s Office [had] refused a further extension of the authorised investigation period”. On an unspecified date the investigator had allegedly informed the applicant of that decision by telephone, but had been unable to send a copy of the decision to the applicant because he had not known his address. In June 2000 the same information had allegedly been communicated to Ms Orozalieva, the applicant’s lawyer. 51. On 16 January 2004 Ms Orozalieva asked the Investigations Department of the Ministry of the Interior for a copy of the decision to discontinue the criminal proceedings against the applicant. She indicated that she had learnt of its existence in October 2003, during a conversation with a senior investigator dealing with particularly serious cases in the Prosecutor General’s Office. 52. On 17 February 2004 the deputy head of the Investigations Department of the Ministry of the Interior replied to her that “on 27 December 2000 case file no. 81684 [had been] sent to the Prosecutor General’s Office and [had] not yet been returned to the Investigations Department of the Ministry of the Interior; the documents [could not] therefore be provided”. | [
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6. The applicant was born in 1986 and lives in Moscow. 7. The applicant was a member of the National Bolsheviks Party. 8. At 12.30 p.m. on 14 December 2004 forty Party members effected an unauthorised entry into the reception area of the Administration of the President of the Russian Federation (the “President’s Office”). Some of them pushed away the guards at the entrance and occupied room no. 14 on the ground floor. They locked themselves in, blocked the door with a heavy safe and let the others enter through the window. 9. Until the police arrived, the Party members, including the applicant, waved placards through the office window, threw out leaflets and chanted slogans calling for the President’s resignation. They stayed in the office for approximately one hour. 10. On 14 December 2004 the applicant came with her friends for a walk in the city centre. Suddenly she found herself in the midst of a dense crowd and she thought it best to go in the same direction as everyone else. The crowd brought her into a certain building which turned out to be the waiting area of the President’s Office. She felt weak and sat down on the floor. The people around shouted and chanted but she could not understand what was going on. Then the police arrived and took everyone in custody. 11. The media reported that on 14 December 2004 a group of about forty members of the National Bolsheviks Party locked themselves in an office on the ground floor of the President’s Office. 12. They asked for a meeting with the President, the deputy head of the President’s Office Mr Surkov, and the President’s economic advisor Mr Illarionov. They waved placards with “Putin, resign!” («Путин, уйди!») written on them through the window and distributed leaflets with a printed address to the President that listed ten aspects in which he failed to respect the Russian Constitution, and a call for his resignation. 13. The intruders stayed in the office for one hour and a half until the police broke through the door. They did not offer any resistance to the authorities. 14. On 15 December 2004 the Khamovnicheskiy District Court of Moscow ordered the applicant’s placement in custody on the ground that she was suspected of a particularly serious criminal offence. The applicant did not appeal against the arrest warrant. 15. On 21 December 2004 an investigator for particularly important criminal cases of the prosecutor’s office of the Central Administrative District of Moscow charged the applicant with violent overthrow of State power (Article 278 of the Criminal Code) and intentional destruction and degradation of others’ property in public places (Articles 167 § 2 and 214). 16. Between 24 December 2004 and 4 February 2005 the applicant did not participate in any investigative actions. 17. On 4 February 2005 the Zamoskvoretskiy District Court of Moscow extended her detention on remand until 14 April 2005. The court’s entire reasoning read as follows:
“The court sees no reason to apply a more lenient preventive measure to [the applicant]. She is charged with a criminal offence under Article 278 of the Criminal Code which is classified as a particularly serious one and requires a thorough, comprehensive and objective investigation.
Notwithstanding the fact that [the applicant] has a permanent registered place of residence in Moscow, has no criminal record, is a student, has positive references and suffers from frail health, the court, taking into account the nature and factual basis of the imputed offences, gravity of the charges, her character and other circumstances described in the investigator’s decision, considers that there are sufficient indications to believe that, once released, [the applicant] would abscond or otherwise interfere with the proceedings.” 18. On 3 March 2005 the Moscow City Court upheld, on an appeal by the applicant, the remand decision of 4 February 2005, finding that it had been lawful, “sufficiently reasoned and justified”. 19. On 21 February 2005 the applicant’s charge was amended to that of participation in mass disorders, an offence under Article 212 § 2 of the Criminal Code. 20. On 11 April 2005 the Zamoskvoretskiy District Court granted the prosecution’s request for a further extension of the applicant’s detention until 14 August 2005, relying on the following reasons:
“At present there are no reasons to vary the preventive measure applied to [the applicant]... Although [the applicant] has a permanent registered place of residence in Moscow, having regard to the gravity of the charge against her, the fact that the charge is well-founded, the circumstances of the crime, there is no guarantee that the [applicant] would not default on the investigator’s and court’s summons if released from custody.” 21. On 7 June 2005 the investigation was completed and thirty-nine persons, including the applicant, were committed for trial before the Tverskoy District Court of Moscow. 22. On 20 June 2005 the trial court scheduled the preparatory hearing for 30 June 2005. It extended the detention on remand of all the defendants, noting that “the grounds on which the preventive measure [had been] previously imposed, still persist[ed]” and that “the case-file gave sufficient reasons to believe that, once released, the defendants would flee or interfere with the trial”. 23. On 30 June 2005 the court fixed the opening of the trial for 8 July 2005. It rejected the defendants’ requests for release, citing the gravity of charges against them and the risk of their absconding or obstructing justice. 24. On 10 August 2005 the Tverskoy District Court rejected the applications for release filed by many defendants, including the applicant, although she had produced a personal surety from Mr M. Rotmistrov, a member of the lower chamber of the Russian Parliament. The court held:
“The court takes into account the defence’s argument that individual approach to each defendant’s situation is essential when deciding on the preventive measure.
Examining the grounds on which... the court ordered and extended detention on remand in respect of all defendants without exception... the court notes that these grounds still persist today. Therefore, having regard to the state of health, family situation, age, profession and character of all defendants, and to the personal sureties offered by private individuals and appended to the case file, the court concludes that, if released, each of the applicants can abscond or obstruct justice in some other way...
In the court’s view, in these circumstances, having regard to the gravity of the charges, there are no grounds for varying or revoking the preventive measure in respect of any defendant...” 25. On 8 December 2005 the Tverskoy District Court found the applicant and her co-defendants guilty as charged and gave her a suspended sentence of three years’ imprisonment. It appears that the applicant did not lodge an appeal against the conviction. | [
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4. The applicant was born in 1943 and lives in the town of Tambov. 5. In the 1980s he took part in a rescue operation on the site of the Chernobyl nuclear disaster. As of an unspecified date the applicant has been in receipt of social benefits in this connection. 6. On an unspecified date the applicant sued the Tambov Pension Authority (Управление социальной защиты населения мэрии города Тамбова, “the authority”) seeking to recover the amount of allegedly unpaid social benefits. 7. By judgment of 19 March 2001 the Oktyabrskiy District Court of Tambov (“the District Court”) examined and granted the applicant’s action and ordered the authority to pay him the arrears of RUR 20,603.67. 8. The judgment was upheld on appeal by the Tambov Regional Court (“the Regional Court”) on 16 May 2001. It came into force on the same date. Immediately thereafter the applicant obtained an execution writ and instituted enforcement proceedings. 9. The amount due to the applicant pursuant to the judgment of 19 March 2001 and decision of 16 May 2001 was paid to him by two money transfers dated 7 March 2003 (20,603.67 RUR) and 19 February 2004 (5,130.31 RUR) respectively. 10. On 28 May 2002 the District Court examined and granted the applicant’s claim for penalty in connection with alleged non-enforcement of the judgment of 19 March 2001. The court ordered the authority to pay the applicant RUR 38,940.93. 11. The judgment of 28 May 2002 was not appealed against by the parties and came into force on 13 June 2002. 12. Immediately thereafter the applicant obtained an execution writ and instituted enforcement proceedings. 13. By letter of 18 February 2003 the bailiffs returned the writ and supporting documents to the applicant and invited him to apply to a local branch of the Federal Treasury. 14. It appears that the applicant followed these instructions and submitted the writ and supporting documents to the Federal Treasury. On 4 March 2003 the Federal Treasury refused to pay the money due by reference to the fact that the respondent authority had not been registered. 15. On an unspecified date the respondent authority brought an application seeking supervisory review of the judgment of 28 May 2002. A judge of the Regional Court on 17 June 2003 examined the application and decided to forward it for examination on the merits to the Presidium of the Regional Court. 16. It appears that by letter of 17 June 2003 the Regional Court notified the applicant and other parties in the case of the supervisory review hearing of 26 June 2003. 17. On 26 June 2003 the Regional Court quashed the judgment of 28 May 2002 by way of supervisory review and remitted the case for a fresh examination at the first instance. It appears that the applicant was absent from the hearing. 18. According to the Government, on 16 July 2003 the first instance court discontinued the proceedings in the case for the applicant’s failure to appear. 19. It appears that on 16 June and 10 October 2003 the District Court examined and fully granted the applicant’s two fresh claims for unpaid social benefits. It ordered the authority to pay RUR 18,721.85 and RUR 5,130.31 respectively. Both decisions were enforced with a six months delay, in December 2003 and February 2004 respectively. | [
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8. The applicant was born in 1961 and lives in Istanbul. 9. On 26 August 1998 at about 6 p.m. the applicant was arrested in Istanbul by policemen from the Anti-Terrorism Branch of the Pendik Security Directorate on suspicion of aiding and abetting the PKK. Subsequently, the police officers carried out a search of the applicant’s office and of his flat with his permission. The same day at about 10 p.m. the applicant was examined by a doctor, who reported that there were no signs of injury on his body. The applicant was then taken to the Pendik Police Station to be interrogated. 10. On 27 August 1998 the public prosecutor verbally ordered the applicant’s release as there was no evidence against him. Consequently, at about 10.30 a.m. the applicant was handed over to the police officers from the Anti-Terrorism Branch of the Pendik Security Directorate to be released. He was initially taken to the Pendik Hospital where he was examined by a doctor, who stated that there were no signs of ill-treatment on his body. The applicant was then taken to the Pendik Security Directorate building. While he was waiting in a room with window guards, the police officers started preparing the report for his release. The applicant alleged that while he was waiting, the police officers made him drink drugged tea as a result of which he lost consciousness. According to the applicant, when he regained his consciousness, he was in the hospital. He had fallen out the window of the office which was on the fifth floor of the Security Directorate Building. The Government maintained that when the applicant was taken to an office to sign the release report, he had run and jumped out the window. According to the Government, this office, which was solely used by police officers, had no window guards. After the incident, the applicant was immediately taken to the hospital. The medical report of 28 August 1998 indicates that the applicant had several fractures. He had to stay in the hospital for three months before he recovered from his injuries. 11. The same day, the police officers prepared an incident report, drew a sketch map and took statements from eye-witnesses to the event. Police officers Mustafa Sezer, Burhanettin Tekler, Mustafa Yüksel, and İsmail Kaya Horta confirmed that the applicant had jumped out the window of the office which was on the fifth floor of the Security Directorate building. The police further took statements from Mr Ibrahim Nih and Mr Ali Aydın, two civilians, who happened to be in the same office at the time of the incident. They stated that as soon as the applicant entered the office, he had run towards the window and jumped out. 12. The applicant’s statement was taken on the same day at about 5 p.m. He confessed that he had run and jumped out the window at his own will. He stated that he had no complaints against anyone. 13. On 4 September 1998 the applicant’s representative filed a criminal complaint with the Pendik public prosecutor. In his petition, the applicant’s representative maintained that on 26 August 1998 the applicant had been subjected to ill-treatment by three police officers at the Pendik Security Directorate Building during his interrogation, before being taken to the Pendik police station to spend the night. The lawyer stated that one of the police officers was called Sezai Çetin. The applicant’s lawyer further maintained the applicant had been deliberately thrown out the window of the office situated on the fifth floor of the Security Directorate Building. 14. On 9 September 1998 the prosecutor took statements from Sezai Çetin and Ramazan Hokvan, the police officers who had arrested the applicant on 26 August 1998. They denied the ill-treatment allegations. 15. On 23 September 1998 the public prosecutor further took statements from police officers Mustafa Yüksel, Burhanettin Tekler and Mustafa Sezer, who had been on duty on the day of the applicant’s fall from the fifth floor. These officers stated that as soon as the applicant was taken to the office on the fifth floor to sign his release report, he had run towards the window and jumped out. They maintained that the applicant was very nervous and sweating. 16. On 28 September 1998 the public prosecutor took statements from the applicant and his wife. The applicant stated that he had been insulted and threatened while he was in custody at the police station. However he indicated that he had not been subjected to any physical ill-treatment. In particular, he stated that the police officer, Sezai Çetin, who was named by the applicant’s lawyer as one of the officers that had ill-treated the applicant, had in fact been very kind to him during his custody. The applicant explained that on the day of the incident, while he was waiting to be released, he drank a cup of tea and lost his consciousness. He subsequently woke up in the hospital. The applicant stated that he did not remember whether he had jumped or had been thrown out the window. 17. In her statement, the applicant’s wife explained that on 27 August 1998 at about 11 a.m. she had gone to the Pendik Police Station to visit the applicant. At first, the police officers refused to show the applicant to her. She overheard a police officer say to his superior that a liquid had been given to the applicant. She insisted, and the officers allowed her to see the applicant. According to the applicant’s wife, the applicant was lying on the floor, unconscious. 18. On 23 October 1998 the Pendik public prosecutor decided that no prosecution should be brought against the accused police officers on the ground that there was no sufficient evidence in support of the allegations. The public prosecutor concluded that the applicant had tried to commit suicide. 19. On 24 February 1999 the applicant’s representative challenged this decision before the Kadıköy Assize Court. In his petition, the lawyer stated that the applicant had been ill-treated during his custody at the police station. It was alleged that the applicant had been hosed with water, hung from his arms and subjected to electric shocks. The applicant’s representative further complained that the applicant had been deliberately thrown out the window. The applicant’s representative finally maintained that the applicant had lost his consciousness after drinking a cup of tea, which in his opinion had been drugged. 20. On 24 May 1999 the Kadıköy Assize Court, upholding the reasoning of the public prosecutor, dismissed the case. 21. On 12 July 2001 a forensic doctor attached to the Human Rights Foundation delivered a report about the applicant. Referring to the absence of a psychiatric report and a toxic examination, he concluded that the applicant had not been thoroughly examined at the hospital after his fall. He indicated that the applicant had been inscribed in a special recovery programme by the Istanbul Branch of the Foundation. | [
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4. The applicant was born in 1981 and lives in Stoke-on-Trent. 5. The applicant was arrested on 14 May 2002 on suspicion of having intimidated witnesses. In an identity parade held the same afternoon, he was positively identified by one of the two witnesses. The applicant states that this witness accepted in her original statement of evidence to the police that she was a heroin user and an inherently unreliable witness. The applicant was subsequently charged with five counts of doing acts tending and intended to pervert the course of public justice. 6. The applicant pleaded not guilty on 2 August 2002 and the trial was adjourned to the Stoke-on-Trent Crown Court on 7 October 2002. On that date no judge was available and the trial was moved to 3 February 2003. On the second day of the trial the witness who had identified the applicant did not attend and the trial had to be aborted. At the re-listed trial on 15 September 2003, Counsel for the Crown addressed the court in the following terms:
“When this matter was listed for trial in February, [L.] attended on the first day. She wasn't called to give evidence and didn't come back on the second day. Certainly, that caused some concern. I think it is fair to say, at different stages of the entire case, she has blown slightly hot and cold.
[L.] indicated to the police when they contacted her recently and, in fact, again yesterday, that she was reluctant to give evidence. She has attended court today and with my learned friend's permission, I have had the chance to sit down and have a chat to her.
Your Honour, the reality is that she does not want to give evidence. She has personal reasons I don't propose to divulge in open court. She has formed a new relationship. She has moved on. She is trying very hard to put the events of this entire case behind her. She has satisfied the police who spoke to her yesterday and satisfied those who instruct me that no threats have been made toward her in relation to today's proceedings. She insists that there has been no contact from [the applicant] or others acting on his behalf. We don't feel that, due to the nature of this allegation, she ought to be compelled to give evidence in this case.
Your Honour, there has been a very full discussion and the view we have taken is that without her evidence, plainly, we can't proceed. I offer no evidence. Verdicts must follow.” 7. The applicant was duly acquitted. On his counsel's application for a defendant's costs order, the judge refused to make an order and stated:
“That order will be refused. There is clear evidence on the court papers. The Crown have taken the view that they are not going to compel this witness although there is compelling evidence in respect of those matters. It is a discretion which I am afraid I am not going to exercise in your favour.” 8. The applicant's attempted appeal was dismissed on 14 November 2003 as “to be appealable as a sentence, the order must be contingent upon conviction. As the defendant's costs order only arises when a prosecution is unsuccessful, it cannot be a sentence and cannot be appealed at the Court of Appeal Criminal Division”. | [
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6. The applicant was born in 1963 and lives in Helsinki. 7. On 16 February 1995 the applicant wrote an article which criticised the business transactions and financial affairs of the Student Association of the University of Helsinki (to be called “HYY” hereinafter). The article was published in a magazine called “Uusi Ylioppilaslehti” which is a publication mainly distributed to the students and professors of the University of Helsinki and others interested in questions concerning the Student Association and the University. On 7 August 1995 HYY and some others mentioned in the article requested the police to investigate whether the applicant had defamed them. 8. On 13 September 1995 the applicant was interrogated by the police for the first time for approximately one hour. On 13 February 1996 the police received another request for investigation which was related to a further alleged defamation in November-December 1995. In the context of this investigation, the applicant was heard on 2 May 1996 and the investigation was completed on the same day. 9. On 20 June 1996 a local prosecutor decided not to prosecute the applicant for either of the alleged offences. However, as a result of an extraordinary appeal (kantelu, klagan) of 22 July 1996 by the complainants the County Prosecutor of Uusimaa ordered, on 17 January 1997, that the applicant be charged with an offence. On 27 January 1997 another local prosecutor brought defamation charges against the applicant before the District Court (käräjäoikeus, tingsrätt) of Espoo. Charges were brought and a summons was served on the applicant on 31 January 1997. 10. There were eight hearings before the District Court on 17 April 1997, 15 and 17 September 1997, 25 November 1997, 3 December 1997, 21 January 1998 and 26 February 1998, respectively. Both parties requested an adjournment on four occasions. On 7 April 1998 the District Court issued its judgment, finding the applicant guilty of defamation. Fines or other penalties were not imposed but the applicant was ordered to pay compensation for some non-pecuniary damage and part of the complainants’ legal expenses. 11. The applicant appealed to the Court of Appeal (hovioikeus, hovrätt) of Helsinki in May 1998. On 22 December 1998 he submitted to the appellate court two missing pages of one appendix and on 30 March 1999 his lawyer’s invoice on legal aid. 12. On 27 June 2000 the Court of Appeal overturned the District Court’s judgment and acquitted the applicant of all charges by two votes to one. It found that the applicant had a right to discuss the financial affairs of HYY publicly and to raise the issue among the students and other interested parties. Having a right to use his freedom of speech in this respect, the applicant had not committed an offence. 13. No appeals were made to the Supreme Court (korkein oikeus, högsta domstolen) and the judgment gained legal force on 28 August 2000. | [
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4. The applicant was born in 1946 and lives in Roubaix. 5. On 21 March 2002 the applicant was arrested by the police on the public highway and taken in the course of the evening to Lommelet de Saint-André Psychiatric Hospital, where she was compulsorily admitted at the request of a third party.
The Government submitted that the applicant had been “picked up” on the public highway by a police officer who had asked for her to be admitted to hospital. They added that her admission had been ordered on the basis of two medical certificates issued by different doctors to the effect that she required hospital treatment.
The applicant disputed that account and stated that she had been arrested while cycling to the shops and taken to the police station, where she had promptly been examined by a doctor who had been requisitioned to draw up a medical certificate for her admission to hospital. 6. She submitted that after her admission at the hospital she had immediately been undressed and made to lie down with all four limbs attached to the bedposts in a seclusion cell, without being given any explanation. She had not undergone a medical examination on arrival but had been injected with unknown substances. She had remained in that position for five days, and was released only briefly at mealtimes. 7. She remained in the hospital until 8 April 2002, without being allowed to receive visits or to make or receive telephone calls. 8. In the meantime, on 23 March 2002, the applicant's mother applied by registered letter to the President of the Lille tribunal de grande instance for her daughter's immediate discharge. The parties have been unable to establish the date on which the letter was received. However, in a letter of 8 April 2002, Lille State Counsel replied that he was not empowered to deal with the subject matter of her correspondence and that her daughter was required to apply directly to him to be discharged.
On 28 March 2002 Afcap in turn applied to the President of the Lille tribunal de grande instance for the applicant's immediate discharge. 9. On 22 April 2002 State Counsel's Office decided to take no further action on that application as it was devoid of purpose. 10. Neither the President of the Lille tribunal de grande instance nor the judge responsible for matters relating to personal liberties and detention (juge des libertés et de la détention – “the liberties and detention judge”) ever gave a ruling on the applications. | [
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4. The applicant was born in 1982 and lives in Siecie, Poland. 5. On 15 April 2000 the applicant was arrested. On the following day the Słupsk District Court remanded him in custody until 15 May 2000 on suspicion of homicide and attempted burglary. It relied on the evidence given by the applicant’s co-suspect. In addition, the court held that his detention was justified in order to secure the proper conduct of the proceedings and referred to the severity of the anticipated penalty. Furthermore, having regard to the fact that the applicant had not confessed, the court considered that there was a reasonable risk that he would attempt to induce witnesses to give false testimonies or otherwise interfere with the proceedings. 6. On 11 May 2000 the District Court prolonged the applicant’s detention until 15 July 2000. It referred to the reasonable suspicion of his having committed the offences in question and the severity of the anticipated penalty. The court further held that there was a reasonable risk that the applicant would unlawfully obstruct the proceedings, having regard to the fact that his co-suspect had not been detained at the time. Additionally, it relied on the need to obtain further expert evidence. Lastly, the court considered that other preventive measures would not secure the proper conduct of the proceedings. 7. On 11 July 2000 the Słupsk Regional Court dismissed the prosecutor’s request for prolongation of the applicant’s detention and ordered his release. It found that there had been no other evidence of the applicant’s alleged involvement in the offences in question than the statements of his co-suspect. In addition, the statements of that co-suspect had not been consistent as at the earlier stage of the investigation he had excluded a possibility of the applicant’s involvement in the offences. The applicant was released on 11 July 2000. 8. On 11 July 2000 the Regional Court ordered the applicant to undergo a six-week psychiatric examination in order to determine whether he could be held criminally responsible. 9. On 17 July 2000 the prosecutor appealed against the decision refusing his request for prolongation of the applicant’s detention. On 26 July 2000 the Gdańsk Court of Appeal quashed the contested decision for failure to assess all the evidence in favour and against holding the applicant in custody and remitted the case. 10. Between 10 August and 4 September 2000 the applicant underwent examination in a psychiatric hospital. 11. On 17 August 2000 the Słupsk Regional Court again refused the prosecutor’s request for prolongation of the applicant’s detention. The prosecutor’s request was based on the evidence given by the applicant’s co-suspect. The Regional Court, however, found it to be unreliable. The prosecutor appealed against the decision of 17 August 2000. On 30 August 2000 the Gdańsk Court of Appeal quashed the impugned decision on procedural grounds and remitted the case. 12. On 18 September 2000 the Słupsk Regional Court ordered the applicant’s detention for a period of 2 months. It held that the period of the applicant’s examination in a psychiatric hospital should count towards his detention on remand. The Regional Court relied on the statements of the applicant’s co-suspect, which it had found to be consistent. Further, it had regard to a report by the smell recognition expert (opinia osmologiczna) of 10 September 2000 and medical evidence concerning the victim of the homicide. It also relied on the severity of the anticipated penalty. The applicant was re-detained on 22 September 2000. 13. On 19 October 2000 the bill of indictment against the applicant and three of his co-accused was submitted to the Słupsk Regional Court. 14. On 20 October 2000 the Regional Court extended the applicant’s detention until 28 January 2001. In addition to the grounds invoked in its previous decision, the court considered that the applicant’s continued detention was necessary in order to secure the proper conduct of the proceedings, given the serious nature of the offences with which the applicant had been charged. 15. The trial court held hearings on 22, 23 and 24 November and 8 December 2000. 16. On 15 December 2000 the Słupsk Regional Court convicted the applicant of aggravated homicide and attempted burglary and sentenced him to 15 years’ imprisonment. The applicant appealed against that judgment. 17. On 22 March 2001 the Gdańsk Court of Appeal quashed the judgment of the Regional Court and remitted the case for retrial. It found that the trial court had exceeded its discretion as to the assessment of relevant evidence, in particular in respect of that given by the applicant’s principal co-accused and the findings of the smell recognition expert. 18. On the same date the Court of Appeal ordered that the applicant be kept in custody until 30 June 2001. It noted, having regard to the statements of the applicant’s principal co-accused and the report by the smell recognition expert, that there was a strong likelihood that the applicant had committed the offences in question. Furthermore, it relied on the severity of the anticipated penalty. 19. The applicant’s detention was subsequently prolonged by the Regional Court on five occasions: on 28 June 2001 (until 30 October 2001), on 29 October 2001 (until 30 January 2002), on 15 January 2002 (until 30 April 2002), on 18 April 2002 (until 30 June 2002) and on 14 June 2002 (until 30 August 2002). In all those decisions, the Regional Court reiterated the grounds given in the Court of Appeal’s decision of 22 March 2001. In addition, it referred to the circumstances in which the offences in question had been committed and the need to obtain further expert evidence. 20. The Regional Court held hearings on 11, 12 and 13 December 2001 and 13 February, 18 March, 18 April and 10 May 2002. 21. On 10 July 2002 the Słupsk Regional Court convicted the applicant and his co-accused of aggravated homicide and attempted burglary and sentenced him to 15 years’ imprisonment. The applicant appealed against that judgment. On the same date the Regional Court prolonged the applicant’s detention until 30 October 2002. 22. On 30 January 2003 the Court of Appeal quashed the first-instance court judgment in respect of the applicant on the same grounds as previously and remitted the case. 23. Subsequently, the applicant’s detention was extended by the Regional Court on five occasions: on 28 April 2003 (until 30 July 2003), on 17 June 2003 (until 30 October 2003), on 10 October 2003 (until 30 December 2003), on 12 December 2003 (until 31 January 2004) and on 15 January 2004 (until 31 March 2004). The Regional Court reiterated the grounds previously given for his detention. In addition, the court held that the applicant’s continued detention was justified by the gravity of the offences with which he had been charged. In the court’s view, the applicant’s detention was the only measure which could secure the proper conduct of the proceedings. In the decision of 17 June 2003 the Regional Court noted that his continued detention was necessary in order to obtain another report of the smell recognition expert. 24. The applicant’s numerous appeals against the prolongation of his detention and requests to be released were to no avail. 25. The Regional Court held hearings on 17, 18, 20, 21 November, 10, 12 December 2003 and 15 January and 20 February 2004. In September and November 2003 respectively two reports of the smell recognition experts were submitted to the trial court. 26. On 27 February 2004 the Regional Court gave judgment and acquitted the applicant. He was released on the same day. On 8 July 2004 the Gdańsk Court of Appeal upheld the judgment of the Regional Court. The prosecution filed a notice of cassation appeal, but subsequently withdrew it. 27. In February 2005 the applicant filed an application for compensation in respect of his manifestly unjustified detention with the Słupsk Regional Court. These proceedings are pending. | [
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12. The applicant was born in 1926 and currently lives in Rome, Italy. 13. In 1953 the applicant, together with her husband, acquired a specially protected tenancy (stanarsko pravo) of a flat in Zadar. After her husband’s death in 1989 the applicant became the sole holder of the specially protected tenancy. 14. On 19 June 1991 the Specially Protected Tenancies (Sale to Occupier) Act came into force. It regulated the sale of publicly owned flats previously let under a specially protected tenancy. 15. On 26 July 1991 the applicant went to visit her daughter who lived in Rome. She intended to stay with her daughter for the summer. The applicant locked the flat in Zadar and left all her furniture and personal belongings in it. She asked a neighbour to pay the bills in her absence and to take care of the flat. 16. However, by the end of August 1991 armed conflict had escalated in Dalmatia, resulting in severe travel difficulties in that area, including the town of Zadar. From 15 September 1991, the town of Zadar was exposed to constant shelling and the supply of electricity and water was disrupted for over a hundred days. 17. The applicant submitted that in October 1991 the Croatian authorities had stopped paying her war widow’s pension and that the payments had resumed in April 1994. The Government submitted that the applicant’s pension had been paid by the Yugoslav Military Pension Fund in Belgrade rather than the Croatian Pension Fund and that it was the Belgrade authorities which had stopped paying the pension in December 1991. 18. According to the applicant, she also lost the right to medical insurance. The Government maintained that her medical insurance had never been stopped or interrupted. 19. Given these circumstances, the applicant decided to remain in Rome. 20. In November 1991 a certain M.F., with his wife and two children, broke into and occupied the applicant’s flat in Zadar. The applicant claimed that M.F. had been assisted by an official of the municipality who had provided him with a list of empty flats in Zadar, including hers. 21. On 12 February 1992 the Zadar Municipality (Općina Zadar) brought a civil action against the applicant before the Zadar Municipal Court (Općinski sud u Zadru) for termination of her specially protected tenancy on the ground that she had been absent from the flat for more than six months without justified reason, contrary to section 99 of the Housing Act. 22. In her submissions to the domestic court, the applicant explained that she had been forced to stay with her daughter in Rome from July 1991 until May 1992. She had not been able to return to Zadar since she had no means of subsistence and no medical insurance and was in poor health. Furthermore, during her stay in Rome she had learned from her neighbour that M.F. had broken into her flat with his family. When she had enquired about her flat and her possessions in it, M.F. had threatened her over the telephone. 23. On 9 October 1992 the Zadar Municipal Court terminated the applicant’s specially protected tenancy. The court found that the applicant had left Zadar on 26 July 1991 and had not returned until 15 May 1992. It stated that during the relevant period the citizens of Zadar had not been ordered to evacuate the town on account of the escalation of the armed conflict and that each citizen had had the choice to leave the town or to stay. On that basis the court found that the war in Croatia could not justify the applicant’s absence. 24. The court did not accept the applicant’s explanation that she had fallen ill during her stay in Rome and had been unable to travel. It was established that she had suffered from spinal arthrosis and diffuse osteoporosis for a long time. However, this had not affected her ability to travel. Even though her left shoulder had been dislocated on 25 March 1992, she had been able to travel following the immobilisation of the injured joint. Furthermore, by 25 March 1992 she had already been absent from the flat for more than six months. 25. The applicant’s further explanation that she had stopped receiving her pension in October 1991 and thus had been left without any means of subsistence was not accepted by the court as a justified reason for not returning to Zadar. It took the view that the applicant’s daughter could have sent her money. Therefore, the court concluded that the applicant’s reasons for not having lived in the flat were not justified. 26. Following an appeal by the applicant, the judgment was quashed by the Zadar County Court (Županijski sud u Zadru) on 10 March 1993.
