Prompt:
44.  The minutes of the meetings of the Divisional Internment Review Committee (DIRC) referring to the applicants read as follows:
DIRC minute dated 27 July 2004
“UK SofS [Secretary of State] is concerned about the death penalty and the [Iraqi] prosecutor is not sure that there is a realistic prospect of conviction as the offence happened too close to the actual hostilities. Negotiations are continuing at a high level.”
DIRC minute dated 31 August 2004
“Referred to SofS over proposed transfer to CCCI [Central Criminal Court of Iraq] because the death penalty might be imposed. There has now been a case conference between prosecutor, MoJ [Iraqi Ministry of Justice] and FCO legal [United Kingdom Foreign and Commonwealth Legal Advisers].
CCCI is still considering whether to take the case. Comd [Commander] Legal will chase SofS and progress from CCCI.”
DIRC minute dated 28 September 2004
“A case conference was held in Baghdad on 24 Sep 04. This has convinced the prosecutors that there is a good case. However they have cold feet about prosecuting it as the matter is so high profile. Legal Branch will be considering with SBMR-I [Senior British Military Representative – Iraq] POLAD [Political Adviser] how to proceed; we may have to bring a prosecutor or assistant out from UK.”
DIRC minute dated 19 October 2004
“S03 Legal [a military legal officer] has asked ALS [Army Legal Service] Brig Prosecutions to look into establishing a new post in Baghdad for an ALS officer to assist with the prosecution of this case. The requirements will be discussed between S03 Legal and the US JAG [Judge Advocate General] liaison team to the CCCI when S03 Legal attends Baghdad on Thursday 21 Oct 04.”
DIRC minute dated 2 November 2004
“SIB [Royal Military Police Special Investigation Branch] have now completed final interviews, which have not progressed the case in any material way. Discussions between Legal Branch, SBMR-I POLAD and DALS [Directorate of Army Legal Services] are ongoing reference the bid for an ALS officer/civilian lawyer to assist with the prosecution of this case. S03 Legal [British military legal officer, Capt HRB Mynors] will go to Baghdad from 03 to 05 Nov 04 to begin to assess the paperwork and decide what further work is needed and how long it will take, in order better to decide on the requirement for the assistant prosecutor.”
DIRC minute dated 9 November 2004
“S03 Legal visited Baghdad to consider the requirements for a CCCI LO [Iraqi Central Criminal Court Legal Officer]. The [deleted] Case is almost ready to take to court but the EOD [explosive ordinance disposal] case ... will need a significant amount of work. The decision over who will take on these cases has been staffed back to Brig ALS Advisory.


Prompt: 122.  On 20 February 2004 the investigators questioned the neighbourhood police officer who had participated in the search which followed the abduction. He submitted that on 7 October 2004 he had accompanied a group of the FSB officers who intended to check the registration documents of two families, including that of Ms M.M. When they had arrived at the latter’s address he had remained outside. The FSB officers had entered the house and left it shortly thereafter. Then they had moved to another address and found a large secret store of weapons. According to rumours, the location of that store had been disclosed by Mr


Prompt: 63.  On 26 December 2004 the district prosecutor’s office sent requests for information concerning Saydi Malsagov to a number of remand prisons in different regions of Russia, including remand prison IZ-20/2 in Chernokozovo. On the same date they requested information on


Prompt: 12.  In the Regional Court’s view, the incriminated passage meant that Mr Stadler already new of Mr Rosenstingl’s fraudulent transactions before November 1997. However, having regard to the evidence adduced in the criminal proceedings against Mr


Prompt: 7.  On 1 July 1996 the Security Protection Act (Säkerhetsskyddslagen 1996:627) and the Security Protection Ordinance (Säkerhetsskyddsförordningen 1996:633) entered into force, on the basis of which, in 1998 Air Inn requested that the CAA run a security check, including a check of registers, on the applicant. The CAA had to request the National Police Board (Rikspolisstyrelsen) to check the registers. Thereafter, the National Police Board had to turn over the case, including the information found, to the Records Board (Registernämnden). The latter decided to communicate to the CAA that the applicant had been convicted of assault twice, in 1979 and 1998, respectively. The Records Board’s decision included the date of the judgments, the case numbers, the name of the district court, the criminal offences of which the applicant had been found guilty and the sentences imposed on him. The judgments, which were public and available at the relevant district court, were not enclosed with the decision. Subsequently, at a meeting with Air Inn and


Prompt:
49.  On the same date (14 March 2012) the deputy Chechnya prosecutor also ordered that the criminal case file be sent to the Chechnya Investigations Committee for further investigation. The decision criticised the investigators’ failure to take basic steps and stated, amongst other things, the following:
“... at the same time, the investigation established that the shooting had been aimed at them [the applicants, Mr M.R., Mr R.M. and Mr D.] and had been carried out with automatic firearms simultaneously, from the same place next to the forest; as a result [the applicants] had received gunshot wounds of varying gravity and [Mr D.] had been shot dead.
Therefore, the above information provides grounds for concluding unequivocally that the unidentified person had the clear intention of killing [the applicants and Mr D.]; ... thus, the actions of the unidentified person should be deemed to constitute murder under parts 1 and 2 (subparagraph “a”) of Article 105 of the Russian Criminal Code, and the case file in respect of criminal case no. 30471 should be transferred to the Chechnya Investigations Committee for investigation and joined with criminal case no. 60012 [concerning the killing of Mr D.].
In addition, up until the present, no request for information concerning the exact place where military unit no. 546262 was stationed has been sent. Neither has any request for information concerning the possible stationing of a military unit next to Savelyevskaya in the Naurskiy District been forwarded.
The military commander of the Naurskiy District, officer


Prompt: 63.  On 19 August 2003 the investigators granted the third applicant victim status in the criminal case and questioned her. The applicant stated that on 6 January 2003 her relative Visadi Shokkarov and another man had been taken from the camp in Ordzhenikidzovskaya by armed masked men to the Sunzhenskiy ROVD in Ingushetia. After that she, her husband Visita and other relatives had gone to the ROVD to find out the reasons for Visadi’s arrest. Near the ROVD her husband Visita had been approached by two men, who had come out of the ROVD building. They had taken Visita into the police station. The applicant had attempted to follow Visita, but she had been stopped at the entrance by the deputy head of the ROVD, Mr I.M., who had told her that Visita had been taken in for questioning and would be released shortly afterwards. The applicant had seen through a crack in the fence that her husband Visita and his brother Visadi had been put by police officers into a UAZ car and after that the car had driven away. After that the ROVD policemen had told her that Visita had been taken from the ROVD to Znamenskoye, in the Nadterechniy district, Chechnya, by representatives of the Chechnya FSB. On the seventh day after Visita’s abduction, the applicant and her relatives had gone to Znamenskoye, where the investigator of the Nadterechniy prosecutor’s office Mr V.P. had informed her, having been in touch with the local branch of the FSB, that on the third day after the arrest


Prompt: 28.  On 19 May and 2 June 2008, on the premises of the Niš Penitentiary, the investigating judge of the Niš Municipal Court heard the following applicants: Mr Zoran Marković, Mr Dejan Stojanović, Mr Nenad Đokić, Mr Ivan Gajić, Mr


Prompt: 14.  As Vincent Lambert’s carers had observed increasing signs in 2012 of what they believed to be resistance on his part to daily care, the medical team initiated in early 2013 the collective procedure provided for by the Law of 22 April 2005 on patients’ rights and end-of-life issues (the so-called “Leonetti Act” – see paragraph 54 below).


Prompt: 6.  The applicants are members of one family. Mr Maksut Netkaliyevich Tuleshov, born in 1953 (the first applicant), and Mrs Aslganym Kalikovna Tuleshova, born in 1955 (the second applicant), are husband and wife; Mr


Prompt: 33.  On 28 May 2004 the investigators questioned the applicant who stated that on 13 January 2004 her son, Mr Muslim Saydulkhanov, had gone to work. However, the next day her husband had found out that Mr


Prompt:
10.  Judith McGlinchey had a long history of intravenous heroin addiction and was asthmatic, for which she had been admitted to hospital on six occasions during the previous year.
It is purported that


Prompt:
98. Throughout the proceedings the applicants complained to various authorities about the abduction and requested assistance in their search. They wrote in particular to the Special Envoy of the Russian President in the Chechen Republic for rights and freedoms in December 2002; to the Chechnya Prosecutor’s Office and the military prosecutor’s office of military unit no. 20102 in March 2003; to the Shali district prosecutor’s office in February and April 2004; to the military prosecutor’s office of military unit no. 20116 in June 2005; to the Shali district prosecutor’s office in February 2006; to the military prosecutor’s office of military unit no. 20116 and to the Chechnya Prosecutor’s Office in November 2006; and to the Chechen Government in August 2008. 5.  Application no. 30327/09, Adiyeva and Others v. Russia
(a)  Abduction of


Prompt:
96.  In a letter of 28 February 1998, addressed to the Prosecutor General’s Office, the applicant stated that he had been detained in Khmelnitskiy Prison since 13 March 1995 and that he had never been subjected to inhuman or degrading treatment. He also stated that he was satisfied with the conditions in which he was detained and that he had no complaints against the prison administration.
He mentioned a letter from his representative, Mr


Prompt:
53.  The finding that Şahbaz Aslan had a difficulty in moving his arms and that there was tenderness on his back could have resulted from “hanging by the arms”. By the time of the medical examination, certain lesions could have healed and the visual examination might not have been sufficient to identify the alleged trauma. In the absence of a sufficient examination, it was considered that the allegations matched the findings in the medical report.
g)


Prompt: 120.  The Government stated that the investigating authorities had sent queries to various State bodies, asking them to provide information concerning Lema Khakiyev’s abduction and any special operations which might have been conducted in the settlement of Michurina on the night of 21 August 2002. In their letters different district departments of the interior stated that “on the night of 21 August 2002


Prompt: 69.  In response to questions put in the course of that interview, the first applicant submitted that he did not believe that on 7 July 2006 Mr Shchiborshch had posed a real danger either to him or to the police. However, the assistance of the police was required in order to place Mr


Prompt:
34.  On 15 June 2004 the military prosecutor’s office of the Northern Caucasus Military Circuit informed the applicant, amongst other things, of the following:
“... the military prosecutor’s office of the Budennovsk military garrison investigated the criminal case against Major A.Z. of military unit no. 74814, who was suspected of murdering


