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Dean Metcalfe | 13. The noise of the battering ram awoke and frightened the applicants. The first applicant came down the stairs and was told by the police who they were and to open the door. The first applicant complied and the sergeant entered and showed his warrant card and explained that he was looking for |
Dobšovičová | 17. The applicants are owners or co-owners of residential buildings in Bratislava and Trnava to which the rent-control scheme applies, or has applied, (further details are set out in Appendix 2). They obtained the ownership of the flats by various means, such as restitution, donation or inheritance from their relatives to whom the flats had been restored in the early 1990s. In two cases the applicants purchased further shares of ownership from the other co-owner, the Bratislava Municipality. Mr Dobšovič and Ms |
Lema Khakiyev’s | 105. On 22 November 2007 a deputy town prosecutor criticised the progress of the investigation, in particular the failure to question Mr R.Z. and to send queries to all the authorities concerned as to |
Murat Demir | 73. The statement consists of five typed pages. At the bottom of each page the name “Kasım Açık” is written by hand and is followed by an illegible signature. In this statement, Kasım Açık declares that he was born in 1979 in Çayırköy, in Ağrı and that in November 1994 he moved to Çorlu, a town close to Edirne. He found a job in a flour factory in Çorlu and met Murat İpek, |
Ramazan Umarov | 82. On 7 February 2008 the second applicant complained to the Head of the Investigations Department of the Dagestan Prosecutor’s office that investigation into her brother’s disappearance was ineffective. She stated that her brother had been abducted by police officers and that the investigation had failed to take adequate steps to identify the perpetrators. She pointed out that she and her father had provided the authorities with the phone numbers of the people who had contacted them in May 2007 concerning the whereabouts of |
D. Jadek Pensa | 27. On 13 February 2014 the Constitutional Court dismissed the applicant’s complaint, holding that his constitutional rights had not been violated. The Constitutional Court’s decision was adopted by seven votes to two. Judge J. Sovdat and Judge |
Yakhita Inderbiyeva | 7. At some point in 1999 due to heavy hostilities between Russian forces and Chechen fighters the applicant moved to a refugee camp in Ingushetia. Two of her sisters, Shema Inderbiyeva and Shamani Inderbiyeva, and her mother |
Şevki Artar | 62. The Public Prosecutor, Şevki Artar, informed the Institute of Forensic Medicine that on 25 November 1990 an autopsy had been performed on the body of Yakup Aktaş, who had died that same day at the Mardin State Hospital after having been taken suddenly ill at the Mardin provincial gendarmerie headquarters, where he was detained. Given that it had not proved possible to determine the exact cause of death it had been decided that tissue samples from the body should be sent to the Institute of Forensic Medicine and that the Institute's opinion be sought as to the exact cause of death.
(g) Decision issued by the Mardin Public Prosecutor, |
Bevia Andreyevna Fedorova | 14. In 2001 the applicants' minor son was invited to attend an interview for a place at the Omsk State Agrarian University. The applicants submitted that he did not attend the interview since neither of them was allowed to accompany him in the journey to Omsk. On an unspecified date the acting prosecutor of the Kargasok District provided the second applicant with the following letter:
“[The letter] is given to Ms |
Andarbek Abubakarov | 183. Between 2 and 3 p.m. on 24 April 2001 a large group of armed men in camouflage uniforms arrived at the camp in four APCs, several UAZ vehicles. They broke in and abducted Mr Arbi Umarov, Mr Aslanbek Umarov, Mr |
Ali Musayev | 11. During this operation an armed man, who was being pursued by soldiers, entered the applicants' house and hid in one of the rooms. According to the Government, the man was A., a member of an illegal armed group. The servicemen strafed the house, using machine-guns and grenade-launchers. Two daughters and a grandson of the first two applicants, the second applicant, the third applicant, |
