Prompt: 62.  On 18 September 2003 the district prosecutor's office sent a request for information to all the district prosecutor's offices in Chechnya. The letter referred to the detention of the three men on 16 December 2001 by unidentified armed persons and asked the offices to check whether


Prompt: 31.  The first applicant was once more interviewed by the immigration authorities on 10 March 2005, after which, on 3 August 2005, the Minister issued the first applicant with a notice of her intention to reject his asylum application. The Minister reached the same conclusions, based in the relevant part on the same grounds, as the Deputy Minister had reached in her notice of intent of 9 October 2001 and subsequent decision of 20 February 2002 in relation to the first applicant’s knowing and personal participation in human rights violations attributed to his former employer – the KhAD/WAD – and consequent application of Article 1F of the Refugee Convention against him. The Minister to a large extent used as a basis for her notice a book by a Professor Dr.


Prompt: 7.  On that day a demonstration took place in Yerevan. The applicant alleged that he had not attended the demonstration. According to him, after visiting his son at 3 p.m. he went to the bus station to take a bus back to his village but all public transport to Yerevan had been suspended because of the demonstration. At the bus station he met two co-villagers,


Prompt: 32.  E.I. and M.A., the defendants charged with participation in clashes with the police in the morning (around 10:30 a.m.) and the afternoon (around 5 p.m.) of 24 January 2013 (allegedly after having been incited by the applicant) (see paragraph 20 (c) above), did not mention the applicant or


Prompt: 15.  At some point the Ministry of Interior of Ingushetia established that a unit of servicemen of the department of interior of the Nadterechny District of the Chechen Republic (“the Nadterechny ROVD”), under the command of Mr K., had been in the village of Psedakh at the time of the apprehension of Isa and


Prompt: 55.  The applicants submitted that after Akhmadov's apprehension they were subjected to constant pressure and harassment by the military, who regularly arrived with APCs, and proceeded to surround and enter the house. According to the applicants, 10-12 servicemen dressed in camouflage, armed with automatic weapons and guns, sometimes wearing balaclava masks and bullet-proof vests would enter the house. During these raids they would break or take away the applicants' property, burn furniture, and search the house and garden in an apparent attempt to find weapons. They also threatened the applicants and their children, said that


Prompt:
5.  On 26 August 1996 the applicant applied for disability benefits (handikappersättning) under Chapter 9, section 2 of the Social Insurance Act 1962 (Lagen om allmän försäkring, 1962:381 - hereinafter “the 1962 Act”). He claimed that, even before his 65th birthday in 1983, he had incurred extra costs due to his illness, Charcot-Marie-Tooth[1], from which he had suffered since the 1970's and which had been diagnosed in September 1982. In support of his claim, he submitted:

(i) A medical certificate dated 27 August 1996, produced by the applicant's general practitioner, Doctor P. Dekany, at the applicant's request, supporting his application for disability benefits. It stated that the doctor had known and treated the applicant since 1961, and that the Charcot-Marie-Tooth disease had started in the early 1970s involving difficulties in walking, problems of balance, dragging of the feet and the patient tripping over and falling continuously. The muscles in the legs and feet had considerably withered. The illness had attacked even the hands and arms, with withered muscles and reduced strength in the fingers. Because of multiple inconveniences, the patient's functional capacity had been strongly reduced; he needed help for heavier household tasks, the preparation of meals, the purchase of household goods, carrying heavier objects, and for personal hygiene. The patient had incurred extra costs for medical treatment, foot rails, soft shoes, home assistance, and to some extent his food budget because of a limited ability to prepare meals; he also had to pay for the transportation service for disabled persons, and extra travel by personal car, because of his considerably reduced ability to walk.
(ii) A statement of 21 April 1997 by Doctor P. Dekany, reproducing extracts from the applicant's medical records for the period between 1975 and 1983, with a diagnosis of the Charcot-Marie-Tooth disease in September 1982;
(iii) A statement dated 23 March 1983 by Mr


Prompt: 60.  By a decision of 25 May 2007 the District Court granted the applicant’s request in part concerning the reopening of the investigation. It held that the investigators had failed to rectify the shortcomings indicated by higher-ranking prosecutors. In particular, they had failed to interview officers from the Groznenskiy ROVD’s detention facility or Is., head of the VOVD, who had told the second applicant that he would be able to liberate


Prompt: 16.  Thereafter the Musayev brothers were brought to the Urus-Martan Temporary Office of the Interior (временный ОВД Урус-Мартановского района, “the VOVD”) and questioned. The first applicant submitted, with reference to the witnesses' accounts, that after the interrogation her sons and three other persons apprehended in Gekhi that day had again been brought to the temporary operational headquarters. At 5 p.m. the military released the other three persons, but not Ali and


Prompt: 488.  Gendarmes and police officer searched Mr Acar's house on 15 November 1993. The report was made up and signed at 11.30 p.m. It described the seizure of various documents, including those entitled “The paths and tasks of the Turkish Revolution”, “Thoughts on the PKK”, “Kurdistan under fire” and several publications by or concerning


Prompt: 5.  The applicants were born in 1930, 1925, 1920, 1920, 1926, 1931, 1934, 1931 and 1924 respectively. On 8 October 2002 the fourth applicant, Mr Milko Kalev Balev, passed away. By a letter of 10 April 2006 his wife, Mrs


Prompt:
452.  On one occasion she believed she had transported documents and hand grenades for the PKK from Diyarbakır to İstanbul. Two people picked them up from her house. They stayed two days and then were taken away by Niyazi Çem. One of these people was a woman called Beriwan. Other lawyers working for the PKK were MM. Elçi, Acar, Tur, Erten, Çem, Beştaş, Demırhan and Demir, and Mrs Beştaş.

d)


Prompt: 41.  On 31 May 2000 the first applicant complained to the Urus-Martan VOVD about the disappearance of his son after his release from the district department of the FSB on 18 March 2000. The first applicant asked for his son's name to be put on the list of missing persons and provided a photograph of


Prompt: 6.  A number of newspapers and TV stations devoted coverage to the play and several provisions of the Criminal Code, which the applicants were supposed to have breached, were cited in some of those newspapers. On 20 April 1997 the daily Hürriyet newspaper ran the headline “The play that led the general to rebel”, referring to an army general having severely criticised the ruling Refah Party and its leader


Prompt: 165.  At some point after the abduction, one of Ms Tumisha Sadykova’s colleagues (named Adam) and a relative of the applicants (named Aslanbek) – both of whom assisted the applicants in the search for Ms


Володимирівна

Prompt: 8.  On 24 March 2004 the applicant lodged a request with the Civil Status Registration Office in Bila Tserkva (hereinafter “the Registration Office”) seeking to change her patronymic from Volodymyrivna (


Prompt: 19.  In the meantime, the applicant had lodged a complaint with the Ombudsman regarding the Foundation’s inactivity. On 4 April 2001 the Ombudsman informed the applicant that, regrettably, he was not in a position to question the lawfulness of resolutions adopted by the Polish‑German Reconciliation Foundation or any other foundation. The Polish‑German Reconciliation Foundation was established in accordance with the Foundations Act of 6 April 1984. In this particular case, the Foundation operated under the supervision of


Prompt: 28.  On 30 June 1995 15 people were brought before the Diyarbakır State Security Court (hereinafter “the Diyarbakır Court”); Vehbi, Memduh Çetin and Gürgün Can were among them. The first two were released by the Prosecutor whereas Can was released by a judge.


Prompt: 7.  According to an official report (ambtsbericht) drawn up by the General Intelligence and Security Service (Algemene Inlichtingen- en Veiligheidsdienst – “the AIVD”) dated 14 September 2014, information provided by a generally reliable source indicated that a certain Moroccan national residing in the Netherlands, had sworn allegiance to


Prompt:
109.  In respect of the general measures taken in the four cases pending supervision to avoid similar violations of Article 18 in conjunction with Article 5, the Committee’s Secretariat’s analysis in the cases of Tymoshenko and Lutsenko (see the Committee’s examination of the case at its 1193rd Human Rights meeting (4-6 March 2014)) indicated:
“... reform of the prosecution service and the constitutional reform aimed at strengthening the independence of the judiciary, appear relevant and interesting and a more in-depth examination is under way (both these draft legislative reforms have been examined from a more general point of view by the Venice Commission in 2013 – see CDL‑AD(2013)025E and CDL‑AD(2013)034E). It also underlined that the progress achieved in these respects is also followed in the context of other groups of cases, notably the


Prompt: 17.  The Ministry of Industry's Interdepartmental Expert Council, comprising representatives from several ministries, considered the two schemes on 9 September 1999. It examined the findings of the specialist board of experts, as well as the opinions of the Pazardzhik Regional Inspectorate of Environment and Water, of Panagyurishte's mayor, and of the regional governor. It also heard Mr Blagiev's explanations. Following a discussion, which touched upon, among other matters, the alleged heavy‑metal content in the sludge from the Plovdiv plant, the Council unanimously resolved to approve ET Marin Blagiev's scheme. The resolution was later approved by


Prompt: 16.  On 12 May 1994 and 10 June 1994 the Diyarbakır Public Prosecutor took statements from N.T. and L.B. in relation to the allegations concerning the killing of Abdulvahit Narin. N.T. and L.B. denied the allegations that they had been involved in the killing of


Prompt:
17.  The applicant appealed. In a judgment of 9 November 1995, the Paris Court of Appeal upheld, in so far as it concerned the applicant, the judgment of 4 October 1994 and overturned the judgment of 8 March 1995. The Court of Appeal acquitted the applicant and dismissed the civil party's claims against him. In particular, it held that:
“... in his article,


Prompt: 12.  Then the armed men compelled the Tagirovs to proceed to the courtyard. They did not allow Movsar Tagirov to dress himself properly with the result that he left the house without jacket or shoes. The armed men forced him to stand face to the wall and ordered that someone bring his identity papers. The fourth applicant produced a task force trainee's badge; the armed men examined it and then took


Prompt:
6.  The applicants are:
(1)  Mr Nikolay Ivanovich Malysh, born in 1949,
(2)  Mr Vasiliy Aleksandrovich Bogomolov, born in 1944,
(3)  Mr Sergey Stepanovich Iglin, born in 1949,
(4)  Ms Zinaïda Aleksandrovna Sannikova, born in 1954,
(5)  Ms


Prompt: 55.  On 10 April 1994 the bodies of Necati Aydın and Mehmet Ay were identified by their respective brothers. The third body remained unidentified. The bodies were photographed once more. The Prosecutor at the Diyarbakır Court issued a burial licence for


