Prompt: 99.  The investigating judge next considered it necessary to determine whether M.P. had acted in self-defence, which was a “more stringent” test for exemption from responsibility. She took the view that M.P. had rightly perceived a threat to his physical integrity and that of his colleagues, and that the threat had persisted on account of the violent attack on the jeep by a crowd of assailants and not just by


Prompt: 9.  On 13 June 1998 a similar protocol was drawn up containing Ömer Katar’s statement about the applicant’s arrest. He stated that he had seen the applicant being taken away by seven men who were carrying rifles. Ömer Katar testified that


Prompt: 13.  Immediately after the abductors were gone, the first applicant managed to call the VOVD. An officer there told her to call the ROVD and gave her their number. Then the first applicant called the ROVD and informed the officers there of the abduction. The officers told her that there was no need to worry, as


Prompt: 23.  On 22 September 2000 Mr Grigolashvili was questioned by the investigator. During the questioning he showed the police the place where he had been taken in the morning of 8 August 2000. It happened to be one of the office buildings belonging to the firms owned by the applicant. Mr


Prompt:
15.  This interview was illustrated by five photographs of the Prince with the child and three of the Prince with Ms Coste. In particular, a double-page spread (pages 50 and 51) consisted in a photograph of the Prince holding the child in his arms, headlined “Alexandre ‘is Albert’s son’ says his mother”, followed by this text:
“A little boy who knows how to say only two words: daddy and mummy. A little boy who does not seem troubled by the huge gulf between the two cultures from which he comes. His name is Alexandre, a conqueror’s name, an emperor’s name. He was born in Paris on 24 August 2003. His mother asks that he does not grow up clandestinely, ‘like Mazarine’. For that reason, she is now disclosing his existence, which poses no threat to any republic or any dynasty. Because in Togo, the country of his maternal family, all children, whether or not they are born to lawfully married couples, are entitled to an official father. For the moment, the little boy with black curls isn’t interested in knowing whether he is a prince or not. His mother just has to lean towards him and he is happy. There’s already a king in the house... him.”
The photograph was also accompanied by the following captions:
“The 47-year-old new sovereign of Monaco had not been known to have any long-term relationship. Today


Prompt: 17.  Immediately after the attack the eighteenth and nineteenth applicants started their tractors. The former drove off to Kumli, together with a number of his neighbours, picking up other villagers along the way. The latter, along with the twenty-third applicant, arrived at the first applicant’s house to collect the corpses of the


Prompt:
12.  Mr Sefa Taşkın, born in 1950, was formerly the mayor of Bergama. He now lives in Dikili, ten kilometres away from the Ovacık gold mine.
Mr Tahsin Sezer, born in 1952, lives with his family in the village of Çamköy, which is 300 metres from the mine. He is a farmer and owns land in the surrounding area.
Mr


Prompt: 96.  The witness said that it had been another prosecutor, Özden Tönük, who had started the investigation into Kenan Bilgin’s disappearance. The witness had been assigned to the case after a complaint was lodged by


Prompt: 41.  The applicant appealed to the Court of Appeal against the dismissal of her judicial review claim on 13 August 2010. Permission was granted in light of the recent judgment of 23 March 2011 by the Supreme Court in R (


Prompt: 24.  On 8 December 2000 the Office of the Chechnya Republican Prosecutor sent a progress report in several cases to the Russian President's Special Representative in the Chechen Republic for Rights and Freedoms. Case no. 12073 concerning the “kidnapping in Grozny at Mozdokskaya Street of


Prompt: 11.  On 19 May 1991 the applicants' father died. According to his will, dated 18 May 1988, the plot described under paragraph 8 (a) above was to be inherited by the first applicant and the other plots were to be inherited by the four applicants in equal shares. On 30 July 1991, Mr


Prompt: 41.  On 28 August 2004 the district prosecutor’s office ordered the unit prosecutor’s office to carry out certain investigative measures and requested the police to establish the place of residence of


Prompt:
46.  Human Rights Watch notes in its 2004 report “Creating Enemies of the State. Religious Persecution in Uzbekistan”:
“Hizb ut-Tahrir renounces violence as a means to achieve reestablishment of the Caliphate. However, it does not reject the use of violence during armed conflicts already under way and in which the group regards Muslims as struggling against oppressors, such as Palestinian violence against Israeli occupation. Its literature denounces secularism and Western-style democracy. Its anti-Semitic and anti-Israel statements have led the government of Germany to ban it ... Some in the diplomatic community, in particular the U.S. government, consider Hizb ut-Tahrir to be a political organization and therefore argue that imprisoned Hizb ut-Tahrir members are not victims of religious persecution. But religion and politics are inseparable in Hizb ut-Tahrir’s ideology and activities ... Even if one accepts that there is a political component to Hizb ut-Tahrir’s ideology, methods, and goals, this does not vitiate the right of that group’s members to be protected from religion-based persecution ...
Hizb ut-Tahrir’s designation as a nonviolent organization has been contested. Hizb ut-Tahrir literature does not renounce violence in armed struggles already under way –in Israel and the Occupied Territories, Chechnya, and Kashmir – in which it views Muslims as the victims of persecution. But Hizb ut-Tahrir members have consistently rejected the use of violence to achieve the aim of reestablishing the Caliphate, which they believe will only be legitimate if created the same way they believe


Prompt: 26.  On 8 July 2005 the first applicant wrote to the Chechen department of the FSB. She described in detail the circumstances of her son's abduction by a group of armed men in camouflage uniforms. She also stated that the abductors, who had arrived in military vehicles, had beaten her relatives and refused to provide the reason for her son's apprehension. The applicant also pointed out that on the night of the events a number of her neighbours had witnessed the vehicles pulling up to her house and leaving with


Prompt:
76.  In the Case Concerning the Application of the Convention on the Prevention and Punishment of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), judgment of 26 February 2007, the ICJ held, on the question of State responsibility:
“391. The first issue raised by this argument is whether it is possible in principle to attribute to a State conduct of persons - or groups of persons - who, while they do not have the legal status of State organs, in fact act under such strict control by the State that they must be treated as its organs for purposes of the necessary attribution leading to the State’s responsibility for an internationally wrongful act. The Court has in fact already addressed this question, and given an answer to it in principle, in its Judgment of 27 June 1986 in the case concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America) (Merits, Judgment, I.C.J. Reports 1986, pp. 62-64). In paragraph 109 of that Judgment the Court stated that it had to
‘determine . . . whether or not the relationship of the contras to the United States Government was so much one of dependence on the one side and control on the other that it would be right to equate the contras, for legal purposes, with an organ of the United States Government, or as acting on behalf of that Government’ (p. 62).
Then, examining the facts in the light of the information in its possession, the Court observed that ‘there is no clear evidence of the United States having actually exercised such a degree of control in all fields as to justify treating the contras as acting on its behalf’ (para. 109), and went on to conclude that ‘the evidence available to the Court . . . is insufficient to demonstrate [the contras’] complete dependence on United States aid’, so that the Court was ‘unable to determine that the contra force may be equated for legal purposes with the forces of the United States’ (pp. 62-63, para. 110). 392. The passages quoted show that, according to the Court’s jurisprudence, persons, groups of persons or entities may, for purposes of international responsibility, be equated with State organs even if that status does not follow from internal law, provided that in fact the persons, groups or entities act in ‘complete dependence’ on the State, of which they are ultimately merely the instrument. In such a case, it is appropriate to look beyond legal status alone, in order to grasp the reality of the relationship between the person taking action, and the State to which he is so closely attached as to appear to be nothing more than its agent: any other solution would allow States to escape their international responsibility by choosing to act through persons or entities whose supposed independence would be purely fictitious. 393. However, so to equate persons or entities with State organs when they do not have that status under internal law must be exceptional, for it requires proof of a particularly great degree of State control over them, a relationship which the Court’s Judgment quoted above expressly described as ‘complete dependence’. ...”
The ICJ went on to find that Serbia was not directly responsible for genocide during the 1992-1995 Bosnian war. It held nonetheless that Serbia had violated its positive obligation to prevent genocide, under the Convention on the Prevention and Punishment of the Crime of Genocide, by failing to take all measures within its power to stop the genocide that occurred in Srebrenica in July 1995 and by having failed to transfer


Prompt:
31.  On 13 September 2004 the investigator ordered another forensic examination. The experts were asked, inter alia, the following specific questions:
“4.  To determine whether the loss by M. Muradova of the vision in her right eye was the direct result of the initial injury or of any errors committed during the subsequent medical treatment. 5.  To determine whether the injury sustained by


Prompt: 168.  Upon the Court’s request to submit specific documents reflecting the most important steps taken by the investigation, the Government furnished copies of “entire criminal case files”. From the documents submitted it appears that in


Prompt: 39.  During a hearing held on 9 October 2003, Mr A.M. and Mrs E.T repeated their eyewitness accounts before the Şırnak court. The same day the Şırnak court issued an arrest warrant for Adem Yakın. It also ordered that


Prompt:
29.  On 7 January 2005 the head of the Directorate wrote a letter to the Government’s Agent in the following terms:
“... [T]he ... Directorate ... has received your letter concerning the application lodged by


Prompt: 12.  On the night of 1-2 January 2003 Abubakar Bantayev and his children were sleeping in one part of the house at 1 Zapadnaya Street, in the village of Komsomolskoye. Abubakar Bantayev’s brother, Shamil Bantayev, was sleeping in another part of the house.