Prompt:
79.  On 17 July 2003 the town prosecutor’s office stayed the investigation in case no. 40007 on account of the failure to identify the perpetrators. The decision stated as follows:
“... The preliminary investigation established that on 27 December 2002 at about 10.20 a.m. unidentified armed and camouflaged servicemen of the 2nd battalion of military unit no. 3186 had unlawfully entered the


Prompt:
9.  After the extensive information campaign explaining the available options for the settlement of the Republika Srpska’s public debt (including its debt arising from domestic judgments), between 31 March 2008 and 26 May 2009 the applicants informed the authorities that they agreed to be paid only the legal costs in cash and the principal debt and default interest in bonds. Government bonds were then issued on the following dates:
(i)  on 7 October 2010 to Mr


Prompt: 39.  The trial court considered that the police officers, who had been facing two persons armed with weapons and bombs in a confined place, could not have been expected to fire at non-life-threatening parts of Mr Arslan's body. It therefore held that


Prompt: 31.  Relying on Article 10 of the Convention and citing the Court’s case-law, the applicants also argued that the public had the right to be informed, and that this right extended to information concerning the private life of certain public figures. They considered, in particular, that the Court’s decision in


Prompt: 7.  The newspaper Bryanskoye Vremya (Брянское время), in issue no. 30 of September 2004, published an article entitled “Textbook for an Alchemist” (“Учебник для алхимика”). The article discussed the shortage of textbooks in schools and problems related to their publication and supply. In particular, the article mentioned a “mysterious” publisher of textbooks which it linked to the dismissal of the then head of the Bryansk Department of Education,


Prompt: 14.  In 1976 the Cholargos District Council rejected the association’s application for an altitude study. Further, the Minister of Agriculture requested that the Minister of Public Works revoke the 1966 Royal Decree whereby the planning zone had been extended to the land owned by the first applicant, for the reason that it had been issued without the assent of the Ministry of Agriculture even though the area “was a forest”. In 1978


Prompt: 9.  The servicemen left, taking Ramzan Rasayev with them and saying that he would be back shortly after an additional document check. Apparently they were taking him to the “filtration point” on the outskirts of Chechen-Aul. The second applicant and


Prompt: 22.  At some time between approximately 2.10 and 2.15 p.m. the Commissioner entered the foyer which gives access from the street to the meeting place, holding a child by the hand. The applicant Mr Setdarberdi Oregeldiev, who is profoundly deaf but has no speech impairment, was the attendant on duty. He went out into the foyer to greet the Commissioner and the child and show them to a seat. Realising that the visitor was not deaf, another applicant, Mr


Prompt: 36.  On 31 January 2003 the investigators questioned Mr Makhadi M., who stated that he lived at 72 Shkolnaya Street in Zakan-Yurt; the household comprised two dwellings in one yard: his house and the house of his nephew, Mr Magomed M. At the end of December 2002


Prompt: 10.  The third and fourth applicants are the mother and brother of Iznovr Usamovich Serbiyev, born in 1967. Iznovr Serbiyev was the youngest of the third applicant’s eight children, and lived with her at 62 Arsanova Street in Novye Atagi. He was married and the father of three minor children. After completing his service in the Soviet army in 1987, he graduated from university with a degree in economics. However, he could not find work in this field, and supported his family by working as a car mechanic in Novye Atagi.


Prompt:
9.  On 19 April 2005 the Dzerzhinsky District Police of Kharkiv arrested the applicant at her mother’s home address and drew up an arrest report, the relevant parts of which read as follows:
“Investigator ... L., on 19 April 2005 at 15:00 in accordance with Article 115 of the Criminal Procedure Code of Ukraine detained, on suspicion of the commission of a crime: Korneykova


Prompt: 10.  According to the information in the case file, the applicant was still in a critical condition on the morning of 15 October 2008. Nevertheless, at 3 p.m. on that day, he was interviewed by two gendarme officers in the office of the security team commander (


Prompt: 15.  On 13 October 2000 Mr Brougham also telephoned Giles Van Colle at his practice and said words to the effect: “I know where you live. I know where your businesses are and where your parents live. If you don’t drop the charges you will be in danger”. A customer of Giles Van Colle present when the call came through later gave evidence to the High Court that


Prompt: 12.  According to the Prosecutor’s Office of Russia, it was established that at about 11 a.m. on 13 February 2002 unknown armed men wearing military camouflage uniforms had arrived at the Khumaidovs’ household and kidnapped Magomed and


Prompt: 19.  The confrontation between Moravia Ramsahai and Officers Brons and Bultstra was observed from nearby by only a single witness, Mr Petrus van den Heuvel, who was able to follow the incident from the fifth-floor walkway of the Huigenbos building. However, when he saw pistols being drawn, Mr


Prompt: 9.  Finally, Ms Zehra Delikurt stated that she was not a member of the TKP/ML‑TIKKO-TMLGB. She denied the allegation that she had written slogans in favour of the TKP/ML-TIKKO on the walls of schools in Ankara. When she was shown a photograph in which she was allegedly carrying a picture of the general secretary of the TKP/ML-TIKKO, Ms


Prompt: 151.  On 21 December 2004 the first applicant lodged an abduction complaint with the Chechnya prosecutor. She stated that Mr Usam Reshidov had left home on 7 December 2004 and had not come back, and that Mr


Prompt: 49.  On 26 June 1995 the Chief Public Prosecutor of Elbistan sent to the Ministry of Justice’s International Law and Foreign Relations Directorate (hereinafter “the Directorate”) a letter in which reference was made to information sent to the Ministry previously. This letter informed the Directorate of the discovery of


Prompt:
7.  The Head of the Dzierżoniów District Office was Mr S.L., who was due to stand for election to the district council (rada powiatu) in the local elections scheduled for 11 October 1998. On 21 September 1998 the applicant sent Mr S.L. an open letter calling on him to withdraw from the election. The applicant sent copies of his letter to the Wałbrzych Governor, the Wałbrzych Regional Assembly, the Dzierżoniów Municipal Council, local mayors, the Prime Minister's Office and a number of local newspapers. A thousand copies of the letter were to be made available to local inhabitants. According to the applicant none of the newspapers published the letter.
“Open letter

 Mr S.L.
 Head of the Dzierżoniów District Office
Dear Sir,
I kindly request that you once again reflect on the suitability of your standing for election to the district council in the local elections of 11 October 1998. My open letter is not motivated by spite, but is merely intended to express my concern that persons who represent me should be willing to help others in solving their problems instead of doing them harm. I consider that as the Head of the Dzierżoniów District Office you carried out your duties ineptly and sometimes even maliciously, frequently breaking the law and basing your statements on lies. In order to demonstrate that my opinion is not groundless I refer to the [following] supporting facts:
[a]  in case no. BA-7355-D/27 a crucial document was lost from the case file by the administrative authority you are in charge of. The public prosecutor's office in Dzierżoniów made an inquiry into this matter;
[b]  [administrative] decision no. BA-7355-D/27/35/93-96 of 8 March 1996 was issued by the authority you are in charge of on the basis of documents which were forged in the Dzierżoniów District Office;
[c]  in order to intimidate me the administrative authority you are in charge of instituted proceedings no. 7355-D/21 which resulted in decision no. BA‑7355‑D/21/10/96 requiring the demolition of a building. Subsequently by virtue of decision no. BA-7355-D/21/24/95-96 the proceedings were discontinued, after it was found that the building had in fact been erected lawfully;
[d]  for a period of eight months you have maliciously and unlawfully refused to grant my application for planning permission. This malicious conduct was brought to an end by the Wałbrzych Regional Governor who decided to grant my application (decision no. 145/98);
[e]  while defending your position on the refusal to issue a building permit you resorted to a lie (see the article 'War with decisions' that was published in the Gazeta Wrocławska of 30 June 1998);
[f]  you instituted enforcement proceedings in violation of my rights. In breach of the law and in excess of your powers you demanded that I perform a non-existent obligation. The enforcement proceedings were discontinued by the Dzierżoniów Tax Office by virtue of decision no. US VIII-924/67/98.
I think that the above few examples should prompt you to consider whether you should withdraw. I have only one question: WOULD YOU LIKE A PERSON WHOM YOU ELECT TO LOCAL GOVERNMENT TO DEAL WITH YOUR CASES AS ILLUSTRATED BY THE ABOVE EXAMPLES?
Yours sincerely


Prompt:
16.  In the Divisional Court judgment dated 4 April 2001, Lord Justice Kennedy noted that section 3 had a long history and cited the Secretary of State’s reasons, given in the proceedings, for maintaining the current policy:
“By committing offences which by themselves or taken with any aggravating circumstances including the offender’s character and previous criminal record require a custodial sentence, such prisoners have forfeited the right to have a say in the way the country is governed for that period. There is more than one element to punishment than forcible detention. Removal from society means removal from the privileges of society, amongst which is the right to vote for one’s representative.”
Examining the state of practice in other jurisdictions, he observed that in Europe only eight countries, including the United Kingdom, did not give convicted prisoners a vote, while twenty did not disenfranchise prisoners and eight imposed a more restricted disenfranchisement. Reference was made to the United States Supreme Court which had rejected a challenge to the Californian Constitution’s disenfranchisement of convicted prisoners (see Richardson v. Ramirez [1974] 418 United States: Supreme Court Reports 24). Some considerable attention was given to Canadian precedents, which were relied on by both parties, in particular that of the Canadian Supreme Court which, in Sauvé v. Canada (no. 1) ([1992] 2 Supreme Court Reports 438), struck down the disenfranchisement of all prisoners as too widely drawn and infringing the minimum impairment rule, and that of the Federal Court of Appeal which, in Sauvé (no. 2) ([2000] 2 Federal Court Reports 117), upheld the subsequent legislative provision restricting the ban to prisoners serving a sentence of two years or more in a correctional institution. While it was noted that the Canadian courts were applying a differently phrased provision in their Charter of Rights and Freedoms, the Divisional Court commented that the judgment of Linden JA in the second case in the Federal Court of Appeal contained helpful observations, in particular as regards the danger of the courts usurping the role of Parliament. The cases before the European Commission of Human Rights and this Court were also reviewed, the Divisional Court noting that the Commission had been consistent in its approach in accepting restrictions on persons convicted and detained.
Lord Justice Kennedy concluded:
“... I return to what was said by the European Court in paragraph 52 of its judgment in


Prompt: 48.  The fourth applicant heard Khuseyn Abdulmezhidov shouting to his sister to bring his documents, and then more shots were fired. She later realised that the soldiers had first shot Akhmed Abulkhanov in the courtyard, and when her husband's sister and brother saw this, they had run into their house.


