Prompt: 104.  There have been relatively few applications to the Court under Article 18 in conjunction with Article 5 (for a summary of the Court’s case‑law see the recent judgment in Merabishvili v. Georgia [GC], no. 72508/13, §§ 264-282, 28 November 2017). To date there have been nine cases where the Court has found such a violation, including in the first Mammadov judgment. The first was Gusinskiy v. Russia, no. 70276/01, ECHR 2004‑IV. After that, Cebotari v. Moldova, no. 35615/06, 13 November 2007; then two cases against Ukraine: Lutsenko v. Ukraine, no. 6492/11, 3 July 2012, and Tymoshenko v. Ukraine, no. 49872/11, 30 April 2013. Those were followed by


Prompt:
38.  On 19 March 2010 the supervising prosecutor from the Investigations Department at the Dagestan Prosecutor’s Office overruled the decision to suspend the investigation as unlawful and unsubstantiated, and ordered that the proceedings be resumed. The decision criticised the investigators’ failure to take basic steps and pointed out the following:
“...from the witness statements... it follows that the abduction took place in the presence of numerous witnesses, next to the taxi stand. However, the investigators failed to identify and question all eye-witnesses to the abduction;
- from the case file it transpires that the abduction was recorded on a mobile phone. However, the investigators failed to take any steps to obtain this evidence and analyse it. They also failed to establish either


Prompt: 78.  On 28 October 2002 the Russian Procurator-General's Office again sent the Georgian authorities the judicial investigation orders in respect of Mr Gelogayev (named as Mirjoyev), Mr Khashiev and Mr


Prompt: 23.  Referring to section 4 of the Immigration Act 1988 (pursuant to which the Act ought to be applied consistently with Norway’s international legal obligations aimed at strengthening the foreigner’s position) and to section 4 of the Human Rights Act, which incorporated the Convention into Norwegian domestic law, the Board found that the first applicant’s expulsion would not be incompatible with Article 8 of the Convention or the United Nations Convention on the Rights of the Child. In this connection the Board had regard to the Court’s case-law, notably Amrollahi v. Denmark, no. 56811/00, § 35, 11 July 2002; Boultif v. Switzerland, no. 54273/00, § 48, ECHR 2001‑IX; Dalia v. France, 19 February 1998, § 54, Reports of Judgments and Decisions 1998‑I; Jakupovic v. Austria, no. 36757/97, § 31, 6 February 2003). The Board considered in detail the first applicant’s arguments based on


Prompt: 56.  The decisions to have the investigation resumed noted, among other things, that the district prosecutor’s office had suspended it without carrying out a number of crucial investigative measures, such as verifying whether officers from the Groznenskiy ROVD/VOVD had been involved in the unlawful arrest of


Prompt:
14.  On 14 May 1997 Mr and Mrs Aubrac brought a private prosecution by direct summons in the Seventeenth Division of the Paris tribunal de grande instance. The summons contained fifty extracts from the book (eighteen from Barbie’s written submissions and thirty-two from the first applicant’s own text). The three applicants were summoned in their capacities as author, accomplice and a party liable for defamation under the civil law. Mr and Mrs Aubrac relied on section 31 of the Freedom of Press Act of 29 July 1881 and the Court of Cassation’s judgment of 4 October 1989 in Pierre de Bénouville. The relevant parts of the summons read as follows:
“When ...


Prompt: 5. Mr Leonid Ivanovych Andrusenko was born in 1953 and currently resides in the village of Konstiantynivka, Donetsk region, Ukraine. Mr Valeriy Volodymyrovych Bondarenko was born in 1956 and currently resides in the town of Krasnogorivka, Donetsk region, Ukraine. Mr


Prompt: 16.  In the meantime the investigators requested various law-enforcement authorities, including the FSB, and detention facilities to provide them with information about the possible arrest and detention of Mr


Prompt: 27.  In a letter of 15 June 2004 to the Prosecutor General of Romania, the CLR requested an update on the state of proceedings following the criminal complaint it had lodged with that institution on 23 February 2004 in relation to the circumstances leading up to


Prompt: 139.  The Government cited testimony given by another neighbour, Ms A.M., on an unspecified date. On the night of 12 May 2002 she had been woken up by the noise coming from neighbouring houses. She had seen some fifteen or sixteen masked armed men in camouflage uniforms enter the seventh applicant's backyard, burst all the light bulbs there and break down the front door of the house. Some five or seven minutes later, the intruders had taken


Prompt: 23.  On 4 August 2003 the first applicant wrote to the prosecutor’s office of the Chechen Republic alleging that her son had been apprehended by servicemen of law enforcement agencies. In support of her allegations she submitted that


Prompt: 23.  On 16 May 2003 the Military Prosecutor of military unit no. 20102 informed the first applicant that his letter had been examined and found not to contain any evidence of the involvement of military servicemen in the abduction of Mr


Prompt: 46.  At about 12.30 a.m. on 14 July 2003 Mr Rustam Muradov, his colleague Mr V.S. and Mr B.G.’s family members, including his son Mr R.G., were at the site, when a group of ten to fifteen armed service personnel in camouflage uniforms and balaclavas arrived in a GAZelle minivan and a VAZ vehicle. Speaking unaccented Russian, the service personnel broke into Mr B.G.’s home, handcuffed and blindfolded Mr


Prompt: 54.  Abda Sharif held a further meeting with President Aref on 18 August 2008 and presented him with the letter from the British embassy, outlining the United Kingdom’s opposition to the imposition of the death penalty. The letter was signed by the British ambassador,


Prompt: 139.  From the documents submitted it appears that on a number of occasions the applicants complained to various State authorities about their relatives’ abduction and requested assistance in their search. For instance, in August 2004, March 2008 and June and September 2009 they forwarded complaints to various law-enforcement agencies, alleging that Rizvan and


Prompt: 100.  In October 2005 the Government submitted copies of several documents from criminal case file no. 36125, opened in November 2004 by the Shali District Prosecutor's Office. The file was opened on the basis of unspecified documents from the Main Military Prosecutor's Office concerning the disappearance of


Prompt: 20.  On 6 September 2002 an investigator of the ROVD questioned Mr T. who stated that on 25 October 2000 he had been arrested in the course of a special sweeping operation. When at the operation control centre, he had seen a number of people with their heads covered with shirts. He had heard and recognised


Prompt:
58.  The finding that Zeki Aslan had tenderness in his left shoulder could have resulted from the “hanging by the arms”, mentioned in the petition. In the absence of a sufficient examination, it was considered that the findings in the medical report corresponded to the allegations of ill-treatment.
l)


Prompt: 10.  The first applicant managed to go onto the porch. In the yard she saw around twenty-five to thirty servicemen who were accompanied by a sniffer dog. At the gates the applicant saw Aslanbek Tasatayev standing with his hands up against the wall. Meanwhile the officers took


Prompt: 40.  On 3 August 2001 a letter from the gendarmerie headquarters in Ankara was sent to the Ministry of Interior Affaires. The letter was a reply to an inquiry made by the Ministry of Foreign Affaires following the communication of the applicant's case by the Court to the respondent Government. It was stated in the letter that on 7 October 1996, following an armed clash between terrorists and the security forces, terrorists fled to Bayırlı village and killed the applicant's wife by firing at random with rockets and long-barrel guns in the middle of the village. Moreover, it was incorrect that a senior lieutenant had examined the corpse of the applicant's wife and drafted a report which concluded that she had died due to a shrapnel wound caused by an artillery shell fired by soldiers. Such a report did not exist. It was apparent from the witness statements and from the incident report that the perpetrators of the incident were members of the PKK. It was also stated in the letter that the Lice Gendarmerie Command submitted the document concerning the death of


Prompt: 24.  During the investigation the authorities identified two military servicemen who had taken part in the apprehension of the applicant’s relatives. They were T. and M., both from Yekaterinburg and on mission in Chechnya. Those two servicemen were called for questioning to the Grozny Prosecutor’s Office on 31 June 2001. The applicant submitted copies of summonses. She alleged that in the case file she had seen a transcript of interviews with T. and M. in which they had admitted that they had illegally arrested


Prompt: 76.  On 16 January 2006 the applicant lodged a claim with the District Court seeking to establish the paternity of Magomed Edilov in respect of her daughter, born on 13 June 2002. The claim was granted and on 3 April 2006 the Achkhoy-Martan district civil registration office issued a certificate stating that


Prompt:
16.  The applicant underlined the following passages from UNFICYP's press release on the events surrounding the demonstration of 14 August 1996:
“By 14.20 hours, some 200 Greek Cypriots were inside the UN buffer zone, but UNFICYP was in control of the situation. The demonstrators were being rounded up and moved out of the UN buffer zone. The main group of Greek Cypriots were no closer than about 30 metres from the Turkish forces ceasefire line. ...
At about that time, a Greek-Cypriot male, later identified as


Prompt: 9.  On the morning of 15 May 2002 Mr Magomed-Emin Mezhidov was at home with the first and second applicants. Another relative, Mr M., and a neighbour, were also present. At around 10 a.m. two armoured personnel carriers (“APCs”) arrived at the applicants’ house located in the centre of the village. A group of about twenty armed and masked servicemen in camouflage uniforms broke into the courtyard and threatened all those present with firearms. Having checked the identity documents, the servicemen forced Mr


Prompt: 68.  On 5 December 2000 the Deputy Minister of the Interior and the Head of the City Department of the Interior reviewed Mr Makarchykov's complaints and found them unsubstantiated. They further stated that criminal proceedings against Mr


Prompt: 15.  That evening the prison governor conducted an inquest. He examined six documents: (i) the order to place Viktor Trubnikov in the punishment cell, (ii) the disciplinary offence report, (iii) the report drawn up on finding


Prompt: 27.  The State Court held that the applicant had not succeeded in calling into question or refuting the open evidence submitted by the National Security Agency. Rather, he had used abstract and general statements in an effort to downplay the importance of the information provided therein. Furthermore, the applicant had submitted certain documents (written statements, letters and so on) for the first time at the hearing of 23 May 2014, even though it was apparent that he had had them before. Having assessed the reasons given by the Aliens Service and the Ministry of Security, the content of the classified and open evidence, and the applicant’s arguments, the court concluded that there still existed reasonable doubt as to whether or not the applicant posed a threat to national security and that the imposition of a less strict preventive measure was not justified, given the particular circumstances of the case. The State Court concluded that there had been no violation of Article 5 § 1 of the Convention. The court furthermore held that, contrary to the applicant’s arguments that he feared criminal prosecution in Syria, it was evident from the case file that his family was very influential and close to