Prompt: 214.  Ms K.M. and Ms R.Z., the first applicant’s neighbours, stated that at about 8 p.m. on 9 March 2006 they had seen a group of armed men arrive at their block of flats in a grey UAZ vehicle. One of the men had ordered the residents to go inside and not to look through the window. The men walked up to the second floor and then went away. Afterwards, the neighbours learnt that those men had abducted


Prompt: 134.  The court decided to issue a rogatory letter to the Ankara Assize Court requesting Major Özen's defence submissions and to issue a summons requiring Master Sergeant Günay to appear. It further decided to issue rogatory letters to the Assize Courts of Buldan and Pazaryolu in respect of the public prosecutors


Prompt: 23.  Later in the morning on 3 July 2001 the first, third and fourth applicants, along with other relatives who had not seen their detained family members since the previous day, went to the Achkhoy-Martan VOVD. There they were shown a list of about forty names of persons from Sernovodsk, including


Prompt: 17.  On 15 March 2012 the Justice of the Peace of Circuit no. 369 of the Tverskoy District examined the administrative charges against the applicant. The applicant challenged the authenticity of the police reports and the witness statement of the two police officers on the grounds that he had been arrested by different police officers, but his objection was dismissed. On the basis of the written statements and testimony of two police officers


Prompt: 10.  Following a request by the Diyarbakır public prosecutor’s office on 4 April 2006, a forensic report was drawn up on 12 April 2006 by the presidency of the criminal investigation department’s forensic laboratories attached to the Diyarbakır police headquarters. It showed that the object extracted from


Prompt: 19.  On 30 March 2000 M.Ç., another gendarmerie private who was performing his military service in Turhal in 1999, gave statements to the Kurşunlu public prosecutor in Çankırı. He maintained that Seyit Külekçi and


Prompt: 7.  The applicant was questioned by police officers on 5 October 1995. In a written statement prepared by the police and signed by him, the applicant was quoted as having stated that he was a member of the PKK and that he had had a number of meetings with several of its members, including Özcan Atik. One day Özcan Atik had told the applicant that he had asked a certain


Prompt:
84.  On 24 August 2006 the investigators decided to conduct a forensic medical examination of the second applicant. The text of the decision included the following:
“...The investigators questioned the mother of the disappeared


Prompt: 42.  On 18 September 2008 the District Court held a hearing in connection with the applicant’s complaint. According to the transcript of the hearing, both parties were present. During the examination the representative of the investigating authorities submitted that they had transferred the evidence concerning the killing of Mr


Prompt:
71.  Following the decision of 23 June 1998 to sever the civil and criminal proceedings, on 12 January 2001 the Mureş Regional Court delivered its judgment in the civil case. The court noted that the victims had requested pecuniary damages for the destruction of the houses and their contents (furniture, etc.), as well as non-pecuniary damages. The court further noted that, during the events of 20 September 1993, eighteen houses belonging to the Roma population in Hădăreni had been totally or partially destroyed and three Roma had been killed, a criminal court having found twelve villagers guilty of these acts. Basing its decision on an expert report, the court awarded pecuniary damages for those houses which had not been rebuilt in the meantime, and maintenance allowances for the children of the Roma killed during the riots. On the basis of an expert report, the court awarded pecuniary damages in respect of the partial or total destruction of the houses of six Roma, including those of the third and fifth applicants. The court rejected the other applicants' request for pecuniary damages in respect of the rebuilt houses, finding, on the basis of the same expert report, that their value was either the same or even higher than the original buildings. It further refused all applicants damages in respect of belongings and furniture, on the ground that they had not submitted documents to confirm the value of their assets and were not registered as taxpayers capable of acquiring such valuable assets. The court stated, inter alia:
“Mr


Prompt: 45.  Mr Yoldaş and Mr İpek asserted that in March 1993 security forces and village guards had assembled the villagers in Akrad-Günalan and had tortured them. Mr Abdulbaki İpek elaborated on the incident, stating that he was one of the four victims and that he had suffered three broken ribs. They also submitted that, angered by the landmine explosion, security forces and village guards had come to Suçıktı and had threatened to kill the villagers if they did not vacate the village. Such threats, added to earlier incidents, caused these witnesses and their families to leave the village on an unspecified date. Conversely,


Prompt:
24.  On 26 June 2006 the Prosecutor General of the Republic of Moldova, Valeriu Balaban, wrote a letter to the Moldovan Bar Association in which he stated, inter alia, the following:
“Lately, the Prosecutor General’s Office has been confronted with the phenomenon whereby some Moldovan lawyers involve international organisations specialising in the protection of human rights in the examination by the national authorities of criminal cases. These organisations are used as an instrument for serving personal interests and for enabling suspected persons to avoid criminal responsibility.
Examples of such incidents are the case of Gurgurov, triggered by the lawyer


Prompt: 83.  According to Ms S.'s statement, a “sweeping-up” operation was conducted in the village on 29 April 2001. When two APCs appeared in their street and started shooting, all the women and children ran to hide in their basements. She did not head to the basement because her baby was in her house. Instead, she hid behind a fence. Through the fence she saw about twenty armed servicemen breaking into her neighbours' house and smashing everything inside. Then they threw Mr


Prompt: 15.  On 5 February 1996 the applicants' representatives filed a petition with the public prosecutor attached to the Diyarbakır State Security Court. Referring to the investigation that had been commenced into the death of


Prompt: 45.  Ms T.B. then stated that the State would be ready to return the money which had been paid by the first applicant as a fine and the shares in the factory forfeited by the second applicant; she explained that the first applicant’s shares could not be returned as they had already been assigned to a third party. The GPO employee also assured Ms


Prompt: 30.  Other pieces of evidence from the prosecution file were likewise published and commented on in the press. On 18 December 2011 the newspaper Ora de Cluj published an article with the headline, “Complete document. The reasoning of the interlocutory judgment ordering the pre‑trial detention of mayor


Prompt: 56.  On 21 June 2005 the first applicant wrote to the military prosecutor's office of the United Group Alignment (“the military prosecutor's office of the UGA”), requesting assistance in the search for


Prompt:
139.  İhsan Acar's statement to İrfan Odabaş reads:
“On the day of the incident I was working with my father in the field we leased. Our neighbour İlhan Gezer was working alongside us on his own land. We had gone under a tree in our field to eat our lunch, but there was a distance of about ten metres between my father and myself. Then a grey Renault without licence plates with two people in it came towards us. It stopped by my father.


Prompt:
56.  On 5 November 2009 the investigators drew up a plan of steps to be taken in the criminal investigation. The document stated, amongst other things:
“... the following hypotheses concerning the abduction are in the process of being checked out: 1.  The disappearance of


Prompt: 44.  Yakup Tanış also confirmed that the family had been subjected to intimidation by the authorities on account of his brother's political activities. Serdar Tanış could not remain in Silopi. He feared that he would be arrested and had been threatened by


Prompt: 113.  When cross-examined by the defence at a trial hearing, one of the above-mentioned six police officers had been unable to name the personnel of the police unit to which he had been deployed and, until assisted by a prosecutor, could not pinpoint his own exact location in Ismayilli at the time when he had allegedly seen the applicant. When the defence lawyer had tried to get him to show, on an official map of Ismayilli, exactly where he had seen the applicant and


Prompt: 163.   Mr Darbaydze had first spoken with Mr Khanchukayev in Russian in a separate room. The latter had provided information orally, but had refused to sign the corresponding document that would provide formal confirmation of his remarks (see paragraph 137 above). On being returned to the room where the other prisoners were being held, Mr


Prompt:
31.  The witness was on duty at Dherynia checkpoint on 11 August 1996 from 8 a.m. In his statement he reported, inter alia, the following:
“...At approximately 4.25 p.m. I observed a TCPE member who was armed with a baton assault a man who was dressed in blue jeans and a white t-shirt. I now know this man to be


Prompt:
77. On 11 April and subsequently on 7 October 2005 the investigators requested that the Central Archives of the Russian Ministry of the Interior inform them which military units had manned the checkpoint on 5 October 2001, stating, amongst other things, that
“... [from] the materials collected by the investigation it follows that on 5 October 2001 at about 12 a.m.


Prompt: 11.  Also the same day an autopsy was conducted on Nermin Karabulut's body at the Cumhuriyet University Medical Department, with the attendance of a prosecutor. Just before the autopsy her mother formally identified her deceased daughter. She told those present at the hospital that her daughter


Prompt: 13.  On 9 December 1998 the administration paid TRL 934,027,000 to Ms Mürvet Fidan, 884,579,000 TRL to Mr Murat Fidan, TRL 790,746,000 to Mr Hikmet Fidan, TRL 1,190,092,000 to Ms Zehra Fidan and TRL 2,041,230,000 to Ms


Prompt: 5.  The applicants claimed to be the owners of a building in Valletta, Malta. The Government contested this claim, stating that it appeared from the relevant records and from a letter written by the applicants themselves on 29 July 2005 that the premises had simply been acquired by the applicants’ late father, Mr


Prompt: 20.  The applicant’s objection (bezwaar) to this decision was rejected, after he had been heard on it on 16 May 2003 before an official board of enquiry (ambtelijke commissie), on 11 August 2003 by the Minister of Immigration and Integration (Minister


Prompt:
5.  The applicants are:
1) Ms Koku (also spelled as Koka) Magomadova, born in 1942,
2) Ms Ayshat Magomadova (also known as Taymuskhanova), born in 1976,
3) Ms Eset (also spelled as Aset) Magomadova, born in 1995,
4) Mr


Prompt: 56.  On 27 December 2004 the first applicant went to the Istanbul Bar Association and informed the lawyers there that pressure was being exerted on him and his brother by K.Ş.S. to dismiss their lawyers and withdraw their complaints. He further stated that the police chief had accompanied them to see a notary public, where they had signed a power of attorney giving their new lawyer authority. He informed the Bar Association of his wish to be represented by his previous lawyer


Prompt:
39.  Another hearing was held on 30 December 2008 at which witnesses D.D. and D.L.B. gave their evidence. Witness D.L.B. stated:
“On that day Tomislav Remetin, H.K., D.D. and I, were playing in front of the Marin Držić Primary School. At one point I saw the accused jumping over a wall and then he asked for


Prompt: 9.  The second applicant kept asking the men about the reasons for her son’s arrest, but she did not receive any explanation. The Russian man ordered the others to hurry up and take Magomed Kudayev away. Next, the men put


Prompt: 39.  Mukaddes Gündüz (wife of Mehmet Gündüz), Mustafa Tunç (father of Fevzi Tunç), Çiçek Yıldırım (mother of Ali Yıldırım), Cemal Poyraz (father of Zeynep Poyraz), Celal Sevinç (husband of Dilek Şimşek Sevinç), Ali Şimşek (father of


Prompt: 38.  The trial court also noted that the applicant had taken part in the impugned “particularly professionally organised and very much clandestine” operation for the capture of A.R. “Vanagas” and his spouse


Prompt: 66.  On 23 July 2004 the district prosecutor’s office granted the first applicant’s request for information on progress in the investigation. On the same date the first applicant informed the investigators that


Prompt:
5.  The applicants are:

30089/04 Mr Ciaron Goggins, a British national who was born in 1961 and lives in Ballyjamesduff, Ireland.

14449/06 Mr John Day, a British national who was born in 1964 and lives in Witham.

