Prompt:
30.  Christodoulos Panyi of Vatyli, now of Strovolos, in his statement declared that while he was a prisoner in Adana Prison he saw and recognised the applicant, whom he had previously met.
(c)  Application no. 16066/90:


Prompt: 70.  On 12 December 2012 the investigators again questioned the second applicant, who reiterated her previous statements (see paragraphs 17 and 23 above) confirming that she had no explanation for Mr


Prompt: 13.  The investigation established that at about 3 a.m. on 15 December 2002 unidentified persons wearing camouflage uniforms and armed with machine guns had entered the house at 43 Lenin Street in the village of Samashki, kidnapped Ramzan and


Prompt: 17.  Turning to consider the facts of the applicant’s case, the court again emphasised that its task was to decide whether the conviction was safe. It also noted that, the case being of some difficulty, it was important to bear in mind the test set out by Lord


Prompt: 8.  In September 1984 the applicant introduced a judicial protest against the relevant government department. He alleged that the issuing of the requisition order and the allocation of his property to a third party was causing him hardship. In a judicial letter of 8 November 1984,


Prompt: 18.  In the afternoon of 11 June 2003 investigators examined the scene of the incident. They found many used cartridges and an empty machine-gun cartridge belt, used bandages, empty water bottles, canned pork and plastic bags bearing the Russian Ministry of Defence logo. The investigators took fingerprints from the bottles and tins. Then


Prompt: 26.  The applicant dismissed all the information as general and unsubstantiated. He in particular denied the assertion that he had advocated the Saudi-inspired Wahhabi/Salafi version of Islam. He argued that he should not have been perceived as a terrorist just because he spoke Arabic and moved in the BH Arabic community. The applicant submitted that on one occasion he and some of his friends had helped the National Security Agency to locate and arrest persons connected with the killing of a police officer. He furthermore pointed out that, following a request by Human Rights Watch and Amnesty International, the United States State Department’s 2007 Country Report on Terrorism – specifically, the entry for Bosnia and Herzegovina, in which the applicant had been wrongly identified as


Prompt: 7.  In the afternoon of 24 March 2001, on his way from Grozny to Gekhi, Adam Makharbiyev stopped at his cousins’ house in Chernorechye village on the outskirts of Grozny. On the same evening he drove back to Gekhi with his cousins, Mr I.M. and Mr L.M., in the latter’s black VAZ-2106 car. At the time Mr L.M. was a police officer at the Oktyabrskiy ROVD in Grozny. On their way


Prompt:
79.  On 5 April 2002 the local administration of Stariye Atagi (местная администрация села Старые Атаги) issued the applicants with a certificate confirming that their nine relatives and Mr Ismail Dzhamayev had been apprehended and taken away by federal military officers between 6 and 11 March 2002 and had then disappeared. The certificate was signed by the acting head of administration of Stariye Atagi and bore an official stamp of the administration. It read as follows:
“[The present] certificate is issued by the local administration of the village Stariye Atagi in respect of written applications by the village’s residents, whose children were apprehended and taken for passport check in the period between 6 and 10 March 2002 during the special operation conducted by the federal troops.
The local administration thereby confirms that: 1.  The following residents of Stariye Atagi were apprehended by the federal troops and taken to an unknown destination:
on 6 March 2002 –


Prompt: 7.  The first applicant, Mrs Brigid McCaughey, is the mother of Mr Martin McCaughey. She was born in 1934. The second and third applicants are the father and daughter of Mr Desmond Grew. They were born in 1923 and 1990, respectively. All the applicants live in County Tyrone. The case concerns the shooting of


Prompt: 20.  In a letter of 17 November 1999 the Plovdiv Regional Police Directorate once again informed the Plovdiv Regional Court that on 3 November 1999 it had received intelligence data that the applicant was intending to abscond. It also noted that without authorisation from


Prompt:
55.  As regards the events of 8 March 2005, Murdashev gave the following statement:
“On 8 March 2005 Maskhadov and Viskhan Khadzhimuradov and I were in the bunker under the house of Mr Yusupov. At around 9.30 a.m. we heard heavy footsteps on the ground above and thought that there were many people up there. We switched the light off. After about an hour the entrance was discovered, as there was a glimmer of light coming through the cover blocking access to the bunker. In a few minutes a few shots were fired at the cover from the outside. At this point I was on the floor (at the place marked ‘C’ on the sketch map I drew earlier). Maskhadov was on the trestle bed (at the place marked ‘A’ on the map).


Prompt: 85.  On 10 and on 28 February 2000, respectively, the district civil registration office issued death certificates for Lyuba Shakhayeva, aged 48, who had died on 5 February 2000 in Katyr-Yurt from piercing shell wounds to the abdomen, and for


Prompt: 35.  On 30 May 2001 seven forensic experts working for the Forensic Medicine Institute, acting on a request from the Şebinkarahisar Assize Court, concluded that the large number of injuries on Yılmaz Özcan's head, chest, back, arms and legs could not have been caused by jumping from a window or by falling down while running. According to these experts, the injuries had been caused close to the time of death or shortly before it, by hard objects such as stones, sticks, rifle butts or boots worn by military personnel, whereas the lesions on the back of the body had been caused by dragging the body on the floor. It was also established that


Prompt: 30.  On 24 October 2002 the first applicant spoke to Mr A.M, deputy head of the Ingushetia Government. The latter said that he had had a telephone conversation with the military commander of the headquarters of the federal forces at the military base in Khankala, Chechnya, who had informed him that Mr


Prompt: 99.  On 11 December 1996 Hüsna Acar filed a petition with the Ministry of the Interior, claiming that the Ambar villager Şakir Gün had extorted money and jewellery from her family in exchange for the release of her son


Prompt: 124.  On 1 June 2004 the investigation questioned Ms S., who had been trying to leave Grozny on 8 January 2000 together with Usman Mavluyev, the young man, Ms A.A., Ms L.G. and Ms R.G. She noted that at the Chernorechye checkpoint they had met an elderly woman called “Galina”, who had arrived there before them. At around 3 p.m. four servicemen had asked


Prompt: 5.  The applicants were born in 1950 and 1949 respectively. They live in Urus-Martan, Chechnya. The applicants are sisters-in-law; they are married to two brothers. The first applicant is the mother of


Prompt:
10.  On Saturday 21 January 2006, the newspaper De Telegraaf published on its front page an article couched in the following terms:
“AIVD secrets in possession of drugs mafia
Top criminals made use of information
By


Prompt: 51.  On 2 June 2009 the investigators questioned two officers of the Vedeno OVD, both of whom stated that the Vedeno OVD had not uncovered any information about a weapons transfer from Shali to Elistanzhi by Mr


Prompt: 57.  Between 14 and 17 October 1996 the daily newspapers Fileleftheros, Agon, Cyprus Mail, Alithia and Simerini reported the killing of Petros Kakoulli. The aforementioned newspapers extensively covered the impugned incident and reported the details of the killing of


Prompt: 48.  On 27 January 2003 the investigators questioned an officer of the ROVD, Mr U.S. He stated that on the night of 14 January 2003 he had been on duty at the police station. At about 5 a.m. the ROVD received information that unidentified armed men in Ural lorries and APCs had abducted five residents from Orekhova Street that is Aslambek and


Prompt: 162.  Sometime later the deputy military commander informed the applicants that Mr Moul Usumov had been released between 15 and 18 July 2001 along with the seven other detainees. Those individuals later confirmed that they had been detained together with Mr


Prompt: 19.  As the second claim had been dismissed on procedural grounds owing to the applicant company's failure to apply in the first instance to the tax authorities, the applicant company made a further claim for reparation, this time after following the prescribed procedure. To that end, it had sent


Prompt:
8.  In an article published in Novi list eight days later, on 27 September 2009, the applicant replied to the above criticisms. The relevant part of that article reads as follows:
“The mayor of Kostrena, M.U., has publicly criticised the current director of KD Kostrena for having disclosed information which should only have been discussed at the General Meeting and for the company’s poor performance, saying it does not engage in the type of business for which it was established.
‘They betrayed my trust by not believing me. I first informed my [political] party but there was no reaction. In particular, at a meeting held before the September session of the General Meeting [of the company] last year, I warned them of all the irregularities, the financial losses and the ruining of KD Kostrena’s business reputation. Then they asked me not to talk about it in the presence of D.G. [who was the only member of the company’s General Meeting from the ruling political party at the State level],’ says