Prompt: 25.  In prison, Brian Nelson allegedly admitted that, in his capacity as a UDA intelligence officer, he had himself targeted Patrick Finucane and, in his capacity as a double agent, had told his British army handlers about the approach at the time. It was also alleged that he had passed a photograph of


Prompt: 10.  On 20 November 2001, a lawyer from LHR informed the Moldovan Prosecutor General’s Office that the applicant and seven other people were being held in Pruncul Prison Hospital on the basis that they had been convicted by “MRT” courts. He asked for their immediate release, in view of the fact that they had been convicted by unlawful courts. He also submitted that some of those eight detainees had already lodged applications with the Court, and that a failure to immediately release them or any attempt to transfer them back to the “MRT” authorities would result in the Republic of Moldova incurring responsibility. A similar letter was sent on the same day to


Prompt:
21.  In its edition of 16 November 1999, in a column entitled “Rebonds” (“reactions”), the daily newspaper Libération published an article signed by ninety-seven contemporary writers concerning the first two applicants’ conviction, on charges of defamation and complicity in defamation, by the Paris Criminal Court in its judgment of 11 October 1999 (see paragraph 14 above). The article took the form of a petition and read as follows:
“Petition. The passages from the book ‘Jean-Marie Le Pen on Trial’ for which


Prompt: 16.  On 9 May 2013 the applicants applied to the urgent-applications judge of the Châlons‑en‑Champagne Administrative Court on the basis of Article L. 521-2 of the Administrative Courts Code (urgent application for protection of a fundamental freedom (référé liberté)), seeking an injunction ordering the hospital, subject to a coercive fine, to resume feeding and hydrating


Prompt: 7.  Between 9 and 10 p.m. on 6 December 2012 Mr Akhmed Buzurtanov was driving home from Nazran in his white Lada-Priora car with registration number AH214A06. At about 10 p.m. he called his wife saying that he would arrive soon, but he did not. The applicants tried to call him, but his mobile phone was switched off. At around 5 a.m. on 7 December 2012 the applicants and their relatives found Mr


Prompt: 6.  In the course of 2000 the applicant, a Congolese national, was granted refugee status under the mandate of the United Nations High Commissioner for Refugees in Cameroon (hereafter UNHCR/Cameroon). According to his certificate of refugee status, he was accompanied by his wife, who also held such a certificate, and his children (


Prompt: 34.  In the meantime, between 28 May 2010 and 2 June 2010 orders for the detention and deportation of forty-five failed asylum seekers were issued following background checks. Letters were sent by the District Aliens and Immigration Branch of the Nicosia Police to


Prompt: 44.  On 23 July, in the afternoon, the witness and others went to cut down poplars in the Hista area which belonged to Sadık Simpil. Three village guards were keeping watch on the hills. They heard gunshots downstream and returned fire.


Prompt: 9.  Although at national level the applicant had secured 5,624 votes out of a total of 21,263, the Central Electoral Office allocated the parliamentary seat to another member of the Italian Community of Romania, Ms


Prompt: 20.  The applicants are close relatives of Mr Akhyad Shakhidov, who was born in 1964, and of his brother, Mr Khamzat Shakhidov, born in 1968. The first applicant is the wife of Mr Akhyad Sakharov; the second, third and fourth applicants are his children. The fifth applicant is the wife of Mr


Prompt: 12.  At about midnight on 29 January 1996 a Ms I.A., who lived in a block of flats in Beli Lom Street in Razgrad, noticed from her balcony a man later identified as Mr Zabchekov hanging around by parked cars, bending over and “doing something”. Ms I.A. telephoned a neighbour, Ms I.M. The two women shouted at Mr Zabchekov from their balconies to ask him what he was doing. At that moment


Prompt:
78.  In a report entitled “State to Public: Genuine Public Service Broadcasting in Belarus, Moldova and Ukraine?” (December 2005), Article 19, an international non-governmental organisation based in London which works on issues connected with freedom of expression, found as follows (footnotes omitted):
“3.1.  Overview
Moldova was the first country of the CIS to embark on a process towards the establishment of PSB [public service broadcasting]. It is also currently the only one of the three countries to have transformed its State broadcasting company, TeleRadio-Moldova (TRM), into a PSBO [public service broadcasting organisation]. Yet while PSB exists in theory, in practice the new broadcasting company remains only nominally independent from government control, and output continues to be heavily biased in favour of the existing regime. Overall, it fails to provide viewers and listeners with accurate and objective information and a plurality of views and opinions. The consolidation of a genuine PSB structure will depend on the ability and will of the authorities to fully implement the newly-adopted provisions, as well as on the success of civil society's campaigning efforts.
In March 2003, the Moldovan Parliament adopted the Law on Amending and Supplementing Law No.1320-XV on the National National Public Broadcasting Company TeleRadio-Moldova (First Amending Law), which modified a previous law passed in July 2002 (PSB Law) following recommendations from the Council of Europe. A later controversial amendment to the Law, adopted in November 2003, provided for the liquidation of TRM, enabling its reincarnation as PSB, as well as the replacement of its entire staff (Second Amending Law).
For a prolonged period of time it remained unclear how the re-staffing would be carried out, and generally journalists and human rights organisations were not provided with essential information as to the mechanisms that would be employed to implement these measures. In addition, the initial debates which led to the adoption of the First Amending Law in its first reading were held in an atmosphere of virtual secrecy. At this stage the company's staff was utterly unaware of the fact that a law on TRM was being debated in Parliament.
Similarly, the process by which the Second Amending Law was adopted did not provide for sufficient opportunity for public consultation, despite the significant public importance of a law of this nature. The draft was submitted to Parliament by seven MPs on 13 October 2003, and adopted in its first reading almost immediately; it then passed its second reading exactly a month later. Some local NGOs and international organisations, such as the Council of Europe, acted very rapidly in providing recommendations on the draft. Other groups simply did not have the time to participate in this process.
Despite the changes, TRM is still under the influence of the authorities. In addition, the quality of programmes has been quite low since the transformation. There is a need for additional funding, to train the employees and raise the standards of professional journalism.
Another worrying fact is that there has been a progressive decrease in the diversity of media outlets. 'Analitic Media Grup', the media organisation that founded Pervii Kanal v Moldova, which until recently re-broadcast the Russian First Channel - as well as having some programmes of its own, including Moldovan news - , was deprived of its licence in October 2005. The licence was, instead, given to a newly-established, unknown television station, which allegedly has close links to President


Prompt: 61.  On an unspecified date the Mozdok forensic bureau informed the investigators that on 3 February 2003 an investigator from the Nadterechniy prosecutor’s office had brought Visadi Shokkarov’s corpse to the morgue and requested the third applicant to collect it. It appears that the investigator had been confused and instead of stating that the corpse belonged to


Prompt: 11.  On 16 July 2006 a group of armed masked men in camouflage uniforms headed by prosecutor Sh. came to the first applicant’s house and ordered her to give a blood sample for the identification of her son,


Prompt: 14.  During the court proceedings the authorities further extended the applicants’ detention by decisions of the Ostrołęka Regional Court of 24 April and 23 July 2002, a further decision of an unspecified date, 19 December 2002, another decision of an unspecified date, and lastly, its decision of 29 May 2003. In the latter decision the court extended


Prompt: 19.  At 6.01 p.m. on 1 February 2002, Mr Broekhuijsen was arrested on suspicion of having violated Article 184 of the Criminal Code. He was not taken to the police station but remained on the applicant company’s premises. After the Amsterdam public prosecutor had arrived on these premises and after he had been brought before the prosecutor, Mr


Prompt:
14.  On 12 November 2002 the Grozny Prosecutor's Office informed the applicant that an investigation into her husband's kidnapping had been instituted on 11 November 2002 under Article 126 § 2 of the Russian Criminal Code (“aggravated kidnapping”). The decision to institute the investigation stated, inter alia:
“On 29 October 2002 at approximately 2 a.m. unidentified men armed with automatic weapons in masks and camouflage uniforms, having broken down the entrance door, entered apartment no. 77 at Bogdana Khmelnitskogo street, house 141, building 5 in the Leninskiy Distict of Grozny and forcibly took [Mr]


Prompt: 9.  By a decision of 27 November 2009 (hereinafter also referred to as the exequatur decision), the ordinary first-instance tribunal (Commissario della Legge, hereinafter the Commissario), accepted the request in conjunction with the crimes of conspiracy, money laundering, aggravated fraud and embezzlement with the aim of fraud, considering that the relevant requirements for the execution of the request were fulfilled. In particular the


Prompt: 12.  The intruders kept the first and third applicants locked in their rooms. When the first applicant tried to break through the door, one of the servicemen entered her room and pushed her in the chest so that she fell down. Then the servicemen locked the first, third and fourth applicants in one room. The women cried and begged them not to take


Prompt: 46.  The latter informed the SRJI on 6 January 2003 that during the preliminary investigation in criminal case no. 34/33/0741/01, opened in relation to the abduction and murder of Amkhad Gekhayev and


Prompt: 15.  In January 2000, when it became known that Margaret Connors was going to marry Michael Maloney, the applicant alleged that the Council manager of the site stated, “The minute you marry Michael Maloney you’ll be out that gate”.


Prompt: 19.  On 5 March 2007 the applicant was questioned by an officer of the department of the interior of the Grozny District. She stated that she did not remember the exact date, but that at about 7.30 a.m. in early October 2002 armed men in camouflage uniforms had burst into their house and taken


Prompt: 102.  In the evening of 27 December 2000 the Urus-Martan district military commander, Mr G.G., stated in a television programme that his unit had arrested a member of illegal armed groups, and read out identity information on


Prompt: 27.  On an unspecified date in June or July 2006 the first applicant again complained to the Prosecutor General, the head of the Federal Security Service and the Minister of the Interior, stating that her family was being threatened by law-enforcement agents, who had harassed her and her relatives and that her son Mr


Prompt: 60.  This report is signed by Lance Corporals Ali Yavaş and Mustafa Tüylek and by Master Sergeants Yusuf Karakoç, Mehmet Yılmaz, Mustafa Ten, Süleyman Altuner, Üzeyir Nazlım and Ramazan Baygeldi. It states that at around 7.30 p.m. on 25 November 1990 sounds were heard in cell no. 18. The door of the cell was opened and the occupant was found unconscious, having convulsions and thrashing from side to side. An attempt was made to contact Senior Major


Prompt: 92.  Mr Bulut Yılmaz sent three letters to the applicant’s lawyers in which he described his eye-witness account of the abduction of Hüseyin Koku on 20 October 1994 (see paragraph 20 above). Mr Yılmaz left Turkey in 1995 and settled in Switzerland where he was subsequently granted political asylum. According to these letters, Mr Yılmaz had seen two plain-clothes police officers talking to


Prompt: 13.  The Municipality did not adopt a decision in respect of the application before the first date of the planned demonstration, on 4 September 2007. Therefore, at 9 a.m. that day the applicants started their protest in front of the Ministry of Internal Affairs. At 9.25 a.m.