24968/07 Mr


Prompt: 125.  Mrs Ristanović was born on 19 November 1968 in Zavidovići (Bosnia and Herzegovina). She is currently a Serbian citizen. She moved to Ljubljana (Slovenia) in 1986 in search of work. She married there and on 20 August 1988 her son, the fifth applicant Mr


Prompt: 8.  On 5 March 2007 a demonstration was held on the campus of Dicle University to protest about the conditions of Abdullah Öcalan’s detention, and in particular about his alleged poisoning by the Turkish authorities. A group of forty people entered the university building and asked the students to leave. They held a press conference on the premises of the university and chanted slogans in favour of the PKK and


Prompt: 247.  In the beginning of 2004 the second applicant complained to the prosecutor’s office of the Chechen Republic of the disappearance of his brother and asked for assistance in the search for him. In reply he was informed that operational search activities aimed at establishing the whereabouts of Mr


Prompt: 67.  On 23 August 2006 the first applicant wrote to the district prosecutor’s office. In her letter she stated that Mr D.U., her brother’s former colleague, Mr U.I., a former official of the Michurina settlement administration, and Mr M.D., Mr U.I.’s neighbour, had known that


Prompt:
39.  On 11 March 2005 Ko. received the order of 10 March 2005 and on the same date started the examination. The expert finalised the examination on 14 March 2005. The resulting report was completed on 17 March 2005 and contained a detailed description of the scientific methods used. The expert’s conclusion was that a combination of genetic features found in the samples taken from the corpse and from the dead man’s nephews confirmed the blood relationship between them with a probability of 99.92 percent.
(d)  Decision to terminate criminal proceedings in respect of


Prompt:
17.  On 24 November 2000, in the light of this expert report and the statements given by the various parties involved, the head inspector of the Ministry of Health drew up a report concluding that the midwives G.E. and A.Y., employed in the Karşıyaka Public Hospital and the Alsancak Public Hospital respectively, had failed in the duties attached to their functions, in that they had sent the patient home in spite of her continuing pain and without having had her examined by a duty doctor. He also considered that doctors F.B. and Ö.Ç., employed at the Atatürk Teaching and Research Hospital, had failed in the duties attached to their functions, in that they had not requested a consultation with a gynaecology and obstetrics specialist, nor indicated to the patient that she should seek such a consultation. Furthermore, the investigation concluded that a complaint report had been drawn up concerning the issue of the liability of T.K., H.V., S.A. and Ö.Ö., doctors in the gynaecology and obstetrics department at the Ege University Medical Faculty Hospital, so that it was not necessary to rule again in their respect. The head inspector reached the same conclusion as to the liability of the impugned ambulance company, and a separate report had been transmitted on this matter to the İzmir Directorate of Health.
The investigation report noted, however, that doctors T.K., H.V., S.A., and Ö.Ö. had failed in their obligations and thus caused, by their negligence, imprudence and lack of experience, the death of Mrs Şentürk. Finally, the committee considered that Dr S.A.A. from the Ege University Medical Faculty Hospital had committed no error in transferring Mrs Şentürk to the gynaecology and obstetrics department.
The report on the findings of the investigation into the events which occurred at the Ege University Medical Faculty Hospital include the following points:
“After her examination in the emergency department ...,


Prompt: 10.  The first applicant was born in 1941 and lives in Amman (Jordan). According to the Security Council of the United Nations (UN), he was head of finance for the Iraqi secret services under the regime of


Prompt: 10.  As regards Neslihan Göktepe, he observed that there were swellings on her head, behind her left ear and an erythema on her back as a result of blows. He also noted a graze on her neck. The doctor concluded that


Prompt: 28.  On 22 January 2002 the head of the Temporary Office of the Interior of the Vedeno District (“VOVD”) issued the first applicant with a progress report confirming that on 3 May 2001 unidentified servicemen armed with machine guns had broken into the household of the Kukuyev family and that


Prompt: 80.  The witness stated that he was from the same hamlet as the İpek family. All the families living there were related. He had returned to the hamlet on 17 May 1994 from Aydın for a visit. Soldiers on foot raided the village between 11 a.m. and noon on 18 May 1994. He was certain that they were soldiers since they were carrying G-3s. A helicopter flew above the area. The soldiers arrived in the hamlet on foot. The inhabitants were all made to assemble at the school on the edge of the hamlet, men on one side, women on the other. The soldiers took everyone's identity documents. He could see the hamlet being burned. Six of them (himself,


Prompt: 13.  The seventh applicant stated that on 7 November 2002 at about 2.30 a.m. five men in camouflage or black uniforms armed with machine guns had entered the room where he and his father were sleeping and asked for his passport. The seventh applicant was ordered to lie on the floor. One of the servicemen read out his full name and the seventh applicant confirmed that it was him. Then the servicemen searched the rooms without saying what they were looking for and left in about ten minutes. They told the seventh applicant to remain on the floor and not to move. The seventh applicant heard them break down the door to the next room. About five minutes later three men entered the room and again asked the applicant for an identity document. The seventh applicant replied that his passport had already been checked and the men left without saying anything. After about fifteen minutes he heard the servicemen leaving. Once it was quiet, he went into the main house and saw his mother and sister. Together they went into his brother’s room and his wife told them that


Prompt: 64.  On 14 June 2007 the investigators questioned the first applicant's neighbour, Mr Z.M., who stated that on 13 September 2000 his relatives had informed him about the arrest of Magomed-Ali Abayev and


Prompt:
70.  According to the first applicant, following her request for information on the progress of the investigation of 13 August 2007, on 15 August 2007 the prosecutor of the Leninskiy District of Grozny unofficially provided her with a print-out of the outline of the investigative measures on five pages, the relevant parts of which read as follows:
“Criminal case no. 12113 was opened on 8 August 2000... into abduction of [T.],


Prompt:
13.  On 28 August 2007 the Moscow prosecutor's office with responsibility for supervision of the implementation of laws on marine and air-borne transport ordered the applicant's placement in custody, pursuant to Article 466 of the Russian Code of Criminal Procedure (“CCP”), until his transfer to the country which had requested extradition. The decision gave the following reasons for application of a measure of restraint:
“


Prompt: 76.  In 2000 and 2001 the investigators questioned medical personnel from the hospitals in Achkhoy-Martan, Staraya Sunzha (Grozny), Urus-Martan and Nazran (Ingushetia). They testified about the wounded who had been brought to the hospitals on 29 October 1999. It appears that the majority of the victims were brought to the Achkhoy-Martan hospital, which was the closest to the site. However, no records were made that day because the large number of victims meant that all the staff was busy providing first aid for the heavy wounds. At least ten wounded persons were brought to the Urus-Martan hospital and six to the Staraya Sunzha hospital, where a nurse recalled treating the second applicant and


Prompt: 8.  Mr Z., Mr D. and Mr Yu. ran to the village of Sary-Su to warn the police. On the way they got lost in the dark and only arrived at the village at about 4 a.m. on 2 April 2006. They knocked at the door of the house of a local resident, Mr Kh.V., and told him about the incident. Mr Kh.V. took them by car to the local police station. Then Mr Z., Mr D. and Mr Yu. returned to the pond, accompanied by the police. They found


Prompt: 45.  The decision further referred to statements from a number of witnesses, including the applicant’s daughter and daughter-in-law, the applicant’s two neighbours and Movsar Musitov, all of whom had given a similar description of the events of 12 May 2001. The decision also stated that FSB officer T. had been questioned on 10 July and 22 October 2001 and FSB officer M. had been questioned on 16 July 2001 and 23 October 2002. They both testified that on 12 May 2001 in the vicinity of the “Neftyanik” market in Grozny they had apprehended three men, including


Prompt: 13.  On 13 June 1997 the Hakkari chief public prosecutor filed a bill of indictment with the Hakkari Assize Court (Hakkari Ağır Ceza Mahkemesi). The chief public prosecutor stated that the information obtained indicated that


Prompt: 10.  Some time later a number of armed men arrived in two armoured personnel carriers. According to the witnesses, they were servicemen of the Russian armed forces. Without any prior warning the servicemen opened indiscriminate fire across the field. The witnesses hid so that they could observe the events in safety. The servicemen also fired at the applicant’s husband and Mr D. Mr


Prompt: 32.  On 27 July 2003 Ms V. was questioned as a witness. She stated that on 25 July 2002 she had overheard an elderly lady saying that she had witnessed the arrest of a young man by federal servicemen. When the lady told the servicemen that the arrested man was her son, they had produced identity papers in the name of


Prompt:
47.  On 11 May 2004 the interim district prosecutor ordered the investigators to resume the investigation and take the following investigative steps within fifteen days:
“... At the moment it is necessary to take a number of investigative steps in order to forward the criminal case for further investigation to the military prosecutor’s office in accordance with the rules of jurisdiction:
...
-  to question Mr V.M. again about the circumstances of the case ...;
-  to identify local residents who witnessed the arrest;
-  to identify the service guns of


Prompt:
23.  The court examined the medical expert's conclusion to the effect that the possibility of N.'s having sustained the injury in the parietooccipital region as a result of falling down onto the pavement could not be ruled out. In assessing that conclusion the court stated as follows:
“...the court takes into account that this conclusion was made on the basis of the statements by the defendant


Prompt: 6.  On 27 September 1993 the first two applicants and Mircea Stoinescu brought an action for the recovery of possession of immovable property in the Arad Court of First Instance against Arad Town Council and R., a State-owned company responsible for the management of property belonging to the State. After the death of


Prompt: 55.  In the light of the foregoing, the Supreme Court held that the applicant understood one of the essential operational goals of the LSSR MGB, namely to destroy physically the members of the organised movement of the Lithuanian national resistance to the Soviet regime, that is Lithuanian partisans, their connections and supporters, as a part of the Lithuanian national-ethnic group; he approved of those goals and took part in their implementation during the secret operation in which the Lithuanian partisans


Prompt: 80.  The witness said that Serdar Tanış had been anxious and concerned about the threats and arranged for his lawyer to draft five or six copies of a petition to the public prosecutor and other authorities, informing them of the intimidation and pressure to which he and his entourage were being subjected by the commanding officer of the Şırnak gendarmerie regiment. On 8 January 2001


Prompt: 16.  On appeal, the case was brought directly before the Supreme Court (Høyesterett), which by judgment of 21 September 2007 (HR 2007‑1593-P, case no. 2007/237) found against the lessor. It considered that section 33 of the Ground Lease Act should be examined exclusively in the light of Article 97 of the Constitution, with which it was compatible, and that there was no infringement of Article 1 of Protocol No. 1 to the Convention. In his reasoning, approved in the main by the other six Justices sitting in the case, the first voting judge, Mr Justice