Prompt:
37.  Lord Hope of Craighead, with whom all the other Law Lords agreed, explained his approach to the interpretation of “deprivation of liberty” as follows.
“23.  The application of Article 5 § 1 to measures of crowd control is an issue which does not appear so far to have been brought to the attention of the court in Strasbourg. So there is no direct guidance as to whether Article 5 § 1 is engaged where the police impose restrictions on movement for the sole purpose of protecting people from injury or avoiding serious damage to property. The need for measures of crowd control to be adopted in the public interest is not new, however. It is frequently necessary, for example, for such measures to be imposed at football matches to ensure that rival fans do not confront each other in situations that may lead to violence. Restrictions on movement may also be imposed by the police on motorists in the interests of road safety after an accident on a motorway, or to prevent local residents from coming too close to a fire or a terrorist incident. It is not without interest that it has not so far been suggested that restrictions of that kind will breach Article 5 § 1 so long as they are proportionate and not arbitrary. 24.  The restrictions that were imposed by the police cordon in this case may be thought, as compared with the examples that I have just mentioned, to have been greater in degree and intensity. But Lord Pannick QC for the respondent submitted that one could not sensibly ignore the purpose of the restriction or the circumstances. Detention in the paradigm sense was not in the minds of anyone. There would have been no question of there being a deprivation of liberty if the cordon had remained in place for only twenty minutes. The fact that it remained in place for much longer ought to make no difference, as the fact that it was not possible to release everyone from the cordon earlier was due to circumstances that were beyond the control of the police. This was a case, he said, where the answer to the question whether what was done was within the scope of Article 5 § 1 was to be determined by striking a fair balance between the rights of the individual and the interests of society. It was, of course, necessary to give full effect to the fact that Article 5 was a fundamental right whose importance was paramount. But the fact that infringement was not open to justification except in the cases listed in sub-paragraphs (a) to (f) pointed to the need for care to be taken to identify the limits of its application. 25.  Ms Williams QC for the appellant, on the other hand, said that the purpose for which the measure was employed was irrelevant. The fact that it was a necessary response and was proportionate was a pre-condition for establishing the measure’s legality for the purpose of sub-paragraphs (a) to (f) of Article 5 § 1. But it went no further than that. There was no balance to be struck when consideration was being given to the initial question whether Article 5 § 1 applied to the measures adopted by the police. Questions of purpose and balance only arose when consideration was being given to the cases listed in sub-paragraphs (a) to (f).
Is purpose relevant? 26.  The decision whether there was deprivation of liberty is, of course, highly sensitive to the facts of each case. Little value can be derived therefore from decisions on the application of Article 5 that depend entirely on their own facts. But they are of value where they can be said to illustrate issues of principle. In the present context some assistance is to be derived from the cases as to the extent to which regard can be had to the aim or purpose of the measure in question when consideration is being given as to whether it is within the ambit of Article 5 § 1 at all. 27.  If purpose is relevant, it must be to enable a balance to be struck between what the restriction seeks to achieve and the interests of the individual. The proposition that there is a balance to be struck at the initial stage when the scope of the Article is being considered was not mentioned in Engel v The Netherlands (No 1) (1976) 1 EHRR 647 or Guzzardi v Italy (1980) 3 EHRR 333. Nor can it be said to be based on anything that is to be found in the wording of the Article. But I think that there are sufficient indications elsewhere in the court’s case-law that the question of balance is inherent in the concepts that are enshrined in the Convention and that they have a part to play when consideration is being given to the scope of the first rank of fundamental rights that protect the physical security of the individual.”
Lord Hope then reviewed a number of judgments and decisions of the Court and Commission, including X. v. the Federal Republic of Germany, no. 8819/79, Commission decision of 19 March 1981, Decisions and Reports (DR) 24, p. 158; Guenat v. Switzerland, no. 24722/94, Commission decision of 10 April 1995, DR 81-B, p. 130; H.M. v. Switzerland, no. 39187/98, ECHR 2002‑II; Nielsen v. Denmark, 28 November 1988, Series A no. 144; Soering v. the United Kingdom, 7 July 1989, Series A no. 161; O’Halloran and Francis v. the United Kingdom [GC], nos. 15809/02 and 25624/02, ECHR 2007‑III; and N. v. the United Kingdom [GC], no. 26565/05, ECHR 2008. He concluded:
“34.  I would hold therefore that there is room, even in the case of fundamental rights as to whose application no restriction or limitation is permitted by the Convention, for a pragmatic approach to be taken which takes full account of all the circumstances. No reference is made in Article 5 to the interests of public safety or the protection of public order as one of the cases in which a person may be deprived of his liberty. This is in sharp contrast to Article 10 § 2, which expressly qualifies the right to freedom of expression in these respects. But the importance that must be attached in the context of Article 5 to measures taken in the interests of public safety is indicated by Article 2 of the Convention, as the lives of persons affected by mob violence may be at risk if measures of crowd control cannot be adopted by the police. This is a situation where a search for a fair balance is necessary if these competing fundamental rights are to be reconciled with each other. The ambit that is given to Article 5 as to measures of crowd control must, of course, take account of the rights of the individual as well as the interests of the community. So any steps that are taken must be resorted to in good faith and must be proportionate to the situation which has made the measures necessary. This is essential to preserve the fundamental principle that anything that is done which affects a person’s right to liberty must not be arbitrary. If these requirements are met however it will be proper to conclude that measures of crowd control that are undertaken in the interests of the community will not infringe the Article 5 rights of individual members of the crowd whose freedom of movement is restricted by them.”
Lord Neuberger of Abbotsbury agreed that there had been no deprivation of liberty, and observed as follows.
“58.  The police are under a duty to keep the peace when a riot is threatened, and to take reasonable steps to prevent serious public disorder, especially if it involves violence to individuals and property. Any sensible person living in a modern democracy would reasonably expect to be confined, or at least accept that it was proper that she could be confined, within a limited space by the police, in some circumstances. Thus, if a deranged or drunk person was on the loose with a gun in a building, the police would be entitled, indeed expected, to ensure that, possibly for many hours, members of the public were confined to where they were, even if it was in a pretty small room with a number of other people. Equally, where there are groups of supporters of opposing teams at a football match, the police routinely, and obviously properly, ensure that, in order to avoid violence and mayhem, the two groups are kept apart; this often involves confining one or both of the groups within a relatively small space for a not insignificant period. Or if there is an accident on a motorway, it is common, and again proper, for the police to require drivers and passengers to remain in their stationary motor vehicles, often for more than an hour or two. In all such cases, the police would be confining individuals for their own protection and to prevent violence to people or property. 59.  So, too, as I see it, where there is a demonstration, particularly one attended by a justified expectation of substantial disorder and violence, the police must be expected, indeed sometimes required, to take steps to ensure that such disorder and violence do not occur, or, at least, are confined to a minimum. Such steps must often involve restraining the movement of the demonstrators, and sometimes of those members of the public unintentionally caught up in the demonstration. In some instances, that must involve people being confined to a relatively small space for some time. 60.  In such cases, it seems to me unrealistic to contend that Article 5 can come into play at all, provided, and it is a very important proviso, that the actions of the police are proportionate and reasonable, and any confinement is restricted to a reasonable minimum, as to discomfort and as to time, as is necessary for the relevant purpose, namely the prevention of serious public disorder and violence. 61.  It was suggested on behalf of the appellant that, at any rate in some of the examples I have given, consent to being confined could be imputed to the people concerned. I am not sure that that is a satisfactory analysis, not least because, unless the consent is to be treated as being involuntary or irrebuttably deemed to be given, it would not deal with the case of a person who informed the police that he objected to being confined. However, if imputed consent is an appropriate basis for justifying confinement for Article 5 purposes, then it seems to me that the confinement in the present case could be justified on the basis that anyone on the streets, particularly on a demonstration with a well-known risk of serious violence, must be taken to be consenting to the possibility of being confined by the police, if it is a reasonable and proportionate way of preventing serious public disorder and violence. 62.  So, in agreement with the Court of Appeal, I would hold that, in the light of the findings of the Judge, as summarised in para [57] above, the actions of the police in the present case did not give rise to any infringement of the appellant’s Article 5 rights. The feature of the present case which gives particular cause for concern is the length of the period of confinement, nearly seven hours. However, having reached the conclusion that reasonable and proportionate constraint, which is requisite to prevent serious public disorder and violence, does not infringe Article 5, it seems to me hard to contend that the mere fact that the period of constraint was unusually long can, of itself, convert a situation which would otherwise not be within the ambit of Article 5 into one which is. I think that some support for that view can be found in cases where it has been held that detention in prison is not taken out of Article 5 because it was only for a short time – see e.g. Novotka v Slovakia (Application No 47244/99) 4 November 2003. 63.  As already indicated, it appears to me that the intention of the police is relevant, particularly in a non-paradigm case, such as this, and where the intention is manifest from the external circumstances. If it transpired, for instance, that the police had maintained the cordon, beyond the time necessary for crowd control, in order to punish, or ‘to teach a lesson’ to, the demonstrators within the cordon, then it seems to me that very different considerations would arise. In such circumstances, I would have thought that there would have been a powerful argument for saying that the maintenance of the cordon did amount to a detention within the meaning of Article 5. However, as is apparent from the clear and careful findings made by the Judge, which have quite rightly not been challenged on appeal, there could be no question of such a contention being raised in the present case. 64.  Furthermore, it is worth bearing in mind that, at least as I see it, if the restraint in the present case did amount to detention within Article 5, it would not be possible for the police to justify the detention under the exceptions in paras (b) or (c), not least because of the reasoning of the European Court in Lawless v Ireland (No 3) (1961) 1 EHRR 15. I consider that the fact that the restraint in the present case could not be justified under any of the exceptions in paras (a) to (f) supports the contention that the constraint did not amount to detention within Article 5 at all. It would appear to me to be very odd if it was not open to the police to act as they did in the instant circumstances, without infringing the Article 5 rights of those who were constrained.”
Lord Carswell agreed with Lord Hope, and Lord


Prompt: 106.  Between 5 a.m. and 6 a.m. on 5 November 2002 a group of armed men in camouflage uniforms broke into the applicants’ house in Achkhoy‑Martan. Those who were unmasked were of Slavic appearance. They spoke Russian. The men locked the first applicant, her husband and their relatives in one room. Then, after searching the house, they dragged Mr


Prompt:
35.  On 12 January 2004 the court sentenced the first applicant conditionally to two years' imprisonment for a fraud committed previously in concert with another person(s). Judge K., who considered the case, found that the first applicant together with “another person” had abused the trust of L.'s secretary and removed a photocopier worth UAH 8,350 and related materials (paper and toner) worth UAH 1,960, the overall value thus being UAH 10,310. In finding so the court stated that:

“On 6 May 1998 in the afternoon, [the first applicant], by a prior arrangement with another person [...] misappropriated a photocopier which belonged to L.”