The County Court found that the court of first instance had not given due consideration to the applicant’s personal circumstances, namely her age and poor health and the fact that she had lost her pension and lived alone in Zadar. Furthermore, the applicant’s decision to prolong her stay in Rome should have been carefully assessed against the background of the circumstances at the material time, namely that Zadar had been exposed to daily shelling and had not had a regular supply of water or electricity, and that third parties had occupied the applicant’s flat.
The case was remitted to the first-instance court. 27. In the resumed proceedings, on 18 January 1994 the Zadar Municipal Court again ruled in favour of the municipality and terminated the applicant’s specially protected tenancy. It observed that she had been absent from the flat for over six months without justified reason and repeated in substance the findings of the judgment of 9 October 1992. 28. The applicant appealed. On 19 October 1994 the County Court reversed the first-instance judgment and dismissed the municipality’s claim. It found that the escalation of the war and the applicant’s personal circumstances justified her absence from the flat. 29. On 10 April 1995 the Zadar Municipality lodged an appeal on points of law (revizija) with the Supreme Court (Vrhovni sud Republike Hrvatske). 30. On 15 February 1996 the Supreme Court allowed the appeal, reversed the County Court’s judgment and upheld the judgment of the Municipal Court. It found that the reasons submitted by the applicant for her absence from the flat were not justified. The relevant part of the Supreme Court’s judgment read as follows:
“During the aggression against Croatia, living conditions were the same for all citizens of Zadar and, as rightly submitted by the plaintiff, it is neither possible nor legitimate to separate the defendant’s case from the context of that aggression. To hold the contrary would mean assessing her case in isolation from all of the circumstances which characterised that time and determined the conduct of each individual.
Contrary to the appellate court, this Court, assessing in that context the defendant’s decision not to return to Zadar during the aggression but to stay in Italy, considers the non-use of the flat unjustified. The factual findings made in the case reveal that, in view of her state of health and the available travel connections, the defendant was able to come to Zadar; her health would not have deteriorated because of her stay in Zadar; and she could have taken care of herself. The assumption that she would have had to make a considerable mental and physical effort in order to provide for her basic living needs (all the citizens of Zadar who remained in the town, from the youngest to the oldest, were exposed to the same living conditions) does not justify her failure to return to Zadar and, accordingly, does not constitute a justified reason for the non-use of the flat.” 31. On 8 November 1996 the applicant lodged a constitutional complaint with the Constitutional Court (Ustavni sud Republike Hrvatske). She claimed that her rights to respect for her home and property had been violated and that she had been deprived of her right to a fair hearing. 32. On 5 November 1997 the Convention came into force in respect of Croatia. 33. On 8 November 1999 the Constitutional Court dismissed the applicant’s constitutional complaint. It found that the Supreme Court had correctly applied the relevant legal provisions to the facts established by the lower courts when holding that the applicant’s absence from the flat for more than six months had been unjustified. The Constitutional Court concluded that the applicant’s constitutional rights had not been violated. | [
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8. The applicant is a limited company specialising in petroleum products. Its predecessor was called Greek petroleum, oil and lubricants – Industrial and commercial limited company (EKO AVEE). 9. On 8 May 1987 the applicant company paid the tax authorities 137,020,491 drachmas (GDR) (approximately 402,338 euros (EUR)) as an advance payment on the income tax due for the tax year 1987. On 11 May 1987 the tax authorities granted the applicant company a 10% reduction on the amount paid, as a bonus for paying the full advance payment due without requesting to pay by instalments. Accordingly, the advance tax payment ultimately paid by the applicant company amounted to GDR 123,387,306 (approximately EUR 362,105). 10. On 10 May 1988 the applicant company filed its tax return with the tax authorities for the year 1987. The return showed that the company had sustained a substantial loss of profit, which meant that the authorities had to refund the applicant company the amount paid as an advance payment since it had been unduly paid. 11. On 24 June 1988 and 9 December 1991 the applicant company sought a refund of GDR 123,387,306 from the Athens tax authorities dealing with limited companies, which was the amount levied in income tax for the year 1987. On an unspecified date the State refused to comply with its request. 12. On 27 December 1991 the applicant company brought proceedings against the State in the Athens Administrative Court. It requested a refund, under section 38(2) of Law no. 1473/1984, of the sum of GDR 123,387,306 that had been unduly paid in income tax. It also claimed default interest on that amount accruing from 10 May 1988, when the State had been informed that the tax had been unduly paid, up until payment. The applicant company based its claims on Article 345 of the Civil Code, which provides for the payment of default interest in the event of a pecuniary debt. 13. Law no. 2120/1993 was published on 4 March 1993. Section 3 of that Law provides that the State will pay interest in the event of a refund of tax unduly paid. With regard to cases pending at the time of publication of the Law, it provides that interest shall start to accrue on the first day of the month following a period of six months after its publication. 14. On 12 November 1993, prior to the hearing in the case listed for 23 September 1994, the State refunded the applicant company GDR 123,387,306, which corresponded to the tax it had paid. In its submissions before the Administrative Court, the applicant company limited its claims to statutory interest for the delay in paying the refund. 15. On 26 January 1995 the Administrative Court declared the applicant company’s application inadmissible (decision no. 512/1995). On 3 November 1995 the applicant company appealed. 16. On 6 June 1996 the Athens Administrative Court of Appeal declared the applicant company’s appeal admissible, but held that it was ill-founded on the ground that at the material time the Code for the Collection of Public Revenues did not provide that the State was liable to pay interest in the event of a delay in refunding tax unduly paid. Moreover, the court held that Article 345 of the Civil Code did not apply to the present case, since the provision governed only civil-law relations (decision no. 4042/1996). 17. On 27 June 1997 the applicant company lodged an appeal on points of law. 18. On 8 November 2000, by judgment no. 3547/2000, the Supreme Administrative Court dismissed the appeal. It found that the State was not bound to pay late-payment interest in the event of tax unduly paid. Such an obligation did not derive from the relevant provisions of the Civil Code relating to late-payment interest because these did not apply to a debt arising from a public-law relationship. Furthermore, the Supreme Administrative Court pointed out that no such obligation had been incumbent on the State prior to Law no. 2120/1993, published on 4 March 1993 (see paragraphs 21 and 22 below). That judgment was finalised and certified by the court on 26 October 2001. | [
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5. The applicant was born in 1963 and lives in Velenje. 6. On 6 May 1993 the applicant was injured in an accident at work. The applicant’s employer had taken out insurance with the insurance company ZT.
On 5 April 1994 the applicant instituted civil proceedings against ZT in the Celje Basic Court, Celje Unit (Temeljno sodišče v Celju, Enota v Celju) seeking damages in the amount of 1,600,000 SIT (approximately 6,670 euros) for the injuries sustained.
Between 24 November 1994 and 19 January 1996 the applicant lodged three preliminary written submissions.
Of the five hearings held between 1 December 1994 and 12 April 1996 none was adjourned at the request of the applicant.
At the last hearing the court decided to deliver a written judgment. The judgment, rejecting the applicant’s claim in part, was served on the applicant on 8 July 1996. 7. On 12 July 1996 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju).
On 23 January 1997 the court allowed the appeal, quashed the first-instance court judgment and remitted the case to the first-instance court for re-examination. The decision was served on the applicant on 4 March 1997. 8. Between 3 December 1998 and 8 January 1999 the applicant filed three preliminary written submissions in the proceedings in the re-examination proceedings before a new first-instance court judge.
Of the four hearings held between 13 January 1999 and 2 June 1999 none was adjourned at the request of the applicant.
At the last hearing the court decided to deliver a written interim judgment. The judgment, holding the applicant’s adversary absolutely liable for damages sustained by the accident, was served on the applicant on 15 July 1999. The court did not rule on the amount of damages and the costs of the case. 9. On 13 August 1999 ZT appealed to the Celje Higher Court (Višje sodišče v Celju).
The appeal was dismissed on 17 February 2000. 10. On 28 April 2000 ZT lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče).
On 24 January 2001 the court rejected the appeal.
The judgment was served on the applicant on 26 February 2001. 11. Between 17 April 2000 and 8 September 2000, in the continued proceedings before the first instance court, the applicant made three requests that a date be set for a hearing.
On 5 May 2000 and 27 February 2001 he filed preliminary written submissions.
A hearing scheduled for 28 March 2001 was cancelled at the applicant’s request in anticipation of out of court settlement.
At the hearing held on 4 July 2001 the applicant withdrew his claim since the case was settled out of court on that same day. | [
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5. The applicant, Vili Kveder, was a Slovenian national born in 1904, who lived in Vojnik. He died on 20 July 2000. His son and heir, Mr Viljem (Vili) Kveder, wished to pursue his father’s application before the Court. 6. On 15 January 1963 the applicant entered into a contract for the sale of 37,331 m2 of his land to the State Company. He alleged that he had been forced by the State to conclude such a contract.
On 18 January 1965 the Celje administrative authorities nationalized the land in question. 7. On 29 August 1990 the applicant lodged an application with the administrative authorities of Celje. 8. On 24 January 1992 he lodged a formal request for the restitution of his property under the 1991 Denationalisation Act. 9. According to the applicant, he was instructed by the administrative authorities to institute proceedings also before the Celje Basic Court (Temeljno sodišče) (see below). 10. On 13 July 1992 the administrative authorities held a meeting with the applicant. 11. On 23 March 1993 the administrative authorities informed HKŽ, the entity holding the land in question, that the restitution claim had been lodged. On 9 April 1993 the latter responded to the claim. 12. On 24 February 1995 the State Attorney’s Office requested a copy of the purchase agreement and other documents from the administrative authorities. On 5 July 1995 the latter prepared a response. On 10 January 1996 HKŽ submitted the requested documents. 13. On 18 September 1997 a hearing was held. The applicant was represented by his son Vili. 14. On 26 September 1997 the (renamed) Celje Administrative Unit (Upravna enota) terminated the proceedings, considering that the courts enjoyed jurisdiction in the present case. 15. On 24 October 1997 the file was transferred to the Celje District Court. 16. On 20 January 2000 the Celje District Court requested the Celje Administrative Unit to submit its file for review. The latter responded on 10 February 2000. 17. On 15 March 2001 the Celje District Court instituted a dispute on jurisdiction. 18. On 5 April 2001 the Constitutional Court ruled that the administrative authorities enjoyed jurisdiction. 19. On 11 May 2001 the Celje Administrative Unit received the file from the Celje District Court. 20. On 24 October 2001 the applicant’s son, Mr Vili Kveder, informed the authorities of his father’s death and that he continued the proceedings as his legal heir. 21. On 26 February 2002 a notice of the lodging of the denationalisation claim was submitted to the liable entity. 22. On 5 March 2002 the applicant filed submissions. 23. On 11 March 2002 the parties were summoned for a hearing and on 26 March 2002 a hearing was held. 24. On 27 March 2002 a financial expert was designated. 25. On 8 and 11 April 2002 a certificate of the cadastral state was submitted. 26. On 16 April 2002 the applicant filed new documents. 27. On 22 April 2002 the expert was summoned. 28. On 3 July 2002 the expert established her schedule of costs. 29. On 4 July 2002 the administrative authorities ordered the applicant to make payment of a provision to the valuation expert. On 31 July 2002 the applicant appealed against the decision. 30. On 14 August 2002 the file was transferred to the appellate authority. 31. On 7 February 2003 the Ministry quashed the decision and returned the case for re-examination to the Celje Administrative Unit. 32. On 11 March 2003 the expert drew up an opinion. 33. On 13 March 2003 a hearing was held. 34. On 1 April 2003 the Celje Administrative Unit transferred a part of the applicant’s claim to the Slovenian Compensation Society (Slovenska odškodninska družba). On the same day, it rendered an estimation of the value of the indemnity paid to the applicant and his wife after expropriation. 35. On 7 April 2003 the Celje Administrative Unit issued a report. 36. On 16 April 2003 a hearing was held. 37. On 18 April 2003 the Celje Administrative Unit issued a report. 38. On 23 April 2003 the Agricultural Land and Forestry Fund rendered an opinion. On 28 April 2003 the latter was transmitted to the applicant for comment. On 9 June 2003 further documents were transmitted to the applicant for comment. 39. On 23 June 2003 the Celje Administrative Unit issued a report. 40. On 28 June 2003 the applicant replied. 41. On 16 July 2003 the Celje Administratrive Unit issued a decision partly awarding the applicant the co-ownerhsip of the expropriated land. The applicant filed an appeal, claiming the immediate restitution of the land in natura. 42. On 22 October 2003 the Ministry for Agriculture, Forestry and Food partly modified the first-instance decision and rejected the remainder of the applicant’s appeal. 43. On 1 June 1993 the applicant instituted restitution proceedings also in the Celje Basic Court. 44. On 13 December 1993 he extended his claim. 45. On 12 August 1994 the applicant requested an accelerated treatment of his case. 46. On 6 September 1994 the State-Attorney Office was invited to produce fresh evidence, which it did on 13 September 1994. 47. On 20 September 1994 the applicant filed new submissions. 48. On 29 September 1994 the court held a hearing. 49. On 18 September 1995 the State-Attorney Office filed submissions. 50. On 27 October 1995 the applicant filed submissions. 51. On 21 April and 23 June 1997 hearings were held. 52. On 17 March 1999 the Celje District Court (Okrajno sodišče - its new style further to the reform of 1995) held that the administrative authorities in charge of denationalisation proceedings in the applicant’s case enjoyed jurisdiction and dismissed his claims. 53. The parties appealed and on 12 May 1999 the file was transferred to the appellate court. 54. On 23 June 1999 the Celje Higher Court quashed the challenged decision and sent the case back before the Celje District Court. 55. On 17 January 2000 the Celje District Court requested the Celje administrative authorities to submit its file for review. The latter responded on 11 February 2000. 56. On 15 March 2001 the Celje District Court asked the Constitutional Court to rule as to whether jurisdiction lay with the judicial or administrative authorities. 57. On 5 April 2001 the Constitutional Court held that it was the administrative authorities that enjoyed jurisdiction. The decision was served on the applicant on 18 April 2001. 58. On 5 April 2001 the file was transferred to the Celje Administrative Unit. | [
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5. The applicant was born in 1955 and lives in Šoštanj. 6. On 15 June 1992 the applicant was injured in an accident at work. The applicant’s employer had taken out insurance with the insurance company ZT.
On 22 December 1993 the applicant instituted civil proceedings with the Celje Basic Court, Celje Unit (Temeljno sodišče v Celju, Enota v Celju) against ZT seeking damages in the amount of 5,399,253 tolars (approximately 22,500 euros) for the injuries sustained.
On 1 April 1994 the court held a hearing and decided to issue a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 16 May 1994. 7. On 26 May 1994 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). ZT cross-appealed.
On 19 October 1994 the court dismissed both appeals.
The decision was served on the applicant on 15 November 1994. 8. On 28 November 1994 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). ZT cross-appealed.
On 29 November 1996 the court dismissed the applicant’s appeal, but allowed the ZT’s appeal and reduced the awarded damages.
The decision was served on the applicant on 6 January 1997. 9. On 5 March 1997 the applicant lodged a constitutional appeal.
On 26 January 2000 the Constitutional Court (Ustavno sodišče) declared the case admissible and on 7 December 2000, ruling on the merits, dismissed the appeal.
The decision was served on the applicant on 28 December 2000. 10. On 18 November 1993 the applicant was injured in an accident at work. The applicant’s employer had taken out insurance with the insurance company ZT.
On 27 December 1996 the applicant instituted civil proceedings against ZT in the Celje Local Court (Okrajno sodišče v Celju) seeking damages in the amount of 1,560,000 tolars (approximately 6,500 euros) for the injuries sustained. 11. On 1 June 1997 ZT instituted proceedings in the Celje Local Court (Okrajno sodišče v Celju) against the applicant seeking 500,000 tolars for access payment of damages in the first set of proceedings. 12. On 4 September 1997 the court decided to join the two cases.
On 15 March 1999 the applicant requested that a date be set for a hearing.
On 15 June 1999 the court held a hearing and decided that it would issue a written judgment.
The judgment, upholding the applicant’s claim in part and ZT’s claim in whole, was served on the applicant on 24 June 1999. 13. On 28 June 1999 the applicant appealed to the Celje Higher Court.
On 10 May 2000 the court dismissed the appeal.
The decision was served on the applicant on 5 June 2000. 14. On 4 July 2000 the applicant lodged an appeal on points of law with the Supreme Court.
On 5 April 2001 the court dismissed the appeal.
The decision was served on the applicant on 14 May 2001. 15. On 8 June 2001 the applicant lodged a constitutional appeal.
On 18 November 2002 the Constitutional Court declared the case admissible. | [
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4. The applicants were born in 1961 and 1983 respectively and live in Zagreb. 5. On 4 January 1992 I.P., the first applicant’s husband and the second applicant’s father, died in a traffic accident. 6. On 10 February 1992 the applicants brought a civil action against the insurance company C.O. with the Zagreb Municipal Court (Općinski sud u Zagrebu) seeking damages. 7. The Municipal Court held hearings on 6 April and 2 December 1992, 3 May, 20 June and 19 September 1994 and 10 November 1997. 8. On 17 September 1998 and 10 February 1999 the applicants filed two rush notes requesting the court to schedule a hearing and deliver a decision. 9. The hearings scheduled for 9 February 1999 and 19 January 2000 were adjourned due to the illness of the judge. The hearings scheduled for 10 May 2000 and 19 September 2000 were adjourned for absence of the summoned witnesses. At the hearing held on 9 February 2001 the court heard those witnesses. 10. On 23 March 2001 the Municipal Court closed the main hearing and gave judgment dismissing the applicants’ claim. The judgment was served on the applicants on 12 April 2001. 11. On 25 April 2001 the applicants appealed to the Zagreb County Court (Županijski sud u Zagrebu). 12. On 18 February 2003 the County Court quashed the first-instance judgment and remitted the case. The decision was served on the applicants on 30 April 2003. 13. In the resumed proceedings, the Zagreb Municipal Court held hearings on 10 October 2003, 7 April 2004 and 20 May 2005.
The Government submitted that the court also had held a hearing on 10 December 2003. According to the applicants that hearing never took place. 14. It appears that the proceedings are still pending before the Municipal Court. 15. Meanwhile, in 2002 the applicants lodged a constitutional complaint with the Constitutional Court (Ustavni sud Republike Hrvatske) complaining about the length of the proceedings. 16. On 11 April 2003 the Constitutional Court declared the applicants’ complaint inadmissible, since the Municipal Court had given its judgment in the case while the complaint had been pending before the Constitutional Court. | [
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5. The applicant was born in 1951 and lives in Velenje. 6. On 7 August 1994 the applicant was injured in a traffic accident. The perpetrator of the accident had taken out insurance with the insurance company ZT. 7. On 16 November 1995 the applicant instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 2,610,359 Slovenian tolars (approximately 10,880 euros) for the injuries sustained. 8. Between 21 October 1996 and 22 May 1998 the applicant lodged four preliminary written submissions and/or adduced evidence. She also modified her claim on three occasions. 9. On 26 April 1996 she made a request that a date be set for a hearing. 10. Before the first hearing, the judge was promoted and the case was reassigned to another judge. 11. Of the two hearings held on 17 April 1997 and 26 May 1998 none was adjourned at the request of the applicant. 12. During the proceedings the court appointed a medical expert. 13. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 2 September 1998. 14. On 15 September 1998 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). ZT cross-appealed. 15. On 16 June 1999 the court dismissed both appeals concerning non-pecuniary damage, but allowed ZT’s appeal concerning pecuniary damage and remitted the case in this part to the first-instance court for re-examination. 16. The judgment was served on the applicant on 8 September 1999. 17. On 28 September 1999 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). ZT cross-appealed. 18. On 6 July 2000 the court dismissed both appeals.
The judgment was served on the applicant on 19 September 2000. 19. In the meantime, in the re-examination proceedings, the applicant on 9 September 1999 and then on 13 November 2000 lodged preliminary written submissions. She also partly withdrew her claim. 20. At the hearing held on 28 November 2000, the Celje District Court decided to deliver a written judgment. The judgment, upholding the applicant’s claim, was served on the applicant on 20 December 2000. | [
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8. The applicant was born in 1979 and lives in Bataysk, Rostov Region. 9. On 11 February 1999 the police started an investigation into a murder case in which they identified L. as a suspect. It was believed that L. was the applicant's boyfriend. 10. On the same day the police decided they would search for L. at the applicant's home. 11. On 12 February 1999, about midnight, the police arrived at the applicant's flat, apparently to conduct a search, but since they failed to produce a warrant she would not let them in. 12. On the following day, 13 February 1999, at about 4.30 p.m., three policemen in plain clothes were waiting for the applicant at her door. One of them produced the identity card of a police major S. and demanded to enter the applicant's flat. As they still had no warrant, the applicant again refused to let them in. The policemen insisted and the applicant fell into a heated discussion with them during which both sides exchanged threats and insults. Ultimately, the major ordered the applicant's arrest. His subordinates, P. and B., seized the applicant, turned her upside down and, while continuing to intimidate her, threw her into a car with no police markings on it. In the struggle the applicant was pushed against the door and hurt her leg and her head; she also banged her head against the car when she was being pushed into it. On the way, the major S. threatened the applicant, saying that he would beat her family and loot her flat while searching it. 13. The applicant was taken to the Zheleznodorozhnyy district police station in Rostov-on-Don. She was not informed why she had been taken to the police station. According to the Government's subsequent accounts, it was to fill in the official report on her forceful resistance to the police. However, in the police report it was stated that she was brought in for questioning. 14. At the police station, the applicant was brought before the Deputy Head of the Criminal Investigation Department who questioned her about the whereabouts of “her husband”. The applicant told him that she had never been married, and after that he started strangling her with his hands and several other policemen started beating her. For about two hours they administered kicks and blows to her legs, threw her across the room, beat her with a baton and hit her head against the walls. While beating her they accused her of telling lies, insulted her and threatened her with rape and violence against her family. 15. The applicant requested that her relatives be informed about her detention; she also requested medical assistance and permission to contact a lawyer, but all her requests were refused. 16. At the end of the applicant's interrogation, the deputy prosecutor of the district of Zheleznodorozhnyy, D., happened to visit the police station and enter the room where the applicant had been beaten. The applicant seized this opportunity to complain about her arrest and the beating. He listened to her and suggested that she write him a complaint about her unlawful arrest, but he discouraged her from complaining about ill-treatment. The applicant claimed that she wrote her complaint on the spot and handed it to D. 17. After that, at about 7 p.m., the applicant was taken home because the police wanted to conduct a search of her flat. The applicant's neighbour Z., who was summoned as a witness, was told that they were looking for L., and she confirmed that L. did not live there. The police insisted on searching the flat, however it transpired that they still did not have a search warrant and the applicant again refused to let them in. After a short struggle the applicant was again seized and carried to the car upside down with her head banging on the walls and the staircase. She was taken back to the Zheleznodorozhnyy district police station where she was again beaten up, intimidated and accused of hiding L. She was then placed in a detention cell. 18. The applicant was kept in the detention cell until 2.30 p.m. on 14 February 1999. Although this fact has never been in dispute, no record concerning this period of the applicant's detention could be found. 19. On 14 February 1999 at about 2 p.m. the applicant was subjected to a personal search and the keys to her flat were seized. Later on the same day the prosecutor of the district of Zheleznodorozhnyy issued a warrant to search the applicant's flat and it was carried out. 20. On the same day the applicant was brought before an officer who, without introducing himself, said to her “five days”. Subsequently the applicant learned that it was Judge P. of the Zheleznodorozhnyy District Court of Rostov, and that “five days” meant a five-day sentence for the administrative offence of forceful resistance to the police. On the same day the applicant was taken to a special centre for administrative detention. 21. On 18 February 1999, when the applicant's release after the five-day detention was due, the police major S. who had arrested her checked her out of the detention centre, took her to the Zheleznodorozhnyy district police station and ordered her to wash the floor in the police station hallway. When she had finished doing so he released her. 22. On 19 February 1999 the applicant underwent a forensic examination by a medical expert who established that she had multiple bruises on the face and legs, abrasions on the face, jaw, neck and legs, and a traumatic oedema of the soft tissues of the head. 23. On 11 March 1999 the Human Rights Commissioner of the Rostov regional governor's office filed, on the applicant's behalf, a complaint with the Head of the Internal Affairs Department of the Rostov Region and another one with the prosecutor of the Rostov Region. They requested an investigation into the applicant's alleged ill-treatment by the police and her allegedly unlawful detention; they also enclosed the applicant's detailed account of the events and the forensic report of 19 February 1999. 24. On 15 March 1999 the applicant lodged a claim for damages with the Bataysk City Court of the Rostov Region, alleging ill-treatment by the police and challenging her arrest and the search of her flat. 25. On 30 March 1999 the Deputy Head of the Internal Affairs Department of the Rostov Region informed the applicant that an internal inquiry had been conducted in view of her complaint and that her allegations had been found to be unsubstantiated. The conclusions of the internal inquiry were forwarded to the prosecutor's office. However, she was also informed that some unspecified police officers had been charged with disciplinary offences. The Human Rights Commissioner received a similar reply. 26. On 12 April 1999 the applicant received a letter from the deputy prosecutor of the district of Zheleznodorozhnyy, D., whom she had met at the police station (see paragraph 16 above). He informed the applicant that her complaint against the police had been forwarded to him by the Rostov City prosecutor's office and that he had decided that no criminal investigation in respect of the accused police officers was to be opened. 27. On 7 May 1999 the prosecutor of the district of Zheleznodorozhnyy, Kh., informed the Bataysk City Court, apparently following their official inquiry, that no documents concerning the applicant's arrest and detention could be found. 28. On 9 June 1999 the deputy prosecutor of the Rostov City prosecutor's office confirmed that decision. 29. On 22 December 1999 the Bataysk City Court examined the applicant's claim and held that the search of the applicant's flat, the initial arrest and the five-day detention had been lawful. The court found that the police had acted lawfully, as authorised by the prosecutor, and that it was necessary for the investigation into the murder case. As to the allegations of ill-treatment, the court referred to the prosecutor's refusal to open a criminal investigation in respect of the police officers and to the conclusion of the internal police inquiry that no ill-treatment had been established. It dismissed the forensic report as irrelevant and held that the allegations of ill-treatment were unsubstantiated. 30. On 23 February 2000 the Rostov Regional Court examined the applicant's appeal and upheld the earlier findings. 31. On 15 March 1999 the applicant attempted to challenge her five-day detention before the Rostov Regional Court. She alleged that she was not informed of the name of the officer who took the decision to detain her and that he did not ask her any questions, did not inform her of any charge against her, did not explain the purpose of her appearance before him and did not give her a copy of his decision concerning her detention. 32. On 17 March 1999 the same judge who imposed the five-day detention informed the applicant that no ordinary appeal could be brought against that decision, and that it could only be challenged by the prosecutor's extraordinary appeal. 33. On 25 March 1999 the applicant filed a complaint with the Zheleznodorozhnyy District Court and the Rostov Regional Court. She challenged the refusal to consider her claim in civil proceedings. 34. On 26 May 1999 the President of the Rostov Regional Court replied to the applicant that, on the evidence of the file, her detention had been lawful as it had been imposed for the administrative offence in accordance with substantive and procedural law. 35. On 17 July 1999 the applicant filed another appeal with the Rostov Regional Court against the decision on her detention. 36. On 23 August 1999 the Acting President of the Rostov Regional Court replied that no appeal against a decision on administrative detention was provided for by law. 37. The applicant subsequently tried to challenge the above decisions, but none of her claims were accepted, the ground given being that the courts lacked jurisdiction over the subject matter. The last decision in this respect was taken on 1 December 1999 by the Rostov Regional Court. 38. On 15 January 2003 the prosecutor's office of the district of Zheleznodorozhnyy instituted a criminal investigation into the circumstances of the applicant's arrest and her overnight detention and into her allegations of ill-treatment. 39. On 28 February 2003 the prosecutor of the Rostov Region filed of his own motion a request with the President of the Rostov Regional Court to quash the decision of 14 February 1999 by which the applicant had been convicted of an administrative offence. He stated that the applicant's resistance to the police did not constitute an administrative offence because the police had acted unlawfully and that the detention was in any event a disproportionate punishment. 40. On 5 March 2003 the President of the Rostov Regional Court granted the request and quashed the decision on the grounds that the judge who had convicted the applicant had not examined the circumstances of the case and had not established whether she was guilty of any administrative offence. It was found that no forceful resistance had taken place, because the police were carrying out an investigation and not safeguarding public order when the applicant resisted. It was also held that the police had acted in violation of the procedural law. 41. On 25 August 2003 the prosecutor's office of the district of Zheleznodorozhnyy terminated the criminal investigation into the alleged ill-treatment and unlawful arrest and detention on the ground that the police officers had not committed any unlawful act. 42. On 3 March 2004 the Prosecutor General's Office quashed the termination order of 25 August 2003 and resumed the criminal investigation concerning the ill-treatment and the unlawful arrest. The prosecutor's office of the district of Zheleznodorozhnyy was given thirty days to complete the investigation under the supervision of the Prosecutor General. The relevant parts of this decision read as follows:
“[The applicant] consistently maintained that she objected to the unlawful entry of the police into her flat and the unlawful search in the absence of a prosecutor's warrant, and had therefore been subjected to unlawful arrest and detention and beaten up ...