Prompt: 128.  On 10 August 2000 the head of the local administration, Mr Said‑Selim Ay., informed the applicant that the servicemen conducting the operation would release the detainee in exchange for a machine gun. The applicant agreed to the exchange. However, after visiting the military base, Mr


Prompt: 99.  On 30 July 2002 Mr Aslambek Adiyev (in the documents submitted also referred to as Mr Ibragim Madiyev), Mr Albert Midayev, Mr Magomed Elmurzayev and their respective families had gathered at Albert Midayev’s house in Shali. At 2.05 p.m. several vehicles pulled over at the gate and a group of men in camouflage uniforms with pistols, machine guns and shields got out. All but two were wearing masks. The men opened fire at


Prompt: 117.  Each of the applicants (except for Mr Margoshvili) recognised himself in the relevant photograph submitted by the Georgian Government. Mr Robinzon Margoshvili (formerly Ruslan Tepsayev) was identified by the other applicants as Ruslan (four times) and


Prompt: 67.  To date, six houses have not been rebuilt, of which two belonged to the applicants Petru (Dîgăla) Lăcătuş and Maria Floarea Zoltan. According to an expert report submitted by the Government, the damage caused to the houses of


Prompt: 75.  On 28 March 2007 Ilinden filed an application for judicial review with the Sandanski District Court. It argued that the Mayor’s refusals to allow the rally as planned were unlawful, as Ilinden was willing to shift the timing of the event, but could not shrink it into the short timeframe allowed by the Mayor. It included a programme which needed time and it would not in any way disturb other events or visitors to


Prompt: 62.  When he was brought to court on 10 December 1993, he learned of the statements made against him by Abdülhakim Güven. The Prosecutor alleged that he had been apprehended in possession of an incriminating PKK document. The applicant replied that this was impossible and illogical. He claimed to have been “framed”, for he knew of the wave of arrests of his colleagues at that time and the rumours about


Prompt:
30.  On 9 October 1996 the Bank's lawyer filed additional observations, which were not communicated to either the applicants or their lawyer, until they were notified of the High Court's decision of 3 December 1996 mentioned below. The 9 October 1996 document read:
“I refer to the written plea of 23 September 1996 from the appellants. The plea gives rise to a need for some clarification, but most of the content has been commented on previously.
On page 2 the appellants contend that the major grounds given for the decisions in this and another case contain direct errors that have allegedly been revealed. It is not correct, however, that Mr Justice Steintveit has given any inaccurate information in this case.
The District Court Judge has been aware of the objections that have been raised since 1992, but he was not aware that specific objections relating to disqualification had been raised in those cases where it is so contended. Here I refer to page 4, penultimate paragraph, of the plea, from which it appears that their counsel, Mr Howlid, did not raise during the main hearing any objections relating to disqualification, despite the fact that the Walstons allegedly instructed him to do so.
It is completely incomprehensible to me that the Walstons now claim that their counsel, Mr Howlid, acted contrary to his instructions in the District Court when they themselves were present when it happened and did not protest in any way.
As regards consideration of the disqualification issue in the High Court, I abide by what I have said previously about the matter. The High Court was not requested, either in the written plea or in court, to deal with the disqualification issue, as it was contended both by


Prompt: 42.  On 13 December 2003 the district prosecutor's office received a complaint by the first applicant dated 29 August 2003 and addressed to the Administration of the President of Russia. According to the complaint, on an unspecified date during the month of Sawm unidentified men wearing camouflage uniforms and masks had entered the Idalovs' house in the village of Akhkinchu-Borzoy and kidnapped


Prompt:
21.  On being asked by the investigating judge at the beginning of the examination whether he had chosen a lawyer, the applicant answered in the negative. At the end of the interview record it was stated:
“I (the investigating judge) have notified him that I have informed


Prompt: 18.  The Government did not challenge most of the facts as presented by the applicants. According to their submission, “...on 15 August 2002 M.A. Shaipova complained to the Urus-Martan district prosecutor's office that between 4 p.m. and 5 p.m. on 13 September 2000 her son


Prompt:
78.  The domestic courts concerned and the dates of their decisions are detailed below.
Ms Kostyleva: Supreme Court of the Komi Republic, 30 July 2010 (upheld on appeal by the Supreme Court of the Russian Federation on 28 September 2010);
Mr


Prompt: 7.  On 29 March 2006, at around 13.30 p.m. to 2 p.m., on leaving his workplace, Tarık Ataykaya found himself in the middle of a demonstration. The Government accepted the argument that Tarık Ataykaya had not taken part in the demonstration but had just been passing by, and explained that the police had fired a large number of tear-gas grenades to disperse the demonstrators.


Prompt: 30.  On 2 April 2005 the applicant wrote to the military prosecutor and the prosecutor of the Chechen Republic, describing in detail the circumstances of the abduction of her son and stressing that his abductors had passed through the checkpoint of the federal forces unhindered and that her relatives had heard on the Chechen State radio and television that Russian servicemen had arrested


Prompt: 22.  The applicants’ submission concerning the circumstances of the abduction and the surrounding events is based on the statements of the first applicant lodged with the application and the additional statement dated 10 February 2011, the statement of the applicants’ neighbour Mr M.T. dated 4 February 2011, the statement of the applicants’ relative Mr A.A. dated 4 February 2011 and copies of the contents of the investigation file opened in connection with Mr


Prompt:
29.  The description of the circumstances surrounding Sarali Seriyev's abduction is based on an account by the first applicant dated 20 May 2005, on an account by the second applicant, dated 6 February 2006, and on documents submitted with the application.
b. The search for


Prompt: 19.  On 15 November 1992 PKK forces ambushed nine Balpınar village guards on a road near the village of Karataş. In the course of this clash, which lasted about fifteen minutes, four village guards were killed and four others wounded. An investigation into the clash was carried out. The Fosfat gendarme station commander,


Prompt: 31.  On 3 June 2011 the investigators forwarded requests for information as to whether Tamerlan Suleymanov had a criminal record to various regional information centres of the Ministry of the Interior of the Russian Federation (“the MVD”). Replies were received in the negative. On the same date they asked the relevant hospitals in Chechnya to provide information as to whether


Prompt: 38.  The prosecutor’s offices of the Groznenskiy, Shalinskiy and Nadterechny districts and the Achkhoy-Martan interdistrict prosecutor’s office informed the investigators that they had no information on


Prompt: 20.  In a letter of 13 May 2002 the Department of the Ministry of the Interior for the Southern Federal Circuit notified the applicant that the investigation in connection with her husband’s murder had been commenced on 17 [rather than 27] February 2000, that the case had been given the number 12005 and that the suspect in the case,


Prompt: 72.  On the morning of 13 December 2000, while driving to Pergamos to pick up his Turkish Cypriot workers, Mr S.E. saw a red Chevrolet double‑cabin pickup, which he later learned was the first applicant’s car, parked in the right-hand lane of the road approximately 500 metres from Rabiye’s café, slightly facing the left-hand side of the road and with the driver’s door open. When he reached the café, one of the first applicant’s Turkish Cypriot workers approached him and said that his boss had still not arrived. S.E. let the worker call the first applicant from his mobile phone, but the first applicant did not answer. S.E. then left the café with his workers. As he was driving past the first applicant’s car again, he saw three or four people standing by it, including the first applicant’s brother,


Prompt:
72.  The District Court found the applicant guilty of aiding and abetting the MP’s murder under Articles 78 § 2 and 25 of the CC and acquitted him of the charges in connection with the murder of B.C and the attempted murder of Z.N. The applicant was sentenced to 20 years’ imprisonment. The decision, in so far as relevant, states as follows:
“As outlined by the prosecutor, in the present case there exists simple collaboration and not a scheme of [defined] roles, duties, objectives and plans. In this collaboration, the aider and abettor ...


Prompt: 90.  At the same time, the Government stated that the criminal investigation in case no. 11012 in respect of Zaur Ibragimov had been opened on 9 November 2000 and not on 9 January 2001 as the applicants asserted. It also follows from the documents produced by the Government, in particular from the town prosecutor's reply to the fourth applicant dated 27 April 2001, that criminal investigation no. 11012 was instituted on 9 November 2000 in respect of both


Prompt: 23.  In their submissions prior to the Court's decision of 11 September 2008 on the admissibility of the application, the Government stated that “on 1 August 2000 officers of the Urus-Martan Temporary Department of the Interior of the Chechen Republic under Decree of the President of the Russian Federation of 2 November 1993 no. 1815 'On Measures for Prevention of Vagrancy and Mendicancy' apprehended and brought to the said department


Prompt: 88.  On the same day the investigator from the department of the General Prosecutor's Office in the North Caucasus closed the criminal proceedings against Magomed Ye. for want of evidence. He noted that it had turned out to be impossible to identify the persons who had abducted and killed


Prompt: 26.  In support of their statements, the applicants submitted the following documents: witness statement of the first applicant, provided on 27 February 2005; witness statement of the fourth applicant, provided on 2 March 2005; witness statement of the eighth applicant, provided on 2 March 2005; witness statement of the first applicant’s daughter Mrs


Prompt:
8.  On 14 March 2007 the newspaper published the applicant’s opinion. It was titled “Journalists under autohypnosis” (“Żurnalisci pod wplywem autohipnozy”) and included the following paragraph:
“Some people easily reach for personal arguments. The Gazeta Wyborcza journalist S.B., in a conversation with me stated: professor


Prompt:
31.  On 10 August 2009 the investigators asked the Chechnya Ministry of the Interior to inform them of the outcome of a criminal case against a relative of the deceased, Mr D. Abdurzakarov (also spelt Abdurzakov), in connection with the murder of FSB servicemen and police officers in 2000. The relevant parts of the request stated as follows:
“... The criminal case ... contains information about the involvement of officers of the Chechnya FSB stationed in the Shali district in


Prompt: 6.  The first applicant is the daughter of a merchant ship owner, the late Mr Kristoffer Olsen (Senior), who died in 1948, and of Mrs Dagny Marie Olsen, who died in 1970. Following her death, the parents' joint estate was subjected to public division (offentlig skifte) by the Oslo Probate Court (skifterett), as the heirs did not take over the estate's debts. The first applicant was one of three heirs to the estate, which comprised major shareholding positions in Luksefjell Ltd and, indirectly, in Dovrefjell Ltd., the family's two principal companies. These formed part of the Olsen & Ugelstad Ltd Shipping Company (founded in 1915 by the first applicant's father and by Mr


