Prompt: 127.  The servicemen had photographs of the first applicant’s third son, Mr Magomed Akhmadov, a student at Grozny University, who was away at that time, and seized some more from the applicant’s house. They compared the photographs and repeatedly asked the local residents about Mr


Prompt: 18.  On 15 February 1996 the District Governor’s above letter was served upon one of the applicants Mehmet Yılmaz, who is the former mayor (muhtar) of the evacuated Elgazi village. The cover letter stated that the authorities were unable to find out the new addresses of the applicants and that therefore


Prompt: 80.  The applicant submitted the following witness statements concerning the events of 29 April 2001: witness statement by Mr Sultan Isayev's father concerning the arrest of his son on 29 April 2001, the relevant part of which is quoted in paragraph 13 above. Also provided were witness statements by Mr S. Kh., Ms A. and Ms S., who resided at Zheleznodorozhnaya Street in Alkhan-Kala and were neighbours of Mr


Prompt:
61.  On an unspecified date in April 2010 senior operational-search officer Mr P.G. provided the investigators with an information statement on the operational-search measures taken in the criminal case. The relevant part reads as follows:
“... It has been established by operational-search measures that at about 3.30 p.m. on 31 October 2009 servicemen from the Argun OVD, the 8th company of the 2nd regiment of the traffic police and the head of the Argun town administration security service conducted a special operation, as a result of which an active member of illegal armed groups Mr A.Kh. was found. He resisted arrest and ... was eliminated as a result ... It has also been established that in this household Mr A.Kh. had lived with his wife,


Prompt:
17.  On 14 February 2002 the prosecutor’s office of the Chechen Republic informed the Shali Town Court of the Chechen Republic (“the town court”) of the following:
“At about 10 a.m. on 25 October 2000, in the course of a special operation, unidentified servicemen of the federal armed forces arrested


Prompt: 36.  However, Fennelly J. noted that the courts had also recognised the possibility of making a prohibition order for the quite distinct reason that there had been a breach of an accused's right to trial with “reasonable expedition”. Noting that the judgment of Powell J. in Barker v. Wingo ((1972) 407 U.S. 514) of the Supreme Court of the United States had been influential in the development of the case-law of the Irish courts on the right to reasonable expedition and the consequences of its breach,


Prompt: 46.  In their additional memorandum submitted in September 2008 the Government, without indicating the dates and without providing copies of the documents, informed the Court that the investigation into both cases was ongoing. The prosecutors had questioned seven local residents who had been detained on 15 October 2002 or their family members. They confirmed that


Prompt: 78.  The investigation questioned some other local residents. On 4 February 2001 one neighbour of the Bersnukayevs' stated that he had not seen Roman for about a year or a year and a half. The witness had heard that


Prompt:
52.  Ms G.G. testified as follows:
“I had not known the claimant before. I was an observer in Polling Station no. 246 during the presidential election of 15 October 2003. At around 2-3 p.m. on 16 October 2003, near Azadliq Square, I saw


Prompt:
75.  On 16 March 2002 victim status was granted to the first applicant, who was questioned on the same date. She submitted:
“...[Mr] Aslan Akhmadov is my son. He was a fourth-year student at the oil college. Throughout the whole year he studied full time and did not skip lectures. He came home two days before the “sweeping” operation and stayed at home. When he left home, he did not go far and always let me or his father know where he was going.
On 6 March, at around 11 a.m. or 12 noon, my son and [Mr]


Prompt:
54.  On 20 May 2011 the investigator decided to close the case again. The investigator reiterated the findings of the earlier expert examinations of the case and in particular the report of 12 January 2005 (see paragraph 35 above). Among other things, the investigator acknowledged that it proved impossible to find the medical records of the applicant’s daughter and the “tissue archive” and that, as a result, the experts were not in a position to conduct an additional forensic examination into the cause of her death. He further noted that:
“... during the preliminary investigation it was established that ... [


Prompt: 30.  On the same day the Turkish Human Rights Association addressed a letter to the President of the Republic of Turkey on behalf of the applicant, informing him of the disappearance of Talat Türkoğlu and stated that the applicant had applied to various authorities. The President was requested to order a search for


Prompt: 23.  The first applicant managed to speak to two residents of Tsa-Vedeno detained on 3 May 2001 and released four days later. They had been severely beaten and one of them had burns on his chest, back and legs and his arms were swollen. The men told the first applicant that they must have been detained at the military base between Shali and Serzhen-Yurt, since that was the only base, apart from the military base in Khankala, where military helicopters could land. They had been kept in a basement and severely beaten and tortured with electricity. One of them told the first applicant that he had seen her husband on 4 or 5 May 2001 when the latter had been taken for interrogation. He had also seen


Prompt: 8.  At about 8 p.m. on 25 June 2010 a group of five officers from the Sovetskiy district department of the interior in Makhachkala (the Sovetskiy ROVD) arrived at the first applicant’s house. One of them, who identified himself as Shamil, showed the first applicant arrest warrant no. 6/3-3726 issued in the name of her son Mr


Prompt: 52.  On 5 August (or September) 2001 (the date is partly illegible) a police officer of the Urus-Martanovskiy Department of the Interior took a written statement from the first applicant (объяснение). According to the statement, at about 6 a.m. on 24 April 2001 a group of armed camouflaged men had burst into her house and taken away her son,


Prompt: 40.  A further four pages of the judgment were dedicated to a discussion of whether the defendants’ pre-trial statements had been coerced. In rejecting that allegation, the court stated in particular that: (i) the second applicant’s statements had been made in the presence of a lawyer hired by his wife; (ii) the defendants had changed their statements over the course of the investigation to minimise their own role in the crimes and their culpability, which was inconsistent with their allegation that their statements had been forced on them by the authorities; (iii) a video recording of the second applicant’s interview and of a reconstruction of the crime with him and Mr


Prompt: 82.  On an unspecified date the investigators again questioned the first applicant who stated that at about 2 a.m. on 6 July 2002 a group of unidentified armed men had broken into their house. The men, who spoke unaccented Russian, had been wearing camouflage uniforms and masks. They had told her to go to another room and started searching the house. Upon completion of the search the men had told her not to follow them. Sometime later the applicant had gone outside and had seen that the armed men were walking with her husband


Prompt: 60.  On 14 November 2006 the investigation interviewed M.F., who lived at 26 Pervomayskaya Street, as a witness. She submitted that at about 4 a.m. on 16 September 2004 she had been woken up by the noise of several vehicles. When she got outside she saw two light-coloured Gazel vehicles without registration plates. M.F. heard a walkie-talkie in one of the vehicles but could not catch what the people were saying over it. A man in a camouflage uniform with a sub-machine gun was standing near the vehicles. Suddenly another armed man in camouflage ran to him and ordered him in Russian to get the vehicles to the applicants' house. When the vehicles arrived there, about ten armed camouflaged men got into them. Shortly thereafter the two vehicles started taking off. They were followed by an APC with several servicemen on it. Once the convoy had left, M.F. ran to the applicants' house, where she was told that the servicemen had taken away


Prompt:
23.  On 9 December 1994 the deputy director at the Security Directorate, Ülkü Met, sent a letter to the Ankara public prosecutor’s office, the relevant parts of which read:
“... Between 12 September and 21 November 1994 the anti-terrorist branch carried out 249 arrests. Of those arrested, 115 were brought before the principal public prosecutor at the National Security Court and the remaining 134 released. In addition on 16 and 17 October 1994 the Committee for the Prevention of Torture carried out two ad hoc visits to the Security Directorate. They did not report any case of unlawful detention there ... In the interests of an effective investigation, persons remanded in custody, whether members of the same or of different organisations, never see each other unless a confrontation becomes necessary. Even for the purposes of answering a call of nature, remand prisoners are taken to the toilets individually and are accompanied by a warder. Furthermore, members of the same organisation are put in cells that are far apart from each other ... The sole aim of the persons whose names appear in the complaint and who claim to have seen the person known as


Prompt: 62.  On 27 November 1997 Prosecutor Sami Güngör at the Diyarbakır Court asked the Diyarbakır Police and the Diyarbakır Gendarmerie to search for the perpetrators of the killings of Necati Aydın, Mehmet Ay and


Prompt: 11.  On 12 October 2000 the head of the criminal police of the Oktyabrskiy Temporary Department of the Interior (VOVD) in Grozny (начальник криминальной милиции временного отдела внутренних дел Октябрьского района г. Грозного), Major I., issued a certificate stating that on 2 October 2000


Prompt: 7.  On 27 June 1985 the Salzburg Office of the Regional Governor in its capacity as Agricultural Authority (Amt der Landesregierung als Agrarbehörde) dismissed the request (“count 1”, divided into “lit.a”, “lit.b” and “lit.c” with regard to different rights). However, in the same decision the authority granted a request by the Austrian Federal Forests to pay compensation in exchange for the right to use the wood (“count 2”). The first applicant and


Prompt:
15.  This book was a compilation of interviews given by the author, İsmail Beşikçi, to various foreign and national newspapers, some of which were never published. The Istanbul State Security Court highlighted certain extracts to support the applicant's conviction:
“Kürt sorununun odak noktasının Kürdistan'ın bölünmesi ve paylaşılması olduğunu düşünüyorum, bugün Iran'ın bir Kürdistanı var, Irak'ın bir Kürdistanı var, Türkiye'nin bir Kürdistanı var... Kürt ulusuna karşı böl yönet politikası uygulanmıştır...
...Türkiye'de Kürtlere karşı yoğun bir devlet terörü var, Yani terörü devlet yapıyor. Örneğin devlet şöyle işler yapıyor Kürdistanda: Çoçukları bir duvarın dibine diziyor. Duvarın karşı tarafta da çocukların babalarını veya dedelerini diziyor. Karşılıklı iki ev. Bir tarafta babalar, dedeler işkence görüyorlar, diğer tarafta da onlarin çocukları ...
...Kürdistan ulusal mücadelesinin çok onurlu, sonsuz derecede meşru bir mücadele olduğu kuşkusuzdur. Kürdistan'da kapsamlı, yoğun ve onurlu bir gerilla mücadelesi sürerken, yurt dışında olmanın bu mücadeleye aktif olarak katılamamanın yurt dışındaki kürtler için çok büyük bir güçlük oluşturduğunu düşünmekteyim ... Kürdistan ulusal kurtuluş mücadelesine katılmanın, bu onurlu mücadeleyi desteklemenin binbir türlü yolu vardır... Kürdistan ulusal mücadelesi içinde yeralan bütün işçilere, bütün köylülere, aydınlara, gerilaya katılan genç erkeklere ve kadınlara, gerilayı destekleyen herkese, gerilla mücadelesinin önderliğini yürüten bütün kadrolara, başkan Apo'ya binlerce selam olsun ...”
<Translation>
“I think the focal point of the Kurdish problem is the division and partition of Kurdistan. Today, Iran has a Kurdistan, Iraq has a Kurdistan, [and] Turkey has a Kurdistan. ... The policy of divide and rule was applied to the Kurdish Nation. ...
...There is intense State terror against the Kurds in Turkey ... For example, the State is doing the following in Kurdistan: It is assembling children next to the wall. On the other side of the wall, it is assembling their fathers or grandfathers. Two houses facing each other. On the one side, fathers and grandfathers are tortured, on the other their children. ...
...There is no doubt that the Kurdistan national struggle is a very honourable, infinitely legitimate movement. I think that while the comprehensive, intense and honourable guerrilla struggle is continuing in Kurdistan, it is difficult for the Kurds in foreign countries not to be able to participate actively in this struggle. ... There are thousands of ways to participate in the Kurdistan liberation struggle, [and] to support this honourable struggle. ...Thousands of salutations to workers, villagers and intellectuals who participate in the Kurdistan national struggle, young men and women who joined the guerrillas, all those who support the guerrillas, to all the cadres who lead the guerrilla struggle [and] to leader Apo. ...” 2.  “The case of


