Prompt:
64.  On 16 September 2005 the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) of the Parliamentary Assembly of the Council of Europe (PACE) issued a report on “The functioning of the democratic Institutions in Moldova”. The section devoted to Transdniestria reads as follows:
“31. Major new developments have occurred during the last months which the Assembly has to follow very closely and accompany in the best possible way. 32. Following intense diplomatic contacts between Moldova and Ukraine, at the GUAM Summit in Chisinau on 22 April the Ukrainian President Yushchenko announced a 7-point initiative to settle the Transnistrian issue. ...
The main thrust of this new plan is to achieve a long-lasting solution through the democratisation of Transnistria. This would entail:
– the creation of conditions for the development of democracy, civil society, and a multi-party system in Transnistria;
– holding of free and democratic elections to the Transniestrian Supreme Soviet, monitored by the European Union, the OSCE, the Council of Europe, Russia, United States, and other democratic countries including Ukraine;
– the transformation of the current format of peacekeeping operation into an international mission of military and civil observers under the aegis of the OSCE and the expansion of the number of Ukrainian military observers in the region;
– admission by Transniestrian authorities of an international monitoring mission, to include Ukrainian experts, to military-industrial enterprises in the Transniestrian region;
– a short-term OSCE monitoring mission in Ukraine to verify the movement of goods and persons through the Ukrainian-Moldovan border. 33. The full text of the Ukrainian plan was presented on 16-17 May at a meeting of the representatives of the mediators and Moldova and Transnistria in Vinnitsa, Ukraine after the Ukrainian Secretary of Security Council


Prompt: 116.  According to the report, the injuries were caused shortly before Mr Shchiborshch was admitted to hospital. His death was caused by the stab/slash wound to his neck, which affected the jugular vein, and multiple slash wounds which were complicated by profuse bleeding. Other injuries, such as craniocerebral trauma, complicated Mr


Prompt:
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 (...)


Prompt: 80.  In his observations on the merits of the case, the applicant stated that this explanation was inadequate and simply untrue. He submitted that his transfer had been arbitrary, since some of the prisoners who would otherwise have qualified for such a transfer remained for some reason in IK‑13 (the applicant cited the following names:


Prompt:
18.  The applicant complained to various Russian authorities, including the Kaliningrad Regional Ombudsman, about the poor conditions of his detention. On 28 June 2001 the applicant received a letter from the Ombudsman which, in so far as relevant, read as follows:
“An inspection, performed by


Prompt: 27.  On 29 May 2002 the second applicant requested assistance from the VOVD in establishing the whereabouts of Movsar and Beslan Khutsayev. In her letter she explained that on the night of 16 December 2001 a group of representatives of Russian power structures had broken into her house and conducted an unlawful search, and that they had subjected her family members to beatings and had taken away her two sons Beslan and


Prompt:
196.  In the affidavit in question, entitled “Statement for the Deputy Minister of Justice” and handwritten by Mr Saydayev, he stated:
“On 13 September 2002, at Tbilisi Prison no. 5, I assisted investigators from the Ministry of Security as an interpreter in the case of Mr A. Adayev, Mr


Prompt: 75.  On 14 February 2003 the district prosecutor’s office requested all town and district prosecutor’s offices of the Chechen Republic to inform it whether law-enforcement authorities within the areas under their responsibility had arrested


Prompt: 14.  According to the applicant, it was her son, Timerlan Soltakhanov, whom the authorities had wounded and arrested by mistake on 7 June 2003 and not Mr Dzh. Abdurzakov, who remained at large. At a later date she learnt that Mr


Prompt: 8.  In 2005-08 the applicant occupied the post of head of the corporate business department of the TuranAlem Bank (“the BTA Bank”), a private bank established in Kazakhstan and chaired at the material time by Mr


Prompt: 84.  In August 2000 the investigation questioned Galina P. (born in 1937), who stated that in the winter of 1999-2000 she had remained in Grozny. She had moved in to the Tangiyevs' house in Derzhavina Street, where nine people were staying in the cellar, and remained there until 24 December 1999. They had then moved to another house at 144 Pugacheva Street, because the shelling had become too intense and the first house had been damaged. About sixty people, mostly elderly, had stayed in the big cellar at 144 Pugacheva Street. The Chechen fighters had left their district around 18 December 1999. The witness testified that the federal soldiers had regularly visited their cellar and forced the inhabitants to help them retrieve the wounded and dead. On 1 or 2 January 2000 the three youngest men from the cellar (aged below 50) had been taken away by soldiers and later found dead. The witness described the soldiers as wearing blue-grey camouflage uniforms. She also testified that on 10 January 2000, along with the two Tangiyev sisters, she had visited the Tangiyev's house, where four persons had been staying:


Prompt: 14.  The Government did not challenge most of the facts as presented by the applicants. They submitted that on 19 February 2003 unidentified armed persons entered the house in Novy Tsentoroy, kidnapped


Prompt:
20.  This Act, which came into force on 18 April 2001, completes Article 111 of the Italian Constitution, which provides that the right to have proceedings conducted within a reasonable time shall be guaranteed by legislation. The new Act enables a claim for compensation to be made in the Court of Appeal, which will apply the case-law of the European Court of Human Rights, by anyone who has sustained pecuniary or non-pecuniary damage as a result of the inordinate length of proceedings.
Section 2 (Entitlement to just satisfaction)
“1.  Anyone sustaining pecuniary or non-pecuniary damage as a result of a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms, ratified by Law no. 848 of 4 August 1955, on account of a failure to comply with the ‘reasonable time’ requirement in Article 6 § 1 of the Convention, shall be entitled to just satisfaction. 2.  In determining whether there has been a violation, the court shall have regard to the complexity of the case and, in the light thereof, the conduct of the parties and of the judge deciding procedural issues, and also the conduct of any authority required to participate in or contribute to the resolution of the case. 3.  The court shall assess the quantum of damage in accordance with Article 2056 of the Civil Code and shall apply the following rules:
(a)   only damage attributable to the period beyond the reasonable time referred to in subsection 1 may be taken into account;
(b)   in addition to the payment of a sum of money, reparation for non-pecuniary damage shall be made by giving suitable publicity to the finding of a violation.”
Section 3 (Procedure)
“1.  Claims for just satisfaction shall be lodged with the court of appeal in which the judge sits who has jurisdiction under Article 11 of the Code of Criminal Procedure to try cases concerning members of the judiciary sitting in the district where the case in which the violation is alleged to have occurred was decided or discontinued at the merits stage or is pending. 2.  The claim shall be made on an application lodged with the registry of the court of appeal by a lawyer holding a special authority containing all the information prescribed by Article 125 of the Code of Civil Procedure. 3.  The application shall be made against


Prompt: 15.  On 13 and 19 April 2004 the applicants applied to the head of the Grozny District Police Department, the Grozny District Prosecutor's Office, the head of the village administration and the internal passport authority (паспортный стол) with a description of the circumstances leading to the death of Mr


Prompt: 65.  The Government also adduced the transcript of a hearing held by the Leninskiy District Court of Stavropol on 3 December 2001. According to this document, both the applicant and her legal counsel, Mr


Prompt: 60.  Immediately after their relatives had been apprehended, the applicants, together with the head of the local administration, wrote to the head of the Chechen administration, Mr A. Kadyrov, describing in detail the circumstances of their relatives’ apprehension and requesting information about their whereabouts. The applicants and their relatives submitted similar complaints to various official bodies, such as the prosecutors’ offices at different levels and the Special Envoy of the Russian President in Chechnya for Rights and Freedoms (“


Prompt: 7.  On 16 March 2003 the State Security Department (“the SSD”) intercepted a telephone conversation between the applicant and Jurij Borisov (“J.B.”) (see Borisov v. Lithuania, no. 9958/04, § 15, 14 June 2011), a major contributor to the electoral campaign of the State President,


Prompt:
207.  The applicants are:
(1) Mr Vakhita Ibragimov, who was born in 1960,
(2) Mr Ilyas Ibragimov, who was born in 1984,
(3) Ms Satsita Sakhabova, who was born in 1963,
(4) Ms Toita Sadulayeva, who was born in 1935,
(5) Ms


Prompt: 38.  The applicant maintained his submissions. Moreover, he alleged that on account of the FOM’s evident reluctance to grant exemptions under Article 4a § 2 of the Taliban Ordinance, he could not leave his home in Campione d’Italia despite the lack of adequate medical facilities there, or even go to Italy for administrative or judicial reasons, and that he had therefore effectively spent the past years under house arrest. The addition of his name to the Sanctions Committee’s list was also tantamount to accusing him publicly of being associated with


Prompt:
29.  The witnesses mentioned below alleged in their statements that gendarmes had burned the applicant's house along with some other houses in Dirimpınar on 18 September 1994.
(i) Statements dated 20 May 2000 by Dilsa, Saliha, Leyla, Evin, Gülüstan and


Prompt: 29.  The applicant’s description of the conditions of detention during his transfer from the remand prison to court and back, and the Government’s submissions in that regard, were identical to those in the case of


Prompt: 86.  In August 1997, during a Parliamentary session, the Member of Parliament Fikri Sağlar, put questions in relation to the killing of Yusuf Ekinci to the then Prime Minister Mr Mesut Yılmaz. Mr Sağlar mentioned that it was common knowledge that


Prompt: 30.  The autopsy report, following the post-mortem examination of 4 January 1999, noted that Judith McGlinchey weighed 41 kg. It stated that although one symptom of heroin withdrawal can be vomiting, the cause of the applicant’s vomiting was never fully established. Episodes of severe vomiting could have caused a tear in the upper gastro-intestinal tract (“a


Prompt:
141.  On 28 January 2001, further to an oral request from the Silopi public prosecutor's office, the commanding officer of the Şırnak gendarmerie regiment sent two notes to the Şırnak and Silopi public prosecutors' offices and to the Şırnak provincial governor indicating that:
(a)