...
“The court has doubts as to the statements by the accused,


Prompt:
35.  On 20 April 2006 the garrison military prosecutor’s office again decided to discontinue criminal case no. 14/03/0335-05 owing to the absence of the constituent elements of a crime in V.T.’s actions. The decision read as follows:
“At about 4 p.m. on 28 December 2004, in Vladikavkaz airport in the town of Beslan ..., Mr [V.T.], officer of the [North Ossetia] FSB department, deputy head of Vladikavkaz airport and head of the airport security services, was approached by two persons in light-coloured camouflage uniforms. [They] identified themselves as officers of the [RUBOP] and produced their service ID documents [служебные удостоверения] showing that they were colonels in the above-mentioned department. [V.T.] had no doubts about the authenticity of those documents. Following a request by those persons and in accordance with the applicable regulations on access control in airports ..., [V.T.] took them to the airport security zone. An airport police officer there, Mr Ts., took [Mr


Prompt:
23.  The published article read:
“As regards the encyclical 'The Splendour of Truth'
The obscurity of error...
John Paul II's new encyclical, 'The Splendour of Truth', concerns the basis of moral theology from the perspective of Catholic teaching. It is intended to provide the faithful with answers to the questions put to Jesus by a young man in a New Testament parable: What good thing shall I do, that I may have eternal life?
Unfortunately, from the point of view of other religions and from the Jewish perspective, the Pope's text is based on two types of assertion: 1.  The Catholic Church sets itself up as the sole keeper of divine truth and assumes the 'duty' of disseminating its doctrine as the sole universal teaching. 2.  It strongly proclaims the fulfilment of the Old Covenant in the New and the superiority of the latter, a doctrine which propagates 'the teaching of contempt' for the Jews, long since condemned by


Prompt: 9.  The servicemen locked the applicant in one of the rooms and woke up Timur Khambulatov. Then, without producing any warrant, they searched the house. They found a bottle-shaped object wrapped in foil and asked


Prompt: 91.  New partial routing decisions were taken in the course of 1998. An appeal lodged by Mettler Toledo B.V. was declared inadmissible by the Administrative Jurisdiction Division on 16 April 1999. The appeal lodged by Sterk Technisch Adviesbureau B.V. was dismissed by the Administrative Jurisdiction Division on 25 October 1999. The appeals lodged by Kleijn Financierings- en Leasemaatschappij B.V., Exploitatiemaatschappij De Zeiving B.V., Ms


Prompt: 126.  In December 2007 and January 2008 district investigation departments of the Chechnya prosecutor’s office submitted that the district law-enforcement authorities had not brought criminal proceedings against


Prompt: 297.  The first, second, third, fourth and fifth applicants are the sons of Mr Imran Dashtayev, who was born in 1955; the sixth applicant is his wife. The seventh and eighth applicants are the parents of Mr


Prompt: 37.  On 4 July 2008 the applicants Rıza Çiçek, Güler Karataş, Bıra Karataş and the tenth applicant’s mother filed an objection against the prosecutor’s decision. In their objection they repeated their allegation that the soldiers had unlawfully opened fire with the intention of killing


Prompt: 27.  On 16 November 2009 the Leninskiy investigation department opened a criminal investigation into Ms Zarema Gaysanova’s abduction under Article 126 § 2 of the Criminal Code (aggravated abduction). The case file was given the number 66094. The decision stated that from the applicant’s complaint lodged on 5 November 2009 it appeared that at about 5.30 p.m. on 31 October 2009 unidentified persons in camouflage uniforms driving a UAZ vehicle had abducted Ms


Prompt: 35.  On various dates between November 2009 and May 2010 the investigators questioned a number of the applicant’s neighbours. Most of them confirmed that a special operation had taken place on Second Darvina Lane on 31 October 2009 and that the area had been sealed off by the security forces, but denied having seen Ms


Prompt: 15.   In support of their statements the applicants submitted the following documents: two witness accounts provided by the third applicant, dated 23 November 2004 and 17 June 2005; a witness account by the eighth applicant dated 16 June 2005 and a hand-drawn plan of


Prompt: 140.  The fourteenth applicant was questioned on 28 May 2003, 17 December 2004 and 14 April 2007. She made similar submissions to those of the seventh and ninth applicants, recalling that the intruders had Slavic features and had worn uniforms with chevrons of the Ministry of the Interior. She added that a large number of other military vehicles had been parked in the vicinity of their house on the day of the abduction. When the APCs with


Prompt:
63.  On 28 July 2011 the Deputy Prosecutor General of Ukraine issued a decision refusing the request for the applicant’s extradition. In particular, it was noted that according to the outcome of the extradition inquiry there were no grounds preventing the applicant’s extradition under the Minsk Convention. However, the Deputy Prosecutor General further noted that:
“...
According to the conclusions of [the Organisation for Security and Co-operation in Europe], the Council of Europe, the European Union, and of a number of international organisations, the human rights situation in Belarus has significantly worsened since the December 2010 presidential election [in that country].
In these circumstances, it was not possible to exclude a risk of violation of the rights of


Prompt: 15.  On appeal to the Migration Court (Migrationsdomstolen), the applicants were heard on 17 June 2009 in the presence of an interpreter and their legal counsel. The first applicant had stated that he had heard about


Prompt: 49.  According to the Government, the investigators also requested information from various law enforcement agencies in Chechnya concerning the disappearance of the Bantayev brothers. The Temporary Operational Troops of the Ministry of the Interior in Chechnya (временная оперативная группировка МВД РФ в Чечне), the Chechnya FSB and the Northern-Caucasus Operational Headquarters of Ministry of the Interior (Северокавказское оперативное управление МВД РФ) and other agencies submitted that they had no information concerning the whereabouts of the Bantayev brothers. Law enforcement agencies in Chechnya informed the investigators that their agents had not detained


Prompt: 66.  The decision further referred to the statements of four residents of Sernovodsk, including Apti Isigov's cousin Rustam Isigov (who had been detained on 2 July 2001), all of whom had stated that they had seen the applicants' two relatives delivered to the passport checkpoint on the outskirts of Sernovodsk. The first applicant and


Prompt: 62.  On 24 June 2005 the investigating authorities questioned T. M., the applicant’s neighbour. She submitted that at approximately 4 a. m. she had heard the sound of engines and had gone outside. Near 148 Klyuchevaya Street she had seen servicemen in camouflage uniform and had returned home. Later she had learnt that the servicemen had taken


Prompt: 78.  On 10 August 2009 the investigators questioned Mr Sh.Ts., who confirmed his previous statements (see paragraph 63 above) and added that after the abduction, in the basement of the Oktyabrskiy VOVD, he had seen


Prompt: 7.  On 17 December 2008 the Portuguese-language newspaper Contacto Semanário (hereafter “Contacto”), published by the applicant company in Luxembourg, printed an article describing the situation of families who had lost custody of their children. The Central Social Welfare Department (SCAS) had allegedly instigated the withdrawal of custody in the cases concerned. The journalist reported on the case of two teenagers and the social worker dealing with their case, providing names. The teenage girl had reportedly suffered attempted rape and the teenage boy had allegedly burnt a friend with a cigarette. The article had been signed “


Prompt: 14.  In February 1994, the applicant went to the Kulp Magistrate’s Court together with Ahmet Altun and Mustafa Aldemir to lodge a petition about the burning of his house. All three of them submitted handwritten petitions to the judge and requested him to conduct a visit to the village to establish the damage they had suffered. The judge however refused their request for security reasons. The same day, the applicant and the two other villagers were called to the public prosecutor’s office in Kulp, where they were interrogated about their complaints. The public prosecutor took their statements and typed down their complaints. The applicant,


Prompt:
22.  The third document was a study entitled “Compulsory classes in religious culture and ethics: between pluralist ‘supra-denominationalism’ and majority confessionalism”. It was prepared in January 2013 by A. Yaman, professor at Abant İzzet Baysal University and Chair of Political History, who is also an Alevi leader, more specifically a dede (religious and spiritual leader). The parts of relevance to the present case read as follows:
“...The syllabus for the compulsory classes poses the greatest difficulties for Alevis, as the course content and the training given to the teachers are not compatible with the Alevi approach. The teaching is dispensed by staff whose background is in Sunni beliefs and culture and who are graduates of the imam-hatip (imam and preacher) schools or the faculties of theology, where they follow a curriculum [in line with Sunni beliefs and culture]. Such an arrangement may be regarded as suited to the needs of Sunni citizens ... but it can hardly be acceptable for the same syllabus to be taught to Alevis. It is clear from recent developments that the argument that the course content is ‘supra-denominational’ is false. In that connection, why is it that the textbooks which in 2005 were supposedly ‘supra-denominational’ were amended in 2008 and 2011, with passages on the Alevis being added following the meetings? One particular – and admittedly perfectly respectable – school of religious thought predominates in this course, and the Alevi faith is not adequately represented. Alevi children are caught in a stranglehold between the information they receive at school and that which is handed down by their families. Furthermore, problems arise with certain teachers ...
...
Taking into account the proposals made by the commission [responsible for revising the content of the syllabus] which was set up following the workshops on Alevi issues (Alevi calıştayları) – and some of whose meetings I myself attended – a collection of the proposed amendments to the textbooks was sent to


Prompt: 37.  During the first ten minutes of the raid on dormitory no. 4, prisoners Halil Türker and Abuzer Çat (relatives of the applicants Selame Türker and Hasan and Hüseyin Çat) were killed; their bodies were found in the dormitory no. 4 living area.


Prompt:
12.  On 31 May 2011 the Regional Court decided that the applicant had violated Z.M.’s personal rights and ordered that he send a statement by post to the district mayor, the Tomaszów Mazowiecki Commune Office (Urząd Gminy w Tomaszowie Mazowieckim) and Z.M. stating:
“I,


Prompt: 15.  The applicants submitted a statement by their neighbour Ms Sh. On 7 November 2002 at about 3 a.m. she heard the dogs barking and looked out of the window at the street. She saw a line of armed people walking in the street from the Malsagovs’ house towards Magomed-Merzoyeva Street. There were about ten of them, wearing camouflage uniforms and masks. Then everything went quiet. In the morning the witness learnt that the military had taken


Prompt: 54.  On 11 October and on 10 November 2006 Kheda Aydamirova, the wife of Kazbek Vakhayev, was questioned. She confirmed her previous statements and identified, on the basis of the video footage, one of the bodies found near the village of Goy-Chu as


Prompt: 33.  On 7 April 2004 S., an official from the Urus-Martan Department of the Ministry of the Interior of the Chechen Republic, sent the first applicant a letter informing him that inquiries concerning the whereabouts of his son had been sent to the Departments responsible for the Execution of Sentences of the Chechen Republic and of other regions of the Northern Caucasus and to the Main Information Centre of the Ministry of the Interior in Moscow. A profile of Mr


Prompt: 39.  On 23 March 2004 the investigators questioned Mr A.B., an officer of the Naurskiy OVD, who stated that at about 8.15 a. m. on 18 March 2004 he had arrived at work and had seen in his office his colleague Mr V.T., who was writing down the statement given by


Prompt:
99.  The same issue of the newspaper contained a declaration by the Head of the Sabail District Police Office, denouncing the opposition. The following was stated:
“On 15 and 16 October 2003 certain riotous anarchist and extreme reactionary groups, following direct orders by Isa Gambar,