Prompt: 56.  At the close of this trial on 28 September 2000, Mr Mirian Arabidze was found guilty of having committed acts endangering public order during the attack against the Congregation on 17 October 1999 and given a suspended sentence of three years’ imprisonment for having caused minor injuries to Mr


Prompt: 25.  The Tychy District Court held a hearing on 23 January 2007 and on 30 January 2007 it gave its judgment. The court changed the classification of the offence and found all the accused guilty of having exposed


Prompt: 20.  According to the Government, Mr Lit. stated during his witness interview that on 11 September 2000 he had been guarding the field, together with Mr E., whilst Mr Lecha Khazhmuradov and Mr D. had been working in the nearby wood. Then servicemen in two armoured personnel carriers had arrived and opened indiscriminate shooting from automatic firearms. Fifteen or twenty minutes later the soldiers had ceased fire, then five or six of them had crossed the river and entered the wood in which the applicant’s husband and Mr D. had been working. Mr Lit. had heard the soldiers curse, then several shots followed, and then he had seen the soldiers throw the dead bodies of Mr


Prompt: 47.  During the hearing, Ms R., an expert in refugees from Central Asia, testified that charges under Article 159 of the Uzbek Criminal Code (attempted overthrow of the constitutional order of Uzbekistan, usurpation of power and breach of the territorial integrity of Uzbekistan) were in most cases politically motivated. Charges under Article 159 were often brought against individuals criticising the authorities or following religious practices not approved by the State. Such individuals were at a substantially higher risk of ill-treatment. In her opinion, the applicant was being persecuted for his religious beliefs and practices. She had drawn that conclusion, in particular, from the fact that he was being prosecuted for possessing a religious book by


Prompt: 5.  The applicants were born in 1984, 2002, 2005, 1935, 1948, 1973, 1983, 1973, 1969 and 1976 respectively and live in Tunceli. The first applicant is the wife, the second and third applicants are the children, the fourth and fifth applicants are the parents and the sixth to ninth applicants are siblings of Mr


Prompt: 19.  On 4 March 2003 the Malgobek prosecutor’s office wrote to the prosecutor’s office of the Chechen Republic stating that Isa and Shamil Khalidov had been apprehended by the servicemen of the Chechen police forces under the command of Mr K. and that the Nadterechny ROVD had refused to cooperate and provide information concerning the Khalidovs’ detention. The Malgobek prosecutor’s office requested the prosecutor’s office of the Chechen Republic to establish which law enforcement agency had detained Isa and


Prompt:
56.  Consequently, it held:
“Mr Tengiz Assanidze's conviction on 2 October 2000 by the High Court of the Ajarian Autonomous Republic is quashed and the criminal proceedings against him discontinued, as his acts do not disclose any evidence of an offence.
Mr


Prompt: 14.  In another forensic report dated 31 May 2006, a panel of forensic doctors composed of doctors G.M., N.S. and I.C., after examining the victim’s medical documents and his exhumed corpse, came to a similar conclusion, namely that he had died as a result of a rupture of the small intestine resulting in intestinal contents flowing into the abdominal cavity and causing bacterial contamination of the abdominal cavity – in other words, purulent inflammation of the peritoneum. According to the doctors, the injury causing his death had resulted from a blow from a blunt object with a small surface area to


Prompt: 17.  Finally, in his observations submitted to the Court in reply to the Government's observations on the admissibility and merits of the case, the applicant referred to an article published in the newspaper Özgür Gündem on 4 July 2005 giving details of a purported confession made by one Mr


Prompt: 6.  At the material time Avtury village was under the full control of Russian federal forces. Military checkpoints manned by Russian servicemen were situated on the roads leading to and from the settlement. The military commander’s office was located in the village. The applicants,


Prompt: 10.  About fifteen minutes after the servicemen had called for representatives of the military commander’s office to attend, an armoured URAL lorry, two black VAZ-2109 cars with military registration numbers of the ‘11’ region and a white VAZ-2121 (‘Нива’) car arrived at the checkpoint.


Prompt:
54.  On 4 November 2003 the Peterburg Ekspress newspaper published an article “Murderous doctor in the dock” which, in its relevant parts, read as follows:
“... Two years ago, in our issue ... of 26 January 2000, we wrote about the arrest of the murderous doctor who paid visits to elderly people, injected them with soporifics, and when they fell asleep robbed them of their personal belongings. Overall, his personal score is over fifty attacks and seventeen murders.


Prompt: 44.  On 27 November 2002 the district prosecutor’s office sent requests for information to the ROVD, the department of the FSB of the Shali district, a military prosecutor’s office, the military commander of the Shali district, the information centre of the Ministry of the Interior of the Chechen Republic, the remand prisons in the Chechen Republic and operational and search bureau no. 2 (“ORB-2”). In reply they were informed that the police, the FSB and the military had not carried out any operations in respect of


Prompt: 9.  Prior to 1999 Apti Elmurzayev worked as the head of the administration of the village of Martan-Chu and Musa Elmurzayev worked as his deputy. For some time in 1999 Apti Elmurzayev attended an Arabic school in the town of Gudermes, but then dropped out. Since the beginning of the hostilities in Chechnya Apti and


Prompt: 25.  The court noted the reference to the Stasi with which the applicant had started his article and his narrative of M.F.’s actions, which had resulted in an individual being investigated and subsequently having his computer seized. In that context he had asked whether M.F. had “used” the police against a political opponent. The applicant criticised the CoP for following up on the indications given by M.F., to the extent that the applicant had called on


Prompt: 35.  Also, on 27 February 2009 the first applicant had submitted a fresh asylum claim, based on the alleged deterioration in the general security situation in Afghanistan and an increased individual risk of treatment prohibited by Article 3, namely the fact that he was an ex-communist, that he was an atheist and thus belonged to a religious minority, and the fact that he had lived abroad for a long period. He also claimed that, due to his work, he was well known in Afghanistan and was prominent in Afghan circles in the Netherlands. On 19 February 2010, the first applicant was informed of the intention of


Prompt: 302.  At around 5 a.m. on 4 November 2001 a group of five or six armed masked men in camouflage uniforms broke into the applicant’s house and ordered everyone to lie face down on the floor. One of them handcuffed the applicant. The men quickly searched the house and took Mr


Prompt:
72.  In its judgment of 15 November 2011 in Case 256/11, Dereci and Others v. Bundesministerium für Inneres, the Court of Justice examined, inter alia, the question whether Article 20 of the TFEU was to be interpreted as prohibiting a Member State from refusing to grant a right of residence to a national of a non-member country who wished to live with their spouse and minor children, who were European Union citizens resident in Austria and nationals of that Member State, whilst the spouse and children had never exercised their EU right to free movement and were not maintained by the national of a non-member country. It held as follows:
“64  ... the Court has held that Article 20 [of the TFEU] precludes national measures which have the effect of depriving Union citizens of the genuine enjoyment of the substance of the rights conferred by virtue of that status (see


Prompt: 6.  On 6 July 2004 an article written by Mr B.G. entitled “Analysing the Kurdish dynamic correctly” was published in Ülkede Özgür Gündem. In his article, Mr B.G. stated his views on the role of Abdullah Öcalan, the leader of the PKK (an illegal armed organisation), a number of organisations associated with the PKK in regional and international politics and political developments in Turkey. Next to the article a photograph of


Prompt:
28.  On 23 June 2004 Amnesty International issued a media briefing entitled “Russian Federation: Chechen Republic – ‘Normalization’ in whose eyes?”. The paper referred to Adlan Dovtayev and Sharpuddin Israilov’s disappearance as follows:
“On 30 December 2002, an armoured personnel carrier (APC) in the Urus Martan region tried to stop and reportedly opened fire on two cars, killing one passenger and dragging the remaining eight into the APC. The eight were taken to the headquarters of the Russian Armed Forces in the North Caucasus in Khankala. During the following two days, six of the men were released, after having been reportedly subjected to torture and ill-treatment while being questioned about their alleged contacts with Chechen fighters.


Prompt: 5.  The six applicants are: Solaris, s.r.o., a company registered in the Czech Republic, Mr Roman Minarik, a German national who was born in 1965 and lives in Wilstätt, Mr Karel Rybáček, born in 1956, Mr


Prompt: 10.  In the first place, the Court found that the Moldovan Government was the only legitimate government of the Republic of Moldova under international law, but that it did not exercise authority over that part of its territory that was under the effective control of the “Moldavian Republic of Transdniestria” (MRT). Nevertheless, in the Court’s opinion, the Moldovan Government were under a positive obligation under Article 1 of the Convention to take the diplomatic, economic, judicial or other measures that were in their power to take and that were in accordance with international law to secure to the applicants the rights guaranteed by the Convention (Ilaşcu, Ivanţoc, Leşco and


Prompt: 47.  On 7 November 2001 the investigation interviewed A.I. as a witness. He stated that in November 2001 his relatives Aset Yakhyayeva and Milana Betilgiriyeva had come to visit his family in Serzhen-Yurt. In the evening of 6 November 2001 they had stayed at P.S.’s home. A.I.’s daughter M.I., as well as L.S. and two other women, had joined them. At about 7 a.m. on 7 November 2001, M.I. had told A.I. that during the night five armed masked men had abducted


Prompt: 15.  The Government in their observations did not challenge the facts as presented by the applicants. They stated that it had been established that on 14 January 2001 during the daytime, unidentified persons wearing camouflage uniforms and masks, armed with automatic weapons and using armoured vehicles, had arrived in the village of Novye Atagi in the Shali District, apprehended


Prompt: 20.  The Diyarbakır Assize Court further referred to a decision dated 22 March 2007 (case no. 2006/9165, decision no. 2007/2432) of the Ninth Criminal Division of the Court of Cassation, in which the latter had considered that the acts of the accused demonstrators (participation in the demonstration of 28 March 2006 after calls for a demonstration had been made by the PKK, in accordance with the latter’s aims; the chanting of slogans in support of the PKK and


Prompt: 49.  On 10 January 2006 the prosecutor's office requested the director of the Kursk Regional Clinic to explain the origin of, the possible cause of and methods of diagnosing the brain tumour found in


Prompt: 9.  The situation of the applicants is structurally and contextually the same as that of the applicants in Bittó and Others v. Slovakia (no. 30255/09, 28 January 2014 (merits) and 7 July 2015 (just satisfaction)), and subsequently decided cases concerning the rent-control scheme in Slovakia (see Krahulec v. Slovakia, no. 19294/07;