Prompt:
36.  In a judgment of 23 September 2013 the Conseil d’Etat dismissed the application for judicial review. As to the complaint under Article 3 of the Convention and the risk of an irreducible life sentence, the Conseil d’Etat reasoned as follows:
“Even supposing that the applicant is sentenced by the US courts to life imprisonment, it should be noted that in its Vinter and Others v. United Kingdom judgment of 9 July 2013 [the Court] ruled that: ‘a life sentence does not become irreducible by the mere fact that in practice it may be served in full’, that ‘no issue arises under Article 3 if a life sentence is de jure and de facto reducible ...’ and that ‘where national law affords the possibility of review of a life sentence with a view to its commutation, remission, termination or the conditional release of the prisoner, this will be sufficient to satisfy Article 3’.
In the present case, as in that of Babar Ahmad and Others v. United Kingdom which led to [the Court’s judgment] of 10 April 2012, the applicant has not been sentenced by a US court to life imprisonment, and has still less begun serving such a sentence.
As in the aforementioned case, therefore, the applicant does not show that in the event of a life sentence, the question will arise whether there is any legitimate penological justification for continuing his imprisonment.
Moreover, in his most recent submissions the applicant acknowledges that a possible life sentence imposed on him would be reducible de jure. US law allows him either to request a review or apply for a Presidential pardon or commutation of sentence, and the applicant does not contend that this power of executive clemency or sentence commutation is accompanied by restrictions comparable to those in issue in the [Court’s] aforementioned judgment of 9 July 2013.
Although the applicant challenges the assertion that such a sentence is reducible de facto, the explanations provided to the opposing party by the US authorities do show that the US President has already used his power to commute sentences. Therefore, the legal remedy available to the applicant in the event of a life prison sentence is not excluded in practice.
Furthermore, the applicant’s contention that since the 11 September 2001 terrorist attack it has been inconceivable for the US President to grant a pardon to or commute the sentence of a person convicted of terrorism has not been substantiated by any reliable information, nor can it be in view of the relatively short period of time, as compared with a life sentence, which has elapsed since the said attack and any criminal sentences subsequently imposed.
As in


Prompt: 20.  The Grahams appealed to the House of Lords, which, on 4 July 2002, allowed their appeal and restored the order of the High Court ([2002] UKHL 30, [2002] 3 All ER 865). Lord Browne-Wilkinson, with whom Lord Mackay of Clashfern and Lord Hutton agreed, held that the Grahams did have “possession” of the land in the ordinary sense of the word, and therefore the applicant companies had been “dispossessed” of it within the meaning of the 1980 Act. There was no inconsistency between a squatter being willing to pay the paper owner if asked and his being in possession in the meantime. Concluding, Lord


Prompt: 64.   In a report (рапорт) of 14 July 2006 the Department of the Interior of the Urus-Martanovskiy District (hereinafter also “the Urus-Martanovskiy ROVD” or “the ROVD”), informed the district prosecutor’s office that despite a door-to-door check (подворный обход) carried out in Urus‑Martan, it had proved impossible to identify witnesses to the abduction of


Prompt: 62.  On 9 February 2000 the second applicant travelled to Grozny. In the courtyard at 107 Neftyanaya Street she picked up several cartridges from an automatic weapon and her brother's hat. On the same day the second applicant saw five dead bodies in a nearby garage, belonging to three women and two men. A sixth person from that group, Elena G., had survived the massacre and later told the applicant, who found her in a hospital in Ingushetia, that they were shot on 19 January by soldiers from the 205th brigade from Budennovsk. She also said that she had seen


Prompt:
8.  On 16 July 1997 the applicant published an article entitled “Save the barbed wire, citizen Durdinets” (Экономьте колючую проволку, гражданин Дурдинец – the second article), where he stated that Mr Durdinets had personally instructed the General Prosecutor to institute criminal proceedings against him. The relevant extracts from the article read as follows:
“...As we have learned, immediately after the release of the article [Durdintsovshchina], Durdinets summoned the General Prosecutor,


Prompt: 14.  Since 9 November 2002 the first three applicants have repeatedly applied in person and in writing to various public bodies, including prosecutors at various levels, the President of Russia, the administrative authorities of Chechnya, the Urus-Martan military commander's office and the Urus-Martan Town Court. They have also applied in writing and visited a number of detention centres and prisons in the Northern Caucasus. The applicants were supported in their efforts by the SRJI. In their letters to the authorities, the applicants and the SRJI referred to the facts of


Prompt:
43.  On 15 April 2008 the applicant again asked for his detention to be lifted on health grounds. This was refused by the Rijeka County Court on 25 May 2008 and the applicant’s detention was extended for a further two months. The relevant part of that decision reads as follows:
“This court finds that the ground for ordering the applicant’s detention under Article 102 paragraph 1(4) of the Code of Criminal Procedure still exists because of ... a suspicion that in the period between 15 October 1991 and the end of April 1992 the first defendant,


Prompt: 18.  In approximately ten minutes they arrived at the Organised Crime Unit (УБОП) at the Ministry of the Interior of Ingushetia in Nazran. The first applicant could see the building through the hat pulled over his eyes. He and Mr


Prompt:
33.  Lord Hope therefore concluded that, despite the weight that had to be given to the right to freedom of expression that the press needs if it is to play its role effectively, there was an infringement of Ms Campbell's privacy which could not be justified.
(b)


Prompt: 61.  On 2 September 2009 Switzerland sent to the Sanctions Committee a copy of a letter of 13 August 2009 from the Federal Prosecutor’s Office to the applicant’s lawyer, in which that Office confirmed that the judicial police investigation in respect of his client had not produced any indications or evidence to show that he had ties with persons or organisations associated with


Prompt:
37.  In a judgment of 28 April 2011 the Court of Cassation dismissed the applicants’ appeal and ordered them to pay Mrs Bettencourt the sum of EUR 4,000 in costs. It gave the following reasons for its decision:
“... the judgment observes that long extracts were published from the statements taken during the preliminary investigation ..., in which [Mrs


Prompt: 41.  On 5 May 2005 the first applicant complained to the Chechnya prosecutor's office. He stated that his two sons, Aslan and Mokhmad Mudayev, had been abducted on 29 January 2003 by representatives of the Nadterechniy district department of the FSB under the command of officer


Prompt: 26.  On 17 January 2001 Ms H.A. was granted victim status and questioned. She submitted that on 10 March 2000 at 10 a.m., when she had gone to the market with her daughter, her husband, Mr T., and their neighbour, Mr


Prompt:
13.  On 26 October 2004 the prosecutor authorised the use of an undercover police agent to infiltrate the applicants’ circle in order to obtain information and evidence about the drug trafficking. It also authorised the undercover agent to purchase 150 ecstasy tablets. After each transaction the undercover agent wrote a report on the meeting with the first applicant. The prosecutor noted as follows:
“there are strong indications that the crime of drug trafficking has occurred/is about to occur ... as


Prompt: 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


Prompt: 58.  On 8 February 2007 the investigating authorities instructed the head of the Urus-Martan District Department of the Interior (ROVD) to locate persons held at the detention facility of the Urus-Martan VOVD simultaneously with


Prompt: 21.  The statement also made links between the attack on Donnelly's Bar and other attacks allegedly carried out by members of the security forces, both RUC and UDR, and loyalist paramilitaries. This group used the farmhouse in Glennane owned by


Prompt: 127.  On 16 February 2008 the first applicant requested that the investigators inform her about the progress in the proceedings, and sought information from the Federal Service for the Execution of Sentences on the possible detention of Mr


Prompt: 47.  He alleged that he was stripped naked, together with Tahir Elçi, and hosed down with pressurised cold water in the toilet on 9 December 1993 as he had refused to sign statements, the contents of which were not disclosed to him. The cold water torture only ceased when he began bashing his own head against the wall as he could not bear it any more. Tahir Elçi,


Prompt:
17.  On 21 December 2004 an inspecting officer from the criminal investigation division of the Chechnya MVD issued a summary of the official internal inquiry into the circumstances of Khozh‑Akhmed Akhmadov’s death. The document stated, inter alia, the following:
“... at about 10.50 p.m. on 19 November 2004 in Zhukovskogo Street in Grozny, next to “Musa Motors” service station a group of thirty unidentified persons in camouflage uniforms who were armed with automatic firearms and drove around in ten to fifteen silver “Niva” and VAZ-21099 cars without registration numbers, stopped a silver VAZ-21099 car... with police sergeant


Prompt: 33.  In their observations, the Government included the statement by the applicant dated 12 October 2004 and addressed to the Head of the Main Directorate of Execution of Sentences of the Ministry of Justice in charge of the Rostov Region,


Prompt: 30.  On 26 September 2002 the Administration of Duba-Yurt issued the first, third and seventh applicants with certificates stating that Mr Suliman Malikov, Mr Aslan Khatuyev, Mr Adlan Khatuyev, Mr Sayd-Salu Akhmatov and Mr


Prompt:
38.  On 25 November 2010 the Registrar of the Court sent the following letter to the Government:
“The President of the Court ... has instructed me to express on his behalf his profound regret at the decision taken by your authorities to extradite Mr


Prompt: 8.  According to the applicant, early in the morning of 18 May 2001 a “sweeping operation” (зачистка) took place in Serzhen-Yurt. At about 5 a.m. a group of armed men wearing masks and dressed in camouflage broke into the applicant’s home and entered the room where the applicant, her husband and their 12-year-old daughter were sleeping. The applicant was forced by a man armed with a sub-machine gun to stand against the wall in the hall, while other men held her husband down in another room. The applicant describes the men as well-built, tall and speaking unaccented Russian. One of them was, in her estimation, 40-45 years old. They did not introduce themselves, show any identification or ask anyone for identity documents, nor did they ask any questions. When the applicant asked them what they wanted and who they were looking for they told her to be quiet. The soldiers put a sack over Mr


Prompt: 6.  On 29 October 2001 a criminalist of the Vukovar Police Station (Policijska postaja Vukovar) drew up a report on the events of the night of 10 to 11 December 1999. On 30 October 2001 the applicant was removed from his post. On the same day the Vukovar-Srijemska Police Department lodged a request with the Vukovar Police Station that disciplinary proceedings against the applicant be instituted. On 11 December 2001 the applicant made his statement to an officer of the Vukovar-Srijemska Police Department (Policijska uprava vukovarko srijemska), in the presence of his counsel. However, subsequently no disciplinary proceedings were instituted against the applicant. Instead, in a decision of 7 January 2002


Prompt: 66.  On an unspecified date the investigators requested the FSB Department of the Chechen Republic to provide information on Mayrudin Khantiyev's eventual implication in illegal armed groups. From the reply of that authority it followed that