Prompt: 31.  The applicant lodged an appeal against the judgment of 19 September 2006, which was dismissed by the Tbilisi Regional Court on 6 March 2007. Referring to paragraphs 39 and 45 of the Court’s judgment in the case of


Prompt: 22.  The applicant appended to her complaint a sketch map of the district with indications of places where the bodies of her relatives had been discovered and colour photographs of her brother's body taken by


Prompt: 79.  Also on 9 July 2004 the investigator of the Main Military Prosecutor's Office withdrew the applicant's victim status in case no. 29/00/0015-03. The order stated that the investigation had established that on 2 June 2002 military servicemen, acting in accordance with section 13 of the Suppression of Terrorism Act, had carried out an operative-combat action (оперативно-боевое мероприятие) and detained


Prompt: 51.  On 18 November 2005 the district prosecutor’s office quashed the decision of 23 December 2003 and resumed the proceedings. They stated that it was necessary to carry out a number of investigative measures, for instance, to order that law enforcement agencies take steps to identify the perpetrators, to collect recommendations concerning


Prompt:
19.  By a judgment no. 1352/96 the Bologna Magistrate (pretore) (in his function of Labour judge) rejected the applicants’ claims.
The applicants appealed. Pending these proceedings Mr Arnaldo Capelli and Mr


Prompt: 7.  On the same day the mass media reported that an organisation called “The Revolutionary Military Council” («Революционный Военный Совет» – hereafter “the RMC”) had claimed responsibility for the destruction of the monument. In the morning of 6 July 1997 newspapers published a statement by the RMC, which claimed that its members were planning to perform “a conditional destruction” of the statue of another Russian Tsar,


Prompt: 17.  UNFICYP officer Sergeant Lorraine Stack, who had been helping out another Greek-Cypriot demonstrator a few metres away, went to Officer Flood’s assistance. The two UNFICYP officers then dragged Anastasios Isaak’s body to the area controlled by the Cypriot Government. Greek-Cypriot demonstrators then took the body and put it in a car. The car was driven towards the guard room of the National Guard and


Prompt: 197.  At about 2 a.m. on 10 March 2003 a large group of 120 to 130 armed servicemen in camouflage uniforms arrived at the applicants’ house in an APC, Ural lorries and UAZ-452 vehicles. A group of ten servicemen broke into the house and searched the premises. They spoke unaccented Russian and were of Slavic appearance; some of them were equipped with portable radio devices. The servicemen forced the Dishnayev brothers and Mr


Prompt: 33.  No medical aid was provided to the applicant in respect of his heart and teeth problems. On 3 June 2006 the applicant asked the SIZO governor to conduct a medical examination as he believed he had contracted hepatitis B because of the failure of the SIZO staff to respect hygiene rules. This request was rejected; so was another request for a special diet in view of his possible hepatitis infection. On 2 November 2006 the applicant asked


Prompt:
47.  On 29 March 2015 Mr Bagirov sent a letter to the Head of the Prison Service of the Ministry of Justice asking for a meeting with six of his clients who were held in detention, including the applicant. He specified in his letter that he was representing those individuals before the Court, and requested a meeting with them in connection with their pending cases. The relevant part of the letter reads:
“I am writing to inform you that I represent the following individuals, who are detained in the penal facilities and temporary detention centres under your authority, before the European Court of Human Rights.
I ask you to allow a meeting with these individuals in connection with the progress of their cases based on their applications lodged with the European Court (the numbers of which are stated below):
... 6.


Prompt: 20.  The report stated that in connection with an ongoing investigation, a search was conducted in a house on 22 November 1993. The officers were looking for Hanefi İkincisoy[5] however they were informed that


Prompt: 42.  On the same date, 2 October 2003, the investigators granted the applicant victim status in the criminal case and questioned her. She stated that at about 3 p.m. on 15 August 2003 Ms R.M. had arrived at her house and told her that their sons,


Prompt: 32.  On 27 May 1996 the Eyüp Magistrate’s Court rejected Cemal Ağdaş’s complaint of 23 May 1996 on the grounds that the administrative and judicial authorities had already initiated an investigation into the matter. On 3 June 1996


Prompt: 71.  This applicant was in charge of the soldiers who were defending Lapithos. After the Turkish forces encircled Lapithos, the Greek Cypriot forces were ordered to retreat. The applicant’s group put on civilian clothing and unsuccessfully tried to break out of the village. When the Turkish forces entered the village the next morning, the applicant’s group dispersed to avoid capture. At about 9 p.m. on 6 August 1974, the applicant was seen by


Prompt: 49.  The Supreme Court found that the investigating bodies and the court that tried the case at first instance had not sought to establish why Mr David Assanidze had waited for so long before implicating the applicant and had not done so at his own trial. Instead, they had merely affirmed: “Relations between Mr


Prompt: 27.  On 30 March 2004 the investigators questioned Mr M.S., who had been the head of the Argun department of the Federal Security Service (FSB) at the time of the abduction. The officer denied having any pertinent information concerning the disappearance of Mr


Prompt: 67.  Referring to the information provided by the Prosecutor General’s office, the Government submitted that the applicant’s first complaint that his son had been abducted had been received by the district prosecutor’s office on 11 February 2003, that the criminal case in this respect had been instituted on 12 February 2003 under Article 126 § 2 of the Criminal Code (aggravated kidnapping) and that it had been assigned number 34023. In connection with the discovery on 12 February 2003 of fragments of a human body which, according to the relatives, was that of


Prompt: 39.  On 31 January 2007 the investigators interviewed L.Ts. as a witness. She submitted that she held the post of the senior inspector with the information department of the Ministry of the Interior of the Chechen Republic and that on an unspecified date in April 2006 she had gone, together with members of a film crew, to the Department for the Fight against Organised Crime (“UBOP”) of the Chechen Republic. While the crew had been filming, an UBOP officer had been questioning a group of detained persons, one of whom had been


Prompt:
21.  The Supreme Court separated the applicants’ appeal on points of law into one appeal against the judgment on the merits and another against the decision on costs and expenses. On 17 November 2010 it declared both of them inadmissible on the ground of lack of locus standi. The relevant part of the decisions reads:
“Under section 91(a) § 1 of the Civil Procedure Act ... a party to the proceedings may lodge an appeal on points of law only through a representative who is a lawyer. Under Article 91(a) § 2 of the Code of Civil Procedure, as an exception to § 1 ... a party may lodge an appeal on points of law himself only if he has passed the Bar exam, or through a representative ... who is not a practising lawyer, if that representative has passed the Bar exam. Under Article 91(a) § 3 of the Code of Civil Procedure the party, or his representative under § 1 of this Article, are obliged to submit an original or a copy of the Bar exam certificate ...
In the case in issue the first plaintiff,


Prompt: 48.  Kh.S., interviewed as a witness on 7 November 2001, stated that on the evening of 6 November 2001 Aset Yakhyayeva and Milana Betilgiriyeva had stayed at his house with his daughters. At about 6.30 a.m. on 7 November 2001 Kh.S.’s daughter had told him that five armed masked men had burst into their house and had abducted


Prompt: 7.  At about 8 a.m. on 8 September 2009 Sirazhudin Shafiyev took his children to their kindergarten and was driving back home in his VAZ-Priora car with registration number E417- ОУ when his vehicle was blocked by a red-coloured VAZ-2107 and a silver-coloured VAZ-21014, both of which did not have official registration numbers. A group of masked men in camouflage uniforms got out of the vehicles, dragged


Prompt: 30.  In the KGB decision of 13 October 1956 on the detention of “Vanagas” it was, inter alia, stated that by nationality he was Lithuanian, and he also belonged to “Lithuanian bourgeois nationalists”. The decision underlined the specific, active and leading role of


Prompt: 10.  On 17 October 1994 an autopsy was carried out on Bayram Duran’s body. In the autopsy report drafted on 14 December 1994 and signed by four doctors from the hospital at the Cerrahpaşa University, the cause of death was identified as cardiac failure. The forensic experts found a haemorrhage of 3 x 8 cm in the left scapular region. They nevertheless considered that the haemorrhage had not directly caused


Prompt: 21.  On 24 July 1993, the gendarmes drew up an incident report and a location sketch map. The statements of the villagers were taken by the gendarmerie. Zeki Matyar, father of the murdered child, stated that he had been hit on the head by


Prompt: 38.  Mr N.’s mother stated to the investigator that in the hospital her half-conscious son had mumbled incoherently about “cops” hitting him on the head. When she came to visit him two days later, she stumbled upon two men in civilian clothing by her son’s bed, one of them was shaking her son and asking him whether he had remembered the “cops” who had beaten him. She loudly protested and they all went out into the corridor where the men produced their badges and introduced themselves as the police officers from the Sokolinaya Gora police station, Mr Drozhzhin and Mr


Prompt: 53.  On 27 January 2004 the first applicant was granted victim status in case no. 59054 and questioned. He stated that on 14 February 2002 the armed clash between the federal troops and insurgents had commenced in his village. The servicemen had taken away his sons and their cousin,


Prompt: 83.  Hacire Ceylan stated in her testimony given on 17 May 1995 that on the day in question she had been grazing her animals outside her village when soldiers had told her that they were carrying out an operation and asked her to return to her house. She had complied with this request. She had not seen soldiers beating up


Prompt: 47.  On numerous occasions between 2002 and 2006, in particular on 17 March 2003 and 13 March 2006, the applicants complained to various law-enforcement authorities about the abduction and requested assistance in their search for Mr


Prompt: 108.  Furthermore, the second applicant alleged that a number of D-n.’s statements had been false. In particular, Mr Shchiborshch could not have thrown an iron at him, because the iron had been tied to the balcony door. When D-n. entered the kitchen, he could not have seen its floor covered in blood. Although the regular squad had hit Mr


Prompt: 57.  On 19, 25, 26 and 31 August 2004 the Senior Assistant to the Gegharkunik Regional Prosecutor, Y.I. (hereby Senior Assistant Y.I.), took statements from the following law enforcement officers in connection with the allegations of ill-treatment:


Prompt: 8.  On 30 April 2013 the applicant submitted – under section 90 of Parliamentary Resolution no. 46/1994. (IX.30.) OGY (“the Rules of Parliament”) – an interpellation to the Speaker. It was addressed to