Prompt: 39.  The fourth and the fifth applicants are wife and husband. During the winter of 1999 to 2000 they remained in Grozny in their house at no. 20, 3rd Tsimlyanskiy Lane. Within the same courtyard in a separate house there lived the fifth applicant's sister and brother,


Prompt: 71.  On 8 June 2007 the first applicant was confronted with police officer L. (see paragraph 22 above). The first applicant’s account of the events of 7 July 2006 was in line with his previous statements. L. stated that he partially confirmed the first applicant’s account. He further submitted that in front of Mr


Prompt: 90.  On 4 March 2001 the seventh applicant and three other relatives went to the Emercom premises to identify the bodies. The bodies were in an advanced stage of decomposition and the relatives could only identify them by earrings and clothes. The body of


Prompt: 46.  In its report dated 8 November 1993 the Forensic Medicine Institute informed the court that it was possible from a medical perspective to remove the fragments of bullet found in Süleyman Acar’s body. At the following hearing the court decided not to carry out an operation on


Prompt:
7.  The indictment further noted on pages 11 to 12:
“Carlo T. accuses Richard Taxquet, P.D.M. and A.V.D.B. of having ordered the murder of A.C. ...
In April 1991 Richard Taxquet informed him about an altercation he had had with A.C., who, having evidently found out about certain matters, had told


Prompt:
20.  On 26 February 2003 the Nalchik Town Court dismissed the applicant's complaint, finding as follows:
“The administrative proceedings against [the applicant] were initiated, and a fine in the amount of 500 roubles was imposed on him, not only on the basis of the obvious fact, established by Inspector A., that [the applicant] had been outside his place of residence but also on the basis of the report drawn up by O. and Sh., district police officers of Department of the Interior No. 3 of Nalchik, on [the applicant's] residence in the Furmanova street flat from 20 November to 11 December 2002... [These police officers] gave statements as witnesses and stated that they had learnt from operational sources that a foreigner, named


Prompt: 19.  On 3 July 2003 the Court of Appeal dismissed the applicants’ appeal. While Lord Justice Kennedy found that if proper enquiries had been made and the results properly reported there would have been no reasonable or probable cause to apply for a search warrant, he held that the requirement of malice was not made out as there was no evidence of any improper motive (incompetence or negligence did not suffice). He further held that the entry, being made under a warrant which was on the face of it lawful, was itself lawful and that while those responsible for sending


Prompt:
28.  On 5 March 2013 the Nasimi District Court dismissed the request and found that the preventive measure should be left “unchanged”. The relevant part of the decision read:
“Taking into account the character and degree of danger to the public of the criminal offences attributed to the accused, the court considers that it is not possible to attain the objective of the preventive measure without keeping the accused


Prompt: 34.  On 17 July 2007 the district prosecutor’s office replied to the applicant saying that it had taken all investigative steps which could have been taken in the absence of there being anyone to be charged with the abduction of


Prompt:
20.  On 10 January 2003 the Kraków–Śródmieście District Court resumed the private prosecution proceedings against the applicant, noting that his abode had been established. On the same date it quashed the detention order of 15 July 2002 and replaced it with a ban on leaving the country and ordered the applicant to surrender his passport.
The District Court held as follows:
“The accused


Prompt:
57.  At the request of the Court, on 7 March 2011 the Government produced the statement of the prosecutor V.D., responsible for the proceedings brought against the applicant. Dated 17 January 2011, the relevant parts read as follows:
“After having consulted ‘the records’ of the file on the criminal investigation, I wish to clarify the following:
- The following ‘făptuitori’ [‘alleged perpetrators’ or ‘suspects’, at a stage prior to the opening of proceedings against them], officers of police section no. 5, were summoned on the aforementioned date [16 July 2003] by a written request sent to the head of police of the 1st District of Bucharest: G.S., D.M.,


Prompt: 29.  On 25 July 2004 the deputy chief of the FSB Department for Chechnya replied to the applicant. He denied that Mr Adam Medov had been arrested or detained by the Department’s officers and stated that they had no information on his whereabouts. The letter further stated that Lieutenant-Colonel


Prompt: 56.  On the same date investigator A. questioned medical assistant Kh. She submitted that she had been working as a medical assistant at the Organised Crime Unit since 2003 and was responsible for providing police officers with first aid. On 20 July 2004 at around 4 p.m. Deputy Head B. called her and asked her to examine a man in office no. 17. As she learned later, the man was Mr


Prompt: 11.  On 6 November 1989 the company requested that the police investigate whether the applicant had committed an offence by refusing inter alia to provide information about the whereabouts of the shares. On 7 December 1989 and on 9 February 1990 the police unsuccessfully carried out searches of his apartment. On 27 February 1990 he was questioned. He told the police that he had lodged, in December 1989 and January 1990 respectively, applications for an annulment of the winding up order and the final decision in the ownership proceedings. He had also lodged a complaint with


Prompt: 64.   The defence also requested the court to obtain from the prosecution the recordings made between 5.30 p.m. on 7 August 2000 and 1.40 p.m. on 8 August 2000. The defence stressed that during that period the applicant had had a telephone conversation with Ms


Prompt: 65.  The investigators also questioned Mr Akhmed Buzurtanov’s sisters, Ms F.B. and Ms Lu.B., both of whom stated that they had not witnessed the alleged abduction but had found out about it from a woman living at the corner of Zhebagiyeva Street, according to whom an abduction had been perpetrated by masked men in black uniforms driving three cars. In addition, Ms Lu.B. stated that another resident of that area, Mr M. Be., had confirmed the woman’s story and had added that one of the abductors’ cars had hit Mr


Prompt: 5.  The applicant, who was born in 1943, lives in Urus-Martan, Chechnya. She is the mother of Mr Apti Islamov, who was born in 1977 (in the documents submitted also stated as 1976) and Mr Said-Emi (also spelled as


Prompt: 31.  On an unspecified date the investigators questioned the applicant, who stated that on 3 January 2003 she had been at home. At about 10 a.m. a group of armed men in camouflage uniforms had broken into her house. At first the men had taken away her son Ramzan; however, they had brought him back soon afterwards and taken her second son,


Prompt: 18.  Later on 17 May 2012, the third and sixth applicants (Mr L. Berianidze and Mr G. Demetrashvili) sought medical help for their injuries. The third applicant had a bruised left knee, grazes on his left palm and fingers, a haemorrhagic forearm and a haematoma on the right eyebrow. The sixth applicant had a closed head trauma, cerebral contusions, and bruises on the left side of his chest. Two days later, on 19 May 2012, the fourteenth applicant (Ms


Prompt: 23.  According to the applicants, on 29 October 2001 the corpses of Amkhad Gekhayev and Zalina Mezhidova, wrapped in plastic sheeting, were brought by a helicopter to the Gudermes District military commander’s office. The bodies were severely mutilated – the upper half of the body was missing from


Prompt:
6.  On 31 May 1995 an article titled “The International Atatürk Peace Award” (“Uluslararası Atatürk Barış Ödülü”) was printed by the applicant in the daily Yeni Politika newspaper. On the same day the newspaper was seized by security forces upon the order of the Istanbul public prosecutor at the printing office, before being distributed.
The impugned article read:
“Peace, just like freedom, is a sacred creation of human consciousness and desire. This treasure deserves constant struggle, sincerity, alertness and solidarity for it. Peace, just like freedom, requires sacrifice and effort.
 It is certain that all peoples of the world understood the value and meaning of keeping peace better after the two world wars whose pain will continue to horrify the human consciousness for centuries. The rise of the anti-war movements, both at the national and international level, is the reflection of this consciousness. In fact, history has proven that for a permanent peace it is essential that an end be put to all forms of exploitation and discrimination and that the social system rest on the foundations of tolerance, mutual respect for rights, justice and the rule of law. This undisputable principle is also the only guarantee for today, both nationally and internationally.
Nowadays, peace movements in many countries, in addition to their own peace efforts in their countries, monitor the events out of their countries like a radar device and try to offer solidarity with people who fight for peace and freedom. In order to realize this purpose, national committees are being set up and the peace efforts of individuals and institutions are supported with annual peace awards. These committees’ decisions are generally taken after meticulous inquiries concerning the nominees. Among these awards, the Nobel Peace Prize is the most distinguished one.
As it is known, in the recent years the Republic of Turkey, having been influenced by the above-mentioned activities, introduced the International Atatürk Peace Award. By doing this, the statesmen, who have stripped concepts like freedom, equality, democracy, justice and law of their substance and who believe that they have succeeded in deceiving their own people and the international community with poor caricatures of those concepts, likewise have diluted and distorted the concept of peace.
First of all, those who cannot establish democracy in all the institutions and regulations of their country, those who ignore human rights and who want to destroy all values of the people with racist and ravaging policies should not have the right to use a high concept like peace, insincerely, for their political purposes. Which country, where people are tortured and killed in custody, made to “disappear”, shot in the middle of a street; where villages and towns are evacuated, forests are burned down, gives a peace award? No. Nobody has the right to pollute the concept of peace and no one should.
It is known that the roots of the increasingly dirty war in Turkey today go back to the first years of the Republic. And who is responsible for the period between 1925 and 1938 when the identity and rights of the Kurdish people were denied and the experiments of brutal genocide were put into practice? Who is the architect of the policies of the Republic of Turkey which aimed at denying and exterminating Kurds from history? What is it, if not hypocrisy, to pronounce the name of the person who is the godfather of today’s dirty war together with the word ‘peace’ and to organize a peace prize in his name? No!...No!... No one should have the right to abuse a mighty concept like peace in such a way. In fact the reason for which