Prompt: 26.  On 15 December 2005 the republican prosecutor’s office forwarded Ms R. Dzhabrailova’s complaint to the district prosecutor’s office with a request for more activity in the investigation, for all necessary measures to be taken to establish the whereabouts of the missing person and for Ms


Prompt: 28.  On 14 September 2000 the acting prosecutor of the Urus-Martan district informed the applicant that her complaint had been forwarded to the Urus-Martan VOVD to open an investigation into the disappearance of


Prompt: 47.  In its judgment, the first-instance court cited the following evidence contained in the case file: the statements that A.G., K.O., Ş.Ö., H.K., N.Y., M.Ş., A.Y., C.P. and V.T. had made to the police within the context of the proceedings against them; the indictments in the cases against the aforementioned persons; the statements made by


Prompt:
164.  On 21 July 2011 the Chechnya investigations department returned the criminal case to the Shali investigations department, stating that there was no evidence proving the involvement of servicemen in the abduction of the applicant’s sons:
“... The discovery of traces of APC tracks and footprints made by army-type boots (though no forensic examinations have been conducted in this regard) is not enough to conclude that Usman and


Prompt: 43.  Based on the copies of the partly inconsistent documents containing medical information, received by the Court after the communication of the present application, the Government maintained that between 24 November and 30 November 2006 the following applicants had not received any medical treatment or, if they had, no physical injuries had been recorded in the course of the examination: Mr


Prompt:
5.  The applicants are:
1) The Church of Scientology of St Petersburg, an unincorporated group of Russian citizens formed for the collective study of Scientology (“the applicant group”);
2) Ms Galina Petrovna Shurinova, born in 1954, the president of the applicant group and a member since 1989;
3) Ms


Prompt: 15. On the same date the investigators sent requests to the Shali District Department of the Federal Security Service (FSB), the military commander’s office and the military prosecutor of military unit no. 20116, seeking information about whether special operations had been carried out in Ordzhonikidze Street in Avtury, whether


Prompt:
40. The applicants can be divided into three groups:
(i)  Families rehoused in social housing
Four families were relocated in social housing between March and July 2008 further to the MOUS agreement of 12 November 2007 (see paragraph 37 above):


Prompt: 18.  R. explained that owing to the exiguity of the cell, he was unable to maintain his grip on the back of the detainee’s neck and he decided to resort to a different stranglehold technique, which involved an “armlock” around the detainee’s neck, while forcing him down to the ground. When


Prompt: 12.  At about 2 a.m. on 9 December 2001 a group of about seven armed masked men in camouflage uniforms arrived at the applicant’s gate in two UAZ cars without registration plates. The men broke into the house and took


Prompt: 124.  On 23 November 1995 Harun Aca made a statement at the Bismil gendarmerie central command, in which he declared that he had left Ambar in 1988. He had later joined the PKK until he had surrendered himself voluntarily on 4 April 1994 to the Derik gendarmerie district command. Owing to his participation in military anti-terrorist operations as a guide, it was impossible for him to return to Ambar. He had only done so on very rare occasions and for reasons of security had then always stayed on the premises of the Bismil gendarmerie district command. His parents, his spouse and family lived in Ambar. They did not have a hostile relationship with the other families living there, but owing to his personal position his family had become a PKK target. He confirmed that


Prompt: 15.  At the hearing in December 1999, which lasted one day, the applicant was accompanied by his social worker. He was not required to sit in the dock and the court took frequent breaks and dispensed with the formality of wearing wigs and gowns. The Crown case consisted of two written statements (by the victim of the alleged crime and the arresting police officer) and the oral testimony of two eyewitnesses. The applicant gave evidence that he had committed the offence under duress, and


Prompt: 189.  On 22 December 2001 the nineteenth applicant complained to the district prosecutor’s office about the detention of her son Sharpudi Visaitov on the previous night by military servicemen wearing masks. A similar statement was submitted by the fourteenth applicant on 3 January 2001 concerning the kidnapping of her son


Prompt: 20.  In a registered letter with recorded delivery received by the Ministry of the Interior on 2 December 1997, the applicant association presented the Minister with a claim for compensation for the pecuniary and non-pecuniary damage caused by the application of the unlawful order of 29 April 1988 for more than nine years. According to the applicant association, the implementation of this order amounted to tortious conduct on the part of the authority. It estimated the overall losses it had sustained at 831,000 French francs (FRF), including FRF 481,000 resulting from the financial loss deriving directly from the prohibition of sales of the book throughout France. To date it has not had any reply from


Prompt: 63.  The investigation failed to establish the whereabouts of Ramzan Babushev, even though the investigating authorities sent requests for information to the competent State agencies and took other steps to have the crime resolved. At the same time the investigation found no evidence to support the involvement of the federal forces in the crime. The law‑enforcement authorities of Chechnya had never arrested or detained


Prompt: 61.  On 7 February 2002 the Istanbul Assize Court rendered its judgment in the case and acquitted the accused police officers of the charges brought against them. The first-instance court noted that the deceased


Prompt: 16.  Later on the same day the second applicant went to the Argun town administration, where she met about fifty relatives of other men arrested during the special operation. Two representatives of the town council informed her that the arrested men had been taken to a “filtering” point on the outskirts of Argun, and they agreed to pass on clothes to Mr


Prompt: 96.  He said that his job was to gather intelligence for use in maintaining public order and preventing crime. He was the leader of a two-man team. He and his colleague reported to the commanding officer,


Prompt: 19.  Most of the defendants were convicted on most charges; some were fully or partly acquitted. The applicant was convicted and sentenced to 15 years’ imprisonment with hard labour. Other defendants, including


Prompt: 14.  At about 1.30 p.m. on 25 January 2001, three people in a blue Fiat purporting to be police officers attempted to force Serdar Tanış to get into the car. Having informed them that he would go to the central gendarmerie station only if he received an official summons, he made his way to HADEP's offices. On receiving a call on his mobile phone from the gendarmerie commanding officer, he went to the station accompanied by


Prompt: 64.  On 8 April 2004 the military prosecutor’s office of military unit no. 20102 forwarded the second applicant’s complaint about the search for her son to the Chechnya prosecutor’s office. The letter stated that it had been established that the Russian military servicemen had not been involved in the abduction of


Prompt: 20.  On 18 August 2003 the Military Prosecutor’s Office of the UGA informed the first applicant that her application had been examined. The inspection conducted had produced no evidence of involvement of servicemen in the abduction of Mr


Prompt:
8.  On 6 April 1998 the Slavonski Brod Office of the Croatian Pension Fund (Hrvatski zavod za mirovinsko osiguranje, Područna služba u Slavonskom Brodu) accepted a payment by the applicant of 4,978 Croatian kunas (HRK) in respect of pension contributions for the period from 30 November 1992 to 31 December 1994. It issued a certificate of payment, which read as follows:
“This is to confirm that on 6 April 1998 the person contracted to pay contributions,


Prompt:
9.  At the relevant time the applicant was the publisher and editor in chief of the weekly Domino efekt. In 1994 and 1995 the weekly published three articles which concerned civil proceedings for defamation pending before the Slovakian courts. The proceedings were between Mr Slobodník, a Minister who became later a Member of Parliament, and Mr Feldek, a poet and publicist who had published a statement alleging, inter alia, that Mr Slobodník had a fascist past. The relevant parts of the articles, which were not written by the applicant, read as follows. 1.  Article published on 1 April 1994
“Quo vadis, Slovakian justice? (A shameful judgment delivered by the Supreme Court)
When the Bratislava City Court put an end to the first round of the judicial dispute between Mr Slobodník and Mr Feldek dismissing the former minister’s action for protection of his personality rights, voices could be heard alleging that the outcome of the appellate proceedings before the Supreme Court would be different. They argued that [the Supreme Court] judges were ‘different’. Those views came true and Slovakia faces further ridicule at the international level. The Supreme Court chamber presided over by [judge Š. - the article mentioned the full name of the judge] did not disappoint.
A tragicomic farce
The Slovakian poet and writer


Prompt: 50.  On 10 March 2000 F.D. reported the abduction of her spouse, Adam Suleymanov, to the Zavodskoy temporary department of the interior of Grozny (“the Zavodskoy VOVD”). On 15 March 2000 the first and third applicants also reported the abduction of their sons,


Prompt: 46.  On 22 August 2007 the investigators questioned the eighth and fourth applicants as well as Salman Bantayev’s neighbour, Mrs M.M. The eighth applicant testified that on an unspecified date in January 2003 he had woken up and had seen a group of armed masked men in camouflage uniforms in the house. They had demanded money and gold; having spent about twenty minutes in the house, they had left with his father


Prompt: 67.  In October 2005 a comprehensive psychological and psychiatric report carried out by two senior medical experts concluded that, judging by the video extract and other materials, the behaviour of both Colonel-General Baranov and


Prompt: 32.  On 13 September 2002 they were charged under the same Article and were detained. This decision stated that on 21 July 2002 at around 6.30 p.m. near Martuni post office, officers V.G. and D.H., being public officials and suspecting


Prompt: 9.  On the same day, the body was examined by a doctor in the presence of the public prosecutor. The doctor's report observed two sutured injuries of 2 x 1 cm. on the right parietal lobe and on the left occipital lobe and fractures on the cranium. The report further indicated that


Prompt: 6.  On 28 April 2001 police officers from the Anti-Terrorism Department of the Ankara Security Directorate arrested the applicants Gülşen Arslan, Fadime Çelik and Derya Binay at their house. According to the arrest report, the police acted upon a complaint filed by the proprietor of the house, who suspected that the tenants were carrying out some illegal activities on her property. Subsequently, the police also searched the Tohum Cultural Centre and took


Prompt: 19.  On the same evening, 31 October 2009, an officer who introduced himself as Mr Isa, the district police officer, arrived at the applicants’ house, although neither the applicants nor their relatives had informed him about the events. The officer knew that Mr


Prompt: 266.  Mr Güven confirmed his allegation that in 1992 Sabahattin Acar had brought cyanide poison into the prison in order to harm PKK opponents who were putting pressure on members' families. Mr Acar had handed over the poison to Mr Güven directly.  He had no comment on the statement of another PKK confessor,


Prompt: 8.  On 3 December 1990 the Warsaw District Court declared that the estate of Józef Potocki had been inherited, pursuant to the relevant provisions of the Polish Civil Code, by his wife Pelagia-Maria Potocka for four sixteenths, and by each of his children,