Prompt:
23.  The article continued as follows:
“Since the billionaire’s daughter has taken her case to the courts, accusing her mother’s protégé of the offence of ‘undue influence’, ripples of disgust have been felt along the majestic avenues of Neuilly and beyond – the high society of Paris in finance, industry and politics – concerned that it may one day be regretted that no one had seen anything, or at least said anything.
For the investigation has revealed the existence of lavish gifts, apparently totalling around 1 billion euros. Could such riches pass unnoticed? There’s a disturbing detail: the largest sums were assigned to B. in the spring of 2003 and in the summer of 2006, at a time when


Prompt: 18.  On 5 September 2007, the applicant's parents informed the Minister of Justice – in reply to the letter of 30 August 2007 – that they disagreed with the manner of calculation and the amount of compensation. On 19 September 2007,


Prompt: 15.  On 30 May 1996, in order to obtain funds to pay the creditors, the judge’s husband Mr Örn Clausen issued four debt certificates to Landsbréf hf, Verðbréfamarkaður Landsbankans (Landsbréf, the Securities Market of the National Bank, a financial institution owned by the National Bank), totalling approximately ISK 13,600,000. The debts were secured on two properties owned by Mrs Justice


Prompt: 145.  The Government did not submit a copy of the investigation file concerning further developments in the case. From the documents presented by the applicants it appears that on 8 July 2010 the NGO SRJI/ASTREYA, on behalf of Mr


Prompt:
5.  In August 2001, in the tenth issue of the newspaper, an article which contained an interview with Cemil Bayık, who was one of the leaders of an illegal organisation, namely the PKK (the Kurdistan Workers' Party), was published. The relevant parts of the interview read as follows:
“Three years have passed since the PKK declared a ceasefire to stop the bloodshed and to contribute to the peace process. Subsequently, the PKK withdrew its armed forces out of Turkey to maintain peace. However, the state did not take any steps for democratisation or to solve the Kurdish problem.
...
The case brought against our leader


Prompt:
14.  On the same day the Rijeka Archdiocese informed the two schools in which the applicant was employed of the new situation. The relevant part of the letter read:
“We should inform you that on 31 August 2006 canonical mandate no. 492/08-2002 was withdrawn from the teacher of religious education,


Prompt: 23.  The first applicant’s husband appealed. On 28 March 2007 the House of Lords delivered its judgment (Jordan v. Lord Chancellor and Another and McCaughey v. Chief Constable of the Police Service Northern Ireland [2007] UKHL 14): this judgment addressed the similar appeal of


Prompt: 36.  As to Mr Grande Stevens, it was true that he was not an executive director of Exor s.p.a. Nonetheless, the administrative offence punishable under Article 187 ter of Legislative Decree no. 58 of 1998 could be committed by “anyone”, and therefore by a person in any capacity whatsoever; Mr


Prompt: 31.  According to the applicants, Lechi Shaipov had sixteen gunshot wounds to the body and three to the head; Sharip Elmurzayev's body had several gunshot wounds and was burned, and the left eye was missing;


Prompt: 47.  According to the Government, the investigation failed to establish the whereabouts of Khasan Yusupov and three other men. The law enforcement authorities of Chechnya had never arrested or detained


Prompt: 7.  On 16 March 1993, while in detention, Harun Çetin’s health deteriorated and he was admitted to Şişli Etfal Hospital. On the same day, he was transferred to Cerrahpaşa hospital. On his arrival, Harun Çetin was unconscious and had slight bruises and abrasions on various parts of his body. A brain scan revealed a subdural haematoma in the right fronto-temporo‑parietal region. He was immediately operated on and remained in the hospital’s intensive care unit until 9 June 1993, without, it appears, regaining consciousness.


Prompt: 22.  The application for judicial review of the decision to detain the applicant was considered by Mr Justice Calvert-Smith in a judgment handed down on 7 December 2006. The judge reiterated the principles established by domestic case-law, most notably in the case of R v Governor of Durham Prison, ex parte


Prompt: 52.  On 26 March 2002 the Department of the Prosecutor General's Office for the Northern Caucasus informed the applicant that the criminal case concerning her son's kidnapping had been suspended on 22 April 2001 due to a failure to identify the alleged perpetrators. There were no reasons to review that decision. It was not possible to establish which federal agencies had taken away


Prompt:
40.  On 27 March 2004 the district prosecutor’s office quashed the decision to suspend the investigation and reopened the proceedings. The decision stated, inter alia:
“It is necessary to take the following investigative actions:
- to grant one of the relatives [of


Prompt: 10.  I.H.Y. heard the shots fired by his colleague and thought that Murat Kasap might have a gun. According to his statement, he ordered Murat Kasap to stop and fired three shots in the air. While he was running after


Prompt: 110.  In addition to the grounds of appeal submitted by the applicant’s lawyers, Mr Grigolashvili, as a victim, lodged a separate appeal against the judgment. Mr Grigolashvili submitted that he had never seen the applicant or spoken to him. According to Mr


Prompt:
20.  On the same day the Supreme Court adopted a judgment in which it upheld the applicant’s conviction and increased his sentence to eight years’ imprisonment. The relevant part of the judgment reads:
“The Deputy State Attorney of the Republic of Croatia, after consulting the case file ... in a reasoned opinion of 16 March 2010 ... asked for the appeal lodged by the State Attorney’s Office to be allowed and the appeal lodged by the accused to be dismissed.
...
The accused


Prompt: 54.  On an unspecified date between February and March 2014 the investigators asked the first applicant to identify the body found on 1 July 2013. According to the applicant, she was not shown the actual corpse, but a photograph of it. She was able to tell from the photograph that it was not the body of her son Mr


Prompt: 81.  On 8 October 2006 the investigators questioned the applicant’s sister, Mrs S.M., who stated that on 12 April 2002 the applicant had informed her about Ibragim Uruskhanov’s abduction. According to the witness, on 24 April 2002 she had found out that human remains had been discovered on the outskirts of a nearby village. After she had arrived at the site, she saw fragments of human bodies and pieces of clothing scattered around. The witness had found black leather slippers that she had purchased for her nephew


Prompt: 8.  At around 10 a.m. on 25 August 2007 Mustafa Döleksoy’s neighbours noticed a strong smell coming from his summer house near the town of Erdemli in southern Turkey. They informed the caretaker and the security guard of the summer house complex, who immediately went to


Prompt: 195.  The first applicant is the mother of Mr Abdul-Malik Dishnayev, who was born in 1970, and his brother, Mr Abdul Dishnayev, who was born in 1974. The second and third applicants are their sisters. The fourth applicant is the father of Mr


Prompt: 87.  On 19 August 2004 the district prosecutor’s office asked Sunzhenskiy District Hospital to produce the second applicant’s medical record, which contained information on the injuries he had sustained on 20 July 2004. They commented that the request was “in connection with the investigation in criminal case no. 04600044 concerning


Prompt: 15.  At 7.40 p.m. Suren Muradyan’s condition worsened. He was conscious and agitated. He vomited, complained of nausea and abdominal pains and was pale and breathing heavily. According to the medical orderly,


Prompt:
38.  On 20 February 2007 the district prosecutor’s office informed the applicant that they could not establish the truth of what had happened with the abduction of Said-Emin Sambiyev by servicemen of military unit no. 28337, as the key witness in the case, Mr V.M., had absconded to Europe. The letter also stated:
“... there is information provided by the FSB about the involvement of Sambiyev and Mr V.M. in the activities of a criminal group in the Shatoi district of Chechnya and their participation in the attack on Ulus-Kert in May 2003... in connection with the complaints of Sambiyev’s mother [the applicant], the investigation in the criminal case had been resumed on several occasions... today it is possible for the investigation to establish the identity of those who had been involved in the unlawful detention of


Prompt: 17.  Ms Roza Kinkladze, applicant, was struck on the face, head and back. Ms Natela Kobaidze, applicant, was struck on the face and her lips started bleeding. She also sustained a sprained thumb. Ms Nino Dzhanashvili, applicant, was struck and pushed in the stairs. Having fallen to the ground, she saw Ms


Prompt: 16.  The following day the applicant, together with other villagers, went to Kulp District Gendarme Command to report the incident and to seek permission to stay in the area long enough to harvest the crops.


Prompt: 41.  On 25 March 2004 the investigators questioned the head of the Naurskiy FSB, Mr V.Kh., who stated that on the night of 17-18 March 2004 officers of his department had participated, along with members of other law-enforcement agencies, in a special operation against


Prompt: 6.  The background facts relating to the planning, conduct and dispersal of the demonstration at Bolotnaya Square are set out in more detail in Frumkin v. Russia (no. 74568/12, §§ 7-65, 5 January 2016), and