Prompt:
7.  The applicant complained, in particular, that she had been blindfolded, forced to remain standing or sitting for a long time, left exposed to the circulation of cold air, sworn at, refused toilet breaks and sexually harassed.
c)


Prompt: 59.  On an unspecified date the investigators questioned the applicants' neighbour, Ms A.A. who stated that on 4 February 2003, at about 11 a.m., she had gone to the house of the first applicant. When she was there, an UAZ car without registration numbers arrived at the house. Five or six men in camouflage uniform, of Slavic appearance, got out of the car. They introduced themselves as police officers and explained that they had brought the car for repairs. Some time later, from the window of her house, the witness had seen an APC which had arrived at the applicants' house. About ten men in masks had got out of the APC, cordoned the street and went into the applicants' house. They spent about an hour there; after that they took some sacks from the house outside and loaded them into the APC. After these men had left, the witness learnt from the first applicant that they had taken


Prompt: 16.  On 2 January 2012 the military commanders of the joint peacekeeping forces from the Russian Federation, the Republic of Moldova and the so-called Republic of Transdniestria created a commission to investigate the incident of 1 January 2012. The commission was headed by a Russian colonel and comprised three other members from Moldova, the so-called Republic of Transdniestria and Ukraine. An undated report of the commission was presented to the Court by the Russian Government. However, as submitted by the Moldovan Government, it was not signed by the Moldovan member of the commission and therefore had no legal effect. According to the report,


Prompt:
61.  In letters of 20 April and 22 May 2001, the General Public Prosecutor's Office of Georgia informed the applicant's wife as follows:
“... [I]n response to your letter, I wish to inform you that the General Public Prosecutor's Office of Georgia is making every effort to secure compliance with the judgment of the Supreme Court of Georgia dated 29 January 2001 and to bring Mr


Prompt: 16.  Immediately after the abduction of their sons the applicants, along with other residents of the village, went to the Samashki military commander's office (the military commander's office). It appears that by midnight of 19 June 2002 a crowd of almost 300 local residents gathered there. They demanded the release of Zurab and


Prompt: 19.  The applicant then started visiting several prisons in order to find out whether anyone had seen her husband. She met one person, whom requested from the applicant not to be named, who was placed in the Dormitory 31 at the Diyarbakır E-type prison and who told her that he had seen


Prompt: 10.  The first applicant is the mother of Apti Isigov, who was born in 1978. The second applicant is the first applicant's daughter and Apti Isigov's sister. They live at 34 Pervomayskaya Street in Sernovodsk. According to the applicants, at the material time


Prompt: 10.  Khamzat Tushayev stayed in hiding until June 2003, fearing reprisals for the fact of his leaving Duba-Yurt together with insurgents. In June 2003 the first applicant learnt from the head of the local administration that


Prompt: 11.  The Government confirmed that a special operation had taken place in the vicinity of the village of Zumsoy between 14 and 16 January 2005, which had resulted in detection of a boot camp belonging to the insurgents. An airstrike and subsequent search of the area lead to the discovery of the corpse of the applicant’s son,


Prompt: 81.  On 12 March 2010 the investigators questioned Mr A.U., deputy head of the criminal search division of the Shali ROVD, who confirmed that he had had a telephone conversation with the Envoy, Mr O.Kh., after the abduction and that he had mentioned to the latter that


Prompt: 61.  The applicants then conducted their own investigation into the abduction. Their acquaintance, Mr N. E., informed them that Mr Ramzan Shaipov had been taken to the FSB station in Avtury upon the order of Mr G., an FSB officer, also known as ‘Terek’. Afterwards, Mr


Prompt: 20.  In its submissions in reply the Vienna Federal Police Authority contested these allegations. It stated that during his hunger strike the applicant had regularly been weighed and his blood-sugar level had been checked. Because of conflicts with former inmates the applicant had already been transferred from another cell. The applicant had several times pretended to faint and had requested an inmate, Mr Stojanovic, to call the prison officers. On the day in question the applicant had banged continuously against the cell door, had rung the bell and had disregarded the ensuing admonitions of the prison officers. In the evening he had gone to the lavatory situated in the cell, had fallen down and had suffered a slightly bleeding injury on his head. The applicant's inmates had subsequently dragged the applicant away from the toilet. The prison's paramedical officer, Mr


Prompt: 29.  On 21 May 2007 the results of the forensic examination of the marks were produced in report no. 16080702, which stated that the fingerprints found on the internal side of the middle part of the window frame and on the left window pane belonged to


Prompt: 24.  In a letter of 12 May 2004 the prosecutor's office of the Chechen Republic (the republican prosecutor's office) notified the third applicant, in reply to her query, that the district prosecutor's office had instituted a criminal investigation into the abduction of


Prompt: 13.  On the same day, 23 May 1996, the applicants were brought before the Adana public prosecutor, who sent them to the Fourth Chamber of the Criminal Court of Peace in Adana. Before the Justice of the Peace of that Chamber, the applicants denied the accusations against them and complained that they had made their statements under torture. They were detained on remand, under Article 104 of the Code of Criminal Procedure, on the grounds of the state of the evidence and the nature of the offence of which they stood accused, which could be classified as a serious crime. The applicants were not represented by a lawyer before the


Prompt: 4.   Ms Yefrosyniya Semenivna Bilokin was born in 1925, Ms Olena Oleksandrivna Shebitko in 1972, Mr Anatoliy Ivanovych Shebitko in 1973, Mr Petro Ivanovych Shebitko in 1967, Mr Sergiy Ivanovych Maksymenko in 1965 and Ms


Prompt:
33.  The Pecherskyy Court held that the applicant’s arguments had no impact on the legal classification of her actions and that they were refuted by the evidence as a whole. The judgment further stated in that regard:
“... the court considers that by committing deliberate acts in a group which showed disrespect for the burial place of


Prompt: 75.  Alaattin Aydın, a police constable serving with the Derik district police force, stated that on 18 November 1990 the Derik district gendarmerie had requested Yakup Aktaş's arrest. Together with a colleague he had asked


Prompt: 25.  Regarding Leyla Zana, the Court of Cassation noted the following: she had undergone political training in a PKK camp in Bekaa (Syria); she had had four conversations with the head of a clan in south-eastern Turkey, advising him not to prevent the PKK from attacking State targets and encouraging him to telephone the head of the PKK, addressing him as “Mr Secretary General”; she had twice visited the head of another clan to encourage him to join the PKK to help found Kurdistan; she had handed over to the PKK one of its opponents who had been abducted by PKK militants; she had described slogans such as “Long Live Apo [Apo is a diminutive used to refer to


Prompt: 24.  A specialist called by the applicants, a doctor of philosophy, criticised the experts appointed by the prosecution for taking fragments of text out of context and thereby distorting their meaning.


Prompt: 168.  In 2007 and 2008 district departments of the criminal police reported that they had neither detained Musa Temergeriyev on criminal or administrative charges, nor carried out any investigation in respect of him.


Prompt: 52.  Officer Van Daal was a uniformed police officer on the basic police assistance staff. The previous night she had been seated at the plotting table from 8.15 p.m. until midnight. Until the shooting it had been a quiet night. She had sat there with Officer Braam and Superintendent


Prompt: 106.  On 18 February 2008 the second applicant was questioned yet again (see paragraph 100 above). She confirmed her earlier statements and commented on the police officers’ submissions made in the course of the re-enactments conducted on 15 February 2008 and earlier questioning. The second applicant stated that the submissions of S. and D-n. of the special police unit were untenable and pointed out that in response to important questions they had answered that they either did not know or did not remember. In particular, they did not remember how they had broken the kitchen door and the kitchen table and thrown them into the lobby. Immediately after the events the first applicant found a broken table leg in the kitchen near the balcony window. The end of the table leg had blood on it. The first applicant put it on the balcony, where it remained to this day. Hence, D-n.’s statement that he had found a rubber truncheon on the refrigerator in the kitchen was untrue, as a rubber truncheon could not have been there. Not only had the regular police squad not entered the flat but by that time they had left, and the special unit officers were the first ones to enter the kitchen. The only baton that remained in the kitchen was the leg of the broken table, which D-n. must have used as he did not deny hitting Mr


Prompt: 83.  On 12 September 2002 the investigators questioned the first applicant, who stated that at about 3.15 p.m. on 3 September 2002 a group of armed men in camouflage uniforms and masks had arrived at his house in APCs and a UAZ car; the vehicles’ registration numbers had been concealed with mud. The men, who had been armed with Stechkin automatic pistols with silencers, had taken away his son,


Prompt: 13.  Following a request from the Court, in a sworn affidavit of 24 September 2009 the applicant declared that she was the daughter of Polykarpos Panayioti, who had died on 27 December 1975, and of Anastasia Panayiotou, who had died on 12 January 1989. Her mother's father name was


Prompt:
44.  In their additional memorial of 30 January 2007, however, the Government submitted copies of several documents which included:
(a) procedural decisions of 20 May 2005, 28 September and 4 November 2006 and 19 January 2007 suspending and reopening the investigation in case no. 12275;
(b) investigators’ decisions of 4 October 2006 and 19 January 2007 to take up case no. 12275;
(c) letters issued in 2005-07 informing the applicant’s wife and her other son,


Prompt: 38.  On 2 December 2002 the applicant lodged a complaint with the Military Prosecutor of Armenia, arguing in detail that his son had died as a result of a beating by officers V.G., D.H., K.Z. and another officer, B., as well as the failure of the doctors of the military unit, S.G. and A.H., to provide medical assistance. He claimed that serviceman G.M. had admitted during questioning, in his presence, that he had been badly ill-treated by officer K.Z. in his office.