Prompt: 65.  In this letter, the authorities of the Ministry of the Interior informed the Foreign Ministry of their conclusion that, having regard to the way in which Ferhat Tepe had been abducted and to the anonymous telephone calls, Ferhat must have been killed by members of the PKK, in a settling of scores within the organisation. They also noted that the allegation that the authorities had failed to respond to the applicant’s request for help was untrue since, following receipt of the applicant’s complaint, an investigation had been started and the photographs of


Prompt: 13.  Immediately after the detention of Magomed and Kharon Khumaidov the applicant and other relatives arrived at the FSB base in Khatuni, enquired about the Khumaidovs and attempted to provide them with warm clothes. Several FSB officers who had the names or nicknames Damir, Shamil, Dima and


Prompt: 43.  On 27 March 2004 the investigators questioned the applicant, who stated, among other things, that at about 4 a.m. on 18 March 2004 her son Timur Khambulatov had been taken away by armed men in camouflage uniforms who were speaking Russian and who had arrived in two APCs (armoured personnel carriers), two GAZ minivans (tabletka) and two UAZ cars. The men had not hit


Prompt: 121.  Ercan Günay, a Master Sergeant in the gendarmerie, stated that he had been serving at the Mardin provincial gendarmerie interrogation centre since 18 September 1990. Together with Major Aytekin Özen he had undertaken the task of interrogating


Prompt: 20.  In support of their application the applicants submitted a number of documents, including the following: witness statements provided by the first applicant on 20 May 2003, 13 July 2003 and on an unspecified date; witness statements provided by the second applicant on 20 May 2003 and on an unspecified date; a witness statement by the applicants' neighbour Mr S.A., provided on an unspecified date; a witness statement by the applicants' neighbour Mr A.S., provided on an unspecified date; a witness statement by the applicants' relative Ms Z.G., provided on 20 May 2003; four character references for


Prompt:
39.  The letters sent to the other two applicants were similar in content. The letter to the second applicant (Arkady Sisojev) stated in particular:
“... If your wife, Mrs Svetlana Sisojeva, avails herself of the opportunity to regularise her stay in the Republic of Latvia in accordance with the provisions in force, you will be entitled, under the Immigration Act, to obtain a residence permit. The Directorate is not aware of any reason which would prevent you from applying for and obtaining a residence permit in Latvia.
Under the terms of section 32 of the Immigration Act, only aliens residing in Latvia on the basis of a residence permit may apply to the Directorate for a residence permit ... In other cases, and where such a move accords with international human rights provisions and the interests of the Latvian State, or on humanitarian grounds, the Head of the Directorate may authorise the person concerned to submit the relevant papers to the Directorate in order to apply for a residence permit. As no order has hitherto been made for your deportation, you may submit the relevant papers ... to the Alūksne district office of the Directorate ...
...
In view of the above, the Directorate is prepared to issue you with a residence permit at your wife’s place of residence, in accordance with section 26 of the Immigration Act, on condition that


Prompt: 54.  On 25 July 2002 the applicants and their relatives gathered in front of the military commander’s office in Argun. Mr M.Kh., the head of the FSB unit, assured the first applicant that he would bring Mr


Prompt: 16.  The applicants sent numerous applications to various State authorities, copies of which have been submitted to the Court. In particular, on 18 October 2002 the first applicant applied in writing to the Military Commander, the Urus-Martan District Prosecutor’s Office, the Federal Security Service (FSB) and the Urus-Martan police, requesting assistance in locating Mr


Prompt: 7.  On the night of 24 August 1975, Colm McCartney, the applicant's brother and Sean Farmer were driving home from the All-Ireland Gaelic football semi-finals in Croke Park, Dublin. Both men were found shot dead on the Cortamlet Road, Altnamachin, in South Armagh.


Prompt: 14.  On 15 December 2002 the investigating authorities sent requests to the Shali department of the Federal Security Service (FSB), the Shali District Military Commander, the military prosecutor of military unit no. 20116, the deputy commander of the UGA, the first deputy head of the Temporary United Alignment of Agencies and Units of the Ministry of the Interior [ВОГО и П МВД – временная объединенная группировка органов и подразделений МВД], and the commander of the interior troops of the Ministry of the Interior in the North-Caucasian Region so as to identify which units were involved in the special operation carried out in Mesker-Yurt on 15 November 2002. According to the replies received, none of those agencies had conducted a special operation in Mesker-Yurt on the date in question or had any information about Mr


Prompt: 7.  In a writ served on the tenant on 19 October 1989, M.S. informed the tenant that he intended to terminate the lease on expiry of the term on 31 December 1991 and asked her to vacate the premises by that date. He summoned the tenant to appear before


Prompt: 14.  From 13 February 2002 onwards the applicant repeatedly applied in person and in writing to various public bodies, including prosecutors at various levels, federal and regional departments of interior, administrative authorities of the Chechen Republic, the Special Envoy of the Russian President in the Chechen Republic for Rights and Freedoms and the Representative for Rights and Freedoms in Russia. She was supported in her efforts by Human Rights Watch (“HRW”) and the SRJI. In their letters to the authorities the applicant and the NGOs described in detail the circumstances of the detention of Magomed and


Prompt: 57.  On 26 April 1994 the Bismil Prosecutor questioned Mehmet Nuri Ay, the brother of Mehmet Ay. Mr Ay similarly confirmed that the Diyarbakır Court had ordered the release of his brother and Necati Aydın. He stated that he did not know how they had been killed and that he did not suspect anyone in particular. Mr Ay further stated that the third body, which had been found next to his brother and


Prompt: 9.  In all of the applications, the first-instance courts found for the applicants, the judgments were upheld on appeal and they became enforceable. Subsequently, at the defendants’ requests, the presidia of the relevant regional courts quashed the judgments by way of supervisory review. In the applications


Prompt: 19.  In the morning of 11 January 2000 the applicant, her sister and three other women went to the house at Derzhavina Street to pick up her uncle and to say good-bye to her parents. They found the gates closed and smoke coming out of the house. They received no reply to their calls, and forced the doors open. The cellar was burning and they were unable to access it. In the kitchen they found the applicant’s father’s body and the body of


Prompt: 55.  On 28 November 1999 the applicant's sister told the investigators that on 3 April 1999 she had visited her brother in prison and that on that day she had noticed marks from handcuffs and traces of beatings on his face. She also submitted that


Prompt: 17.  On 10 December 1998 Judith McGlinchey called her mother in tears, complaining that despite having been given an injection, she could not stop vomiting and was getting no other medical support to assist her to come off drugs. She said that she was having to clean up her own vomit and thought she was going to die. The Government stated that there was a lavatory in her cell which she would have been able to reach and that the practice was for nursing staff to clean up if vomit landed on the floor or any other area. The only member of staff involved in the care of


Prompt: 15.  On the same day, that is 12 May 2007, a prosecutor of the Yerevan prosecutor’s office took a statement from PDCI Officer G.T., who submitted that Levon Gulyan had been brought to his office at around 2.30 p.m. and he had had a talk with him for about thirty minutes about the circumstances of the murder. In order to report to the deputy head of the PDCI, H.T., the results of the talk, he had then left the office but had not wanted to leave


Prompt: 54.  At the trial hearings, each of the police officers concerned testified separately and was cross-examined by the applicants and their lawyers. In particular, police officer V.N. stated, inter alia, that when the public disturbance had started at Azadliq Square, some of the defendants, including the second and third applicants, had been inciting the crowd to violence and making such declarations as “


Prompt:
62.  On 9 July 2009 an official of the investigating unit requested his hierarchical superiors to extend the term of the investigation in case no. 59054. The request read, in so far as relevant, as follows:
“Between 12 and 19 February 2002 in the village of Starye Atagi of the Groznenskiy District unidentified military servicemen and officers of law-enforcement agencies [who were] using APCs, UAZ and Ural vehicles were carrying out special operations for the identification of members of illegal armed groups. At about 9.30 [a.m.] on 14 February 2002 a shoot out started between unidentified servicemen and unidentified insurgents. After the shooting, unidentified servicemen kidnapped


Prompt:
92.  On 15 April 2005 the bill of indictment was finalised and on 16 April 2005 approved by the Military Prosecutor of Armenia. Its relevant parts stated as follows:
“A number of hypotheses have been checked in the course of the investigation, which have been investigated in an objective manner. Thus, because of a watch found on [


Prompt: 67.  In 2006 the proceedings were resumed on 26 January, then suspended on 7 March, again resumed on 28 March and suspended on 28 April. During the active part of the investigation several relatives and neighbours of Mr


Prompt:
23.  On 31 May 2001 Captain S., a senior investigator with the military prosecutor’s office of the Caspian Fleet, issued a decision not to initiate criminal proceedings. The reasoning read as follows, in full:
“The inquiry established that the fact of abuse of power by


Prompt: 46.  On 12 April 2003 forensic medical expert M.B. was questioned. He confirmed that Suren Muradyan had already been ill with malaria when he sustained the old bruises in the area of the left side of the abdomen. He stated that the fact that


Prompt: 7.  The applicants are members of one family. The first applicant is the mother of Ms Kurbika Zinabdiyeva, who was born in 1968. The third, the fourth and the fifth applicants are sisters of Kurbika Zinabdiyeva. The second applicant is the mother of Ms


Prompt:
26.  On 31 October 2014 the Zagreb Municipal State Attorney’s Office rejected the applicant’s criminal complaint. It examined the materials related to the investigation into the incident of 9 June 2013 and the criminal proceedings against S.K. and I.M. (see paragraphs 10-22 above). The relevant part of the decision reads:
“In view of the above, it is established without any doubt that on the day in issue there was a physical conflict between S.K. and I.M. and Š.Š. whereby [S.K. and I.M.] caused bodily injury to and threatened Š.Š., and those offences were committed primarily because of hatred towards Roma.
However, the statements of the witnesses Š.Š. and