Prompt:
49.  On 19 October 2014 the UNHCR Representation in the Russian Federation (“the UNHCR”) submitted a memorandum on the applicant’s case to the Moscow City Court for consideration. It was noted that torture was a widespread method of coercion used by the Uzbek authorities to obtain self‑incriminating statements from those suspected of involvement in “religious extremism”. The statement read, in particular:
“As follows from the document of the Call for Urgent Action published by Amnesty International on 6 November 2014, after the forced return to Uzbekistan, Mr


Prompt:
32.  On 21 August 2013 the Ombudsman replied [in English] as follows:
“In your complaint you request Ombudsman’s assistance in obtaining order for your release as well as assistance with contacting your family in Syria.
In the process of examining your complaint I have contacted the centre for detained foreigners and asylum seekers ‘Daugavpils’ (hereinafter – the Centre). According to information provided by the Centre, your application for asylum is currently under examination in the Office of Citizenship and Migration Affairs. The expected date of decision is 4 October 2013.
According to the decision of Daugavpils (City) Court from 8 July 2013, as well as Latgale Regional Court you are currently detained on the basis of [section 9(1)(2)] of the Asylum Law. The next periodical review of your detention is due before 6 September 2013. [Section 9(1)(2)] of the Asylum Law states that ‘the State Border Guard [Service] has the right to detain an asylum seeker for a period up to seven days and nights if there are reasons to believe that the asylum seeker is attempting to use the asylum procedure in bad faith.’
The decision of Daugavpils (City) Court is based on the fact that you have crossed the Latvian border under the name of


Prompt: 85.  On 27 June 2008 the investigators questioned the current head of the Goyty village administration, Mr A.D., who stated that in 2003 unidentified armed men had abducted Murad Khachukayev, and that some time later human remains had been found and the applicant and his relatives had identified them as belonging to


Prompt: 33.  T.M. (a member of the Board who only read the script) had no doubt that it would have been better had they watched the theatrical production. He, however, explained that there were instances, such as the one in the present case, where the script was so objectionable, that he did not feel the need to watch it, since the two elements which he objected to (the words concerning Auschwitz and the passage about Fred and


Prompt:
35.  She had prevailed on her boyfriend to get off the scooter when the youth had said: “Get off, get off, or I will shoot” (“Ga eraf, ga eraf, anders ga ik schieten”). Mr Hoeseni had then run off to get help, whilst the youth bump-started the scooter and made off with it. Mr Hoeseni had returned with two police officers and the three of them had set off in pursuit of the youth on the scooter. Ms Bhondoe had joined them for a while but had been called back by her brother. Together they had run in the direction taken by the police officers. Arriving at the Huigenbos building, they had seen a large number of cars. Mr Hoeseni had told them that the youth had been caught and that the police had shot him.
(c)  Mr


Prompt: 19.  During the night of 15-16 September 2004 M.F., who lived at 12 Pervogo Maya Street, was woken up by the noise of vehicles. When she looked outside the window, she saw an APC, a white Gazel vehicle, a light‑coloured UAZ vehicle and a large group of armed masked men going towards the applicants' house. The vehicles had no licence plates. A group of servicemen secured the perimeter of the house. M.F. went home to get dressed but when she got outside, the APC was already driving back and the servicemen sitting on it pointed their guns at her. Once the APC had moved away, M.F. went to the applicants' house and was told about the abduction of


Prompt: 171.  Appended to this letter were, inter alia, Meliha Dal's petitions of 16 and 18 February 2000 (see paragraph 166 above), a statement dated 23 March 2000 in which Meliha Dal had declared that she had seen her missing brother on television on 3 February 2000, the applicant's petition of 24 March 2000 (see paragraph 167 above),


Prompt: 5.  The first applicant, Mr Hans Walter Schädler, was born in 1945, Mr Tobias Johann Schädler was born in 1983, Mr Helmut Julius Beck in 1964, Mr Edmund Eugen Gassner in 1947, Mr Herbert Victor Beck in 1953, Mr


Prompt: 24.  On 22 August 2006 officer F. of the special police unit was questioned. He stated that for technical reasons he had been unable to get into the same police car as officers B., D-n., Kh. and S. and had arrived later in his own car. He observed most of the operation while standing behind the police officers who had arrived earlier. His account of the events was consistent with those of the other police officers. He also added that the first applicant had told him that recently Mr


Prompt:
15.  On 30 September 2004 the local newspaper “Газета Юга” (Gazeta Yuga) in its issue no. 40 (553) published an official statement by the Ministry of the Interior of Kabardino-Balkaria, stating that as a result of the special operation a resident of Khasanya had been arrested, along with two residents of Nalchik. According to the applicants, nobody from Khasanya except their son had been arrested during the special operation.
(c)


Prompt: 59.  The witness is a resident of Havuzlu village in Ovacık. He stated that he was familiar with the Özkanlı family and the incidents which had occurred in Gözeler as his village had previously been connected to Gözeler. He explained that the inhabitants of Gözeler, including


Prompt:
34.  On 23 November 2009 the head of the investigations department ordered that the investigation was resumed and a number of steps were taken. In particular, his written instructions contained the following orders:
“... 3.  To question the applicant and find out the reasons why in his complaint of the abduction of 18 May 2009 to the Achkhoy-Martan district prosecutor’s office he stated that


Prompt: 109. On 3 July 2008 the investigators questioned district police officer Mr Kh.Z., who stated that at about 5 a.m. on 5 November 2004 the first applicant had arrived at his house and informed him of her son’s abduction. She had provided a detailed description of the abductors and their vehicles and also stated that a fortnight prior to the events, Mr


Prompt:
17.  Leave to appeal to the House of Lords was granted, and on 5 May 2005 the House of Lords unanimously dismissed the applicant’s appeal ([2005] UKHL 31).
Lord Nicholls of Birkenhead summarised the applicant’s prognosis as follows:
“... In August 1998 [the applicant] developed a second Aids-defining illness, Kaposi’s sarcoma. The CD4 cell count of a normal healthy person is over 500. Hers was down to 10.
As a result of modern drugs and skilled medical treatment over a lengthy period, including a prolonged course of systematic chemotherapy, the [applicant] is now much better. Her CD4 count has risen [from 10] to 414. Her condition is stable. Her doctors say that if she continues to have access to the drugs and medical facilities available in the United Kingdom she should remain well for ‘decades’. But without these drugs and facilities the prognosis is ‘appalling’: she will suffer ill health, discomfort, pain and death within a year or two. This is because the highly active antiretroviral medication she is currently receiving does not cure her disease. It does not restore her to her pre-disease state. The medication replicates the functions of her compromised immune system and protects her from the consequences of her immune deficiency while, and only while, she continues to receive it.
The cruel reality is that if the [applicant] returns to Uganda her ability to obtain the necessary medication is problematic. So if she returns to Uganda and cannot obtain the medical assistance she needs to keep her illness under control, her position will be similar to having a life-support machine turned off.”
Lord Hope of Craighead, with whom Lord Nicholls, Lord Brown of Eaton-under-Heywood and Lord Walker of Gestingthorpe agreed, referred in detail to the Court’s case-law (see paragraphs 32-41 below), and held as follows:
“... that Strasbourg has adhered throughout to two basic principles. On the one hand, the fundamental nature of the Article 3 guarantees applies irrespective of the reprehensible conduct of the applicant. ... On the other hand, aliens who are subject to expulsion cannot claim any entitlement to remain in the territory of a Contracting State in order to continue to benefit from medical, social or other forms of assistance provided by the expelling State. For an exception to be made where expulsion is resisted on medical grounds the circumstances must be exceptional ... The question on which the Court has to concentrate is whether the present state of the applicant’s health is such that, on humanitarian grounds, he ought not to be expelled unless it can [be] shown that the medical and social facilities that he so obviously needs are actually available to him in the receiving State. The only cases where this test has been found to be satisfied are D. v. the United Kingdom ... and B.B. v. France ... [T]he Strasbourg Court has been at pains in its decisions to avoid any further extension of the exceptional category of case which D. v. the United Kingdom represents.
It may be that the Court has not really faced up to the consequences of developments in medical techniques since the cases of D. v. the United Kingdom and B.B. v. France were decided. The position today is that HIV infections can be controlled effectively and indefinitely by the administration of retroviral drugs. In almost all cases where this treatment is being delivered successfully it will be found that at present the patient is in good health. But in almost all these cases stopping the treatment will lead in a very short time to a revival of all the symptoms from which the patient was originally suffering and to an early death. The antiretroviral treatment can be likened to a life‑support machine. Although the effects of terminating the treatment are not so immediate, in the longer term they are just as fatal. It appears to be somewhat disingenuous for the Court to concentrate on the applicant’s state of health which, on a true analysis, is due entirely to the treatment whose continuation is so much at risk.
But it cannot be said that the Court is unaware of the advances of medical science in this field. All the recent cases since S.C.C. v. Sweden have demonstrated this feature. The fact that the Court appears to have been unmoved by them is due, I think, to its adherence to the principle that aliens who are subject to expulsion cannot claim any entitlement to remain in the territory of a Contracting State in order to continue to benefit from medical, social or other forms of assistance provided by the expelling State. The way this principle was referred to and then applied in Amegnigan v. the Netherlands ... is, in my opinion, highly significant. What the Court is in effect saying it that the fact that the treatment may be beyond the reach of the applicant in the receiving State is not to be treated as an exceptional circumstance. It might be different if it could be said that it was not available there at all and that the applicant was exposed to an inevitable risk due to its complete absence. But that is increasingly unlikely to be the case in view of the amount of medical aid that is now reaching countries in the Third World, especially those in sub-Saharan Africa. For the circumstances to be, as it was put in Amegnigan v. the Netherlands, ‘very exceptional’ it would need to be shown that the applicant’s medical condition had reached such a critical stage that there were compelling humanitarian grounds for not removing him to a place which lacked the medical and social services which he would need to prevent acute suffering while he is dying.
... So long as [the applicant] continues to take the treatment she will remain healthy and she will have several decades of good health to look forward to. Her present condition cannot be said to be critical. She is fit to travel, and will remain fit if and so long as she can obtain the treatment that she needs when she returns to Uganda. The evidence is that the treatment that she needs is available there, albeit at considerable cost. She also still has relatives there, although her position is that none of them would be willing and able to accommodate and take care of her. In my opinion her case falls into the same category as S.C.C. v. Sweden,