The medical examination revealed numerous injuries caused by beating ... the time of origin and the cause of which corroborate [the applicant's] statements ... The investigation has not established the circumstances in which these injuries were caused.
The reports on the administrative offence and on the applicant's arrest of 13 February 1999 ... contain fraudulent statements concerning the participation of the attesting witnesses ... These circumstances have not been fully investigated, although they served as a basis for the applicant's administrative arrest. The decision of 29 April 2003 dispensing with criminal proceedings against [the police officer who issued the reports] ... is unfounded.” 43. In their letter of 19 April 2004, the Government submitted that the investigation was still in progress. The parties have not provided any update concerning the criminal investigation thereafter. | [
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9. The applicant was born in 1971 and lives in Viljevo, Croatia. 10. On 15 December 1993 the applicant was found guilty of several criminal offences, including murder, and sentenced to twelve years' imprisonment. He started serving his prison sentence on 4 January 1995 at Lepoglava State Prison (Kazneni zavod Lepoglava – “LSP”). 11. LSP is a building comprising five wings: A, B, C, D and E. All the wings have now been renovated. B wing was the last to be renovated, its renovation being completed in December 2003. 12. The applicant remained at LSP until 27 September 1995, when he was transferred to another prison. He was admitted to LSP for a second time on 30 December 1998. 13. On 4 October 1999 the applicant was transferred to Glina Penitentiary where he remained until 5 April 2000. Then he was transferred to Požega Penitentiary. During his stay in that institution, the applicant was granted various privileges, including the right to short periods of leave. After committing criminal offences (burglary and theft) while on leave, the applicant was again transferred to LSP on 21 September 2000. On 3 January 2001 he was placed in B wing. 14. On 8 April 2003 the applicant was transferred to a cell in the renovated part of B wing. 15. On 22 August 2003 the applicant was released as he had served his time in prison. 16. The applicant gave the following account of the detention conditions in B wing of LSP. 17. The cell he was placed in was small and there were neither sanitary facilities nor running water. There was no heating and the cell walls were damp and mouldy. The cell was dirty and the bed sheets were not changed for very long periods of time. In order to urinate at night and at other times when he was confined to his cell, the applicant had to use a four-litre plastic container in the shape of a bottle, because the guards refused to unlock his cell and let him use the toilet. Toiletries and other personal hygiene products were provided only every four to five months. The food served to the inmates was of insufficient quantity and poor quality; the inmates were served only carbohydrates, without any vegetables and hardly any meat. In general, the prison was overcrowded. The prison buildings, built about two hundred years ago, were in a very poor state of repair. As the prison guards did not wear badges with their number or name, the inmates did not know their identities. The prisoners were made to line up as many as ten times a day, even when it rained. They also had to take outdoor exercise daily in slippers, even when it rained or snowed. 18. The Government provided the following account of the applicant's detention conditions at LSP. 19. The applicant's cell was a double-occupancy cell. Most of the time the applicant shared it with another inmate and only for a period of about two months was he alone in the cell. The cell was 3.5 m long, 1.6 m wide (5.6 m2) and 3.05 m high. It had a 0.8 x 0.8 m (0.64 m2) window and one artificial light. There was no toilet in the cell although the applicant had permanent access to communal sanitary facilities and could use a shower. Inmates were provided with toothpaste, soap, shaving cream, disposable razors, shampoo and toilet paper on a monthly basis. The food served to the inmates was of the prescribed calorific value and in general the inmates had no complaints in that respect. The inmates were lined up several times a day before meals. The inmates who worked were also lined up when going to and coming from work and before and after their break. Inmates were lined up outdoors when the weather permitted and they were dressed appropriately. In bad weather inmates were lined up inside the prison building. The inmates were afforded a large outdoor exercise area and were able to attend film shows on Sundays. 20. The Government submitted that the renovation of B wing had been completed on 5 December 2003. It had been freshly painted and every cell had been provided with a toilet and washbasin. The cells now have parquet flooring, new furniture and radiators, new electric sockets and new ceiling lights. There are now four showers used by 35 to 40 inmates. 21. The CPT visited Croatia between 20 and 30 September 1998. Its findings with regard to LSP were as follows (extract from the report to the Croatian government on the visit to Croatia carried out by the CPT from 20 to 30 September 1998, CPT/Inf. (2001) 4):
“a. Material Conditions
... 58. ... the two unrenovated wings, B and E, accommodating mainly unemployed prisoners, offered very poor conditions of detention. Prisoners in these wings were being held under cramped conditions, typically two to three persons in cells measuring between 5.5 to some 6.5 m2. The CPT must emphasise that cells of such size are only suitable for individual occupancy. Further, the cells were dirty and in a poor state of repair, and a number of them had poor access to natural light and/or dim or artificial lighting. In addition, they were not equipped with integral sanitation; as a result, at night inmates had to comply with the needs of nature using a plastic container in their cell. As for the communal sanitary facilities, they were in a generally woeful state of repair (some of them with hazardous flooded floors). It is also noteworthy that several prisoners in these two wings complained that they were not able to obtain necessary toiletries.
The director informed the delegation that the renovation of the whole establishment was planned, but that difficulties were being encountered in obtaining the necessary resources. The CPT must stress that the prevailing material conditions in B and E wings are quite unacceptable. Consequently, the Committee recommends that the renovation of these wings, including installation of in-cell sanitation following the model of D wing, be treated as a matter of high priority.
Moreover, the CPT recommends that steps be taken immediately to ensure that all prisoners at Lepoglava State Prison are able to obtain personal hygiene products (toilet paper, soap, toothpaste, etc.) as well as the necessary means to maintain their cells and communal sanitary facilities in a clean and hygienic state. 59. Further, as already indicated in paragraphs 56 and 58, the closed unit was overcrowded at the time of the visit. This was particularly the case in the unrenovated wings ...
The CPT recommends that serious efforts be made to reduce cell occupancy levels in the closed unit at Lepoglava State Prison ...
...
b. Regime 61. According to section 19 of the Law on Execution of Sentences, sentenced prisoners must be provided, to the extent possible given an establishment's facilities and resources, with various types of work appropriate to their abilities and skills. ... 62. Of the 660 prisoners in the closed and semi-open sections at Lepoglava State Prison, approximately 300 were engaged in various types of work activities, including woodworking and furniture production (employing 150 inmates), metalwork (20), arts and crafts, as well as a variety of posts involving the day-to-day operations of the prison (laundry, cooking, gardening, etc.). ... 63. Nevertheless, the fact remains that at the time of the visit, the majority of the prisoners in the establishment's closed unit – 324 out of 532 – were not working. 110 prisoners were on a waiting list for work. Further, 83 prisoners had been categorised as permanent non-workers, either through choice or disability, though many such prisoners interviewed by the delegation advanced that they did in fact wish to work.
The situation of the non-workers was rendered all the more unsatisfactory by the scarcity of other regime activities at the prison. Although the establishment was equipped with good educational facilities, only about 50 prisoners – including some who already worked – were attending classes. Further, there was little evidence of therapeutic (i.e. offence-focused) programmes and no organised sport activities. To sum up, almost two-thirds of the prisoners accommodated in the closed unit were subject to an impoverished regime; the typical daily programme for a non-working prisoner was found to consist of little else besides watching television in an association area and outdoor exercise. 64. ... For the majority of prisoners in the establishment's closed unit, there was no positive regime in place which might encourage them to address their offending behaviour.
The CPT recommends that the Croatian authorities take the necessary steps to ensure that all prisoners at Lepoglava State Prison have access to an appropriate range of work, educational, sports and recreational activities.” 22. On 1 July 2002 a delegation of the Court visited LSP in connection with the Benzan case (see Benzan v. Croatia (friendly settlement), no. 62912/00, 8 November 2002). Its findings in respect of the general conditions at LSP were as follows:
“Meeting with the governor of LSP
The prison governor informed the delegation that the only unrenovated wing is B wing. He further informed the delegation that the prison held 683 inmates. He admitted that the prison was overcrowded, especially B wing.
Tour of LSP
B wing
We found cell 17 situated next to the communal bathroom. It measured 5.6 m2. There were no in-cell sanitary facilities. There were two non-working electrical sockets. There was a dim light on the ceiling. The window on the wall opposite the door measured 0.64 m2. There was one wooden chair and a metal locker. There was one set of bunk beds. The mattresses were dirty and bloodstained. The cell smelled strongly of moisture. The cement walls were damp to the touch.
Shower, toilet and laundry area
There were three toilets and two showers for 60 inmates. There was no heating in the toilet. In the shower there was one radiator. There was no toilet paper. Next to the showers there was a laundry area equipped with long basins for inmates to wash their clothes. The laundry area was accessible for one hour per day.
The indoor entertainment and recreation area
Next we visited a TV-room where we found one television, about 20 chairs and 7 tables. It served 60 inmates.
There was also a social room with 6 tables, each with 4 chairs, serving 44 inmates. We saw chess-boxes on the tables. Inside, there was one stove with two electric hotplates and one sink.
On each floor we saw table tennis equipment, each serving 44 inmates.
Renovated wing
Here we visited a cell which measured 11 m2. There were two sets of bunk beds. There was a separate bathroom with toilet and sink, but with no shower or bathtub. However, there were communal showers on the same floor. There was one electric socket, three lights on the ceiling, two metal lockers, two wooden chairs, one table and one shelf on the wall. There were two windows (0.64 m2). The room was freshly painted and had parquet floor. It was very clean.
Outdoor recreation area
We saw a large walking area, with benches and trees and an asphalt playground of large proportions.
The canteen
The canteen where the inmates eat is a huge room, separated from the other prison areas. It can accommodate 200 persons at a time. The inmates eat in shifts. Food is cooked on the premises and there is also a bakery.
Working area
The working area comprises several large workshops for wood-processing, production of chess boards, picture-framing, a bookbinding shop and book press and an art studio including a visual arts section.
The bookbinding shop where the applicant works has large windows, a desk and a chair.
The interviews
The applicant
The applicant informed the delegation that he had been placed in cell no. 17 in B wing sometime in May 2000 and had stayed there until August or September 2001. He reported that at the time of his arrival there had been no glass on the window, but that it had been repaired in a few days. The paint on the walls had been peeling off and the cell had been very damp. Sometime in 2001 the walls had been repainted in the entire wing. He further reported that although there had been a radiator in the cell, there had been no heating until the end of winter 2001, when the radiators had been repaired, but that even after that the heating had been insufficient. The applicant stressed that the toilets in B wing had been renovated to a certain degree and that they had been in a much worse state of repair. He said that there had been mould on the walls which was covered over with paint.
The applicant's daily routine is as follows:
7 a.m. – wake up
8-9 a.m. – breakfast and walk 5.30 p.m. – dinner
from 7 p.m. – locked in cell
9 p.m. – lights off
The applicant complained that the inmates were always pressed for time for lunch and dinner because there were too many people, divided into several shifts. He also said that the food was of low quality, badly prepared, badly cooked and that the only edible food was bread. He said that most of the time he was hungry. The inmates are dressed in jeans and shirts that are replaced every two years. They are also provided with shoes, underwear and a jacket.
The applicant complained that the bed sheets were dirty, greasy and too short. The blankets were old, dirty and had not been washed for seven years. The mattress in his cell was old, rotting, bloodstained and soiled. The applicant also stated that medical assistance was only available once weekly on Mondays and that consultations with physicians were superficial, lasting one minute.
The prison governor
The prison governor admitted that there were two deaths from cardiac arrest this year and that a number of inmates suffered from hepatitis, though they were not placed in any special unit. He admitted further that in the whole area there was a water shortage because of the problems with water pressure. However, the bathrooms were open from 9.30 to 11.30 a.m. and from 4 to 5.30 p.m. As to the medical staff, he said that one physician, a specialist in general medicine, and a dentist, were employed full-time. There was at least one nurse on the premises at all times. Once a week physicians of different specialisation visited the prison (a lung specialist, a surgeon, an internist and an ophthalmologist).
He also reported that about 50% of inmates currently worked in the prison.” | [
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8. On 17 February 2000 I.S., a head of division at the National Privatisation Agency, was murdered in front of the entrance to the building where she lived in Riga. The same day the specialised public prosecutor's office for organised crime and other offences (Organizētās noziedzības un citu nozaru specializētā prokuratūra) opened a preliminary investigation into the murder. 9. On 27 March 2000 the police arrested two men, V.S. and V.B., on the ground that they were suspects (aizdomās turētie) in the murder and took them into police custody. Shortly afterwards, they were charged and placed in detention on remand.
On 18 April 2000 the Belarusian police, acting on a request from the Latvian authorities, arrested two other men, I.F. and I.Č., who had fled to Belarus in the meantime. On 28 April 2000 the men were extradited to Latvia. They too were charged with the murder of I.S. and were brought before the relevant judge, who remanded them in custody. 10. During the preliminary investigation, the four co-defendants gave statements to the public prosecutor to the effect that the applicant, who at the time had been the manager of a private company, had ordered and funded I.S.'s murder for reasons of personal revenge. According to I.F., the applicant had first given him 10,000 United States dollars (USD) as payment for carrying out the murder and later comparable sums to enable him to flee the country. On 20 April 2000 I.F.'s girlfriend, who was questioned as a witness, said that she had overheard a conversation between her boyfriend and I.Č. in which both men had referred to V.B. as having perpetrated the murder. 11. Accordingly, on 1 June 2000, the applicant was arrested on suspicion of being the principal organiser and instigator of the murder. On being taken into police custody and questioned, the applicant admitted having known the victim personally; however, she denied any financial links with her.
The same day the police conducted two searches, one at the applicant's home and the other at her office. They seized a large number of documents and files, which were placed in forty cardboard boxes and taken away. 12. On the following day, 2 June 2000, the public prosecutor's office placed the applicant under investigation for murder. At the same time, V.S., V.B., I.F. and I.Č. were charged with committing the murder. 13. Also on 2 June 2000, the public prosecutor's office applied to the Riga City Kurzeme District Court seeking to have the applicant and the four suspected perpetrators of the crime remanded in custody for an initial period of two months. In court, the prosecution referred to the statements by the four men, which it considered to be credible, and stressed the need to detain the applicant “so that it [could] conduct a thorough preliminary investigation and establish the facts of the case in an objective manner”. According to the prosecution, “if A. Svipsta remain[ed] at liberty, there [was] a danger that she [would] hinder the determination of the truth [and] evade investigation and trial”.
In an order issued on 2 June 2000 following inter partes proceedings attended by the applicant and her lawyer, the District Court granted the public prosecutor's request. The order stated that the applicant's detention was necessary in order to counter the risk of collusion and prevent her from obstructing the investigation. Further reasons given were the seriousness of the offence, the personality of the defendant and “other circumstances”. The applicant did not appeal against the detention order. 14. After being questioned on 6, 7 and 9 June 2000, the applicant eventually admitted that she had had financial links with I.S. She stated in particular that, in December 1998, when she had begun receiving income as an administrator of public undertakings which were being liquidated, I.S. had started to extort money from her. She also said, in contradiction of her earlier statements, that she knew I.F. and had told him about a row she had had with the murder victim on the subject of their financial links. 15. On 29 June 2000 the public prosecutor presented the applicant with full details of the charges against her. According to the facts as established by the prosecutor, the applicant and I.S. had concluded a secret agreement in 1996, under the terms of which I.S. had promised to appoint the applicant as administrator of the public undertakings whose liquidation she was overseeing. In return, the applicant had promised to pay her USD 500,000. By the time of I.S.'s murder, the applicant had already paid her almost half the sum agreed. 16. On 12 July 2000 the public prosecutor's office received a statement from a Latvian bank to the effect that the applicant and I.S. had gone to Switzerland together; during the trip, the applicant had paid all the expenses using her credit card. On 19 July 2000 the State telecommunications company sent the prosecutor's office records of mobile telephone conversations between the applicant and both I.S. and I.F. and between the four suspected perpetrators of the murder. 17. On 24 July 2000 the prosecutor in charge of the case requested the Kurzeme District Court to extend the applicant's detention on remand until 29 September 2000 on the ground that a number of investigative measures, specified by the prosecutor, still needed to be carried out. The measures involved preparing expert reports on the physical evidence gathered at the applicant's home and office and on her state of health, organising at least six confrontations with the defendants, questioning at least ten further witnesses and requesting relevant information from Interpol's National Central Bureau. The prosecutor also expressed the view that the applicant's guilt was “demonstrated by the statements of her co-defendants and witnesses, the reports [on the scene and the physical evidence], the expert opinions and the remaining evidence in the case file”. 18. In an order of 26 July 2000 issued in the presence of the applicant's lawyer, the relevant judge at the Kurzeme District Court granted the public prosecutor's request. The order read as follows:
“Order extending detention on remand
Riga, 26 July 2000
[L.B.], judge at the Riga City Kurzeme District Court, has examined the evidence in the criminal file ... concerning the aggravated murder of [I.S.], committed in the courtyard of 20 Valguma Street, Riga on 17 February 2000. The file was submitted by prosecutor [S.N.] of the specialised public prosecutor's office for organised crime and other offences, with a request for extension of the detention on remand of Astrīda Svipsta, who has been charged under Articles 20 § 2 and 117 ... of the Criminal Code. Having heard the observations of [S.N.] and the opinion of the lawyer/lawyers [A.D.], the Court
having noted [the following]:
The time allowed for preferring the indictment in this case has been extended until 29 September 2000.
The crime of which A. Svipsta stands accused is particularly serious. Accordingly, if she remains at liberty, there is a danger that she will evade investigation and trial, commit further criminal offences and hinder the determination of the truth in the criminal case. [Consequently], without examining whether the defendant is guilty or innocent of the charges against her, I consider it appropriate to extend the period of detention in question.
Having regard to the above and on the basis of Article 77 of the KPK [Latvijas Kriminālprocesa kodekss – Code of Criminal Procedure],
I hereby decide:
To extend the detention on remand of Astrīda Svipsta ... until 29 September 2000.
This order is amenable to appeal before the Riga Regional Court, the appeal to be lodged with the Kurzeme District Court.
Execution of the order shall not be stayed pending such appeal.
Judge: [signature]” 19. The above order, which was one page long, had been typed on a computer and printed out. However, the fields for the date, the judge's name and the lawyer's name had been left blank, and the relevant information (given in italics above) had been added by hand. 20. The applicant appealed against the order before the Riga Regional Court. In her memorial she submitted that the first-instance judge had omitted to conduct a thorough examination of all the evidence in the file before issuing the order. The applicant further argued that the seriousness of the offence was not sufficient in itself to warrant extending her detention and that there was nothing in the case file to suggest that she intended to evade investigation or commit further offences. In that connection she stressed that she had left the country several times since the murder and had always returned to Latvia; this proved that she had no intention of absconding or obstructing the investigation. 21. By an order dated 15 August 2000, issued following a hearing attended by the applicant and her lawyer, the Riga Regional Court dismissed the appeal in the following terms:
“... Having taken cognisance of the evidence in the case file and heard evidence from the parties, the Court concludes that there are plausible reasons to believe that, if A. Svipsta remains at liberty, there is a danger that she will evade investigation and trial and hinder the determination of the truth in this case. The Court further takes into consideration the seriousness of the charges against A. Svipsta; [it] considers that the order issued by the Kurzeme District Court ... on 26 July 2000 is in accordance with the law and is justified. ...” 22. In the meantime, on 6 August 2000, the applicant provided the public prosecutor's office with detailed information concerning the sums of money she had paid to I.S. since January 1998. On 17 August 2000 she sent further information to the Prosecutor General's Office, stating that I.S. had harassed her and extorted large sums of money from her; accordingly, she requested that a separate criminal investigation be opened into the alleged extortion and that she be acquitted. 23. On 18 September 2000 the public prosecutor's office requested the Kurzeme District Court to extend the applicant's detention on remand until 28 November 2000. In support of its request, it referred to the need to organise at least two further confrontations, question five further witnesses, study the new statements made by the applicant alleging that I.S had extorted funds from her, examine and analyse the evidence obtained from abroad as a result of international judicial cooperation, examine certain items of physical evidence and order a psychologist's expert report on the defendants I.F. and I.Č. 24. By an order dated 20 September 2000, the relevant judge granted the public prosecutor's request. The wording and layout (font, positioning of the text and line spacing) exactly matched those of the order of 26 July 2000. Only the date, the judge's name, his signature and the length of detention were different. The field for the lawyer's name, meanwhile, had been left blank. 25. The applicant appealed against this order before the Riga Regional Court which, in an order issued on 17 October 2000 following inter partes proceedings, dismissed the appeal on the grounds that the applicant “[was] accused of a particularly serious crime [and] ha[d] pleaded not guilty; that the crime in question [had been] committed by an organised group; that there [were] good grounds for suspecting that she might attempt to hinder the determination of the truth in the case”. 26. On 30 October 2000 the applicant lodged a complaint with the Prosecutor General's Office alleging that the public prosecutor “ha[d], without any justification, disregarded the comments and oral suggestions from the defence concerning the procedural aspects of the case”. According to the applicant, her lawyer had made oral requests for permission to consult the investigation file. The Prosecutor General's Office did not reply. 27. On 17 November 2000 the public prosecutor requested a further extension of the applicant's detention, this time until 30 January 2001. The reasons given were essentially the same as those cited in the request of 18 September 2000, the only differences were the number of witnesses to be questioned (twenty-seven), and a reference to the need to carry out biological tests, in particular DNA tests. 28. On 22 November 2000 the judge ordered the applicant's continued detention until 28 January 2001. This order was drawn up in the same manner as those of 26 July and 20 September, with the date and the lawyer's name having been added by hand. The judge's name had first been typed but had then been crossed out with a ballpoint pen, and the stamp of another judge had been added beside it; the order had been signed by the second judge. 29. The applicant then lodged a fresh appeal with the Riga Regional Court. In her memorial she submitted that the proceedings leading to adoption of the document in question had constituted a serious breach of the former Code of Criminal Procedure (Latvijas Kriminālprocesa kodekss – “the KPK”), which was in force at the time. In that connection the applicant observed that all the orders issued by the court of first instance, by three different judges, had been absolutely identical, even in the way they were worded. She inferred from this that the judges had merely signed the draft orders prepared in advance by the prosecutor. In the applicant's view, this theory was borne out by the fact that the most recent decision had been taken in camera in the judge's office; the judge had allowed the applicant's lawyer into the room only after he had spent approximately twenty minutes alone with the prosecutor. Consequently, the lawyer had not even been able to hear the prosecutor's observations, the defence having been present only when the judge had signed the draft decision, which had been prepared in advance. The applicant also reiterated her previous arguments against her continued detention. 30. By an order made on 5 December 2000 after inter partes proceedings, similar to the order of 17 October 2000, the Riga Regional Court dismissed the applicant's appeal and upheld the impugned order, observing that the murder in question had been committed by a group of persons and that the applicant had pleaded not guilty. In court, the applicant's lawyer was invited to speak first. However, despite repeated requests on his part, the judge did not permit him to reply to the prosecutor's observations. The Regional Court also did not reply to the applicant's arguments based on Article 5 of the Convention as interpreted by certain judgments of the European Court of Human Rights, declining to take cognisance of the copies of the relevant judgments or to add them to the case file. 31. On 10 December 2000 the applicant lodged a second complaint with the Prosecutor General's Office, alleging a series of procedural irregularities, in particular the refusal of the relevant prosecutor to grant defence counsel access to the file. In a letter dated 8 January 2001, the Prosecutor General's Office rejected this complaint on the ground that the requests supposedly made by the defence did not feature in any official record; the letter added that a copy of the entire file would be sent to the applicant once the investigation had been completed. 32. On 2 January 2001 the public prosecutor's office attempted to obtain information concerning the transfers of funds between the applicant and the murder victim. To that end it made enquiries of fifteen Latvian banks; none had accounts under the names in question. 33. On 16 January 2001 the public prosecutor's office applied for a further extension of the applicant's detention on the ground that she had made further statements in the meantime to the effect that I.F., one of the suspected perpetrators of the murder, had raped her and then subjected her to pressure. The prosecution further cited the need to carry out the same investigative measures referred to in its previous requests, the only difference being the number of witnesses to be questioned (six). 34. In an order of 25 January 2001, the Kurzeme District Court extended the applicant's detention until 30 March 2001. Again, the order was virtually identical to the previous orders issued by the same court, apart from a few details concerning the names of the judge, the prosecutors and the lawyer. This time the whole order had been typed and no additions or corrections had been made by hand. 35. On 31 January 2001 the applicant lodged an appeal with the Riga Regional Court, complaining in particular of the refusal of the public prosecutor's office and the court to allow her lawyer access to the documents in the investigation file on which her continued detention had been based. On 9 February 2001 the court dismissed her appeal in an order which was to all intents and purposes identical to those of 15 August and 17 October 2000. In addition to the seriousness of the crime, this order also cited as a reason the risk that the applicant might abscond or evade justice. 36. In the meantime, on 26 January 2001, V.S., one of the applicant's co-defendants, had been released and placed under police surveillance (nodošana policijas uzraudzībā). In addition, on 30 April 2001, the public prosecutor's office drew up a fresh charge against the applicant, charging her with commercial corruption within the meaning of Article 199 of the Criminal Code. 37. In two orders dated 29 March and 30 April 2001, the Kurzeme District Court extended the applicant's detention until 30 April and 18 May 2001 respectively. In both cases the court was ruling on requests from the public prosecutor's office based on the necessity of carrying out a number of additional investigative measures. As in its previous requests, the prosecutor's office cited the need to question further witnesses (four). However, it laid particular emphasis on the need to send the documents in the file to the applicant, her co-defendants and their lawyers, to prepare the final indictment and to prepare the case for trial.
The layout of the two orders was again identical to all the previous orders given by the same court in the instant case. Although the order of 29 March 2001, having been typed entirely on a computer, differed in appearance from the other orders, it was identical to them in content. 38. On 30 March and 2 May 2001 the applicant lodged appeals with the Riga Regional Court, complaining in particular of the refusal by the public prosecutor's office and the court to allow her lawyer access to the documents in the investigation file on which her continued detention had been based.
On 17 April and 11 May 2001 the Riga Regional Court dismissed the applicant's appeals and upheld the impugned orders. All the decisions of the Riga Regional Court were drafted in terms virtually identical to the orders of 15 August and 17 October 2000. Only the decision of 17 April 2001 specified that the applicant's continued detention was justified on account of her personality and that the first-instance court had had legitimate grounds to fear a risk of collusion, since the applicant had made the arrangements for her co-defendants to flee the country. 39. On 11 May 2001 the public prosecutor's office concluded the investigation and sent copies of the documents in the file to the applicant. On 14 May 2001 the applicant began studying the file, which comprised sixteen volumes.
On 5 July and 1 August 2001 the applicant complained to the Prosecutor General's Office about the attitude of the prosecutor handling her case, who had sent her only a few documents at a time and at long intervals. In letters of 30 July and 7 August 2001, the Prosecutor General's Office rejected her complaints without giving any reasons. 40. Meanwhile, on 18 May 2001, the latest order for the applicant's detention expired. However, as she had begun studying the documents in the investigation file, her release was “suspended” in accordance with the fifth paragraph of Article 77 of the KPK (see paragraph 60 below). She therefore remained in detention. 41. On 18 July 2001 the applicant finished studying the documents in the file. On the same day she requested the public prosecutor's office to question a number of persons who had allegedly seen her in a Riga hotel the day after I.S.'s murder. The request was rejected for failure to give reasons; the prosecutor's office took the view that the defence had not made sufficiently clear how the evidence of the persons concerned could establish the applicant's innocence or contribute any new evidence to her file. 42. The applicant's co-defendants, V.S., I.F., V.B. and I.Č., finished studying the file on 2 August, 3 August, 2 October and 5 October 2001 respectively. On 5 October 2001 the prosecutor dealing with the case informed the applicant that all the parties had now taken cognisance of the file. 43. On 8 October 2001 the public prosecutor signed the final indictment (apsūdzības raksts) against the applicant and her four co-defendants. The file was subsequently sent to the trial court, in this case the Riga Regional Court. On 11 October 2001 the relevant judge of the Regional Court found that there was sufficient evidence in the file and decided to commit the applicant for trial (lēmums par apsūdzētās nodošanu tiesai). As to the preventive measure applied to the applicant, the judge decided to extend it, without, however, giving any reasons. 44. On 12 October 2001 the applicant wrote to the same judge requesting that she be released. She asked him to convene, if necessary, a preparatory hearing (rīcības sēde) to examine whether her detention was justified. In a letter of 19 October 2001, the judge rejected the request, reminding the applicant that she stood accused of a crime punishable by life imprisonment, and that the preventive measure reflected the seriousness of the offence and her personality. The judge further stated that there were “no grounds” for convening a preparatory hearing. Lastly, he observed that the applicant would have an opportunity to reiterate her request for release at the hearing on the merits of her case, and informed her that the hearing had been set down for 2003. 45. On 31 October 2001 the applicant requested the President of the Riga Regional Court to review the merits of her detention and to take steps to expedite the consideration of her case, arguing in particular that a prolonged term of detention was in breach of Article 5 §§ 1 and 3 of the Convention. In a letter of 9 November 2001, the President replied that the Regional Court did not have jurisdiction to review procedural decisions taken by the lower court in charge of a case. As to the timetable for consideration of the case, the President said that it was impossible to speed it up. He observed that “[c]riticism of, or requests made to, the court concerning its hearing of the case 'within a reasonable time' [were] of no relevance whatsoever, as the court work[ed] with the resources allocated to it by the State”. 46. Notwithstanding the date initially set for the first hearing, consideration of the merits of the case began on 26 June 2002. The applicant pleaded not guilty in court.