Prompt:
9.  The second article, which had the headline “Address by Maskhadov, President of the Chechen Republic Ichkeria, to the European Parliament” («Обращение Президента Чеченской Республики Ичкерия Масхадова к Европарламенту» – “the second article”), was published by the applicant in issue no. 2 (59) of Pravo-Zashchita for April and May 2004 and read as follows:
“On 26 February 2004 the Parliament of the European Union adopted a declaration in which Stalin’s deportation of the Chechen people on 23 February 1944 was officially recognised as an act of genocide. The European Parliament also recommended that the European Council study the plan of the Government of the Chechen Republic of Ichkeria (the CRI) on peaceful resolution of the present military conflict [between Russia[1] and Chechnya], which I had approved.
The total deportation to Central Asia and Kazakhstan in 1944 is one of the most tragic pages in the entire centuries-old history of the Chechens, since during this act of violence the national republic was completely liquidated and its territory separated among the adjacent regions. During the 13 years which the Chechen people spent in exile, about 70% of the population died.
It must be mentioned that the 1944 deportation was the ninth large-scale act of genocide by the military and political authorities of Imperial Russia during the period of the 400-year-long armed confrontation between the Chechens and Russians.
The very first deportation of the Chechens was carried out by Russia as early as in 1792, after the destruction of the State headed by the first Imam of the Caucasus, Sheikh Mansur. And after the destruction of the State headed by Imam Shamil, when the Russian-Caucasian war was officially declared to be over in 1859, a considerable proportion of Chechens ended up on the territory of the Ottoman Empire.
The last tsarist deportation was the expulsion of many Chechen families to cold and faraway Siberia in 1913. And the first mass deportations of the Chechens during the Soviet regime began in the years of collectivisation and cultural revolution, in other words during Stalin’s regime.
What is the aim of this historical overview? The Government of the CRI regards this political resolution by the European Parliament as an undoubtedly serious historic act on the way to achieving the long-awaited peace on blood-stained Chechen soil. More than a quarter of a million innocent civilians have already died in the CRI during the latest continuing Russian-Chechen war, the entire infrastructure of the republic has been completely devastated, many towns, villages, schools, hospitals and cultural facilities have been destroyed, and there is still no light at the end of the tunnel.
Yet the international community is watching the deliberate and systematic murder of the entire nation with complete serenity and has not the slightest desire to react in any way to this criminal madness by the bloody Kremlin regime. This in turn engenders thousands and thousands of new fighters in the republic, who replenish the ranks of the Chechen Resistance with fresh forces each day, and who believe that they have a moral right to use the enemy’s own methods against the enemy, [an approach] which we unequivocally condemn.
Even on this mournful date – the 60th anniversary of the deportation – many Chechens marked the occasion in extremely harsh conditions of unmotivated mass murders, extrajudicial executions, groundless detentions, severe ‘clear-up’ operations, tortures, kidnappings, disappearances and ‘residential’ checks by Russia’s invaders and their accomplices, who have been committing excesses in the territory of the CRI for the past five years.
As the legitimately elected President of the Chechen Republic of Ichkeria, I express, on behalf of the recalcitrant Chechen people fighting for their freedom, sincere gratitude to all the members of the European Parliament who took this fundamental decision to recognise the deportation of 1944 as an act of genocide...
Today, just as 60 years ago, the new global Russia’s terror has become our national tragedy. Its inexorable millstones are grinding the gene pool of the unique and original Chechen people, one of the indigenous nations of the ancient Caucasus, and this in the end may lead to [the Chechens’] total physical disappearance from the face of the earth.
Your decision in defence of the Chechen people, living in a situation of ongoing genocide, is an additional moral incentive in the fight for survival. We are always open to constructive dialogue with the international community, and we invite independent experts from the United Nations and the European Union to monitor the situation with their own eyes, so that the groundless and defamatory attacks on the Chechens by Russia’s propagandists, who insolently continue to pester the PACE, OSCE and other authoritative organisations, can no longer distort the real picture in the Chechen Republic of Ichkeria.
There is no doubt that the Kremlin is today the centre of international terrorism, and [the Kremlin] selected Chechnya and the Chechens as targets for testing terrorist methods which are being developed by the [Federal Security Service]. It would be naive to believe that the present regime in Russia would be too shy to use its terrorist experience in the international arena to solve its political and other problems. An example of this is the treacherous and cowardly terrorist attack by Russia’s special services in the State of Qatar, which prematurely took the life of my predecessor,


Prompt: 35.   The applicant’s neighbour, Mr I.L., was also questioned that day. Again only the first page of his statement was furnished to the Court. According to the information available, he stated that on the night of


Prompt: 44.  Legislative Decree no. 172 of 6 November 2008, which subsequently became Law no. 210 of 30 December 2008 (on “Extraordinary measures in response to the waste disposal crisis in Campania and urgent environmental protection provisions”) provided for the possibility, in the territories affected by the state of emergency regarding waste disposal, of mayors, provincial presidents, municipal or provincial councillors and municipal or provincial commission members being dismissed by decree of


Prompt: 9.  This part of the application concerns applicants K. Pirtskheliani, E. Pirtskheliani, G. Lemonjava, Z. Sartania, N. Pularia, D. Pachkoria, Z. Gogokhia, R. Tskhadaia, B. Tskhadaia, B. Kurashvili, N. Kantaria, L. Esebua,


Prompt: 14.  On 10 November 1992 Zülfi Akkum was muhtar of Kurşunlu village. His son Mehmet did not live permanently in the village with him; however, on 10 November, Mehmet was on one of his visits to the village. As it turned out, while Mehmet was in the village it fell to him to undertake his duties as a shepherd according to the village rota. There were four villagers in all assigned to look after the animals belonging to the villagers:


Prompt: 54.  On 12 October 2011 the investigators asked the mobile telephone company MegaPhone to provide them with a list of the owners of seven numbers from which Tamerlan Suleymanov had received phone calls. According to the company’s reply, six of the seven numbers were registered as belonging to district departments of the interior located in the Otradniy district of the Krasnodar Region and in the Grozny, Naurskiy, Achkhoy‑Martan and Shali districts of Chechnya. On the same date the investigators asked the Vimpelcom mobile telephone company to provide them with a list of the owners of four numbers from which


Prompt: 28.  According to the applicant, the middleman from Khankala confirmed that the persons detained on 29 April 2001 were being held at the military base and suggested that the relatives should collect 1,000 United States dollars (USD) per detainee to have them released. According to the applicant, during the negotiations the relatives had also paid 1,000 Russian roubles per day to the middleman, who had allegedly given the money to the guards of the detainees. Some time later he had said to the applicant and other relatives that he had been unable to arrange for their family members' release. Three weeks later the relatives had offered USD 1,500 per person to the same men and four weeks later one of the middlemen had brought news that Mr


Prompt:
13.  In order to support their version of facts, the applicants produced the following evidence:
(a) five statements from eyewitnesses (Lance Bombardier Sanders, Garda O’Reilly, Sergeant Hayward, Sergeant Whiley and


Prompt: 43.  In their constitutional appeal, the applicants invoked, inter alia, the right to a fair trial. In this connection, they submitted that the statement of R.K. of 4 April 2008 ought not to have been admitted as they had not been able to test that evidence by means of a cross-examination. They added that it was irrelevant that


Prompt: 10.  On 17 November 1996 the security forces carried out a search in order to arrest a member of the PKK who had been located near the township of Sancak in the province of Bingöl. The security forces arrested the applicant’s son in the course of the search. In an incident report drafted by the gendarmes it was noted that the applicant’s son had been carrying a rifle and some ammunition when he was arrested. In a further incident report it was noted that


Prompt: 28.  The applicant stated that, on the night of 20 September 1993, her husband, Mircea Zoltan, and her two brothers, Rapa Lupian Lăcătuş and Aurel Pardalian Lăcătuş, had been brutally murdered in the Hădăreni pogrom. She alleged that one of the thirteen Roma houses set on fire that evening had belonged to her late mother,


Prompt:
74.  Mr S. K. submitted:
“[Mr] Said-Selim Kanayev... is my son.
On 6 March 2002, at around 1 p.m., my son and [Mr] Aslan Akhmadov were taken away when they were in the yard of house no. 19 in Polevaya Street.
[Later] my son was escorted home and [the servicemen] searched our house but did not find anything. I was not at home during the search. When I learnt that my son had been apprehended, I went to the head of the village administration. When I returned home I learnt that... my wife had paid USD 300. It was Said-Selim who had asked for money in the amount of 10,000 roubles to be given to them. [H]e had said that he would then be released. His mother had given him the money. Then one of [the servicemen] had permitted my son to talk to his relatives. He had assured everybody that he would be released after the documents had been checked. Nevertheless, they beat him and took him to the APC and [then] took him away with them. Since then I have not had any news of my son and I still do not know where he is.
On that day there were three APCs and other military vehicles in our street, including an Ural and a UAZ, in which, according to the residents, there was a general who was in charge of the operation in our village.
According to the eyewitnesses, ... the vehicles’ registration plates were deliberately covered with mud.
On 11 March, when the military convoy was leaving the village after the operation, the mother of [Mr]


Prompt: 12.  In the meantime, on 19 April 1996, the Paris public prosecutor had summoned Dr Gubler to appear in the Paris Criminal Court on a charge of breaching professional confidence during May and June 1995, November and December 1995 and January 1996 by having disclosed information to Mr Gonod and Mr


Prompt: 27.  Ms I., Ms D. and Ms Dzh., the Elmarzayevs’ neighbours, stated that on 30 November 2003 they had been awakened by the noise of APCs driving past. Then they had seen that the Elmarzayevs’ house was burning and learned that Khuseyn and


Prompt: 20.  On 15 August 2006 police officer B. of the special unit was questioned. He made a statement similar to that of Kh. concerning the events that had taken place before the latter had been wounded. As regards the subsequent events, B. stated that he and police officers D-n. and S. had forced open the kitchen door and begun to clear up the barricade of furniture in the kitchen. Mr


Prompt: 16.  The eighth and ninth applicants are the parents of Ramzan Alaudinov, born in 1963. The tenth applicant is his wife, with whom he had four children, born in 1988, 1990, 1993 and 1995. The eighth and ninth applicants lived in the village of Avtury, and


Prompt: 10.  No settlement was reached in respect of the other applicants. However, the municipality deposited a partial amount in the relevant account at the local enforcement office, which was made available to the remaining applicants. On 21 February 2005


Prompt: 141.  The court further noted that additional statements had been received from other courts in Turkey in reply to rogatory letters. The public prosecutor and counsel for the defendants stated that the principal witnesses had been heard and that those witnesses who had not yet been heard were gendarmes who had said in their preparatory statements – the Commission assumed that “preparatory statements” meant the statements taken by Major


Prompt:
23.  On 5 July 2006 experts issued an opinion (no. 1026) concerning the forensic medical examination. The part concerning drug use by the applicant reads as follows:
“[The applicant] denies that he uses narcotic substances. He denies that the...heroin found in his trouser pocket and seized belongs to him. He does not give complete information about his history of drug use. He tries to hide his abuse of narcotic substances. During the examination no signs of obvious abstinence were revealed. He has developed an initial pathological tendency (ilkin patoloji meyl) towards narcotic substances. A psychological dependence on the use of narcotic substances is observed. A physical dependence on the use of narcotic substances is not currently observed. He denies taking narcotic substances by injection.”
The conclusion of the opinion reads as follows:
“During the examination it was established that


Prompt:
27.  On 21 November 2007 the Yasamal District Court dismissed the request, finding the preventive measure of remand in custody justified. The relevant part of the decision reads as follows:
“There were sufficient grounds for applying the preventive measure of remand in custody in respect of