Prompt: 46.  On 16 December 2002 in connection with the abduction of the applicants’ relatives, the district prosecutor’s office instituted an investigation under Article 126 § 2 of the Criminal Code (aggravated kidnapping). The case file was assigned number 52158. According to the Government, the criminal case was opened upon the report of an operational officer of the ROVD dated 30 December 2002 stating that “on 10 December 2002 unidentified men in white camouflage clothing, armed with automatic weapons, broke into the house at 37 Zabolotnogo Street, where, using weapons and threats of murder, they forcibly took away the employees of the Oktyabrskiy ROVD


Prompt: 20.  When questioned on 5 October 2005, the Khoni prison governor, A.L-iani, stated that the usual evening inspection had taken place on 30 September 2005 at 7 p.m. B.J.-dze, the officer carrying out the inspection, had reported back that everything was in order and that all seventy-nine inmates were where they should be. Around 7.30 p.m., the inspection officer-in-chief had reported to the governor that an inmate was unwell. The governor had headed to the storeroom with two prison doctors and found the applicant's son lying on the ground. He was still alive.


Prompt: 46.  On 26 July 2008 Susana Ciorcan died at the age of fifty-six, two years after the incident. The proceedings were continued by her sons and daughters: Costel Ciorcan, Sorin Ciorcan, Carol Ciorcan, Sonia Biga,


Prompt: 22.  The units assigned to police the march and the meeting belonged to “Zone no. 8” (Kaluzhskaya Square, Bolotnaya Square and the adjacent territory). The zone commander was the Chief of the Riot Police of the Moscow Department of the Interior, Police Colonel P. Smirnov, with nine high-ranking police officers (Police Colonel


Prompt: 103.  The investigating judge also considered that the evidence in the file excluded any criminal responsibility on the part of F.C., given that, as indicated by the forensic experts, Carlo Giuliani's death had undoubtedly been caused within minutes by the pistol shot. The jeep's driving over the victim's body had caused only bruising. In any event, owing to the confused situation around the jeep, F.C. had not been able to see


Prompt: 17.  On 7 January 2000 Ms Z.A., a friend and a remote relative of the Mavluyevs who also lived in Grozny, heard from other residents that, owing to the intensification of the military operations, on 8 January 2000 a “humanitarian corridor” would be arranged for civilians so as to let them escape from the fighting in Grozny. In the evening Ms Z.A. and


Prompt: 46.  During the hearing that was held before the trial court on 29 January 1997, the applicant confirmed the accuracy of the contents of his statement taken at the Police Headquarters previously. He further informed the trial court that he wanted to press charges against the defendants. The applicant’s brother


Prompt:
41.  On 3 March 2008 the applicant was formally charged under Articles 225.1 § 2 and 316 § 2, as well as Articles 301 and 318 § 1 of the CC (see paragraphs 91, 94, 93 and 95 below), within the scope of criminal case no. 62202608, as follows:
“...from 20 February 2008 onwards [the applicant], together with Mr


Prompt: 21.  On 1 December 2004 the republican prosecutor’s office replied to the applicant that her complaint about the abduction of Timur Beksultanov had been appended to case file no. 44050 opened against him in July 2003. She was also notified that


Prompt:
60.  On 29 May 2002 the Parliamentary Assembly of the Council of Europe adopted Recommendation 1563 (2002) on the “humanitarian situation of the displaced Kurdish population in Turkey”. The Parliamentary Assembly urged Turkey to take the following steps:
“a. lift the state of emergency in the four remaining provinces as quickly as possible, namely in Hakkari and Tunceli, Diyarbakır and Şırnak;
b. refrain from any further evacuations of villages;
c. ensure civilian control over military activity in the region and make security forces more accountable for their actions;
d. step up investigations into alleged human rights violations in the region;
e. properly implement the rulings of the European Court of Human Rights;
f. abolish the village guard system;
g. continue its efforts to promote both the economic and social development and the reconstruction of the south-eastern provinces;
h. involve representatives of the displaced population in the preparation of return programmes and projects;
i. speed up the process of returns;
j. allow for individual returns without prior permission;
k. not to precondition assistance to displaced persons with the obligation to enter the village guard system or the declaration on the cause of their flight;
l. present reconstruction projects to be financed by the Council of Europe’s Development Bank in the framework of return programmes;
m. adopt measures to integrate those displaced persons who wish to settle in other parts of Turkey and provide them with compensation for damaged property;
n. grant full access to the region for international humanitarian organisations, and provide them with support from local authorities.” 3.  Report of the Representative of the Secretary-General on internally displaced persons, Mr


Prompt:
14.  On 3 September 2002 the first applicant and his wife went to the filtration point. They saw that the apprehended men were being kept in the barn. From the date of Salakh Elsiyev’s apprehension the applicant went to the point every day, waiting for the release of his son. In the morning of 7 September 2002 the first applicant returned to the filtration point and saw that all the military vehicles had left in an unknown direction.
(c)  Apprehension of


Prompt: 6.  By a decision of 12 March 1992 the Trakai City Council leased a plot of land 22 square metres in size, situated at no. 41 Karaimų Street in the town of Trakai, to Galina Bogdel, the wife of Piotras Bogdel and mother of


Prompt: 7.  On 10 June 1992 Mr Andrzej Kern, at that time the Deputy Speaker of the Sejm, notified the Regional Prosecutor that a certain Mr Gąsior and Mrs Izabela Malisiewicz-Gąsior had kidnapped his 17-year-old daughter, M.K. However, Mr Gąsior and Mrs


Prompt:
98.  On 27 October 1998 the applicant, visited again by a prosecutor from the Prosecutor General’s Office, made another statement. He spoke in particular about the conditions of his detention in Khmelnitskiy Prison. He mentioned that he had been infected with tuberculosis in 1997 sharing a cell with Mr Yusev, who had earlier been diagnosed with the same disease.
The applicant also mentioned that he had never met Mr


Prompt: 17.  On 4 August 2000 the applicant visited investigator O. and asked him when her son would be released. He informed her that criminal proceedings against him had been discontinued on 27 July 2000. She then asked him on what grounds


Prompt: 28.  On 23 January 2001 the applicant was arrested and placed in custody. He denied his involvement in the abduction and murder of the persons concerned. The applicant requested a confrontation with the witnesses against him, in particular Ms


Prompt:
14.  In a decision of 18 July 2003 the Audiencia Nacional authorised the the applicant’s extradition for trial by the Peruvian judicial authorities on the charge of terrorism. It stressed the content of the diplomatic note from the Peruvian Embassy, which read as follows:
“Concerning the guarantee that the accused will not be subjected to punishment causing physical harm, or to inhuman or degrading treatment, we would remind the Spanish authorities that as Peru is party to the American Convention on Human Rights, the Inter-American Convention to Prevent and Punish Torture, and the International Covenant on Civil and Political Rights, the person concerned will enjoy sufficient guarantees under a treaty based on respect for human dignity, as well as the guarantees of physical, psychological and moral integrity enshrined in the main human rights protection instruments.
... 1.  Article 140 of the Peruvian Constitution provides: “The death penalty may be applied only for the crime of treason to the country in time of war, and for acts of terrorism ... According to Legislative Decrees no. 25475 and no. 921, the acts of terrorism with which the accused,


Prompt:
38.  On 13 August 2013 the Nasimi District Court extended the applicant’s detention for a period of three months, that is to say until 4 December 2013. It appears from the decision that the applicant and his lawyer stated before the court that the applicant had not played any role in the events of Ismayilli and had not committed any criminal offence. They further submitted that the applicant had always cooperated with the investigation and that there was no risk of his absconding. The relevant part of the decision of 13 August 2013 read as follows:
“Taking into account that the pre-trial detention period of


Prompt: 31.  One of the servicemen said into his radio transmitter that there were two men in the house, an old one and a young one. In reply he was ordered to take away the young one. According to the sixth applicant, the officer was around 25–32 years old and of Slavic appearance. Then another serviceman escorted Mr


Prompt:
12.  On appeal by the applicants, the Paris Court of Appeal (Eleventh Criminal Appeal Division) upheld the judgment of 25 November 1997 by a decision of 17 June 1998.
On the question of the defamatory nature of the offending bulletin's content, it ruled as follows:
“Words may be defamatory as the result of an insinuation, a question or an assertion. In addition, words must be assessed both in terms of their intrinsic meaning and in the light of their context.
Attributing to Mr Junot responsibility for supervising the deportation of a thousand Jews and organising their despatch to Drancy was plainly an attack on his honour and dignity. The defence arguments ... tending towards proving the truth of the facts is not relevant here, quite apart from the fact that no evidence to that effect has been adduced. Moreover, comparing Mr Junot's position to that of Mr Papon, who had indeed just been committed for trial in the Bordeaux Assize Court, also necessarily had a defamatory resonance.
The same defamatory classification must also be given to the passage '[Mr Junot] ... claims to have been in the Resistance'. Coming as it does between the reference to his being sacked by General de Gaulle and the comparison to Mr Papon, this can only insinuate that Mr Junot's assertion was false.”
On the question of good faith, the judgment said:
“Calumnious imputations are deemed to be in bad faith unless it can be established that they were made in pursuit of a legitimate aim, without any personal animosity, after a serious investigation and in temperate language.
There is no doubt that providing information about the attitude of administrative officials during the period of the Occupation, particularly as regards one of the main dramas of that time, the deportation and extermination of Jews, is perfectly legitimate.
Nothing in the file reveals any particular animosity on the journalist's part towards the civil party.
On the other hand, the preliminary investigation was singularly lacking in rigour. The civil party has rightly observed that Mr Gallicher began to broadcast his remarks at 6 p.m. on 31 January, in other words when the issue of Le Point dated 1 and 2 February had just come out.
In seeking to establish their good faith the defence cite three dispatches (AFP, AP and Reuters) which mentioned the article in Le Point and the content of a television programme in which Mr Junot had taken part. But the use of agency dispatches as one's main source, especially when they are purely repetitive and reproduce an article that has already been published does not constitute evidence that an attempt has been made, if not to conduct an investigation, then at least to check the information. In addition, the wholly gratuitous assertion that Mr Junot admitted his culpability is particularly reprehensible from both the criminal and the ethical points of view.
As regards the debate about whether Mr Junot had been a member of the Resistance, the Criminal Court rightly noted that the documents produced by the defence were not sufficient evidence to the contrary, whereas his participation has been attested to by the leader of the Masséna network,


Prompt: 22.  On 24 July 1989 the applicant was released. At the time of her release she was examined by UN doctors, who took some notes, and then transferred to southern Cyprus. On 28 July 1989 she made a statement to Limassol police and was also examined by a Government doctor at Limassol Hospital. The applicant produced a medical report issued on that same day by Dr.