Prompt: 15.  On the same day the applicant sent a parcel to her son in the detention facility and he confirmed its receipt as usual. Over the following days the applicant routinely spent all the time outside the curfew hours in front of the detention facility, waiting for her son's release. She regularly sent parcels and received confirmations of receipt, and sometimes short notes which he wrote on the receipt form. On 1 August 2000 she met the families of other detainees,


Prompt: 29.  The Abayev family live in their own house at 29 Partizanskaya Street. In the early hours of 23 October 2002 a group of servicemen arrived at their house in an APC and two UAZ vehicles. They were armed and wearing camouflage uniforms and masks. They forcibly entered the Abayev family house and ordered all the men to come out. The women said that there was only one man in the house, and the soldiers went into the room where


Prompt:
54.  She concluded that the failure to share significant issues with the Children’s Hearing about L., the failure to work collaboratively with the school, the lack of attention to the assessed need for firm control of the situation after W.H. was placed on probation and the lack of attention to the significance that the mother did not believe her daughters’ complaints against W.H., all contributed to a failure to help get the girls the support they were likely to need after the conviction of W.H. and disclosed a failure in the approach taken to the family by the social work department.
Reports by Mr


Prompt: 6.  On 6 August 1993 the applicant and other J.O.’s heirs filed with the Minister of Town and Country Planning (Ministerstwo Gospodarki Przestrzennej i Budownictwa) an application for the annulment of the decision of 1951. They also asked for a right of perpetual use (użytkowanie wieczyste) of the plot in question to be granted to them. On 27 February 1995 the Minister quashed the 1951 decision and remitted the case to


Prompt: 28.  On 2 March 2001 the Şebinkarahisar prosecutor filed another indictment with the Şebinkarahisar Assize Court and charged the remaining gendarmerie personnel, with the exception of first-lieutenant


Prompt: 19.  According to the Government’s observations, the transcripts of the certificates obtained on 13 and 23 April 2008 from the relevant local authorities had revealed that birth certificate no. 1271 held by the civil-status authorities of the 4th arrondissement of Yaoundé concerned the birth of a boy and not that of


Prompt: 21.  On 4 March 2003 V. T. addressed a letter to the district police requesting assistance in the first applicant’s hospitalisation in view of the danger he posed to others. In his letter he noted, in particular that “at the present moment


Prompt:
11.  The article, headlined “Schwere Hypothek” (“Heavy Mortgage”), ran to nine pages. It reported on the enormous loss of EUR 328 million incurred by Hypo Alpe-Adria Bank in 2004, the question of who was responsible for the damage and whether there were failings in the bank’s risk management. It accused the bank’s executive board of failing to give information to the supervisory board, the bank’s accountants and the FMA, and of trying instead to hush up the losses by manipulating the balance sheets for 2004, which meant that the full extent of the damage was only discovered by external accountants when examining the balance sheets for 2005. The accountants had then informed the FMA. Furthermore, the article featured an interview with Mr Kulterer, confronting him with those accusations. Mr Kulterer was quoted as accusing Mr Rauscher of having disregarded internal guidelines in his foreign currency transactions.
The relevant passages of the article read as follows:
“By the time the warning system was triggered the disaster had long since run its course. On Wednesday 17 November 2004 the risk management and control software programme in the head offices of Hypo Alpe-Adria Bank in Klagenfurt showed, in all the relevant departments of the bank, exactly the kind of figures which bring managers of credit institutions out in a cold sweat: staggering losses on investment operations. In the treasury division, which manages the bank’s liquidity and for that purpose trades, among other things, in interest rates and currencies, there was a shortfall of more than 100 million euros. ‘At that point we immediately called a halt’ said CEO


Prompt:
85.  In 2000, on the basis of this information, the military investigators requested the Grozny Town Prosecutor's Office to provide them with information about the murder of three members of the Tangiyev family and the woman named Valentina. It appears that no reply was received.
(i)  Testimony by


Prompt:
16.  The minutes of the session read as follows:
“Speaker: ... I ask the Honourable Parliament whether it adopts Bill T/10881 in accordance with the consolidated proposal as amended just now. Please vote! (Voting)
I proclaim the decision: Parliament has (Mr


Prompt: 24.  On 8 May 1997 in Moscow, Mr Petru Lucinschi, the President of Moldova, and Mr Smirnov, the “President of the MRT”, signed a memorandum laying down the basis for the normalisation of relations between the Republic of Moldova and Transdniestria (“the 1997 Memorandum”). Under the terms of the 1997 Memorandum, decisions concerning Transdniestria had to be agreed by both sides, powers had to be shared and delegated and guarantees had to be secured reciprocally. Transdniestria had to be allowed to participate in the conduct of the foreign policy of the Republic of Moldova on questions concerning its own interests to be defined by mutual agreement. Transdniestria would have the right unilaterally to establish and maintain international contacts in economic, scientific, technical, cultural and other fields, to be determined by mutual agreement. The parties undertook to settle conflicts through negotiation, with the assistance where necessary of the Russian Federation and Ukraine, as guarantors of compliance with the agreements reached, and of the Organisation for Security and Cooperation in Europe (OSCE) and the Commonwealth of Independent States (CIS). The 1997 Memorandum was countersigned by the representatives of the guarantor States, namely Mr Yeltsin for the Russian Federation and Mr


Prompt: 68.  On 20 March 2007 the investigators questioned Mr M.A., who stated that on the morning of 2 April 2003 military servicemen had conducted a special operation in a nearby street; that they had cordoned off the area and that local residents had not been allowed to move within its perimeter. Later on the same date he had learnt that his neighbour


Prompt:
18.  The second certificate was a “medical opinion” issued on an unspecified date by Doctor Simos Nissiotis, a specialist orthopaedic surgeon practising in Nicosia. It reads as follows[1]:
“The patient


Prompt: 101.  While on guard duty at the detention area of the interrogation centre on 22 November 1990 this Master Sergeant in the gendarmerie had checked on Yakup Aktaş in cell no. 18 a number of times. He had not observed anything unusual.


Prompt:
62.  In this judgment, which concerned the non-renewal of the contract of a religious education teacher on account of her civil marriage to a divorced man, the Constitutional Court stated as follows:
“The [applicant’s] complaints must necessarily be examined in the light of the principles established in judgment no. 38/2007 of 15 February 2007 ...
...
... One cannot share the affirmation in the judgment of the lower court according to which ... the local bishop’s proposals to the education authority for the appointments of teachers of the Catholic religion in each school year are not subjected to any control by the Spanish State...
Rather, on the contrary, ... there is nothing [in the relevant legal norms] that entails any exclusion of the jurisdictional power of the Spanish judges and courts ... The premise upon which the judgment of the lower court is based, namely that the proposals made by the bishop to the education authority for the appointments of teachers of Catholic religion are not subject to any control by the Spanish State, therefore proves not to be compatible with this requirement of full jurisdiction with respect to the civil effects of an ecclesiastical decision ...
... The decision of the Bishop of Almería not to propose the applicant as a teacher of Catholic religion and ethics for the year 2001/2002 corresponds to a reason of which the characterisation as being of a religious and moral nature cannot be denied...
... The strictly religious grounds for the decision not to propose the applicant as a teacher of Catholic religion and ethics having been determined ... it is necessary to continue ... to weigh up the competing fundamental rights...
... The reason given by the Bishop of Almería for the justification of his decision not to propose the applicant for a contract with the education authority as a teacher of Catholic religion and ethics in 2001/2002, that is, the fact of having entered into a civil marriage with a divorced person, is not related to the teaching activity of the applicant...
... It does not appear at any moment ... that in exercising her activities as a teacher of religion the applicant called into question the doctrine of the Catholic Church concerning marriage or defended civil marriage; neither does it appear in any way that she publicly exhibited her situation as a woman married to a divorced person...
The decision of the applicant to enter into a civil marriage, as provided for by law, with the person of her choice ... belongs in principle to the sphere of her personal and family intimacy, such that the religious reasons put forward in the decision of


Prompt:
14.  On 20 June 1997 the Linz Court of Appeal dismissed the applicant’s appeal. Referring to the case of Sekanina v. Austria (judgment of 25 August 1993, Series A no. 266-A), it considered that only a decision which, following the accused’s acquittal, expressed the view that he or she was guilty could violate the presumption of innocence, whereas the Regional Court had only found that there was a remaining suspicion against the applicant. Further, referring to the Constitutional Court’s (Verfassungsgerichtshof) judgment of 29 September 1994, it found that section 2 (1)(b) of the 1969 Act was not in itself incompatible with Article 6 § 2 of the Convention. The Court of Appeal continued as follows:
“Nor does the principle of the presumption of innocence prevent the prosecuting authorities from suspecting someone of having committed an offence. By section 2(1)(b) of the [1969 Act], refusal of a claim [for compensation] (on the ground that suspicion has not been dispelled) depends not on proven guilt but on the possibility that the person concerned may have committed the offence and therefore on a (persisting) suspicion... In the instant case it was precisely such a suspicion concerning


Prompt: 14.  The Government submitted that, according to the Prosecutor General's Office, on 19 May 2003 the Shatoy District Department of the Federal Security Service (“FSB”) and the Shatoy District Department of the Interior (“ROVD”) had received complaints from the first applicant concerning the kidnapping of


Prompt: 36.  In a decision of 2 March 2000, the Georgian General Prosecutor's Office decided to take no further action, finding that the applicant's prosecution was not based on an arguable case and that all the circumstances and evidence relating to V.G.'s murder had been examined by the Supreme Court of Georgia in its unfettered discretion at Mr


Prompt:
57.  On 14 May 2000 U. and Y., two women residents of the Staropromyslovskiy district of Grozny, made statements. Both witnesses confirmed that they had seen the bodies of people who had been shot and that, at the relevant time, the district had been under the control of federal forces. Neither of them had witnessed the executions but referred to the “rumours” that the murders had been committed by federal troops. Both witnesses testified that they had seen soldiers looting abandoned houses in the district.
g)  Statements by


Prompt: 10.  At a press conference held the same day in San Sebastián, the applicant, as spokesperson for the Sozialista Abertzaleak parliamentary group, outlined his group’s political response to the situation concerning the newspaper Euskaldunon Egunkaria. Replying to a journalist he said, with reference to the King’s visit to the Basque Country, that “it [was] pathetic”, adding that it was “a genuine political disgrace” for the President of the Autonomous Community of the Basque Country to be inaugurating the project with


Prompt:
9.  On 25 September 2003 the District Court released the applicant on bail. However, on 2 October 2003 the Regional Court reversed the decision and upheld his detention with the following reasoning:
“...