Prompt: 26.  On 19 or 20 November 2004 an operational search officer questioned private M.K., the colleague of Kh.‑A. Akhmadov, who stated that in the evening of 19 November 2004, next to ‘Musa Motors’ service station they had been stopped by a group of thirty armed men in camouflage uniforms, some of whom had been masked. The men had beaten him up and taken away his service gun. They had shot


Prompt: 41.  On 20 July 2004 the Nazran Prosecutor’s Office issued a notice for entry in the Crime Register (Книга учета сообщений о преступлениях) stating that, according to a telephone call received at approximately 4.35 p.m. on that date, the body of Mr


Prompt: 66.  In addition to the relatives of the first and the second applicants, Ms Burdynyuk and Red Cross staff, the investigators identified other victims. Two correspondents of local TV stations, Ramzan Mezhidov and


Prompt: 25.  On 21 January 2007, the second applicant was arrested in the United Kingdom pursuant to a provisional warrant of arrest issued under section 73 of the Extradition Act 2003. In an affidavit of 14 March 2007, Mr


Prompt: 11.  In April 2005 the first applicant and Mr A. received information from an unspecified source about six bodies found in the forest near the village of Zamay-Yurt, in the Chechen Republic, and immediately went there. According to the locals and certain police officers from Zamay-Yurt, the bodies had been buried in the village cemetery in accordance with Muslim traditions. In a shed at the cemetery, the applicants found


Prompt: 12.  The applicants were arrested on the same day and charged with the attempted murder, or in the alternative, the attempted manslaughter of Y. The applicant Angelo Del Latte was in addition charged, in the further alternative, with aiding and abetting the attempted murder or manslaughter by


Prompt: 59.  On 5 June 2006 the district prosecutor’s office instituted a criminal investigation under Article 105 § 2 of the Criminal Code (aggravated murder) in connection with the discovery of Murad Khachukayev’s remains. The decision stated that “in the course of the investigation of criminal case no. 34023 opened on 12 February 2003 in connection with the abduction of


Prompt: 13.  On 16 April 2002 armed men, allegedly Russian servicemen, detained the Saydaliyevs’ neighbour, Mr Kh. On 17 or 18 April 2002 he was released and returned home. Mr Kh. told the applicants that he had seen


Prompt: 8.  At the relevant time, the applicants held the following positions: Sigurður Einarsson was Chairman of the Board of Kaupþing and Chairman of the Board Credit Committee; Hreiðar Már Sigurðsson was Chief Executive Officer of Kaupþing and a member of the Board Credit Committee;


Prompt: 23.  The Chief Justice outlined the relevant domestic law. He considered that there was no conflict between the common-law and the Constitutional provisions, on the one hand, and Article 10 of the Convention, on the other. Article 10, as noted in the Tolstoy


Prompt:
27.  On 8 May 2003 the Permanent Representatives of the United Kingdom and the United States of America at the United Nations addressed a joint letter to the President of the United Nations Security Council, which read as follows:
“The United States of America, the United Kingdom of Great Britain and Northern Ireland and Coalition partners continue to act together to ensure the complete disarmament of Iraq of weapons of mass destruction and means of delivery in accordance with United Nations Security Council Resolutions. The States participating in the Coalition will strictly abide by their obligations under international law, including those relating to the essential humanitarian needs of the people of Iraq. ...
In order to meet these objectives and obligations in the post-conflict period in Iraq, the United States, the United Kingdom and Coalition partners, acting under existing command and control arrangements through the Commander of Coalition Forces, have created the Coalition Provisional Authority, which includes the Office of Reconstruction and Humanitarian Assistance, to exercise powers of government temporarily, and, as necessary, especially to provide security, to allow the delivery of humanitarian aid, and to eliminate weapons of mass destruction.
The United States, the United Kingdom and Coalition partners, working through the Coalition Provisional Authority, shall, inter alia, provide for security in and for the provisional administration of Iraq, including by: deterring hostilities; ... maintaining civil law and order, including through encouraging international efforts to rebuild the capacity of the Iraqi civilian police force; eliminating all terrorist infrastructure and resources within Iraq and working to ensure that terrorists and terrorist groups are denied safe haven; ... and assuming immediate control of Iraqi institutions responsible for military and security matters and providing, as appropriate, for the demilitarisation, demobilisation, control, command, reformation, disestablishment, or reorganisation of those institutions so that they no longer pose a threat to the Iraqi people or international peace and security but will be capable of defending Iraq’s sovereignty and territorial integrity.
...
The United Nations has a vital role to play in providing humanitarian relief, in supporting the reconstruction of Iraq, and in helping in the formation of an Iraqi interim authority. The United States, the United Kingdom and Coalition partners are ready to work closely with representatives of the United Nations and its specialised agencies and look forward to the appointment of a special coordinator by the Secretary-General. We also welcome the support and contributions of member States, international and regional organisations, and other entities, under appropriate coordination arrangements with the Coalition Provisional Authority.
We would be grateful if you could arrange for the present letter to be circulated as a document of the Security Council.
(Signed)


Prompt: 31.  On 9 October 2004 the investigators questioned Rasul Tsakoyev’s sister, Ms Kh. Ts., who gave a statement similar to that given to the investigation by the first applicant and to the applicants’ submission before the Court. In addition, she stated that, while he had been at home on 29 September 2004


Prompt: 20.  On 23 July 1993, Sadık Simpil and two of his relatives were going to pick up wood cut down by the Rişta stream (elsewhere referred to as Hişta or Pişta). On coming across PKK terrorists resting by the stream, an armed clash broke out. Sadık and


Prompt:
32.  Applicant no. 10, Mr Kostas Mavroudis, claimed ownership of the following properties:
(a) Kazaphani, plot no. 468.469, sheet/plan 12/21E2, field with trees; share: whole; area: 9,477 sq. m;
(b) Ayios Yeoryios, plot no. 121/1/1, sheet/plan 12/11W2, ground-storey residence with yard; share: whole; area: 354 sq. m;
(c)


Prompt: 65.  On 16 November 2008 the investigators informed the applicant that her request had not been dealt with as there was no abduction case in the name of Abubakar Gulmutov, and that the case numbered 75146 she had referred to concerned the abduction of


Prompt: 6.  The applicants were born in 1950, 1979, 1988, 1958, 1947, 1927 and 1932 respectively. They live in Plovdiv, apart from Ms Asthig Hampartsum Bedrosyan, who lives in New York, United States of America. Before her death in 2014, Ms


Prompt: 70.  Approximately one month later the applicant was put in contact with Ramazan Ayçiçek who was in Lice prison and he went to see him. Ramazan Ayçiçek told him that he had been in custody in Lice Boarding School with the Orhans prior to being transferred to Lice Prison.


Prompt: 15.  On the same day, on 18 May 2001, the applicant’s nephew, Mr Aslan Askharov, was found dead on the outskirts of the village with gunshot wounds. On 3 June 2001 a doctor of the Serzhen-Yurt medical station issued a death certificate for Mr


Prompt: 107.  The majority of the witness statements submitted by the Government were incomplete as there were pages missing. From the documents submitted it appears that on 12 August 2002 the thirteenth and fourteenth applicants informed the investigator that in the afternoon of 30 July 2002 a group of armed men had broken into their house, shot


Prompt: 65.  On 19 April 2004 the investigator questioned two of the servicemen, A.P. and D.M., who had previously testified on 7 August 2002 and asked them to describe how officer V.G. had pulled on Suren Muradyan’s hand on 21 July 2002. According to A.P., officer V.G. had grabbed


Prompt: 18.  On 20 January 2005 the Minister of Interior decided to include the applicant in the blacklist for an indefinite period of time, on the ground that he constituted a threat to public order and safety, and decided to refuse him entry to Latvia. This decision was not amenable to judicial review at the time. Following legislative changes (see paragraph 45 below) the persistence of the grounds for the inclusion in the blacklist could be re-examined by


Prompt: 59.  The record is signed by Captain Mehmet Göçmen as the person who conducted the identification procedure. It further contains the thumbprints of Ali Alay and Osman Önen. A handwritten note underneath the name of


Prompt:
13.  In their initial and additional observations of 22 October 2013 and 17 February 2014 the Government provided the Court with the following information concerning the situation of the individual applicants with regard to the impugned legislation.
(a)  Eight of the ninety-nine applicants had never been included in the AFLD testing pool (Mr


Prompt: 7.  In autumn 1999, before the launching of the military operation in the Chechen Republic, the applicants and Khamzat Tushayev had been residing in the village of Duba-Yurt. At the time when Russian federal troops approached the village and most of its residents left, Mr Tushayev’s brother stayed in the village and joined rebel fighters to resist the federal troops. Although


Prompt: 64.  On 22 May 1998 the Kulp Prosecutor asked his opposite number in the town of Silvan to enquire with the Gendarme Headquarters in the latter’s town to verify whether, as alleged by a number of eye-witnesses,


Prompt:
15.  In November 1996 the Murcian newspaper La Verdad printed an article about the Movement for Optional Celibacy of priests (MOCEOP), which read as follows:
“La Luz monastery bars married priests from using its premises for mass
A representative of the diocese explained that the protest-oriented nature of the gathering might disturb the peace of the monastery.
m. de la vieja – murcia
Father


Prompt: 12.  The first applicant and Movsar Khutsayev were taken outside to the yard and made to lie face down under a shed. Beslan Khutsayev was already there. He was covered in blood. The officers conducted an identity check. Upon completion of the procedure one of them hit


Prompt: 61.  On 24 November 2006 the Achkhoy-Martanovskiy District Court dismissed the first applicant’s complaint about the district prosecutor’s office’s refusal to provide him access to the criminal case file opened into his son’s abduction and to allow him make copies from it. The court decision stated, among other things, that it transpired from the materials of case file no. 27054 that on 5 February 2000 servicemen of the federal security forces had arrested and taken away


Prompt: 21.  On 19 May 2012 a criminal investigation was launched into the infliction of light bodily harm on the fourteenth applicant (Ms M. Tsutskiridze) by unidentified persons. When questioned as a witness the same day, she stated that unidentified men had grabbed her poster and hit her with the handle of the poster. On 23 May 2012 the eighth applicant (Ms