On 14 August 2002 the prosecution addressed the court. On the following day, it was the turn of the defence. 47. In a judgment delivered on 13 September 2002, the Riga Regional Court found the applicant guilty of organising the murder. However, it considered that no intention to kill on the part of the applicant and two of her co-defendants had been established; accordingly, they were found guilty of manslaughter. V.B., meanwhile, was found guilty of murder and illegally possessing a knife. The court also found it established that, after V.B. and V.S. had been arrested, the applicant had paid the other two co-defendants substantial sums to enable them to flee the country. Finally, the court considered that the applicant's guilt on the charge of commercial corruption had been sufficiently established.
Consequently, the Regional Court sentenced the applicant to twelve years' imprisonment. Her co-defendants also received long prison sentences: seventeen years in the case of V.B., twelve years in the case of I.F. and ten years in the case of I.Č. V.S. received a suspended sentence of four years' imprisonment. 48. The applicant and her co-defendants lodged an appeal against this judgment with the Criminal Division of the Supreme Court. In a judgment of 11 September 2003, the Criminal Division upheld the applicant's conviction for manslaughter. However, it acquitted her on the charge of commercial corruption and reduced her overall sentence to ten years' imprisonment. 49. The applicant then lodged an appeal on points of law with the Senate of the Supreme Court. In a final judgment of 6 February 2004, the Senate dismissed the applicant's appeal and those of her co-defendants. | [
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5. The applicant was born in 1952 and lives in Maribor. 6. In January 1991, after two concluded disciplinary proceedings, the applicant’s employer L. dismissed the applicant from his work. The applicant, who was consequently unemployed, instituted several proceedings challenging both decisions given in the disciplinary proceedings. 7. On 16 April 1990 and, according to the applicant, on 1 February 1991 respectively, the applicant instituted proceedings in the Ljubljana Court of Associated Labour (Sodišče združenega dela v Ljubljani) seeking the annulment of the disciplinary decisions.
On 15 May 1991, after several hearings, the court delivered, in the joint proceedings, a decision rejecting the applicant’s claims.
On 20 February 1992 the Court of Associated Labour of the Republic of Slovenia (Sodišče združenega dela Republike Slovenije) allowed the applicant’s appeal of 28 June 1991 and remitted the case to the first-instance court for re-examination.
On 3 March 1993 the Ljubljana Court of Associated Labour again rejected the applicant’s claims.
On 25 November 1993 the Court of Associated Labour of the Republic of Slovenia allowed the applicant’s appeal of 31 March 1993 and remitted the case again to the first-instance court for re-examination.
On 28 June 1994 the Convention entered into force with respect to Slovenia.
In the re-examination proceedings, the applicant lodged several written submissions addressed to the first-instance court, the (renamed) Higher Labour and Social Court (Višje delovno in social sodišče) and to different judges.
Of the three hearings held between 11 July 1994 and 3 February 1995, none was adjourned at the request of the applicant.
During the proceedings, the court appointed a medical expert. It appears that the applicant objected to the appointment and the Higher Labour and Social Court rejected the objection on 6 October 1994.
After the last hearing, the court decided to deliver a written judgment. The judgment, rejecting the applicant’s claim, was served on the applicant on 20 February 1995. 8. On 27 February 1995, the applicant appealed to the Higher Labour and Social Court.
On 13 December 1996 the court dismissed the applicant’s appeal.
The judgment was served on the applicant on 14 February 1997. 9. On 1 March 1997 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). On 29 April 1997 the applicant urged the court to decide on his appeal and on 23 May 1997 he supplemented the appeal.
On 23 September 1997 the court dismissed the applicant’s appeal.
The judgment was served on the applicant on 22 November 1997. 10. In the meantime, on 27 March 1997 the applicant lodged a constitutional appeal against all the courts involved in his case. It appears that on 15 December 1997 the applicant lodged a constitutional appeal also against the Supreme Court’s judgment.
On 7 March 2000 the Constitutional Court (Ustavno sodišče) dismissed the applicant’s appeal. The decision was served on the applicant on 1 June 2000. 11. Despite the Court’s request, the applicant has not filed copies of his requests and the relevant decisions regarding the re-opening proceedings. However, according to the information supplied by the Government and corresponding to that supplied by the applicant, the latter, on 20 October 1998, lodged a request for reopening of the proceedings with the (renamed) Ljubljana Labour and Social Court (Delovno in socialno sodišče v Ljubljani). After the decision rejecting the request had been quashed on appeal and remitted for reconsideration, the court rejected the applicant’s request again. On 25 May 2000 the Higher Labour and Social Court dismissed the applicant’s appeal. The decision was served on the applicant on 27 May 2000.
On 31 May 2000 the applicant lodged an appeal on points of law. The Supreme Court’s decision, dismissing the applicant’s appeal, was served on the applicant on 4 July 2001.
According to the applicant, the Constitutional Court also rejected his constitutional appeal lodged in July 2001.
On 12 December 2001 the Ljubljana Labour and Social Court rejected the applicant’s second request for reopening of the proceedings. After his appeal had been rejected, the applicant, on 9 September 2003, lodged an appeal on points of law with the Supreme Court. It is possible that these proceedings are still pending. | [
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5. The applicant was born in 1954 and lives in Velenje. 6. On 10 April 1996 the applicant was injured in an accident at work. 7. On 20 January 1998 the applicant instituted civil proceedings against his employer GVV in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 5,053,330 Slovenian tolars (approximately 21,060 euros) for the injuries sustained.
Between 12 April 2001 and 10 April 2002 the applicant lodged six preliminary written submissions.
Between 24 September 1998 and 16 January 2001 he made five requests that a date be set for a hearing.
Of the three hearings held between 12 April 2001 and 23 May 2002, none was adjourned at the request of the applicant.
During the proceedings, the court appointed a medical expert. The court also sought an additional opinion from the appointed expert.
At the last hearing, the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 4 September 2002. 8. On 5 September 2002 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju).
On 23 March 2005 the court allowed the applicant’s appeal in part.
The judgment was served on the applicant on 26 May 2005. 9. On 22 June 2005 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče).
The proceedings are still pending. | [
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5. The applicant was born in 1943 and lives in Jesenice. 6. On 27 December 1994 the applicant lodged a request for promotion with the Ministry of Education and Sport.
On 10 November 1995 the Ministry rejected the applicant’s request. 7. On 16 February 1996 the applicant instituted proceedings against the Ministry in the Supreme Court (Vrhovno sodišče) seeking an amendment of the Ministry’s decision.
According to the information supplied by the Government, the applicant three times adduced written evidences between 8 December 1997 and 10 February 2000.
Between 10 December 1998 and 16 June 1999 he three times requested information about the state of the proceedings.
Following the legislative reform concerning the judicial review of administrative acts, the case was in September 2000 reassigned to the Administrative Court (Upravno sodišče).
On 18 April 2001 the court delivered a judgment rejecting the applicant’s claim.
The judgment was served on the applicant on 26 April 2001. 8. On 9 May 2001 the applicant lodged an appeal with the Supreme Court (Vrhovno sodišče).
On 5 November 2003 the court dismissed the applicant’s appeal.
The judgment was served on the applicant on 20 December 2003. 9. On an unspecified date in 2004 the applicant lodged a constitutional appeal.
On 2 June 2004, the Ministry granted to the applicant the requested promotion.
On 11 May 2005 the Constitutional Court (Ustavno sodišče) dismissed the applicant’s appeal.
It is not clear from the case-file when the decision was served on the applicant. | [
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5. The applicant was born in 1956 and lives in Velenje. 6. On 30 June 1994 the applicant was injured in an accident at work. The applicant’s employer had taken out insurance with the insurance company ZT. 7. On 5 December 1995 the applicant instituted civil proceedings against ZT in the Celje Local Court (Okrajno sodišče v Celju) seeking damages in the amount of 1,243,411 tolars (approximately 5,180 euros) for the injuries sustained.
Between 26 April 1996 and 27 December 2001 the applicant made six requests that a date be set for a hearing.
Between 13 November 1996 and 7 February 2000 she lodged ten preliminary written submissions and/or adduced evidence.
On 8 March 1999 the court declared the case out of its jurisdiction, because the applicant increased her claim to 3,243,411 in the submission of 24 February 1999. The case was transferred to the Celje District Court (Okrožno sodišče v Celju).
At an undetermined time in late 2000 or early 2001 the judge presiding the case was appointed to the Celje Higher Court (Višje sodišče v Celju) and the case was assigned to a new judge.
Of the six hearings held between 20 November 1996 and 5 June 2002 none was adjourned at the request of the applicant.
During the proceedings the court appointed a medical expert. The court also sought an additional opinion from the appointed expert.
At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 17 October 2002. 8. On 30 November 2002 the applicant appealed to the Celje Higher Court. She requested the first-instance court to correct the judgment and also issue a supplementary judgment. ZT cross-appealed.
On 30 September 2003 the first-instance court corrected the judgment.
On 15 October the applicant appealed against the decision of the first-instance court to correct the judgment.
On 2 December 2003 the Celje Higher Court allowed the applicant’s appeals in part and increased the damages awarded.
The judgment was served on the applicant on 26 January 2005. 9. On 18 February 2005 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče).
The proceedings are still pending. | [
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5. The applicants were born in 1958, 1984 and 1985 respectively and live in Škofja Vas. The first applicant is a mother of the other two applicants. She was a wife of I. Z., who was also a father of the other two applicants. 6. On 20 November 1997 the first applicant and I. Z. were injured in a car accident. I. Z. died after the accident because of the injures sustained. The perpetrator of the accident, C. D., had taken out insurance with the insurance company ZA. 7. On 22 May 1998 the applicants instituted civil proceedings against ZA in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 9.789.433,00 Slovenian tolars (approximately 40,790 euros) for the death of I. Z. and in respect of a non-pecuniary damage resulted from the injures the first applicant’s sustained in the accident.
Between 22 February 1999 and 10 June 2003 the applicants lodged fifteen preliminary written submissions and/or adduced evidence.
During the proceedings, the applicants partially withdrew their claim.
Between 17 November 1998 and 19 October 2001 they made four requests that a date be set for a hearing.
Of the six hearings held between 12 February 1999 and 7 July 2003, none was adjourned at the request of the applicants.
During the proceedings, the court appointed a medical expert.
At the hearing held on 4 September 2002, the court decided to suspend the civil proceedings until the criminal proceedings against C. D. were concluded. On 16 September 2002 and 2 December 2002 the applicants requested that a date be set for a hearing in the criminal proceedings. On 9 June 2003 the court issued a judgement finding C. D guilty and the civil proceedings subsequently continued.
On 30 October 2003 the court delivered a judgment. The judgment, upholding the applicant’s claim in part, was served on the applicants on 19 December 2003. 8. On 22 December 2003 the applicants appealed to the Celje Higher Court (Višje sodišče v Celju).
On 24 November 2005 the court allowed the applicants’s appeal in part and increased the damages awarded.
The judgment was served on the applicants on 12 December 2005. 9. On 15 December 2005 the applicants lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče).
The proceedings are still pending. | [
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5. The applicant was born in 1931 and lives in Škofja vas. 6. On 6 August 1990 the applicant fell in the Celje community health care centre (the “health centre”) and injured herself. The health centre had taken out insurance with the insurance company ZT. 7. On 16 December 1993 the applicant instituted civil proceedings against the health centre and Celje Hospital in the Celje Basic Court (Temeljno sodišče v Celju) seeking damages in the amount of 2,111,460 tolars (approximately 8,800 euros) for the injuries sustained, which she unsuccessfully claimed from ZT in the preceding dispute before the same court.
On 5 April 1994 the applicant lodged a preliminary written submission reducing her claim to the amount of 1,561,460 tolars (approximately 8,800 euros).
Between 6 September 1994 and 26 April 1996 she made eight requests that a date be set for a hearing.
On 1 January 1995 the Celje District Court (Okrožno sodišče v Celju) gained jurisdiction in the present case due to the reform of the Slovenian judicial system. 8. On 28 February 1997 the court declared the case out of its jurisdiction and decided to transfer the case, once the decision became final, to the Celje Local Court (Okranjo sodišče v Celju). The decision was served on the applicant on 10 March 1997. 9. On 5 June 1997 the applicant added a subsidiary claim in the amount of 2,370,296 (approximately 9,900 euros) to her initial claim.
Consequently, on 10 June 1997 the court declared the case out of its jurisdiction and decided to transfer the case, once the decision became final, to the Celje District Court (Okrožno sodišče v Celju). The decision was served on the applicant on 16 June 1997.
On 17 June 1997 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju).
On 18 December 1997 the court dismissed the appeal. The decision was served on the applicant on 22 January 1998. 10. Between 8 April and 4 June 1998 the applicant made three requests that a date be set for a hearing. On 31 May and 12 October 1999 she filed preliminary written observations.
Of the three hearings held between 19 November 1998 and 9 November 1999 none was adjourned at the request of the applicant.
At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 2 February 2000. 11. On 4 February 2000 the applicant appealed to the Celje Higher Court. The health centre and Celje Hospital cross-appealed.
On 1 February 2001 the court rejected the applicant’s appeal, allowed the appeals of the opposite parties in part and rejected the applicant’s claim.
The judgment was served on the applicant on 19 April 2001. 12. On 14 May 2001 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče).
On 10 April 2002 the court dismissed the applicant’s appeal.
The judgment was served on the applicant on 13 May 2002. 13. On 20 June 2002 the applicant lodged a constitutional appeal.
On 11 May 2004 the Constitutional Court (Ustavno sodišče) dismissed the applicant’s appeal. The decision was served on the applicant on 12 May 2004. | [
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5. The applicant was born in 1948 and lives in Celje. 6. On 10 February 1994 the applicant was injured in an accident at work in the Celje Local Court (Okrajno sodišče v Celju). The applicant’s employer had taken out insurance with the insurance company ZT. 7. On 20 February 1995 the applicant instituted civil proceedings against ZT in the Celje Local Court seeking damages in the amount of 1,586,610 tolars (approximately 6,600 euros) for the injuries sustained.
On 30 March 1995 the Supreme Court (Vrhovno sodišče) transferred the case to the Ptuj Local Court (Okrajno sodišče na Ptuju), since the applicant was an employee of the Celje Local Court.
Between 8 June 1996 and 25 September 1997 the applicant made six requests that a date be set for a hearing.
On 20 February 1997 the court held a hearing.
On 17 March 1997 the applicant lodged preliminary written submissions.
On 25 March 1997 the court appointed a medical expert.
On 24 October 1997 the applicant increased her claim to 3,136,610 tolars (approximately 13,000 euros).
On 8 January 1998 the court declared the case out of its jurisdiction and the case was transferred to the Ptuj District Court (Okrožno sodišče na Ptuju)
Between 18 February 1998 and 3 May 1999 the applicant made five requests that a date be set for a hearing.
Between 6 March 1998 and 1 September 1999 she lodged three preliminary written submissions and/or adduced evidence.
Of the three hearings held between 27 November 1998 and 6 September 1999 none was adjourned at the request of the applicant.
During the proceedings the court appointed two medical experts who also appeared before the court.
At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 17 September 1999. 8. On 27 September 1999 the applicant appealed to the Maribor Higher Court (Višje sodišče v Mariboru). ZT cross-appealed.
On 11 September 2002 the court allowed the applicant’s appeal in part dismissed the ZT’s appeal.
The judgment was served on the applicant on 4 July 2002. 9. On 10 July 2002 the applicant lodged an appeal on points of law with the Supreme Court.
On 29 May 2003 the court dismissed the applicant’s appeal.
The judgment was served on the applicant on 26 June 2003. | [
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11. The applicant is a Latvian national who was born in 1950 and lives in Riga. She is currently a member of the European Parliament. 12. On 23 August 1939 the foreign ministers of Germany and the Union of the Soviet Socialist Republics (USSR) signed a non-aggression treaty (the Molotov-Ribbentrop Pact). The treaty included a secret additional protocol, approved on 23 August 1939 and amended on 28 September 1939, whereby Germany and the Soviet Union agreed to settle the map of their “spheres of influence” in the event of a future “territorial and political rearrangement” of the territories of the then independent countries of central and eastern Europe, including the three Baltic States of Lithuania, Latvia and Estonia. After Germany’s invasion of Poland on 1 September 1939 and the subsequent start of the Second World War, the Soviet Union began exerting considerable pressure on the governments of the Baltic States with a view to taking control of those countries pursuant to the Molotov-Ribbentrop Pact and its additional protocol. 13. Following an ultimatum to allow an unlimited number of Soviet troops to be stationed in the Baltic countries, on 16-17 June 1940 the Soviet army invaded Latvia and the other two independent States. The government of Latvia was removed from office, and a new government was formed under the direction of the Communist Party of the Soviet Union (“the CPSU”), the USSR’s only party. From 21 July to 3 August 1940 the Soviet Union completed the annexation of Latvia, which became part of the USSR under the name “Soviet Socialist Republic of Latvia” (“Latvian SSR”). 14. The applicant was born in Riga into a Russian-speaking family. In 1971 she joined the Communist Party of Latvia (“the CPL”) while studying at the University of Latvia in Riga. The CPL was in fact a regional branch of the CPSU. From 1972 to 1990 the applicant worked as a lecturer at the University of Latvia. Throughout this period she was a member of the CPL. 15. In the late 1980s there was considerable social pressure in Latvia, as in other east European countries, for the democratisation of political life. As a result of the newly introduced freedom of expression in the territory of the Soviet Union, mass political movements were formed in Latvia, as well as in the other Baltic States, condemning the annexation of the country, asserting the need to construct a new society based, inter alia, on Latvian identity and values, and emphasising the need to restore State independence. 16. The first independent elections under the Soviet regime took place on Latvian territory in March 1990. The applicant was elected to the Supreme Council (Augstākā Padome) of the Latvian SSR as a representative for the Pļavnieki constituency in Riga. She subsequently joined the CPL’s local branch. In April 1990 this branch selected her to attend the CPL’s 25th Congress, where she was elected to the party’s Central Committee for Supervision and Audit. According to copies of that committee’s minutes, the applicant was a member of a sub-committee responsible for supervising the implementation of decisions and activities arising from the CPL programme. 17. At the same congress, a group of delegates expressed their disagreement with the CPL’s general policy, which remained loyal to the Soviet Union and the CPSU. According to those delegates, the CPL was opposed to any democratisation of public life and sought to maintain the status quo of the Soviet rule. These delegates publicly announced their withdrawal from the CPL and established a new party, the “Independent Communist Party of Latvia”, which immediately declared its support for Latvian independence and for a multi-party political system. The applicant did not join the dissident delegates and remained with the CPL. 18. On 4 May 1990 the Supreme Council adopted a Declaration on the Restoration of the Independence of the Republic of Latvia, which declared Latvia’s incorporation into the USSR unlawful and void and restored legal force to the fundamental provisions of the Latvian Constitution (Satversme) of 1922. However, paragraph 5 of the Declaration introduced a transition period, aimed at a gradual restoration of genuine State sovereignty as each institutional tie with the USSR was severed. During that transition period, various provisions of the Constitution of the Latvian SSR would remain in force. A special governmental commission was given responsibility for negotiating with the Soviet Union on the basis of the Russo-Latvian Peace Treaty of 11 August 1920.
The above-mentioned Declaration was adopted by 139 out of a total of 201 Supreme Council members, with one abstention. Fifty-seven members of the Līdztiesība parliamentary bloc (“Equal Rights”, in fact the CPL group), including the applicant, did not vote. On the same day, 4 May 1990, the Central Committee of the CPL adopted a resolution strongly criticising the Declaration and calling on the President of the Soviet Union to intervene. 19. On 7 May 1990 the Supreme Council approved the government of the independent Republic of Latvia. 20. On the evening of 12 January 1991 the Soviet army launched military operations against the neighbouring country of Lithuania, whose government had been formed in the same way as the Latvian government. Soviet troops entered the television tower of Vilnius and the headquarters of Lithuanian public television, and also tried to take the seats of the Lithuanian parliament and other authorities. Massive crowds, made up of Lithuanian citizens, came to the rescue of the institutions of the newly independent Lithuania. Thirteen Lithuanian civilians were killed and hundreds injured during the clash with the Soviet army. 21. The parties disagree as to who was responsible for the deaths during the events in Vilnius on 12-13 January 1991. According to the respondent Government, the CPSU was directly responsible for those deaths, in that it had full and effective control of the Soviet troops. The applicant contested the Government’s version, stating that the Soviet army’s aggression against the Lithuanian government and the Lithuanian people was not a proven fact; in this connection, she submitted a copy of a Russian newspaper article which alleged that it had been the Lithuanian independence supporters themselves who fired into the crowd with the aim of discrediting the Soviet army. 22. At the same time, an attempted coup was launched in Latvia. On 13 January 1991 the plenum of the CPL Central Committee called for the resignation of the Latvian government, the dissolution of the Supreme Council and the assumption of full powers by the Latvian Public Rescue Committee (Vislatvijas Sabiedriskās glābšanas komiteja), set up on the same date by several organisations including the CPL. On 15 January 1991 this committee announced that the Supreme Council and the government were stripped of their respective powers and declared that it was assuming full powers. After causing the loss of five civilian lives and injuries to thirty-four persons during armed clashes in Riga, this attempted coup failed. 23. According to the respondent Government, it was absolutely clear that the attempted coup in Latvia was launched by the CPL against the background of the Vilnius events, in the hope that Soviet troops would also invade Riga to support the pro-Soviet coup. The applicant submitted that, at the material time, a series of public demonstrations had been held in Latvia to protest against the rise in food prices introduced by the Latvian government; those demonstrations were thus the main reason for the events of January 1991. The applicant also emphasised that, in their respective statements of 13 and 15 January 1991, the plenum of the CPL Central Committee and the Latvian Public Rescue Committee had not only called for and announced the removal of the Latvian authorities, but had also stated that early elections would be held for the Supreme Council. 24. On 3 March 1991 a national plebiscite was held on Latvian territory. Electors had to reply to a question worded as follows: “Do you support a democratic and politically independent Republic of Latvia?” According to figures supplied by the Government, 87.5% of all residents registered on the electoral roll voted, and 73.6% of them replied in the affirmative. According to the Government, this was a genuine national referendum, confirming the support of the overwhelming majority of the Latvian population for the idea of national independence. The applicant maintains that it was a simple consultative vote and contests the above-mentioned turnout, and thus the very legitimacy of the plebiscite. 25. On 19 August 1991 there was an attempted coup in Moscow. The self-proclaimed “National State of Emergency Committee” announced that Mr Gorbachev, President of the USSR, was suspended from his duties, declared itself the sole ruling authority and imposed a state of emergency “in certain regions of the USSR”. 26. On the same day the Central Committee and the Riga Committee of the CPL declared their support for the National State of Emergency Committee and set up an “operational group” to provide assistance to it. According to the Government, on 20 August 1991 the CPL, the Līdztiesība parliamentary bloc and various other organisations signed and disseminated an appeal entitled “Godājamie Latvijas iedzīvotāji!” (“Honourable residents of Latvia!”), urging the population to comply with the requirements of the state of emergency and not to oppose the measures imposed by the National State of Emergency Committee in Moscow. According to the applicant, the CPL’s participation in all those events has not been proved; in particular, the members of the Līdztiesība bloc were taking part in parliamentary debates over two consecutive days and were not even aware that such an appeal was to be issued. 27. This coup also failed. On 21 August 1991, the Latvian Supreme Council enacted a constitutional law on the status of the Republic of Latvia as a State and proclaimed the country’s immediate and absolute independence. Paragraph 5 of the Declaration of 4 May 1990, concerning the transition period, was repealed. 28. By a decision of 23 August 1991, the Supreme Council declared the CPL unconstitutional. The following day, the party’s activities were suspended and the Minister of Justice was instructed “to investigate the unlawful activities of the CPL and to put forward ... a motion on the possibility of authorising its continued operations”. On the basis of the proposal by the Minister of Justice, the Supreme Council ordered the party’s dissolution on 10 September 1991. 29. In the meantime, on 22 August 1991 the Supreme Council set up a parliamentary committee to investigate the involvement of members of the Līdztiesība bloc in the coup. On the basis of that committee’s final report, on 9 July 1992 the Supreme Council revoked fifteen members’ right to sit in Parliament. The applicant was not one of those concerned. 30. In February 1993 the applicant became chairperson of the Movement for Social Justice and Equal Rights in Latvia (Kustība par sociālo taisnīgumu un līdztiesību Latvijā), which later became a political party, Līdztiesība (“Equal rights”). 31. On 5 and 6 June 1993 parliamentary elections were held in accordance with the restored Constitution of 1922. For the first time since Latvian independence had been regained, the population elected the parliament (Saeima), which took over from the Supreme Council. It was at that point that the applicant’s term of office as a member of parliament expired. As a result of the Latvian authorities’ refusal to include her on the residents’ register as a Latvian citizen, she was unable to take part in those elections, in the following parliamentary elections held in 1995, or in the municipal elections of 1994. Following an appeal by the applicant, the courts recognised her as holding Latvian nationality by right in January 1996, on the ground of her being a descendant of a person who had possessed Latvian nationality before 1940. The courts therefore instructed the electoral authorities to register the applicant and to supply her with the appropriate documents. 32. By a final judgment of the Supreme Court of 27 July 1995, A.R. and O.P., formerly the most senior officials of the CPL, were found guilty of attempting to overthrow the legitimate authorities of independent Latvia by violent means. The judgment accepted, inter alia, the following circumstances as historical facts:
(a) Having failed to obtain a majority on the Supreme Council in the democratic elections of March 1990, the CPL and the other organisations listed in section 5(6) of the Parliamentary Elections Act decided to take the unconstitutional route and set up the Latvian Public Rescue Committee, which attempted to usurp power and to dissolve the Supreme Council and the legitimate government of Latvia. Such actions were contrary not only to Article 2 of the 1922 Constitution, which stated that sovereign power was vested in the people, but also to Article 2 of the Constitution of the Latvian SSR, which conferred authority to act on behalf of the people on elected councils (soviets) alone.
(b) The Central Committee of the CPL provided financial support to the special unit of the Soviet police which was entirely responsible for the fatal incidents of January 1991 (see paragraphs 22-23 above); at the same time, the Latvian Public Rescue Committee publicly expressed its support for this militarised body.
(c) During the coup of August 1991 the Central Committee of the CPL openly declared its support for the National State of Emergency Committee, set up an “operational group” with a view to providing assistance to it and published an appeal calling on the public to comply with the regime imposed by this self-proclaimed and unconstitutional body. 33. On 25 January 1997 the Movement for Social Justice and Equal Rights in Latvia submitted to the Riga Electoral Commission a list of ten candidates for the forthcoming municipal elections of 9 March 1997. The applicant was one of those candidates. In accordance with the requirements of the Municipal Elections Act, she signed the list and attached a written statement confirming that she was not one of the persons referred to in section 9 of that Act. Under the terms of the Act, individuals who had “actively participated” (darbojušās) in the CPSU, the CPL and several other named organisations after 13 January 1991 were not entitled to stand for office. In a letter sent on the same day, the applicant informed the Electoral Commission that she had been a member of the CPL’s Pļavnieki branch and of its Central Committee for Supervision and Audit until 10 September 1991, the date of the CPL’s official dissolution. However, she argued that the restrictions mentioned above were not applicable to her, since they were contrary to Articles 2 and 25 of the International Covenant on Civil and Political Rights. 34. By a decision of 11 February 1997, the Riga Electoral Commission registered the list submitted by the applicant. At the elections of 9 March 1997 this list obtained four of the sixty seats on Riga City Council (Rīgas Dome). The applicant was one of those elected. 35. With a view to participating in the parliamentary elections of 3 October 1998, the Movement for Social Justice and Equal Rights in Latvia formed a coalition with the Party of National Harmony (Tautas Saskaņas partija), the Latvian Socialist Party (Latvijas Sociālistiskā partija) and the Russian Party (Krievu partija). The four parties formed a united list entitled “Party of National Harmony”. The applicant appeared on this list as a candidate for the constituencies of Riga and Vidzeme.