Prompt: 26.  On 9 March 2007, the Constitutional Court found that there had not been a violation of Article 8 of the Convention. It held that the request for a “letter of citizenship” was in accordance with law, namely Article 244(1) of the Civil Code according to which the Director of the Public Registry had to be satisfied that at least one of the parties to the marriage was a Maltese citizen. Although an identity card and a passport were prima facie evidence of nationality they were not conclusive, especially when citizenship had been obtained through registration (as in the case of the applicant) or naturalisation, both being subject to revocation according to section 14 of the Maltese Citizenship Act (see relevant domestic law). The Minister's deposition in respect of the recently issued circular was irrelevant, since responsibility for ascertaining the compliance with the requirements of Article 244(1) was for the Director of the Public Registry. Thus, the requirement of a letter of nationality was in accordance with the law, pursued a legitimate aim and was proportionate. However, the Constitutional Court noted that from the witness testimony at the hearing of 2 May 2006, it was clear that the applicant was a Maltese citizen; however, interdepartmental lethargy had meant that


Prompt: 41.  On 11 May 2012 the investigators questioned the mother of Mr Abubakar Tsechoyev, Ms R.Ts., who stated that she had learnt of the abduction from Mr I.G. and that her relatives had been detained and ill‑treated by State agents. Similarly to her sons, the applicant and Mr Is.Ts. (see paragraphs 36 and 40 above), she referred to the detention and torture of her son Mr


Prompt: 35.  The investigation attempted to question Ruslan Alikhadzhiyev's brother R., who did not live at home, but the applicant refused to indicate his whereabouts. In February 2004 an investigator from the Shali District Prosecutor's Office noted that “the relatives and friends of


Prompt: 121.  On 5 July 2008 the investigation questioned Mr M.Ch., an investigator at the ROVD. He stated that he was aware that on 23 November 2003 a group of about fifteen armed men in APCs had abducted Khamzat Merzhoyev from his house. After the resumption of the investigation in case no. 44090, the ROVD had taken a number of measures to establish


Prompt: 32.  On 1 November 2010 forensic medical experts examined the photographs. They considered that some of them could not be examined in view of their poor quality. From the remainder of the photographs, the experts discerned four wounds: a gunshot wound on the right side of the chest; a deep wound on the left shoulder joint, probably resulting from a blow by a blunt solid object; a surface wound on the left side of the chest (the experts ruled out the possibility of its being a gunshot wound); and a wound on the left side of the back, possibly caused by a hollow rectangular box-shaped object. In addition to the bruises documented in the official forensic report, the experts noted abrasions and bruises on the deceased’s chest. Lastly, they concluded that all the injuries visible in the photographs of


Prompt: 7.  The first and second applicants are the parents of Mr Magomed Dokuyev, born in 1977. The third applicant is the wife of Mr Magomed Dokuyev, with whom she had a son born in 2000. The fourth and the fifth applicants are sisters of Mr


Prompt:
39.  On 15 February 2008 a three-judge panel of the Zagreb County Court extended the applicant's detention on the ground under Article 102 § 1(4) of the Code of Criminal Procedure. The relevant part of the decision reads as follows:
“The indictment reveals a well-founded suspicion that the first to fifth ... defendants committed the criminal offences listed, which is a general statutory condition under Article 102 § 1 of the Code of Criminal Procedure for ordering detention.
... the second defendant


Prompt:
65.  As regards the events of 8 March 2005 Khadzhimuradov gave the following statement:
“Around one month after the departure of Shamil Basayev, on 8 March 2005, Maskhadov, Vakhid Murdashev and I were in the cellar.


Prompt:
90.  When the application was communicated to the respondent Government the Court requested it to submit a copy of the entire investigation file no. 34023. However, despite the specific request from the Court the Government refused to submit a copy of the entire investigation file in the criminal case, stating with reference to the information obtained from the Prosecutor General’s office that the investigation was in progress and that disclosure of the documents would be in violation of Article 161 of the Code of Criminal Procedure, since the file contained information of a military nature and personal data concerning the witnesses. The Government submitted only several documents, which included:
(a) a procedural decision dated 12 February 2003 to institute criminal proceedings in connection with


Prompt: 13.  Referring to Section 6 of the Media Act, the Regional Court found that the statement at issue fulfilled the elements of defamation (üble Nachrede) under Article 111 of the Criminal Code as it insinuated that Mr Stadler had remained inactive despite being aware of fraudulent transactions. Thus, it accused him of behaviour likely to lower him in public esteem. Although the incriminated passage purportedly cited statements of third persons, the applicant company remained responsible since it had failed to present these quotes neutrally without identifying itself with their content. The article’s style and choice of wording did not fulfil the requirements of a neutral presentation. In any case, the quote was not correct as Mr


Prompt: 11.  Notwithstanding the efforts of the United Nations Force in Cyprus (UNFICYP) and the United Nations Civil Police (UNCIVPOL), some demonstrators, including Solomos Solomou, entered the buffer zone.


Prompt: 19.  On the same day, the applicants were presented to an investigating judge at the police station in Brest, to determine whether or not their police custody should be extended. The reports submitted to the Grand Chamber by the Government show that certain applicants met one of the investigating judges (R. André) at 5.05 p.m. (Mr


Prompt: 15.  On 21 July 2005, precisely two weeks after the first bombings, four explosive devices were discovered in rucksacks left on three underground trains and on one bus. As it was feared that the failed bombers would regroup the following morning and attempt to detonate further explosions, the MPS immediately launched an operation to find them (Operation THESEUS 2). This operation was led, as Gold Commander, by Police Commander


Prompt:
32.  Since the facts of the case were disputed by the parties, the Court conducted an on-the-spot investigation with the assistance of the parties. In this respect, three Delegates from the Court took oral evidence between 25 and 27 June 2007 from twenty-two witnesses on the following issues:
(a)  the circumstances of the applicants' ill-treatment by the special forces of the Prison Department and operation of the special forces - the applicants, witnesses proposed by the applicants (Mr V. Didenko, Mr


Prompt: 62.  On 16 December 2002 Khas-Magomed Zhanalayev was questioned as a witness and stated that on 24 November 2002 Abu Zhanalayev had stepped out of his house and encountered armed men who had demanded to see his identity papers.


Prompt: 128.  On 8 June 2004 the investigation had questioned Mr M., Usman Mavluyev's brother. He gave a similar account of the events to that given by the tenth applicant on 16 and 18 April 2004. He added that


Prompt: 40.  On 1 and 6 February 2006 the investigators questioned the police officers M.B., B.G and A.Kh. They all stated that at about 5.30 p.m. on 25 January 2006 they and their colleague Kh.B. had been on duty at the police station at the airport roundabout when Officer Yu.E. had informed them that armed men in camouflage uniforms in two white and dark Niva cars had abducted a man from a white VAZ-2107 a few hundred metres from the station and had driven off, leaving the VAZ at the scene. Having reported the incident to their superiors, the witnesses had gone to the crime scene and had found documents in the VAZ-2107 in the name of Mr


Prompt:
46.  Subsequently, the applicants transmitted to the Court a medical certificate issued on 23 February 2009 by Dr M.-A., a paediatrician in Lausanne, which reads as follows:
“I, the undersigned, certify that I have seen the child


Prompt:
5.  The applicants are:
1) Ms Lyaylya Adiyevna Asadulayeva (also spelled as Leyla/Layla Adiyevna Asadulayevna), born in 1967;
2) Ms Aset Eslyudyevna Saitova, born in 1981, and
3) Ms Zinaida Adiyevna (also spelled as


Prompt: 16.  In their submissions the Government maintained that, following his arrest, the applicant was held at the accommodation centre for foreigners within the premises of the Aydın Security Headquarters (the “Didim Accommodation Centre”). Among the documents submitted by the Government, an arrest report lists the names of twenty-two foreigners arrested on 4 August 2008, among whom there is a certain


Prompt: 67.  According to the documents submitted by the Government, the investigation in the criminal case was suspended and resumed on several occasions, and has so far failed to identify those responsible for the abduction of


Prompt: 39.  In that context the trial court also rejected the applicant’s line of defence that he had not even been present in the operation in Kaunas, because he had already arrived at the KGB headquarters in Vilnius, where all the participants in that operation had gathered in its wake, in service uniform instead of plain clothes, and that he had therefore been excluded from taking part in that operation. The trial court pointed out that every action in a repressive organisation such as the KGB was painstakingly regulated and documented. Had the applicant in reality arrived in service uniform, this would have been evaluated as a gross breach of his duties and, without a doubt, would have been recorded in the KGB documents. On the contrary, after the operation the KGB placed even more confidence in him, and he was entrusted with the guard of


Prompt:
12.  Following his release, on 17 May 2013 the applicant was again arrested and charged under Articles 221.2.1 (hooliganism committed by a group of individuals) and 221.2.2 (hooliganism committed by resisting a public official) of the Criminal Code. The description of the charges consisted of a single sentence half a page long. The relevant part of the decision stated:
“...


Prompt:
58.  In his second petition dated 26 October 1999, addressed to the Diyarbakır public prosecutor, the applicant repeated his allegation concerning his son’s abduction. The applicant further stated that two plain-clothes police officers had gone to his son’s house two days after the abduction and that, on the same day, a plain-clothes police officer had gone to his house, searching for his son. The applicant contended that he had been unable to obtain information about his son from the Diyarbakır Security Directorate. He requested the public prosecutor’s office to ascertain his son’s whereabouts.
(b)  Letter dated 2 November 1999 from the head of the Organisation for Human Rights and Solidarity for Oppressed People (Mazlum-Der), Mr


Prompt:
19.  On 29 July 2002 the investigators requested the Ivanovo Region prosecutor’s office to question the commanding officer of the police unit which had been manning the checkpoint and other police officers who had witnessed the abduction. The relevant parts of the request read as follows:
“... The preliminary investigation established the following:
On 23 March 2002 at about 8.30 a.m. at the checkpoint [manned by] the composite police unit of the UVD [department of the interior] of the Ivanovo Region ... stopped a Niva car driven by [Mr


Prompt: 8.  On 30 July 1998 the second applicant and his surviving daughter Serap Karabulut made statements to a prosecutor. The second applicant maintained that his two daughters had been trying to flag down a car in order to go to a hospital in Sivas where they had had operations previously. When no cars stopped, the girls had decided to walk to their uncle's house but then the soldiers arrived and told the two girls to stop.


Prompt: 7.  According to the applicants, the police immediately handcuffed them and took them to the Prokuplje Police Station where they were beaten up. However, according to the official reports on the use of force prepared by three duty officers, the applicants were drunk and violent from the arrival of the police at the scene of the accident. As they tried to flee the scene and, moreover, attacked the officer who tried to stop them, the police decided to arrest them. At the police station, the applicants continued to behave violently. In order to subdue the applicants, the three duty officers hit them a couple of times with truncheons and then handcuffed them. In the process, as they resisted being handcuffed, Mr