Prompt:
50.  It appears from the applicant’s observations submitted to the Court in reply to the Government’s observations that the Working Group on Arbitrary Detention of the Human Rights Council of the United Nations (“the Working Group on Arbitrary Detention”) delivered its opinion no. 59/2013 concerning the applicant’s pre-trial detention on 22 November 2013. The relevant part of the opinion reads as follows:
“2.  The Working Group regards deprivation of liberty as arbitrary in the following cases:
(a) When it is clearly impossible to invoke any legal basis justifying the deprivation of liberty (as when a person is kept in detention after the completion of his or her sentence or despite an amnesty law applicable to the detainee) (category I);
(b) When the deprivation of liberty results from the exercise of the rights or freedoms guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of Human Rights and, insofar as States parties are concerned, by articles 12, 18, 19, 21, 22, 25, 26 and 27 of the International Covenant on Civil and Political Rights (category II);
(c) When the total or partial non-observance of the international norms relating to the right to a fair trial, established in the Universal Declaration of Human Rights and in the relevant international instruments accepted by the States concerned, is of such gravity as to give the deprivation of liberty an arbitrary character (category III);
(d) When asylum seekers, immigrants or refugees are subjected to prolonged administrative custody without the possibility of administrative or judicial review or remedy (category IV);
(e) When the deprivation of liberty constitutes a violation of international law for reasons of discrimination based on birth; national, ethnic or social origin; language; religion; economic condition; political or other opinion; gender; sexual orientation; or disability or other status, and which aims towards or can result in ignoring the equality of human rights (category V).
Submissions
Communication from the source 4.


Prompt:
55.  On 1 October 2004 the Zhovtnevy Court, acting on a complaint lodged by the applicant’s lawyer, quashed that decision and ordered further investigations, pointing out the following irregularities:
- failure to take account of the submissions of the applicant’s mother concerning the applicant’s state of health in July-August 2002;
- failure to measure the lawfulness and reasonableness of the guards’ conduct against the legal principle prohibiting degrading treatment;
- failure to determine whether the applicant’s misbehaviour constituted a breach of prison rules that warranted his placement in a disciplinary cell;
- failure to consider the proportionality of the force used;
- the fact that the investigation was conducted by


Prompt:
15.  The court held, in particular:
“The defendant, Müslüm Gündüz, took part in his capacity as the leader of the Aczmendis in a television programme, Ceviz Kabuğu, broadcast live on the independent channel HBB. The purpose of the programme was to give a presentation of the community, whose followers had attracted public attention on account of the black robes they wore, the sticks they carried and their manner of chanting. Those taking part included the stylist


Prompt: 9.  On 7 September 1998 the applicant’s brother was posted to sentry duty. At about 12.30 p.m. he was seriously wounded by one bullet and he was immediately taken to the Çanakkale Military Hospital, where he was operated upon. At 5 p.m. the same day,


Prompt: 65.  On 12 June 2004 the Russian military carried out a sweeping operation in the village of Goy-Chu. T.I. and the second applicant were seized and taken to a military base where the servicemen questioned them about ball bearings found in their house. Timur and


Prompt: 27.  In December 2000 Mr Tsartsidze transmitted to the investigative authorities two audiotapes, alleging that they contained a recording of a conversation between him and Mr Grigolashvili, made without the latter’s knowledge, on 19 September 2000. The conversation concerned the events of 7 and 8 August 2000. During the conversation Mr


Prompt:
12.  Before the three-member panel of the Athens Court of Appeal (“the Court of Appeal”), the applicant submitted that his trial for slander should have been suspended pursuant to Article 366 § 2 of the Criminal Code or, in any event, that it should have been adjourned in respect of all the charges, pursuant to Article 59 § 2 of the Code of Criminal Procedure. At a hearing on 25 May 2009 the Court of Appeal dismissed the applicant’s application to suspend or adjourn the trial and proceeded to examine C.T.’s criminal complaint. In particular, it held the following:
“... Following this, the party who had filed the criminal complaint,


Prompt: 49.  On 30 March 2006 the second applicant and two other members of Ilinden notified the Mayor of Sandanski that the organisation intended to stage a rally between 10 a.m. and 3 p.m. on 23 April 2006 at the grave of


Prompt:
19.  The first certificate, issued on 3 September 2008 by Dr K. Papakiriakou, director of the surgical department of Larnaca General Hospital, reads as follows:
“Based on the hospital's medical records of


Prompt: 44.  Law enforcement agencies of the Chechen Republic and the North Caucasus Area replied to the district prosecutor's office's queries that Movsar Tagirov had not been arrested, that no criminal proceeding had been instituted against him and that he had not been suspected of participation in illegal armed groups.


Prompt:
33.  An anonymous witness referred to as “Defne” made several statements to the Kahramanmaras and Ankara public prosecutors’ offices.
In her statements of 4 August 2016 the witness said the following:
“... I was appointed as a rapporteur at the Constitutional Court. While I was working at the Constitutional Court, we kept seeing friends who belonged to this structure [the FETÖ/PDY organisation] ... There, I noticed that certain files were monitored ... Some practices came to my notice; for instance, applications relating to the election threshold and the funding of political parties ... were monitored by the rapporteurs and members [of the Constitutional Court] belonging to the FETÖ/PDY organisation. After such applications were lodged, [these rapporteurs and members of the Constitutional Court] started to keep track of the cases by enquiring about their outcome. The ones monitoring these cases were


Prompt: 17.  Asked to describe his departure from the DRC, the applicant stated that he had left Kinshasa by boat to go to the airport in Brazzaville (the Republic of Congo) on 17 May 1997. At the end of June 1997 he had continued by train to Point Noir and from there by boat to Cabinda in Angola. There he had been staying for three months in order to acquire an Angolan identity card; he had been living in a house owned by a local. He had then travelled to Luanda by plane; he had run into some difficulties as he had not been speaking Portuguese; he had been arrested but had been allowed to continue his journey after he had paid some money. He had stayed in Luanda in the Petragol neighbourhood for one month, following which he had been detained in the Viana prison for three months (in October 1997), the authorities having taken him for a soldier in Mobutu’s forces as he had been unable to speak Portuguese. During his detention a rifle had been used to hit him in the shoulder and he had been forced to dig graves. In 1998 he had been transferred to an army prison in Bengela, where he had spent a further five months. Prisoners had been forced to take part in armed fighting but the applicant had managed to avoid this due to his injured and infected shoulder. The fighting had occurred at the diamond mines where Angolan rebels (the Savimbi guerrilla) had been fighting President


Prompt: 133.  The court then noted that the statements of ten police officers, including five of the six alleged victims of crime (see paragraphs 47-48 above) and witnesses R.N., I.M. and R.B. (see paragraphs 52-56 above) indicated that between about 4 p.m. and 5 p.m. on 24 January 2013 there was mass disorder in front of the building of the Regional Education Department and that the applicant and


Prompt: 52.  On an unspecified date the investigators questioned the applicant and his wife, who stated that in 1998 they had learnt from a Mr A.Kh., who had been released from a detention centre, that their son


Prompt:
45.  On the same date, the State Attorney’s Office indicted G.M. and M.T. in the Dubrovnik Municipal Court (Općinski sud u Dubrovniku) on charges of violent behaviour. The relevant part of the indictment reads:
“... on 19 December 2010, at around 3.00 a.m., in Dubrovnik, in bar C., based on a previous agreement, for no particular reason and in order to act violently, together with other unidentified persons, G.M. approached


Prompt: 101.  A number of members and supporters of Ilinden gathered in front of the American University in Blagoevgrad at about 4.40 p.m. on 12 September 2008. They carried two posters saying “UMO Ilinden” and “12 September – Day of the Genocide of the Macedonians of Bulgaria”. Several uniformed and plain-clothes police officers appeared on the scene ten minutes later. One officer told the participants that if they carried posters “which are against Bulgaria” the posters would be taken away. After that the police seized the second poster. The participants in the rally then headed towards Macedonia Square. On the way there, two men threatened one of the participants in the rally, saying “we will now fine you 200 [Bulgarian] levs each, I know your sons, we will fire them from work ...”. In Macedonia Square the members of Ilinden stood in front of


Prompt:
29.  In a letter of 15 October 2002, the Aliens Office advised Crown Counsel of its views on the application for the second applicant’s release:
“... the enquiries have enabled the person concerned’s family to be located in Kinshasa. In view of the positive results of the enquiries as a whole, a flight has already been arranged for Thursday 17 October 2002. The child will be met at Kinshasa by her family. A representative from our embassy will also be present. Lastly, we would note that the sole responsibility for the length of the applicant’s detention lies with her uncle, who has been uncooperative and has studiously avoided giving the Aliens Office the family’s address. Accordingly, in the child’s own interest, she should remain in detention until Thursday 17 October 2002, when she can be returned to her own family in Kinshasa.”
On the same day, after receiving confirmation from the Aliens Office that the child was to be removed, the Belgian embassy official in Kinshasa informed B. in the following letter, which was sent by recorded delivery:
“Dear Sir,
I wish to confirm the message which the embassy has received from the Department in Brussels, namely, the return of your niece


Prompt: 40.  By letters of 4 and 12 August 2003 the republican prosecutor's office replied to the first applicant's enquiries and informed her that her complaints had been appended to the criminal case file no. 59232 and that operational measures aimed at establishing


Prompt: 77.  Around 1 p.m. on 29 September 2004 Mr Arbi Isiyev left his home in Argun to visit his aunt, who lived in the same town. When Mr Arbi Isiyev was walking down Gudermesskaya Street, several service personnel in camouflage uniforms and balaclavas forced him into a white GAZ-3110 car and took him to an unknown destination. Mr


Prompt: 120.  The witness took the applicant's statement on the evening of 7 July, after she had returned from Turkey. The applicant expressed her opinion that the killing of her husband was connected to the articles he had written about the St Barnabas incident. According to the applicant, the head of the Civil Defence Organisation, Mr


Prompt:
17.  On 25 April 2016 the City Court quashed the judgment of 23 November 2015 and ordered the applicant’s eviction from the flat. The City Court held as follows:
“...
The owner of the flat in question, Mr


Prompt: 42.  On various dates in December 2012 the investigators received replies from the mobile telephone companies, according to which between 2008 and 2012 multiple mobile telephone numbers had been registered in the name of Mr


Prompt: 350.  On 16 December 2011 the applicant stated that her son had fought against the Russian federal forces during the first Chechen war and had left Chechnya at the end of the war. In January 2004 he had returned and on 24 February 2004 he had gone to Grozny to visit his friend,


Prompt:
48.  On 16 November 2007, after the applicant had been indicted in the Split County Court, a three-judge panel of that court extended the applicant’s detention, again under Article 102 § 1(3) and (4) of the Code of Criminal Procedure (risk of reoffending and gravity of charges). The relevant part of the decision reads:
“The criminal record ... shows that the accused ...