On 28 July 1998 the list was submitted to the Central Electoral Commission for registration. In accordance with the requirements of the Parliamentary Elections Act, the applicant signed the list and attached to it a written statement identical to the one she had submitted prior to the municipal elections. As she had done for the 1997 elections, she likewise sent a letter to the Central Electoral Commission explaining her situation and arguing that the restrictions in question were incompatible with the International Covenant on Civil and Political Rights and with Article 3 of Protocol No. 1 to the Convention. 36. On 29 July 1998 the Central Electoral Commission suspended registration of the list on the ground that the applicant’s candidacy did not meet the requirements of the Parliamentary Elections Act. Not wishing to jeopardise the entire list’s prospects of being registered, the applicant withdrew her candidacy, after which the list was immediately registered. 37. By a letter of 7 August 1998, the President of the Central Electoral Commission asked the Prosecutor General to examine the legitimacy of the applicant’s election to the Riga City Council. 38. By a decision of 31 August 1998, a copy of which was sent to the Central Electoral Commission, the Office of the Prosecutor General (Ģenerālprokuratūra) noted that the applicant had not committed any act defined as an offence in the Criminal Code. The decision stated that, although the applicant had provided false information to the Riga Electoral Commission regarding her participation in the CPL, there was nothing to prove that she had done so with the specific objective of misleading the commission. In that connection, the prosecutors considered that the statement by the applicant, appended to the list of candidates for the elections of 9 March 1997, was to be read in conjunction with her explanatory letter of 25 January 1997. 39. On 14 January 1999 the Office of the Prosecutor General applied to the Riga Regional Court for a finding that the applicant had participated in the activities of the CPL after 13 January 1991. The prosecutors attached the following documents to their submission: the applicant’s letter of 25 January 1997; the minutes of the meeting of 26 January 1991 of the CPL’s Central Committee for Supervision and Audit; the minutes of the joint meeting of 27 March 1991 of the Central Committee for Supervision and Audit and the municipal and regional committees for supervision and audit; and the annexes to those minutes, indicating the structure and composition of the said committee and a list of the members of the Audit Committee at 1 July 1991. 40. Following adversarial proceedings, the Riga Regional Court allowed the prosecutors’ request in a judgment of 15 February 1999. It considered that the documents in its possession clearly attested to the applicant’s active participation in the party’s activities after the critical date, and that the evidence provided by the applicant was insufficient to refute this finding. Consequently, the court dismissed the applicant’s arguments to the effect that she was only formally a member of the CPL, did not participate in the meetings of its Central Committee for Supervision and Audit and that, accordingly, she could not be held to have “acted”, “been a militant” or “actively participated” (darboties) in the party’s activities. 41. The applicant appealed against this judgment to the Civil Division of the Supreme Court. On 12 November 1999 the Civil Division began examining the appeal. At the oral hearing, the applicant submitted that the content of the above-mentioned minutes of 26 January and 27 March 1991, referring to her by name, could not be held against her since on both those dates she had been carrying out her duties in the Latvian Supreme Council and not in the CPL. After hearing evidence from two witnesses who stated that the applicant had indeed been present at the Supreme Council, the Division suspended examination of the case in order to enable the applicant to submit more cogent evidence in support of her statements, such as a record of parliamentary debates or minutes of the Līdztiesība parliamentary bloc’s meetings. However, as the above-mentioned minutes had not been preserved by the Parliamentary Record Office, the applicant was never able to produce such evidence. 42. By a judgment of 15 December 1999, the Civil Division dismissed the applicant’s appeal. It stated that the evidence gathered by the Office of the Prosecutor General was sufficient to conclude that the applicant had actively taken part in the CPL’s activities after 13 January 1991. The Division further noted that the CPL’s dissolution had been ordered “in accordance with the interests of the Latvian State in a specific historical and political situation” and that the international conventions relied on by the applicant allowed for justified limitations on the exercise of electoral rights. 43. Following the Civil Division’s judgment, enforceable from the date of its delivery, the applicant was disqualified from electoral office and lost her seat as a member of Riga City Council. 44. The applicant applied to the Senate of the Supreme Court to have the Civil Division’s judgment quashed. She stressed, inter alia, the restriction’s incompatibility with Article 11 of the Convention. By a final order of 7 February 2000 the Senate declared the appeal inadmissible. In the Senate’s opinion, the proceedings in question were limited to a single strictly-defined objective, namely a finding as to whether or not the applicant had actively taken part in the CPL’s activities after 13 January 1991. The Senate concluded that it did not have jurisdiction to analyse the legal consequences of this finding, on the ground that this was irrelevant to the finding itself. In addition, the Senate noted that any such analysis would involve an examination of the Latvian legislation’s compatibility with constitutional and international law, which did not come within the final appeal court’s jurisdiction. 45. Proceedings similar to those against the applicant were also instituted against a small number of other CPL activists, not all of whom were recognised by the courts as having “actively participated” in the activities of the CPL after January 1991. 46. The next parliamentary elections took place on 5 October 2002. With a view to taking part in those elections, the Līdztiesība party, chaired by the applicant, formed an alliance entitled “For Human Rights in a United Latvia” (Par cilvēka tiesībām vienotā Latvijā, abbreviated to PCTVL) with two other parties, the Party of National Harmony and the Socialist Party. The alliance’s electoral manifesto expressly referred to the need to abolish the restrictions on the electoral rights of persons who had been actively involved in the CPL after 13 January 1991. 47. In spring 2002 the Executive Council of the Līdztiesība party put the applicant forward as a candidate for the 2002 elections; the Council of the PCTVL alliance approved this nomination. Shortly afterwards, however, on 16 May 2002, the outgoing parliament rejected a motion to repeal section 5(6) of the Parliamentary Elections Act. The alliance’s council, which was fully aware of the applicant’s situation and feared that her candidacy would prevent registration of the PCTVL’s entire list, changed its opinion and decided not to include her name on the list of candidates. The applicant then decided to submit a separate list containing only one name, her own, entitled “Party of National Harmony”. 48. On 23 July 2002 the PCTVL electoral alliance submitted its list to the Central Electoral Commission. In all, it contained the names of seventy-seven candidates for Latvia’s five constituencies. On the same date the applicant asked the commission to register her own list, for the constituency of Kurzeme alone. As she had done for the 1998 elections, she attached to her list a written statement to the effect that the disputed restrictions were incompatible with the Constitution and with Latvia’s international undertakings. On 25 July 2002 the commission registered both lists. 49. By a decision of 7 August 2002, the Central Electoral Commission, referring to the Civil Division’s judgment of 15 December 1999, removed the applicant from its list. In addition, having noted that the applicant had been the only candidate on the “Party of National Harmony” list and that, following her removal, there were no other names, the commission decided to cancel the registration of that list. 50. At the elections of 5 October 2002, the PCTVL alliance’s list obtained 18.94% of the votes and won twenty-five seats in Parliament. 51. Latvia became a member of the European Union on 1 May 2004. Prior to that date, on the basis of the European Parliament Elections Act (Eiropas Parlamenta vēlēšanu likums) of 12 February 2004, the applicant was granted permission to run in those elections. They were held on 12 June 2004 and the applicant was elected as a member of the European Parliament. | [
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6. The applicant was born in 1931 and lives in Hagimus. 7. Following the construction of a public road, her house was damaged and she brought an action against the Local Council. 8. On 1 June 2001 she obtained a judgment in her favour, according to which the Local Council was obliged to pay her 155,868 Moldovan lei (MDL). On 29 January 2002 the Chişinău Regional Court dismissed the Local Council’s appeal. On 11 April 2002 the Court of Appeal dismissed the Local Council’s appeal on points of law and the judgment became final. 9. It appears from the documents submitted by the applicant that on 21 May 2002 an enforcement warrant was sent by the Căuşeni District Court to the Căuşeni Department of Enforcement of Judgments. 10. The applicant complained to the Căuşeni District Court and to the Ministry of Justice on numerous occasions about the non-enforcement of the judgment favourable to her. 11. In a letter of 28 August 2002 the Ministry of Justice informed the applicant that during the enforcement proceedings the court decided to change the manner of enforcement of the judgment and on 29 July 2002 it issued a decision in that respect. That decision was challenged by one of the parties to the proceedings. 12. In the meantime, on 11 July 2002 the Prosecutor General’s Office filed a request for annulment of all the judgments, and asked the Supreme Court of Justice to re-open the proceedings. 13. On 2 October 2002 the Supreme Court of Justice upheld the request for annulment, quashed all the judgments and ordered the re-opening of the proceedings. The re-opened proceedings are still pending before the domestic courts. | [
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7. The applicants were born in 1974 and 1972 respectively and live in İstanbul. The first applicant is the owner of the monthly magazine “Revolution for Equality, Liberty and Peace” (Eşitlik, Özgürlük ve Barış için Devrim) and the second applicant is its editor-in-chief. 8. In the fifth and sixth issue of the magazine, three articles written by Mr C.K. were published. The articles were entitled “The Kurdish problem in Turkey and the peace process 2 and 3” and “The butcher of justice is once again at work”. 9. The first two articles “The Kurdish problem in Turkey and the peace process 2 and 3” read, inter alia, as follows:
“The Kurdish problem has taken the shape of an open war for the past thirteen years. (...) It must be firstly stated that the war waged by the State is a dirty war and that the Kurdish national struggle is a righteous resistance with a democratic content. (...) Today’s Kurdish problem is considered as a delayed national movement by most of the left and liberals. (...) To consider the Kurdish problem as a delayed national movement could lead to dangerous tendencies for both the Kurdish problem and Turkish politics. (...)[Kurdish] people are crushed (...). An inevitable imperative for the salvation of crushed people is the integration of the social revolution with the right to self determination. (...) In Turkey, the problem of people who are crushed is a Kurdish problem. Those who consider the Kurdish problem as a delayed national movement, see the present movement as a natural continuation of the Kurdish uprisings that occurred in the end of the 19th century and the beginning of the 20th century. (...) However, the main dynamic of the present movement is the (...) oppressed Kurdish people. The Kurdish problem can only be solved by considering it as a product of new colonialism and not by considering it as part of a classical colonial system. (...) The ruin of the region on account of the new colonial capitalism and fascism influenced the Kurdish people to embrace, in mid 1980’s, the national war flag of the PKK. (...) The objective revolutionary feature of the PKK (...) is not an excuse to dispense it from criticism. (...) A “democratic peace” struggle is not only to ask for the end of the ongoing war in the region. Of course, a ceasefire is the first and the compulsory step to peace. (...) The request for peace of the oppressed people and proletarians is part of the struggle against imperialism and oligarchy (...)” 10. The third article “The butcher of justice is once again at work” read, inter alia, as follows:
“Oltan Sungurlu, taking behind him a registry tainted by blood, became the Minister of Justice of the MGK Government. Prisoners, relatives of prisoners and human rights advocates know him from old times. Sungurlu, who has been the Minister of Justice for the fourth time, is directly responsible for the prison policies of the ANAP governments. He is against the abolition of death penalty. [He is] the architect of the Regulation of 1st August. He is the minister who transferred the prisoners who were on hunger strike against this Regulation. He is responsible in the first degree for the deaths of M.Y. and H.H.E. who died during a transfer of 12 hours following 35 days of hunger strike (...) Oltan Sungurlu does not deny that they are considering a transition to cell-type prisons. He thinks that he can convince the public and those who visit him because he has found a good pretext for the application of this policy. He is trying to legitimise cell-type prisons by [pointing to] the recent bloodshed in Bayrampaşa prison and the quarrels between prisoners. According to Sungurlu, the State cannot protect the life of a 20 year old who it has put into prison (...). The main policy of pressure, targeting particularly political prisoners, is the usurpation of their right to communication and to receive information. (...) Books, journals and magazines are arbitrarily censored by the prison administration. (...) On the other hand, even letters to prisoners are censored (...) the problem of overcrowding is continuing. 60-70 people are imprisoned in dormitories of a capacity of 30-35. (...) The medical assistance to ill prisoners and suspects are arbitrarily obstructed or delayed. (...)” 11. By two indictments, dated 24 June and 9 September 1997, the public prosecutor at the İstanbul State Security Court accused the applicants of disseminating propaganda against the “indivisible unity of the State” and of designating a person as a target in publishing these three articles. The charges were brought under Articles 6 and 8 of the Law no. 3713. 12. On 5 June 1998 the cases before the İstanbul State Security Court were joined. 13. Before the court, the applicants submitted that the content of the articles remained within the limits of freedom of expression. 14. On 24 August 1998 the İstanbul State Security Court convicted the applicants as charged. They were fined 150,000,000 Turkish Liras (TRL) (approximately 500 euros (EUR)) and TRL 75,900,000 (approximately EUR 252) respectively. The court further ordered the closure of the magazine for a month and the confiscation of the fifth and sixth issues of the newspaper. 15. In its decision, the State Security Court relied on the following passages of the articles “The Kurdish problem in Turkey and the peace process 2 and 3”:
“[Kurdish] people are crushed (...). An inevitable imperative for the salvation of crushed people is the integration of the social revolution with the right to self determination. (...) In Turkey, the problem of people who are crushed is a Kurdish problem. The Kurdish problem has taken the shape of an open war for the past thirteen years. It must be firstly stated that the war waged by the State is a dirty war and that the Kurdish national struggle is a righteous resistance with a democratic content.” 16. The court held that with the first two articles, the applicants spread propaganda against the indivisibility of the State. As regards the third article, the court found that the article in question referred to the Minister of Justice as a “butcher of justice” and, as a result, designated him as a target for terrorist organisations. 17. On 22 June 1999 the Court of Cassation upheld the judgment of the State Security Court. 18. Following the entry into force on 28 August 1999 of Law No. 4454 concerning the suspension of pending cases and penalties in media-related offences, the İstanbul State Security Court decided to suspend the execution of the applicants’ sentences, for a period of three years, on 24 November 1999 and 14 January 2000 respectively. 19. By an additional judgment (ek karar) dated 6 June 2003, the İstanbul State Security Court, taking into account that the applicants had not committed any intentional offence during the three years since the date of deferment, nullified the applicants’ condemnation together with all its consequences pursuant to Article 2 of Law no. 4454. 20. At no time during the criminal proceedings were the applicants detained. | [
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8. The applicant was born in 1954 and lives in Paphos. 9. The applicant is a gynaecologist. On 10 October 1994, a pregnant woman, Mrs A., died at the hospital of Paphos after being transferred there from a private clinic. The applicant, who had been her medical practitioner, had taken the decision to transfer her to hospital because he had been unable to detect at the clinic the cause of a haemorrhage from which she had been suffering. 10. On 7 August 1995 the administrators of the estate of the deceased lodged a civil action against the applicant before the District Court of Paphos claiming damages for alleged medical negligence on his part. 11. The parties’ pleadings were completed between 4 September 1995 and 22 December 1995. Within this period the court dealt with an application by the applicant for dismissal of the action for want of prosecution on the basis of the plaintiffs’ failure to deliver their statement of claim within the required time. This application was withdrawn by the applicant and then dismissed by the court once the plaintiffs filed their statement of claim. 12. On 9 January 1996, the applicant filed an application requesting that a preliminary point of law be examined before the hearing of the action. In particular, the applicant claimed that the action ought to have been dismissed on the ground that another action, that had been filed earlier and concerned the death of the same person, was also pending before the same district court. Initially, the plaintiffs were granted time to file an objection to the application but when they subsequently withdrew the action they had previously lodged, the applicant proceeded on 22 May 1996 to withdraw his own application claiming his costs. Accordingly, the court dismissed the application, awarding the applicant his costs. 13. On 22 August 1996 the plaintiffs applied to the court to fix the case for mention or hearing. Subsequently, on 5 September 1996 the district court fixed the action for mention for 27 September 1996 and then for hearing for 5 December 1996. However, on that date the court adjourned the hearing until 28 February 1997, at the plaintiffs’ request and with the applicant’s consent, in view of the fact that one of their witnesses was unable to attend and testify for their case on that particular date. 14. The hearing commenced on 28 February 1997 and was completed on 17 July 1997 with the parties’ final addresses. Approximately ten hearing sessions were held in this period involving the hearing of testimony and the cross-examination of sixteen witnesses. Within this period two short adjournments took place, one by the court itself and one at the plaintiffs’ request. The applicant did not object to these adjournments. 15. On 9 October 1997 the Paphos District Court delivered its judgment. It held that the applicant was liable for medical negligence causing death, and ordered him to pay by way of damages an amount of 46,200 Cypriot pounds (CYP) plus interest to the deceased’s dependants, as well as one third of the plaintiffs’ costs. 16. On 19 November 1997 the applicant appealed to the Supreme Court against the first instance judgment. He based his appeal on a total of thirty one grounds pertaining to the appraisal of the evidence given at first instance as well as the damages awarded. 17. In this connection, the applicant stated that on 24 November 1997 he applied to the Supreme Court to have the appeal fixed for hearing (and provides a copy of this application) whereas the Government maintained that none of the parties made such an application and that on 10 September 1998 the Supreme Court fixed the appeal, ex proprio motu, for pre-trial directions for 27 October 1998. 18. On 27 October 1998, the Supreme Court gave directions to the parties to file the outlines of their addresses. Accordingly, the applicant filed the outline of his address on 8 December 1998. On 25 January 1999 the Supreme Court fixed the hearing for 22 March 1999. In the meantime, the plaintiffs asked for an extension of forty-five days for submitting their own address. This was granted and the plaintiffs filed their address on 18 March 1999. On 14 June 1999 the parties were notified by the Registrar of the Supreme Court that the appeal was fixed for a hearing for 27 September 1999. On that date the hearing was adjourned at the plaintiffs’ request. On 15 November 1999 the parties were notified by the court that the hearing would take place on 21 January 2000. Finally, after an adjournment decided ex officio by the court on 21 January 2000, the hearing was held on 25 January 2000. 19. On 14 July 2000, the Supreme Court partially upheld the appeal and ordered a new trial as well as a reduction in the amount of damages that had been set by the district court. 20. On 5 September 2000 the case was assigned to a Senior District Judge who subsequently fixed it for directions on 27 September 2000 and then for 26 October 2000. On that date, with the parties’ consent, the hearing was set for 1 December 2000. However, on 3 November 2000, the plaintiffs’ lawyers applied for an adjournment of the hearing since they had hearings in other cases on 1 December 2000 and, also, certain of their key witnesses could not be present. The applicant proceeded to file a written objection dated 25 November 2000 in which he stressed that the adjournment was a contrary to Article 6 of the Convention in view of the fact that his case was old and pressing. On 29 November 2000 the Supreme Court issued an interim decision upholding the plaintiffs’ application. Accordingly, the hearing was adjourned and was fixed for 8 and 12 January 2001. 21. On 8 January 2001, the parties’ lawyers informed the court that they had reached an agreement settling their dispute. In particular, taking into account the circumstances of the case, they agreed on an ex gratia basis that the applicant would pay the plaintiffs, without any admission of liability, CYP 23,000, plus CYP 750 for legal and expert costs. Accordingly, the Supreme Court issued a judgment against the applicant ordering him to pay the above amounts to the plaintiffs, with a stay of execution of the judgment for twelve months on condition that the applicant paid the above amounts by monthly instalments of CYP 2,000 as from 1 February 2001. | [
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4. The applicant was born in 1929 and lives in Maastricht, the Netherlands. 5. In May 1995 a certain A.Š. broke in and occupied the applicant’s summer house in Sabunike near Zadar. Following the applicant’s successful civil action, on 8 October 2001 A.Š. vacated the house. 6. On 3 February 1996 the Amendment to the Civil Obligations Act (“the 1996 Amendment”) entered into force. It provided that all proceedings concerning actions for damages resulting from terrorist acts or acts of violence were to be stayed pending the enactment of new legislation on the subject. 7. On 20 March 1999 the applicant brought a civil action against the State and the County of Zadar (Županija Zadarska – “the County”) with the Zadar Municipal Court seeking damages. He argued that the State and the County were liable for A.Š.’s breaking into his house and the ensuing damage. In particular, the applicant sought compensation for the rent lost due to the prolonged inability to let the house to tourists and for the value of the stolen movable property. 8. On 25 May 2000 the Municipal Court dismissed the applicant’s claim. It found that A.Š.’s act was not to be qualified as an act of violence for which the State or the County was liable. Accordingly, there was no need to stay the proceedings pursuant to the 1996 Amendment. The applicant appealed. 9. On 17 April 2002 the Zadar County Court quashed the first-instance judgment and remitted the case. It found that the subject-matter of the case was to be considered an act of violence for which the State or the County was liable. Accordingly, it instructed the Municipal Court to stay the proceedings pursuant to the 1996 Amendment. 10. On 30 April 2002 the Municipal Court stayed the proceedings. 11. On 31 July 2003 the Act on Liability for Damage Resulting from Terrorist Acts and Public Demonstrations (“the 2003 Liability Act”) entered into force. 12. Pursuant to the 2003 Liability Act, on 15 February 2005 the Municipal Court resumed the proceedings and scheduled a hearing for 11 April 2005. | [
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6. The applicant was born in 1954 and lives in Gütersloh, Germany. He is also acting on behalf of his daughter Anna Kemper. 7. The applicant is married and lives with his wife and two children born in wedlock. His daughter Anna, whose mother, Ms Kemper, died after having given birth to her, was born out of wedlock on 29 December 1993. Due to her premature birth and a so-called hydrocephalous she had developed, Anna needed constant medical supervision. She stayed in hospital until 11 March 1994 and has since then been living with Mr P. and his wife Mrs P., her mother’s half-sister. 8. On 3 January 1994 the applicant lodged a motion with the Gütersloh District Court to appoint him as Anna’s guardian. On 9 March 1994 a judicial officer of the District Court granted Mr and Mrs P.’s motion to appoint them as Anna’s guardians and dismissed the applicant’s respective motion. The District Court found in particular that the applicant was not in a position to ensure that his daughter received the intensive care and medical treatment she needed on account of her illness. 9. On 28 December 1994 the Bielefeld Regional Court dismissed the applicant’s appeal against the District Court’s decision after having heard the parties twice. On 26 February 1996 the Hamm Court of Appeal dismissed the applicant’s further appeal regarding his request for appointment as guardian. Insofar as the appointment of both Mrs and Mr P. as guardians was concerned, the Court of Appeal remitted the case to the District Court as, pursuant to the applicable provisions of the Civil Code, only one person should have been appointed. 10. On 3 April 1996 a judicial officer of the Gütersloh District Court discharged Mr P. as Anna’s guardian, finding that Mrs P. was taking care of the child in the first place. On 3 June 1996 the Bielefeld Regional Court dismissed the applicant’s appeal against the District Court’s decision. On 20 May 1997 the Hamm Court of Appeal dismissed the applicant’s further appeal. 11. On 13 December 2000 the Federal Constitutional Court refused to admit the applicant’s constitutional complaints lodged on 21 March 1996 and on 30 June 1997 respectively against the above-mentioned decisions of the guardianship courts in a joint decision. The decision was sent to the applicant on 27 December 2000. 12. On 27 March 1995 the applicant lodged a motion with the Rheda‑Wiedenbrück District Court to be granted access to his daughter. On 23 February 1996 the District Court dismissed the applicant’s request to be granted access to Anna by way of an interim injunction. On 28 May 1997 the District Court, after having held three hearings, dismissed the applicant’s request for access. It notably found that due to Anna’s fragile state of health and psychological condition and the extreme enmity between the applicant and Mrs P. access would have a detrimental effect on Anna’s well-being. 13. On 22 January 1998 the Bielefeld Regional Court, without holding a hearing, dismissed the applicant’s appeal. 14. On 13 December 2000 the Federal Constitutional Court, without giving further reasons, refused to admit the applicant’s constitutional complaint lodged on 27 February 1998. The decision was served on the applicant on 28 December 2000. | [
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8. The applicant was born in 1953 and lives in Slavyansk-na-Kubani in the Krasnodar Region. 9. The applicant is a former member of the armed forces. In 1993, after serving on the island of Sakhalin, he retired and moved to Slavyansk-na-Kubani in the Krasnodar Region. He applied to the Slavyansk Town Council for State housing aid. He was put on a waiting list but, since that had no effect, he brought proceedings against the Town Council in the Slavyansk Town Court. 10. On 31 March 1998 the Slavyansk Town Court received a letter from the President of the Krasnodar Regional Court (no. 03-06, dated 11 March 1998). The letter, which was distributed to the presidents of all the town and district courts in the region, recommended that, in order to allow the local authorities to function properly, the courts refrain from seizing their bank accounts when giving judgments in cases brought against them by individuals for recovery of pensions and social benefits including State housing aid, and that they provide, in the operative provisions of judgments in such cases, that payments be made as soon as funds were received from an appropriate State budget (district, town, regional or federal) and in the order set out on a waiting list drawn up by the defendant authority. 11. On 6 April 1998 the Town Court examined the case. The Town Council submitted at the hearing that the applicant was entitled by law to State housing aid for retired military personnel. However, for the past few years it had not received any funds from the federal budget for that purpose. The court found that the applicant, as a retired serviceman, met the statutory requirements for entitlement to State housing aid financed by the federal budget. In the operative provisions of its judgment of 6 April 1998 the court ordered:
“that the sum of 113,040 roubles be recovered from the Slavyansk-na-Kubani Town Council in the Krasnodar Region in favour of Vladimir Nikolayevich Konovalov, as a person discharged from military service and transferred to the reserve, as a grant for the purchase of housing;
that payment be made from the federal budget of the Russian Federation, upon receipt of funds from the budget and subject to the waiting list.
The judgment may be appealed against to the Krasnodar Regional Court through the Slavyansk Town Court within a ten-day term.”
The authority did not appeal and the judgment of 6 April 1998 became final on 17 April 1998. On 19 May 1998 the court issued a writ of execution. According to the applicant, enforcement proceedings were initiated on the same day. 12. On 4 and 17 December 1998 the Ministry of Finance and the local authority responded to an enquiry from the applicant, informing him about the lack of federal funds for the payment of State housing aid to him. 13. As the judgment had not been executed, the applicant brought an application for index-linking of the award in line with an increase in the market prices of immovable property. At a hearing before the Town Court the defendant town council did not object to the applicant’s claim. In a judgment of 19 April 2000 the Town Court increased the amount awarded to the applicant in the judgment of 6 April 1998 for the purchase of housing to 377,020 Russian roubles (“RUR”). In the operative provisions of the judgment the court ordered:
“that the sum of 377,020 roubles be recovered from the Slavyansk-na-Kubani Town Council in the Krasnodar Region in favour of Vladimir Nikolayevich Konovalov as a grant for the purchase of housing;
that the payment be made from the federal budget of the Russian Federation, upon receipt of funds from the budget and subject to the waiting list.