Prompt: 64.  On 12 August 2004 the UGA prosecutor’s office set aside the decision of 21 December 2001 as premature and unfounded. The UGA prosecutor’s office’s decision stated, among other things, that there were numerous contradictions in the statements of the servicemen which remained unexplained. The investigation had failed to establish which of the servicemen had caused


Prompt: 125.  Also on 23 November 1995 Harun Aca, in his capacity as a person suspected of an offence, made a similar statement to the Bismil public prosecutor. In addition, Harun Aca declared that he had a document proving that he had participated in an operation conducted in the Kelmehmet mountains near Mardin between 19 July and 6 September 1994, and submitted, inter alia, a letter of commendation from the command of the Mardin gendarmerie commando battalion at Kızıltepe certifying that he had participated in an operation conducted between 19 July and 20 August 1994 in the Şırnak and Mount Cudi area. He again denied that he had provided any information to Captain İzzet or NCO Ahmet and maintained that he knew nothing about the disappearance of


Prompt:
34.  The statistical reports prepared by the government, in particular the Ministry for the Treasury (Ministerstwo Skarbu Państwa) and the Ministry for Infrastructure (Ministerstwo Infrastruktury), have to date not addressed the question of how many of the Bug River claimants have ever obtained any compensation and, if so, whether it was full or partial, and how many of them have not yet received anything at all.
The idea of keeping a register of Bug River claims emerged in the course of the preparation of the Government Bill, and such a register is to be kept in the future. Nevertheless, the need to collect the relevant data had already been perceived by


Prompt: 31.  In support of his claim to ownership, applicant no. 9 produced copies of the original title deeds and/or of “affirmations of ownership of Turkish-occupied immovable property” issued by the Republic of Cyprus. He indicated that the house described in paragraph 30 above was the house where he and his family were living at the time of the Turkish invasion. In a letter of 15 June 2004 the applicants' representative informed the Court that applicant no. 9 had died and that Mrs


Prompt:
38.  On 27 January 2011, following an appeal by the second applicant, the Paris Court of Appeal upheld the judgment of 9 February 2010 giving the following reasons:
“... While the principle of the inalienability of civil status precludes the law from recognising a change wilfully sought by an individual, it does not imply that civil status cannot be changed.
Where a genuine gender identity disorder that is medically recognised and untreatable has been diagnosed following a rigorous assessment, and the transgender person has undergone irreversible physical changes for therapeutic purposes, it is appropriate to consider that, although the person’s new gender status is imperfect in that the chromosomal make-up is unchanged, he or she is closer, in terms of physical appearance, mindset and social integration, to the preferred gender than to the gender assigned at birth. In these circumstances, and since under Article 57 of the Civil Code the birth certificate must mention the sex of the individual concerned, the principle of change should be accepted.
In the present case


Prompt: 48.  According to the Government, the investigation has neither established the whereabouts of Abdul Kasumov nor found his corpse. The investigators found no evidence to support the involvement of military servicemen or representatives of law-enforcement agencies in the abduction. The law-enforcement authorities of Chechnya had never arrested or detained


Prompt:
28.  The general meeting drafted the following motion, which was adopted unanimously:
“The general meeting of judges of the Paris tribunal de grande instance held on 4 July 2000, without disputing the authority conferred on


Prompt: 12.  In his letter of 4 August 2006 the Chief Mufti of Russia endorsed the above-mentioned expert opinion. He said that the prosecutor’s experts had interpreted faith in the righteousness of any religion and the preaching of that faith as propaganda about people’s superiority or inferiority, depending on their religion. The experts’ findings had therefore been based on anti‑religion concepts and could be applied to any religious text.


Prompt:
33.  The Kyiv City Court also ordered the forfeiture of the applicant's bail, a sum of UAH 500,000[3]. In particular, it held:
“... when questioned as an accused Mr O.I. Bogomolov explained that he had changed his witness statement after his conversation with Mr V.G. Koval, who had recommended that, if he did not wish to be held criminally liable, he should say that the agreement had been concluded in hryvnyas and not in United States dollars.
... A witness, Ms Tyshchenko, has explained that Mr


Prompt: 19.  Each cell had a green emergency light situated on the wall outside the cell next to the door which came on when the call button was depressed inside the cell. Additionally, once the button was pressed, a buzzer sounded on the landing and a red light lit up on a control panel in the office on the landing concerned, indicating the cell. The red light remained on and the buzzer continued to sound even if the prisoner ceased to press the button. At 9 p.m., either


Prompt: 23.  On 14 November 1995 the Bismil public prosecutor accused the non-commissioned officer, Mr İlhan Yücel, of failing to take the necessary precautions when Cavit Özalp had been asked to open the cover of the shelter and of causing


Prompt: 37.  On 15 November 1993 at about 6.30 p.m., there was a ring at Mr Acar's door bell and he was told to open up for the police. In order to check their credentials, in view of recent police impostors abducting and killing human rights workers in the region, the applicant called the Chief Prosecutor at the State Security Court. His nephew,


Prompt: 67.  The Home Office pathologist confirmed that the cause of death was a single gun shot wound to the chest and that the pattern of injuries was consistent with having been shot in the manner described by Officer B. A sample of


Prompt: 78.  In undated letters the investigating authorities informed the applicants, Ilyas Akiyev, Baymurza Aldiyev, Aslambek Imagamayev and Aslambek Dishniyev that the criminal proceedings instituted in connection with the attack of 6 August 2000 and the murder of


Prompt:
29.  On 14 May 2003 the Chechnya prosecutor’s office quashed the decision to suspend the investigation and reopened the proceedings, noting inter alia, that the investigation had established the following:
“...Between 9.30 p.m. and 11 p.m. on 23 October 2002 a group of armed men in camouflage uniform conducted identity checks and inspected houses in Pogranichnaya Street, Grozny. They entered the yard of the house at 14 Pogranichnaya Street where the senior bailiff from the Staropromyslovskiy bailiff’s office


Prompt: 75.  Mr Pekbalcı was born in 1956 and was a farmer by profession. He had been working on the road construction site, obtaining materials from the quarry using explosives. He had had a fright after one particular detonation when he spotted a corpse about 10 m away from him, which, without approaching it, he reported to the Gendarmes Station of Aktoprak. He signed a statement to that effect at the station. The place where the body was found was accessible by car but was frequented mostly by lorries. He had been working with


Prompt:
65.  The Sub-Commission further recounted the explanations given by another captain, to the effect that “since we already had four wounded gendarmes and were facing violent resistance, we could no longer decide to retreat, to halt the combat; we had no say in the matter”. The Sub-Commission pointed out that Lieutenant-Colonel A.Öz. (see paragraph 48 above) had also acknowledged that he could not have called off an operation without undermining the morale of the troops and allowing the “adversary” to regain confidence. It quoted that officer’s words as follows:
“... In my view, it was impossible to restrain [the rioters] by any other means because they had larges stores of food in the dormitories. Furthermore, we had no ‘paralysing’ gas, and to my knowledge there is no such gas. We have tear-gas canisters ... We could not opt to ‘wait and see’ because that would have raised the problem that a long period of waiting would have enabled the other side to prepare better and step up their resistance ... Once the armed confrontation has begun it can no longer be stopped. I am glad that my next-in-command and my lieutenant survived, thanks be to God, but if one of them had been martyred, how could we have explained that to people? ... In the past, when we came here on an operation, we only searched the ordinary convicts’ dormitories, not those of the prisoners convicted of terrorism. When the operation was instigated the latter prisoners resisted to the death. Firearms were the last resort, and we held back until our personnel began to sustain injuries ... That is when you have to react; the longer you hold off the worse the eventual losses [in your own ranks] will be ...; if you wait too long before riposting you will allow the ‘terrorists’ to adjust their aim and erect barricades ... They even began killing each other; there were burst of gunfire inside the dormitory ... I shouted down from the first floor ‘but that’s automatic gunfire!’ and the reply came ‘we know, sir ... we have no hunting rifles, we don’t use them ...”
Finally, the Sub-Commission quoted Captain D.Y. on that specific issue (cf. paragraph 49 above), who had considered it unfair to ask them how they could have avoided “killing ten individuals”:
“... We didn’t kill them ... Honestly, if I had wanted to kill someone, why would I have chosen ordinary guys like A.S. or


Prompt: 18.  Following the disappearance of the four men, the first and the second applicant lodged complaints with various investigation bodies, public authorities and prosecutors’ offices. Other relatives and friends of the disappeared men also lodged several complaints in St Petersburg, Arkhangelsk and Ingushetia. In their statements they connected the murder of


Prompt: 8.  In April 1999 the applicants became tenants of a house owned by Liverpool City Council at 19 New Henderson Street. The property had been vacant for six months and the previous tenant had been Anita or


Prompt: 26.  On 24 July 1993, the applicant was at his home in Basoğ hamlet, about 2 km from Ormandışı village. At about 17.00 hours, shots were heard coming from the village. Smoke and flames appeared. Village women and children were fleeing in his direction. At first he thought it was the soldiers raiding the village. He later discovered that it was the protectors. He called to his son Burhan in the fields and told him to escape. His son got on his tractor and fled. He knew some of the village guards and recognised


Prompt:
14.  On 2 July 2008 the police informed the State Attorney’s Office of the results of their preliminary investigation. The relevant part of the police report reads:
“... a group of boys from Mokošica, headed by P.H., in which G.V. and M.P. and several other unidentified individuals were involved, went to the front of the Naval High School on 4 March 2008 in order to take revenge [for a previous fight between a student from the Naval School and P.H.]. When the students from the school saw the group of boys from Mokošica they ran away or headed back into the school, while a group of students attempted to leave the schoolyard passing by the [group of boys from Mokošica]. At that point the boys from the Mokošica group started to throw rocks at them and one rock hit


Prompt: 13.  In February 2004 unidentified officers from the Vedeno ROVD who were working there on mission from the Perm Region in Russia provided the applicant with information about her son’s abduction. According to the officers, on 13 January 2004 servicemen from ‘Vostok’ battalion in an UAZ minivan (‘tabletka’) had allegedly arrested Mr Muslim


Prompt: 37.  On 9 December 1999 the Ingushetia prosecutor's office opened a criminal investigation in respect of Mr Magomed Ye. under Article 285 § 3 of the Criminal Code (abuse of power entailing serious consequences), no. 99540071. On 15 March 2000 the Ingushetia prosecutor's office opened an additional investigation into abuse of power by


Prompt: 49.  On 23 July 1993, at around 16.00 hours, the Boyunlu village guards heard a report on the radio that 6 village guards, who had gone to cut poplar trees, had clashed with terrorists. Sadık Simpil and