Prompt: 15.  On 24 October 2002, at the first hearing in the case, the applicant, who was represented by a lawyer, denied the charges against him. He maintained that he had not been involved in any illegal activity. He further stated that


Prompt:
15.  On 25 September 1991 the City Court informed the parties that the preparation of the case was sufficient for a date to be set for the opening of the oral hearing. It appears that a preliminary hearing had been fixed for the afore-mentioned date.
On behalf of the first applicant, Mr


Prompt:
32.  According to the Government, the applicant left Russia at 7.20 p.m. (Moscow time) on 24 October 2006 from Domodedovo Airport for Tashkent on board flight no. E3-265. The applicant’s representative submitted a letter dated 25 December 2006 issued by the Domodedovo Airlines Company, which read as follows:
“Domodedovo Airlines cannot confirm that Mr


Prompt: 66.  Between the end of October and 8 November 2007 the criminal case opened against Mr S.S. and Mr M.R. was examined by the Sovietskiy District Court in Makhachkala, Dagestan (see paragraph 28 above). The Government furnished the Court with part of the transcript of the court hearing, which indicates that a number of witnesses, including Ms Z.Ga., the investigator Mr A.A., Mr R.M., officer A.Ch., Mr A.O. and district police officer N. Dzh., stated that a third person had been arrested with Mr S.S. and Mr M.R. and taken away in a car. In addition, Mr S.S. and Mr M.R. had themselves confirmed to the court that they had been arrested at the flat with


Prompt: 35.  On 6 August 2007 the head of Armenian police issued a conclusion on the results of an official inquiry into Levon Gulyan’s death, finding that PDCI Officer A.M. had shown a low level of professionalism by leaving


Prompt:
41.  The CJEU also defined the meaning of the expression “where any such question is raised” contained in the third paragraph of Article 267 of the TFEU (see Cilfit, cited above, §§ 8-9). It later summarised its settled case-law on this point as follows (see Belgische Petroleum Unie VZW and Others v. Belgische Staat, C-26/11, judgment of 31 January 2013, §§ 23‑24):
“23.  ... [I]t should be borne in mind that the fact that the parties to the main action did not raise a point of European Union law before the referring court does not preclude the latter from bringing the matter before the [CJEU]. In providing that a request for a preliminary ruling may be submitted to the [CJEU] where ‘a question is raised before any court or tribunal of a member state’, the second and third paragraphs of Article 267 TFEU are not intended to restrict this procedure exclusively to cases where one or other of the parties to the main action has taken the initiative of raising a point concerning the interpretation or the validity of European Union law, but also extend to cases where a question of this kind is raised by the court or tribunal itself, which considers that a decision thereon by the [CJEU] is ‘necessary to enable it to give judgment’ ... 24.  Moreover, according to settled case-law, in proceedings under Article 267 TFEU, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court.”
The CJEU further held, in the case of


Prompt:
5.  The applicants are:
1) Mr Oleg Petrovich Orlov, who was born in 1953,
2) Mr Artem Dmitrievich Vysotskiy, who was born in 1974,
3) Mr Stanislav Valeryevich Goryachikh, who was born in 1986, and
4) Mr


Prompt: 104.  The Government submitted that on 15 December 2002 criminal investigation file no. 56192 had been opened by the Grozny District Prosecutor's Office. The murder investigation under Article 105 of the Criminal Code had been opened on the basis of a complaint by


Prompt: 18.  Apparently around this time, the applicant stated that Chief Superintendent Gerry McCann of the Royal Ulster Constabulary ("RUC") initiated a meeting with a member of the Reavey family and told him that he believed that two McClures (one of whom was


Prompt: 36.  On 18 April 2003, 4 December 2003, 2 June 2004, 6 October 2004 and 21 March 2005 the applicants’ representatives repeatedly and unsuccessfully requested information from the district prosecutor’s office. They asked to be informed when the criminal investigation into the abduction had been opened; what number the case file had been given; who had been in charge of the investigation; and whether there had been any progress. In addition, they requested to be informed whether the applicants or their relatives had been granted victim status in the proceedings, whether the authorities had forwarded information requests concerning the whereabouts of


Prompt: 52.  On 5 May 2003 the seventh applicant requested the district military commander for assistance in establishing the whereabouts of Adam Didayev. She stated that on 16 December 2001 a group of representatives of the Russian forces had broken into her house, subjected her husband and daughter to beatings, made a mess everywhere, taken the family's valuables and left with


Prompt: 14.  Subsequently, in May 2010, the applicant claimed that there were impediments to the enforcement of his deportation order. He added the following to his story. His family had previously collaborated with


Prompt: 45.  On an unspecified date Mr S.N. was questioned. He submitted that on 26 April 2003 Ibragim Tsurov, Mr D.S., Mr A.S. and himself had headed for Vladikavkaz in Ibragim Tsurov’s VAZ. While they were driving through Grozny their car was forced to stop by a white VAZ-2107 car without registration number plates. Several armed men in masks had got out of the VAZ-2107 and ordered Mr S.N. and his acquaintances to lie on the ground.


Prompt:
20.  On 6 January 2003 the Üsküdar Chief Public Prosecutor took statements from the applicant in relation to his allegations of ill-treatment. The applicant explained that on 25 May 2002 he had first been taken to the Çinili Police Station and then to the Haydarpaşa Numune Hospital. At the hospital he said that he did not have any bruises because he had not been beaten up at the police station. However, he had then been transferred to the Üsküdar Law and Order Department where he had been blindfolded, handcuffed and subjected to various forms of ill-treatment in the course of his interrogation. In particular, he claimed the following:
“...All the officers at the Law and Order Department already knew me... In the afternoon Chief Superintendent Officer


Prompt: 39.  On the same date, 30 December 2009, the investigators examined the “registration log of persons taken to the temporary detention unit of the Shatoy ROVD (путевой журнал конвоирования задержанных лиц ИВС) between 3 May 2008 and 30 December 2009”. Mr


Prompt: 70.  On the night of 3 February 2000 the applicant and her family went to the basement of the house situated at 8 Melnichnaya Street, because they had heard artillery strikes at the neighbouring village of Shaami-Yurt. They spent the day of 4 February in the basement. At about 5 p.m. on 4 February, the applicant's nephew


Prompt: 68.  On an unspecified date the investigators questioned a certain Mr M. as a witness He stated that he had known Mayrudin Khantiyev since childhood. In the summer of 2000 they had started taking drugs together. Subsequently,


Prompt:
63.  The witness, the head village guard from Boyunlu, heard over the radio that his brother and others who were chopping wood had been fired at by terrorists. They immediately informed the local gendarme station by radio. The clash was at the Pişta stream area. They arrived at the location and participated in the clash. The terrorists started to run away and entered Ormandışı. The guards positioned themselves to the south. They exchanged fire with the terrorists. The helicopter arrived and opened fire on the terrorists. When the terrorists got into a tractor to escape towards Kulp, the helicopter and the guards started to follow them. Some guards passed through the village. During the clash tracer bullets started a fire in the crops and threshing piles. The guards followed the terrorists to Altinkum village outskirts. Due to the darkness and as the terrorists had reached the Kulp side, they returned to Ormandışı where the soldiers had arrived. He learned that a woman and child had been killed. The guards and soldiers stayed in Ormandışı during the night. Nobody claimed that the guards had killed anyone. Seve Nibak was a close relative of his, like an aunt to him. The complaints had been made against the guards due to pressure from the terrorists. The terrorists wanted to undermine the village guard system.
Statement by


Prompt: 34.  On an unspecified date the investigators questioned the applicant's neighbour Mr A.T. who stated that at about 10 a.m. on 3 January 2003 he had heard screams coming from the applicant's house and the noise of a vehicle driving down the street. He had immediately gone to the applicant's house where he had been told that armed men had taken away


Prompt: 23.  On 13 January 2014 the applicants made a further urgent application to the Châlons‑en‑Champagne Administrative Court for protection of a fundamental freedom under Article L. 521-2 of the Administrative Courts Code, seeking an injunction prohibiting the hospital and the doctor concerned from withdrawing


Prompt: 35.  On 1 August 2001 the head of the Alkhan-Kala administration, Ms Malika Umazheva, wrote to the head of the UGA. She stated that on 28 and 29 April 2001 there had been a special (“sweeping-up”) operation in the village, as a result of which several houses had been blown up and a number of men had been detained and taken away. She listed the numbers of the six APCs that had participated in the operation. She further stated that two weeks after the detention the body of one of the detainees had been discovered in the river, while the others had disappeared. She asked for assistance in finding the detainees.


Prompt:
29.  On 9 October 2012 the investigating judge accepted the applicant’s request and ordered the State Attorney’s Office to question the witnesses within fourteen days. In her order, the judge noted:
“The suspect


Prompt: 7.  When the police car, apparently with its siren on, approached the lorry, the three men started running. The officers followed by car. When the street became narrower, they got out of the car and separated, with


Prompt:
13.  Mettler Toledo B.V. is a limited liability company. Its premises are located in Tiel.
Van Helden Reclame-Artikelen B.V. is a limited liability company. Its premises are located in Tiel. Its managing directors, Mr


Prompt: 66.  The district prosecutor's office requested information on Kurbika Zinabdiyeva and Aminat Dugayeva's arrest from the Shatoy District Department of the FSB, one of the military units located near Ulus-Kert, the military commander of the Shatoy District and all the prosecutors' offices of the various districts and towns of the Chechen Republic. It was established that


Prompt:
16.  On 16 July 2003 Human Rights Watch released a paper entitled “Russia: Abuses Spread Beyond Chechnya. Neighboring Ingushetia Now Affected”, which described the Zabiyevs' case as follows:
“On June 10, three Ingush civilians – sixty-five-year-old


Prompt: 62.  R.C., a journalist, stated that between about 3 p.m. and 4.p.m. he had seen Tofiq Yaqublu in Ismayilli. A little while later, sometime between 4 p.m. and 5 p.m., he had seen the applicant and N.C. and had spoken to them for a few minutes. At around that time, plain-clothed individuals had taken


Prompt: 61.  In October 2004, at the communication stage, the Government were invited to produce a copy of the investigation file in the criminal case instituted in connection with the attack of 6 August 2000 and the killing of


Prompt: 12.  In a judgment of 21 June 1996 the Expropriations Division of the Poitiers Court of Appeal established the compensation amount at FRF 1,542,867. It held that the applicant’s request that the court dismiss the intervention by


Prompt: 14.  On 21 January 1999 the Minister rejected the objection, reiterating that the close family ties between Mrs Tuquabo-Tekle and her daughter had ceased to exist. Mrs Tuquabo-Tekle and her husband had not shown that they had made a substantial parental or financial contribution to Mehret’s upbringing. Furthermore, the couple had not sufficiently shown why, in view of Mehret’s age, she could not remain in the care of her uncle or her grandmother, if necessary supported financially by her family from the Netherlands. The Minister did not find it established that serious attempts had been made to arrange for Mehret to come to the Netherlands as soon as possible: Mrs