The judgment may be appealed against to the Krasnodar Regional Court through the Slavyansk Town Court within ten days.” 14. In a letter of 28 April 2000 the Krasnodar regional prosecutor’s office informed the applicant that the local authority had not received funds from the federal budget for the payment of State housing aid to retired servicemen. 15. According to the applicant, enforcement proceedings in respect of the judgment of 19 April 2000 were initiated on 11 May 2000. According to the Government, the applicant lodged a writ of execution to that end with the court bailiffs on 30 October 2000. Neither party submitted a copy of the relevant documents to the Court. 16. The judgments of 6 April 1998 and 19 April 2000 were not executed. 17. On 13 October 2000 the Krasnodar regional prosecutor’s office lodged two applications for supervisory review of the judgments. It requested that the judgments be quashed and a fresh examination of the applicant’s case be ordered. 18. In a decision of 2 November 2000 the Presidium of the Krasnodar Regional Court granted the application concerning the judgment of 6 April 1998, quashed that judgment on the ground that it conflicted with substantive and procedural laws and ordered a fresh examination of the case. 19. On 20 December 2000 the Town Court discontinued proceedings in the case relating to the judgment of 19 April 2000. 20. Applications by the applicant for the decision of 2 November 2000 to be quashed by way of supervisory review were rejected by the Supreme Court, as follows from its letters of 17 January and 19 March 2001. 21. On 22 March 2001 the applicant informed the Town Court that he wished to withdraw his action and requested that the proceedings for a fresh examination of his case, as ordered by the supervisory court’s decision of 2 November 2000, be discontinued. The applicant explained that he had done so because he had been assured by the head of the Town Council that he would be given a certificate to receive free housing. In a decision of 22 March 2001 the Town Court granted his request and discontinued the proceedings. The applicant did not appeal against that decision. On 3 April 2001 the enforcement proceedings were discontinued. 22. In August 2001 the applicant learned that the Town Council had refused to give him the housing certificate. | [
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8. The applicant was born in 1933 and lives in Amorosi (Benevento). 9. In a judgment deposited with the court's registry on 30 June 1997, the Benevento District Court made a winding-up order in respect of the applicant's company, a beverage company, and also declared the applicant personally bankrupt. 10. On 15 October 1997 the trustee in bankruptcy filed a report. 11. On 9 April 1998 the bankruptcy judge (“the judge”) checked the statement of liabilities of the bankrupt estate and on 7 June 1999 declared it judicially established (esecutivo). 12. On 1, 5 and 9 July 1999 respectively the companies C.D.O., C.C.C. and F.C. instituted proceedings contesting the statement of liabilities. 13. At a hearing held on 14 April 2000, the judge ordered the striking out of the action brought by the company F.C. as being out of time. 14. On 18 December 2000 the trustee in bankruptcy requested the creditors' committee to give its opinion on the possible sale of two lorries in very poor condition which were listed in the statement of assets. 15. On 8 January 2001 the trustee in bankruptcy requested the judge to declare the lorries unfit for sale (illiquidabili) so that the proceedings could be terminated. 16. On 5 February 2001 the trustee in bankruptcy filed the revenue and expenditure account, which the judge approved on 12 March 2001. 17. By a decision deposited with the registry on 20 March 2001, the judge terminated the bankruptcy proceedings for lack of any further assets to distribute. 18. The decision was posted in the District Court on 23 March 2001. It became final on 7 April 2001. | [
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4. The applicant was born in 1977 and lives in Zielona Góra, Poland. 5. On 19 December 1999 the applicant was arrested by the police on suspicion of kidnapping a certain J.M. On 21 December 1999 the Zielona Góra District Court (Sąd Rejonowy) ordered that the applicant be remanded in custody until 19 March 2000 in view of the reasonable suspicion that he had committed the offence in question and the fear that, given the severity of the anticipated penalty, he might go into hiding or otherwise obstruct the proceedings against him. 6. On 1 February 2000 the Zielona Góra Regional Prosecutor (Prokurator Okręgowy) refused the applicant’s counsel’s request to release him under police supervision. The Prosecutor reasoned that there was the risk that the applicant would induce other suspects to give false testimony or attempt to disclose the anonymous witnesses. The Poznań Appellate Prosecutor (Prokurator Apelacyjny) upheld that decision on 16 February 2000. 7. On 9 March 2000 the Krosno Odrzańskie District Court prolonged the applicant’s detention until 19 June 2000. The court repeated the reasons previously given for the applicant’s detention. 8. Later, the applicant was charged relating to the homicide of J.M. 9. On 13 June 2000 the Poznań Court of Appeal (Sąd Apelacyjny), on an application from the Zielona Góra Regional Prosecutor (Prokurator Okręgowy) prolonged the applicant’s detention pending the investigation until 19 September 2000. It fully upheld the reasons originally given for his detention. 10. The applicant repeatedly – but unsuccessfully – asked for release, arguing that the charges against him had no factual basis. 11. On 6 September 2000 the Zielona Góra Regional Court (Sąd Okręgowy) prolonged the applicant’s detention until 19 December 2000, finding that the grounds originally given for keeping him in custody were still valid. 12. On 23 February 2001 the Prosecutor filed the bill of indictment with the homicide of J.M. 13. The Regional Court subsequently extended the applicant’s detention until 8 June 2001. The relevant decisions were given on 12 December 2000 and 12 March 2001 respectively. The court reiterated the original grounds for his detention and added that the suspicion against the applicant was confirmed by evidence given by 2 anonymous witnesses and that, given that 2 of his 3 accomplices were still being searched for by an international “wanted” notice, the risk that he might obstruct justice was considerable. 14. Between March 2002 and the end of December 2003 the Poznań Court of Appeal prolonged the applicant’s detention on 6 occasions. Those decisions were given on the following dates: 12 March, 6 June and 14 November 2002 and 26 March, 27 June and 29 December 2003. On the last of those dates, his detention was extended until 30 June 2004. 15. In all those decisions, the Court of Appeal reiterated that there was a reasonable suspicion that the applicant had committed the serious offences with which he had been charged. It considered that, given the severity of the anticipated sentence and the risk that the applicant might tamper with evidence, keeping him in detention was necessary to secure the proper conduct of the proceedings. It also found that there were no special grounds, as specified in Article 259 of the Code of Criminal Procedure, that would justify lifting the detention and imposing less severe measures. 16. Throughout the trial the applicant made several unsuccessful applications for release and appealed, likewise unsuccessfully, against the decisions extending his detention. 17. In the decision given on 29 December 2003, the Court of Appeal also stressed that keeping the applicant in custody was necessary in view of the fact that the Regional Court had – due to certain procedural flaws – to restart the trial and to rehear all evidence that had so far been taken. It further considered that his detention had to be prolonged because the Regional Court needed more time to hear fresh evidence suggested by the accused. The date for the restart of the trial was set for 26 January 2004. 18. The applicant’s detention was further extended by the Poznań Court of Appeal on 29 June and 28 September 2004, 23 March, 23 August and 23 November 2005. 19. The applicant is still in detention pending trial. | [
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4. The applicant, Mr Aleksandr Vasilyevich Melnik, is a Ukrainian national who was born on 17 May 1961. He is currently serving a prison sentence. 5. In December 1999 M.O.D. (a private person) found a packet of opium (макова соломка). M.O.D., with the applicant's agreement, later hid the packet in the applicant's house with a view to its subsequent sale and the purchase of alcohol. 6. On 28 February 2000 the captain of the Vinnytsia District of the Interior's Division on Combating the Illegal Circulation of Drugs (the “CICD”) issued a resolution authorising the purchase of opium from the applicant on the basis of information received from undisclosed sources. This resolution was approved by the Vinnytsia District prosecutor and the Head of the Vinnytsia Department of the Interior. 7. On the same date C.I.S. (an undercover police agent operating under a pseudonym) received instructions from police officers (міліціонерів) to purchase some of the opium. He also received the sum of 12 hryvnas (UAH)[1] for that purpose. 8. On the same date the applicant and M.O.D. were apprehended for selling drugs to C.I.S. The opium, which weighed 190 grams, was seized by the police, together with the marked money received by the applicant from C.I.S. The police prepared records of the purchase (про оперативну закупку), finding, confiscation (віднайдення та виїмки) and weighing (взвішування) of the substance and of the search of the buyer (акт огляду покупця). Statements were drawn up in the presence of two witnesses, as required by the relevant provisions of the Code of Criminal Procedure. The applicant and M.O.D. were not placed in detention, but were released on an undertaking not to abscond. 9. On 9 and 10 March 2000 the investigator of the Investigative Division of the Ministry of the Interior's Vinnytsia District Department (the “Division”) questioned two witnesses (V.V.M. and P.Yu.M.). They were the police officers from the CICD who had organised the purchase and subsequently arrested the applicant and M.O.D. 10. On 24 March 2000 the Division's investigator informed the applicant that he was entitled to have a representative. The investigator relied on Articles 21, 44 and 45 of the Code of Criminal Procedure. The applicant stated that he refused to be represented by a lawyer and that this decision was not related to his financial situation. 11. On the same date the Division's investigator issued a resolution accusing the applicant of being involved in the purchase, sale and storage of narcotic substances with intent to sell, premeditated by a group of persons (Article 229-1 of the former Criminal Code). The applicant was questioned by the investigator as an accused. 12. The applicant claims that in the course of the investigation he and his relatives requested legal representation. 13. On 25 April 2000 the Vinnytsia District Court of the Vinnytsia region (Вінницький районний суд Вінницької області) held a preliminary hearing. It assumed jurisdiction over the case and adjourned the hearing to 22 May 2000 at the applicant's request. The applicant informed the court that he did not wish to be represented by a lawyer but wished to represent himself at the hearing. The hearing was adjourned upon M.O.D.'s request. 14. On 22 May 2000 the court resumed its examination of the case. The participants in the hearing were the prosecutor, the applicant and M.O.D., a witness police officer from the CICD (S.V.V.) and G.A.I., the applicant's neighbour, who had witnessed the arrest and seizure of money by the police officers. 15. During the hearing the court accepted the applicant's decision not to be represented by a lawyer. It also decided to hear the case in the absence of certain prosecution witnesses (P.Yu.M. and V.V.M.), who had been duly informed about the date and time of the hearing but did not appear before the court. The judge also informed the applicant and his co-accused that a guilty plea might be accepted by the court as a mitigating factor. 16. On 23 May 2000, at the hearing, the applicant pleaded partly guilty to the charges against him. In particular, he stated that he considered himself guilty of storing the opium. In the course of the trial the applicant again rejected legal assistance and stated that he wished to present his own arguments for reasons unrelated to his difficult financial situation. 17. During the hearing the applicant and his co-accused did not attempt to challenge any evidence and made no pleas, except those relating to the acknowledgment of their guilt and the mitigation of their sentence. On the same date the Vinnytsia District Court convicted the applicant of involvement in the unlawful purchase and possession of drugs, with intent to sell, premeditated by a group of persons (Article 229-1 of the former Criminal Code). It sentenced him to five years' imprisonment and ordered that his personal property be confiscated. In particular, the Vinnytsia District Court found that,
“... in the course of the hearing [the applicant] partly acknowledged his guilt ...
... in the course of the preliminary investigation witnesses [P.Yu.M.] and [V.V.M.] (police officers) explained that [C.I.S.] was to purchase [opium] at Melnik's place of residence ...
The defendant's guilt ... is also proved by other evidence, in particular the act of purchase, the record of searching the buyer, the record of the undercover purchase, the record of seizure, the record of the weighing, [and] the forensic expert's conclusion [as to the amount of dry opium poppy]...
... the court considers that the following corpus juris, envisaged by Article 229-1 of the Criminal Code..., can be found in the actions of Melnik O.V.: - the unlawful purchase [and] possession with intent to sell, premeditated by a group of persons...” 18. On 29 May 2000 the applicant appealed against his conviction to the Vinnytsia Regional Court. In particular, he stated that he had only been storing the opium, and that his sentence should be milder, not involving a deprivation of liberty. 19. On 12 July 2000 the Vinnytsia Regional Court, in the absence of the applicant and in the presence of a prosecutor, rejected the applicant's appeal and upheld the judgment of 23 May 2000. The judgment became final. 20. On 24 October 2000 the Committee reviewed a petition from the applicant's wife, asking that he be assigned legal representation. On the same date the Committee appointed Mr Shulgin as the public defender (громадський захисник) to represent the applicant. 21. On 30 October 2000 Mr Shulgin lodged complaints with the President of the Vinnytsia District Court, seeking permission to review the case file and authorisation to meet the applicant in order to prepare an appeal against the judgment. 22. On 2 November 2000 the judge of the Vinnytsia District Court refused this application on the ground that the law did not allow for such an action by a public defender. In particular, the court informed Mr Shulgin:
“... Vinnytsia District Court informs you that your application of 30 October 2000 with regard to providing the materials of the criminal case ... and an opportunity to meet the defendant in order to represent him in supervisory proceedings cannot be allowed because, in accordance with the legislation of Ukraine, a public defender (громадський захисник) can only participate in the judicial consideration of the case and the law does not afford him a right of appeal against the verdict.
Also, Article 384 of the Code of Criminal Procedure... provides an exhaustive list of those persons who have the right to lodge protests against court verdicts, rulings or resolutions that have entered into force, and Chapter 31 of the Code of Criminal Procedure ... sets out the grounds and the procedure for [such a] supervisory review...” 23. On 28 September 2000 the applicant was detained for the purpose of serving his sentence and placed in the Vinnytsia Temporary Detention Centre. 24. On 29 September 2000 the applicant was transferred to Vinnytsia Prison No. 1, where he stayed from 29 September to 18 October 2000. 25. On arrival at Vinnytsia Prison No. 1 the applicant was examined by doctors from the prison's medical unit and found to be generally healthy. 26. On 2 October 2000 the applicant underwent a chest X-Ray examination. This examination found no signs of illness. 27. Between 29 September and 18 October 2000, the applicant lodged no complaints or applications with the prison administration for dispatch to third persons. 28. At some time between 18 October and 31 October 2000, the applicant was transferred from Vinnytsia Prison No. 1 to Arbuzynsk Penitentiary No. 316/83 in the Mykolayiv Region (“Penitentiary No. 316/83”). 29. On 31 October 2000 the applicant arrived at Penitentiary No. 316/83. However, he did not undergo the mandatory medical examination for possible tuberculosis. 30. The applicant was detained in Penitentiary No. 316/83 from 31 October 2000 to 23 April 2001. He was accommodated in dormitory no. 10. He had a separate bed and essential furniture, and was provided with clothes and linen. There were 32 other inmates in the dormitory, which had natural ventilation, large glass windows and electricity. 31. During the applicant's stay there, he had two visits from relatives: one from his brother on 7 December 2000 and one from his wife on 8 December 2000. 32. Between October 2000 and April 2001, the administration of the Penitentiary recorded no correspondence from the applicant. Furthermore, there was no record of a request from the applicant's representative to meet the applicant among the entries in the prison's register of citizens' complaints for 2000-2001. 33. On 13 April 2001, for the first time, the applicant applied to a doctor in Penitentiary No. 316/83, complaining that he was experiencing shortness of breath and was coughing up phlegm. On the same date he was examined and an X-ray was taken. Following this examination, a doctor from the Arbuzynsk Central District Hospital diagnosed the applicant as suffering from pneumonia and suspected lung cancer. Another chest X-ray was ordered to establish a final diagnosis. 34. On 14 April 2001 a further chest X-ray was taken. A radiologist at the Arbuzynsk Central District Hospital concluded that the applicant was suffering from lung cancer. 35. On 19 April 2001 the applicant was transferred to the Hospital of Daryivska Penitentiary No. 10 for further medical examinations and treatment. Between 19 April and 22 June 2001, the applicant received treatment and underwent further clinical examinations. The final diagnosis was tuberculosis in its early stages. 36. On 23 April 2001 the applicant was transferred to Snigurivska Penitentiary No. 5 in the Mykolayiv Region (“Penitentiary No. 5”; an interregional tuberculosis hospital for convicts), where the diagnosis of tuberculosis was confirmed. 37. From 26 June 2001 the applicant underwent in-patient treatment at Penitentiary No. 5. The Government claimed that he received all the medication prescribed by the recommendations of the Ministry of Public Health. 38. On 4 June 2002, owing to an improvement in his state of health, the applicant was transferred to outpatient treatment. From 11 August 2003 onwards, the applicant received regular outpatient treatment in order to prevent a relapse. However, the lengthy treatment for tuberculosis led to side-effects, such as sight impairment (погіршення зору) and dizziness. 39. Since 12 March 2004 the applicant has been detained at Penitentiary No. 5, with a diagnosis of clinically cured tuberculosis. 40. According to the register of correspondence of Penitentiary No. 5, the applicant sent a letter to his wife on 12 November 2002. No other correspondence was sent by him. 41. On 20 December 2001 the applicant received a 24-hour visit from his brother. 42. The Government alleged that, in the course of serving his sentence, the applicant received no visits from lawyers or public defenders, and did not submit any applications concerning such visits. | [
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4. The first applicant was born in 1953. The second applicant was born in 1962. They both reside in Kharkiv. They are former employees of the State Enterprise “Vilne Housing and Communal Property Authority” of the Dzhankoy District of the Autonomous Republic of Crimea (the “debtor”). 5. On 14 February 1999 the Dzhankoy City Court ordered the debtor to pay the applicants UAH 573.43[1] and UAH 256.12[2], respectively. The court issued separate judgments with respect to each applicant on 6 March and 7 April 1999. 6. On 24 February 1999 the Dzhankoy Bailiffs’ Service (the “DBS”) initiated the enforcement proceedings in the case. 7. On 29 September 1999 the Dzhankoy City Court awarded the first applicant UAH 140.60[3] in child support arrears. 8. On 2 September 2000 the Crimean Department of Justice of the Ministry of Justice informed the applicants that the enforcement proceedings were still pending. 9. On 20 August 2001 the DBS attached the debtor’s bank accounts. Certain enforcement actions were undertaken by the DBS from 26 November 2001 to 26 January 2004 (attachment of the debtor’s funds, sale of its property, etc.). 10. On 26 January 2004 the applicants had been fully paid the salary arrears due to them and the judgments had thus been enforced. 11. On 29 January 2004 the DBS terminated the enforcement proceedings in the applicants’ case. | [
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4. The applicant was born in 1954 and lives in the village of Bilashky, the Vinnitsa region of Ukraine. 5. In 2001 the applicant instituted proceedings in the Staromiskiy Local Court of Vinnitsa against her former employer – the “Vinnitska Kondyterska Fabryka” Open Joint Stock Company – to be reinstated in her position and to receive compensation. 6. On 12 November 2001 the court discontinued proceedings in the applicant’s case on the ground that she had failed to appear before the court. 7. On 27 February 2002 the Vinnitsa Court of Appeal upheld the ruling of 12 November 2001. On 26 April 2002 the applicant appealed in cassation. 8. On 29 April 2002 the Staromiskiy Local Court rejected the applicant’s request for a cassation appeal as having been submitted too late. The court stated that, under the new wording of Article 321 of the Code of Civil Procedure (hereinafter - “the CCP”), which had entered into force on 4 April 2002, the time-limit for lodging an appeal in cassation was one month, and that the applicant had exceeded that time-limit by only lodging her appeal on 26 April 2002. No reference was made in the decision to the actual deadline which had not been complied with. 9. On 9 September 2002 the Vinnitsa Court of Appeal upheld the ruling of 29 April 2002. 10. On 5 February 2003 the panel of three judges of the Supreme Court rejected the applicant’s request for leave to appeal in cassation against the rulings of 29 April and 9 September 2002. | [
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4. The applicant was born in 1977 and lives in Budapest. 5. On 26 February 2002 criminal proceedings were instituted against the applicant, a college student, on a charge of extortion, which had allegedly been committed the day before. On 27 February 2002 he was arrested. 6. On 28 February 2002 the Budapest Police Department heard the applicant, explaining that criminal proceedings were being conducted against him and three other defendants on suspicion of having participated in the sequestration and beating of a certain Mr K., and of having forced him to sign a false statement of debt, conduct punishable under sections 175 and 323 of the Criminal Code. 7. Between 27 February 2002 and 21 March 2003, the defendants were interrogated on several occasions; moreover, several confrontations took place between the defendants themselves and between them and the victim. In particular, the applicant was interrogated on five occasions during this period. Also in the same period, the police heard 17 witnesses and the victim on altogether 14 occasions. Furthermore, experts in toxicology, haemogenetics and dactyloscopy were appointed, along with a forensic medical expert and an expert on physical evidence. The police were collecting evidence from banks, telephone companies, the land registry and the register of passenger cars. 8. Meanwhile, on 2 March 2002 the Pest Central District Court ordered the applicant’s pre-trial detention, referring to the danger of his absconding, in particular in view of the fact that he had not been living at his registered address for more than two years. Additional reference was made to the risk of collusion. On 11 March 2002 the Budapest Regional Court dismissed his appeal. 9. The applicant was assisted by defence counsel of his choice and was initially held at the Gyorskocsi Police Detention Facility. His detention was prolonged on 26 March and 24 May 2002 on the ground of a risk of absconding and collusion. These decisions were confirmed on 30 April and 12 June 2002, respectively. The courts held that the seriousness of the charges against the applicant alone sufficed to establish the risk of absconding. 10. On 9 August 2002 the Regional Court dismissed the applicant’s request for release. On 10 September 2002 that court’s appellate bench rejected his appeal. His further complaint of 15 September 2002 was to no avail. 11. On 27 September 2002 the applicant’s detention was again prolonged, essentially on the ground of a risk of absconding. The court noted that the risk of collusion was diminishing, since the applicant had confessed to his crime. 12. Meanwhile, from July 2002 onwards, the applicant’s behaviour in detention became more and more erratic; in particular, on one occasion he attacked a fellow inmate. In July and October 2002 as well as July, August and September 2003 the applicant was repeatedly committed, for shorter periods, to the Asylum for the Criminally Insane (“IMEI”) with a view to having his mental status observed by expert psychiatrists. Eventually, it was concluded that he suffered from a psychosis. 13. On 18 December 2002 and 17 January 2003, the renewed requests for release of the applicant, who from October 2002 onwards was detained at Budapest Penitentiary, were dismissed. 14. On 27 February and 26 June 2003 the Supreme Court prolonged the applicant’s detention on the basis of the risk of his absconding. 15. Given his increasingly disturbed state of mind, on 14 April 2003 the applicant’s case was disjoined from that against his accomplices. 16. On 24 July 2003 the Budapest Regional Court ordered the applicant’s release on bail. On 11 August 2003 the Budapest Court of Appeal overruled this decision, making reference to the danger of the applicant’s absconding, given the seriousness of the charges against him. 17. On 24 September 2003 the investigation against the applicant was closed. The case-file, communicated to the applicant on 20 October 2003, consisted of some 1,500 pages. 18. From 17 October 2003 onwards, the pre-trial detention of the applicant, by then diagnosed with chronic paranoid schizophrenia, was effected in the IMEI for the treatment of his condition. In response to complaints filed by the applicant’s father, the Penitentiary Supervisory Department of the Attorney General’s Office specified that the applicant had been committed to the IMEI on medical grounds, since he had shown psychotic symptoms at the Budapest Penitentiary; that, after examinations, the IMEI were of the opinion that his further treatment was necessary; and that forensic experts had repeatedly examined him. On 9 December 2003 the Budapest Court of Appeal confirmed the applicant’s committal to the IMEI. 19. On 28 October and 3 December 2003, the applicant’s detention was again prolonged by the Regional Court on the ground of a risk of absconding, given the seriousness of the charges against him. These decisions were upheld on 24 November 2003 and 2 February 2004 by the Court of Appeal. 20. On 1 December 2003 a bill of indictment was preferred. The applicant was charged with complicity in kidnapping and severe bodily assault, offences punishable under sections 170 and 175/A of the Criminal Code, as modified by Act no. 2 of 2003. 21. On 11 February 2004 another expert psychiatrist was appointed. On 4 March 2004 the expert informed the Regional Court that the applicant’s prolonged observation was warranted. 22. On 24 May 2004 the Budapest Regional Court dismissed the applicant’s renewed request for release on bail. On 8 July 2004 the Court of Appeal dismissed his appeal. 23. On 15 July 2004 the IMEI presented its observations on the applicant’s mental state. On 14 September 2004 the forensic psychiatrist submitted his opinion. 24. The applicant was eventually released from the IMEI on 19 October 2004. His pre-trial detention having been lifted, the applicant was ordered not to leave town. 25. The Regional Court ordered further psychiatric examinations of the applicant. Since he did not appear at an examination scheduled in December 2004, it had to be rescheduled for 1 March 2005. 26. Relying on the findings of the forensic psychiatrists, on 14 June 2005 the Regional Court suspended the proceedings in view of the fact that the applicant was not mentally capable of standing trial. | [
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4. The applicant was born in 1928 and lives in Budapest. 5. On an undetermined date between December 1990 and October 1992, the applicant brought an action in trespass against her neighbour in the Pest Central District Court. 6. Between 19 October 1993 and 17 November 1998 the District Court held nine hearings, repeatedly instructed the applicant to submit better particulars of her claims and appointed a legal-aid lawyer. On the latter date it dismissed the applicant’s action, holding that the disturbance that had been caused by maintenance works on some pipes crossing through the applicant’s plot was of a reasonable extent and justified by the rights under the neighbour’s easement. 7. On 19 November 1999 the Budapest Regional Court dismissed the applicant’s appeal. 8. On 16 March 2000 the applicant filed a petition for review. 9. On 26 June 2002 the Supreme Court dismissed the applicant’s petition for review, holding that the first and second instance judgments had been delivered according to the law. This decision was served on the applicant’s lawyer on 17 October 2002. | [
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4. The applicant was born in 1959 and lives in Chrzanów, Poland. He is represented before the Court by Mr T. Marek, a lawyer practising in Oświęcim, Poland. 5. On 16 March 2001 the Chrzanów District Court (Sąd Rejonowy) ordered that the applicant be detained on remand in view of the reasonable suspicion that he had committed armed robbery. The court considered that the applicant’s detention was justified in view of the gravity of the charges against him. There was also a risk that he could go into hiding. 6. On 21 May 2001 the applicant asked for release from detention. The Chrzanów District Prosecutor (Prokurator Rejonowy) refused on 29 May 2001. He considered that there was a reasonable suspicion that the applicant had committed the offence in question and a risk that he might obstruct the proper conduct of the proceedings. He found also that there were no grounds on which to release the applicant, as defined in Article 259 of the Code of Criminal Procedure. Furthermore, he underlined the gravity of the charges brought against him. 7. On 30 May 2001 the applicant was indicted on 3 counts of armed robbery committed together with 2 accomplices before the Katowice Regional Court (Sąd Okręgowy). 8. On 11 July 2001 the Katowice Regional Court ordered that the applicant be held in custody until 30 October 2001. The court repeated the reasons previously given for his detention. 9. On 23 July 2001 the Katowice Regional Court referred the case to the Cracow Regional Court, considering that that court had jurisdiction over the matter. The Cracow Regional Court disagreed and, on 24 September 2001, referred the case to the Cracow Court of Appeal (Sąd Apelacyjny) for a ruling determining which court was to deal with it. On 17 October 2001 the Court of Appeal ordered that the case be tried before the Katowice Regional Court. 10. The applicant’s detention was further extended on 25 October and 10 December 2001, despite the applicant’s requests for release. 11. The first hearing was to be held on 19 April 2002 but the trial was adjourned for procedural reasons. 12. During the proceedings the applicant’s detention was prolonged on several occasions. The last decision was taken on 11 October 2002, when the Katowice Regional Court ordered that he be held in custody until 15 March 2003. 13. The applicant made many unsuccessful applications for release and appealed, likewise unsuccessfully, against the decisions prolonging his detention. He maintained that his detention was excessive and that other measures, such as bail or police supervision could secure the proper conduct of the trial. All decisions dismissing his applications repeated the same grounds for the applicant’s detention: the reasonable suspicion against him and the severity of the anticipated sentence and the fear that he might tamper with evidence. 14. On 10 March 2003 the Katowice Regional Court convicted the applicant as charged and sentenced him to 3 years’ imprisonment. 15. The Katowice Court of Appeal upheld the first-instance judgment on 6 November 2003. 16. On 17 September 2004 the Law of 17 June 2004 on complaints about a breach of the right to a trial within a reasonable time (Ustawa o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki) (“the 2004 Act”) entered into force. 17. The applicant did not lodge a complaint under the 2004 Act. | [
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4. The applicant was born in 1936 and lives in Konstancin Jeziorna, Poland. 5. The applicant’s grandfather (“J.O.”) owned a plot of land and a house situated in the centre of Warsaw. During the Second World War the house was demolished. By virtue of the 1945 Decree on the Ownership and Use of Land in Warsaw (Dekret o własności i użytkowaniu gruntów na obszarze m. st. Warszawy) all land in Warsaw was nationalised. In 1948 J.O. asked the administrative authorities to grant him a right of temporary ownership (własność czasowa) of his plot. On 24 December 1951 the Board of the Warsaw National Council (Prezydium Rady Narodowej) dismissed his application. 6. On 6 August 1993 the applicant and other J.O.’s heirs filed with the Minister of Town and Country Planning (Ministerstwo Gospodarki Przestrzennej i Budownictwa) an application for the annulment of the decision of 1951. They also asked for a right of perpetual use (użytkowanie wieczyste) of the plot in question to be granted to them. On 27 February 1995 the Minister quashed the 1951 decision and remitted the case to the Mayor of Warsaw (Prezydent Miasta Warszawy) for re-examination. 7. By June 1996 the Mayor had not delivered any decision. On 4 June 1996 the applicant lodged with the Warsaw Self-Governmental Board of Appeal (Samorządowe Kolegium Odwoławcze) a complaint alleging inactivity on the part of the Mayor of Warsaw. 8. On 31 July 1996 the Mayor stayed the proceedings until the applicant had submitted certain documents. On 13 August 1996, upon a further appeal by the applicant, the Board of Appeal quashed that decision. On 14 August 1996 the Board of Appeal ordered the Mayor to give a decision within 30 days. The Mayor failed to comply with this order. 9. On 13 September 1996 the Mayor of Warsaw asked the Board of Appeal to extend the time-limit as he needed to obtain some additional documents. On 30 September 1996 the Mayor asked for an extension of the time-limit until 30 November 1996. 10. On 15 November 1996 the Mayor again stayed the proceedings, this time until the conclusion of other administrative proceedings. On 13 February 1997, upon the applicant’s appeal, the Board of Appeal quashed that decision and ordered the Mayor to proceed with the case. 11. On 11 March 1997 the Mayor refused the application for the grant of the right of perpetual use of the plot concerned. The applicant appealed. On 2 July 1997 the Board of Appeal set aside the first-instance decision and remitted the case. 12. On 27 October 1997 the Mayor of Warsaw for the second time refused the application for the grant of the right of perpetual use. On 25 February 1998 the Board of Appeal again quashed this decision and remitted the case. 13. Meanwhile, on 5 August 1997 the applicant lodged a complaint with the Supreme Administrative Court (Naczelny Sąd Administracyjny), alleging inactivity on the part of the Mayor of Warsaw. On 12 October 1998 the Supreme Administrative Court delivered a judgment in which it ordered the Mayor to issue a decision within 30 days and awarded the applicant 5 PLN for costs and expenses. 14. On 14 December 1998 the Mayor stayed the proceedings until the conclusion of the administrative proceedings concerning the transfer of ownership to the Warsaw Municipality and the adoption of a local master plan (Miejscowy plan zagospodarowania przestrzennego). Upon the applicant’s appeal, the Board of Appeal upheld this decision on 23 April 1999. On 14 March 2000 the Supreme Administrative Court confirmed the decision of 14 December 1998 and dismissed the applicant’s further appeal. 15. Subsequently, the applicant asked the Supreme Administrative Court to impose a fine on the Mayor of Warsaw. In its judgment of 6 December 1999 the Supreme Administrative Court dismissed his application. The court held that the Mayor had failed to comply with the judgment of 12 October 1998 for objectively justified reasons. The Mayor’s decision had depended on the conclusion of other administrative proceedings concerning the transfer of ownership to the Warsaw Municipality and the adoption of a local master plan. In addition, the court pointed out that, according to Section 31 § 4 of the 1995 Act, a party to proceedings who sustained damage as a result of a failure of the administrative body to act was entitled to claim compensation from the administrative authority concerned, according to principles of civil liability. 16. The proceedings were stayed and are thus pending before the Mayor of Warsaw. | [
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1. The case originated in an application (no. 67506/01) against the Republic of Lithuania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Lithuanian national, Mr Vytautas Bendžius (“the applicant”), on 19 December 2000. 3. The applicant alleged, in particular, that he had been subjected to entrapment in breach of Article 6 of the Convention. His last communication to the Court was a letter dated 14 February 2004, sent from his home address in Jurbarkas, stating that he maintained his complaint under the Convention. 4. The application was allocated to the Third Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1. 5. On 1 November 2004 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Second Section (Rule 52 § 1). Ms D. Jočienė, the judge elected in respect of Lithuania, withdrew from sitting in the case (Rule 28). The Government accordingly appointed Mr J.-P. Costa, the judge elected in respect of France, to sit in her place (Article 27 § 2 of the Convention and Rule 29 § 1). 7. By a letter dated 29 April 2005, the Registry informed the applicant about the decision. The applicant was invited to submit by 27 June 2005 his observations on the merits, his position on a friendly settlement of the case and his claims for just satisfaction (Rules 59, 60 and 62 of the Rules of Court). 9. By a letter dated 11 August 2005, sent to the applicant’s home address by registered post, the Registry reminded the applicant that the time-limit for submission of his observations on the merits had expired, without a reply from him. The applicant’s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list where the circumstances lead to the conclusion that an applicant does not intend to pursue the application. 10. Receipt of the registered letter of 11 August 2005 was confirmed by the postal service. The applicant has not replied to this correspondence. | [
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4. The applicant was born in 1964 and lives in Strzelce Krajeńskie, Poland. 5. On 3 March 2000 the applicant was brought before the Radomsko District Court (Sąd Rejonowy). He was charged with having committed burglary. The court ordered that the applicant be remanded in custody until 1 June 2000. 6. The applicant was placed in the Piotrków Trybunalski Detention Centre (Areszt Śledczy). His detention was subsequently prolonged several times until the end of the proceedings against him. 7. On 15 November 2000 the Radomsko District Court convicted the applicant of handling stolen goods and sentenced him to 15 months’ imprisonment. 8. On 2 February 2001 the Piotrków Trybunalski Regional Court (Sąd Okręgowy) upheld the first-instance judgment. 9. On 28 May 2001 the applicant’s officially-appointed lawyer, who represented him in the proceedings before both instances, refused to lodge a cassation appeal on his behalf. 10. The applicant sent numerous letters to the Court, most of which appear to have been opened and read by the domestic authorities. 11. The applicant’s first letter of 1 May 2000 bears the stamp “Radomsko District Prosecutor (Prokuratura Rejonowa w Radomsku)”, the date 8 May 2000 (stamped), and an illegible signature. 12. His letter of 27 August 2001 bears the same stamp, a signature “prok. R. Gawęcka (Prosecutor R. Gawęcka)”, and the date 28 August 2001, which is both stamped and hand-written. 13. The applicant’s letter of 10 September 2001 is marked with the same stamp and the date 12 September 2001 (stamped and hand-written) and bears an illegible signature. 14. The envelopes of the applicant’s letters of 14 and 22 October, 18 November 2001, 2 April, 3 and 22 July, 13 October, 4 December 2002 bear the stamp “Censored” (ocenzurowano) and the official stamp of the Radomsko District Court. Each of them is marked with a date-stamp and an illegible signature. All envelopes bear traces of opening after being sealed: they were cut open and resealed with adhesive tape. 15. On 3 January 2003 the applicant sent a letter to the Court. He complained that his correspondence with the Court’s Registry had been censored. He enclosed the envelope of the letter sent to him by the Registry on 22 November 2002. The envelope was marked with the stamp “Censored”, the date 5 December 2002 and an illegible signature. The envelope of the applicant’s letter to the Court also bears the stamp “censored”, the date 10 January 2003 and an illegible signature. They have been covered up with white corrector fluid. | [
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12. The applicant was born in 1923 and lives in Catanzaro. 13. On 21 May 1986 Mr P. brought proceedings against the applicant in the Chiaravalle Centrale Magistrate’s Court for recognition of the existence of a right of way. 14. Preparation of the case for trial began on 28 May 1986 and on that date the Magistrate’s Court appointed an expert. Of the seven hearings listed between 8 October 1986 and 2 December 1987 three were devoted to organising expert evidence, two to an inspection of the premises by the pretore, two were adjourned by the court of its own motion and one was adjourned because the lawyers were on strike. On 27 July 1988 the Magistrate’s Court set the case down for hearing of oral submissions on 1 March 1989. On that date the hearing was adjourned to 5 July 1989 at the parties’ request. Of the fifteen hearings listed between 2 May 1991 and 4 June 1997 six were adjourned at the parties’ request, two at the request of the defendant, five by the court of its own motion – one of which was because the registry had not notified the applicant of the date of the hearing – one because the applicant had changed lawyer and another one to allow the registry to check that the stamps had duly been affixed to a number of documents in the case file. Judgment was reserved on 22 October 1997. 15. In an order of 26 November 1997, which was not made at a hearing, the court declared the case reopened and requested the parties to file documents with the registry. On 4 March 1998 the court reserved judgment. 16. In an order of 9 April 1998 the court declared the case reopened, noted that the parties had not yet filed the documents requested and adjourned the case to 7 October 1998. On that date judgment was reserved. 17. In a judgment of the same date, the text of which was deposited with the registry on 16 August 1999, the Magistrate’s Court granted Mr P.’s application. 18. On 27 October 2000 the applicant appealed to the Catanzaro Court of Appeal. According to information provided by the applicant on 6 June 2005, the first hearing, which was to be held on 22 January 2001, was not held until 10 December 2001 following two adjournments of the court’s own motion and an adjournment of a hearing because the registry had not notified the parties of the hearing date. The parties made their submissions two hearings later, on 27 May 2002, and the hearing of final submissions was set down for 9 December 2003. That hearing was adjourned to 6 July 2004 following the transfer of the judge directing the preparations for trial, then to 18 January 2005. On that date judgment was reserved. 19. In a judgment of 21 February 2005, the text of which was deposited with the registry on 18 March 2005, the Court of Appeal set aside the first-instance court’s judgment and allowed the applicant’s appeal. According to information provided by the applicant on 14 October 2005, as the judgment had not been served the time allowed for appealing to the Court of Cassation was still running. 20. On an unspecified date in April 2002 the applicant lodged an application with the Salerno Court of Appeal under Law no. 89 of 24 March 2001, known as the “Pinto Act”, complaining of the length of the above-described proceedings. He requested the court to rule that there had been a breach of Article 6 § 1 of the Convention and to order the Italian State to pay compensation for the distress and other non-pecuniary damage sustained. The applicant claimed 13,000 euros (EUR) in compensation for distress and other non-pecuniary damage, and sought reimbursement of the costs and expenses but did not quantify them. 21. In a decision of 1 October 2002, the text of which was deposited with the registry on 13 December 2002, the Court of Appeal found that the length of the proceedings had been excessive. It held as follows:
“ ... [the proceedings], given the manner in which they were conducted, cannot be deemed particularly complex. That said, it should be pointed out that the proceedings gave rise to many hearings, some of which were mere adjournments, and as such unnecessary. With regard to the conduct of the parties, the adjournments they requested or at least agreed to must be attributed to them. They must therefore be deemed responsible for the adjournments requested by one party and which the other parties did not oppose or which were accepted and therefore allowed by the court. ... The fact that the court allowed the parties to exercise ... [through those adjournments] their right to a defence cannot be blamed a posteriori on the public organisation of the service.