Prompt: 30.  In an expert report dated 1 November 2010, a panel of doctors reached, on the basis of medical documents, a conclusion identical to that expressed by I.C. during the previous proceedings before the Court of Appeal (see paragraph 26 above), namely that the victim’s injury had been caused between 6.35 a.m. on 9 December and 6.35 a.m. on 10 December 2005. According to the report, the rupture of his intestine had initially been incomplete and only on 12 December 2005 had it become complete, causing


Prompt: 18.  On 11 August 1998, upon the request of the Şemdinli public prosecutor, the military forces sent a letter to the public prosecutor’s office stating that soldiers had arrested thirteen villagers and taken them to the Derecik military base. The villagers had been released after questioning. However,


Prompt: 18.  On 5 April 2011 the Samarskiy District Court of Samara granted the application. The court noted, in particular, that when questioned as a witness in a criminal case, the first applicant had submitted that his name was


Prompt: 6.  At the material time the Urus-Martan district and the town of Grozny were under the full control of the Russian federal forces. Military checkpoints manned by Russian servicemen were located on all roads leading to and from the area, which was under a strict curfew. A checkpoint manned by policemen from the Special Task Unit of the Yaroslavl region (“the OMON”) was located on the road between the town of Urus-Martan and the village of Gekhi. The applicants and


Prompt: 26.  On 19 July 2005 the applicant's representatives requested the district prosecutor's office to provide information concerning the progress of the investigation in the criminal case, the date of suspension of the criminal proceedings and the results of examination by the investigative authorities of the applicant's version of the involvement of Russian military forces in the abduction of


Prompt: 145.  İrfan Odabaş submitted the report on his investigation to the Diyarbakır Provincial Administrative Council on 15 January 1997. The report names Tahsin Acar as the complainant, İzzet Cural, Ahmet Babayiğit and Harun Aca as the persons accused of the offence of abuse of authority, and İlhan Ezer,


Prompt: 71.  On 3 February 2003 the investigation interviewed as a witness L.A., the deputy head of the local administration. He stated that early in the morning of 12 November 2002 relatives of the Ilyasov brothers had arrived at his office and told him that


Prompt:
16. On 20 October 2005 two lawyers secured by the applicant’s family arrived. The applicant was subsequently charged and questioned in the presence of his lawyers. 2.  Other events around the time of the applicant’s arrest
(a)  Arrest of the applicant’s brother


Prompt: 20.  The second applicant recalls that, as their mini-van was nearing Shaami-Yurt, they saw two planes in the sky launching rockets. In a few minutes a rocket hit a car immediately in front of theirs. The second applicant thought the driver was hit, because the car turned around abruptly. When they saw this, everyone started to jump out of the minivan, and then the second applicant was thrown over by another blast. She fainted, and when she regained consciousness, she realised that two of the first applicant's children,


Prompt: 15.  On 31 July 2001 a number of residents of Achkhoy-Martan gathered in front of the FSB’s office. They blocked the road and demanded to speak with the officials. At some point the head of the office came out from the building and spoke with the crowd. He told the applicants and their fellow villagers that


Prompt: 76.  On 6 November 1995 the Bismil public prosecutor took a statement from the gendarmerie officer Ahmet Uyar, who stated that he had just taken up his duties at the time of the incident and that he did not know anything about it. He further stated that there were two other gendarmerie officers named Ahmet, namely


Prompt: 373.  The applicants also referred to the testimony of senior Yukos executives who had contacts with governmental officials in 2003. Mr Shakhnovskiy testified in 2006 that in 2003 he had met the then Minister of Economy, Mr Gref, who had told him that “the real target of the attack [on the applicants] was the liberal-democratic wing of the government ... and not just Mr


Prompt: 14.  The applicant submitted several statements by neighbours who confirmed that about twenty armed soldiers who had arrived in two APCs had burst into the Magomadovs' house and detained the owner and Mr


Prompt: 8.  On 14 October 2015 the military prosecutor’s office closed the main investigation, finding that the complaints were partly statute-barred, partly subject to an amnesty, and partly ill-founded. It also found that some of the occurrences could not be classified as offences and some were res judicatae (see


Prompt: 27.  In the period January - September 1997 the local forest authority fined two or more of the applicants, including Mr Aliosman Kehaya (application no. 47797/99) and Ms Gulfeze Osmandjikova (application no. 68698/01) on the basis that they had “unlawfully used land for pasture”, “built a cattle-pen on state forest land” and “constructed a hut without a building permit”. Mr


Prompt: 51.  On 23 November 2004 the investigators questioned Ms Dzh.G., who stated that at the end of September 2004 her father had witnessed the abduction of a young man by several men in balaclavas who had pulled over in a car and quickly forced him inside. After the car had driven off, her father had found a mobile telephone, which had fallen out the young man’s pocket, and had given it to her as a gift. She had received several calls from young men who had asked her in the Balkar language who she was and why she had the phone. After that she had turned the telephone off and had used it only when needed. At the end of October 2004 she had thrown away the young man’s SIM card and put a new one in. She did not know


Prompt: 23. In the morning of 27 June 2002 the applicants went to the ORB-2 in Grozny. Gilani Iriskhanov was released in exchange for money. The applicants were told that he had been transferred to the ORB-2 from the military base in Khankala. No information was available about the whereabouts of


Prompt: 19.  The Procurator General observed that the Court of Appeal had found that, despite the acquittal, there were sufficient indications that the offences of which the applicant had been acquitted had been committed by him. In his opinion, this was incompatible with the general rule – reaffirmed by the Court in its judgment in the case of


Prompt: 98.  According to a note/direction in the “Time/Work Sheet”, on 30 January 2006 the “TRNC” Police Chief Inspector (Başmüfettiş - Tahkikat Memuru) wrote to the “TRNC” Nicosia Judicial Police Director – Assistant Police Director (“Polis Müdürü Müavini – Adli Polis Müdürü”) that upon the oral instructions of the “TRNC” Attorney-General (Başsavcı) a copy of the file in respect of the murder of Elmas, Zerrin and


Prompt: 49.  On 8 February 2006 the investigators interviewed A.U. as a witness. He stated that he occupied the post of the deputy head of the Shalinskiy Department of the Interior (“the Shalinskiy ROVD”) and that on 20 September 2005 he had examined the ROVD materials concerning the abduction of


Prompt: 9.  It further appears that later Suren Muradyan was visited by the head of the military unit’s aid post, S.G. (hereafter, military unit doctor S.G.), who apparently administered anti-fever pills and gave some injections.


Prompt: 61.  The Divisional Court next examined the issues under Article 3 of the Convention. It found that the IHT had requested that, prior to trial, the applicants should be detained in Compound 4 of Rusafa Prison, which was run by the Iraqi Ministry of Justice; if the applicants were convicted and sentenced to over ten years of imprisonment, they would be sent to Fort Suse Prison, also run by the Ministry of Justice. The court referred to a report by


Prompt:
150.  The defendants were acquitted since it had not been possible to obtain wholly incontrovertible evidence that would allow the court conscionably to decide that the defendants had caused death by torture.
(o)  Medical and expert reports concerning


Prompt:
10.  The jury had been asked to answer thirty-one questions from the President of the Assize Court. Four of them concerned the applicant and were worded as follows:
“Question 25 – PRINCIPAL COUNT
Is the accused


Prompt: 59.  On 24 January 2006 the deputy prosecutor of the Chechen Republic set aside the decision of 12 December 2005 as unfounded and premature. The decision stated, among other things, that the investigators had failed to interview the head of the Shalniskiy ROVD A.U., who had stated in his letter of 12 September 2005 that


Prompt: 9.  When Mustafa Sayğı was not released, Mehmet Sayğı had gone to the Suruç prosecutor’s office and informed the prosecutor of the detention of his younger brother. When the prosecutor had contacted the military authorities he was told that


Prompt: 184.  The tenth applicant was also questioned on 25 January 2002 and confirmed that on the night in question a group of men wearing camouflage uniforms and masks had broken down the door of his house, searched the house and left. In the morning he learnt that


Prompt:
71.  On hearing gunshots, the witness had run towards Veysi’s house. Her son Cihan was with her. They entered the house and bolted it. There was gunfire and Cihan was shot. Her husband was outside the village grazing livestock. The village guards apparently burned the crops, starting a fire in the threshing area. No terrorists were in the village nor was there any clash with terrorists.
Statement by


Prompt:
29.  On 3 April 2008 the Diyarbakır public prosecutor’s office issued a permanent search notice for the purposes of tracing the person who fired the grenade in question, with effect until 29 March 2021, when the offence would become time-barred. Referring, inter alia, to the decision taken by the police disciplinary board to close the case, it found in particular as follows:
“... The autopsy carried out on 30 March 2006 showed that the death was caused by a tear-gas grenade of type no. 12 which struck [the deceased’s head] ... This projectile was used by the forces on duty at the time of the incident ...
... Under Article 6 appended to Law no. 2559 on the duties and powers of the police, the police are entitled to use physical force, material force and weapons in order to immobilise offenders, in a gradual manner and in proportion to the particularities and degree of resistance and aggressiveness of the offender. In those circumstances, it will be for the superior to determine the degree of force to be used ... [Moreover], under Article 24 of the Criminal Code, a person who complies with statutory obligations cannot be punished and a person who obeys an order given by a competent authority in the exercise of its power cannot be held responsible for his action.
In the registers of the security forces, there is no information concerning the manner in which the death occurred.
...
The deceased


Prompt: 66.  On 16 July 2006 the investigators again questioned Mr L.A., who stated that his son Khavazhi Aliyev was a friend of Rustam Shakhgareyev and that in the evening of 15 July 2003 he had left the house to spend the night at Rustam’s flat. In the morning of 16 July 2003 he had learned from his neighbours that his son had been arrested and taken away with