Prompt: 97.  On 17 October 2003 the Milli Majlis (Parliament) adopted a resolution “on Unconstitutional Actions of the Müsavat, Ümid and Azerbaijan Democratic Parties, and Certain Political Opposition Groups”, denouncing the above-mentioned parties and holding them responsible for “unlawful actions” and mass disturbances resulting in loss of life and injuries inflicted on civilians and members of law-enforcement authorities, as well as for damage to public and private property. Among others, the resolution identified Isa Gambar (the leader of Müsavat),


Prompt: 8.  The article lamented the decision by a majority of members of the Stavropol town legislative body to change the procedure of appointment of the town's mayor: the mayor would no longer be elected by the town's residents, but appointed by the town legislature. The publication alleged that the decision had been taken under pressure from Mr


Prompt: 18.  The Government submitted in their memorial of 28 April 2004 that it had been established that on 2 March 2000 in the village of Podgornoye fighting had taken place involving servicemen of the federal forces, which had resulted in the deaths of servicemen of the OMON detachments from Sergiyev Posad. Immediately after the fighting a special operation had been conducted in Podgornoye aimed at identifying members of the illegal armed groups who had participated in the ambush. The detainees had been taken to the Staropromyslovskiy VOVD, but


Prompt: 41.  Mr S. U., Mr Nokha Uspanov’s cousin who was questioned on the same date, submitted that in October 2000 Mr Vakhazhi Albekov had disappeared after going to collect cattle. His body had been found in a dugout in the forest. His body had been lying face down and there had been a wound on his right side. There had been no injuries on other parts of the body. Later he had learned that Mr


Prompt:
19.  On 20 June 2008 the Baku Court of Appeal upheld the Narimanov District Court’s decision, finding that the extension of the applicant’s pre‑trial detention was justified. The court reiterated the first‑instance court’s findings concerning the nature and gravity of the criminal offence of which the applicant was suspected, and pointed to the possibility of his absconding from and obstructing the investigation. The relevant part of the decision reads as follows:
“The panel of the court considers that the first-instance court, having taken into account the degree of public dangerousness of the offence of which


Prompt: 22.  On 10 October 2007 the prosecutor questioned B.A., a villager who had been working in the fields on the day of the incident together with his fellow villager, the driver of the tractor. B.A. confirmed that a number of gendarmes had arrived in the field and asked his friend to assist them with his tractor. After his friend and the gendarmes had left he, his wife and another villager had stayed behind. At around 4 p.m. the same day, while they were waiting for the tractor to return,


Prompt: 13.  In the meantime the first and second applicants’ two minor children, the third and fourth applicants, started to cry and one of the soldiers took the children and the first applicant and escorted them into the second applicant’s room. Then they closed the door and pushed some furniture against it to block it from the outside. The second applicant received several blows from the servicemen in the face and in the stomach, and for some time lay on the floor in pain. When the applicants managed to open the door after about ten minutes, the servicemen had already left and taken


Prompt: 31.  The applicants, A. and S. sought leave to appeal. On 23 June 1999 A. and S. were granted leave. The applicants’ request was granted during the further examination of the case in so far as they had been ordered to reimburse the legal costs of


Prompt: 23.  On 20 November 2012 the applicant submitted the documents requested by the Attorney General’s representative on 1 June 2010 (see paragraph 18 above). In particular, the applicant submitted certificates issued by the head of the local community (mukhtar) explaining that there were inconsistencies in the spelling of the applicant’s aunt’s name in different documents. The mukhtar explained that the latter had held Cypriot identity document no. 327090 and had been variously known as:


Prompt: 47.  On 15 March 2005 Mr L., the village’s imam, was questioned. He submitted that in 2000 he had washed the dead bodies of Mr Vakhazhi Albekov and Mr Khasayn Minkailov. He had not participated in the search for Mr


Prompt: 13.  After Khizir Tepsurkayev had been taken away, the group under V. Vasiliy’s command continued the special operation. The UAZ car which had taken Khizir Tepsurkayev away returned in half an hour. When


Prompt: 116.  At around 12 a.m. on that day (in the documents submitted the time was also given as 9 a.m.) a group of armed servicemen in balaclavas and camouflage uniforms arrived at the applicants’ house in Serzhen-Yurt in four APCs and one UAZ vehicle with no registration numbers. The servicemen broke into the house and searched the premises. They then forced Mr


Prompt: 41.  The applicant took up the matter with various international organisations, including Amnesty International. He sought advice from his MEP, Mr Alf Lomas, who petitioned the European Parliament concerning


Prompt: 45.  On an unspecified date a forensic examination was conducted so as to establish the cause of death of Mr Aslan Askharov. Since his body was not exhumed, the examination was conducted on the basis of medical documents. The exact cause of death as well as the nature of the injuries could not be established. Nor was a connection established between the actions of the unidentified servicemen and Mr


Prompt: 24.  On 10 February 2000, the first applicant, together with his daughter and sister, travelled to Grozny again, hoping to find his missing brother and nephew. With help from a local resident they found three bodies lying between nearby garages. These were the bodies of


Prompt:
59.  On 7 May 2009 the AIVD drew up a new official report on the applicant, which reads in its relevant part:
“In the framework of the exercise of its statutory task, the General Intelligence and Security Service holds information from reliable sources from which it appears that


Prompt: 25.  Another handwritten document, which was undated and entitled “Explanation” (объяснение), was signed by M.Ch, one of the men listed in the “Report”. According to the text, at some time in 2002 M.Ch. and “Sulumbek” [Barshov], following the orders of Murad Yu., had placed an improvised explosive device near a roadblock in Grozny, as a result of which three servicemen had been wounded. Further documents indicated that the crimes committed by that group had become the subject of a separate investigation; in 2009 some pieces of evidence had been declared inadmissible for serious procedural breaches and the investigation had been suspended.


Prompt: 5.  The applicants are the son (the first applicant), the daughter-in-law (the second applicant) and the wife (the third applicant) of the late Garegin Ghuyumchyan. They were born in 1965, 1973 and 1947 respectively and live in Vanadzor, Armenia. The first and the third applicants are also


Prompt:
22.  On 2 December 2003 the Seimas approved the conclusions of its ad hoc Inquiry Commission into Possible Threats to Lithuania’s National Security. The conclusions, as far as relevant, read as follows:
“the President’s relations with J. Borisov are specific. Driven by political, economic and personal motives (...), J. Borisov had an influence on the activities of the President’s Office and on the President’s decisions. Thus J. Borisov has secured favourable conditions for his business, which, among other things, includes trading in spare parts for military helicopters with countries supporting terrorism. So far, the President has failed to publicly dissociate himself from J. Borisov and has implicitly vindicated him by his actions. The extent of


Prompt: 23.  Following an appeal by the first applicant, on 13 July 2005 the Pskov Regional Court quashed the Town Court’s decision. It noted that, under Russian law, experts and witnesses may only be held criminally liable for perjury if they have been examined as part of a criminal case. As criminal proceedings were never instituted, the first applicant’s access to justice was barred. It also noted that police officers are responsible for the life and health of those individuals who, like Ms


Prompt: 20.  The military servicemen separated the men, including the fifth applicant, from the remaining group of residents and led them away towards Centralnaya Street. The four young men remained in the courtyard of the first applicant’s house, under the guard of military servicemen. Before leaving, the fifth applicant saw his three brothers and


Prompt: 15.  The applicants appealed against the judgment, and argued that there had been insufficient evidence to warrant their conviction and that they had not been given the opportunity to examine the video footage. In their appeals the applicants referred to their constitutional right to take part in, inter alia, peaceful demonstrations. Finally, the applicants drew the Court of Cassation’s attention to the fact that similar gatherings had been organised in the past to commemorate


Prompt:
53.  On 10 January 2006 the Military Prosecutor’s Office of the UGA quashed the decision of 6 December 2004 and reopened the investigation on the following grounds:
“In the course of the investigation significant discrepancies between statements by residents of Stariye Atagi and servicemen concerning the detention of the [disappeared] persons and their possible death as a result of the fighting on 7 and 9 March 2002 ... were not resolved. Witness statements in this regard were not duly verified and recorded.
The investigating authorities did not take comprehensive measures in order to establish the specific places where the bodies of