The remaining period does have to be attributed to the conduct of the judicial authorities, however, both regarding the intervals relating to the adjournments of the court’s own motion and the adjournments for reasons relating to investigation measures which took longer than a reasonable time to carry out.
Indeed, when the situation is analysed in accordance with Law no. 89/01 [Pinto], the time that elapsed between the beginning of the proceedings and the end is a central factor: in this sense, the fact that the length of the proceedings, which is not attributable to the parties’ conduct, is otherwise determined – in the sphere of the organisation of the court service and, in general, the services managed by the authorities involved in giving a decision or contributing to the disposal of the proceedings – by personal or structural factors, such as the shortage of staff when compared with the demands of the workload, does not change the conclusion that this time must be attributed to the State, which has not assigned the resources necessary to dispose of a trial speedily.
Accordingly, on the basis of that analysis the delays attributable to the parties can be quantified at three years and two months at first instance. The proceedings are still pending on appeal but the case has already been referred to the appropriate Chamber for the hearing of final submissions on 25 February 2003 and, given that the first hearing was held on 22 January 2001, the period can be regarded as falling within the reasonable time-span of two years.
On that basis, the delays attributable to the organisation of the courts, less the delays attributable to the parties, amount to twelve years and ten months.
Moreover, taking the main thrust of the case-law of the European Court of Human Rights as a basis, a reasonable time for the average timescale for the conduct of a case at first instance can prima facie properly be fixed at three years. For proceedings dealt with also on appeal the reasonable length can be fixed at about five years for proceedings whose subject-matter is nothing out of the ordinary.
In the instant case, therefore, the surplus time must be deemed to be approximately seven years and ten months.
The reasonable time must accordingly be deemed to have been exceeded in so far as the case was not particularly complex and the delays attributable to the parties have already been taken into account.
For the rest, the claim for compensation of 13,000 euros appears totally disproportionate and unsupported by evidence. Accordingly, the award must be significantly less.
Consequently, having taken into consideration the parties’ interest in having the proceedings disposed of, as their conduct has shown, the lack of complexity of the case, in the absence of evidence supplied by the parties, and the limited impact of the non-pecuniary damage, the court considers it equitable to award Mr Musci 3,500 euros in damages.”
The Court of Appeal awarded the applicant EUR 3,500 on an equitable basis in compensation for non-pecuniary damage. In respect of costs and expenses, the Court of Appeal noted that the applicant had not given particulars of the claim. Having regard to the quantity and quality of the work done by the lawyer, it awarded him only half the sum he had considered due EUR 516.46 (that is, EUR 258.23) plus tax. That decision became final by 28 January 2004 at the latest. The applicant obtained payment of the amounts due from the authorities on 19 November 2004. 22. In a letter of 20 October 2003 the applicant informed the Court of the outcome of the domestic proceedings and asked it to resume its examination of his application. 23. In a letter of 18 November 2003 the applicant informed the Court that he did not intend to appeal to the Court of Cassation because an appeal to that court could only be on points of law. | [
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12. The applicant was born in 1924 and lives in Pianello Val Tidone (Piacenza). 13. On 8 April 1974 the applicant sued Mr P. in the Piacenza District Court seeking damages for the loss she had sustained as a result of works carried out by her neighbour which had resulted, among other things, in sewage being dumped on her property. 14. Preparation of the case for trial began on 11 May 1974. Of the sixty- six hearings listed between 11 November 1974 and 15 June 1995 nineteen were adjourned at the request of the parties, three at the request of the applicant, two at the request of Mr P., four by the court of its own motion, and one on account of a lawyers’ strike; twelve were devoted to organising expert evidence, twelve to the filing of documents and the hearing of witnesses, twelve to attempts to seek a friendly settlement, and one was adjourned in order to allow the parties to make their submissions. 15. In the meantime Mr P.’s lawyer had filed a death certificate with the registry in respect of his client. At a hearing on 29 February 1996 the judge declared the proceedings interrupted. The proceedings were resumed on 25 September 1996 and the judge fixed 11 June 1998 as the date for hearing submissions. On an unspecified date the case was referred to the bench of judges dealing with the oldest cases (sezioni stralcio). At a hearing on 18 November 1999 the parties requested that a date be fixed for hearing oral submissions and the judge adjourned the case to 8 June 2000. The hearing was not held on that date, but adjourned to 12 June 2000. On that date judgment was reserved. 16. In a judgment of 23 October 2000, the text of which was deposited with the registry on the same day, the Piacenza Court allowed the applicant’s claim in part and ordered Mr P.’s heir to move the septic tank that had not been installed at the prescribed distance and to replace part of the applicant’s sullage pipes. It also awarded her 15,000,000 Italian lire (7,747 euros (EUR)). 17. On 17 October 2001 the applicant lodged an application with the Ancona Court of Appeal under Law no. 89 of 24 March 2001, known as the “Pinto Act”, complaining of the excessive length of the above-described proceedings. The applicant requested the court to conclude that there had been a breach of Article 6 § 1 of the Convention and to order the Italian Government to pay compensation for the non-pecuniary damage sustained. The applicant claimed 200,000,000 Italian lire (EUR 103,291.37) in non-pecuniary damages and an unquantified amount for costs and expenses. 18. In a decision of 31 January 2002, the text of which was deposited with the registry on 13 February 2002, the Court of Appeal found that the proceedings had been excessively long. It held as follows:
“In the instant case, even if the proceedings are not entirely straightforward given the subject of the proceedings (a bitter dispute between neighbours), which has given rise to many attempts at conciliation, hearings of witnesses and an expert report, the length of the proceedings - over 26 years – nonetheless does not appear proportionate to the objective importance and the consequences of the judicial proceedings.
With regard to the conduct of the parties, account cannot be taken of the extension of the length of the proceedings owing to legitimate requests or the time necessary to rationalise and ensure the normal conduct of the proceedings given that proceedings are unreasonably long where the applicant cannot be blamed for seeking to prolong the proceedings in his or her own interests (requests for adjournment of hearings, needless objections etc.).
With regard to the conduct of the judicial authorities, special consideration must be given, in the instant case, to the entire length of the proceedings for one level of jurisdiction with a great many adjournments which contributed to prolonging the proceedings beyond a reasonable time by causing long and unjustified interruptions (in terms of the Convention, which obliges member States to organise their judicial system in such a way as to ensure compliance with the obligations set forth in Article 6 § 1).
In calculating compensation regard will be had only to the period beyond the reasonable time (in accordance with section 2(3)(a) of Law no. 89/2001): clearly no complaint can be made in respect of conduct on the part of persons involved in the proceedings that is in accordance with the law (such as adjournments necessary for the proper conduct of the proceedings).
However, the delay by the judicial authorities in giving a final decision was not in accordance with the law: there is absolutely no justification for such delay given that effect must be given to the right to bring legal proceedings in defence of one’s own interests (Article 24 of the Constitution) by a decision rendered within a reasonable time in order to ensure that justice is done in compliance with the procedural guarantees established by the legislature; while having regard to the “chronic” shortage of staff, the delay in the work and the attempt to find a new balance after the latest judicial and procedural reforms.
Regarding the calculation of just satisfaction, the pecuniary damage flowing directly from the delay in giving the final decision cannot be considered to have been made out: the damage cannot be objectively proved either by the supposed intention of the applicant to sell the property or by the costs and expenses, which, apart from the fact that they were not referred to by the applicant, have in any event been dealt with by the decision.
With regard to non-pecuniary damage, the criterion to be applied is the one indicated under Art. 1226 of the Civil Code, reiterated in Art. 2056, to which s. 2(3) of Law no. 89/2001 refers.
The compensation is quantified at 5,000 euros (inclusive of interest and monetary depreciation – without going into details – see Cass 2910/1995, to which will be added interest accrued only in respect of the time that elapses between the decision and payment), on account of the special nature of the case, the subject of the dispute and the period beyond the reasonable time, the number of levels of jurisdiction and the special subjective situation: on account of the length of the proceedings the applicant has undoubtedly suffered anxiety and distress as a result of waiting for the final decision and uncertainty as to the outcome of the proceedings.”
The Court of Appeal dismissed the claim for pecuniary damages on the ground that the applicant had failed to substantiate it, awarded her EUR 5,000 on an equitable basis in compensation for non-pecuniary damage and EUR 860 for costs and expenses. The decision was served on the applicant on 13 March 2002. 19. The applicant appealed to the Court of Cassation against that decision on 21 May 2002 on the ground that the amount awarded her by the Court of Appeal was inadequate. 20. However, in a judgment of 12 November 2002, the text of which was deposited with the registry on 3 January 2003, the Court of Cassation declared the appeal inadmissible on the ground that it had been lodged out of time. The authorities paid the amounts due on 23 December 2003. 21. In a letter of 25 August 2003 the applicant informed the Court of the outcome of the domestic proceedings and asked it to resume its examination of her application. | [
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13. The applicant was born in 1933 and lived in Paduli (Benevento). 14. On 10 November 1994 the applicant brought proceedings in the Benevento Magistrate’s Court, sitting as an employment tribunal, seeking acknowledgment of her right to an invalidity pension (pensione di inabilità) and an attendance allowance (indennità di accompagnamento). 15. On 21 November 1994 the Magistrate’s Court set the case down for the first hearing on 19 February 1996. On that day the court appointed an expert and adjourned the proceedings to a hearing on 8 July 1997. The hearing was adjourned by the court of its own motion to 28 January 1999. On that date the court set the case down for hearing of oral submissions on 15 June 1999. In the meantime, following his mother’s death, Mr Casciano declared his intention to continue the proceedings. 16. The following hearing was adjourned by the court of its own motion to 14 February 2000. However, it was not held on that date because of a lawyers’ strike. The three hearings held between 28 March 2000 and 7 November 2000 were devoted to new expert evidence. 17. In a decision of 30 January 2001, the text of which was deposited with the registry on 6 February 2001, the Benevento Magistrate’s Court, sitting as an employment tribunal, dismissed the applicant’s claim. 18. On 15 February 2001 Mr Casciano appealed to the Naples Court of Appeal. On 2 January 2002 the president appointed a reporting judge. The first hearing was held on 7 October 2002. Two hearings later, on 19 May 2003, judgment was reserved. In a judgment of the same date, the text of which was deposited with the registry on 6 November 2003, the Court of Appeal dismissed the appeal. 19. On an unspecified date, after 16 October 2001, the applicant’s son lodged an application with the Rome Court of Appeal under Law no. 89 of 24 March 2001, known as the “Pinto Act”, complaining of the excessive length of the above-described proceedings. The applicant’s son requested the court to rule that there had been a breach of Article 6 § 1 of the Convention and to order the Italian Government to pay compensation for the non-pecuniary damage sustained and pay the legal costs including those incurred before the Court. Mr Casciano claimed, inter alia, 20,000,000 Italian lire (10,329.14 euros (EUR)) in non-pecuniary damages. He sought the reimbursement of his legal costs, including those incurred before the Court, but did not quantify or give particulars of them. 20. In a decision of 5 April 2002, the text of which was deposited with the registry on 6 June 2002, the Court of Appeal found that the proceedings had been excessively long. It held as follows:
“... As is clear from the circumstances described by the applicant, and confirmed by the documentation produced, the length of these proceedings (more than 7 years) was justified only in part by the procedural requirements whereas certain adjournments were attributable to the inefficiency of the authorities themselves or their officers.
Delays occurred that were not justified by specific reasons related to the special nature of the case, are not attributable to the conduct of the applicant and give rise, irrespective of the finding of particular omissions or negligence of the persons involved, to responsibility on the part of the State for a breach of the right to a hearing within a reasonable time.
The case concerns social-security proceedings. Bearing in mind the complexity of the proceedings and the necessary expert reports, the proceedings should have been disposed of within four years from the originating application for both levels of jurisdiction. Accordingly, the applicant’s claim for compensation for the non-pecuniary damage recognisable in the inconvenience and distress probably suffered as a result of the long and unjustified wait for delivery of judgment is founded in respect of the excessive length.
After using the assessment criteria under Article 2056 of the Civil Code, reiterated in Law no. 89/01 [Pinto Act]; and having regard to, among other things, the period beyond the reasonable time, as determined above, and the modest economic interests at stake, the court finds it equitable to award a total sum of 1,200 euros plus statutory interest accruing from the date of the application.”
The Court of Appeal awarded Mr Casciano EUR 1,200 in compensation for non-pecuniary damage, EUR 500 for costs and expenses incurred in the proceedings before the Court and EUR 500 – of which EUR 300 were under the head of fees – for the Pinto proceedings. The decision was served on the authorities on 13 November 2002 and became final on 13 January 2003. The authorities were given notice to comply on 20 March 2003 and in April 2003 Mr Casciano lodged an application for a garnishee order with the Rome judge responsible for enforcement proceedings. Payment was made on 5 May 2004. 21. In a letter of 29 November 2002 Mr Casciano informed the Court of the outcome of the domestic proceedings and asked it to resume its examination of his application. 22. In the same letter the applicant’s son also informed the Court that he did not intend to appeal to the Court of Cassation because an appeal to that court could only be on points of law. | [
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12. The applicants were born in 1932 and 1938 respectively and live in Benevento. 13. On 23 October 1989 Mr G.P., the applicants’ father, brought proceedings against E., a company, in the Benevento District Court to have a contract for the installation of windows in his flat set aside and seeking compensation for the damage incurred. 14. Preparation of the case for trial began on 30 November 1989. Of the eighteen hearings listed between 22 March 1990 and 18 May 1998 three were adjourned by the court of its own motion and three because E.’s lawyer had failed to appear, four were devoted to organising expert evidence, five to hearing evidence from witnesses, one was adjourned because the judge had withdrawn from the case, another one was adjourned because Mr G.P.’s lawyer had failed to appear and a further one was adjourned at his request. The applicants declared their intention to continue the proceedings following Mr G.P.’s death on 27 March 1995. 15. On an unspecified date the case was referred to the bench of judges dealing with the oldest cases (sezione stralcio).
Of the six hearings listed between 15 February 1999 and 9 October 2001 two were adjourned by the court of its own motion, one was adjourned by the judge responsible for preparing the case, one was devoted to a request to set the case down for hearing of oral submissions and two to hearing the submissions. 16. In a judgment of 30 May 2002, the text of which was deposited with the registry on 31 October 2002, the court granted the applicants’ claims in part and awarded them 945.40 euros (EUR) in compensation for the damage sustained. 17. On 10 October 2001 the applicants lodged an application with the Rome Court of Appeal under Law no. 89 of 24 March 2001, known as the “Pinto Act”, complaining of the excessive length of the above-described proceedings. The applicants requested the court to rule that there had been a breach of Article 6 § 1 of the Convention and to order the Italian Government to pay compensation for the non-pecuniary damage sustained. The applicants claimed 25,000,000 Italian lire (EUR 12,911.42) each in non-pecuniary damages plus an unquantified amount for costs and expenses. 18. In a decision of 25 February 2002, the text of which was deposited with the registry on 23 April 2002, the Court of Appeal found that the proceedings had been excessively long. It held as follows:
“Whereas...
the applicants, as Mr Giuseppe Procaccini’s heirs, continued the proceedings he had instituted in the Benevento District Court by a summons served on 23 October 1989 seeking an order against the defendant company to replace a number of defective frames that it had installed;
– during the proceedings an expert report was ordered and produced;
– the proceedings are still pending before the sezione stralcio bench;
– there has without any doubt been a breach of the reasonable-time requirement in respect of proceedings that have lasted 9 years;
– for want of proof of pecuniary damage, a total amount of 2,250 euros can be awarded under the head of non-pecuniary loss for damage to quality of life plus statutory interest to accrue from the date of the claim, on account of the very low stakes involved in the proceedings.”
The Court of Appeal dismissed the claim for pecuniary damages for lack of proof and awarded a global sum of EUR 2,250, on an equitable basis, in compensation for non-pecuniary damage and EUR 750 for costs and expenses. That decision was served on 20 December 2002 and became final in February 2003. 19. When payment was not forthcoming, on 26 May 2004 the applicants served notice on the authorities to pay the amounts owed. When that proved unsuccessful they applied for a garnishee order, which was granted them on 12 May 2005 against the Bank of Italy. According to the information provided by the applicants at the hearing on 29 June 2005, the Court of Appeal’s decision had not yet been executed. 20. In a letter of 7 January 2003 the applicants informed the Court of the outcome of the domestic proceedings and asked it to resume its examination of their application.
In the same letter the applicants also informed the Court that they did not intend to appeal to the Court of Cassation because an appeal to that court could only be on points of law. | [
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10. The applicant was born in 1963 and lives in Lyons. 11. On 16 October 1984 the Lyons Criminal Court found the applicant guilty of drug trafficking involving 10 kilograms of hashish and sentenced him to three years’ imprisonment. He finished serving his sentence on 12 July 1986. 12. On 1 March 1994 the provisions of Article 132-9 of the new Criminal Code came into force. 13. On 7 December 1995, in the course of a judicial investigation opened on 30 October 1995, the applicant was arrested at his home. A number of searches, notably at his home address, led to the discovery of two bags of cannabis resin weighing 28.8 kilograms each, and various sums of cash amounting to more than 1,200,000 French francs. 14. The applicant was placed under formal investigation and detained pending trial on 11 December 1995. 15. In a judgment of 14 April 1997, the Lyons Criminal Court found the applicant guilty of a drug offence and sentenced him to eight years’ imprisonment, ordering in addition his exclusion from French territory for ten years. It gave the following reasons for its decision:
“We have here a young man who returned from Guadeloupe in late 1993, with no job or verifiable income, who, having tried his hand in turn at property, trading in linen, crockery, air conditioners, foie gras and, incidentally, counterfeit 200 [French] franc notes (??), found himself, somehow or other – he repeatedly tried to explain this with a story about profitable ‘air conditioners’ – in possession of a considerable pile of money, more than 61 million old [French] francs, at his home (see D351), scattered about and hidden in the unlikeliest places (such as the maintenance hatch under the bath!!).
Better still, the arrest on the morning of 7 December 1995 resulted in the seizure, without a warrant, of two bags of drugs, consisting of more than 50 kilograms of prohibited substances, laid out, packed and wrapped in a manner bearing little resemblance to a craft industry.
Nobody claimed them – which one of H. or Achour was delivering to the other??
What is known is that H. was in possession of 3 kilograms of the same kind of resin (see the expert report, D339) and 33,000 [French] francs in cash, stored in the glove box of his car.
The circumstances outlined above amount to two strands of evidence against Achour, which elicited nothing more than vague and inconsistent explanations in which he accused H. of being the delivery man, claimed ignorance as to the nature of the two bags (!!!), and referred again and again, as a kind of ‘judicial trump card’, to the money-spinning air conditioners (repeatedly) and the savings of his late brother (A.).
A third body of evidence results from shadowing, tracking and telephone-tapping.
Treading stealthily like a Sioux and acting like a secret agent, before and after 30 October 1995, Achour moved about a good deal, showing a preference for mornings, twisting and turning constantly, keeping a sharp lookout where necessary, and receiving his ‘contacts’’ vehicles in his garage (albeit for very short amounts of time)... So what was going on??
What was going on his counsel argued, as, subsequently, did counsel for D. and R., was indeed ‘trading’, but in linen, foie gras (in ‘blocks’), counterfeit banknotes, trousers, but never hashish.
This cunning strategy was supported by the statements of G. (D322), and indeed those of V. and C.
Furthermore, and above all, no air conditioners, foie gras or trousers were seized on 7 December 1995; what was physically observed in this case was hashish, and a sizeable quantity of it.
Accordingly, Couider Achour, who already has several convictions, having, in particular, been sentenced to three years’ imprisonment in October 1984 for a drug offence, cannot lay claim to any favourable consideration, not least because of the particularly well-organised nature of his activities (the court has left aside the pagers, mobile phones, etc. used for ‘contacts’). The public prosecutor, for his part, has sought an eight-year prison sentence and the court agrees with and imposes that penalty, which is still mild when it is borne in mind that the defendant is subject to the rules on recidivism; a proportionate fine and continued detention, in addition, in order to ensure that the sentence is executed and that the offence is not repeated; lastly, as an additional penalty, exclusion from national territory for ten years.” 16. The Criminal Court also sentenced the applicant’s mother and the woman he lived with, S., to two years’ imprisonment, suspended, for handling the proceeds of drug offences. 17. In a judgment of 25 November 1997, the Lyons Court of Appeal increased the applicant’s sentence to twelve years’ imprisonment and upheld the exclusion order. It observed, among other things:
“By Article 132-9 of the Criminal Code, a person is deemed to be a recidivist when, having already been convicted with final effect of an offence punishable by ten years’ imprisonment, he or she commits a further offence carrying a similar sentence within ten years of the expiry of the limitation period for enforcing the previous sentence.
That was so in the case of Couider Achour-Aoul, who, having been sentenced by the Lyons Criminal Court on 16 October 1984, after adversarial proceedings, to three years’ imprisonment for offences under the regulations on buying, possessing, using, trading in and transporting drugs, punishable under Article L. 627, paragraph 1, of the Public Health Code, as applicable at the time, by a term of between two and ten years’ imprisonment, and having completed that sentence on 12 July 1986, committed the offences with which he was charged, which likewise carry a sentence of ten years’ imprisonment pursuant to Article 222-37 of the Criminal Code, in the course of 1995 and up to 7 December of that year.
In convicting him on the charges set out in the order committing him for trial, the court below made a correct analysis of the facts of the case and drew the necessary legal inferences. Its judgment must therefore be upheld as to the finding of guilt.
Despite having been convicted on 16 October 1984 of drug offences relating to the possession of 10 kilograms of cannabis resin, Couider Achour-Aoul, with no declared income since 1993, had no hesitation in committing further drug offences, making a substantial profit which he shared with his family and amassing a sizeable fortune which he invested shrewdly.
A total of 57 kilograms of cannabis resin – a substance extremely harmful to the health of young people, in particular those living in poverty, who are exposed to the illegal and dangerous activities of unscrupulous individuals – was found at his home. He also asked Mr H.M., who had sought his help in finding honest work, to sell hashish on his behalf.
Accordingly, both the nature and the seriousness of the accused’s conduct, reflecting a deep-seated inclination to crime for financial gain regardless of the risk to other people’s lives and occurring at a time when he was subject to the rules on recidivism, dictate that he should be sentenced to twelve years’ imprisonment ...” 18. The applicant appealed on points of law, arguing, among other things, that his classification in law as a recidivist contravened the rule governing the application of successive criminal laws, the Court of Appeal having retrospectively applied the harsher provisions of the new legislation. 19. In a judgment of 29 February 2000, the Court of Cassation dismissed his appeal. It held that the Court of Appeal had been justified in deeming him to be a recidivist, on the following grounds:
“... where a law introduces new rules on recidivism, for them to apply immediately it is sufficient for the offence constituting the second component of recidivism – which the offender may choose to commit or not to commit – to have been committed after the law’s entry into force.” 20. The applicant is due to become eligible for release on 21 June 2006. | [
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12. The applicant was born in 1938 and lives in Benevento. 13. On 5 May 1987 Mr F. asked the Benevento District Court to order the applicant to pay him 73,934,495 Italian lire (38,183.98 euros (EUR)) for professional services. On 11 May 1987 the President of the Benevento District Court granted the application. The order was served on the applicant on 20 May 1987. 14. On 8 June 1987 the applicant challenged the order in the Benevento District Court. Preparation of the case for trial began on 24 September 1987. Of the twenty-nine hearings listed between 26 November 1987 and 16 October 1998 seven were adjourned by the court of its own motion, ten were devoted to organising expert evidence and supplementary findings and two were adjourned at the parties’ request. 15. On 16 April 1999 the case was referred to the bench of judges dealing with the oldest cases (sezioni stralcio). Of the four hearings listed between 22 September 1999 and 8 February 2002 one was adjourned by the court of its own motion and one because the parties had not appeared. On 2 May 2003 the case was struck out of the list of cases because the parties had not appeared. 16. On 10 January 2002 the applicant lodged an application with the Rome Court of Appeal under Law no. 89 of 24 March 2001, known as the “Pinto Act”, complaining of the excessive length of the above-described proceedings. The applicant asked the court to rule that there had been a breach of Article 6 § 1 of the Convention and to order the Italian Government to pay compensation for the pecuniary and non-pecuniary damage sustained. The applicant claimed EUR 14,460.94 in pecuniary and non-pecuniary damages. He sought the reimbursement of his legal costs, including those incurred before the European Court of Human Rights, but did not quantify or give particulars of them. 17. In a decision of 21 June 2002, the text of which was deposited with the registry on 2 October 2002, the Court of Appeal found that the length of the proceedings had been excessive. It held as follows:
“ ... The proceedings have lasted approximately 15 years without being disposed of.
Their length is clearly well over the reasonable time required by Article 6 § 1 of the European Convention.
On the basis of the time periods considered reasonable in a series of judgments of the Strasbourg Court, this type of proceedings should have ended within three years at the most since they were normal proceedings on the merits to be prepared and dealt with in accordance with the ordinary procedure.
Accordingly, in respect of the surplus period of approximately 12 years the delay has to be regarded as unjustified.