Prompt:
5.  The applicants are:
1)  Ms Zura Makharbiyeva, born in 1951,
2)  Mr Khamid Makharbiyev, born in 1943,
3)  Ms Olga Grigoryeva, born in 1980,
4)  Mr Movsar Makharbiyev, born in 1999, and
5)  Ms Malika Makharbiyeva, born in 2001.
The first and second applicants live in Grozny; the other applicants live in Gekhi in Urus-Martan district, Chechnya. The first and the second applicants are the parents of


Prompt: 13.  On 3 July 2009 Memorial staff member Mr G. had gone to Achkhoy-Martan together with Mr Apti Sh.’s uncle, Mr I. Sh. They had found a patient under guard in the hospital’s surgical department. Mr G. had peeped into the ward and had seen two armed guards wearing camouflage uniform and black caps bearing the letters “K.R.A.” in Cyrillic. Two more guards had been sitting on beds near the door. On a bed near the window there had been a young man who was being assisted by a nurse. He was about thirty years old, had bruises on his face, his head was bandaged, and he was covered by a sheet displaying red stains. Mr I. Sh. realised that the patient was not his nephew. A hospital nurse had allegedly told Mr G. that the patient was twenty-nine years old, that his name was


Prompt: 55.  On 25 November 2002 the republican prosecutor's office again informed the applicant's husband that the decision to suspend the investigation in the criminal case had been well-founded, because it had been impossible to establish which federal agencies had taken away his son during the special operation. The letter stated that measures were being taken to establish


Prompt: 92.  Yusuf Karakoç, a Master Sergeant in the gendarmerie serving at the intelligence unit of the Mardin provincial gendarmerie, stated that Major Aytekin Özen had ordered Yakup Aktaş to be brought to the interrogation centre after it had been established from statements made by members of the PKK and documents that had been seized that


Prompt: 15.  On 9 November 1994 the applicant lodged a complaint with the Ankara public prosecutor against the officers who had been on duty while his brother was in custody, namely police officers from the anti-terrorist branch at the Ankara Security Directorate. Inter alia, he gave the names of witnesses who had testified that


Prompt: 10.  On the night of 15 to 16 May 2003 the first applicant, Kurbika Zinabdiyeva and Aminat Dugayeva slept at home. The first applicant slept in a separate room while the two other women shared another room. At about 3 a.m. the first applicant heard the noise of a vehicle engine coming from outside.


Prompt: 137.  The Giudice per le Appellazioni Civili rejected the first applicant’s appeal. The court considered that Article 6 of the Convention had detailed provisions regarding criminal proceedings, but nothing in relation to civil proceedings. Thus, it was a matter subject solely to ordinary law. That being stated, he considered that in the instant case there had not been a breach of the right to defence or to the right to cross-examination (contraddittorio). Indeed, the first applicant had originally been represented at the opening of the hearing, thus, the prerequisites existed to hear the case and to cross-examine. It was only following the rejection of the request for an adjournment that the first applicant’s co-lawyer forfeited her mandate. Moreover, when the latter forfeited her mandate she was not forfeiting her colleague’s mandate, who therefore remained counsel to the applicant. The court further noted that there existed no law recognising a right to defer a case. The decision in relation to the existence of a legitimate impairment was subject to the judge’s discretion after hearing the relevant arguments. In the present case, the results of the investigation and rogatory enquiry with the Rimini Tribunal could not lead to the existence either of a legitimate impediment or of an ex post one.


Prompt: 13.  The applicants appealed to the Supreme Court which, in a judgment of 12 February 2015, found the applicant Ólafur Ólafsson guilty of market manipulation and the other three applicants guilty of breach of trust and market manipulation.


Prompt:
6.  By five judgments of different courts of first instance (the application no. 48249/07 concerns the non-enforcement of two judgments) of 22 January 2003, 5 October 1999, 25 June 2002, 19 December 2000 and 11 January 2000 which became final on 17 September 2003, 1 June 2001, 6 December 2004, 22 February 2001, 7 April 2004, respectively, the Republika Srpska (an Entity of Bosnia and Herzegovina) was ordered to pay, within 15 days, the following amounts in convertible marks (BAM)[1] in respect of war damage together with default interest at the statutory rate:
(i)  BAM 5,555.25 in respect of pecuniary damage and BAM 881 in respect of legal costs to Mr


Prompt: 5.  The applicants were born in 1985, 1988 and 1951, respectively, and live in Székesfehérvár. Mr Krisztián Csősz and Mr Márk Adrián Csősz are the sons of Mr Barnabás Csősz, and the heirs of the latter's late wife (their mother), Mrs


Prompt:
11.  The chief of the drug control department, M., stated:
“Rakhimberdiyev was taken to the department. While [there], he remained under guard. He stayed in the department for five hours. Pending [his placement in] the IVS (temporary detention cell), he was not allowed to go outside. During the twenty-four hour period of detention,


Prompt: 11.  Alu S. submitted that he and Musa Akhmadov had arrived in the town of Shali, where they had hired a VAZ car with a driver to take them to Makhkety. In the village of Kirov-Yurt (also known as Tezvan) the car had been stopped at the permanent checkpoint of the Russian military, which had been installed in 2000 and remained there until early 2003. The military collected documents from the persons in the car and took them inside the checkpoint. Several minutes later they returned the passports of everyone except for


Prompt: 12.  The first and second applicants are husband and wife. They were residents of Grozny, but have lived for several years at 22 Nizhnya Street, Novye Atagi, as internally displaced persons. Their son


Prompt: 92.  On 14 September 2004 Ruslan Sultanovich Aushev, former President of the Republic of Ingushetia and one of the principal negotiators during the terrorist attack in the town of Beslan on 1 September 2004, gave a witness statement to the effect that the terrorists had explained to him during the negotiations that they had been acting on the orders of


Prompt: 63.  By a mayor's order of 8 February 1983 the house was expropriated for the construction of a subway station. The order, based on section 98(1) of TUPA, provided that Ms Shoileva‑Stambolova's and Mr Shoilev's father was to be compensated with a flat and that Ms


Prompt: 15.  According to the Government the applicant was admitted to the medical infirmary of the prison at 4.15 p.m. on 12 July 2013 and a referral to the emergency department of the state hospital was made at 5 p.m. The referral note issued by the doctor indicated that the applicant had swelling in the face, a bruise on one loin, and severe swelling with limited movement in his right ankle. At an unspecified time on the same day he was provided with a pair of crutches by the prison medical infirmary. On the same day he was also admitted to hospital and returned to cell 8 in Division 6 on 14 July 2013. The case summary drawn up on 14 July – before his discharge ‑ and submitted to the Court showed that all the medical investigations had been concluded and the results received prior to his discharge from hospital. According to the case summary the ankle x‑ray revealed a fracture and there was subluxation of the right foot; there was a head injury, specifically a fracture of the orbit and of the maxillary sinus; there were no signs of injury or fluid collection in the internal organs; an ophthalmic review had been carried out and the patient had been discharged from that department as well as from the orthopaedic ward where he had undergone tests and treatment for his bone injuries. The summary also showed that the applicant had to use crutches and to avoid bearing weight for the two weeks leading up to his outpatient appointment, after which he still would not be able to bear weight fully. It ordered a change of dressing to be undertaken within three days and prescribed appropriate medicines. Records also showed that a nurse had visited Division 6 to attend to the applicant on 15 July – the note in the register reads as follows: “Nurse C. and S. came to Division 6 at about 11.35 am to visit


Prompt: 23.  The applicant lodged a cassation appeal, in which he complained, in particular, that his right to mount a defence had been breached on account of his being questioned without a lawyer on 6 June 2001. He argued that it was clear from the phrase, “These findings correspond to the declarations by the head of the farming company


Prompt:
12.  Referring to the contents of the investigation file in criminal case no. 27520028 the Government stated in their submission of 22 January 2014 that the circumstances of the incident had been as follows.
“6.  Between 5.30 p.m. and 6 p.m. on 2 September 2007 servicemen of the Ingushetia FSB found presumed members of a bandit group Mr


Prompt:
16.  On 24 December 2001 the interdistrict prosecutor’s office notified the first applicant of the suspension of the investigation. They observed, inter alia, the following:
“The investigation has established that at 10 a.m. on 25 October 2000 ... unidentified servicemen of the military arrested


Prompt:
31.  On 7 November 2004, A.T. wrote the following in his article published in the same newspaper:
“... No one mentions the fact that the intention had been to publish the treasonous document [clandestinely]. They pay scant attention to the treachery, but on the other hand they consider that in tearing up the report F.Y. had committed a brutal act ... just because they sup from the same dog-bowl as


Prompt: 63.  This decision mentions “gendarme officers serving at the intelligence and interrogation department of the Mardin provincial gendarmerie” as being accused of the offence of torture, and the date of the offence is given as 25 November 1990. It relates how


Prompt: 12.  One of the men woke up Leoma Meshayev and told him in Chechen “Leoma, wake up!” They threw him on the floor and handcuffed him. When one of the intruders pointed his automatic rifle at Meshayev’s nine-year-old son, another told him in Chechen “Don’t touch the children, they are not guilty”. Then the armed men escorted


Prompt: 128.  On the same day the military stopped and searched a student shuttle bus running between Stariye Atagi and Grozny. According to the statements of the students who were in the bus at that time, the servicemen inquired after Mr


Prompt: 33.  Only on 23 December 2005, after repeated requests made during court hearings in the criminal proceedings against the applicant, the applicant’s lawyer was handed a decision dated 8 June 2005, by which his complaint of 31 May 2005 had been dismissed. The decision was signed by Mr


Prompt: 35.  On the same day, he was transferred to the Central Hospital, where he was placed in a ward under police guard. According to the second applicant, her son was kept continuously handcuffed to his bed. She submitted to the Court his two photos taken on 25 June 2008. They showed the first applicant with his left hand handcuffed to the hospital bed. According to the letter of the First Deputy Minister of Public Health to


Prompt: 360.  A report in Hüsniye Ölmez' possession was addressed to “Mr President”. A document was found in Sabahattin Acar's possession signed by the “Union of Patriotic Intellectuals of Kurdistan”, regarding the work and activities of the PKK's congress. Four receipts from the “ERNK” to be passed on to lawyers handling PKK cases were found in the possession of