Prompt: 56.  On 10 August 2010 the investigator in charge of the case suspended the preliminary investigation for failure to establish the identity of the alleged perpetrators. It was stressed that the investigation had followed two possible versions of the incident in question: that the reason for abduction could had been a blood feud or hostility towards


Prompt:
37.  On 6 February 2004 the district prosecutor’s office quashed the decision to suspend the investigation and reopened the criminal proceedings. The decision stated, inter alia:
“...[the investigators] failed to question witnesses Mrs L.B., Mr R.G., who was born in 1964, Mr I.Sh. and Mr S.V...
It is necessary [for the investigators] to identify and question the persons who saw the car and armoured vehicles used by the unidentified persons who arrived at


Prompt: 10.  Having searched the house, the servicemen ordered the applicant's daughters, Luiza and Madina, to put on warm clothing as they were being taken to the vehicles for questioning. The applicant's younger daughter, fifteen-year old Madina, started crying. One of the masked servicemen told her: “Do not be afraid; we will just question you and will let you go. I promise that nothing will happen to you.” Before leaving the house,


Prompt: 27.  The witness, who is the applicant’s wife, was in the village of Akdoruk at the time of the incident. She explained that after her husband had gone to the fields early in the morning, a large number of soldiers arrived in the village on foot. The soldiers had a list in their hands and they read out the names of certain villagers, including the applicant’s. Thereafter, they threw a sort of flammable material towards their house and the stable which caught alight. She tried to save the animals but was stopped by the soldiers. She believed that the soldiers had burned down the houses because the villagers had refused to become village guards. The witness further stated that


Prompt: 11.  The applicant submitted that law-enforcement agents had searched his house again on 31 October 2008 and 5 January 2009. On the first occasion they had looked for weapons but had not found anything. On the second occasion, the search had been conducted at 3 a.m. and the applicant and his family had been requested to present their passports. Mr


Prompt: 188.  He did not recall ever being contacted by any prosecutor asking about the disappearance of the Orhans  and he denied any knowledge of any investigation despite being shown the letter of 9 May 1997 from the Kulp District Governor to the Provincial Governor (see paragraph 84 above). He did not recall


Prompt:
12.  The newspaper responded with further articles.
On 5 February 2001 the newspaper published an article headed, in large letters, “Pathetic”. Below was a photograph of Ms Campbell over the caption “Help: Naomi leaves Narcotics Anonymous meeting last week after receiving therapy in her battle against illegal drugs”. This photograph was similar to the street scene picture published on 1 February. The text of the article was headed “After years of self-publicity and illegal drug abuse,


Prompt: 47.  Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide (see, amongst many others,


Prompt: 141.  On 29 September 2004 the investigators questioned Mr B.V., an eyewitness to the abduction. He said that the abductors had been armed with automatic firearms and had been wearing camouflage uniforms. They had arrived in one white GAZelle minivan, one beige VAZ 2106 car and three camouflaged UAZ vehicles. They had seized Mr


Prompt:
8.  On the same day the applicants were examined by a doctor at the Forensic Medicine Institute who noted the following marks on their bodies:
–Durmuş Kurt: one yellow and one green lesion of 2 x 2 cm on the right shoulder, a lesion of 3 x 0,5 cm on the inner part of the upper arm. The doctor certified him unfit for work for three days.
–


Prompt: 62.  On 6 December 2005 the American Civil Liberties Union (ACLU) filed a claim on behalf of the applicant in the US District Court for the Eastern District of Virginia against a number of defendants, including the former CIA Director


Prompt: 11.  At about 1 a.m. on 12 February 2001 Mr I. was sleeping at his home. Around twenty-five masked men in camouflage uniforms armed with sniper rifles entered his courtyard; seven of them proceeded to his house. The armed men spoke Russian without accent. They ordered Mr I. to get dressed and took him outside. The armed men searched and handcuffed Mr I. Some ten minutes later a Ural vehicle and two UAZ vehicles arrived. The armed men covered Mr I.’s eyes with a cap and then fastened it with adhesive tape. However, Mr I. could see a little through holes. The armed men were putting Mr I. inside the Ural vehicle when he saw


Prompt:
6.  The applicants are:
1) Ms Zaynap Zhazhayevna Tagirova, born in 1950;
2) Mr Taus Daudovich Tagirov, born in 1950;
3) Mr Musa Tausovich Tagirov, born in 1982;
4) Ms Zarema Abdullayevna Bazayeva[1], born in 1983;
5) Ms


Prompt: 53.  On 12 August 2005 the investigators questioned Mr Sup.S. who stated that on 27 February 2000 he and fourteen other residents of Gikalo had been taken to the Oktyabrskiy district military commander's office, then to Khankala, then to the SIZO (the detention centre) in Chernokozovo where he had been detained until 19 May 2000. According to the witness, his brother Mr Sul.S. and


Prompt:
9.  After the extensive information campaign explaining the available options for the settlement of the Republika Srpska’s public debt (including its debt arising from domestic judgments), between 26 April 2007 and 13 May 2011 some of the applicants informed the authorities that they agreed to be paid only the legal costs in cash and the principal debt and default interest in bonds. Government bonds were then issued on the following dates to the following applicants:
(i)  on 15 December 2008 to Mr


Prompt: 19.  On 22 August 2002 the head of the administration of the Urus-Martan District informed the second applicant that the district prosecutor's office had opened an investigation of the kidnapping of her son, and that all possible steps were being taken to establish


Prompt: 6.  On 2 June 1995 Nedim Öndeş, Arap Doğan, Ferhan Özçelik and Selhan Tekin were arrested and taken into custody by the Anti-Terror branch of the İzmir Security Directorate on suspicion of aiding and abetting an illegal organisation. On 6 June 1995


Prompt: 16.  By decision of 16 January 2003 the district prosecutor's office admitted the first applicant as a victim to the criminal proceedings in case no. 34003 instituted on 31 January 2003 in relation to


Prompt: 6.  It would appear from the case file that the salient fact in the domestic proceedings was the applicant’s association with the mujahedin in Bosnia and Herzegovina (“BH”)[1]. The term mujahedin has been widely used to refer to foreigners – mainly from the Arab world – who came to BH during the war in support of Bosnian Muslims[2]. However, the same term has been used to describe local Muslims who joined the foreign mujahedin, endorsed their ideology and adjusted to their way of dressing. The phenomenon has been explained by the International Criminal Tribunal for the former Yugoslavia (“ICTY”) in


Prompt:
48.  The Government also submitted to the Court a decision dated 10 May 2004 to open a new criminal investigation file no. 34/00/016-04 against persons unknown for the kidnapping of Mr Akhmadov. This file had become separated from the investigation file no. no. 34/00/0010-04. The order of the military prosecutor of the UGA summarised the information and documents from criminal investigation file no. 34/00/0010-04 in the following manner:
“On 12 March 2001 in Argun, Chechnya, unknown persons detained Mr.


Prompt: 53.  The first and second applicants appealed against the decision, stating that the Social Council's decision lacked reasoning, and maintaining that there had never existed any grounds on which to take the children into public care. They submitted a report, dated 5 June 2003, by a psychologist, Dr


Prompt: 12.  The first applicant is the mother of Mr Aslan Akhmadov, born in 1979, who was a student at Grozny University. They and other relatives lived at 261 Nuradilova Street and were neighbours of the second applicant, who resided with her nephew, Mr


Prompt: 22.  On 2 June 2002 the sixth applicant, her daughter Louiza and three sons, Akhmad, Vakhid and Idris, were sleeping at their home. At about 6 a.m. an APC stopped at their house and a group of about 30 military servicemen surrounded the house, about half of them wearing masks. The applicant described them as heavily armed, wearing new camouflage uniforms and speaking unaccented Russian. Approximately ten servicemen entered the house, shouting and swearing. They pulled the sixth applicant's three sons onto the floor and asked their names. They then told Idris to dress. The applicant's oldest son asked them to take him instead of his 18-old brother, but one of the soldiers said “We don't need you”. They took


Prompt: 83.  In their memorandum of 2 October 2008 the Government also stated, without providing copies of such documents or the dates when they were obtained, that the investigators had also questioned the brother and cousin of


Prompt: 67.  It then concluded that Major M., Senior Lieutenant K. and servicemen of the federal armed forces who had participated in the special operation in Sernovodsk on 2 July 2001 had not been involved in the abduction of


Prompt: 38.  They then proceeded to the room where the fourteenth applicant and her son Rizvan Tatariyev had been sleeping. Several servicemen threw Rizvan Tatariyev onto the floor and started to kick him, before tying his hands behind his back. They inspected his driving licence and said “It’s him”. They did not ask for his passport. In the meantime the fourteenth applicant tried to get to her son, but the military pushed her away. Then they escorted


Prompt: 25.  The applicant’s neighbours, Z.A. and Ya.U., were questioned. They stated that in October 2002 they had heard cries for help and had seen UAZ and URAL vehicles and a large number of armed servicemen in camouflage uniforms in the yard of the applicant’s house. The servicemen stayed there for about an hour and then drove away. Z.A. and Ya.U. later learnt from the applicant that the servicemen had abducted her son. On the same day I.S. and A.G. had been abducted, but were released two weeks later. However, there was no news about


Prompt: 9.  On 7 June 2004 the applicant brought a civil action against Mr G., requesting that the contract of sale be declared null and void for having been entered into under duress (“the civil case”). In particular, the applicant, referring to the relevant factual circumstances, claimed that the respondent, by then an extremely powerful person in the AAR, had forced him to cede the