Prompt: 94.  On 21 December 2005 the Syunik Regional Court, sitting in the town of Goris (Armenia), found officer V.G. guilty as charged and sentenced him to five years’ imprisonment, minus the one year and twenty‑four days already spent in detention, finding it to be confirmed that on 21 July 2002 officer V.G., during an argument with


Prompt: 46.  According to the statement of Yiannis Melissis, who had been a prisoner of the Turks at Adana and Amasia in September 1974, he happened to meet the applicant during his captivity. They both stayed with others in cell no. 9 until 18 September. They had chatted together every day and became friends. On 18 September


Prompt:
18.  By a letter dated 25 March 2011 the office of the Dean of the Faculty of Literature of Istanbul University submitted the following information to the Government for the purposes of the present proceedings:
–  Mr


Prompt: 19.  The second applicant was questioned on 15 May 2004, 15 May 2005 and 13 March 2008. She submitted that on 10 April 2004 she had been at home with her son, Mr Anzor Sambiyev. At approximately 9 p.m. he had said that “Russians” had come. She had told him to try to escape through their neighbours' garden, which he had tried to do, having jumped out of the window. Then she had gone out to the yard where there had been a lot of men in camouflage uniform and masks armed with automatic weapons. In the street, behind the gates, she had seen an Ural vehicle. At that moment she had heard shooting. She had tried to enter the house, but the armed men would not let her. After a while she had entered the neighbours' yard and somebody had told her that Anzor had been taken away in the Ural vehicle. At the back of the yard, within approximately 10 metres of the window out of which Mr


Prompt: 8.  Vadim Pisari lived in Pirita, a village located on the left bank of the Dniester River but controlled by the Moldovan Constitutional Authorities. Early in the morning of 1 January 2012, after an all-night New Year’s Eve party with his friends at which alcoholic drinks were consumed,


Prompt: 8.  The applicant claimed that her former husband, Mr Ioannis Vrahimis, had been the director and shareholder of a company called Vrahimis Estate Ltd. The company owned two large plots of land located in the village of Klepini, in the District of Kyrenia (plots nos. 6 and 7, sheet/plan XIII/33.W.I, registration nos. 583 and 586; area: 3,011 and 4,348 square metres respectively; share: whole). On 24 March 1973 the company decided to transfer these two adjoining plots by way of gift to Mr


Prompt:
33.  On 1 August 2002 the Chechnya Prosecutor wrote to the Chechnya Military Prosecutor asking for assistance in the investigation of the criminal case. The letter stated, inter alia, the following:
“... The Chechnya prosecutor’s office is investigating a criminal case concerning the killing of Mr A. Dudayev and the wounding of Mr


Prompt: 99.  The witness had been on guard duty on 20 and 24 November 1990. As part of his duties he had personally asked the detainees about their health five times during the day and the night. The inactivity displayed by


Prompt: 50.  In an appeal case lodged with the Supreme Administrative Court (decision no. 2000/5120, on file no. 1999/2162, 11 October 2000) against the judgment rendered by the Erzurum Administrative Court, the appellant, Mr


Prompt: 286.  They were all examined stripped to the waist. They were asked whether they had any marks on their bodies and they were told that, if there were, he would make a detailed examination. Apart from the bruised knee mentioned above, no one complained of any visible marks, although they all said they had been beaten. He saw no such marks himself. It was rare that he was presented with such a case and, when he was, he recorded it. The same day he re-examined


Prompt:
173.  In a judgment of 30 October 2012 the Kyiv District Administrative Court dismissed the applicant’s administrative application. In respect of the applicant’s complaint concerning the dissemination of the confidential information of her health condition the court stated as follows:
“The Ministry of Health of Ukraine denied the claim in this part on the grounds that the information about the plaintiff’s health condition is public, due to social publicity the information was given precisely in order to inform the public about important facts concerning the life and activities of a public person. The defendant states the press-release given on 16.02.2012 contains information about the activities of an established commission and the results of its work. The Ministry of Health further argues that the statement of the Minister is a comment on information which had been previously published in mass media.
...
The State Penitentiary Service of Ukraine denies the illegality of the disclosures of the above information, referring to the fact that this information was published to refute a statement released in the media and in the Internet. Specifically, the defendant states that information disseminated in the Internet on 25.11.2011, 01.12.2011, 08.12.2011, 13.02.2012, 17.02.2012, 27.02.2012, 09.03.2012, 23.03.12, reported the health status of the plaintiff, appeals of citizens, deputies and foreign diplomats to the defendant about the plaintiff’s health.
...
Having reviewed the materials submitted by the parties, the Court concludes that the information about the health condition and the fact of the plaintiff’s appeal for medical treatment was first disseminated by persons authorized by the plaintiff.
In particular, the case file contains a copy of the power of attorney dated 31.03.2011, registered under number 165 and issued by the plaintiff to Mr


Prompt: 125.  At around 10.30 a.m. a group of servicemen conducted a search of Mr Aldan Eldarov’s house. They took away a group photograph of him, his brother and some police officers from Grozny, all of whom were in military uniform. Then the servicemen left and Mr


Prompt: 29.  The applicant was tried by the Skierniewice District Court between 22 May 1995 and 18 March 1996. On 19 March 1996 she was convicted for having made on television, radio and in the press, between 22 August and 16 September 1993, statements that “Mr Kern directed by emotions, made the Regional Prosecutor, his Deputy, and even the Minister of Justice breach the law because of the solidarity of colleagues” and that “today there are criminal proceedings pending against him”. The trial court considered that her publications and statements constituted a single continuous offence of defamation. By making the above statements, the applicant “defamed


Prompt: 17.  The applicants’ representatives alleged that in accusing Mr Necmettin Erbakan of supporting the use of force to achieve political ends and of infringing the principle of secularism the prosecuting authorities had merely cited extracts from his speeches which they had distorted and taken out of context. Moreover, these remarks were covered by Mr


Prompt: 12.  At around 10 p.m. police officers Gheorghe G., Curti D. and Ion M. came back from the on-site investigation they had carried out at Steluţa's flat. Gheorghe G. grabbed the applicant by his hair and pulled him upstairs to an office.


Prompt:
60.  Later Mr Costas Themistocleous of Omorphita, now of Nicosia, who was a prisoner at Adana Prison, saw there the applicant, whom he had known from his childhood; this was on or about 17 October 1974, while he was about to return to Cyprus. They did not speak to each other but waved.
(i)  Application no. 16073/90:


Prompt: 8.  As regards the offence of improper conduct, the military prosecutor’s office decided on 27 October 1993 (Ms Nicoleta-Lorena Giurcanu ‑ applicant in application no. 30365/15, hereinafter “the first applicant”), 9 March 1994 (Mr


Prompt:
8.  Subsequently, the applicant requested seven daily and weekly newspapers to publish an identical paid advertisement for the book. The text of the proposed advertisement reads as follows:
“It does not make for pleasant reading for [the editor-in-chief] of Gazeta Wyborcza, friends. The truth about Gazeta Wyborcza. Previously unseen documents and new witnesses.


Prompt: 9.  Prior to 2000 Abubakar and Salman Bantayev participated in illegal armed groups. In 2000 they quitted paramilitary activities and voluntarily handed their arms over to the Chechnya Department of the Federal Security Service (the Chechnya FSB). On 21 January 2000 Abubakar and


Prompt: 58.  On 6 October 2004 the investigation interviewed the first applicant as a witness. She stated that at about 5 a.m. on 16 September 2004 she had been woken up by the barking of her dog. Shortly afterwards a group of armed masked men in camouflage uniforms had burst into the house. Some of the armed men had stayed in the yard. There were in total about twenty‑five to thirty of them. The intruders took


Prompt: 13.  The village of Kurşunlu and the hamlet of Kayaş are located in a fairly mountainous region and approximately 45 minutes’ walk from each other. Close to Kurşunlu village and about an hour’s walk from Kayaş is the Kurşunlu plain. This plain is completely flat with very little growth. It is surrounded, however, by mountains, which are forested in part. The plain and the surrounding mountainside were used by the Kurşunlu villagers for grazing their animals. To the north of the Kurşunlu plain, about two and a half hours’ walk from Kayaş, is the village of Çevrecik. To the south-east of Kurşunlu village is the village of Kelekçi, where on 10 November 1992 security forces burned down the houses of nine villagers, including that of the village headman (muhtar)


Prompt: 43.  In their submissions on the merits the Government stated that investigative measures continued in 2003. On 18 March 2003 the second applicant was recognised as a victim in the criminal proceedings. On 15 April 2003 additional forensic reports were prepared on the bodies of


Prompt: 16.  According to the medical certificate issued by the Serbian Clinical Centre, Mr Dejan Petrović died from sepsis and cardiac arrest on 15 February 2002 at 4.30 a.m. Following a request by the investigating judge (M.P.) of the Belgrade District Court, the post-mortem examination of Mr


Prompt: 88.  By letters of 28 February and 20 March 2006 the branches of the Main Prisons Directorate of the Ministry of Justice (“the prisons directorates”) in the Rostov and Volgograd Regions informed the seventh applicant that


Prompt: 25.  Between 5 and 20 September 2001 the Inspection Service questioned four members of the investigative team. Their depositions included, inter alia, the information that the operative part of the team had been colluding with the applicant; that the applicant had been in close contact with I.C. (see paragraph 10 above); that the applicant had been involved in several contractual transactions within the group, which had eventually harmed the interests of the steelworks; that the request for authorisation to tap the applicant’s phone had been based on the suspicion that he had committed the offences of aggravated fraud (Article 250 of the Criminal Code) and money laundering (Article 255 of the Criminal Code); that the request had been drafted without consultation of the case file; that the interception had been necessary because it had not been possible to move the investigation forward without it; and that after the interception had been compromised the case file had been made available to various officials, including


Prompt: 15.  Police officer B. chased Alexei Vlasi and approached him from behind on the landing of the top, fifth floor. He put his hand on his shoulder, called him by the name of the wanted suspect, announced that he was a police officer and asked him to come with him. At that moment Alexei turned around and punched police officer B. in the face with his right fist and attempted to run down the stairs. When he punched police officer B. he did not have anything in his hand. Police officer B. was pushed into a wall on his right and lost his balance. However, police officer C., who had already approached them from behind, managed to apprehend