Ahmet Dizman | 8. The witnesses then heard six gunshots and immediately afterwards saw two men with pistols in their hands running away from the café. The applicant’s husband Sefer Cerf and his friend R.Ç. were shot and Sefer Cerf died at the scene. R.Ç. was injured and died while being taken to a hospital by a friend, Mr |
Khuseyn Elmarzayev | 12. At about 2 a.m. on 30 November 2003 unidentified armed persons in camouflage uniforms armed with machine guns and travelling in APCs entered the house at 11 Groznenskiy Lane, Argun, and kidnapped Mr |
Sikharulidze | 5. The applicants, listed in the appendix, were all professors who at the material time were working at Tbilisi State University (“the University”). They opposed reforms initiated by the new University administration as a part of the nation-wide higher education reform in 2004-2005 and had initiated several court proceedings against the University in that regard. As part of their activities, they also held numerous public meetings at the University, made public statements and wrote to various public officials, denouncing what they called the “destruction” of the University. The applicants, with the exception of Mr Tuskia, Ms |
Katya Kasabova | 17. In an addendum appearing just below the box the applicant wrote:
“Dear ladies and gentlemen educationalists, Please accept my apologies if I have offended you by imputing to you acts that you did not perpetrate. I sincerely wish you success in the difficult struggle to protect your rights as civil servants and citizens by all lawful means. I trust that this struggle will include efforts allowing truth and justice to prevail.
Yours, |
Mehmet Safi Aranacak | 79. This protocol stated that an investigation had been carried out into the complaints of the applicant and Mehmet Safi Aranacak that their houses and gardens had been burned in Ormandışı. No complaint had been made to the local gendarme station about this. |
Suren Muradyan | 23. On the same date two other servicemen of the military unit, K.E. and G.M., were questioned. Serviceman K.E. stated that he had been present during the table tennis match in question, while serviceman G.M. stated that he was the person who had lent the watch to |
Commissioner of Public Interest | 13. On 16 September 1999 the court sent the applicant the operative part of its judgment of 15 September 1999, by which it had found that the applicant had submitted an untrue lustration declaration because she had been an intentional, secret collaborator of the communist secret services after 1953. It further informed the applicant that the written grounds of the judgment had been prepared under Article 100 § 5 of the Code of Criminal Procedure and that she could consult them in the office of its secret registry (kancelaria tajna). As she had not appointed legal representation, the full written grounds could only be read by herself, to the exclusion of all other persons, except the |
Shaaman Vapagov | 106. On 26 February 2001 S.U., an Ilyinskoye resident stated that at 10.30 a.m. on 23 February 2000 he had been grazing cattle when he had seen a Ural lorry without registration plates parking at the military checkpoint. Servicemen got out of the vehicle and two armed men in camouflage uniforms approached him saying that they would take some cattle from him. At around 12 noon he saw |
Aslan Bachakov | 121. In November 2010 the investigators questioned several witnesses to the events, who mainly confirmed the account of the events submitted by the applicants, and examined the crime scene. No evidence from Mr |
Gorea Grigore | 28. In December 2006 the applicant asked the trial court to annul the Prosecutor General's decision of 29 December 2004 to re-open the criminal investigation into his case and to discontinue the investigation. He argued that the re-opening had violated both his right not to be prosecuted twice for the same act and the principle of legal certainty, contrary to Articles 22 and 287 of the Code of Criminal Procedure and Article 5 § 1 of the Convention.
In its judgment of 13 December 2006 the Buiucani District Court cited Articles 22 and 287 of the Code of Criminal Procedure (“the CCP”) and found that:
“...
Having examined all the evidence during the hearing, the court considers it necessary to discontinue the case due to the existence of circumstances which prevent the initiation of proceedings and the pursuance of criminal charges, namely the prohibition on repeated charges being brought against the same person for the same offence.