Prompt: 7.  The applicants lived at 22 Partizanskaya Street (in the documents submitted the address was also referred to as 65 Lenina Street), Mesker‑Yurt, in the Shali district of Chechnya. The household consisted of several dwellings around a courtyard.


Prompt:
40.  The investigating judge extended the applicant’s pre-trial detention for a further two months under Article 123 § 1(2) of the Code of Criminal Procedure (risk of collusion) on the grounds that there was a danger that he might contact the second accused. The relevant part of the decision reads:
“As regards the fifth suspect [


Prompt: 20.  At a hearing held on 30 October 1989 the Social Court of Appeal summoned the employer to take part in the proceedings and requested him to submit information as to the kind of work carried out by his former employee between 1950 and 1959 and as to the protection requirements to be complied with. The employer supplied information on 7 December 1989. The defendant filed written pleadings on 22 December 1989. On 24 August 1990 the Social Court of Appeal instructed doctors who had treated Mrs


Prompt: 53.  According to the applicant, during cross-examination by the defence, which was not reflected in the first-instance court’s judgment, both of those witnesses, especially R.N., had given answers contradicting their earlier statements. In particular, the applicant claimed in his appeal (see paragraph 117 below) that, in his witness statement, R.N. had said that from around 3 p.m. on 24 January 2013 he had been at his relative’s home for lunch. After lunch, sometime before 5 p.m., he had gone to the area next to the Regional Education Department, where he had seen the applicant and


Prompt: 64.  On 1 September 2003 the investigators questioned the applicants’ neighbour Mr S.-M.M., who stated that in January 2002 he had been at home when a group of masked armed men in camouflage uniforms ran into his yard looking for


Prompt: 36.  On 18 July 2005 the district military commander's office informed the first applicant that on 16 September 2004 they had not been conducting any special operations in Katyr-Yurt. The letter also stated that the authorities had forwarded information requests concerning the whereabouts of


Prompt: 35.  Following a hearing on 16 September 2003 the Regional Court of The Hague sitting in Amsterdam dismissed the applicant's appeal against the rejection of his request for asylum on 7 November 2003. The Regional Court did not agree with the Minister that the applicant's account was rendered implausible as a result of the incorrect date of birth; according to the Regional Court, the applicant had merely stated what he had been told by his mother. However, for the remainder, the Regional Court considered that the Minister's view that the applicant's situation as he described it was insufficiently serious to qualify him for refugee status was well‑founded. The Regional Court agreed with the Minister that the problems experienced by the applicant had come about not so much as the consequence of a targeting of the applicant personally; rather, the events were to be seen as a result of the generally unstable (security) situation in Somalia, where intimidation and insults by criminal groups regularly and arbitrarily occurred. In this context the Regional Court attached relevance to the fact that the applicant could have removed himself from the situation pertaining in his immediate environment by moving to the “relatively safe areas” of Somalia, as appeared from, inter alia, the country reports (ambtsberichten) drawn up by


Prompt: 56.  On 20 February 2013 the investigators forwarded information requests to various law enforcement and military agencies asking to inform whether any special operations had been carried out by their agents against Mr


Prompt: 13.  On 9 May 1988 the Bakırköy Cadastral Court decided that plots nos. 115 and 119 should be registered in the names of the applicants (as heirs of Ahmet Muhtar Merter) and plots nos. 113 and 118 in the names of the Municipality of Istanbul and the Treasury respectively. The court also held that plots nos. 110, 114, 116 and 117 should be registered in the names of the heirs of the neighbour. The court further allowed the request to intervene by the heirs of


Prompt: 38.  At the relevant time Mr Rustam Shakhgareyev, Mr Zelimkhan Kagirov and their respective families, including the first, second, and seventh applicants were living in two separate flats in the area. Mr


Prompt: 48.  The report considered the further inquiries which followed in 1978-81 and quoted parts of the statements given by McClure admitting involvement in an attack on the Rock Bar and concerning a possible role in the Silverbridge attack, when together with


Prompt: 32. In the meantime the servicemen burst into Ali Gastamirov's room. They asked him questions and checked his passport. They further took him to the street on the pretext of showing them around the backyard.


Prompt: 110.  By a letter of 22 June 1995, the Bismil gendarmerie district commander Captain İzzet Cural informed the Bismil public prosecutor that the investigation requested on 25 January 1995 had been completed. Captain Cural appended to his letter a record dated 20 June 1995, signed by the gendarmerie officers


Prompt: 69.  On 3 March 2005 the investigators again questioned the second applicant. She stated that about eight months prior to being questioned, in the summer of 2004, a young man named Mr Ya. Ge., who had been around twenty years old, had arrived at her house and had told her that he had been detained with


Prompt:
27.  On the television it was said that there had been a clash between the terrorists and the village guards in the village. The Captain came to the village and shamelessly told the villagers that the terrorists had burned the village and hamlet. No guerrillas had come to the village and they would not have done such a thing.
Statement dated 28 July 1993 by


Prompt: 53.  On 16 November 1992 Zülfi Akkum was shown a photograph of the body which had been buried by the authorities in Elazığ (see paragraph 47 above). Mr Akkum identified the deceased person as his son


Prompt: 42.  In the meantime, the criminal investigation against P. continued, and resulted in an examination on the merits by the Voronezh regional Court. At the public hearing on 1 February 2011 P. made a statement. He withdrew the account given by him in the context of the investigation into the death of


Prompt: 45.  On 10 December 2002 the district prosecutor’s office granted the first applicant victim status in case no. 59263 and questioned her. The first applicant submitted that her husband had been unemployed. In the evening of 14 November 2002


Prompt: 37.  By a letter dated 10 December 2003 the deputy prosecutor of the Groznenskiy District notified the Ombudsman of the Chechen Republic (“the Ombudsman”) that on 24 October 2001 the district prosecutor’s office had opened criminal case no. 19173 into “the shooting by servicemen, who had driven APC-205 of the SMRB, at a VAZ-2109 car with registration number “K 069 MS 99”. As a result of the shooting, two people, including


Prompt: 54.  On 8 May 2006, representatives from the Public Defender's Office met V.M.-shvili (see paragraph 47 above), who was then being held in Tbilisi no. 1 prison. The inmate refused to give a written statement, claiming that it could cost him his life. He stated orally that the applicant's son had not committed suicide;


Prompt: 6.  The first applicant and A.R. got married in 2002 in Cyprus. The two had already lived together as a couple in Israel for six months before the wedding. In 2003 and 2004 respectively, their two children, Ela and


Prompt: 6.  The first applicant, Ms Dina Yakovlevna Yuditskaya, was born in 1950. The second applicant, Ms Natalya Vladimirovna Yuditskaya, was born in 1979. The third applicant, Mr Aleksandr Viktorovich Kichev, was born in 1966. The fourth applicant, Ms


Prompt: 20.  On 21 February 1993, military forces returned to Ormaniçi to burn more houses and kill more animals. The women of the village, together with the children, slept in the mosque, in caves, and in some unburned outbuildings. Abide Ekin died in the mosque, without having received medical attention for her injuries. A few days later, another child,


Prompt: 57.  The witness is a resident of Gözeler. He stated that the Gözeler inhabitants, including the Özkanlı family, had left Gözeler in 1994 upon the mounting pressure exerted by the PKK, not by the security forces. The witness added that following


Prompt: 9.  In 1989, after the death of her first husband and during the civil war, Mrs Tuquabo-Tekle fled from Ethiopia to Norway, where she applied for asylum. She submitted that she had been harassed and detained by the Ethiopian authorities on account of her husband’s activities for the Eritrean People’s Liberation Front. Although denied asylum, she was granted a residence permit on humanitarian grounds in 1990. Her eldest child, Adhanom, had stayed behind in Addis Ababa with a friend of his mother’s, and she had left her other two children, Mehret and Michael, in the care of an uncle and their grandmother (in what subsequently became the State of Eritrea). After permission was granted by the Norwegian authorities for the children to reside with Mrs


Prompt:
20.  By a decision of 4 February 2013, the Nasimi District Court ordered the applicant to be detained for a period of two months pending trial. The relevant part of the decision read as follows:
“The materials collected in respect of the criminal investigation give rise to sufficient grounds to believe initially, in accordance with the principle of presumption, that


Prompt: 69.  According to the Government, the possible involvement of servicemen of Obron-8 in the abduction of T., Islam Dombayev and Murad Lyanov had been investigated. To that end, the case file had been sent to the military prosecutor’s office. However, neither the victims nor the witnesses questioned had stated from whom exactly they had learned that T.,


Prompt: 52.  On 26 September a confrontation had been organised with other prisoners who had been arrested as part of the same operation. Kenan Bilgin was not among them. On 3 October 1994 the witness had again seen


Prompt: 83.  On an unspecified date in September 2005 the investigators obtained a copy of a report of 16 March 2005 prepared by the Shali district military commander and addressed to the Chechnya military commander. According to that document, there had been activity aimed at cordoning off the local telecommunication agency in Shali on 15 March 2005. During that operation two village residents, Mr


Prompt: 15.  According to the same report, there was no ammunition on the body of Abdulkerim Sanrı, but there were three loaded bullet cartridges belonging to a Kalashnikov rifle and a hand grenade in a military style vest worn by the deceased Ahmet Anık. The rifles belonging to the two village guards were found two hundred metres away from their bodies, next to a rock, at the side of the main road. The barrels of the rifles smelt and bore traces of gun powder, indicating that they had been fired. Next to the two rifles was


Prompt:
68.  On 22 November 2004 (in the submitted documents the date is also stated as 20 November 2004) the Town Court partially granted her claim. The court’s decision stated, inter alia, the following:
“...on 27 August 2001, during a sweeping operation in Urus-Martan, officers of the power structures in an APC under the command of the head of the platoon Mr V.V. from military unit no. 6779 detained