Prompt:
45.  The applicant appealed against that decision to the Ingushetia Supreme Court stating, amongst other things, the following:
“... on 24 March 2012 criminal case no. 12600026 was opened in connection with my brother’s abduction ...
We [the relatives of


Prompt:
5.  The applicants are:
1) Mr Akhmed Ismailov, born in 1949,
2) Mr Alkhazur Ismailov, born in 1985,
3) Mr Shamil (also spelled Shamal) Ismailov, born in 1995,
4) Ms Ruman Sokayeva (also spelled as Rumani or


Prompt: 78.  On 17 June 1996 the Bismil public prosecutor issued a decision of non-jurisdiction and referred the case to the Diyarbakır Provincial Administrative Council. The Administrative Council appointed Captain


Prompt: 145.  Those individuals all said that they had not been officially informed of the applicants' imminent extradition and that they had learned later, on the morning of 4 October 2002, that five Chechen prisoners were to be extradited. Mr Buchukuri and Mr


Prompt:
22.  The Venice Commission, the Council of Europe’s advisory body on constitutional matters, adopted a number of Opinions in this connection.
The Opinion on the constitutional situation in Bosnia and Herzegovina and the powers of the High Representative (document CDL-AD(2005)004 of 11 March 2005) reads, in the relevant part, as follows:
“1.  On 23 June 2004 the Parliamentary Assembly of the Council of Europe adopted Resolution 1384 on ‘Strengthening of democratic institutions in Bosnia and Herzegovina’. Paragraph 13 of the Resolution asks the Venice Commission to examine several constitutional issues in Bosnia and Herzegovina.
... 29.  Bosnia and Herzegovina is a country in transition facing severe economic problems and desiring to take part in European integration. The country will only be able to cope with the numerous challenges resulting from this situation if there is a strong and effective government. The constitutional rules on the functioning of the State organs are however not designed to produce strong government but to prevent the majority from taking decisions adversely affecting other groups. It is understandable that in a post-conflict situation there was (and is) insufficient trust between ethnic groups to allow government on the basis of the majoritarian principle alone. In such a situation specific safeguards have to be found which ensure that all major groups, in Bosnia and Herzegovina the constituent peoples, can accept the constitutional rules and feel protected by them. As a consequence the Bosnia and Herzegovina Constitution ensures the protection of the interests of the constituent peoples not only through territorial arrangements reflecting their interests but also through the composition of the State organs and the rules on their functioning. In such a situation, a balance has indeed to be struck between the need to protect the interests of all constituent peoples on the one hand and the need for effective government on the other. However, in the Bosnia and Herzegovina Constitution, there are many provisions ensuring the protection of the interests of the constituent peoples, inter alia: the vital interest veto in the Parliamentary Assembly, the two-chamber system and the collective Presidency on an ethnic basis. The combined effect of these provisions makes effective government extremely difficult, if not impossible. Hitherto the system has more or less functioned due to the paramount role of the High Representative. This role is however not sustainable.
The vital interest veto 30.  The most important mechanism ensuring that no decisions are taken against the interest of any constituent people is the vital interest veto. If the majority of the Bosniac, Croat or Serb delegates in the House of Peoples declare that a proposed decision of the Parliamentary Assembly is destructive to a vital interest of their people, the majority of Bosniac, Serb and Croat delegates have to vote for the decision for it to be adopted. The majority of delegates from another people may object to the invocation of the clause. In this case a conciliation procedure is foreseen and ultimately a decision is taken by the Constitutional Court as to the procedural regularity of the invocation. It is noteworthy that the Constitution does not define the notion of vital interest veto, contrary to the Entity Constitutions which provide a (excessively broad) definition. 31.  It is obvious, and was confirmed by many interlocutors, that this procedure entails a serious risk of blocking decision-making. Others argued that this risk should not be overestimated since the procedure has rarely been used and the Constitutional Court in a decision of 25 June 2004 started to interpret the notion [see decision U-8/04 on the vital interest veto against the Framework Law on Higher Education]. The decision indeed indicates that the Court does not consider that the vital interest is a purely subjective notion within the discretion of each member of parliament and which would not be subject to review by the Court. On the contrary, the Court examined the arguments put forward to justify the use of the vital interest veto, upheld one argument and rejected another. 32.  The Commission is nevertheless of the opinion that a precise and strict definition of vital interest in the Constitution is necessary. The main problem with veto powers is not their use but their preventive effect. Since all politicians involved are fully conscious of the existence of the possibility of a veto, an issue with respect to which a veto can be expected will not even be put to the vote. Due to the existence of the veto, a delegation taking a particularly intransigent position and refusing to compromise is in a strong position. It is true that further case-law from the Constitutional Court may provide a definition of the vital interest and reduce the risks inherent in the mechanism. This may however take a long time and it also seems inappropriate to leave such a task with major political implications to the Court alone without providing it with guidance in the text of the Constitution. 33.  Under present conditions within Bosnia and Herzegovina, it seems unrealistic to ask for a complete abolition of the vital interest veto. The Commission nevertheless considers that it would be important and urgent to provide a clear definition of the vital interest in the text of the Constitution. This definition will have to be agreed by the representatives of the three constituent peoples but should not correspond to the present definition in the Entity Constitutions which allows practically anything being defined as vital interest. It should not be excessively broad but focus on rights of particular importance to the respective peoples, mainly in areas such as language, education and culture.
Entity veto 34.  In addition to the vital interest veto, Article IV § 3 (d) of the Constitution provides for a veto by two-thirds of the delegation from either Entity. This veto, which in practice seems potentially relevant only for the Republika Srpska, appears redundant having regard to the existence of the vital interest veto.
Bicameral system 35.  Article IV of the Constitution provides for a bicameral system with a House of Representatives and a House of Peoples both having the same powers. Bicameral systems are typical for federal States and it is therefore not surprising that the Bosnia and Herzegovina Constitution opts for two chambers. However, the usual purpose of the second chamber in federal States is to ensure a stronger representation of the smaller entities. One chamber is composed on the basis of population figures while in the other either all entities have the same number of seats (Switzerland, USA) or at least smaller entities are overrepresented (Germany). In Bosnia and Herzegovina this is quite different: in both chambers two-thirds of the members come from the Federation of Bosnia and Herzegovina, the difference being that in the House of Peoples only the Bosniacs and Croats from the Federation and the Serbs from the Republika Srpska are represented. The House of Peoples is therefore not a reflection of the federal character of the State but an additional mechanism favouring the interests of the constituent peoples. The main function of the House of Peoples under the Constitution is indeed as the chamber where the vital interest veto is exercised. 36.  The drawback of this arrangement is that the House of Representatives becomes the chamber where legislative work is done and necessary compromises are made in order to achieve a majority. The role of the House of Peoples is only negative as a veto chamber, where members see as their task to exclusively defend the interests of their people without having a stake in the success of the legislative process. It would therefore seem preferable to move the exercise of the vital interest veto to the House of Representatives and abolish the House of Peoples. This would streamline procedures and facilitate the adoption of legislation without endangering the legitimate interests of any people. It would also solve the problem of the discriminatory composition of the House of Peoples.
The collective Presidency 37.  Article V of the Constitution provides for a collective Presidency with one Bosniac, one Serb and one Croat member and a rotating chair. The Presidency endeavours to take its decisions by consensus (Article V § 2 (c)). In case of a decision by a majority, a vital interest veto can be exercised by the member in the minority. 38.  A collective Presidency is a highly unusual arrangement. As regards the representational functions of Head of State, these are more easily carried out by one person. At the top of the executive there is already one collegiate body, the Council of Ministers, and adding a second collegiate body does not seem conducive to effective decision-making. This creates a risk of duplication of decision-making processes and it becomes difficult to distinguish the powers of the Council of Ministers and of the Presidency. Moreover, the Presidency will either not have the required technical knowledge available within ministries or need substantial staff, creating an additional layer of bureaucracy. 39.  A collective Presidency therefore does not appear functional or efficient. Within the context of Bosnia and Herzegovina, its existence seems again motivated by the need to ensure participation by representatives from all constituent peoples in all important decisions. A single President with important powers seems indeed difficult to envisage for Bosnia and Herzegovina. 40.  The best solution therefore would be to concentrate executive power within the Council of Ministers as a collegiate body in which all constituent peoples are represented. Then a single President as Head of State should be acceptable. Having regard to the multi-ethnic character of the country, an indirect election of the President by the Parliamentary Assembly with a majority ensuring that the President enjoys wide confidence within all peoples would seem preferable to direct elections. Rules on rotation providing that a newly elected President may not belong to the same constituent people as his predecessor may be added.
... 74.  In the present case, the distribution of posts in the State organs between the constituent peoples was a central element of the Dayton Agreement making peace in Bosnia and Herzegovina possible. In such a context, it is difficult to deny legitimacy to norms that may be problematic from the point of view of non-discrimination but necessary to achieve peace and stability and to avoid further loss of human lives. The inclusion of such rules in the text of the Constitution [of Bosnia and Herzegovina] at that time therefore does not deserve criticism, even though they run counter to the general thrust of the Constitution aiming at preventing discrimination. 75.  This justification has to be considered, however, in the light of developments in Bosnia and Herzegovina since the entry into force of the Constitution. Bosnia and Herzegovina has become a member of the Council of Europe and the country has therefore to be assessed according to the yardstick of common European standards. It has now ratified the [European Convention on Human Rights] and Protocol No. 12 [thereto]. As set forth above, the situation in Bosnia and Herzegovina has evolved in a positive sense but there remain circumstances requiring a political system that is not a simple reflection of majority rule but which guarantees a distribution of power and positions among ethnic groups. It therefore remains legitimate to try to design electoral rules ensuring appropriate representation for various groups. 76.  This can, however, be achieved without entering into conflict with international standards. It is not the system of consensual democracy as such which raises problems but the mixing of territorial and ethnic criteria and the apparent exclusion from certain political rights of those who appear particularly vulnerable. It seems possible to redesign the rules on the Presidency to make them compatible with international standards while maintaining the political balance in the country. 77.  A multi-ethnic composition can be ensured in a non-discriminatory way, for example by providing that not more than one member of the Presidency may belong to the same people or the Others and combining this with an electoral system ensuring representation of both Entities. Or, as suggested above, as a more radical solution which would be preferable in the view of the Commission, the collective Presidency could be abolished and replaced by an indirectly elected President with very limited powers.
... 80.  The House of Peoples is a chamber with full legislative powers. Article 3 of Protocol No. 1 to the [European Convention on Human Rights] is thereby applicable and any discrimination on ethnic grounds is thereby prohibited by Article 14 of the [Convention]. As to a possible justification, the same considerations as with respect to the Presidency apply. While it is a legitimate aim to try to ensure an ethnic balance within Parliament in the interest of peace and stability, this can justify ethnic discrimination only if there are no other means to achieve this goal and if the rights of minorities are adequately respected. For the House of Peoples it would for example be possible to fix a maximum number of seats to be occupied by representatives from each constituent people. Or, as argued above, a more radical solution which would have the preference of the Commission, could be chosen and the House of Peoples simply be abolished and the vital national interest mechanism be exercised within the House of Representatives.”
The Opinion on different proposals for the election of the Presidency of Bosnia and Herzegovina (CDL-AD(2006)004 of 20 March 2006), in the relevant part, provides:
“1.  By letter dated 2 March 2006 the Chairman of the Presidency of Bosnia and Herzegovina, Mr