Prompt: 109.  The applicants are close relatives of Mr Magomed Umarov, who was born in 1984. The first applicant, his father, passed away on 13 December 2015. The fourth applicant, his stepmother, wished to withdraw her application on 24 January 2016. The second and third applicants are Mr


Prompt: 23.  The court, arguing along the same lines as in its judgment of 15 June 2004 (see paragraphs 10-11 above), held that the applicant company had reported on the strictly personal sphere of the claimant’s life in a manner that was likely to undermine him in public. It analysed the contents of the impugned article as alleging that the claimant, Mr Scheibner, who was a married man, had a close relationship with Mrs


Prompt: 151.  On 23 August 2004 the defence lawyers complained to the court that they were unable to show the defendants case materials in the courtroom and were unable to discuss the case confidentially with them. The escort officers required that the lawyers did not approach closer than 50 cm to the cage where the applicants were detained. Mr Padva, the lead lawyer for the first applicant, explained that he had to speak very loudly to his client to be heard at such a distance. The first applicant, in his turn, asked the court to be shown instructions or rules which fixed that distance and, more generally, defined the conditions of the communication between a defendant and his lawyer in the courtroom. The prosecutor replied that the defendants had to solve the matter not with the judge but with the administration of the remand prison or the escort service. Judge


Prompt:
21.  In its decision the court referred to the following passages below:
“...under these circumstances I give up making a big announcement. From my column I say to Prime Minister Recep Tayyip Erdoğan, get well soon. I leave him in the hands of the Turkish doctors. But as a dabbler in amateur psychology I would like to draw attention to a small detail. Having regard to the fact that he defames the birds in the air and the wolves in the mountains, he responds to criticisms with swearing, for him University professors are immoral, the opposition party meagre, journalists shameless, and he also makes inappropriate remarks about the mothers of the voters, I consider it useful for both his and the public’s mental health to investigate whether he had a high-fevered illness when he was young ...
As he has become such a nervous wreck in that he dismissed a question like the erection of the “Pontic Genocide Memorial” in Thessaloniki and tore the visitors’ book in the house of


Prompt: 20.  On 29 October 2007 Garegin Ghuyumchyan and also the first and the second applicants lodged an introductory letter with the Court in which they complained under Article 6 § 1 that Garegin Ghuyumchyan had been denied access to the Court of Cassation, under Article 6 § 3 (c) that


Prompt: 23.  In the statement he gave on 29 January 1996, C said that, after the police had left with Mr Zabchekov, he had found a wrench on the spot where D, Mr Zabchekov and himself had been waiting for the police to arrive. C thought that it must have belonged to Mr Zabchekov as it was the right size for removing a car battery. C explained in his statement that he had kept the wrench and had handed it over to the investigator in the morning on 29 January 1996 when he had been summoned to the police station after the death of Mr Zabchekov. However, in a statement taken on 31 January 1996


Prompt: 86.  In the meantime, on 10 April 2006 the investigators had questioned the deputy head of the Shali local administration. He confirmed that he had spoken with the first applicant about Mr Supyan Mukayev’s abduction, but denied making any references to the Vostok-2 battalion. According to him, at that time he had had only some unverified information that Mr


Prompt: 29.  They had then proceeded to search the room of the tenth applicant, her father. After about twenty minutes they had left. The tenth and eleventh applicants then heard a car leaving the junction of Polevaya Street and Chekhova Street, from the direction of the house of


Prompt: 101.  The applicant's allegation to the effect that Abdullah Çatlı was involved in her husband's murder was not just based on newspaper reports. In 1997 she had a meeting with Fikri Sağlar, a member of the Turkish Parliament and chairman of the Turkish Susurluk committee. In 1998 and in 2001 the Parliament of the “TRNC” established its own Susurluk investigation committee, suspecting that there was a connection between Mr Çatlı and the murder of


Prompt:
6.  The applicants are:
1)  Ms Aset Alikovna Sangariyeva, who was born in 1974;
2)  Mr Abubakar Khamidovich (also spelled Khamitovich) Gaytayev, who was born in 1971;
3)  Mr Adam Khamidovich (also spelled


Prompt: 181.  It was incorrect that Officer Brons had held his service weapon in one hand. It took two hands to hold it in the defensive position. Officer Brons had made gestures, but that had happened before


Prompt: 35.  The name Kenan Bilgin does not appear on the custody records at the Ankara Security Directorate. The records show that several people were arrested and taken into custody at the Directorate between 8 and 29 September 1994, including Bülent Kat and Talat Abay on 8 September,


Prompt: 21.  On 17 August 2006 police officer D-n. of the special unit was questioned. He made a statement consistent with those of Kh. and B., and added certain details. In particular, when he arrived at the sixth floor the stairwell floor was covered with blood, which appeared to belong to police officer G. He heard Mr


Prompt: 53.  At about 7 a.m. on 20 July 2003 two armed servicemen in camouflage uniforms arrived at the fifth applicants’ house in Avtury, Chechnya, and checked the identity documents of the family members. At the time Mr


Prompt: 15.  Between 3.30 and 4 p.m. the mob in the occupied area entered the buffer zone. They were armed with long sticks, batons and iron bars. At approximately 4.30 p.m. a group of the Turkish mob, together with uniformed policemen, managed to isolate several Greek-Cypriot demonstrators whom they started beating. A group of about 15-20 persons, including five uniformed policemen, surrounded


Prompt: 8.  At about 4 a.m. on 30 July 2001 the first applicant was woken up by a noise coming from outside. She heard what sounded like someone trying to quietly open the gates to their yard. When the applicant asked in Chechen: ‘Who’s there?’ she heard no response. Then her husband,


Prompt: 36.  It does not appear that the first applicant applied personally to law-enforcement agencies in connection with the attack of 2 October 1999. It can be ascertained from the documents submitted that Mr


Prompt: 156.  In a letter dated “November 1995”, the Diyarbakır gendarmerie regional commander, referring to a letter of the General Gendarmerie Command of 7 November 1995 and a letter of the provincial gendarmerie command of 24 November 1995, informed the applicant – in reply to a complaint filed by Hüsna Acar and/or the applicant to the General Gendarmerie Command (see paragraph 92 above) – that, according to the results of an investigation that had been carried out,


Prompt: 38.  Despite the Court’s specific requests, the Government refused to submit a copy of the entire criminal case file opened into the abduction of the applicants’ relative. They did not put forward any explanation for their failure to do so. The Government furnished only copies of several witness’ statements, the decisions to open and resume the investigation and the investigators’ requests to various authorities concerning the whereabouts of


Prompt: 58.  On 24 August and 30 August 2003 respectively the Chechnya FSB department and the Operational Search Bureau (“ORB”) informed the district prosecutor’s office that they did not have any incriminating information about


Prompt: 34.  Between midnight and 3 a.m. on 22 February 2003 a group of about ten men, wearing camouflage uniforms, masks and armed with automatic rifles consecutively broke into three houses in Dachu-Borzoy, in the Grozny District. The men spoke Russian and communicated with their superiors by radio. They used several (up to five) APCs and UAZ vehicles. They beat up


Prompt: 53.  Hospital doctor I.M. stated that it was he who had initially diagnosed Suren Muradyan as having malaria, because of the symptoms and the fact that he was serving in a malaria hotbed. Suren Muradyan had not told him, except on the day he died, that he had been beaten or that he had fallen, and since there were no symptoms he did not put such questions to the patient. However, on the last day, when he rushed to provide medical aid to


Prompt: 66.  At about 16.00 hours, about 30 Boyunlu village guards entered Ormandışı village and started firing at all the houses. Bullets hit his house. There were no terrorists in the village or any clash. He heard that the guards murdered Seve Nibak and


Prompt: 29.  As detailed in a medical report of 15 October 1956 by the doctors at the KGB hospital in Vilnius, A.R. “Vanagas” was taken to that hospital at 4:30 p.m. on 12 October 1956 in a particularly grave condition. He was unconscious, his blood pressure was barely felt; he had muscle tremors. Upon medical examination it was established that


Prompt: 25.  On 22 November 2000 members of the Şebinkarahisar Assize Court and an expert visited the area where the incident had taken place. Private Şenel Selcan, who claimed to have been standing next to private


Prompt: 10.  In the morning the next day the applicants went to the head of the village administration and told him about the events of the previous evening. At the same time a body was found on the outskirts of the village of Prigorodnoye, which was identified as Mr


Prompt: 11.  Having broken into the trailer, the armed men immediately started beating Mr Ilez Khamkhoyev and dragged him outside. Two men ‑ Mr M‑A.B. and Mr Ruslan Yandiyev, who were also present at the site ‑ tried to intervene but the armed men took them outside and forced them into their vehicles. They then put Mr


Prompt: 9.  The court noted that the offending passage was to be understood in the way it would be perceived by an average reader. The magazine Profil was aimed at an understanding and intellectual readership and the majority of readers could therefore be expected to discern the satirical and humorous content of the article and the passage in particular. This was not true, however, for a person who read the article only superficially and without the necessary concentration. Such a reader was confronted at the very beginning of the article, namely in its third paragraph, with the impugned passage suggesting that jealousy, rudeness and schadenfreude were obvious characteristics of


Prompt: 77.  On 11 April 2006 the Chechnya Prosecutor’s Office replied to the applicant’s letter addressed to the head of Chechnya Parliament. The letter stated that the investigation had established that on 6 March 2002 at about 3 p.m. at the checkpoint in Kirov-Yurt unknown servicemen of the 51-st airborne regiment had detained and taken to an unknown destination


Prompt: 84.  In this statement Captain Göçmen is introduced as a gendarme captain, commander of Mardin provincial central gendarmerie. He was asked whether it was correct that Yakup Aktaş had been taken with two co‑accused for mutual identification under his, Göçmen's, supervision. He stated that the interrogation of suspects was carried out by interrogation personnel serving under the command of the intelligence unit of the provincial gendarmerie. Related correspondence bore his signature because he was the officer in charge of judicial matters. Prior to the confrontation for identification purposes of


Prompt: 11.  On 8 February 2001 the applicant was transferred to military unit no. 6794 in Astrakhan (later renumbered as no. 3025). According to the applicant, a medical officer noted his complaint of pains in his knees, but did not prescribe any treatment. It subsequently transpired during an inquiry that the applicant had complained about recurrent pains in his knees to his superior,