Prompt: 11.  On an unspecified date in 1999 the applicants brought an action against the Academy, seeking the creation of legal tenancies in their favour (see §§ 23 and 24 below). Notwithstanding the initiation of proceedings against the Academy and the fact that it had refused to sign tenancy agreements with the applicants, they continued to live in their flats, although Mr


Prompt: 24.  On 28 July 1998 gendarmes attached to the Mazıdağı Gendarmerie Command carried out an inspection in the village. According to the incident report drawn up by three gendarmes and signed by Hüseyin Demir and


Prompt: 11.  After that Mr Y. B. asked the servicemen from the APC whether his group was free to go. They received permission and the UAZ car and the servicemen left. Immediately after their departure, the servicemen from the APC started to search the applicants' house. The search took about one and a half hours. During the search the servicemen seized a number of the applicants' possessions, including a videocassette recorder, a TV set,


Prompt: 25.  On 11 June and 20 August 2003 the military prosecutor's office of military unit no. 20102 informed the applicant that her complaints did not contain any information demonstrating the involvement of Russian military forces in the abduction of


Prompt: 65.  On an unspecified date the investigators questioned the head of the Nadterechniy district department of the FSB Mr Mayrbek Kh., who stated that after two staff members of the Chechnya prosecutor's office had been kidnapped their department had taken operational search measures aimed at establishing the identity of the perpetrators. As a result, Aslan and


Prompt: 71.  On the same date the district prosecutor's office requested the ORB‑2 to take steps to establish the perpetrators of Usman Mavluyev's abduction. The Leninskiy ROVD in Grozny was requested to take measures to establish


Prompt: 52.  Nurzhan Vakhayeva lives in her own house in Katyr-Yurt at 2 Chkalova Lane. On 4 February 2000 she was at home with her six children: Muslim Vakhayev (applicant 14, born in 1981); Berlant Vakhayeva (born in 1983);


Prompt: 23.  The tenth applicant, Bislan Saydayev’s mother, submitted that she had been awoken in the night to find the room filled with armed servicemen. A group of soldiers were standing over Bislan Saydayev’s bed. They briefly searched the room and ordered


Prompt: 24.  On 24 and 25 September 2008 statements were taken from officers F.L.C. and D.D.M. They stated that they had not been on duty on the night of the incident, but were called in and asked to come to the police station. When they arrived they were informed about the incident and asked to help their colleagues. F.L.C. declared that he had heard statements from two eyewitnesses. D.D.M. declared that he had questioned


Prompt: 20.  The Government did not challenge most of the facts as presented by the applicant. According to the Urus-Martan district prosecutor’ office “at about 4.20 a.m. on 8 November 2001 unidentified persons in camouflage uniform armed with automatic weapons entered the house at 30 Proletarskaya Street in Urus-Martan, kidnapped


Prompt: 84.  On 1 February 2005 the investigators again questioned the third applicant, who added information to his previous statement to the effect that he had been driving the car during the accident and that


Prompt: 23.  Mr Dikici took fifteen statements from nine different persons, namely Alaattin Çaçan (mayor of the Düzcealan village), Şemsettin Demir (mayor of the Kolbaşı village), Servet İlhan, İbrahim Çaçan,


Prompt: 24.  On 14 May 2005 the applicant's representatives from SRJI wrote to the district prosecutor's office, complaining about the lack of information concerning the investigation. They requested to be informed about its progress; the specific actions taken to solve the crime since the opening of the criminal case and during the eight months after the decision to suspend the investigation; the reasons for the suspension of the investigation, and the reasons for


Prompt: 13.  On 29 November 2000 Professor Dr I.D. (“the plaintiff”) brought a civil action for compensation against the applicant before the Ankara Civil Court of First Instance on the ground, inter alia, that the applicant’s assertion that the book written by the plaintiff entitled Mother’s Book was plagiarised from


Prompt: 13.  On 25 July 2001 the applicant, as in the case of the previous decisions to extend, again challenged the extension of his stay in the EBI by lodging an appeal with the Appeals Board of the Council for the Administration of Criminal Justice and Protection of Juveniles. In his appeal against the decision of 16 July 2001 the applicant challenged the necessity of his continued detention in the EBI. He also stated that he was suffering both physically and mentally as a result of the EBI detention regime without, however, substantiating that claim. Relying on the findings of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (“CPT”) in respect of its visit to the EBI in 1997 and on the Court’s decision on admissibility of 28 August 2001 in the case of


Prompt:
15.  On 26 November 2005 the Court of Appeal dismissed the applicant’s complaint, finding that he had failed to substantiate his allegations. In particular, the judgment read as follows:
“Under Article 14.2 of the CCP, the court may examine, and rely on, only the evidence submitted by the parties.
Despite the requirement of the above-mentioned Article, the claimant,


Prompt: 43.  The same day, Captain U. compiled two separate reports on the circumstances of the arrest and detention of Mr Carabulea. He stated that when Mr Carabulea had undressed for the body search preceding entry to the lock-up, there had been no signs of injury on his body. He denied having used any physical pressure while interrogating Mr Carabulea. He also mentioned that on 16 April 1996


Prompt: 55.  On 7 July 2005 the investigators questioned the applicant for the second time. She informed them that she did not agree with the results of the forensic examination of her son’s body and requested that the investigators order an additional expert assessment of


Prompt: 57.  Between 2 June and 28 September 2000, Nazime Ceren Salmanoğlu and Fatma Deniz Polattaş were examined eight and nine times respectively by three experts from the Psychosocial Trauma Centre at the Faculty of Medicine of Istanbul University. After referring to the psychological findings in two reports dated 23 October 2000, the experts diagnosed the applicants as suffering from post-traumatic stress disorder.


Prompt: 63.  On an unspecified date Mr K. was again questioned as a witness. He submitted that in December 2000 he had occupied the post of executing officer of the district military commander's office. On the day of


Prompt: 53.  The witness said that the applicant had visited him in prison in 1996 and that was how he had informed him of the date he was taken into custody. They had had a very short discussion about Kenan Bilgin. He said that he had sent a written statement through his representatives certifying that


Prompt: 13.   The application concerns the killing of the applicant's husband, Mr Kutlu Adalı, by unknown persons. The applicant made serious allegations about the involvement of Turkish and/or “TRNC” agents in the murder. She further complained of the inadequacy of the investigation launched by the “TRNC” authorities into the death of


Prompt:
29.  On 18 August 2003 the first applicant complained to a number of prosecutors’ offices. The relevant parts of her complaint read as follows:
“Between 20 December 2002 and 17 June 2003 I have addressed law-enforcement agencies on numerous occasions asking them to search for my son,


Prompt:
13.  According to an extract from the minutes of the ConEC meeting held on 28 October 2005, made available to the applicant and later submitted by him to the Court, the ConEC decided as follows:
“1. To take into consideration the statements by voters ... 2.  To confirm, based on the statements and other material submitted, breaches of Articles 88.4.4 and 88.4.5 of the Electoral Code by


Prompt: 15.  Approximately fourteen hours after the applicant' son had been brought to the police station (at approximately 3.30 p.m.) one of the policemen considered that he had been “sleeping for too long” and called an ambulance. The doctors apparently refused to take


Prompt: 111.  From the documents submitted it transpires that between 2010 and 2011 the applicants contacted the authorities with requests for information, but to no avail. In the autumn of 2011 the first applicant requested that she be allowed to access the investigation file. On 3 November 2011 the investigators granted the request. In 2012 their close relatives and those of Mr


Prompt: 15.  On 5 February 2003 the first applicant and a relative spoke to the deputy district military commander officer Yr., who assured them that their office had not opened any criminal proceedings against


Prompt: 12.  Attached to her observations of 4 September 2002, the applicant produced a certificate of affirmation of ownership of Turkish-occupied immovable properties, issued on 12 August 2002 by the Departments of Lands and Surveys of the Republic of Cyprus, and an affidavit, signed by herself, in which she declared that she owned 8 pieces of land in Lapithos “all on the mountain slope, very suitable for building purposes”. According to the above mentioned certificate of affirmation of ownership, the following properties were owned by Mrs


Prompt: 73.  On an unspecified date in January 2006 the investigators questioned the applicants’ relative, Ms R.V. She stated that in April 2004 a woman had approached her on the street, had told her that her son had been detained with


Prompt: 44.  It was in those circumstances that, at about 6 p.m., when he was a few metres away from one of the doors of the Ministry, the first applicant’s husband was killed by a bullet which hit the back of his head after having ricocheted. Those events are described in detail in the decisions of 18 May 2000 and 27 July 2007 committing for trial