That delay certainly cannot be attributed to culpable conduct on the part of the applicant, who did not make any unsubstantiated requests for an adjournment or applications for investigative measures on false pretexts since he merely put up with the numerous adjournments ordered by the court of its own motion and the slowness in preparing the case without being able to intervene to expedite the proceedings, as was in his interests, and have set aside an order to pay a substantial sum which he considered unfair.
Nor is the delay attributable to the complexity of the case since, on the contrary, it was an ordinary dispute which could easily have been disposed of in less time by examining a number of documents and the expert report that was drawn up, as the technical investigation did not require a lot of work.
Nor have the courts been negligent, since the overlong parts of the proceedings have to be attributed to the excessive caseload and the structural flaws for which the Benevento judicial departments are notorious.
Accordingly, responsibility for the delay can only be attributed to the Italian State, which, despite its obligation after signing and ratifying the European Convention of Human Rights to equip itself with a judicial system capable of dealing with its citizens’ legal claims, has failed to expedite proceedings because of persistent structural flaws and the growing increase in the caseload, despite a number of changes to the rules and a reinforcement of the court structures.
The applicant shall therefore be awarded just satisfaction.
No award shall be made for pecuniary damage because the applicant has failed to substantiate his claim.
He is, however, entitled to non-pecuniary damages since it cannot be excluded that he has suffered as a result of the consequent long and frustrating wait for a judgment which has still not been delivered after years of preparation of the case and which should solve a matter of major economic importance for him.
Having regard to the length of the delay, the interests at stake and the uncertain outcome of the dispute, we consider it equitable to make an award of 2,000 euros...”
The Court of Appeal dismissed the claim for pecuniary damages on the ground that the applicant had not provided any proof, awarded him EUR 2,000 on an equitable basis in compensation for non-pecuniary damage, EUR 700 for costs and expenses incurred in the proceedings before the European Court of Human Rights and EUR 900 for the costs and expenses incurred in the Pinto proceedings. 18. In a letter of 21 January 2003 the applicant informed the Court of the outcome of the domestic proceedings and asked it to resume its examination of his application. 19. The applicant has not indicated that he appealed to the Court of Cassation. 20. The Court of Appeal’s decision was served on the authorities on 23 January 2003 and became final on 24 March 2003. The applicant served the authorities with notice to comply on 15 October 2003. On 29 October 2003 the applicant lodged an application for a garnishee order with the Rome judge responsible for enforcement proceedings and a hearing was held on 28 March 2004. After obtaining a garnishee order on 27 May 2004, the sums were paid on an unspecified date after the order had been served. | [
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12. The applicant was born in 1962 and lives in Pesco Sannita (Benevento). 13. On 17 January 1992 the applicant brought proceedings in the Benevento Magistrate's Court, sitting as an employment tribunal, seeking acknowledgement of her right to be reregistered on the lists of farmers and of her status in that capacity. That status had been contested by the Farmers' Social Insurance Fund (Servizio Contributi Agricoli Unificati – “the SCAU”). Her entitlement to a maternity allowance depended on the type of occupational status she had. 14. On 22 February 1992 the Magistrate's Court set the case down for the first hearing on 14 March 1994. On that day it also requested documents relating to the records drawn up by the labour inspector and ordered them to be filed at a hearing on 8 November 1995. On that date, at the request of counsel for the defendant, the Magistrate's Court declared the proceedings interrupted on the ground that the SCAU had been abolished. 15. On 24 November 1995 the applicant lodged an application with the court registry for the proceedings to be resumed against the social-security department (Istituto Nazionale di Previdenza Sociale). On 25 January 1996 the Magistrate's Court set the case down for hearing on 21 October 1997. However, that hearing was adjourned by the court of its own motion to 4 March 1999. The next three hearings, held between 8 April 1999 and 18 September 2000, were devoted to hearing evidence from witnesses. One of those hearings was adjourned at the parties' request. On 13 November 2000 the parties made their submissions. 16. In a judgment of the same date, the text of which was deposited with the registry on 21 November 2000, the Magistrate's Court dismissed the claim because the applicant had failed to show that a relationship of subordination had existed at her work. 17. On 24 April 2001 the applicant lodged an appeal with the Naples Court of Appeal. On 11 February 2001 the president set the appeal down for hearing on 26 January 2004. On that day the Court of Appeal reserved judgment. In a judgment of the same date, the text of which was deposited with the registry on 15 March 2004, the Court of Appeal dismissed the appeal. 18. On 3 October 2001 the applicant lodged an application with the Rome Court of Appeal under Law no. 89 of 24 March 2001, known as the “Pinto Act”, complaining of the excessive length of the above-described proceedings. She asked the court to rule that there had been a breach of Article 6 § 1 of the Convention and to order the Italian Government to pay compensation for the non-pecuniary damage sustained, plus an unquantified amount for costs and expenses. 19. In a decision of 28 February 2002, the text of which was deposited with the registry on 30 April 2002, the Court of Appeal found that the proceedings had been excessively long. It held as follows:
“...The Convention principle that everyone's case must be examined within a reasonable time has been breached, and the applicant has sustained non-pecuniary damage for the excessive length of the proceedings involving interests of considerable importance. In truth, the proceedings ... should not have lasted more than five years for two levels of jurisdiction. Non-pecuniary damage (distress on account of the prolongment of proceedings relating to an important situation in the applicant's life) must be deemed to exist in relation to the violation of Article 6 § 1 of the Convention – a violation which objectively exists on account of the unreasonable length of the proceedings.
Given the complexity of the case, the conduct of the parties has not caused any delays. Nor has the conduct of the court and the other authorities involved in disposing of the proceedings caused the excessive delay. In truth, the length of the adjournments and thus the delay must be considered to be due to structural reasons.
The damage has to be determined on the basis of Article 2056 of the Civil Code in accordance with the criteria established in Articles 1223, 1226 and 1227-I of the Civil Code and only the damage relating to the period beyond the reasonable time must be taken into consideration under section 3 of the Pinto Act.
In respect of non-pecuniary damage (moral distress on account of the length of the proceedings beyond the reasonable time, as above) an amount of 500 euros should be paid for each of the two years exceeding a reasonable time, plus statutory interest accruing from the day on which the reasonable time was exceeded, which was at the end of 1997 (the usual scale relating to just satisfaction has been redefined in relation to the negative outcome of the proceedings at first instance, which has an effect on the expectations of justice and therefore on the stress caused by the delay). ...”
The Court of Appeal awarded the applicant 2,500 euros (EUR), on an equitable basis, in compensation for non-pecuniary damage and EUR 710 for costs and expenses. That decision became final by 15 June 2003 at the latest and was executed by the authorities on an unspecified date between 23 March 2004 and 12 July 2004. 20. In a letter of 7 January 2003 the applicant informed the Court of the outcome of the domestic proceedings and asked it to resume its examination of her application.
In the same letter the applicant also informed the Court that she did not intend to appeal to the Court of Cassation because an appeal to that court could only be on points of law. | [
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12. The applicant was born in 1942 and lives in Benevento. 13. On 15 July 1994 Mrs P., the applicant’s mother, brought proceedings in the Benevento Magistrate’s Court, sitting as an employment tribunal, seeking acknowledgment of her right to an invalidity pension (pensione di inabilità) and an attendance allowance (indennità di accompagnamento). 14. On 23 July 1994 the Magistrate’s Court set the case down for the first hearing on 11 March 1996. On that day the court appointed an expert and adjourned the proceedings to a hearing on 9 April 1997. 15. In a judgment of the same day, the text of which was deposited with the registry on 13 June 1997, the court dismissed Mrs P’s claim. 16. On 29 July 1997 Mrs P. lodged an appeal with the Naples District Court. The president of the court appointed a judge rapporteur and set the appeal down for hearing on 30 April 2001. 17. In the meantime, also on 29 July 1997, Mrs P. died. According to information provided by the applicant’s lawyer on 18 March 1998, when he attempted to file with the court registry the document stating his client’s intention to continue the proceedings as heir, an employee of the Naples District Court registry told him to come back in the year 2000. His reason for this was that the hearing would not be until 2001 and he would otherwise have to waste hours looking in hundreds of cases listed for April 2001. On 25 January 2000 the applicant lodged a document declaring his intention to continue the proceedings as heir. A hearing was listed for 14 February 2002. 18. In a judgment of 16 January 2003, the text of which was deposited with the registry on 21 March 2003, the court noted that a further expert’s report showed that Mrs P. had been suffering from a number of ailments which rendered her totally unfit for work and made it necessary to hire a permanent home help. Accordingly, it granted Mrs P.’s claim from 1 June 1996 until the date of her death. 19. On 3 October 2001 the applicant lodged an application with the Rome Court of Appeal under Law no. 89 of 24 March 2001, known as the “Pinto Act”, complaining of the excessive length of the above-described proceedings. The applicant requested the court to conclude that there had been a breach of Article 6 § 1 of the Convention and to order the Italian State to pay compensation for the non-pecuniary damage sustained, which he had assessed at 30,000,000 Italian lire (15,493.71 euros (EUR)), plus an unspecified amount in costs and expenses. 20. In a decision of 7 March 2002, the text of which was deposited with the registry on 6 May 2002, the Court of Appeal found that the length of the proceedings had been excessive for the following reasons:
“... The first-instance proceedings ended after approximately three years, whereas the appeal lodged in 1997 is still pending.
The Convention principle that everyone’s case must be examined within a reasonable time must be deemed to have been breached.
The length of the proceedings in question does not comply with the reasonable-time requirement because – given the subject matter – they should not have exceeded two years at first instance and eighteen months on appeal since the case is not a complex one.
No particularly repetitive conduct such as to prolong the proceedings can be attributed to the applicant.
It is undeniable that the judicial system – on account of the relevant rules of procedure and the lack of staff – prevents judicial proceedings from being disposed of rapidly, despite the intervention of the legislature, which has introduced specific reforms that have not, however, succeeded in having a decisive effect on the ‘slow workings’ of justice.
Having regard to the foregoing, the Court can only acknowledge that the applicant has incurred non-pecuniary damage as a result of the mental distress and the inevitable state of prolonged anxiety suffered by having to wait approximately seven years for the end of proceedings relating to the right to an attendance allowance.
Considering, on the basis of the above-mentioned factors, that there was a one-year delay at first instance and a three-year delay on appeal, damages may be determined, on an equitable basis, as currently standing at 1,000 euros plus interest accruing from the date on which this decision is deposited.”
The Court of Appeal also awarded EUR 800 for costs and expenses. The decision was served on 20 December 2002 and became final in February 2003. 21. In a letter of 8 January 2003, the applicant informed the Court of the outcome of the domestic proceedings and asked it to resume its examination of the application. 22. When payment was not forthcoming, on 26 May 2004 the applicant served notice on the authorities to pay the amounts due. When that proved unsuccessful he applied for a garnishee order, which was granted on 12 May 2005, against the Bank of Italy. According to the information provided by the applicant at the hearing on 29 June 2005, the Court of Appeal’s decision had not yet been enforced. | [
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12. The applicants were born in 1959, 1949, 1951 and 1953 respectively and live in Reggio di Calabria. 13. In 1992 the applicants inherited from Mr A. Scordino several plots of land in Reggio di Calabria, entered in the land register as folio 111, parcels 105, 107, 109 and 662. On 25 March 1970 Reggio di Calabria District Council had adopted a general development plan, which was approved by the Calabria Regional Council on 17 March 1975. The land in issue in the present application, an area of 1,786 sq. m designated as parcel 109, was made the subject of an expropriation permit under the general development plan with a view to the construction of housing on the land. The land was subsequently included in the zonal development plan approved by the Calabria Regional Council on 20 June 1979. 14. In 1980 Reggio di Calabria District Council decided that a cooperative society, Edilizia Aquila, would carry out building work on the land in question. In a decision of 13 March 1981, the administrative authorities granted the cooperative permission to occupy the land. 15. On 30 March 1982, pursuant to Law no. 385/1980, Reggio di Calabria District Council offered an advance on the compensation payable for the expropriation, the amount having been determined in accordance with Law no. 865/1971. The sum offered, 606,560 Italian lire (ITL), was calculated according to the rules in force for agricultural land, using a value of ITL 340 per square metre as a basis, with the proviso that the final amount of compensation would be determined once a law had been enacted laying down new compensation criteria for building land. 16. The offer was refused by Mr A. Scordino. 17. On 21 March 1983 the Regional Council issued an expropriation order in respect of the land. 18. On 13 June 1983 the District Council made a second offer of an advance, this time amounting to ITL 785,000. The offer was not accepted. 19. In judgment no. 223 of 15 July 1983, the Constitutional Court declared Law no. 385/1980 unconstitutional on the ground that it made the award of compensation subject to the enactment of a future law. 20. As a result of that judgment, Law no. 2359/1865, which provided that compensation for expropriation should correspond to the market value of the land in question, came back into force. 21. On 10 August 1984 Mr A. Scordino served formal notice on the District Council to determine the final amount of compensation in accordance with Law no. 2359/1865. On 16 November 1989 he learned that Reggio di Calabria District Council had assessed the final amount at ITL 88,414,940 (ITL 50,000 per square metre) in an order of 6 October 1989. 22. On 25 May 1990, contesting the amount of compensation he had been awarded, Mr A. Scordino brought proceedings against the District Council and the cooperative in the Reggio di Calabria Court of Appeal. 23. He argued that the amount determined by the District Council was ridiculously low in relation to the market value of the land and requested, among other things, to have the compensation calculated in accordance with Law no. 2359/1865. He also sought compensation for the period during which the land had been occupied before the expropriation order had been issued, and for the area of land (1,500 sq. m) that had become unusable as a result of the building work. 24. Preparation of the case for hearing began on 7 January 1991. 25. The cooperative gave notice of its intention to defend and raised an objection, arguing that it could not be considered a party to the proceedings. 26. On 4 February 1991, as the District Council had still not given notice of its intention to defend, the Reggio di Calabria Court of Appeal declared it to be in default and ordered an expert assessment of the land. By an order of 13 February 1991, an expert was appointed and was given three months in which to submit his report. 27. On 6 May 1991 the District Council gave notice of its intention to defend and raised an objection, arguing that it could not be considered a party to the proceedings. The expert agreed to his terms of reference and was sworn in. 28. On 4 December 1991 the expert submitted a report. 29. On 14 August 1992 Law no. 359 of 8 August 1992 (“Urgent measures aimed at stabilising public finances”) came into force. Section 5 bis of the Law laid down new criteria for calculating compensation for the expropriation of building land. The Law was expressly applicable to pending proceedings. 30. Mr A. Scordino died on 30 November 1992. On 18 September 1993 the applicants declared their intention to continue the proceedings. 31. On 4 October 1993 the Reggio di Calabria Court of Appeal appointed another expert and instructed him to assess the compensation for the expropriation according to the new criteria laid down in section 5 bis of Law no. 359/1992. 32. The expert submitted his report on 24 March 1994, concluding that the land’s market value on the date of the expropriation had been ITL 165,755 per square metre. In accordance with the new criteria laid down in section 5 bis of Law no. 359/1992, the compensation due was ITL 82,890 per square metre. 33. At a hearing on 11 April 1994, the parties asked for time to submit comments on the expert’s report. Counsel for the applicants produced a separate expert opinion and observed that the expert appointed by the court had omitted to calculate the compensation for the 1,500 sq. m of land that was not covered by the expropriation order but had become unusable as a result of the building work. 34. A hearing was held on 6 June 1994 at which observations were submitted in reply. The next hearing, scheduled for 4 July 1994, was adjourned by the court of its own motion until 3 October 1994 and then until 10 November 1994. 35. By an order of 29 December 1994, the court ordered a further expert assessment and adjourned the proceedings until 6 March 1995. However, the hearing was subsequently adjourned on several occasions as the investigating judge was unavailable. At the applicants’ request, the investigating judge was replaced on 29 February 1996 and the parties made their submissions at a hearing on 20 March 1996. 36. In a judgment of 17 July 1996, the Reggio di Calabria Court of Appeal held that the applicants were entitled to compensation calculated according to section 5 bis of Law no. 359/1992, both for the land that had been formally expropriated and for the land that had become unusable as a result of the building work. It also held that the compensation thus determined should not be subject to the further 40% statutory deduction applicable where the owner of the expropriated land had not signed an agreement for its transfer (cessione volontaria), seeing that in the applicants’ case the land had already been expropriated when the Law had come into force. 37. In conclusion, the Court of Appeal ordered the District Council and the cooperative to pay the applicants:
(a) ITL 148,041,540 (ITL 82,890 per square metre for 1,786 sq. m of land) in compensation for the expropriation;
(b) ITL 91,774,043 (ITL 75,012.50 per square metre for 1,223.45 sq. m) in compensation for the part of the land that had become unusable and was to be regarded as having been de facto expropriated; and
(c) compensation for the period during which the land had been occupied prior to its expropriation. 38. Those amounts were to be index-linked and subject to interest until the date of settlement. 39. On 20 December 1996 the cooperative appealed on points of law, arguing that it could not be considered a party to the proceedings. On 20 and 31 January 1997 respectively the applicants and the District Council likewise appealed.
On 30 June 1997 the cooperative applied for a stay of execution of the Court of Appeal’s judgment. That application was dismissed on 8 August 1997. 40. In a judgment of 3 August 1998, deposited with the registry on 7 December 1998, the Court of Cassation allowed the cooperative’s appeal, acknowledging that it was not a party to the proceedings as it had not formally been a party to the expropriation, although it had benefited from it. It upheld the remainder of the Reggio di Calabria Court of Appeal’s judgment. 41. In the meantime, on 18 June 1997, the amount awarded by the Court of Appeal had been deposited at the National Bank. On 30 September 1997 tax was deducted from it at a rate of 20% in accordance with Law no. 413/1991. 42. On 18 April 2002 the applicants applied to the Reggio di Calabria Court of Appeal under Law no. 89 of 24 March 2001, known as the “Pinto Act”, complaining about the excessive length of the above-described proceedings.
The applicants asked the court to find that there had been a violation of Article 6 § 1 of the Convention and order the Italian State and the Ministry of Justice to compensate them for non-pecuniary damage, which they assessed at 50,000 euros (EUR), and the pecuniary damage that they considered they had sustained as a result of the application of Law no. 359/1992 to their case. 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 A. Scordino, who died in 1992, when a reasonable time had not yet been exceeded.
Accordingly, the delays must be calculated only in respect of the subsequent period, and amount to three years and six months.
It is not the applicants who are responsible for the delay, but rather the malfunctioning of the judicial system.
The pecuniary damage alleged by the applicants has not been caused by the length of the proceedings and cannot therefore be compensated.
Having regard to the foregoing, the applicants are entitled only to compensation for the non-pecuniary damage they have sustained on account of the length of the proceedings, that is, the prolonged uncertainty regarding the outcome of the proceedings and the distress generally experienced as a result of that uncertainty.
In view of what was at stake, the amount to be awarded for non-pecuniary damage is EUR 2,450.” 44. The Court of Appeal ordered the Ministry of Justice to pay the applicants a total sum of EUR 2,450 for non-pecuniary damage alone. With regard to the government, the Court of Appeal considered that they could not be considered as a party to the proceedings. 45. Regarding the apportionment of the legal costs, the Court of Appeal ordered the Ministry of Justice to pay EUR 1,500 and the applicants to pay the remaining EUR 1,500. 46. The applicants did not appeal to the Court of Cassation. The Court of Appeal’s decision became final on 26 October 2003. | [
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12. The applicant was born in 1938 and lives in Benevento. 13. On an unspecified date E.A.S., a company, applied to the Benevento District Court for an order against the applicant for payment of 7,500,000 Italian lire (3,873.43 euros (EUR)) in performance of a contract for professional services. In a decision of 13 October 1988 the president of the court granted the application. The order was served on the applicant by E.A.S. on 28 November 1988. On 3 December 1988 the applicant challenged it in the same court. 14. Preparation of the case for trial began on 13 January 1989. On 18 January 1989 the case was joined to another case that was pending between the same parties. The immediate enforcement of the order was suspended. Of the seventeen hearings listed between 14 June 1989 and 26 November 1998 two were devoted to hearing evidence from the applicant, three to hearing other evidence, six were adjourned by the court of its own motion, one was adjourned to allow the parties to reach a friendly settlement, four were adjourned at the request of the applicant or both parties and one was adjourned because E.A.S. had failed to appear. 15. However, on an unspecified date the case was referred to the bench of judges dealing with the oldest cases (sezione stralcio). Of the six hearings listed between 16 March 1999 and 28 November 2001 one was adjourned because E.A.S. had not appeared (owing to the registry’s failure to notify it of the date to which the hearing had been adjourned by the court of its own motion), one because of a lawyers’ strike, one to allow the parties to make their submissions, and two by the court of its own motion. 16. Six hearings later, on 13 April 2005 the court set the case down for hearing of oral submissions on 8 June 2005. On that date judgment was reserved. According to information provided by the applicant on 12 October 2005, the proceedings were still pending. 17. On 10 January 2002 the applicant lodged an application with the Rome Court of Appeal under Law no. 89 of 24 March 2001, known as the “Pinto Act”, complaining of the length of the above-described proceedings. He asked the court to rule that there had been a breach of Article 6 § 1 of the Convention and to order the Italian State to pay compensation for the pecuniary and non-pecuniary damage sustained. The applicant claimed EUR 14,460.94 in pecuniary and non-pecuniary damages. He sought the reimbursement of his legal costs, including those incurred before the Court, but did not quantify or give particulars of them. 18. In a decision of 21 June 2002, the text of which was deposited with the registry on 3 September 2002, the Court of Appeal found that the length of the proceedings had been excessive. It held as follows:
“... Despite a number of adjournments for which the judicial authorities are not responsible because they were ordered at the request of the parties or because of a lawyers’ strike, the length of the proceedings was unreasonable.
Whilst the allegation of pecuniary damage and personal injury is not supported by any proof, the applicant very likely suffered mental distress on account of the unjustified length of the proceedings. The resultant damage, given the foregoing considerations, can be assessed at 1,000 euros, and the legal costs, including those for the proceedings before the European Court of Human Rights, at 800 euros.”
The Court of Appeal awarded the applicant EUR 1,000 on an equitable basis in compensation for non-pecuniary damage, and EUR 800 for costs and expenses, including those incurred before the Court, but without giving a breakdown. 19. In a letter of 21 January 2003 the applicant informed the Court of the outcome of the domestic proceedings and asked the Court to continue its examination of his application. 20. The applicant did not indicate that he had appealed to the Court of Cassation. 21. The Court of Appeal’s decision was served on 23 January 2003 and became final on 24 March 2003. The applicant served the authorities with notice to comply on 11 October 2003. The applicant lodged an application for a garnishee order with the Rome judge responsible for enforcement proceedings and a hearing was held on 28 March 2004. After obtaining a garnishee order on 27 May 2004, the amounts were paid on an unspecified date after service of the order. | [
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5. The applicant was born in 1969 and lives in Velenje. 6. On 20 April 1994 the applicant was injured while serving military service as a conscript. 7. On 23 April 1997 the applicant instituted civil proceedings with the Celje District Court (Okrožno sodišče v Celju) against the Ministry of Defence of the Republic of Slovenia seeking damages in the amount of 4,373,756 tolars (approximately 18,200 euros) for the injuries sustained.
On 25 September 1997 the presiding judge was appointed to the Celje Higher Court (Višje sodišče v Celju) and the case was assigned to a new judge.
On 23 November 1998 the applicant made a request that a date be set for a hearing.
Between 17 May 1997 and 20 September 2001 the applicant lodged eight preliminary written submissions and/or adduced evidence.
Of the five hearings held between 5 February 1999 and 8 October 2001 none was adjourned at the request of the applicant.
During the proceedings the court appointed a medical expert. The court also sought an additional opinion from the appointed expert.
At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 7 November 2001. 8. On 21 November 2001 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). He also requested that the court corrected its judgment. ZT cross-appealed.
On 5 November 2001 the judge, presiding the case before the first-instance court, was appointed to the Celje Higher Court and the case was assigned to a new judge.
On 10 November 2003 the Celje District Court held a hearing and decided to issue a supplementary judgment. This judgment was served on the applicant on 19 January 2004.
On 29 January 2004 the applicant appealed against the supplementary judgment to the Celje Higher Court.
On 27 May 2004 the court allowed the appeals from both parties, annulled the first-instance court’s judgment and remitted the case to the first-instance court for re-examination. 9. The proceedings before the first-instance court are still pending. | [
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5. The applicant was born in 1959 and lives in Goričan. 6. As a result of the accident at work, which occurred on 15 February 1988, the applicant was a disabled person. From 1 June 1990 until 30 September 1993, he was in training to qualify for a post suitable for his health problems. After the training, he was not appointed to any post at his employer, the company called EM. On 15 October 1994 he was made redundant. 7. On 24 November 1994 the applicant instituted labour law proceedings against EM in the Celje Labour Court (Delovno sodišče v Celju) contesting the termination of employment. He also sought temporary injunction.
On 12 December 1994 the court issued a temporary injunction ordering EM to pay the applicant an advance of his salaries since 1 November 1994.
EM appealed to the Higher Labour and Social Court (Višje delovno in socialno sodišče). On 12 January 1995 the court dismissed the appeal.
On 6 April 1995 the Celje Labour Court held a hearing and decided to deliver a written judgment.
The judgment, upholding the applicant’s claim, was served on the applicant on 13 April 1995. 8. At an undetermined time, EM appealed to the Higher Labour and Social Court.
On 9 October 1996 the court allowed the appeal and remitted the case to the first-instance court for re-examination. 9. On 19 September 1997 the applicant requested in the first-instance court that a date be set for a hearing.
Of the five hearings held between 27 March and 11 December 1997 none was adjourned at the request of the applicant.
The judgment, upholding the applicant’s claim, was served on the applicant on 17 December 1997. 10. At an undetermined time, EM appealed to the Higher Labour and Social Court.
On 4 February 1999 the court allowed the appeal in part and remitted the claim to the first-instance court for re-examination. 11. At an undetermined time, EM lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče).
On 23 November 1999 the court dismissed the appeal. The judgment was served on the applicant on 14 December 1999. 12. On 24 February 2000 the first-instance court held a hearing and appointed a financial expert to calculate the applicant’s loss of income. On 1 February 2001 the court held a hearing and decided to issue a written judgment. The judgment was served on the applicant on 26 February 2001. 13. On 27 February 2001, the applicant appealed against the decision concerning the costs and expenses.
On 18 July 2002 the Higher Labour and Social Court dismissed the appeal. The decision was served on the applicant on 3 September 2002. | [
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5. The applicant was born in 1963 and lives in Velenje. 6. On 5 February 1996 the applicant was injured in an accident at work in a mine. The applicant’s employer had taken out insurance with the insurance company ZT. 7. On 27 May 1998 the applicant instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 3,068,257 tolars (approximately 12,800 euros) for the injuries sustained.
Between 19 June 2001 and 14 February 2002 the applicant lodged five preliminary written submissions and/or adduced evidence.
Between 10 November 1998 and 30 March 2001 he made five requests that a date be set for a hearing.
Neither of the hearings held on 24 September 2001 and 11 March 2002 was adjourned at the request of the applicant.
During the proceedings the court appointed a medical expert.
At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 11 April 2002. 8. On 15 April 2002 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). ZT cross-appealed.
On 9 July 2003 the court dismissed both appeals.
The judgment was served on the applicant on 25 August 2003. 9. On 12 September 2003 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). ZT cross-appealed.
On 17 February 2005 the court dismissed the appeal.
The judgment was served on the applicant on 21 March 2005. | [
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5. The applicant was born in 1974 and lives in Vitanje. 6. On 28 June 1994 the applicant was injured while serving a military service as a conscript. 7. On 30 December 1996 the applicant instituted civil proceedings against Ministry of Defence in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 4,367,095 Slovenia tolars (approximately 18,200 euros) for the injuries sustained.
Between 21 September 1998 and 3 July 2003 the applicant lodged seven preliminary written submissions and/or adduced evidence.
Between 1 September 1997 and 25 November 1998 he made three requests that a date be set for a hearing.
Of the three hearings held between 5 October 1998 and 1 October 2003, none was adjourned at the request of the applicant.
During the proceedings, the court appointed a medical expert and a fighting expert.
In the course of the proceedings, the case was twice, namely on 25 September 1997 and 5 November 2001, reassigned to a new judge due to a promotion of the previous judges.
At the last hearing, the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 8 December 2003. 8. On 10 December 2003 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju).
On 20 October 2005 the court allowed the applicant’s appeal in part.
The judgment was served on the applicant on 8 December 2005. 9. On 13 December 2005 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče).
The proceedings are still pending. | [
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5. The applicant was born in 1960 and lives in Žalec. 6. On 4 March 1995 the applicant was injured in a car accident. The perpetrator of the accident had taken out insurance with the insurance company ZT. 7. On 13 August 1996 the applicant instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 7,488,140 tolars (approximately 31,200 euros) for the injuries sustained.
At an undetermined time in 1997, the judge presiding the case was appointed to the Celje Higher Court (Višje sodišče v Celju) and the case was transferred to a new judge.
Between 5 November 1996 and 22 January 1999 he made three requests that a date be set for a hearing.
Between 27 April 1997 and 18 June 2001 the applicant lodged fourteen preliminary written submissions and/or adduced evidence.
Of the six hearings held between 27 January 1998 and 26 June 2001 none was adjourned at the request of the applicant.
During the proceedings the court appointed two medical experts and a road traffic expert. The court once replaced the designated road traffic expert with a new one.
At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 10 December 2001. 8. On 17 December 2001 the applicant appealed to the Celje Higher Court. ZT cross-appealed.
On 19 February 2002 the court requested the first-instance court to correct its judgment in the part concerning the penalty interests.
On 3 June 2003 the first-instance court corrected its judgment.
On 10 June 2003 the applicant appealed.
On 27 January 2005 the court dismissed the applicant’s appeals, allowed the ZT’s appeal in part and lowered the damages awarded.
The judgment was served on the applicant on 28 February 2005. 9. On 10 March 2005 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče).
The proceedings are still pending. | [
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