Prompt: 55.  On the same date, 5 July 2007, the investigators wrote to the head of the UBOP and the head of the Department of the Fight Against Extremism and Criminal Terrorism (the UBE) stating that the investigation into the abduction of


Prompt: 212.  In the days following the abduction, the applicants and their relatives and neighbours contacted various authorities. In particular, in Khankala the applicants’ relative Mr Khasin Abkayev met with Generals


Prompt:
47.  Secondly, he found that detention to be justified under the common-law doctrine of necessity:
“It is now necessary to consider whether there was lawful authority to justify the detention and any treatment of [the applicant]. This is a matter of statutory construction. But it is important to approach the mental health legislation against the context of the principles of the common law. The starting-point of the common law is that when a person lacks capacity, for whatever reason, to take decisions about medical treatment, it is necessary for other persons, with appropriate qualifications, to take such decision for him: Re F. (Mental Patient: Sterilisation) [1990] 2 AC 1, at 55H, per Lord


Prompt: 48.  At the first trial hearing, held on 19 December 2002, the applicant successfully asked the Justice of the Peace to adjourn the proceedings to allow his lawyer to study the case file. On 22 January 2003


Prompt: 33.  On 18 February 2003 the investigators from the district prosecutor's office questioned the applicant, who stated that at about 3 p.m. on 9 December 2002 her son Aslan Sadulayev had been detained by unknown men at a federal forces mobile checkpoint located at the junction near Komsomolskoye village. According to the applicant, her son had been riding with Mr. M.M. and another man in a purple VAZ-2109 car when their car was stopped at the checkpoint. After that


Prompt:
6.  In 2003 a leaflet was distributed in Bryansk and the Bryansk Region concerning a member of parliament (MP), Mr Shandybin, who was going to stand in the forthcoming elections. The leaflet read as follows:
“Enough of telling fairy tales!!! Let us turn to the facts! Read the Israeli weekly newspaper Beseder. The fortune of the member of the State Duma


Prompt: 36.  On 11 October 2004 the investigators also questioned the head of the Khasanya village administration, Mr A.Z., who gave a statement similar to the applicants’ submission before the Court. In addition, he stated that when he had asked the head of the UBOP, officer K., whether


Prompt: 50.  On 17 June 2004 the investigation granted M. Dzh. victim status in the proceedings in case no. 42027 and interviewed her. M. Dzh. stated that her mother, Isa Aytamirov and the second applicant had been living with her in the village of Novy Tsentoroy. At about 4 a.m. on 19 February 2003 a group of armed men had broken down the entrance door and had burst into her house. They had headed to the room where


Prompt: 137.  He did not know Serdar Tanış or Ebubekir Deniz and was not personally responsible for the investigation. However, the other two public prosecutors worked with him. 1.  The petitions lodged with the Silopi public prosecutor's office by


Prompt: 38.  Subsequently the applicant’s lawyers informed the trial court that at their instigation an investigation had been opened into their allegations against the police officers and that a number of people working at the hospital at the time of the events had been questioned by a prosecutor. During the questioning the hospital personnel had told the prosecutor that


Prompt: 15.  On 21 September 2001 the Diyarbakır Branch of the Human Rights Association by letter informed the Ministry of the Interior, the Human Rights Commission of the Turkish Parliament, the Governor of the Emergency Region, the Secretary of State Responsible for Human Rights, the Şırnak Governor, the Prosecutor’s Office in Şırnak, the offices of the Prosecutor and the Governor in Beytüşşebap, of the deaths of Ebuzeyt and


Prompt: 10.  The facts of this application are linked to the case of Atabayeva and Others v. Russia, no. 26064/02, 12 June 2008, which concerned the abduction of Mr Ramzan Kukuyev together with the applicants’ relative, Mr


Prompt: 44.  On 6 and 9 July 2006 investigators interviewed S.-Kh.E., V.Sh. and S.E. as witnesses. They stated that they were distant relatives of Khamzat Tushayev and resided in Duba-Yurt. According to them,


Prompt: 24.  The decision of 10 April 2006 to adjourn the investigation (and subsequent similar documents) indicates that in May 2005 the investigation identified S.B. as a suspect. He was charged with aggravated murder and robbery. In February 2000 S.B. had been a police technician with the sapper battalion of the St Petersburg OMON. The charges stated that on 5 February 2000 he, along with three other unidentified persons, had killed Mr


Prompt:
16.  The public prosecutor refused to give these documents and noted at the bottom of the petition the following:
“It has been decided [by this office] that no prosecution should be brought about the death of


Prompt: 17.  According to the applicants D.A.-aia, O.M.-ov, V.S.-dze and G.D.‑dze are very well-known public figures in Georgia who, with V.M.‑shvili, the Georgian Minister of the Interior, played an active part in the so-called Rose Revolution that brought about the resignation of President


Prompt: 74.  On 18 May 2004 the Grozny court received a complaint by the fourth applicant dated 15 March 2004 about the decision to suspend the investigation into the kidnapping of his son Rustam Achkhanov. In his complaint the fourth applicant reported the following. On 18 July 2001 the car in which


Prompt: 26.  On 24 February 2001 the Chechnya Prosecutor's Office replied to the NGO Memorial concerning the investigation into several cases of disappearances. In relation to Ruslan Alikhadzhiyev, the Deputy Prosecutor wrote that in the course of the investigation of criminal case no. 22025 requests for information had been forwarded to the FSB, the Ministry of the Interior and the Ministry of Defence. None of these agencies had detained Mr


Prompt:
20.  In a judgment of 5 December 2006, notified to the applicant’s representative on 22 January 2007, the Federal Court dismissed the applicant’s administrative-law appeal, finding as follows:
“... 2.1.  Under Article 264 of the Civil Code – in the version in force since 1 January 2003 – a child may be adopted if the future adoptive parents have cared for it and provided for its education for at least one year, and if all the circumstances make it foreseeable that the establishment of a parent-child relationship will further the child’s welfare without unfairly affecting the situation of any other children of the adoptive parents. All adoptions must thus be preceded by a placement and fostering relationship of a certain duration. An imperative condition for adoption, this measure serves to justify the subsequent establishment of a parent-child relationship, to allow a probationary period for those concerned, and to provide the opportunity and means to ensure that the adoption will further the child’s welfare (ATF [Federal Court judgments] 125 III 161 point 3a p. 162 and citations). Under Article 316 of the Civil Code, the placement of children with foster parents is subject to the authorisation and supervision of the supervisory authority or another office for the place of residence of the said parents, as designated by cantonal law (§ 1); where the child is placed with a view to its adoption, a single cantonal authority is competent (§ 1 bis, as in force since 1 January 2003); the Federal Council stipulates the requirements for implementation (§ 2).
In accordance with Article 11b of the Federal Council Order of 19 October 1977 governing the placement of children for the purposes of support and with a view to adoption (‘the OPEE’; RS 211.222.338), as in force since 1 January 2003, placement authorisation is given only where the personal qualities, state of health and educational capacities of the future adoptive parents and other persons living in their household, together with the housing conditions, offer every guarantee that the placed child will benefit from appropriate care, education and training, and that the well-being of the other children living in the family will be safeguarded (§ 1 (a)), that there is no statutory impediment to the future adoption and that all the circumstances put together, in particular the motives of the future adoptive parents, enable it to be foreseen that the adoption will further the child’s welfare (§ 1 (b)). The authority must particularly take the child’s interest into account where the age difference between the child and the adoptive parent is more than forty years (Article 11b § 3 (a) OPEE; see, on this issue, ATF 125 III 161 point 7a p. 167/168).
This primary condition of adoption – the welfare of the child (Article 264 of the Civil Code) – is not easy to verify. The authority must ascertain whether the adoption is really capable of ensuring the best possible development of the child’s personality and of improving his or her situation; that question must be examined in all respects (emotional, intellectual, physical), without attributing excessive weight to the material factor (ATF 125 III 161 point 3a in fine p. 163 and citations). 2.2.  Under Article 264b § 1 of the Civil Code, an unmarried person – whether single, widowed or divorced – may adopt alone if he or she is at least 35 years old. In this form of adoption, the parent-child relationship is established with a single parent. As a result of that situation, the adoptive parent must, on his or her own, assume the duties that meet the child’s needs and remain available to care for the child to a degree that exceeds that required of each parent in a couple adopting jointly. Accordingly, the authority must particularly take into account the child’s interest where the applicant is not married, or where he or she is unable to adopt jointly with his or her spouse (Article 11b § 3 (b) OPEE). The legislature’s intention was that joint adoption should be the rule and adoption by a single parent the exception (ATF 111 II 233 point 2cc p. 234/235). It may indeed be considered that the child’s interest, which is paramount, consists in principle of living in a complete family. Nevertheless, the law does expressly permit adoption by a single person, without subjecting him or her – unlike those wishing to adopt an adult or a person deprived of legal capacity (Article 266 § 1 Chapter 3 of the Civil Code) – to the existence of ‘valid reasons’. In any event, where the requisite conditions for the child’s welfare are satisfied, and the adoption by a single person meets all the requirements for the child’s fulfilment and personality development, the adoption will be granted; in such cases, at the preliminary placement stage, the conditions laid down in Article 11b of the OPEE will be satisfied, and the placement authorisation must be granted (ATF 125 III 161 point 4b p. 165 and citations). 3.1.  The court below found that the appellant had appropriate educational qualities. She can count on a wide network of persons who support her in her project and have promised to help her take care of the children when she is busy. Since the refusal of the authorities of the Canton of Jura (see B.a above), she has changed the organisation of her life by moving to Geneva, where she carries on her professional activities; since November 2004 she has been renting accommodation in an area close to the parish church of which she is maître de chapelle and in a building that also houses the offices and secretariat of the music festival of which she is the artistic director. Lastly, her financial resources are sufficient (7,000 [Swiss francs] per month). Those points being established, it is not necessary to examine them again. 3.2.  In her application of 19 January 2004 the appellant had sought authorisation to receive ‘a second child, from South America, aged between 1 and 3’; it does not appear from the application lodged the following year that those criteria had changed. However, when she appeared personally before the cantonal authority on 7 December 2005 she declared that she wished to receive a child ‘up to the age of five’; pointing out that A. [the first child adopted by the applicant] was from Vietnam, she expressed a desire to be entrusted with a child who was ‘born in that country’, whilst ‘of course remaining open to other countries’.
As this Court found in a recent case, such an approach cannot be admitted (see judgment of 5A.11/2005 of 3 August 2005, point 3.1, published in FamPra.ch 2006 p. 177). The home study report (Article 268a Civil Code and Article 11d OPEE) is drawn up according to the age and origin of the child, factors that the applicant must indicate (Article 11g § 2 (a) and (c) OPEE). The Youth Office thus quite rightly, in its findings on the cantonal appeal, found that this document had been ‘drawn up on the basis of an application for the adoption of a child aged between 1 and 3 at the time of its arrival’. Any finding to the contrary would suggest that an application could be changed as and when the case so required, for a reduction of the age difference in this instance. It follows that the criticism of the cantonal court for not having granted an ‘authorisation for an older child, in order to reduce the age difference’ appears ill-founded. The fact that the Convention between Switzerland and Vietnam on cooperation in matters of child adoption came into force while the case was pending on appeal, that is to say on 9 April 2006 (RO 2006 p. 1767), is immaterial; moreover, the appellant does not show that she would satisfy the conditions laid down in that agreement, or even – notwithstanding the opinion of the Youth Office’s representative (see record of individual hearing on 5 April 2006) – that her project would in fact be feasible. 3.3.  The appellant was born in 1957 and is thus 49 years old; in relation to a child of between one and three years old – leaving aside the waiting times in international adoption – the age difference would be between forty-six and forty-eight years. In the light of the Federal Court’s case-law such a difference appears excessive (see judgment 5A.6/2004 of 7 June 2004, point 3.2, published in FamPra.ch 2004 p. 710: single person ‘of almost 50 years’ wishing to adopt a ‘girl under 5 years old’; see also the references cited in ATF 125 III 161 point 7a, p. 167/168). As the cantonal authority rightly pointed out, even an age difference of forty-five years is too great. In that case the appellant would, at over 60, find herself the single parent of two teenagers, who, in addition to the problems arising in that period of life, may well face particular difficulties as adopted children (see, for example, judgment 5A.21/1999 of 21 December 1999, point 3d, published in FamPra.ch 2000 p. 546), especially as the future child might have specific needs. The appellant is thus wrong to rely on Federal Court judgment 125 III 161 (age difference between forty-four and forty-six years), where, moreover, the adoption of a single child was at stake (see point 3.4 below). 3.4.  The opinion of the court below, according to which the appellant underestimated the burden represented by a second child, cannot be disputed. Whilst it may be admitted, from a theoretical standpoint, that the presence of a sister or brother may have beneficial effects in emotional and social terms (see judgment 5A.25/1996 of 1 May 1997, point 6b, unpublished, in SJ 1997 pp. 597 et seq.), that assessment should be nuanced as far as adopted children are concerned. The home study report noted that A., after enjoying exclusive maternal attention, faced the risk of ‘reactivating a feeling of abandonment’; the positive effects of a new adoption on her situation (Article 264 in fine of the Civil Code, section 9(b) LF-ClaH [Federal Law on the Hague Convention], and Article 11b § 1 (a), in fine, OPEE) are not therefore certain (see, in general,