During the court hearing, it was established that the criminal proceedings in the case of |
Special Constable G.S. | 60. In his decision he stated that it appeared from the evidence that Special Constable G.S. had asked the applicant, who at the time had been at the ATM machine, for his particulars. The applicant had reacted and had hit the police officer in an attempt to flee. The applicant had explained his behaviour by stating that he had thought it had been a robbery. |
Valid Gerasiyev | 8. In the autumn of 1999 the applicants and Valid Gerasiyev resided in their privately owned house in the village of Gekhi. After the launch of the counter-terrorist operation in Chechnya, the first applicant and some of his relatives moved to Ingushetiya. |
Jean-François Gelfmann ' | 22. The Principal Public Prosecutor's Office appealed against that judgment, which the National Parole Court quashed on 18 July 2003 for the following reasons:
“... a medical report dated 28 May 2003 shows that the treatment for the diseases from which Mr Gelfmann is suffering is onerous and can only be administered '– with difficulty because the prisoner is uncooperative – in custody or in a relatively restrictive structure'. The practitioner adds: 'This is the crux of the matter' and that detention remains 'compatible with his condition'. Another medical expert, in a report lodged on 2 December 2002, states that the treatment which Mr Gelfmann must take is 'simple and can be administered in a prison environment'.
Lastly, the impugned decision notes that a psychiatric expert has stated that |
Dmitrachkov | 25. By a judgment of 23 October 2001 the court rejected his complaint. In particular, it stated that:
“... The plaintiff's submissions proved unconfirmed during the court hearing. According to the statements of the police officers V. and Z. obtained in course of the prosecutor's inquiry into the alleged ill-treatment, |
Oleg (Ali) Dzh. | 78. On 4 September 2006 the town prosecutor’s office carried out a confrontation between Magomed M., inspector on duty of the Ministry of the Interior, and Oleg Dzh., officer on duty of the UFSB on the night of 4 to 5 December. Magomed M. confirmed his statement of January 2005 (see paragraph 65 above) that he had talked to |
Ali Vadilov | 37. On 17 June 2003 the military prosecutor of military unit no. 20102 informed the third applicant in application no. 6382/09 that there was no evidence of the involvement of military servicemen in the abduction of |
Salambek Suleymanov | 44. The first and second applicants are the parents of Mr Salambek Suleymanov, who was born in 1974, Mr Khasanbek Suleymanov, who was born in 1979, and Mr Anderbek (also spelt as Andarbek) Suleymanov, who was born in 1981. The third applicant is the wife of Mr |
Ruslanbek Alikhadzhiyev’s | 55. Between 12 September and 27 November 2005 the investigators requested a number of State authorities, including the FSB, the Ministry of the Interior, the United Group Alignment (“the UGA”) and prosecutor’s offices of various districts in the Chechen Republic to provide information on |
Sánchez Ramirez | 79. On 21 December 2005 the Court of Appeal dismissed the appeals and the cross-appeal ([2005] EWCA Civ 1609). Having reviewed the Court’s case-law on jurisdiction under Article 1 of the Convention, Brooke LJ, who gave the leading judgment, held that a State could exercise extraterritorial jurisdiction when it applied control and authority over a complainant (which he termed “State agent authority”, abbreviated to “SAA”) and when it held effective control of an area outside its borders (“effective control of an area” or “ECA”), observing as follows:
“80. I would therefore be more cautious than the Divisional Court in my approach to the Banković [and Others] judgment. It seems to me that it left open both the ECA and SAA approaches to extraterritorial jurisdiction, while at the same time emphasising (in paragraph 60) that because an SAA approach might constitute a violation of another State’s sovereignty (for example, when someone is kidnapped by the agents of a State on the territory of another State without that State’s invitation or consent), this route to any recognition that extraterritorial jurisdiction has been exercised within the meaning of an international treaty should be approached with caution.”