Prompt: 25.  The following morning, on 12 November, they went to the office of the Dicle public prosecutor. When they telephoned the village at around midday there was still no word about the fate of the two Mehmets. However, when they telephoned again at 2.30 p.m. they were told that the bodies of


Prompt: 129.  At about 4 a.m. on 2 April 2005 the applicants’ family was at home in the village of Duba-Yurt when a large group of armed military servicemen in camouflage uniforms and balaclavas arrived at their house in two UAZ minivans and a white Niva car. Having ordered all male members of the family to go outside, the servicemen searched the premises, speaking Russian among themselves. Then they forced Mr


Prompt:
100.  Specifically referring to the situation regarding torture in Uzbekistan and returns to torture effected in reliance upon diplomatic assurances from the Uzbek authorities, the UN Special Rapporteur on Torture stated to the 2nd Session of the UN Human Rights Council on 20 September 2006:
“The practice of torture in Uzbekistan is systematic, as indicated in the report of my predecessor


Prompt: 124.  In February 2004 the ORB-2 and the Chechnya FSB department informed the investigation that they had no information about Khamzat Merzhoyev. On 22 April 2004 the Ingushetia FSB department stated that no special operations had been conducted in Katyr-Yurt by the FSB forces and also denied having any information about


Prompt: 27.  The eyewitnesses H.Y., B.N. and Ö.Y. retracted their statements a further time and confirmed the truth of their initial accusations against Officer Akgün. H.Y. explained that he had been forced by Officer Akgün to retract his initial statement if he did not want to end up like


Prompt:
10.  The sums claimed by the applicants were as follows:

Application no.
Applicant
Amount in Turkish liras
Approximate amount in Euros
42894/04
Mehmet Arat
791,793,180
1,440
42904/04
Haci[2] Atsız
1,481,705,734
2,700
42905/04


Prompt: 8.  Early on the following day, 24 December 2004, Mr A. went to the “Mars-20” traffic checkpoint on the northern outskirts of Makhachkala to find out whether the traffic police officers had information about either his brother,


Prompt: 53.  According to the Government, apart from the applicant, the investigating authorities had also questioned several witnesses, including the applicant’s relatives and neighbors, and a number of public officials who had worked in the Chechen Republic at the material time. The witnesses were mostly questioned between 2003 and 2005. The applicant’s relatives had confirmed the circumstances of


Prompt: 24.  Following the incident, the weather conditions allowed the authorities to visit the site on 29 September, 17 October, 22 October, 4 November, 21 November, 17 December 2001 and, finally, on 8 January 2002. On those dates the authorities visited the site in order to take photographs of the bodies and to carry out autopsies. However, despite extensive searches, the bodies, allegedly those of


Prompt: 36.  On 5 April and 12 May 2003 the military prosecutor’s office of the United Alignment Group (the military prosecutor’s office of the UGA) forwarded the second applicant’s complaints about the abduction of


Prompt: 6.  According to the findings of the domestic courts, in early 2000 Mr A.B. formed an armed gang which included the applicants, Mr Vladimir Zakshevskiy (the applicant in the case of Zakshevskiy v. Ukraine, no. 7193/04, § 11, 17 March 2016), Mr S.S., Mr I.K., Mr A.S. and two others. At the time the first applicant, A.B. and Mr


Prompt: 40.  On the intervention of the Greek Helsinki Monitor and of its executive director acting as the parents’ representative, the 12th school would have registered all the child applicants, except Ako Sampani,


Prompt:
29.  In a judgment of 26 April 2004 Warsaw Regional Court found the applicant guilty of attempted fraud, under Article 13 of the Criminal Code combined with Article 286 § 1, Article 294 § 1 and Article 12 of the same Code, and sentenced him to two years and six months’ imprisonment and a fine of 100,000 zlotys (PLN). In its reasoning the court found as follows:
(a) that it was established that between 15 and 22 July 2002, the applicant had attempted to incite


Prompt:
64.  On 7 January 2005 the Ministry of the Interior of Ingushetia informed the applicant as follows:
“Our department has taken steps to investigate the allegation that your son Adam Birsanov had been kidnapped by unidentified servicemen of one of the detachments of the special forces based in the Northern Caucasus.
It was established that on 5 December 2004 at fifteen minutes past midnight a convoy of three Gazel vehicles and a Niva had passed through the Volga-15 traffic police roadblock towards the Volga-14 roadblock by a side road. At about 1 a.m. the same convoy passed the Volga-12 roadblock towards Malgobek, and when the traffic police inspectors manning the roadblock ordered the vehicles to stop, a passenger in the leading Gazel vehicle showed through the window while driving past a special pass for the vehicle which belonged to the Department of the FSB.
At about 2.10 a.m. on 5 December 2004 the same convoy of vehicles again passed through the Volga-12 roadblock from Malgobek to Nazran, disobeying the orders of the traffic policemen. At about 2.30 a.m. this convoy was forcibly stopped at the Volga-14 traffic police roadblock; inside [the vehicles] were officers of the Ingushetia department of the FSB, who produced the appropriate documents, after which the vehicles continued towards Magas.”
The letter went on to say that on 16 December 2004 their office had asked the head of the Ingushetia FSB whether their servicemen had detained


Prompt: 37.  Legal aid was granted to the three applicants to pursue domestic remedies for compensation. Their solicitors sent a notice of issue, under cover of a letter dated 12 February 1999, to the Treasury Solicitor requesting disclosure of medical and prison records in view of a claim for damages with respect to the death of


Prompt:
27.  The autopsy report on Cavit Özkaya gives his cause of death as an internal haemorrhage, broken shoulder blades and ribs, together with the perforation of internal organs resulting from bullet wounds.
A private forensic pathologist who, at the request of the applicants, inspected the premises after the incident and examined the autopsy reports, commented that the only fatal wound to the front side of


Prompt: 138.  On 17 January 2003 the seventh applicant was questioned as a witness. After the acknowledgment of her victim status on 31 January 2003, she was questioned at least four times: on 21 April 2003, 14 April 2007, 9 October and 1 December 2008. The seventh applicant testified that before the abduction her brother had worked at the Main Prisons Directorate in Khankala. In the morning of 27 December 2002 a group of Russian servicemen, some of them with chevrons of the Ministry of the Interior, had taken him away in one of two APCs. They had Slavic features and had spoken unaccented Russian. The seventh and fourteenth applicants had seen the APCs enter the grounds of military unit no. 3186. The seventh applicant had immediately related the events to an on-duty police officer at the Michurina subdivision of the ROVD. The following day, a serviceman at the checkpoint and Ms Estamirova had told the applicant that


Prompt: 21.  On 17 February 1998, after the jury had deliberated for a total of twenty-one and a half hours, the applicant was convicted of murder before the Crown Court at Manchester by a majority of ten to two and sentenced to life imprisonment. The applicant thereafter lodged a notice of appeal, asserting, inter alia, that the judge ought to have excluded evidence of the audio- and video-recordings of his conversations with


Prompt:
10.  On 22 December 2003 the District Court prolonged the pre-trial detention by referring to the continued existence of the underlying grounds. On 7 January 2004 the Regional Court upheld this decision with the following reasoning:
“[I]n respect of


Prompt: 47.  On 23 February 1998 the lawyer representing the families of the other two deceased persons lodged a petition with the Yığılca public prosecutor's office. He requested that the photograph of the red car, belonging to Tarık Umit, which was found abandoned after his abduction, be shown to the witnesses heard in Yığılca. When the photograph of the red sports car with registration number 34 ZU 478 was shown to


Prompt: 12.  On the same day an autopsy was carried out on the deceased’s body. The doctors noted that the body was in an advanced state of decomposition and that there were two cuts on it: one cut of 8 cm on the left wrist; another one between the left thyroid cartilage and the left ear. The doctors concluded that the cut on the deceased’s left wrist was the fatal wound and that the cause of death was excessive bleeding. They also noted that the cut on Mr


Prompt:
53.  After examining other evidence relied on by the court of first instance in the applicant's case and comparing it with Mr David Assanidze's depositions at his trial in 1996, the Supreme Court found:
“Both [the applicant's] indictment and conviction rely solely on the depositions of persons who have a direct interest in the outcome of the proceedings against him and there is no other evidence of his guilt in the case file. The Court must therefore find that Mr


Prompt:
6.  In its issue of 14 May 2004 Der Standard published an article in the domestic politics section under the heading “Gossip mongering” (“Kolportiert”). The article, which was entitled “A society rumour” (“Ein bürgerliches Gerücht”) commented on certain rumours relating to the marriage of Mr Klestil, the then Federal President. The article also appeared on the website of Der Standard. It read as follows:
“If the stories circulating between the outlying district of Döbling and the city centre are to be believed, there is only one topic of conversation at the moment among the so‑called upper crust of Viennese society: the marriage of the departing presidential couple


Prompt: 74.  The investigation failed to establish the whereabouts of Ibragim Tsurov. The investigating authorities sent requests for information to the competent State agencies and took other steps to have the crime resolved. The investigation found no evidence to prove involvement of law enforcement agencies in the crime. No special operations had been carried out in respect of


Prompt: 8.  Apparently in 2001 and 2002 doubts arose as to the accuracy of certain medical examinations, on the basis of which social insurance benefits had been granted by the Zduńska Wola Social Insurance Authority. By a letter of 24 October 2002 the Sieradz Regional Prosecutor requested that Authority to review, under section 114 of the Law of 17 December 1998 on retirement and disability pensions (ustawa o emeryturach i rentach z systemu ubezpieczeń społecznych - see paragraph 22 below), the final decisions issued in 115 disability pension cases. The request referred to a pending investigation in the case of a certain J.S. and other doctors who had been assessing claimants’ health for the purposes of social insurance proceedings. The prosecutor submitted that it was highly likely that in those cases serious irregularities concerning the assessment of the claimants’ eligibility for social insurance benefits had occurred. The list of cases attached to that request included Mr


Prompt: 22.  Accordingly, the Criminal Court found the applicant guilty of criminal conspiracy in connection with a terrorist enterprise, on the basis of Articles 450-1 and 421-1 of the Criminal Code. It sentenced him to ten years’ imprisonment and ordered his permanent exclusion from French territory. The court cited as reasons for imposing the prison sentence the fact that “by providing funding and issuing propaganda on behalf of the GIA,


Prompt: 10.  In the winter of 1999-2000 the applicant, her father Abdul-Vagap Tangiyev (born in 1926), her mother Khirzhan Ibragimovna Gadaborsheva (born in 1932), her uncle Ismail Ibragimovich Gadaborshev (born in 1924) and her sister