Prompt: 34.  On 14 February 2011 Ş.K. made a statement to the Ankara public prosecutor. He submitted that when he had gone to the premises of Aselsan on 6 August 2006, he had examined the deceased’s computer together with an Aselsan manager. They could not find the suicide note on the computer but found it on the USB flash drive. He printed the letter out using a printer there and sent it to the crime laboratory. He also maintained that he had confiscated the USB flash drive and given it to E.Ş., the then Altındağ gendarmerie commander. He had then assumed that the USB flash drive would be sent to the public prosecutor’s office to be included in the investigation file. Ş.K. stated that he had not looked into when the suicide note document had been created as he had limited knowledge of information technology and as he had not received an order to carry out such an analysis. He considered that fingerprinting the suicide note would be sufficient for a comparison between the copies of the letter found at the deceased’s workplace and in his car. Ş.K. lastly noted that he did not have any knowledge as to the briefcase and the documents therein found in Mr


Prompt:
12.  On 19 September 1997 the applicant's counsel filed an application for release. That application was dismissed by the Kielce Regional Court on 6 October 1997. The court's decision was reasoned as follows:
“The applicant's counsel submitted in his application for release that


Prompt: 52.  By a letter of 7 September 2004 the republican prosecutor’s office informed the first applicant, in reply to his complaint of 20 July 2004, that the military prosecutor’s office of military unit no. 20102 had refused to institute criminal proceedings against the FSB officers on 13 June 2004. The letter stated that on 12 May 2004 the Urus-Martan Town Court had authorised


Prompt: 30.  The Government submitted that on 29 April 2004 the investigating authorities had again interviewed the first applicant who had confirmed that Mr M. and her sons had had a quarrel. She had also referred to Ms P.'s words to the effect that Mr M. had told her that the Yansuyev brothers were not being kept in Khankala, and that he had searched for the intelligence officer Mr


Prompt:
44.  On the same date, 18 January 2013, one of the applicants’ lawyers from the UMG, Mr A.R., requested that the investigators take the following steps:
“... 1.  Include in the case file the video of the meeting of the Ingushetia sportsmen with the President of the Republic, Mr


Prompt:
135.  In response to a question regarding the identity of the person who had telephoned Serdar Tanış on 25 January 2001, the witness replied:
“No call was made by the commanding officer of the Silopi gendarmerie. The list compiled by the telephone operators indicates the name of the person who rang


Prompt: 61.  In the context of the proceedings in the Khashiyev and Akayeva case (cited above) the applicants submitted a statement by Christopher Mark Milroy, registered medical practitioner, Professor of Forensic Pathology at the University of Sheffield and Consultant Pathologist to the British Home Office. The statement was prepared on the basis of the witness statements and of colour photographs taken by


Prompt: 40.  On 15 October 2003 the prosecutor's office of the Leninskiy District of Grozny (“the district prosecutor's office”) granted victim status in case no. 12199 to the following five applicants: the second, eighth and ninth applicants in relation to their sons' kidnapping; and the fourth and sixth applicants in relation to their sons' kidnapping and the theft of their cars. The decision referred to the registration number of the car which had belonged to


Prompt: 39.  The judge found that the policy had been taken into account from 29 April 2010 up to the date of the hearing on 22 July 2010 (“the second period of detention”). He therefore found that continuing detention was lawful during this second period. The judge also rejected submissions that the period of detention had become unreasonable and unlawful under the principles set out in R v. Governor of Durham Prison, ex parte


Prompt: 102.  According to the Government, the investigation also questioned another ten relatives and neighbours of the disappeared persons, including the fifth applicant and Rizvan Ismailov's cousin. None of them had witnessed the abduction and they had learnt about the events several days later.


Prompt:
21.  On 22 May 2008 the Supreme Court of Russia dismissed the appeal for the following reasons. The Colombian Government had given diplomatic assurances that the applicant would not be ill-treated if extradited. They had also stated that conditions of detention in Colombian penitentiary institutions were decent and that Russian officials would have a right to visit those institutions for regular checks. There were no grounds to suspect that the applicant would be ill-treated if extradited. The applicant had not been persecuted on political grounds. According to the Colombian Embassy, officials' media statements could not affect decisions already taken by the judiciary. The Colombian Vice-President was not a hierarchical superior of the judiciary, the Ministry of Justice or the penitentiary service. The applicant's actions were punishable under Russian law in force in 1989-90, which laid down a severer sanction than Article 205 § 1 of the Russian Criminal Code. The appeal ruling read, in particular:
“There are no grounds to believe that in the event of extradition


Prompt: 62.  At about 11 p.m. on 17 May 2005 Mr Khizir Galtakov and his friend Mr K. were in the village of Znamenskoye, Chechnya, at the intersection of Shosseynaya Street and the road between Ken‑Yurt and Bratskoye, when a group of about six armed men in camouflage uniforms and balaclavas arrived in a grey UAZ vehicle without registration plates. The men forced Mr


Prompt: 8.  Alevism originated in central Asia but developed largely in Turkey. Two important Sufis had a considerable impact on the emergence of this religious movement: Hoca Ahmet Yesevi (12th century) and


Prompt:
15.  A preliminary inquiry was carried out with respect to alleged criminal acts perpetrated by the twenty penitentiary guards charged with the supervision of the detainees.
The military prosecutor in charge questioned the officers that had been on duty while the applicant’s son was detained at Rahova Penitentiary, in order to establish whether there had been any incidents between the detainee and his cellmates and whether there had been any incidents when force or other immobilizing methods were used with respect to the detainee. The guards reported that no incidents had occurred in cell no. 626 and that they had not noticed any injuries on the detainee’s face. Similar statements concerning the lack of any incidents in their cell were given by some of the applicant’s son’s cellmates.
One of the cellmates, V.O.C., stated in his deposition given before the military prosecutor on 17 June 2004, that he had heard that


Prompt: 10.  On 15 July 1991 Ms Polikseni Pistika (Foka) was transported by the police to a hospital for treatment. She was admitted to the psychiatric department of the Balıklı Rum (Greek) hospital in Zeytinburnu, Istanbul, because she was not capable of taking care of her personal affairs. The authorities thus appointed a guardian for Ms


Prompt:
359.  The question of harassment of the first applicant’s lawyers was raised by several former managers of Yukos in the extradition proceedings in which they took part in the United Kingdom (for more details see below). Senior Judge Workman of the London Extradition Court, who examined extradition requests by the GPO, concluded that the first applicant’s lawyers had been subjected to harassment. In particular, he held as follows:
“Mr Shmidt provided me with details of lawyers involved in the cases concerning Mr


Prompt: 48.  The witness, who is the daughter of the first applicant and the sister of the second, was at her father's house on the night of the incident. She said that while they were sleeping at home, some police officers came to their house and asked about her brother Mehmet Şah. When her father explained to the police officers that Mehmet Şah was staying at his uncle's house, the police officers left the house, taking Halil with them. Some time after, the police officers came back and arrested everyone in the house, including the witness. They were first taken to Çarşı Police Station and then to the police headquarters. The witness explained that she had not seen Mehmet Şah in the Çarşı Station but she had seen him at the police headquarters. When they arrived at the police headquarters, they walked upstairs and were taken into a hall. Their eyes were not covered but they were forced to hold their hands behind the back of their necks. They were made to stand facing the wall. When the witness glanced over her shoulder, she saw that Mehmet Şah was standing next to her. This was the last time she saw him. However she recalled hearing his voice at the Rapid Intervention Force, which was the third place they were taken to. He was moaning. She was kept in a cell, together with Makbule, Nefise, Adile, Bilge and