Prompt: 44.  Raisa Vakhayeva is Nurzhan Vakhayeva's sister-in-law (see statement by Nurzhan Vakhayeva, applicant 12, below). She had five children, including Khava Vakhayeva (born in 1987), Adlan Vakhayev (born in 1989),


Prompt: 228.  Detective Chief Superintendent Van Duijvenvoorde had also gone back with Officer Bultstra, who had shown him where he thought Officer Brons had parked the car. This was about forty-eight metres away from the lamp post. He had asked Officer Bultstra to run that distance and timed him with a stopwatch. It had taken him 9.4 seconds. Detective Chief Superintendent


Prompt: 55.  On 5 March 2002 the Beytüşşebap Prosecutor drew up a report (fezleke) in which he set out the developments in his investigation and forwarded it to the Ministry of Justice on 19 March 2002. The Prosecutor asked the Ministry to grant authorisation for the prosecution of


Prompt:
56.  After having received the case-file, Tanju Güvendiren, the public prosecutor at the State Security Court noted that the investigation had been incomplete. In order to complete the investigation, he issued a number of instructions to the Mazıdağı District gendarme station by letter of 13 September 1993 including that comparison cartridges be taken from the weapons held by the village guards from Karataş. On 19 October 1993 the Commander of the Mazıdağı District gendarme station transmitted 65 weapon delivery receipts and 65 empty cartridges taken from the Balpınar village guards to the office of the public prosecutor at the State Security Court. This letter contained no information as to when and in which manner these cartridges were obtained.
Although


Prompt: 36.  On 24 June 2002 the first applicant was granted victim status in the criminal case and questioned. She stated that at about 8 p.m. on 19 June 2002 three APCs with a group of about fifty military servicemen had arrived at her yard. The registration numbers on the vehicles had been covered with mud. The servicemen were armed; they swore a lot and fired gunshots in the air. They grabbed


Prompt: 42.  According to the applicants, on 8 November 2002 five male bodies were discovered by the local residents in the forest near the village of Vinogradnoye, in the Grozny district, near the road to Tolstoy-Yurt. The bodies were delivered to the mosque of Tolstoy-Yurt. On 9 November 2002 several relatives of the persons missing since 23 October 2002 travelled there and identified them as the five men who had been detained in Chechen-Aul:


Prompt: 5.  The first applicant, Mr Ivan Dvořáček, was born in 1942. The second applicant, Mrs Jozefa Dvořáčková, was born in 1945. They are married and live in Bratislava. They filed the application also on behalf of Ms


Prompt: 30.  Following Hüseyin Koku’s abduction, Mustafa Yeter and Hasan Güner were made temporary leaders of HADEP’s Elbistan branch. They were later arrested and subjected to torture. Mr Yeter was threatened by the police not to talk about


Prompt: 56.  This part of the application concerns the applicants B. Gogoladze, A. Tvaradze and M. Kapanadze (nos. 13, 14 and 15). On 1 April 2001 the applicants were returning from a religious meeting. In the village of Dviri (Borjomi district, Western Georgia), they were attacked by a group of villagers accompanied by Mr S.Kh., and Mr J.B., administrative head of the county town of the district and administrative head of the village respectively. One of the attackers, a private individual, struck


Prompt: 5.  The applicants stood as candidates in the parliamentary elections of 7 November 2010 and applied for registration as candidates in various single-mandate electoral constituencies (see Appendix). Mr


Prompt: 141.  According to the relevant video recordings, the four accused rejected that proposal. A.A.-uri replied: “Everyone who was there is now in prison.” A.Gh.-ava said: “I am naming no names, like I said the first time I was questioned, I know nothing and nobody was involved.” M.B.‑dze declared that nobody else, including


Prompt:
14.  In respect of the Swiss Radio and Television Company, the Federal Court considered the application on the merits. It held that, although politically committed journalism was not prohibited in itself, it should be identifiable as such. In the present case the journalist had conveyed his support for one particular viewpoint through harsh criticism. In short, the Federal Court did not object to the programme’s content but rather to the fact that the method used, namely politically committed journalism, had not been identified as such. It pointed out that journalism of that nature was subject to particularly stringent rules of diligence, which the programme had not observed. The journalist should have informed viewers that the report was not presenting an indisputable truth but rather one possible interpretation of relations between Switzerland and Germany. The Federal Court accordingly dismissed the Swiss Radio and Television Company’s application. The relevant parts of the judgment read as follows:
“5.  (b)  ...
The impugned programme concerns a historical subject – Switzerland’s position during the Second World War – which has returned to prominence on account of the issue of unclaimed assets. By broadcasting a programme on a matter of public debate, the Swiss Radio and Television Company was performing the role assigned to it, and it has rightly not been criticised on that account. Because of its historical aspect, the programme in issue was faced with a problem regarding sources: witnesses to the events recounted are becoming increasingly rare and certain elements that might have explained the conduct of the time are becoming blurred, as was noted in the decisions complained of. Accordingly, the explanation of historical facts relies on hypotheses that may serve as a basis for the construction of theories. In such circumstances, journalists must test their hypotheses and, where appropriate, adjust them, even if they are not expected to reveal an absolute truth. They must abide by the rules of journalistic diligence. Accordingly, in this context they must, in particular, indicate any persisting doubts, point out contradictions between witness accounts and mention the differing interpretations supported by some historians. On account of its topical nature, the programme in issue contributes to a debate and may be described as politically committed journalism in the sense referred to above. It has to satisfy particularly stringent requirements of journalistic diligence since it expresses criticism that may be especially painful. It is necessary to assess whether the rules of diligence applicable in the present case have been complied with, bearing in mind that such an assessment must take into account the situation obtaining at the time when the impugned programme was broadcast. 6.  (a)  The impugned programme, entitled ‘Switzerland’s lost honour’, begins by discussing the history of Switzerland during the Second World War, as supposedly experienced by the people at the time and taught for many years in schools. Switzerland had been depicted as a small, brave country which had resisted the demoniac forces of Nazism. Despite being neutral, in their hearts the Swiss had been on the side of democracy, in other words the Allies. They had deterred the Nazis from attacking them through their determination to resist, if necessary with the help of the Réduit, a kind of impregnable fortress in the Alps. They had displayed generosity by welcoming more than 230,000 people who had fled the extermination camps and by temporarily receiving child war victims. Switzerland had introduced banking secrecy so that Jews could store their savings safely in the country. After this recounting of the ‘myth’, the journalist states: ‘There has been a somewhat rude awakening.’ The programme continues with severe criticism of Switzerland’s position during the Second World War by prominent figures – most of them Jewish – and with contrasting opinions of Swiss citizens who lived through the period and young people who know about it only through the ‘myth’. The journalist then asserts that in the past twenty-five years, historians studying the period have uncovered a significant part of the truth. Next, the programme describes the attitude of Switzerland, and in particular its political and military leaders, during the Second World War, emphasising their alleged affinity with the far right and their inclination towards rapprochement with Germany. The question of Swiss anti-Semitism is then examined, along with the economic and financial relations between Switzerland and Germany. The programme alleges that the Réduit served Germany’s economic interests and focuses on the laundering of Nazi money by Switzerland and on the role of Swiss banks and insurance companies in the matter of unclaimed Jewish assets. The journalist concludes by saying: ‘The experts of the Volcker Commission and the historians of the Bergier Commission will no doubt confirm that the Swiss political and economic elite in this difficult period adapted to the circumstances rather too well. Their biggest mistake was probably their failure to acknowledge and come to terms with that attitude after the war; to acknowledge that the Swiss were not heroes but normal people caught up in events, who succeeded in taking advantage, for themselves and their descendants, of the most appalling global crisis of the twentieth century.’
(b)  The Complaints Authority, which did not criticise the content of the programme in issue, found that the Swiss Radio and Television Company had breached section 4 of the Federal Radio and Television Act by using a method, described as politically committed journalism in the decisions under review, which had not allowed viewers to form their own opinion. The company had not observed the principles of journalistic diligence since it had never suggested that there were differing views among the historians who had distanced themselves from the ‘myth’ that had built up with regard to Switzerland’s position during the Second World War.
(c)  The Swiss Radio and Television Company disputes that the programme in issue can be regarded as politically committed journalism, which is subject to particularly stringent rules of diligence. It argues that, in any event, the programme complied with such rules. The company also complains of a misuse of discretionary power. It accuses the relevant authority of having reaffirmed the conclusions of its decisions of 24 October 1997 despite the fact that the additional investigation had virtually demolished the reasoning on which they were based, and of having acted arbitrarily by assuming the role of the ultimate authority on historical science. 7.  (a)  As the Complaints Authority noted, the programme in issue sets the ‘myth’ against the ‘truth’ which historians have brought to light, without indicating the disagreements existing between them. In various spheres, such as the basis of Switzerland’s economic relations with Nazi Germany, the purpose of the Réduit or the explanation of Switzerland’s independence, it makes no reference to differing views, despite the fact that opinion on these matters is far from unanimous, as the Complaints Authority showed. Similarly, the decisions under review observe that the programme in issue merely provides one explanation for the conduct of a prominent figure such as General Guisan, without mentioning that there are other explanations that are just as valid, if not more so.
While accusing the Swiss authorities, at least implicitly, of having deceived the population for some fifty years with a ‘myth’, the impugned programme, without admitting as much, also gives its own interpretation which is no less categorical. This impression is, moreover, reinforced by interviews, in which ordinary men and women who lived through the events under discussion defend the ‘myth’, expressing their emotions with varying degrees of articulacy, while historians, who are expected to have a rigorous grasp of their subject, provide the ‘truth’. As the Complaints Authority rightly pointed out, the programme in issue ridicules the wartime generation by showing recollections that are incorrect or exaggerated or convey a misplaced sense of self-satisfaction, contrasting with the cold logic of the historians. This leaves the impression that the interpretation put forward in the programme is corroborated by all specialists and thus reflects the sole historical truth. There is therefore a risk that one myth might be replaced by another, and only the observance of strict rules of journalistic diligence can prevent such a lapse. Furthermore, the programme does not always place the events it describes in their historical context as precisely as is desirable. It takes insufficient account of certain important aspects (for example, the threats Switzerland faced as a result of being surrounded by the Axis powers, and the position of other neutral or even Allied powers) for viewers to be able to form an opinion, or plays down their significance. Lastly, it does not always enable facts to be distinguished from comment (see the speech given on 7 May 1995 by