Prompt:
16.  Constitutional Court decision no. 8/2011. (II.18.) AB contains the following passages:
“IV. 1. ... Within the confines of the Constitution, the legislator enjoys great freedom in regulating public service relationships. ... In 1992 in the public sector – where the legal positions of both the employers and the employees are determined by their dependence on the State budget – public-law regulations, basically corresponding to the characteristics of the closed public service system, were introduced. The legal status of the individuals who perform work in the service of the State was – according to the specific features of the activities performed – governed by the legislature in separate Acts of Parliament. ... The basic feature of the closed public service system is that the content of the public service relationship and the rights and duties of the subjects of the legal relationship are governed not by the parties’ agreement but by statutes, by law. ... The content of the public service relationship is regulated under the law, regard being had to the fact that public servants carry out the tasks of the State, and, in performing their tasks, they exercise public powers, consequently – compared to other employees – additional statutory requirements must be imposed on them. The activity of public servants must serve the interest of the public, it must be professional, impartial, devoid of influence and bias, therefore public servants must meet up-to-date and high-standard professional requirements, must bear particular responsibility for their work and are subject to strict conflict-of-interest rules; however, the incomes earned in the public service remain below the wages that can be obtained in the private sector, since the source of public servants’ remuneration is the State budget. The starting point for the closed public service system ... is that « additional requirements – compliance with which may and must be demanded from persons engaged in public service – may only be imposed in return for additional entitlements ». Such additional entitlements include the career system regulated and the salary guaranteed in an Act of Parliament, the predictable and safe ‘public service life career’ system and the additional allowances. A basic characteristic of the closed public service system is the stability of public service relationship, namely that a public servant may be removed from office only where the conditions specified in an Act of Parliament are met. While until the 1980s the public service systems of various States were characterised by the gradual extension of the closed public service system, since then a strongly critical approach to the closed systems has become more and more dominant. As a consequence, in almost all European States, public service reform processes have been launched in order to enhance the efficiency, performance and standards of the public administration. The direction of the reforms is to loosen the rigidity of the closed system, and to bring it closer to the regulation of private sector labour relations. The method generally applied for the loosening of the rigidity of the closed system is the loosening of the previously strictly interpreted concept of ‘non-dismissibility’ and the widening of the grounds of dismissal.
The Hungarian Act on the Legal Status of Public Servants (“Ktv.”) has never been based on the principle of ‘non-dismissibility’, as it has widely recognised the possibility of dismissing public servants from office and the grounds and conditions of dismissal have even been widened in the period having elapsed since 1992. ... 2. ... The Act on the Legal Status of Government Officials (“Ktjt.”) – with its rules on the termination of government official legal relationship – introduced essential changes in the system of public service as it had been created under the Ktv. and terminated the relative stability of the public service relationship guaranteed under the Ktv. ... The Ktv. rules on the termination of the legal relationship by dismissal from office not being applicable ... the government officials’ legal relationship may be terminated by release from office by the employer without giving reasons. ... 3. ... In the context of labour relations as regulated under the Labour Code (“Mt.”) ... the Constitutional Court [...] evaluated the duty of giving reasons – interpreted as a restriction on the employer’s right freely to dismiss an employee – as a privilege providing additional protection for employees, to which protection no person had a constitutional right. The employer’s right freely to dismiss an employee can only be interpreted in the context of employment relationships based on contract, not in the context of civil service relationship based on the Ktjt. In public service relationships the right of dismissal from office is based not on the freedoms of contract but an Act of Parliament; in case of dismissal from office by the employer the duty to give reasons cannot be regarded as a “preference rule”; on the contrary, it is a guarantee flowing from the nature of the legal relationship. ... In public service relationships, the statutory regulations concerning the grounds of dismissal from office constitute an issue of constitutionality, it being a guarantee corresponding to the specific features of public service relationships. [These] regulations and, consequently, the obligation to give reasons for dismissal has ... been regarded by the Constitutional Court ... as a guarantee having constitutional significance ... 4. ... The special features of public-servant and government-official legal relationships ... are determined by the fact that ... officials hold public offices, perform State duties, adopt and prepare State decisions ... therefore those relationships are basically public-law relationships by their nature.
Article 70(6) regulates the right to hold a public office as citizens’ fundamental right. The protection of the right to hold a public office shall primarily mean that the State cannot make employment to public offices dependent on conditions which exclude, without constitutional reasons, Hungarian citizens from the possibility of acquiring a public office or make it impossible for a citizen or a group of citizens to hold a public office. ... The constitutional protection flowing from the right to hold a public office does not mean that the holder of a public office cannot be dismissed from office. ... Within the confines of the Constitution, the legislature enjoys a wide margin of freedom in regulating the grounds for release from office; this freedom, however ... shall not extend to granting free and unrestricted power to the person exercising the employer’s rights to dismiss an incumbent from office. Free decisional power granted without any statutory limitation to the person exercising the employer’s rights ... restricts, according to the Constitutional Court, in an unconstitutional manner the right to hold a public office, provided for by Article 70(6) of the Constitution. [It is required] that the substantive-law framework of the employer’s decision be determined in an Act of Parliament. ... 5. ... As to government officials’ dismissal from office, the absence of grounds for dismissal and the lack of any statutory rules concerning the employer’s obligation to give reasons endangers the ‘party-neutrality’, the independence from political influence, the impartiality and, therefore, the lawfulness of decisions of the public administration. Officials working in the organisation of public administration perform their tasks in a strictly hierarchical organisation. [If] government officials are not granted protection from dismissal from office, the person exercising the employer’s rights may, at any time and without giving reasons, discontinue their employment, [and] they cannot be expected openly to stand up for their professional and legal position, if they risk losing their jobs. ... 6. ... The general judicial legal protection enshrined in Article 57(1) of the Constitution is also guaranteed by Article 6 § 1 of the European Convention on Human Rights. In its recent case-law, the European Court of Human Rights – which has gradually extended the applicability of Article 6 § 1 to labour disputes concerning the service of civil servants (Frydlender v. France [GC], no. 30979/96, ECHR 2000‑VII; Vilho Eskelinen and Others v. Finland [GC], no. 63235/00, ECHR 2007‑II;


Prompt:
41.  The first report was written and signed by an investigator, two witnesses and an expert. It contains the following text:
“Examination of the site 6 by 4 metres in the courtyard of 1 Podolskaya Street, Grozny. ... An excavation is made of an opening 1,5 by 2 metres, 50-60 cm deep. The pit is covered with wooden planks and corrugated iron. In the opening there are four bodies of different sizes wrapped in cellophane. Mr. Vakhid M., taking part in the excavations, explained that on 9 February 2000 he had buried those bodies in the pit. From left to right these are:


Prompt: 7.  He worked between 1964 and the beginning of 1974 with asbestos insulators for the T Company in Mülheim. During this period, the workers of this company who were exposed to asbestos dust while working had to clean their clothes themselves. This was done by the applicant's first wife Mrs


Prompt: 12.  The Government stated that despite the efforts of the police it was not possible to identify any particular suspect. No one had witnessed the arrival of the gunmen on the night of the attack. While a Ford Cortina car had been seen moving away from the location after the attack no one was able to identify this vehicle as belonging to the gunmen or as being used by them as a getaway vehicle. Although conversations with customers in the bar had led to a photofit picture being compiled this did not lead to anyone being connected with the incident. The view of the investigating officer at the time was that extreme loyalist elements from the Portadown area were likely to be responsible. It was believed that some persons in this category were arrested and interviewed but without any positive outcome. A report was prepared for


Prompt: 19.  In the meantime, the Moldovan authorities questioned all the Moldovan soldiers who had been manning the left and right checkpoints at the time of the incident. They also conducted a forensic examination of the scene of the incident, the car driven by the victim, the victim’s body and the bullet extracted from it. According to a forensic report dated 3 January 2012, the concentration of alcohol in


Prompt: 90.  On 3 August 2007 Kh. of the special police unit was questioned again. His submissions were consistent with those made in the course of questioning on 13 August 2006 (see paragraph 19 above). He specified that after the support unit had arrived at the scene of the events, the actual operation to apprehend Mr


Prompt: 10.  According to the nineteenth applicant’s initial statement, the deceased Mr Ruslan Borisovich Tamazov was her husband. She later changed this submission, stating that they were not officially married but had lived together since February 2005. At the time of the events in October 2005 she was eight months pregnant. The nineteenth applicant has submitted a copy of a birth certificate issued on 9 July 2008 in the name of S.T., born on 8 December 2005. The certificate names Mr


Prompt: 41.  The witness said that following Serdar Tanış's disappearance he became the acting President pending the next HADEP congress. In 2002 he was taken into custody at Silopi gendarmerie station. Around 7 a.m. one morning a military vehicle drew up outside his house. He was taken to the Silopi gendarmerie station. He was blindfolded and told: “You must resign from HADEP!” He refused and was tortured and threats were made to kill him like


Prompt: 54.  Mehmet Sıddık Aslan alleged that he had been kept in detention in custody for nine days and that he had been beaten up and subjected to physical violence and torture for five days. By the time of the medical examination, certain lesions could have healed and the visual examination might not have been sufficient to identify the alleged trauma. However, it was considered that the physical findings mentioned in the medical report corresponded to the allegations made by


Prompt: 33.  The applicant asked the Prosecutor General’s Office of the Russian Federation to refuse the request for his extradition. He submitted, in particular, that he would run a real risk of torture or inhuman treatment if extradited to Uzbekistan. Relying on Article 3 of the Convention and the Court’s case-law (he referred to Ismoilov and Others v. Russia, no. 2947/06, 24 April 2008; Muminov v. Russia, no. 42502/06, 11 December 2008; Khodzhayev v. Russia, no. 52466/08, 12 May 2010;


Prompt: 51.  On 20 July 2003 the sixth applicant addressed a letter to the Gudermes prosecutor’s office. He complained that he had on numerous occasions requested the investigating authorities to update him on the results of the investigation into the deaths of his wife and nephew but had never been provided with any information. He also complained that neither he nor the fourth and fifth applicants –


Prompt: 23.  The report also stated that following the plan for “liquidating the remaining banditry in the Republic (banditizmo likučių Respublikoje likvidavimas)” set by the KGB of the USSR, “particular attention” and “paramount importance” had been given to the search for and capture of


Prompt: 49.  Making a global assessment, the Commission found it established that Mr Lalealp's property and possessions were deliberately burned by security forces on 22 October 1993. As a result of this destruction Mr Lalealp's family moved to Diyarbakır, followed some time later by Mr Lalealp himself. 4.  Concerning the events in Lice on 23 October 1993 and the alleged burning of the houses of


Prompt:
39.  In particular, in relation to the events of 30 May 2001, the Government maintained that:
–  the first applicant's statements were inconsistent and false;
–  the statements concerning the description of the uniform of the so‑called special forces that conducted the search given by the first and second applicant, Mr Didenko, Mr


Prompt:
7.  In a fresh decision of the Minister of the Interior on 8 January 2003 the applicant was again dismissed with effect from 31 January 2002. It was found that on the night of 10 to 11 December 1999, in his capacity as vice-chief for traffic crime-scene investigation and as chief constable of the Vukovar Police Station, he had disregarded his duties in relation to a road accident caused by a police car. After arriving at the scene, the applicant had let those implicated leave the scene of the accident without calling the crime-scene team in order to carry out an on-site inspection. He had further failed to institute adequate proceedings against the perpetrator of the road misdemeanour. He had also instructed the police officers involved to make a deal concerning compensation to the injured party. Furthermore, he had signed the events register, in respect of that night, stating that there had been no incidents to report. Afterwards, he had allowed and arranged for the unauthorised repair of the police car.
The relevant part of the decision reads as follows:
“As a police officer the defendant ... was under a duty to control and supervise the legality of the acts of other police officers. However, as to the incident in question he acted entirely contrary to this duty and thus allowed the person who had caused the road accident in question to avoid responsibility for it, which clearly shows a disregard for his duties ...
Furthermore, the defendant violated laws regulating the [police] service in that he acted contrary to section 176 of the Road Safety Act (Zakon o sigurnosti prometa na cestama, Official Gazette no. 59/1996) which requires drivers who have been implicated in a road accident causing lesser material damage to vehicles to immediately remove those vehicles from the road in order to enable the unhindered movement of traffic and to inform the nearest police station of the accident and to wait for the arrival of an official authorised to carry out an on-site inspection.
Section 123 (2) of the Police Act (Zakon o policiji) provides that obstruction of duties under paragraph 1 of that section amounts to a transgression of police authority or disregard for the same when a police officer is, according to that Act, obliged to apply [his authority, the obstruction] of which has then caused damage to natural or legal persons or State bodies.
As to the case in question, it has been clearly established that the defendant, as a police officer, failed to carry out his police duties in the manner prescribed by the Police Act.
It has also been clearly established that [this] caused damage, both non-pecuniary, (to the reputation of the police), and pecuniary, by causing delays in the proceedings, the lack of sanctions against the perpetrator of a traffic misdemeanour as well as damage to the police vehicle which was not repaired in an adequate manner.
The material damage was caused by a transgression and disregard of police duties by