Prompt: 39.  By a judgment of 5 May 2006, the Regional Court granted X’s application in the main proceedings, ordered the applicant company to refrain from any further publication of the second article on pain of penalty and ordered it to pay EUR 449.96 in costs, plus statutory interest accrued from 22 September 2005. It based its decision on essentially the same grounds as those set out in its judgment of 11 November 2005 (see paragraphs 18-30 above). It stated that the case in question had to be distinguished from the one that had been the subject of the judgment of the Federal Court of Justice of 15 November 2005 (see paragraph 48 below) in that the person concerned in that case, Prince


Prompt: 12.  On 25 January 2000 at about 6 a.m. about 20 men in military uniforms, some wearing balaclava masks, entered the house. Four men, apparently the same ones who had been in the house the previous day, said that they were carrying out a passport check and ordered the first applicant, whom they had addressed by name, to go with them to the local police department to find out about her passport. The first applicant's son


Prompt: 55.  On 20 June 2003 Mr Vakha Nauzov and Mr U.M. drove to work in a silver-blue VAZ-2106 car with registration plate no. 173-05. At 11 a.m. they were stopped at checkpoint no. 75 on a highway near the village of Druzhba. Fellow villagers who were passing the checkpoint in a minibus at the time, including Ms A.E. and Ms D.Kh., saw that several servicemen had surrounded Mr


Prompt: 13.  On 8 May 2007 the applicant made a statement to the Diyarbakır Assize Court. He contended that he had not disseminated propaganda during his speech but had only thanked those who had worked for peace and had also condemned


Prompt: 39.  On 7 September 2002 the security operation in Tsotsi-Yurt was finished. The servicemen did not release the applicants’ relatives. The applicants have not seen Salakh Elsiyev, Iskhadzhi Demelkhanov,


Prompt: 13.  Elsewhere, police checkpoints were set up on the main roads to impede a further 1,300 Witnesses – including the applicants B. Kurashvili, R. Tskhadaia and B. Tskhadaia – from reaching the meeting. According to applicant


Prompt: 25.  On 17 October 2006 eighteen of the applicants, Susana Ciorcan and three other victims made statements to the prosecutor. Their statements were consistent, in that they all said that on seeing the police vehicles they had come out of their houses with their spouses and children out of curiosity. While normal discussions had been taking place between


Prompt:
14.  On 29 January 2013 the Prosecutor General’s Office and the Ministry of Internal Affairs issued a new joint press statement concerning the events in Ismayilli. It noted that ten people had been charged with criminal offences in connection with the events of 23 January 2013, and had been detained pending trial. In addition, fifty‑two people had been arrested in connection with their participation in ‘actions causing a serious breach of public order’; some of them had been convicted of ‘administrative offences’ and sentenced to a few days’ ‘administrative detention’ or a fine, while others had been released. The statement further noted that ‘lately, biased and partial information has been deliberately disseminated, distorting the true nature of the mentioned events resulting from hooliganism’, including information about large numbers of injured people and the disappearance of one individual. The statement refuted that information, noting that only four people had been admitted to the regional hospital with injuries and that no one had disappeared. It further stated, inter alia, the following:
‘Following the carrying out of inquiries, it has been established that on 24 January 2013 the Deputy Chairman of the Musavat Party,


Prompt: 19.  On 22 October 1998 gendarmerie lieutenant-colonel Sabri Semen was appointed as the investigator on the case and began questioning the gendarmerie personnel who had taken part in the incident. On 25 October 1998 the lieutenant-colonel concluded his investigation and recommended that no permission be given for the prosecution of the six gendarmerie personnel. The report contains a summary of the statements made by, inter alia, the six gendarmerie officers, the applicants and


Prompt: 30.  On 17 September 2001 Hazım Aslan, Zübeyt Aslan and Hacı Aslan submitted two petitions to the Van Prosecutor’s office and informed the Prosecutor about the anonymous telephone call that had been received by


Prompt: 63.  On 27 April 2002, following a request by the first applicant, the investigator requested the head of the Chechnya Department of the FSB to identify and question officer P., who had headed the Kurchaloy district department of the FSB in October 2000, and who had allegedly participated in


Prompt: 15.  On 18 February 2003 two officers took the first applicant out of the basement, put a plastic bag over his head, bound it and his hands with adhesive tape and pushed him into a military UAZ car. In the vehicle the first applicant felt someone's heavy, cold body on the floor. He realised that this was the body of his brother,


Prompt: 126.  Having entered the first applicant’s house, the military ordered the first applicant’s husband, Mr Pavel Akhmadov, to lie down and pointed their rifles at him. The first applicant’s youngest son, Mr


Prompt: 69.  On 10 February 1998 the Edirne Security Directorate informed the Edirne Security Directorate responsible for Public Order that Talat Türkoğlu had been arrested by the Edirne police on 21 September 1994 for membership of the TDP and that he had subsequently been transferred to Istanbul. Since that date,


Prompt: 15.  In the meantime, on 3 May 2004, the police, relying on section 62 of the 1997 Ministry of Internal Affairs Act (see paragraph 108 below), ordered the head of Ilinden’s Blagoevgrad chapter not to organise “rallies by members of the organisation ... without permission by the Mayor of Blagoevgrad and in breach of the [1990] Meetings and Marches Act”. The order further admonished him to “coordinate the members of Ilinden to prevent demonstrations with foreign ... flags and other symbols, or the display of placards ... with anti‑Bulgarian slogans, which [was] likely to incite unrest and breaches of public order”. Another member of Ilinden was ordered not to commemorate the anniversary of the death of


Prompt: 36.  According to the Government, the applicant had not provided the investigating authorities with any information about the alleged detention of the taxi driver Mr Z. Kh. The authorities had decided to check the version involving the latter after coming across an article by Mrs Estemirova, published on the Internet, which had linked the disappearance of Mr Z. Kh. to that of Mr


Prompt:
26.  On 25 June 2008 Nasimi District Police Station no. 22 issued an explanation (arayış) concerning the police intervention of 14 June 2008. The relevant part of this document, signed by the Head of Nasimi District Police Station no. 22, M.T., reads:
“On the basis of the information that about fifty people had gathered at café “Alaturka” in the basement of building no. 6 at 28 May Street in Baku on 14 June 2008, at around 1 p.m. police officers from the Baku City Police Office took measures in order to identify the persons gathered in this place and to establish the purpose of the gathering, and twenty-two of them were taken to Nasimi District Police Station no. 22.
After these individuals had arrived at Police Station no. 22 at 1.55 p.m., they were registered in the “apprehended persons’ registration log” (gətirilmiş şəxslərin qeydiyyat kitabı) and were released at 4.30 p.m. At the police station, their identity was established and statements were taken from nine of them in order to establish the purpose of their gathering in that location.
... At the police station, their identity was established and they were released following a “prophylactic conversation” (profilaktik söhbət). It was also established that


Prompt: 12.  The Coalition Provisional Authority (CPA) was created by the government of the United States of America as a “caretaker administration” until an Iraqi government could be established. It had power, inter alia, to issue legislation. On 13 May 2003 the US Secretary for Defence,


Prompt:
17.  In a judgment of 19 May 2000 (nos. 192947 and 194925), notified on 20 June 2000, the Conseil d'Etat, after joining the two cases, ruled as follows:
“... Under the first paragraph of Article 34 of the ... decree [of 9 May 1995 pertaining to the opening of mines and mining regulations]: 'The prefect shall decide, by way of an arrêté (order), on regulations applicable to mining. Except in cases of urgency or imminent danger he shall first invite the mine operator to submit its observations and shall set a time-limit for that purpose'. In view of the seriousness of the subsidence which occurred on 14 October 1996, 18 November 1996 and 15 March 1997 above various mines that had been operated by the company Société des Mines de Sacilor Lormines and having regard to the report filed on 20 May 1997 by the scientific advisory board set up on 25 March 1997 for that purpose, the prefects of Moselle and Meurthe-et-Moselle were legally entitled to issue the urgent order of 26 May 1997 requiring the applicant company to entrust to a panel of experts the analysis and risk assessment of a number of mining sites, and to have a network of surveyors permanently available in order to carry out the requisite supervisory measures. They were also entitled, on account of the urgency, without consulting the mine operator and as soon as the report had been issued by the experts appointed in the order of 26 May 1997, to require the company, in the order of 18 July 1997, to ensure that a network of building experts was permanently available. Accordingly, the arguments to the effect that those orders were issued without complying with the lawful procedure, in breach of the provisions of Article 34 of the decree of 9 May 1995, cannot be upheld.
Article 79 of the Mining Code, in the version deriving from the Law of 15 July 1994, reads as follows: 'prospecting and mining work shall comply with the restrictions and obligations pertaining to ... / public health and safety, ... [and] to the solidity of public or private edifices ... / When the interests mentioned in the previous paragraph are put at risk by such work, the administrative authority may require the prospector or mine operator to take any measures for the purposes of ensuring the protection of those interests within a given time-limit'. The last paragraph of Article 84 of the Mining Code, which lays down the rules governing the discontinuance of mining operations, provides as follows: 'When the measures provided for by the present Article, or those prescribed by the administrative authority pursuant to the present Article, have been executed, the administrative authority shall issue the prospector or operator with its formal confirmation of completion ...'. Article 49 of the decree of 9 May 1995 provides: 'the administrative supervision and the mining regulations shall cease to take effect on the date that the operator is issued with formal confirmation that the work has been completed ... / However, the prefect shall be empowered ... to take ... any measures that may be rendered necessary by incidents or accidents that can be attributed to former mining work, when such events are capable of damaging the interests protected by Article 79 of the Mining Code, until the expiry of the mining concession'.
First, contrary to what has been contended, the Law of 15 July 1994 entered into force as soon as it was published; subsequently, and notwithstanding the fact that the applications for abandonment of operations were submitted before the entry into force of that Law, the prefects of Moselle and Meurthe-et-Moselle legally implemented it.
Secondly, it follows from the combination of the provisions cited above that the completion by the operator of the work prescribed by the administrative authority for the purposes of closing a mine does not suffice to exonerate if from all liability unless and until it has been issued with formal confirmation of completion and, as regards any incidents and accidents that may interfere with the protection of the interests provided for under Article 79 of the Mining Code, for as long as the operator holds the mining concession. It follows from the documents in the case file that, with the exception of the concessions of Valleroy and Moutiers, the prefects of Moselle and Meurthe-et-Moselle had not issued formal confirmation of the completion of work in respect of the mines abandoned by [the applicant company], nor had they accepted the proposed renunciation of the concessions concerned. Subsequently, the prefects ... were lawfully entitled, except in respect of those parts of the municipalities that were located above the Valleroy and Moutiers concessions, to impose on the operator the necessary measures to prevent repetition of subsidence.
Under Articles 79 and 84 of the Mining Code, the administrative authorities are entitled to require the operator to take any measures for the purposes of guaranteeing public health and safety and the solidity of edifices, as provided for in Article 79 of the Code. These measures may consist both in studies for the assessment and enumeration of risks and in work to prevent or put an end to incidents.
It is hereby decided as follows:
Article 1: The implied decisions of 3 November 1997 and 18 January 1998 of the Minister for Economic Affairs, Finance and Industry and the orders of 26 May 1997 and 18 July 1997 are annulled in so far as they imposed on the [applicant company] measures of prevention, supervision and verification in respect of the areas of the municipalities located above the concessions of Valleroy and Moutiers of which the renunciation had been accepted by the authority.
Article 2: The State shall reimburse to Société des Mines de Sacilor Lormines, with interest, the sums pertaining to the sites in respect of which the decisions of the Minister are annulled by the present decision;
Article 3: The State shall pay to Société des Mines de Sacilor Lormines the sum of 20,000 francs under section 75-I of the Law of 10 July 1991.
...
After deliberation on 26 April 2000 in the presence of: Mrs Aubin, Deputy President of the Judicial Division, presiding; Mrs Moreau, Mr