Prompt: 66.  The applicants' experts concluded that Carlo Giuliani had been about three metres away from the jeep when the shot was fired. While it was undeniable that the fatal bullet had been in fragments when it struck the victim, the possibility of its having collided with the stone which could be seen in the video should be ruled out. A stone would have distorted the bullet differently and left different marks on


Prompt:
10.  On 21 June 2000 the Istanbul State Security Court convicted the applicants as charged and sentenced them to heavy fines, of 474,481,000 Turkish liras (TRL) (approximately 804 euros (EUR) at the relevant time) and TRL 237,240,000 (approximately EUR 402) respectively. In accordance with Additional section 2 § 1 of Law no. 5680, the first-instance court also ordered the temporary closure of the newspaper for a period of seven days. According to the brief reasons given by the Istanbul State Security Court, the following sentences from the article were sufficient to conclude that O.T. and K.B. had been rendered targets for terrorist organisations:
“... it is not possible to reach the light from the darkness without eliminating the eliminators ... And above all, supposing that the protective ring around the former Director of İstanbul Security Directorate, O.T., who issued the collective detention order which ended with the death of Metin, and around Vice-Director K.B., who executed this order, would remain in place forever would represent nothing but a lack of faith in all these struggles. All those following the case of


Prompt: 43.  On 8 June 2004 the military prosecutor's officer of the UGA informed the first applicant that the examination of her complaint had established that the Russian military servicemen had not been involved in the abduction of


Prompt: 114.  Ali Alay, one of the persons who had been taken into custody, had made a statement incriminating Yakup Aktaş. Yakup Aktaş was said to have given financial support to the PKK. The witness had referred the matter to the commander of the Mardin provincial gendarmerie who had instructed him to contact the Derik district gendarmerie after also informing the head of the intelligence unit. In coordination with the Derik district police force the Derik district gendarmerie had then arranged for


Prompt: 11.  Second, it was not accepted that he would be of any adverse interest to the Afghan authorities upon return given, inter alia, that he had not demonstrated any Hizb-i-Islami involvement; that he had remained in hospital for two months after the rocket attack without any problems; that he had returned from hospital to his home village where he had lived for six months without any problems from the authorities; and that, in any event, a number of ex Hizb-i-Islami members occupied high positions within the Afghan Government and the objective evidence demonstrated that even former commanders did not have any problems with the Afghan authorities if they made it clear that they were no longer working with


Prompt: 12. On 16 September 2008 the Migration Board held a meeting which lasted approximately three and a half hours and included interviews with the applicants in the presence of an interpreter and their legal counsel. The first applicant stated, amongst other things, that before the war he had worked as correspondent for a small newspaper. After having met H in 1994 the first and second applicant had moved to the mountain village and joined the rebels. He met


Prompt: 32.  On 26 June 2012 Ms Ostrovskaya complained to court, relying on humanitarian grounds in her claim that she should be allowed to stay in Russia. By a judgment of 23 July 2012, upheld on appeal on 17 September 2012, the Samara District and Regional Courts held that the decision to refuse her a residence permit had been lawfully given by the Migration Service within its jurisdiction and in compliance with the Foreign Nationals Act and its internal regulations. The District Court declared that it would not take any humanitarian considerations into account because Ms


Prompt:
64.  At the Court's request, the Government provided the following update on the investigation, covering the period from January 2004 to August 2005:
“On 12 January 2004 the [acting Deputy of the Chechnya Republican Prosecutor] by his decree quashed the decree to suspend the preliminary investigation in the criminal case no. 12073 of 20 January 2003 and the preliminary investigation was reopened. After reopening proceedings in the case [11 persons including the former military commandant of the Town of Grozny], were interviewed as witnesses. Moreover, a number of [actions were commissioned] to establish witnesses of the committed crime.
On 10 May 2005 the victim,


Prompt: 50.  Between 27 June and 15 July 2006 investigators of the district prosecutor’s office requested a number of State authorities, including prosecutor’s offices and departments of the interior of various districts of the Chechen Republic, to provide information on


Prompt: 43.  The Court of Cassation first examined the question of whether any criminal proceedings had been instituted and any investigation carried out into the killing of Seyran Ayvazyan. Referring to Articles 27 § 1, 175 and 182 §§ 1 and 2 of the CCP, the Court of Cassation concluded that it was impossible to answer that question unequivocally. In particular, a number of factors suggested that criminal case no. 55200706 had been instituted on account of the acts committed by


Prompt: 43.  On 18 August 2004 the applicant complained to the Urus-Martan district prosecutor. In her letter she stated that her husband had asked the investigators in case no. 61008 to include the accounts of the three employees of the VOVD who had witnessed


Prompt:
40.  The witness was a resident of the Işıkvuran village of Ovacık. According to him, on 2 October 1993 a group of PKK militants raided their village to pressurise the villagers into joining the organisation and providing food and supplies. That same day the militants abducted six young men in order to recruit them to the organisation. Two or three days later those young men fled from the PKK and eventually joined the Turkish army. To retaliate, the PKK militants in gendarme uniforms came back to Işıkvuran village on 6 October 1994 and burned down some of the houses. The witness added that similar incidents had taken place in most of the neighbouring villages in Ovacık.
c)  Witness statement of


Prompt: 13.  The CPA administration was divided into regional areas. CPA South was placed under United Kingdom responsibility and control, with a United Kingdom Regional Coordinator. It covered the southernmost four of Iraq’s eighteen provinces, each having a governorate coordinator. United Kingdom troops were deployed in the same area. The United Kingdom was represented at CPA headquarters through the Office of the United Kingdom Special Representative. According to the Government, although the United


Prompt: 72.  According to the documents contained in the criminal investigation file, at some point in 2001 documents constituting the basis for examination and a part of the original expert report had been stolen or changed. A separate criminal investigation was carried out, during which several officers from the prosecutor's office and the Ministry of the Interior were questioned. The investigation collected the copies of the original documents from the Russian Federal Bureau of Forensic Studies.


Prompt: 58.  The following nineteen prisoners who were serving their sentence in IK-13 along with the applicant also supported his application: Mr A.S.Tikhonov (in respect of IZ-63/1), Mr V.G. Pamurzin (in respect of IZ-63/1), Mr


Prompt: 51.  On various dates in the summer of 2004 the investigators questioned a number of other representatives of law-enforcement agencies and the military, such as Mr A.K., Mr S.S., Mr S.G., Mr B.A., Mr G.V., Mr S.T., Mr A.G., Mr A.O., Mr I.P. and Mr I.K. All their statements were similar to each other and could be reduced to them neither having seen anyone beating


Prompt: 23.  When the bodies were brought to the Yığılca Health Centre in the early hours of 4 June 1994, post mortem examinations of the bodies were carried out by two doctors in the presence of the Yığılca public prosecutor. In the body examination report, it was noted that there was an ecchymosis measuring 1x1 cm and an abrasion on the surface of the knee cap of the second body that was later identified as that of


Prompt:
25.  The Moskovskiy District Court of St Petersburg held:
“...in view of the nature of the defendant's actions – intentional beating of the victim's head against the pavement – and in view of the gravity of the injuries received by N., the court considers it necessary to classify the defendant


Prompt: 20.  The following days the applicants and their relatives complained about the abduction to a number of local law-enforcement agencies. None of them accepted the responsibility for arresting or detaining Mr


Prompt: 46.  On 29 June 2005 the Ovacık prosecutor wrote to the Forensic Medicine Institute’s headquarters in Istanbul, stating that although autopsies had been carried out on the bodies of the seventeen at the Malatya Branch of the Forensic Institute, clothes belonging to some of the deceased had been returned to his office without examination, because there was no expert in Malatya able to carry out that task. The prosecutor also informed the Institute about the allegation made by the three applicants that their relatives might have been killed without a warning and added that the applicants had requested that their relatives’ clothes be forensically examined. With his letter the prosecutor sent the clothes removed from the bodies of


Prompt: 54.  On an unspecified date the prosecution requested the Basmanniy District Court to extend the applicant’s detention again because the applicant needed more time to study the prosecution files. In support of his request the prosecutor mentioned in his submissions the “seizure from one of the defendants of the written notes containing the instruction of


Prompt: 19.  In his statement Mr Du. submitted that at about 6 a.m. on 4 December 2000 he had been woken up by the screaming of women and crying of children. He had got outside and had seen several servicemen who were wearing masks. Mr Du. had wanted to ask them what was going on but was afraid. Two servicemen had taken


Prompt: 69.  In a letter of 16 April 2003 submitted to the Court in support of the applicant’s case Ms. K.K. stated that she had formed part of the DSP as first sergeant-major based at Camp Tshatshi in Kinshasa. She had been working in the reconnaissance unit of the Camp Commander (au service des renseignements pour la sécurité des militaires). She had been arrested on 20 March 2001, a few days after the then President


Prompt: 26.  On 30 June and 2 July 2003 the military prosecutor's office of military unit no. 20102 informed the applicant that the examination of her complaints had failed to establish any involvement of Russian servicemen in the abduction of


Prompt: 65.  On 4 October 2001 several cases were severed from case file no. 0100118 in order to be investigated under file no. 1001837 (an attack in the Ombudsperson’s office, an attack against the newspaper Rezonansi and others). Father Basil and Mr


Prompt: 20.  On 6 April 2004 the Diyarbakır Security Department informed the Diyarbakır Public Prosecutor that Abdülkadir Aygan had been sentenced to 15 years’ imprisonment for being a member of a terrorist organisation in 1986. However, as he had benefited from the repentance law of 1985, he had been released from prison and his whereabouts were unknown. The Public Prosecutor continued searching for


Prompt: 41.  At different stages of the proceedings several orders were issued by the supervising prosecutors enumerating the steps to be taken by the investigators. On 23 October 2000 a prosecutor from the Chechnya Prosecutor's Office noted that “the investigation was unsatisfactory... In fact, the investigator did not carry out any procedural steps.” He ordered, among other things, that a plan of action be drawn up, that the applicant and