Prompt: 72.  On 16 February 2010 the investigators questioned Mr Z.A. about his membership in the illegal armed group of Mr I.Us. The witness stated that he had spent fourteen days in the autumn of 2009 with the group. He did not see Mr


Prompt: 13.  On an unspecified date in March 2006 several persons who did not identify themselves broke into the flat occupied by the first applicant and Khamzat Tushayev and took him away. Eight days later his relatives found out that he was being held at the Shali district police station and that a criminal case (no. 56006) had been opened against him on suspicion of participation in illegal armed groups. On an unspecified date


Prompt:
15.  However, the Government disputed the circumstances of Timur Khambulatov’s death by submitting the following (pages 5-6):
“... In the criminal investigation office of the Naurskiy OVD, while being questioned by police officers,


Prompt: 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


Prompt: 132.  The following morning, 5 or 6 villagers (including Selim Orhan and the village muhtar) went to Zeyrek gendarme station to ask permission to stay to harvest the crops. Ahmet Potaş said that Kulp District Gendarme Commander had the authority to decide such things but he did not. At Kulp,


Prompt: 64.  On 13 October 2005 the application was declared admissible. At the same time the Court again repeated its request to the Government to submit documents from the investigation files that had been opened in relation to


Prompt:
86.  This report contains the gendarme officers’ findings that the applicant’s house had deteriorated because it had not been inhabited for a long time. The report indicated that the applicant has leased his land for cultivation to two villagers by the names of Emrihan and Zeynar.
(g)


Prompt:
13.  On 6 April 2001 he was examined by a doctor from the Iaşi Forensic Institute. The certificate issued recorded the following:
“- On the exterior upper side of the left elbow: a discontinuous excoriation of 1,2x1 cm with red haematic crust.
- The space between the scapula and the vertebras: purple transversal linear ecchymoses, ranging from 9x3,2 cm to 5,52x2,8 cm, two on the right side, one on the left side.
- On the exterior side of the right arm: one red transversal linear ecchymosis of 5,5x2 cm.
- The subject states that he is experiencing pain in the right parietal epicranius but there are no visible exterior post‑traumatic lesions...
Conclusion


Prompt:
6.  The applicant complained, in particular, that he had been blindfolded, forced to remain standing or sitting for a long time, deprived of sleep, forced to listen to loud music, suspended, squeezed in the testicles, beaten, stripped and made to lie in cold water.
b)


Prompt: 130.  On 12 May 2003 the town prosecutor’s office referred the case to the military prosecutor’s office for examination. With reference to witness statements given by the seventh applicant, Ms Estamirova and Mr


Prompt:
23.  In support of their statements, the applicants of Lecha Basayev's family submitted the following accounts: an account by the first applicant dated 5 February 2004; an account by the seventh applicant dated 9 February 2002; an account by the sixth applicant dated 9 February 2004; an account by Mrs Kh. D. dated 9 February 2002 and an account by the fourth applicant dated 12 February 2004.
b)  Abduction of


Prompt: 12.  Having held a hearing, the Regional Court, on 22 July 2003, found that the impugned passages were in breach of the presumption of Mr Kabas' innocence as guaranteed under section 7b of the Media Act. It therefore ordered the applicant company to pay 2,500 euros (EUR) in compensation to Mr Kabas, to publish the judgment and to pay Mr Kabas' costs of the proceedings. It found that the article taken as a whole was based on the assumption that there were persons whose guilt was established but only some of them were prosecuted. The article's statements concerning the misconduct of the Public Prosecutor's Office and


Prompt: 22.  The registration (lainhuuto, lagfart) of the State as the lawful owner of the property in 1991 was challenged by Olof Bruncrona in a new civil suit seeking to obtain confirmation of his right of permanent usufruct in respect of the


Prompt:
46.  The first applicant appealed against that decision to the Supreme Court and on 30 January 2013 the Supreme Court dismissed his appeal as ill-founded. The Supreme Court held as follows:
“It is therefore, in the view of this court, justified to remand the accused


Prompt:
111.  On 26 January 2001 the Chechnya Prosecutor’s office examined the case file and ordered the district prosecutor’s office to take investigative steps, stating, amongst other things, the following:
“ ... These orders are to be followed in criminal case no. 24094, opened into the arrest of [Mr Kh. Elzh], [


Prompt:
61.  As regards the events of 8 March 2005, the suspect made the following statement:
“On 8 March 2005 at around 9 a.m., Uncle Aslan, Vakhid and I were in the cellar. At that moment, we heard some knocks and understood that someone was trying to break down the door leading to the cellar. In response,


Prompt: 39.  On an unspecified date the first applicant received a letter from the Urus-Martan prosecutor's office dated 24 August 2001. The letter contained a restatement of the facts of the detention of Ali and


Prompt: 64.  The witness said that on 29 January 2001 he, the President of the Human Rights Association in Diyarbakır, Osman Baydemir, and two other people went to see the Silopi public prosecutor, Kubilay Taştan. Mr Taştan told them that he had spoken on the telephone with the commanding officer of the Silopi gendarmerie, who had affirmed that


Prompt: 10.  By judgments of 24 September 1996 and 10 July 1998 the Sofia District Court and the Sofia City Court allowed the claim. They found the applicants’ title to be null and void on two grounds: 1) no decision of the mayor to initiate the sale procedure had been found in the case file; nor had the applicants established that such a decision had existed but had been lost or destroyed; 2) the sale had not been approved by


Prompt: 23.  Lots of “coffee-ground” vomit (altered blood in the stomach) was recorded as being found on her bed. Pinderfields Hospital medical records showed that she was admitted at 9.18 a.m. Her mother was informed around that time that


Prompt: 68.  On 12 February 2003 the investigation questioned witness Mr A.E., who stated that he had been present during the examination of the place of discovery of the remains and identified them as belonging to his cousin


Prompt: 51.  During the incident (but unknown to the police) two other telephone calls were made to the premises. The first was made by John Fitzgerald, Michael Fitzgerald's brother. The second, at about 7.35 p.m., was made by


Prompt:
16.  In the very same submission of 17 December 2007 the Government further stated (page 13):
“... according to the letter of 1 April 2005 from Mr L., the head of the Internal Security Department of the Chechnya Ministry of the Interior,


Prompt:
7.  The applicants are:
1) Mr Moldi Nazhmudinovich Nenkayev, born in 1952;
2) Ms Zura Vakhayevna Nenkayeva, born in 1955;
3) Mr Isa Moldiyevich Nenkayev, born in 1977;
4) Mr Musa Moldiyevich Nenkayev, born in 1976;
5) Mr


Prompt:
11.  The first applicant's wife ran after her sons into the street. She saw several APCs, a military Ural car and groups of Russian military servicemen standing along the street. The vehicles were parked next to different houses with their engines running. The soldiers, who were waiting next to the vehicles, threatened to kill the locals if the latter went outside. The vehicles with the first applicant's sons drove away to an unknown destination.
b. Abduction of


Prompt: 6.  The article was meant as an ironic essay on the reaction of the Austrian population and media scene to the road-traffic accident in which the Austrian ski-racing champion Hermann Maier had injured his leg some weeks before. In this context the article cited and commented on various statements from Austrian and German newspapers and


Prompt:
28.  On 26 February 2004 the military prosecutor’s office of military unit no. 44662 forwarded the applicant’s complaint to the military prosecutor’s office of the Budennovsk military garrison. The letter stated, amongst other things, the following:
“... the investigation established that on 15 March 1996 the military prosecutor’s office of military unit no. 44662 had opened an investigation under Article 103 of the Criminal Code in respect of officer Major A.Z. of military unit no. 74814. Circumstances of the case: on 11 February 1996, in Chechnya, Major A.Z. committed the murder of


Prompt: 97.  During an interview of 18 March 2005 V.L. Murdashev stated that Aslan Maskhadov’s activities had consisted of two components, a military one involving the organisation of attacks and a political one involving talks and negotiations. According to Murdashev, the military operations were usually devised by


Prompt: 1.  The case originated in an application (no. 71256/11) against Hungary lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by six Hungarian nationals, Mr


Prompt: 13.  Mr and Mrs B. applied for the case to be struck out on the ground that the applicants lacked the capacity to take proceedings, firstly because the land in question had been expropriated before Nicolae Lupaş's death, and secondly because they had not formally accepted their ascendant's estate. They submitted that the action was in any event inadmissible in that it had been brought solely by


Prompt: 19.  On 15 June 2010 the plenary of the SJC, including the Minister of Justice and the President of the SJC, dismissed the second applicant and Judge V.Dž. from the office of judge for professional misconduct. The grounds for the second applicant’s dismissal were as set out in the requests for her dismissal submitted by


Prompt: 25.  On an unspecified date the investigating authorities questioned Ms M. Il., Mr Adam Ilyasov’s aunt, who was the Ilyasovs’ neighbour. She submitted that in the morning of 15 November 2002 she had been at home. When she had heard a woman crying she had left her room and in the yard she had seen armed men dressed in camouflage and wearing masks. The first applicant, who had also been in the yard, had told her that those men had taken Mr


Prompt: 78.  On 16 and 27 March 2010 the investigators questioned Mr A.D. His statements were similar to the account of the events given by the applicant in his submissions to the Court. Among other details he noted that some of the abductors had spoken unaccented Russian and that from his neighbors, who had witnessed the abduction, he had learned that the abductors had arrived in UAZ minivans. Mr A.D. alleged that the culprits had belonged to the federal forces and had apprehended him together with Mr