Prompt: 6.  On 7 January 2008 the Erzurum public prosecutor initiated criminal proceedings against fifteen people, including the applicants, charging them with disseminating propaganda in favour of the TKP/ML, under section 7(2) of the Prevention of Terrorism Act (Law no. 3713). According to the indictment, during the gathering, the second applicant had read out a press declaration containing statements praising the TKP/ML and


Prompt: 143.  The Government submitted that on 13 May 2005 the investigating authorities had sent a number of queries to various State bodies in the Southern Federal Circuit in order to establish the whereabouts of


Prompt:
21.  The lawyer presented the panel of experts with the following questions:
“1. In view of the [forensic] expert reports presented, were the injuries to [the victim’s] body and [through his] clothes inflicted with one or several objects (knives)? 2. How possible is it that


Prompt: 56.  On 29 October 2003, after having held an oral hearing, the County Administrative Court reversed the Social Council's decision and ordered the immediate termination of the care orders. It first observed that the criticism which it had noted already in its previous judgment concerning the investigations and evaluations of the children remained. It then had regard to the report made by Dr


Prompt:
60.  The applicant did not dispute the cell measurements or the number of bunks. He disagreed, however, with the figure given by the Government for the number of inmates. According to him, between February and December 2000 he stayed in cell no. 4-9 that housed 18 to 35 inmates and between December 2000 and May 2004 he was kept in cells measuring approximately 36 sq. m, together with 20 to 40 other detainees. After the new Code of Criminal Procedure came into effect on 1 July 2002, the number of inmates in his cell dropped to between 15 and 25. Given the lack of beds, inmates slept in eight-hour shifts. They waited for their turn sitting on the concrete floor or on a stool if one was available.
In support of his statements the applicant produced written depositions by three former cellmates, Mr


Prompt: 26.  One of the members of the panel of the Supreme Court, Judge D. Visterniceanu, disagreed with the opinion of the majority and wrote a dissenting opinion. He submitted, inter alia, that the first-instance court had failed to address all the submissions made by the applicant company and had illegally examined the case in its absence. Moreover, only one provision of the ANRTI Regulations had been applied, whereas it was necessary to examine the case in a broader light and to apply all the relevant legislation. Finally, ANRTI’s decision of 6 October 2003 contravened its decision of 17 September 2003. Judge


Prompt: 13.  The investigation also included a post-mortem psychiatric assessment of the deceased performed by a panel of three psychiatrists. In their first report, dated 19 November 2004, they stated that on the basis of the elements before them it was not possible to state whether Ion Anuşca had been influenced by another person to commit suicide. In their second report, dated 17 December 2004, and following an interview with “Olesea”, they concluded that there was nothing about


Prompt: 35.  During the trial M.N.B. maintained that on the day in question he had been about to go to Adana city centre on his motorbike when the applicant’s son had asked him for a lift. While riding the motorbike towards the city, he had stopped at a set of traffic lights and at that moment a car had hit them and they had fallen to the ground. At the time he had thought that they were about to be robbed and had panicked. Then he had heard gunfire and seen


Prompt: 8.  At about 5 p.m. the car with the three men was stopped for yet another identity check at the checkpoint manned by the OMON from Yaroslavl. The servicemen looked at the police identity card provided by Mr L.M. and asked for the passports of


Prompt: 22.  An important, albeit not decisive, consideration under section 108 of the Administration of Courts Act was also the fact that both counsel for the defence and the assistant advocate had demanded that J recuse herself. Under Article 6 § 1 of the Convention, “the standpoint of the accused [was] important but not decisive”; in this case the “fear” of lack of impartiality by the applicant had been “objectively justified” (see


Prompt: 10.  At around 3.30 p.m. the same day, following C.H.’s request, the applicant was taken to hospital because of his injuries. He overheard the police officers telling the doctor that he had fallen to the ground. One of the police officers then took the doctor aside and started talking to him in private. The applicant was not given painkillers by the doctor until the Honorary Consul of Canada in Cyprus (“


Prompt: 20.  The article stated that from this episode and many others, the financial brigade investigators, in a report of 1 December 2008, had concluded that there was “a series of sufficiently strong presumptions that the offence of undue influence [had] been committed by B.”; and that the photographer, for his part, had denounced an “odious attack” on a “world-famous artist”. It ended thus: “the court will rule whether the fortune passed to him by


Prompt: 6.  On 29 December 2003 the applicants’ then sixteen-year-old son, Bilal Çoşelav, was serving a prison sentence in the juvenile wing of Kars Prison when he made an attempt to take his own life by hanging himself in the courtyard. Prison warders arriving at the scene resuscitated him and he was subsequently returned to his prison wing. In a statement taken by the prison governor,


Prompt: 10.  On the morning of 18 April 2004 the organisers of the rally built a stage near the grave and started decorating it. According to them, at about 10.30 a.m. a plain‑clothes police officer, accompanied by two uniformed police officers, approached and told them to stop decorating the stage, as the Mayor’s permission was valid only until 12 noon, and after that they were to leave the area. That statement led to tension, with some of the participants reacting forcefully. After that the rally was allowed to proceed. The Government disputed that assertion. According to them, the rally took place without incident and was attended by more than two hundred foreign guests, including representatives of the embassy of “the former Yugoslav Republic of Macedonia” and a number of Bulgarian and Macedonian journalists. According to the applicants, no other organisations held events at


Prompt: 7.  On the same day, the head of the Anti-Terrorist Branch of the İskenderun police headquarters requested the İskenderun Maternity Hospital to establish Nazime Ceren Salmanoğlu’s virginity status and determine whether she had had recent sexual relations (bakire olup olmadığı ve yakın zamanda cinsel ilişkide bulunup bulunmadığını gösterir kati doktor raporunun verilmesi). The medical expert, S.S., who conducted the examination, noted, on a document of the police, that


Prompt: 6.  On 28 June 2001 (in the documents submitted the date also referred to as 29 June 2001) Mr Vakhit Gambulatov left home and did not return. The next day the applicant and her relatives learned that on 28 June 2001 Mr


Prompt: 64.  On 13 November 2008 the applicant asked the investigators to inform her of the progress of the investigation into her son’s abduction and to provide her with access to the case file. In the request, she mistakenly gave the name of her son as


Prompt: 26.  It was later found by the High Court (as it was disputed) that it was more likely than not that Giles Van Colle made mobile telephone contact with DC Ridley before 17 November 2000 as regards the telephone call of 9 November 2000. DC Ridley accepted that on that date he requested


Prompt: 24.  At around 7.30 a.m. on 21 December 1994, the Mardin Kapı Police Station was informed by passers-by that a person was lying near the Mardinkapı cemetery in Diyarbakır. Acting on that information, police officers found a body, with its hands tied behind its back. It was lying on top of a rubbish heap near the cemetery. The police found an identity card on the body in the name of


Prompt: 25.  Thereafter two armed men took Ali Vadilov by his hands and carried him into the courtyard. The first applicant cried and asked them not to take him away, saying that he was disabled. Nonetheless they put


Prompt:
17.  A report was drawn up concerning the discovery of the offence while being committed. It recorded the sequence of events, the material items identified and the applicant’s replies to questions from the investigators. The applicant’s statements were recorded as follows:
“... When he [the applicant] was apprehended, the public prosecutor ... S.G. asked Dr


Prompt: 124.  Marzet Imakayeva, the wife of Said-Magomed Imakayev, the fifth man detained on 2 June 2002 in Novye Atagi, applied to the European Court of Human Rights (see Imakayeva v. Russia, no. 7615/02, 9 November 2006). Within these proceedings the Government first denied that


Prompt: 61.  On various dates in the spring 2004 the investigators sent a number of queries to various district prosecutors’ offices and departments of the interior in Chechnya, asking them to provide information concerning the whereabouts of


Prompt: 204.  In 2004 the investigators sent a number of requests to the domestic authorities, including military units and detention facilities, in an effort to establish the whereabouts of the Dishnayev brothers and Mr


Prompt: 89.  The statements of prosecution witnesses, video recordings and other evidence proved that there had been mass disorder in Ismayilli between about 4 p.m. and 5 p.m. on 24 January 2013, that the applicant had been in Ismayilli at that time, and that, together with


Prompt: 15.  Having taken away Arbi Karimov the servicemen started searching the applicants’ house. There was no electricity and the servicemen used torches. The servicemen took a number of items of the applicants’ property, including a couch, pillows, bed linen and fabrics. They also took a number of personal documents, including the first applicant’s passport and his pensioner’s identity card, and the passports of the fourth applicant,


Prompt: 12.  On the following day the applicant and other inmates submitted to the Prosecutor of the Kursk Region applications for the institution of criminal proceedings against B., the head of the correctional colony, colony officials D. and R. and others, on account of numerous instances of ill-treatment of prisoners. Criminal proceedings in case file no. 1519 were instituted against two prison officials, D. and R., on account of the alleged beating of inmate Sh. However, no criminal proceedings were instituted into the applicant’s allegations as set out in his complaint to