Prompt: 61.  On 14 April 2004 the interim Chechnya military commander reported that the military commanders’ offices had not been manned in Chechnya until 1 July 2003. Consequently, they had no information as to


Prompt: 58.  Mr M., who was questioned on an unspecified date, submitted that since 1963 he had been working as a medical assistant at the medical station in Akhkinchu-Barzoy. In 1994-1996 rebel fighters, in particular, one of


Prompt: 86.  Despite the Court's repeated requests, the Government did not submit a copy of the investigation file into the abduction of Yusup Satabayev. They submitted thirty-two pages of case file materials, which contained decisions on the institution, suspension and resumption of the investigation and the decision to grant the applicant victim status. The decisions reiterated that Mr G.,


Prompt: 37.  On 1 July 2003 Dr Rodriguez Robelt examined the applicant. He noted a slight inflammation of the skin where the handcuffs had been and pain in the lumbar region from L5 to S1, which increased when the applicant moved his lower limbs, and made a diagnosis. He prescribed treatment as indicated by the specialist (Dr


Prompt: 38.  As to the killing of Erdinç Arslan, the trial court noted at the outset that the security forces had received information that the deceased and Mustafa Köprü had been making explosives in their flat with a view to carrying out bomb attacks on the provincial offices of the three political parties which formed the coalition Government at the time. The trial court observed that, according to the expert report of 7 October 1999,


Prompt: 13.  Having spent about fifteen minutes in the applicant’s flat, the servicemen took her son outside. The applicant tried to follow them, but at the entrance to the building she was stopped by one of the officers, who ordered her to return home as she was violating the curfew. According to the applicant’s neighbour, Mr A.M., ten to twelve intruders walked with


Prompt:
13.  In its edition of 12 December 2005 Bild published a front-page article with the headline: “What does he really earn from the pipeline project? Schröder must reveal his Russian salary.” On page 2 of the newspaper, under the headline “Russian salary – will Schröder earn more than a million a year?” the article read as follows:
“The ex-Chancellor and Russian gas: there is growing outrage among all political parties. For Schröder is to head the supervisory board of a business seeking to build a four-billion-euro gas pipeline through the Baltic Sea from Russia to Germany. While he was Chancellor, he pushed this project through despite considerable resistance.
Lower Saxony Prime Minister


Prompt: 6.  The applicant was born in 1967 and lives in Nice, France. Before 1999 the applicant was a resident of the village of Starye Atagi in Chechnya. He also submitted the complaint on behalf of his close relatives: his mother,


Prompt: 10.  The second applicant and her relatives asked the servicemen to let them go outside. Permission was given only to the second applicant. When she went into the yard, she saw her nephew standing with his hands up against the wall. The second applicant asked the servicemen if she could give them her nephew's passport so they could give it to him. When she had brought it to them they forced her back into the house. Then the second applicant saw the servicemen put


Prompt:
47.  As regards the request made by the defence to hear lawyer G.M. (see paragraphs 38 and 40 above), the Rijeka County Court noted:
“The request made by the [Ivan Dvorski’s] defence to hear lawyer G.M. as a witness ... was dismissed as irrelevant. Namely, the documents from the case file do not reveal that there was any extraction of a confession by the police, but only [a record of] the time that lawyer [M.]R. came [to the police station], whereupon the questioning of [


Prompt: 81.  Two prisoners were treated differently from the others. One was Cavit Nacitarhan. They were taken separately to the toilet, being dragged there by their arms by two police officers. On his eighth day in custody, while the witness was washing his hands in the washroom, one of the two prisoners had been brought there. He looked exhausted and had whispered: “My name is


Prompt: 26.  On 4 September 2003 the President of the Dnipropetrovs’k Regional Court of Appeal issued a written notice to the applicant informing him that, on 28 March 1980, the Presidium of the Dnipropetrovs’k Regional Court had quashed the resolution of the Troika of the Department of the NKVD of the Ukrainian Soviet Socialist Republic in the Dnipropetrovs’k Region of 5 September 1938 in respect of Mr


Prompt:
57.  On an unspecified date in September 2005 the investigators informed the applicants that the investigation had been suspended. The relevant parts of the letter read as follows:
“... Criminal case no. 55826 into the abduction of [Mr


Prompt: 42.  On 9 March 2010 the Novi Sad Court of Appeal (Apelacioni sud) upheld the judgment of 30 March 2009. It acknowledged that the statement of R.K. made on 4 April 2008 had been the sole evidence against the first applicant and that the only corroborative evidence against the second and third applicants had been the statement of U.Đ. made at the trial on 23 January 2009 and the DNA evidence belonging to the third applicant found in a car abandoned in the vicinity of the crime scene. The court held that its admission was still lawful. It relied, in this regard, on Article 337 § 1 of the Code of Criminal Procedure as well as the fact that R.K. had made the statement in question in the presence of his counsel,


Prompt: 66.  On 5 April 2007 the investigators questioned Ms R.M., the mother of Mr V.M., who stated that in the summer of 2003 her son and Said-Emin Sambiyev had been working somewhere in Mesker-Yurt and that their commander’s name was Mr S.Kh. At some point later, residents of Ulus‑Kert had told her that her son and


the Minister of Architecture and Public Works

Prompt: 9.  On 23 February 1993 the former pre-nationalisation owners of the apartment brought proceedings against the applicant under section 7 of the Restitution Law, seeking nullification of her title and restoration of their property. The proceedings ended by a final judgment of the Supreme Court of Cassation of 5 March 2004. The courts declared the 1967 contract null and void and restored the plaintiffs’ title to the apartment on two grounds: 1) the initial decision to sell the apartment had not been affirmed by


Prompt: 40.  On the same day the Justice of the Peace found that the applicant had disobeyed the police orders to stop chanting anti-government slogans and had resisted lawful arrest. The Justice of the Peace based her findings on the witness statements of X and Y, their written reports of 31 December 2010, their written statements of the same date, the report on the administrative arrest of the same date, the notice of the public demonstration of 16 December 2010 and the reply of 22 December 2010 indicating that it had not been authorised (it appears that this reference concerned the events described in paragraph 9 above).


Prompt:
66.  Violent behaviour was reported in the first half of 2003. One official report, by Prison Guard First Class Anthony Williams, related the following events, alleged to have taken place on 13 February 2003:
“On taking over from Prison Guard Semerel, the reporting officer was told that Prisoner Mathew, who was in a wheelchair, unhandcuffed, near the inner guard post, had been brought back and had to be locked up again. Around 3.10 p.m. the reporting officer ordered Mathew to go to his cell with the help of two outdoor workers (fellow inmates). Mathew refused and informed the reporting officer that he needed to speak with the governor or a supervisor, otherwise he would not return to his cell. The reporting officer telephoned Prison Guard First Class


Prompt: 10.  According to the applicants, they were ill-treated throughout the afternoon of 3 November 2000 and the night of 3-4 November by Mr V. Ivarlac, the investigator from the Department in the Prosecutor General’s Office responsible for investigating exceptional cases, and by officers G. Stavila, V. Gusev,


Prompt: 41.  The Government submitted that in November 2004 the investigating authorities had sent a number of queries to various State bodies. On an unspecified date the Ingushetia department of the FSB stated that their office had not detained


Prompt: 8.  On 17 April 2000 at about 1 p.m. Ayub Salatkhanov, with three of his friends, were walking along Lenina Street towards the village market. At the same time a convoy of Russian military vehicles was going down the street. The convoy included armoured personnel carriers (APCs), with soldiers sitting on the hulls. One of the servicemen raised his automatic rifle, took aim and shot at the applicants’ son. According to the applicants, it must have been a rifle fitted with a silencer because the other three boys did not hear the shot and did not understand where it had been aimed, until


Prompt: 153.  On the same date Ms Madina Kh. was granted victim status in the criminal case and questioned. She was given access to copies of the investigator’s order of 12 March 2001 to carry out a forensic expert examination of


Prompt: 24.  On 7 July 2003 the military prosecutor’s office of military unit no. 20102 informed the military prosecutor’s office of the UGA that the investigation in criminal case no. 52158 had not established the involvement of Russian military servicemen in the abduction of


Prompt: 19.  The Government submitted that, according to the Prosecutor General’s Office, on 26 April 2003 the first applicant had reported to the Urus-Martan District Department of the Interior (“ROVD”) that at about 2.30 a.m. unidentified persons armed with machine guns had broken into his house and taken away his sons, Lecha and


Prompt:
41.  On 27 December 2001 the inquest took place before the Limassol District Court in the absence of the applicant. The court’s verdict of the same date stated, inter alia (translation):
 “At around 6.30 a.m. on [28 March 2001] the deceased, in an attempt to escape from the afore-mentioned apartment and in strange circumstances, jumped into the void as a result of which she was fatally injured...
My verdict is that


Prompt:
9.  The report by Dr G., drawn up on 21 October 2010, concluded:
“... Mr Mohammed Helhal has incomplete paraplegia with total effective urinary incontinence requiring self-catheterisation and round-the-clock use of a nappy. He also has major haemorrhoidal irregularities, for which he has refused any treatment.
Mr


Prompt: 21.  On 13 November 2009 the UMG lawyers took the applicant’s statement about the abduction, which was similar to the ones given by her relatives, Ms El.Yu., Ms A.A. and Mr D.A. She added that on 6 or 7 August 2009 she had gone with her relative, Mr M.A., to see the Envoy, Mr O.Kh. In their presence the latter had called the Shali ROVD and asked whether they had information about her son’s whereabouts. Towards the end of the phone conversation with the police, the Envoy said: “You do not have the right to detain him for longer than prescribed by the law, even if he is the brother of Emir [the leader of an illegal armed group]”. Subsequently, the Envoy promised to assist the applicant in the search for her son. The applicant further stated that on 16 or 17 August 2009 a group of five or six armed Chechen men in camouflage uniforms had arrived at her house in a Mercedes car with a registration number containing the digits A511. Three or four of them entered her house while two of them remained outside. They told the applicant that they were from Khankala and were working “with the Russians”. Those inside went to the hideout in the bathroom where the applicant’s son Yusup (sought as the leader of an illegal armed group) used to hide. Only the applicant, Yusup and


Prompt: 29.  On 18 March 2004 the military prosecutor’s office of military unit no. 20102 informed the applicant that “in March 1996 one of the military prosecutor’s offices in the Northern Caucasus investigated a criminal case concerning the disappearance of


Prompt: 342.  In a neighbouring house the servicemen beat up male family members and questioned them about illegal armed groups. One of them, Musa, showed his service identity card stating that he worked at the Emergencies Ministry (Emercom). The neighbours heard the servicemen saying over their portable radios: “We have found him. We are leaving.” Meanwhile, the other group of men led