Prompt:
20.  On 27 September 2006 the Supreme Court dismissed the appeal on points of law lodged by the applicants. It held as follows:
“[The minor] is the biological child of the third applicant, Ms ..., and of Mr ..., born on ... The child’s mother has sole custody. She shares a home in ... with her partner (the first applicant) and with [the child]. The applicants applied for court approval of an adoption agreement entered into on 17 February 2005 by the first applicant and the minor child, represented by his mother, under the terms of which the first applicant agreed to adopt the child. However, the agreement provided for the first applicant to take the place not of the child’s mother but of his biological father. The applicants sought court approval of the adoption such that the relationship with the biological father and his relatives under family law would cease to exist while the relationship with the child’s biological mother would remain fully intact. They requested the courts to override the refusal of consent by the child’s father.
The first-instance court refused the application, taking the view that Article 182 of the Civil Code reflected the legislature’s clear intention that, in the case of adoption by one person, the legal relationship with the parent of the same sex as the adoptive parent should cease to exist and the relationship with the opposite-sex parent should be preserved. Only in this scenario, according to the first-instance court, did the law allow the courts to also declare the latter relationship, which was not affected by the adoption per se, to have been severed. In the view of the first-instance court, the arrangement sought by the applicants, whereby [the child] would be adopted by a woman and the legal relationship with his biological father but not with his biological mother would cease, was incompatible with the law. This interpretation was in conformity with the Constitution and in particular with Articles 8 and 14 of the European Convention on Human Rights. According to the case-law of the European Court of Human Rights, member States had a particularly wide margin of appreciation in the sphere of adoption by homosexuals, as these issues were subject to societal change and were in a state of transition. The question whether a member State provided the possibility for two persons of the same sex to create a legal relationship with a child on an equal footing was therefore a matter for the State itself to decide, subject to the limits laid down in Article 8 § 2 of the Convention. The arrangement sought by the applicants was not possible under Austrian law.
The appellate court upheld the decision of the first-instance court, taking the view that the law was clearly based on the premise that the term ‘parents’ necessarily referred to two persons of opposite sex. This was reflected in the law on custody, which as a matter of principle gave priority to the biological parents over other persons. The same considerations applied in the sphere of adoption law. Here too the legislative provisions were based, in line with the biological reality, on the presence of a couple made up of parents of opposite gender. Where both the opposite-sex parents were present, there was no need for a provision enabling one of the parents to be replaced by the same-sex partner of the other; this did not reflect any wish to discriminate against same-sex partners. In the sphere of contact rights it was also recognised beyond dispute that, for a minor child to thrive, it was highly desirable that he or she should have a personal relationship with both – opposite-sex – parents, in other words with both a female (mother) and a male (father) caregiver. At least a minimum degree of personal contact between the child and both (biological) parents was to be desired and was generally made a requirement in the interests of the child’s healthy development. These considerations too could be applied in relation to adoption. The appellate court also endorsed the first-instance court’s view that there was no discrimination against same-sex partners from the standpoint of the case-law of the European Court of Human Rights. A difference in the treatment of persons living in a same-sex relationship was to be regarded as discriminatory only if it had no objective and reasonable justification, in other words, if the rule in question did not pursue a legitimate aim or if there was no reasonable relationship of proportionality between the means employed and the aim sought to be realised. Differences in treatment were found to be compatible with the Convention where weighty reasons had been put forward. The Austrian legislature pursued one such legitimate aim in seeking to ensure that children, as they were growing up, had the regular contact with both a male and a female parent which their development required. That aim was to be accorded the same respect as the mother’s decision to live in a same-sex partnership. There was no justification, however, for depriving a child of the relationship under family law with his or her parent of the other sex.
The appellate court ruled that leave to appeal on points of law should be granted since no case-law existed on the issue of the lawfulness of the adoption of a child by the same-sex partner of one of his or her biological parents.
The applicants’ appeal on points of law is admissible for the reasons given by the appellate court. It is nevertheless unfounded.
Article 179 § 2 of the Civil Code provides that the adoption of a child by more than one person is permissible only where the adoptive parents are a married couple. Legal commentators have concluded from this that adoption by more than one person of the same sex (whether simultaneously or consecutively) is prohibited (see Schwimann in Schwimann, Civil Code § 179, point 6, and Hopf in Koziol/Bydlinksi/Bollenberger, § 179, point 2, both cited by the Vienna Regional Civil Court, 27 August 2001 – EFSlg 96.699).
The second sentence of Article 182 § 2 of the Civil Code governs the effects produced in the event of adoption by one adoptive parent. If the child is adopted only by an adoptive father (an adoptive mother), the ties of kinship cease only in respect of the biological father (the biological mother) and his (her) relatives. It is quite clear from the materials (ErlBem RV 107 BlgNR IX. GP, 21) that this provision should be construed to mean that the non-proprietary legal ties are severed only with the biological parent who is being replaced by an adoptive parent of the same gender. In explicit terms, this means that the child cannot, for instance, be deprived of his or her biological father if he or she is being adopted just by a woman (see also: Schwimann in Schwimann, op. cit., § 182, sub-paragraph 3;


Prompt: 10.  Bashir Mutsolgov's neighbour, Ya. Kh., heard a noise and looked out of the window of her house. She saw across the street a group of men throw Bashir Mutsolgov into the white Niva vehicle. After that the vehicles with


Prompt: 9.  On the night of 26 December 2004 the family, except the first applicant, who was attending funerals in another village, was sleeping in their house at the above address. At about 3 a.m. on 27 December 2004 the second applicant and


Prompt:
104.  On 7 April 2004 the judgment was delivered. It stated as follows:
“The court ..., having examined in a closed hearing a criminal case on the charges against Sutyagin Igor Vyacheslavovich of having committed an offence provided for by Article 275 of RF CC [Criminal Code]
ESTABLISHED:
By the jury verdict of 5 April 2004 that Sutyagin is found guilty in that from 19 February to June 1998 in the cities of Birmingham and London (Great Britain) [he] met with Sh. Kidd, representative of US military intelligence, and gave his consent for co-operation for collection of data about the Russian Federation with its subsequent transfer to the said person. On Sh. Kidd’s instructions Sutyagin collected, stored and transferred, at different times, at the RAN [Russian Academy of Science] Institute for the USA and Canada in Moscow and Obninsk, Kaluga Region, the following data:
(a)  from 24 June to 15 September 1998, information on the topic “the structure and state of the domestic missile early warning system”, specifically ... , was collected and stored, and subsequently handed over to Sh. Kidd, representative of US military intelligence, at ... [hotel A] in Budapest (Hungary) from 15 to 17 September 1998;
(b)  from 22 October 1998 to 15 January 1999, information on the topic “the RF Ministry of Defence’s failure to implement in full plans to set up permanent readiness units in 1998”, specifically ..., was collected and stored, and subsequently handed over to Sh. Locke and N. Kidd, representatives of US military intelligence, at ... [hotel B], room ..., Budapest (Hungary), from 15 to 18 January 1999;
(c)  from 18 January to 27 March 1999, information on the topic “options for the structure of the RF’s strategic nuclear forces for the period up to 2007”, specifically ..., was collected and stored, and subsequently handed over to Sh. Kidd, representative of US military intelligence, at ... [hotel C], London (Great Britain) from 27 to 31 March 1999;
(d)  from 31 March to 20 May 1999, information on the topic “specific features of the construction and military potential of the MiG-29 SMT aircraft and the military potential of the modernised MiG-29”, specifically ..., was collected and stored, and subsequently handed over to N. Locke, representative of US military intelligence, at ... [hotel D] in Birmingham (Great Britain) from 20 to 23 May 1999;
(e)  from 23 May to 14 July 1999, information on the topic “possible directions in the development of domestic air-to-air directed missiles”, specifically ..., was collected and stored, and was handed over to N. Locke, representative of USA military intelligence, at ... [hotel E], Brussels (Belgium) from 14 to 18 July 1999.
On the basis of circumstances as established by the guilty verdict the court determines that the accused Sutyagin’s acts were high treason in the form of espionage under Article 275 of the RF CC, specifically transmission, collection and storage with a view to transmission to foreign state representatives, of information constituting State secrets, to be used to damage the RF’s national security committed by a RF citizen.
It has been established that the aforementioned information, which Sutyagin collected and stored with a view to transmission, and transmitted to US military intelligence representatives, constitutes State secrets.
Furthermore, the mechanism of the espionage activities committed by him is characterised by a mercenary motive ... [Sutyagin] transmitted to foreign state representatives information about the Russian Federation of a military and military-political nature constituting State secrets to damage the RF’s national security in exchange for a cash award in an attempt to derive gains of a pecuniary nature.
...
In deciding on the culprit’s punishment in accordance with Article 60 of the RF CC the court takes into account the nature and the degree of social danger of the committed acts, information on his personality, and the impact of the punishment imposed on his reformation and on the conditions of his family’s life.
The court takes into account Sutyagin’s positive references from his place of work and residence, his having two dependant minor children, born in 1990 and 1991, and his state of health.
Under the jury’s verdict the culprit does not deserve leniency. The court found no circumstances extenuating or aggravating Sutyagin’s punishment.
Taking into consideration the specific circumstances of the case, and the fact that the RF’s defence and security was damaged as a result of the transmission by Sutyagin of information about Russia constituting State secrets to foreign state representatives, the court concludes that the culprit’s correction and reformation are only possible in the conditions of his isolation from society by serving his sentence in a strict-regime correctional colony.
On the basis of the aforesaid and being governed by Articles 343, 348, 350 paragraph 3 and 351 of the RF CCP, the court
SENTENCED:


Prompt: 26.  Following the Panorama programme, the DPP asked the Chief Constable of the RUC to conduct further inquiries into the issues raised in the programme. In April 1993 John Stevens, then Chief Constable of the Northumbria Police, was appointed to conduct a second inquiry (the Stevens 2 inquiry). According to the Government, he investigated the alleged involvement of


Prompt: 43.  In reply, the Court pointed out, in a letter of 25 May 2012, that the request to lift the measure and the application would be re-examined once the judgment delivered on 10 April 2012 by the Court in


Prompt: 16.  The first applicant’s sister-in-law also managed to look through an attendance register (журнал регистрации посетителей) in which she found an entry to the effect that Abdulkasim Zaurbekov had entered the building at 11.20 a.m. on 17 October 2000. There was no entry confirming that


Prompt: 57.  On 31 January 2007 the investigators questioned the first applicant's neighbour, Ms Kh. Kh., who stated that at about 5 p.m. on 13 September 2000 she had been at home when she had seen Magomed-Ali Abayev and


Prompt: 118.  On 28 December 2000 the investigators questioned the deputy head of the local administration, Mr L.M., who stated that he had participated in the special operation on 25 December 2000 and that he had, amongst other things, personally assisted in the detention of


Prompt: 28.  On 28 July 2003 the first applicant complained to the Prosecutor’s Office of the Chechen Republic of the failure on the part of the district prosecutor’s office to conduct an effective investigation. She requested that the criminal proceedings be resumed and measures taken to establish the whereabouts of


Prompt: 9.  On the same date between 8.00 p.m. and 8.40 p.m. officers from the Beyoğlu police headquarters took statements from Önder Babat’s three friends who had been with him at the time of the incident and from a waiter who worked at a nearby café. They all affirmed that they had no idea what had caused


Prompt: 77.  Between 3 and 4 a.m. on 2 April 2005 a group of armed masked men wearing camouflage uniforms burst into the Vakayevs' house. The men did not identify themselves but asked where Shamsudi Vakayev was. The first applicant told them that her husband slept in an annex to the house. The men went there, awakened


Prompt: 56.  On 1 November 2005 the district prosecutor's office ordered the Groznenskiy district department of the FSB to check if Ruslan Taymuskhanov had had any contact with any of the leaders of illegal armed groups. It followed from the reply received that since 2002