Prompt:
13.  On 21 March 2008 the Narimanov District Court examined the prosecutor’s request. At the hearing before the court, the applicant’s lawyer asked the judge to apply a non-custodial preventive measure, submitting that the applicant had no criminal record, that he had a permanent place of residence, and that he was young. The judge at the Narimanov District Court, relying on the official charges brought against the applicant and the prosecutor’s request for the application of the preventive measure of remand in custody, remanded the applicant in custody for a period of three months. The judge substantiated the necessity for this measure as follows:
“Taking into account the fact that there is sufficient evidence that


Prompt: 44.  Ms R. M., the applicant’s neighbour, was questioned on an unspecified date. She submitted that at the end of May 2001 unidentified servicemen dressed in camouflage accompanied by armoured vehicles had abducted seven residents of Serzhen-Yurt. Later that day some of the abducted men had been found on the outskirts of Serzhen-Yurt. Then Mr


Prompt:
76.  The statement also contains a detailed description of the killing of Talat Türkoğlu. The statement, insofar as relevant reads:
“We then went to Çadırkent in two cars and took Talat Türkoğlu there with us.


Prompt: 24.  As soon as the jeep drew up in front of the house, between 1 and 1.30 p.m., Sergeant K. recognised Mr Angelov, who was inside, behind the window. Having noticed the vehicle, the fugitives tried to escape. The officers heard the sound of a window pane being broken. Major G. and Sergeants K. and N. jumped out of the vehicle while it was still moving. Major G. and


Prompt: 15.  According to Adam Ayubov’s sister, Ms Liza Azimova, on 19 January 2000 the Russian TV channel NTV showed an interview with Russian servicemen concerning the military actions in Grozny, which was recorded in the vicinity of the Ayubov family domicile. One of the servicemen mentioned the capture of a Chechen sniper, “a master of sports in shooting”, briefly showed a passport with that man’s photograph and stated that the sniper’s name was Arsanov [rather than Ayubov]. Ms Azimova insisted that she had recognised her brother’s photograph in the passport and that he had been the only master of sports in shooting in the Northern Caucasus, and that therefore the servicemen had been describing the arrest of


Prompt: 60.  On 11 February 2007 the investigators questioned the fourth applicant's daughter, Ms L.Sh., who stated that at about 5 p.m. on 13 September 2000 their relative Mr A. Zh. had arrived at their house and told her about the arrest of


Prompt: 57.  On the same date, the investigators questioned Mr R.K., who stated that on 6 December 2012 he had been with Mr Akhmed Buzurtanov at the sports club until about 10 p.m. At about 2.30 a.m. on 7 December 2012 the applicants had called him looking for Mr


Prompt: 67.  On 23 June 2011 the investigators questioned Mr Se. M., a lawyer from the Chechnya Public Chamber, who stated that on 30 May 2011 the applicant had complained that his son had been abducted and that in his complaint the applicant had referred to Officer Magomed M., the deputy head of the Staropromyslovskiy ROVD. On the same date the witness had called the officer, who had explained that he had indeed detained


Prompt: 33.  According to Mr A., Roman Bersnukayev had joined the group and had been with them for about two weeks when in March 2000 two members of the Martan-Chu militia found the group and told them about the amnesty.


Prompt: 29.  According to the applicant, at some point she and her daughter spoke to an official of the district prosecutor’s office, who had allegedly said to them that Mr Khanpasha Dzhabrailov had confessed that he had been a participant in illegal armed groups. In the Government’s submission, in the criminal investigation file there was a police report, rather than Mr


Prompt: 25.  On the following days the applicants regularly went to Urus-Martan to visit all district authorities and find out whether there had been any news of their sons. However, no authority acknowledged any involvement in the abduction of Lecha and


Prompt: 16.  In April 2001 the Radio Svoboda web-site made available recordings of conversations which had allegedly taken place between the President of Ukraine, Mr Kuchma, and the Head of the State Tax Administration, Mr M. A. There recordings were provided by Mr


Prompt: 108.  In answer to a question from the prosecutor, Th.M.-dze said she had not had a tense conversation with Sandro Girgvliani or his friend L.B.‑dze. Apart from calling one of them a “poof”, Sandro Girgvliani had not insulted the people she was with. In answer to another question, Th.M.‑dze said there was an 80% chance that the other people in the party had not overheard the insult in question, as


Prompt: 10.  On the same date the applicant met Mr V.M. and asked him about her son. Mr V.M. told her that he and Said-Emin Sambiyev had been detained in separate pits in the ground which were situated not far from each other. During the detention Mr V. M. had had a sack over his head. At some point he had called the name of


Prompt:
20.  The applicant submitted two newspaper cuttings of May 2001. On 22 May 2001 the Moscow-based Kommersant published an article entitled “Khattab’s Friend and Dudayev’s Assistant are Killed”. The article said:
“In the Shali district of Chechnya the federal forces carried out a special operation directed against the leaders of bandit groups. Last weekend, during that operation in Serzhen-Yurt,


Prompt:
9.  According to the Government, Officer Akgün agitatedly asked the customers whether they had heard the shots being fired and hurled abuse at the 67-year-old Emin Yıldırım for having his shop open so late. Two police officers, A.Ö. and Ö.Ş., alerted by the din, witnessed the incident.
According to the applicant, Officer Akgün not only agitatedly questioned those present in the drapery shop but also violently beat


Prompt: 106.  In criminal proceedings brought against a number of persons implicated in the Susurluk affair, which have been extensively covered by the Turkish media, the İstanbul State Security Court (Devlet Güvenlik Mahkemesi) decided in a ruling of 3 May 1999 to discontinue the proceedings against


Prompt: 11.  In a similar assignment, the applicant was subsequently ordered to disarm other insurgents who had taken control of the building of the local Police Department by force on the afternoon of 26 October 1956. Having overcome the resistance of the police forces, the insurgents, including a certain


Prompt: 33.  The second applicant was questioned again on 13 September 2006. First, she gave some additional details concerning medical documents the applicants had obtained to ensure Mr Shchiborshch’s in-patient treatment. She then stated that on 7 July 2006 the first applicant had telephoned Mr


Prompt:
22.  On 27 September 2008 a judge of the Narimanov District Court, relying on the Russian court’s detention order of 21 December 2007, ordered the application of the preventive measure of remand in custody in respect of the applicant for a period of two months. At the hearing the applicant was represented by a State-appointed lawyer. The judge relied on the provisions of the Code of Criminal Procedure (“the CCrP”) of the Republic of Azerbaijan relating to detention with a view to extradition when she ordered the applicant’s detention. The judge justified this measure as follows:
“Taking into account the fact that


Prompt: 61.  On 29 August 2006 an officer of the Urus-Martan ROVD questioned M., the officer of the transport police in Pyatigorsk. M. submitted that on 22 April 2006 he had been on duty in Tolyatti Street. At around 6 p.m. he had stopped a VAZ 2110 car with registration plates H 270 KK 15 driven by a man in a state of alcoholic intoxication. When he had checked the driver’s documents he had had no doubts as to their authenticity. From the documents produced it followed that the driver was


Prompt: 19.  The servicemen dispersed throughout the rooms of the house. The fifth applicant, the sixth applicant and N. were sleeping in the room next to the second applicant’s room. The servicemen only checked their passports and did not point their guns at them. They removed several photos from under the pillow of the sixth applicant and took those of Mr


Prompt: 26.  According to the KGB documents, on 12 October 1956 at about 8.30 a.m., A.R. “Vanagas” and B.M. “Vanda” left “Ž”‘s house in Kaunas. They walked on to Kampas Street, where they were seized by the KGB officers. They were carrying two pistols and two seals inscribed “LLKS Presidium” and “LLKS Military Headquarters (LLKS ginkluotųjų pajėgų štabas)”, forged passports, and other documents. After the arrest,


Prompt: 76.  In a decision of 15 December 2001 the investigator in charge of garrison prosecutor’s office no. 59 ordered that the criminal proceedings in case no. 14/32/0189-01D concerning the murder of Khalid Khatsiyev and


Prompt:
57.  On 19 May 2006 the justice of the peace of district no. 8 in Pyatigorsk delivered a default judgment which read as follows:
“[L.], justice of the peace of district no. 8 in Pyatigorsk, the Stavropol Region, having examined the ... case concerning an administrative offence ... in respect of


Prompt: 39.  On 4 August 2004 the district prosecutor's office replied to the applicant, stating that the investigation in criminal case no. 34022 had been carried out in compliance with the law. The district prosecutor's office had taken all the investigative measures which could be carried out in the absence of those to be charged with the crime. They had sent numerous requests for information to various law-enforcement agencies and hospitals. The republican prosecutor's office's (unspecified) instructions concerning the investigation had been complied with. The theory that Russian military servicemen had been involved in the abduction of