Prompt: 44.  On 10 November 2002 the district prosecutor’s office requested information on Vakha Abdurzakov’s whereabouts to the FSB Department, the district military commander’s office, the temporary unit of the Ministry of the Interior and military unit no. 6779. According to the replies received,


Prompt: 101.  He said that he gathered information about HADEP and other political parties as part of his job and that gendarmerie officers working in intelligence used unmarked vehicles when necessary. Taşkın Akgün worked for the intelligence service at the regimental headquarters of the Şırnak gendarmerie. The witness did not know whether


Prompt: 23.  On 16 September 1998 the military investigation board started an investigation into Halim Bayram’s death. On 18 September 1998 the board took a statement from Hüseyin Arabacı. Mr Arabacı explained that when he heard that the applicant’s brother had shot himself, he immediately went to see what had happened and called an ambulance. He saw that there was blood on


Prompt: 39.  These parts of the application concern the applicants N. Sikharulidze, A. Aptsiauri and G. Gogia (listed in the appendix as nos. 72‑74, case no. 8); G. Markozashvili and L. Markozashvili (nos. 75 and 76, case no. 9);


Prompt: 54.  According to the applicants, on 4 October 2013 the first applicant told her representative at the Court that someone, whose identity she could not disclose out of fear for that person’s life, had informed her that Mr


Prompt: 14.  The applicants described as follows their conditions of detention at the Tiraspol Remand Centre. The cells in which they had been held had been in the basement and had not had access to natural light. In the absence of ventilation and because of overcrowding it had been difficult to breathe. Officer Condrea submits that he was detained in the same cell as that in which Mr


Prompt: 11.  The applicant’s daughter and Isa Kaplanov’s wife, who were in the other house at that moment, heard the noise, ran out to the courtyard and saw five or six servicemen there and several other soldiers inside the house with their relatives. The servicemen prevented the women from entering that house. They were hostile and aggressive. Some time later the servicemen left the house and forced


Prompt: 44.  Kheda Aydamirova, the wife of Kazbek Vakhayev, Rebart Vakhayeva, Ms Ch. and Ms G. (apparently family members of Mr Ch. and Mr G. respectively) were also granted victim status and questioned. However, they provided no particular information about the disappearance of


Prompt: 45.  The witness, who is the second applicant, stated that on 22 November 1993 police officers had come to their house at about 1 a.m. He saw Feyzi Tatlı, a distant relative, with the police officers. The police officers carried out a quick search in the house and asked for his brother Mehmet Şah. His father, Abdurrazak[11], told them that Mehmet Şah was staying at his uncle's house. Accordingly, the witness accepted to accompany the three police officers to his uncle's house. When they arrived, the witness knocked on the door.


Prompt:
17.  The applicant’s lawyer presented the panel of experts with the following questions:
“1. Based on the [existing evidence and the victim’s statements] ... was the victim capable of showing resistance to


Prompt: 39.  On 17 January 2005 Mr Yunus Askharov was granted victim status. He was questioned on 17 January and 12 June 2005. According to the Government, he had been summoned for questioning on several occasions earlier but had failed to appear. Mr


Prompt: 18.  According to the applicant, his other brothers were either dismissed from their jobs or arrested. Alipanah Aliyev, the Head of the Environment Committee of the Baku City Executive Authority, was dismissed from his job.


Prompt: 142.  Judge Kolesnikova found that Mr Shakhnovskiy had deliberately included false information into his personal tax declarations by stating that he had received payments from Status Services for some “consulting services”, although he had been aware that de facto he had received the aforesaid amounts for his work in Yukos (pages 22-23 of the judgment). In support of those findings Judge


Prompt: 36.  Following a request for information made by the Office of the Public Prosecutor of Diyarbakır on 20 January 1994 and 8 March 1994 regarding the circumstances surrounding the death of M.Ö, Colonel


Prompt: 20.  On the morning of 27 August 2001 the applicant and her husband went in person to the VOVD with a complaint about their son’s detention. It appears that on the same day Mr A. Ruslanbek and Mr A. Alvi reported


Prompt:
9.  The case mainly concerns events which took place in May 1994 at Deveboyu hamlet of Çağlayan village in the Kulp district of the Diyarbakır province in south-east Turkey. From Çağlayan village the road goes to Zeyrek, to whose gendarme station Çağlayan village and its hamlets are attached. Zeyrek is on the main road between the towns of Kulp and Lice.
The applicant alleges that on 6 May 1994 the State's security forces burned and evacuated the hamlet of Deveboyu and that on 24 May 1994 the same soldiers returned to Deveboyu detaining the applicant's brothers (Selim and


Prompt: 192.  On 31 March 2004 an officer from the Vedeno police department, after the applicants had lodged a complaint with it, reported to the deputy Vedenskiy district prosecutor the abduction of Mr Bayali Bashkuyev and Mr


Prompt:
40.  The experts inspected the file on the criminal proceedings and Joselito Renolde’s medical records. On 29 March 2001 they submitted their report, concluding as follows:
“The medical records as a whole and the interviews of those who came into contact with Mr Renolde indicate the following:
–  He had acute psychotic disorders at the time of his arrival in Bois d’Arcy, and those disorders seem to have receded fairly quickly as a result of the medication prescribed. In any event, there is little mention of these delusional factors in later observations, although a prison warder observed that Mr Renolde talked to himself at night (hallucinatory dialogue?). The SMPR team found his psychiatric condition to be compatible with detention, not requiring admission to a psychiatric institution. The letter which the prisoner sent his parents on 18 July shows that he retained a certain degree of coherence, although he may have been keeping his delirium or hallucinatory disorders to himself.
–  There is no evidence in the file indicating the presence of a depressive syndrome as such: no sign of carelessness, no expression of suicidal thoughts, no manifest sadness, apart from, of course, a legitimate gloom or sadness linked to incarceration, separation from his children, etc. ...
Having regard to the context and to the information in our possession, we consider that his committing suicide was more the consequence of a psychotic disorder than of a depressive syndrome. The act may have taken place in a hallucinatory state (it appears that he sometimes heard voices telling him to kill himself), especially if the medication had not been correctly taken, as the toxicological examinations show.
It is to be noted that the response of the ERIC team, which intervened from the outset following a suicide attempt, was to prescribe neuroleptics and not antidepressants, which confirms the psychotic nature. These disorders could perhaps have called for a discussion of the advisability of admission to a psychiatric unit if the hallucinatory, dissociative and delusional aspects had been prominent and hence incompatible with continued detention. However, seeing that the disorders rapidly improved, it may be felt that continued detention remained possible in so far as the SMPR kept the prisoner under very close observation, although supervision of his daily taking of medication would also have been helpful.
Conclusions:
(1)  Mr


Prompt: 54.  On 23 March 2004 the unit military prosecutor’s office questioned the head of the Headquarters, officer Sh. According to his account, he had prepared the daily information notes based on the information provided by local law-enforcement agencies and other power structures. He stated that there had been a record in a registration log concerning the discovery of the corpses of


Prompt:
5.  In the issue of “der Standard” of 9 October 1998 the second applicant published an article about the Austrian Freedom Party (Freiheitliche Partei Österreichs, “the FPÖ”) in its regular section “commentary”. So far as material, it read as follows:
“Sacrifice of the decent
The FPÖ is becoming ever truer to itself and many people are developing an increasingly similar image of it. For any organisation, whether a movement, party or whatever, is moulded by those at the top – how they interact with one another, which people they choose, how they cope with crises. All of this rubs off and has its effects. In the case of the FPÖ leader


Prompt: 33.  The High Court hearing took place between 1 and 23 October 2002. The High Court took oral evidence from the first applicant and from Mr R. Ugelstad, who represented Falkefjell Ltd, as President of its Governing Board. Mr


Prompt: 36.  The Conseil d’État also considered it necessary, in view of the scale and the difficulty of the scientific, ethical and deontological issues raised by the case and in accordance with Article R. 625-3 of the Administrative Courts Code, to request the National Medical Academy, the National Ethics Advisory Committee and the National Medical Council, together with Mr


Prompt: 5.  While in detention, the applicants Mr Baban, Mr Barkov and Mr Bogatyrev sought compensation for inadequate conditions of their detention and substandard medical care; the applicants Mr Davydov, Mr Pflyaum and Mr Yakovlev were involved in contract disputes; Mr Fedchenko was the respondent in a divorce claim; Mr


Prompt: 7.  The applicant is the editor-in-chief of a regional newspaper “Noviy Grazhdanskiy Mir”. On 4 January 2002 the newspaper published an editorial under the heading “Chernogorov stealthily approaches Stavropol. Thoughts about one decision of the town legislature.” (“Черногоров подбирается к Ставрополю. Размышления по поводу одного решения городской думы”). The article was signed with the pseudonym of


Prompt: 19.  The appeal court certified a question of law for the House of Lords as to whether proceedings conducted in accordance with the 1955 Act could be considered abusive. On 9 July 1997 the House of Lords granted leave to appeal. Having heard the applicant’s legal representatives, on 16 December 1997 the House of Lords unanimously dismissed the appeal. Lords


Prompt:
69.  The resulting report recounted the circumstances of the case in the following manner:
“... On 8 March 2005, during the investigation of the present criminal case, in the course of carrying out measures aimed at detaining persons suspected of having organised and carried out illegal acts in school no. 1,


Prompt: 34.  On 15 June 2011 the deputy head of the Chechnya Investigations Committee issued supervisory instructions to the investigators of Tamerlan Suleymanov’s abduction, stating amongst other things that the investigators were to identify the owners of the cars used by the abductors and take steps to find out whether any special operations had been conducted by law‑enforcement authorities targeting


Prompt: 89.  He had been systematically subjected to torture while in detention. He had been able to see through an aperture in the cell-door window that the prisoner in cell no. 8 was subjected to more intensive torture then he. He had seen him being dragged along by four police officers, two of them supporting him by the arms. On the same date he had seen a person with a bag go into cell no. 8 and had heard someone say: “He is not taking any milk. He is not drinking any milk.” On another occasion the witness had seen, again through the window in his cell door, the same prisoner being taken to the toilet. The prisoner had cried out: “My name is


Prompt: 45.  On 15 March 2004 the investigators questioned the third applicant as a witness. She submitted that on 14 January 2004 her brother had been summoned to the MVD, together with Mr Sh., in connection with the former's absence from the police school. The third applicant had learnt from Mr Sh. that when Mr Sh. and