Prompt: 28.  The inquiry opened in May 1996. It was chaired by Mr Kieran Coonan QC, Recorder of the Crown Court, the other members of the panel consisting of Professor Bluglass (Emeritus Professor of Forensic Psychiatry at the University of Birmingham), Mr


Prompt: 118.  After carrying out an additional investigation in line with the instructions set out in the judgment of 30 June 2003, the military section of the prosecutor’s office at the High Court of Cassation and Justice committed the former


Prompt: 66.  On 29 January 2003 the district prosecutor’s office instituted an investigation into the abduction of Magomed-Salekh and Magomed-Ali Ilyasov under Article 126 § 2 of the Criminal Code (aggravated kidnapping). The decision stated that the applicant’s complaints and the materials in operational-search file no. 000006 contained information that at about 4 a.m. on 12 November 2002 unidentified masked and armed persons in camouflage uniforms, who were driving two APCs and a grey UAZ vehicle, had abducted


Prompt: 11.  The applicant did not witness the abduction of her husband. She was informed by an eye-witness who told her that, on 26 December 1997, two armed men, dressed in civilian clothes, with walkie-talkies had entered the coffee house where


Prompt: 42.  In November 2005 the first applicant lodged a further application for review before the President of the Regional Court. On 22 November 2005 the application was examined and rejected by another judge of the Regional Court. In March 2006 the first applicant again applied for review before


Prompt: 61.  On 21 May 2004 the first applicant requested the Urus-Martan District Prosecutor's Office to bring criminal charges against Colonel Sh., against the head of the detention facility of the Urus-Martan VOVD and against all the servicemen of that department involved in the arrest of


Prompt: 71.  The investigation of the kidnappings of Apti and Musa Elmurzayev did not establish the identities of the perpetrators. The implication of special units of State agencies and federal forces in those crimes was not proven. Neither was it proven that the perpetrators had been driving APCs and UAZ vehicles. According to the information obtained by the district prosecutor's office from the Department of the FSB of the Urus-Martan District, various departments of the interior and military unit no. 90567, Apti and


Prompt:
23.  On 10 October 2002 the Supreme Court of Ukraine upheld the decision of the appellate court. In reply to the complaints of the applicant and his lawyer of a violation of the right to defence, the court stated:
“The arguments of the appeals as to the violation of the right to defence of


Prompt: 33.  Following the remittal by the Sofia Military Court, on 16 March 2007 the investigator arranged for an inspection of the knife, but this failed to determine whether the blade had been open or closed at the time of the shooting. A further medical-ballistics report, dated 27 March 2007, made no reference to the bullet hole in the bonnet of the car and concluded that it was impossible to establish the exact position of the bodies at the time of the shooting. The investigator also requested


Prompt: 8.  For practical reasons, Mrs Zarakolu will continue to be called “the applicant”, although Mr Zarakolu is now to be regarded as such (see Dalban v. Romania [GC], no. 28114/95, § 1, ECHR 1999-VI and see also


Prompt: 133.  Rizvan Tatariyev was apprehended in his house in the early hours of 22 December 2001. In the morning of 22 December 2001 his relatives learned that on the same night another man, Sharpudi Visaitov, had been detained in their village of Gekhi. The fourteenth applicant,


Prompt: 144.  At around 9 a.m. the witness saw a helicopter, which flew over the village and continued to the east towards the plain. Thereafter he heard gunshots and half an hour later some of the animals came back to the village, most of them wounded. Hacire came back to the village at around noon. She told the villagers that the helicopter had landed and that the soldiers who had come out of the helicopter had forced the women to go back to their village. However, she had seen


Prompt: 85.  On 13 March 2000 counsel for Ms Kırbıyık lodged a formal complaint against 47 gendarmes and officers who had taken part in the operation. That complaint, recorded in a third file (no. 2001/16237), was followed by further complaints lodged separately on 9 June 2000 by


Prompt: 17.  On the day of detention, on 6 March 2002, Musa Akhmadov’s relatives went to the military base in Khatuni, but were not allowed to go through the gates. At about 6 p.m. the head of the temporary group of policemen from Samara on mission in Vedeno district, Mr Andrey K., came out to see them. He confirmed that he had seen


Prompt: 26.  The transcripts also state that the witnesses and Akhmed Shidayev were questioned about their possible relationship with Murad Yu. According to a statement made by Akhmed Shidayev’s sister to the Court in June 2010, their other brother,


Prompt: 42.  Again on the same date, ROVD officers obtained a written statement from the second applicant, in which she explained that at about 2 a.m. on 19 September 2004 someone had started knocking on the door of the part of the house where she had been staying with


Prompt:
27.  On 27 February 2001 the Supreme Court dismissed the applicant’s cassation appeal in a decision which included the following passages:
“There is no evidence in the case file that [the applicant’s] free will was denied or otherwise constrained in such a way that he could not avoid acting illegally. [AZ] neither ordered [the applicant] to intervene in favour of the person offering the bribe, nor did he threaten him. He asked him orally for help in securing the discontinuation of proceedings [against the third person] ...


Prompt: 19.  On 16 May 2001 the Gebze prosecutor questioned the applicant about these complaints. The applicant maintained his complaints and informed the prosecutor that on his return from the hospital he had been beaten up again by the gendarmes. He added that according to information he had obtained subsequently, an officer named either “Abdullah” or “


Prompt: 247.  As to the merits of the case, the Court of Appeal was satisfied that Officer Brons had acted to avert a threat of harm by a deadly weapon and had acted in legitimate self-defence. It based this finding on the statements of Officers Brons and Bultstra and Mr


Prompt: 53.  Rustam Z. was questioned again on 11 November 2004 and stated that in the evening of 16 September 2000 he had been asked to keep watch outside the house of the police officer. He had heard shots fired inside the house. After about 30 minutes he saw that other members of the gang had brought an older man to the house and heard further shots being fired. The gang members later told him that they had not found the police inspector at home and had killed his son [


Prompt: 7.  In response to atrocities then taking place in Bosnia and Herzegovina, on 25 May 1993 the United Nations Security Council passed resolution 827 establishing the International Criminal Tribunal for the former Yugoslavia (“the ICTY”) headquartered in The Hague. Although the ICTY and national courts have concurrent jurisdiction over serious violations of international humanitarian law committed in the former Yugoslavia, the ICTY can claim primacy and may take over national investigations and proceedings at any stage if this proves to be in the interest of international justice. It can also refer its cases to competent national authorities in the former Yugoslavia. More than 60 individuals have been convicted and currently more than 40 people are in different stages of proceedings before the ICTY. Two accused are still at large (Mr


Prompt: 120.  On 11 March 2001 the applicant’s husband informed the investigator that on 25 December 2000 Akhmed had left home at about 11 a.m. and had not been since since. He further stated that on 27 December 2000 the Urus-Martan district military commander, Mr G.G., had said in a television programme that the authorities had arrested members of illegal armed groups and named among them


Prompt:
34.  On 22 March 2010 a three-judge panel of the Rijeka County Court extended the applicant’s detention under Article 102 § 1 (3) of the Code of Criminal Procedure (risk of reoffending). The relevant part of the decision reads:
“The accused are charged with developing a detailed plan to commit the offence of incitement to aggravated murder under Article 91(4) and (6) in conjunction with Article 37 of the Criminal Code; it was intended that the murder should be committed by another person, who owed them money. The first accused, I.F., had arranged the purchase of the firearms and explosives and the second accused,


Prompt: 16.  The hearing in the High Court before Tugendhat J lasted three weeks, including six days of oral evidence. He considered live evidence from 18 lay witnesses and two experts, statements from a further 138 witnesses, thousands of pages of documentary evidence and video footage from hand-held and security cameras and police helicopters. In his judgment, delivered on 23 March 2005 ([2005] EWHC 480 (QB)),


Prompt:
32.  On 14 December 2008 the panel of three psychiatrists adopted a report in which they expressed a unanimous opinion. They began by noting by way of introduction:
“[The first question, concerning the applicant’s ability to control her actions at the time of the events and at present] is regularly the most difficult and controversial because of the ‘all or nothing’ nature of the answer that has to be given regarding inability to control one’s actions, so much so that some psychiatrists have for that reason declined to produce expert reports in criminal cases. A total loss of control over one’s actions is absolutely clear only in certain cases, such as delusional psychosis (‘dementia’). In other cases, it is more debatable and the personal conviction of the experts will be influenced by the presence of certain indicators. Their conclusions, in concise form, must give precise answers to the questions set out in the instructions. These answers reflect the experts’ personal conviction after carrying out the various written procedures. They are only ever an informed opinion, and not an absolute scientific truth.”
The experts went on to make the following findings in particular:
“The letter of 13 February [2007] suggests all the signs of melancholic major depression. ... These melancholic states are grounds for emergency hospital admission, or observation, where necessary. ... In the second letter, although in terms of content she unequivocally expresses her anxiety in relation to a suicide where ‘I will take my children with me, because there is no longer any future’, in terms of meaning she is clearly asking for help, apparently foreseeing her inability to control her future actions. ... These documents thus demonstrate beyond doubt that Ms Lhermitte no longer felt capable of controlling her actions ... it has always been clear that there was mental disturbance ... new evidence [warrants] the firm conviction that at the time of the events, Ms Lhermitte was incapable of controlling her actions on account of a severe mental disturbance. ... Ms Lhermitte developed a severe state of anxiety and depression ... [and] a transient dissociative state of depersonalisation, causing her to perform acts of extreme violence. Only operational thought remains; reflective consciousness is momentarily lost. ... Currently ... she remains fragile and there is still a chance, particularly because mourning is impossible, that she will experience a further episode of mental disturbance making her incapable of controlling her actions: the possibility remains that she may attempt suicide ...
CONCLUSIONS
The mental examination of


Prompt: 106.  In her statement of 15 December 1999 the first applicant asked the Nazran Town Court to certify the fact of her two children's deaths. She submitted that on 29 October 1999 a refugee convoy was attacked by fighter planes on the “Kavkaz” highway, between Achkhoy-Martan and Shaami-Yurt. Many people were killed, among them her children


Prompt: 9.  Pending the outcome of the pilot-judgment procedure in the present case and having regard to the aim of that procedure, which is to facilitate the most speedy and effective resolution of a dysfunction at domestic level through general measures whereby the State provides a global solution for all the persons actually affected and prevents similar repetitive violations in the future (see Broniowski v. Poland (friendly settlement) [GC], no. 31443/96, § 35, ECHR 2005‑IX and