Prompt:
34.  On 19 May 2004 the Judiciary Qualification Board of Moscow examined the Moscow Judicial Council’s request. The applicant was absent from the proceedings, apparently without any valid excuse. The Judiciary Qualification Board of Moscow decided that the applicant had committed a disciplinary offence and that her office as a judge was to be terminated in accordance with the Law “On the Status of Judges in the Russian Federation”. The decision, in so far as relevant, read as follows:
“During her election campaign, in order to win fame and popularity with the voters, judge Kudeshkina deliberately disseminated deceptive, concocted and insulting perceptions of the judges and judicial system of the Russian Federation, degrading the authority of the judiciary and undermining the prestige of the judicial profession, in violation of the Law On the Status of Judges in the Russian Federation and the Code of Honour of a Judge in the Russian Federation.
Thus, in November 2003, when meeting with [members of her] constituency, judge Kudeshkina stated that the Prosecutor General’s Office exerts unprecedented pressure on judges during examination of a number of criminal cases by the Moscow City Court.
In the live broadcast of her interview with the radio station Ekho Moskvy on 1 December 2003, judge Kudeshkina stated that ‘years of working in the Moscow City Court have led me to doubt the existence of independent courts in Moscow’; ‘a judge, although defined by law as an embodiment of judicial power and independent in this capacity, in fact often finds himself in a position of an ordinary clerk, a subordinate of a court president’; ‘the courts of law are used as an instrument of commercial, political or personal manipulation’; ‘if all judges keep quiet this country may soon end up in a [state of] judicial lawlessness.’
In the interview with the newspaper Izvestiya of 4 December 2003, judge Kudeshkina stated: ‘looking around, one is just stunned by the lawlessness. The law applies quite strictly to ordinary people, but this is not the case when it comes to persons holding important posts. But they break the law too – although they are not subject to liability’; ‘the court administration tests each judge to see how flexible he is, so that when it comes to [the allocation of cases] they know who can be entrusted with a delicate case and whom to avoid’.
In another interview with judge Kudeshkina, published in Novaya Gazeta on 4 December 2003, she also stated that ‘in Siberia, by the way, the courts are much purer than in Moscow. There you cannot imagine such brutal manipulation and would not be talking about corruption to such an extent’; ‘I doubt that any provincial courts would harbour scandals as outrageous as those in the Moscow City Court, but this a question of degree, while the problems are more general’; ‘a judge, although defined by law as an embodiment of judicial power and independent in this capacity, in fact often finds himself in a position of an ordinary clerk, a subordinate of a court president. The mechanism of how a decision is imposed on a judge is not to contact [the judge] directly, instead a prosecutor or an interested person calls the court president, who then tries to talk the judge into a ‘right’ decision, first gently, by offering advice or a professional opinion, then pushing him or her more strongly to take the ‘correct’ decision, that is, one that is convenient to somebody’; ‘in reality a court still more often than not takes the position of the prosecution. The courts then become an instrument of commercial, political or personal manipulation. No one can rest assured that his case – whether civil or criminal or administrative – will be resolved in accordance with the law, and not just to please someone’.
In so doing judge Kudeshkina knowingly and intentionally disseminated in civil society false and untruthful fabrications about the arbitrariness allegedly prevailing in the judicial sphere; that, in dealing with specific cases, judges find themselves under constant and undisguised pressure exercised through the court presidents; that the court presidents pre-test to what extent one or other judge may be controlled in order to determine who could be entrusted with delivering a knowingly unjust judgment in a case; that no one can be sure that his case is examined by an impartial tribunal; that judges in fact betray the interests of justice by adopting the position of the prosecution in most cases; that a judge in this country is not independent and honest, but [is] a typical subordinate public servant; that in this country we have complete lawlessness, and judicial chaos.
The above-mentioned statements by judge Kudeshkina are clearly based on fantasies, on knowingly false and distorted facts.
However, dissemination by a judge of such information poses a great public danger because it signifies deliberate slandering of the authority of the judiciary and intentional undermining of the prestige of the judicial profession, and also promotes incorrect ideas about corrupted, dependent and biased judicial authorities in this country, which leads to the loss of public trust in the fairness and impartiality of examination of cases brought before the courts of law.
As a result, the false information imparted to civil society by judge Kudeshkina, a member of the judiciary of Russia, undermined public confidence that the judiciary in Russia are independent and impartial; consequently, many citizens were lead to believe, erroneously, that all judges in this country are unprincipled, biased and venal, that in exercising their functions they only pursue their own mercenary ends or other selfish goals and interests.
...
In support of her unsubstantiated and groundless attempts to defile the judicial system of our country, judge Kudeshkina referred [in her interviews] to the criminal case against


Prompt: 62.  In order to reconstruct the events on the basis of the “intermediate object theory”, the experts then had some test shots fired and conducted video and computer simulations. They concluded that it was not possible to establish the bullet's trajectory as the latter had undoubtedly been altered as a result of the collision. On the basis of video footage showing a stone disintegrating in the air and of the shot that could be heard on the soundtrack, the experts concluded that the stone had shattered immediately after the shot had been fired. A computer simulation showed the bullet, fired upwards, hitting


Prompt: 72.  At about 3 a.m. on 10 October 2004 the applicants were at home when a large group of armed servicemen in camouflage uniforms arrived at their house in the village of Valerik, in two APCs and two Ural lorries without registration numbers. A group of about six servicemen broke into the house, forced Mr


Prompt:
9.  On 6 August 2004 the applicant initiated proceedings under the Media Act (Mediengesetz) against Verlagsgruppe News GmbH, the publisher of Profil, in relation to the article published on 12 July 2004. Relying on sections 6 and 7 of the said Act, he requested compensation for defamation (üble Nachrede) and for the violation of his strictly personal sphere (höchstpersönlicher Lebensbereich) caused by the publication of the photograph and the impugned article, especially the following passages:
“‘Porn scandal. Photographic evidence of sexual antics between priests and their students has thrown the diocese of St Pölten into disarray.’; ‘A painful truth: Krenn’s principal engaged in sex with subordinates, also Krenn’s private secretary and legal adviser ...’; ‘Photos showing, among others, seminarians from St Pölten in kinky situations, in some cases with their superiors ... and because they were doing it with the boss and his deputy too, it was all quite normal and they felt perfectly safe ...’; and ‘In June of the previous year principal


Prompt: 29.  On 12 January 2001 the investigators forwarded a request to the Military Prosecutor’s Office of military unit no. 20102, asking them to take the following steps: to identify which convoy had passed through Argun on 5 January 2001 at about 5 p.m.; to question the head of the convoy and the senior drivers about the circumstances of


Prompt: 69.  On 7 June 2005 the second applicant complained to a number of State authorities, including the Minister of the Interior and the Prosecutor General. She complained that the investigators had failed to conduct an effective and thorough investigation into the abduction of her son. In her letters she described in detail the circumstances of


Prompt: 36.  On 3 June 2005 the Kirovskiy District Court declared the decision dispensing with criminal proceedings unlawful. It found that the investigation file was incomplete and the prosecutor's conclusions contradictory, in particular with reference to the failure to verify the origin of the head injury and the brain tumour, as well as


Prompt: 18.  On 18 September 1996 Mr Zhigalev, head of Luch Farm, decided that Mr A.N. Kazyulkin and Mr S.V. Kapustin were to be dismissed from Luch Farm. On 3 October 1996 the same decision was taken in respect of Mr


Prompt: 43.  On 5 May 2003 the SRJI, acting on the applicants' behalf, wrote to the Argun Prosecutor's Office, asking him for news about the investigation in criminal case no. 45031. They inquired if the investigation, which had been suspended in March 2002, had been reopened after the discovery of Mr Akhmadov's body. They also made requests for the second applicant and the person who had discovered the body to be questioned, for a forensic analysis to be ordered and for the clothes in which the body had been found to be collected from the second applicant for examination. They further inquired if any documents had been obtained relating to the operation in Argun on 11-14 March 2001, if the commanding officers and the servicemen who had conducted the passport checks had been identified and questioned, if the officers responsible for the supervision of the detainees had been questioned and if other detainees had been interviewed. Finally, they inquired what investigative measures had been carried out at the spot where


Prompt: 70.  On 13 March 2002 the Prosecutor’s Office of the Grozny District (прокуратура Грозненского района) instituted a criminal investigation under Article 105 § 2 (a) of the Russian Criminal Code (murder of two or more persons) into the disappearance of 13 residents of Stariye Atagi, including the applicants’ relatives and Mr


Prompt: 45.  The investigation established that the applicant’s son had been detained on 2 February 2000 in Alkhan-Kala, together with other members of illegal armed groups. Immediately after arrest he was handed over to servicemen from the GUIN for transportation to the pre-trial detention centre in Chernokozovo, Chechnya.


Prompt: 14.  The Milevi sisters produced a certificate in which their general practitioner attested that from the middle of 2002 both of them started complaining of constant headaches, insomnia, irritability and anxiety, had high blood pressure, and had lost weight. In 2003 Ms


Prompt: 7.  On 13 September 1996 the first applicant brought a civil action requesting the Skopje Court of First Instance (“the first-instance court”) to order the company to register the sales contracts in its book of shareholders and to provide them with a certificate of title. On 22 November 1996 the second applicant and Mr


Prompt: 25.  On 27 March 2003 the Government, with reference to its decree no. 1682-A of 24 October 2002, adopted decree no. 329-A, on the basis of which Hrazdanmash was allowed to sell its property. The property in question included the inventory contained in the company's numerous buildings, while the identified buyers included various private companies. The property was valued at a total of AMD 556,271,000 and was to be sold at roughly 30% of its price. The proceeds of the sale were to be directed by the company towards paying off its debts in respect of the State budget. The buyer companies in return undertook an obligation to the State to make investments of various amounts, including creation of jobs. The


Prompt:
98.  The applicants are:
(1) Ms Maret Sultanova, who was born in 1958,
(2) Ms Madina Sultanova, who was born in 1993,
(3) Mr Khusain Sultanov, who was born in 1984,
(4) Ms Razet Sultanova, who was born in 1988,
(5) Ms


Prompt: 10.  Notwithstanding this, on 11 August 1996 a group of motorcyclists and other civilians proceeded to various points along the United Nations (UN) buffer zone. Violent clashes took place between the demonstrators, the counter-demonstrators and the “TRNC” forces. One of the Greek-Cypriot demonstrators,


Prompt: 31.  On 20 May 2004 the Presidium of the Novosibirsk Regional Court, by way of supervisory review, quashed the Zheleznodorozhniy District Court’s decision of 20 August 2003 (see paragraph 12 above). The Presidium held that


Prompt: 37.  On 26 June 2013 and 4 March 2014 the applicants, together with other injured parties, sought leave from the Minister of Justice to lodge an extraordinary appeal on points of law. Such leave was refused by