Prompt:
39.  International Crisis Group Asia report no. 222 of 29 March 2012 “Kyrgyzstan: widening ethnic divisions in the south” reads, inter alia, as follows:
“Kyrgyzstan’s government has failed to calm ethnic tensions in the south, which continue to grow since the 2010 violence, largely because of the state’s neglect and southern leaders’ anti-Uzbek policies. Osh, the country’s second city, where more than 420 people died in ethnic clashes in June of that year, remains dominated by its powerful mayor, an ardent Kyrgyz nationalist who has made it clear that he pays little attention to leaders in the capital. While a superficial quiet has settled on the city, neither the Kyrgyz nor Uzbek community feels it can hold. Uzbeks are subject to illegal detentions and abuse by security forces and have been forced out of public life...
The nationalist discourse that emerged after the Osh violence unnerved the interim government that had replaced President


Prompt: 43.  According to the statistical information in the Court’s possession on the date of delivery of the present judgment, there are 12,143 Ivanov-type cases pending before the Court, 7,641 of which have already been communicated to the Government. The available data shows that since 3 July 2012, when the Court introduced the fast-track procedure for grouped judgments and decisions, the Court has examined and disposed of 14,430


Prompt:
31.  Furthermore, the Katerini Assize Court examined the facts complained of under the provisions concerning reckless homicide. It concluded that:
“... on the night of 25 March 2000 [G.A.] carried out his duties in the most impeccable way possible. He pursued the deceased with professional consciousness, he did not fire his gun during the pursuit, although another in his place might have done so, and, most importantly, he arrested and immobilised the deceased holding his revolver in his right arm and pointing it to the sky, in order to avoid accidents... What followed, i.e. the death of


Prompt: 11.  The applicant decided to complete the planned action. He put in the centre of Pleven two stands and two posters reading “We, the supporters of the UDF, call for the resignation of the top idiot of the Government


Prompt:
64.  On 11 November 2005 the Government sent the Court a copy of a statement dated 5 August 2005, addressed to the Representative of the Russian Federation at the Court, Mr Laptev, and written and signed by the applicant. The statement read as follows:
“I ask you to examine and accept the statement written in my own hand that I,


Prompt: 75.  On 19 September 2001 a group of about fifteen servicemen arrived at the applicants’ neighbourhood in Urus-Martan and cordoned off the area. Their UAZ car had no registration plates and the registration number of their Ural lorry was obscured by mud. All the servicemen were armed and wore camouflage uniforms and masks, save for the commanding officer. The latter was unmasked, had Slavic features and had an FSB emblem on his sleeve. After a quick search of the applicants’ house, the servicemen told them in unaccented Russian that they had to take Mr


Prompt:
23.  In elaborating on the applicant's possible guilt the court reasoned as follows:
“The court acknowledges the freedom of the press to report critically on hospitals and, among other issues, on any alcohol abuse that might have been established in such an institution. A critical reviewer must nevertheless bear in mind that his or her statements may amount to criminal defamation. The readership has the right to expect that the facts forming the basis of an article have been verified and that any erroneous piece of information has been corrected. The persons dealt with in the articles are entitled to demand that they be based on correct facts and a person who has been criticised must be given the right to respond. These principles are also to be found in the ethical guidelines adopted within the [journalistic] profession.
Ms Selistö's conduct does not meet the aforementioned criteria. The surgery performed by [X] has been carefully scrutinised without any error [on his part] having been established. Regardless of this, Ms Selistö's article [of 27 February 1996] contains a groundless allegation that the surgeon conducted an operation in a drunken state or while suffering from a hangover.
When writing her article [of 27 February 1996] Ms Selistö had become aware that it was capable of subjecting the surgeon who had operated Mrs


Prompt:
15.  On 13 March 1997, at an unknown time, the Bad Urach District Court, in the context of the above proceedings against V.B., issued a warrant to search the business and residential premises of the applicant. The warrant read as follows:
“In the context of the preliminary investigations against
... [V.B.] ...
concerning
the contravention of a traffic regulation,
pursuant to Article 33 § 4 of the Code of Criminal Procedure without a prior hearing, in accordance with Articles 94, 95, 98, 99, 100, 102, 103, 105, 106 § 1, 111 et seq., and 162 of the Code of Criminal Procedure and section 46 of the Contraventions of Regulations Act, 1.  the search of the business and residential premises of the father,


Prompt: 72.  The Government also submitted copies of log entries for the first applicant and for her son Idris Iduyev. The first applicant's card contained information about her name, date and place of birth and place of residence. It stated that she had entered Chernokozovo on 25 January and that on 16 February 2000 she had been transferred to hospital. The entry for


Prompt: 24.  On 24 December 2001 charges were brought against the applicant for resisting arrest, assaulting a police officer and causing grievous bodily harm. On 13 January 2004 the applicant appeared before the investigating judge in order to testify with regard to the charges against him. The applicant contended that Police Officer


Prompt: 50.  On 7 June 2005 the investigators questioned the applicants' neighbour, Ms Z.N., who stated that at about 7 p.m. on 19 June 2002 she had been at home when she had heard armoured vehicles in the street. She had gone outside and next to the


Prompt:
14.  On 3 August 2000 the Rossiyskaya Gazeta newspaper ran an article on the Unification Church’s activities in southern Russia which – according to the applicant – described in general terms the grounds subsequently endorsed by the Federal Security Service in favour of his expulsion. It was entitled “Caramels from Moon will drive to debility” («‘Гуцулочки’ от Муна до маразма доведут»):
“The prosecutor’s office of the Stavropol Region has banned the activity of social organisations under the protection of which the Korean Moon ... was buying souls for $500 a piece.
Once there were two public organisations registered by the Stavropol Department of Justice: the Youth Federation for World Peace (YFWP) and the Family Federation for World Peace and Unification (FFWPU). As it turned out, these so-called public movements preach one of the most dangerous religions of the past century...
Outwardly inoffensive ‘pedlars’ who sell or give away the ‘New Families’ newspaper and cheap caramels lure young men and women into Moon’s family ... Young missionaries who were freely permitted to lecture to senior students at Stavropol schools introduced themselves as volunteers from the International Education Fund (IEF), [which is] one of Moon’s many ‘parishes’ ...
The self-proclaimed lecturers had no documents authorising them to talk to students. To ‘sweeten’ the lectures, they distributed caramels. Later, a panel of experts from the Stavropol clinic for borderline states gave a negative appraisal of Gutsulka caramels that Moonies distributed to children and adults alike. As it turned out, an outwardly inoffensive caramel destroys the human being’s energy-information profile. Simply speaking, such caramels with little-known inclusions – in some of them small holes are visible – facilitate the conversion of neophytes into zombies.
The contents of Moonies’ lectures leave a strong aftertaste of debility. It is sufficient to read the briefing materials [prepared by] the IEF – an outline of the lecture on ‘Preparation of a Secure Marriage’. Citation: ‘The genitals belong to a spouse and they only serve their purpose in a marital relationship ... Until the marriage you are the guardian of your genitals for your future spouse ...’
After some time ... [a certain young man] was introduced to the head Moonie in the Northern Caucasus,


Prompt: 9.  By judgment of 15 June 2004 the Vienna Regional Criminal Court (Landesgericht für Strafsachen) ordered the applicant company to pay compensation of 5,000 euros (EUR) to the first claimant, Mr Klestil, and EUR 7,000 to the second claimant, Mrs


Prompt: 18.  On 19 October 2000 DC Ridley took statements from Giles Van Colle and Mr P. In his statement Giles Van Colle said that he believed the caller was Mr Brougham because of the accent and because he had no involvement in any other legal matter whether civil or criminal and he described himself as having been “totally shaken up” by the call. DC Ridley stated during later disciplinary proceedings that, while


Prompt: 5.  On 21 July 2004, namely before the application was introduced, the ninth applicant had died. With a letter of 3 September 2007 the applicants’ representative informed the Court about the ninth applicant’s death and that the application would be pursued on his behalf by his heir Mr


Prompt: 25.  According to the Government, in the village of Duba-Yurt on 27 March 2004 in the period between 2 and 3.30 a.m. unidentified men wearing camouflage uniforms and masks, armed with automatic firearms and equipped with armoured personnel carriers and UAZ vehicles, abducted


Prompt: 21.  Following the interview, the investigator issued a decision charging the applicant under Articles 192.2.2 (illegal entrepreneurship), 213.1 (large‑scale tax evasion) and 308.2 (aggravated abuse of power) of the Criminal Code. The description of charges consisted of a single sentence which was one page long and was similar to that used in the case of


Prompt:
61.  In an article published in the daily newspaper “Radikal” on 5 December 1996, the journalist İsmet Berkan wrote:
“It all dates back to early 1992. At that time the Turkish Chief of Staff's office made radical changes in its strategy in the fight against the outlawed PKK. The military units, which used to take action only after PKK attacks had taken place by engaging in hot pursuit, started to be organised as a guerrilla force. Now they were taking pre‑emptive action. This change soon started to bear fruit. The PKK no longer had the initiative. Now the PKK was on the run with the soldiers at its heels.
The PKK gradually withdrew from the centres of population where it had been staging attacks, taking refuge in the mountains. But Turkey's “active fight” against terrorism was continuing. This time, the logistic support for the PKK in the mountains began to diminish through village evacuations. The PKK had been greatly weakened, and seemed to be on the verge of being “finished off”.
But the change in the strategy was not limited to a “low-intensity conflict” in the region. It was decided that a “more active” drive was required to dry up other sources of terrorism too. In this way, with a little effort, this job would be “finished off next spring”.
This would take the form of a two-pronged effort. Terrorists would be caught – or killed if necessary – before they actually staged attacks. And the persons who provided the terrorists with material or moral support would be equated with the terrorists themselves.
This change in strategy was put on the agenda of the National Security Board at the end of 1992. A National Security Board document, which the author of this column was allowed to see, contains the chart of the organisation that was to be created for this purpose, as well as the names of the persons who would take part in it. These names included


Prompt: 25.  On 2 August 1996 the public prosecutor at the İzmir public prosecutor’s office decided not to investigate Mehmet Kurnaz’s allegations of ill‑treatment on the ground that there was already a decision of non‑prosecution against the prison officers in respect of the same event and that the case file against the gendarmes was before the İzmir Governor’s Office.