He considered, inter alia, the cases of Öcalan v. Turkey ([GC], no. 46221/99, ECHR 2005-IV); Freda v. Italy ((dec.), no. 8916/80, Commission decision of 7 October 1980, Decisions and Reports (DR) 21, p. 250); and |
Saidkhasan Dangayev’s | 58. The Government referred to a letter from the Staropromyslovskiy ROVD and submitted that the investigators had not found any witnesses able to confirm that the killers had arrived at the house by car or in armoured vehicles. According to the letter, on an unspecified date after |
Kh. Kerimov | 90. By a decision of 8 May 2001 the Urus-Martan VOVD ordered the transfer of case no. 25268 to a military prosecutor’s office for further investigation. The decision reiterated that on 2 October 1999, during a bomb attack by the federal air forces, two houses belonging to Mr |
Abdülhakim Güven | 49. On 20 November 1993 at 7.20 a.m., the applicant was taken into custody by gendarmes from his home, after it was searched. Nothing was seized. He believed that his arrest was based on the abstract declarations of a PKK confessor, |
Donald Rumsfeld | 12. As mentioned in the above letter, the occupying States, acting through the Commander of Coalition Forces, created the Coalition Provisional Authority (CPA) to act as a “caretaker administration” until an Iraqi government could be established. It had power, inter alia, to issue legislation. On 13 May 2003 the US Secretary of Defence, |
Shelestovskaya | 9. On various dates the Presidiums of higher courts decided, upon the defendant authorities’ requests for supervisory review, to quash the judgments in the applicants’ favour considering that the lower courts misapplied the material law (see details in the appended table). With the exception of two cases (Kulkov and |
Ferhan Arasan | 11. At the first hearing, the court requested the following: (i) oral statements of the police officers who had interrogated one of the accused, (ii) a forensic examination of one of the accused, Mr |
Ramazan Ayçiçek | 120. Entry No. 43 refers to Ramazan Ayçiçek as having been detained on charges noted above. The fourth column notes that his detention was ordered by District Gendarme Command and the fifth column notes his detention on 7 June 1994 at 16.00. The entry spills over to a second line, noting that he departed from Lice District Gendarme Command on 10 June 1994 at 14.00 as he had been referred to a public prosecutor.
(c) The investigation file concerning |
Gotse Delchev | 13. In a letter dated 20 April and received by Ilinden on 24 April 2004 the Mayor of Blagoevgrad informed it that “[e]very citizen of the Republic of Bulgaria [had] the right to pay his respect to the memory of the national heroes and lay flowers at their monuments”. However, in the way it had been planned, the rally was in fact a procession. To proclaim |
Şiyar Perinçek | 39. The defendant police officer, D.Ö., submitted his final written defence arguments to the trial court and maintained that the lack of burn marks around the bullet entry hole showed that he had not shot |
Osama bin Laden | 36. At a hearing of 3 March 2015 the State Court presented to the applicant open evidence submitted by the National Security Agency. The same information had already been submitted to the applicant’s representative on 6 February 2015 by the National Security Agency. The information essentially described the applicant’s role as that of the self-proclaimed leader of the mujahidin community in Donja Bočinja and referred to his conviction for unlawful deprivation of liberty in 2000 (see paragraph 11 above). It furthermore stated that until being placed in detention, the applicant had consistently advocated the Saudi-inspired Wahhabi/Salafi version of Islam and had publicly expressed his support for |
Ruslan Baskhanov | 27. On 22 January 2004 the applicant’s relative and the aunt of Mr Ruslan Baskhanov, Ms A.M., wrote to the Chechnya prosecutor’s office, stating that on an unspecified date between 6 and 21 January 2004 she had been invited by the head of the Achkhoy-Martan District Department of the Interior (ROVD) to a meeting with law-enforcement and military officers at the police station. During the meeting, she had pointed out to those present that the military commander had acknowledged that Mr |
Asradiy Estamirov | 12. On an unspecified date a doctor of the Argun town hospital issued an information statement concerning the cause of Asradiy Estamirov’s death. According to the document, “...the corpse arrived at the trauma ward of the Argun town hospital at 5.20 p.m. on 5 January 2001; [ |
Sayd-Salekh Ibragimov | 42. Mr Delimkhanov was questioned as a witness on 23 June 2010. He confirmed that after the operation of 21 October 2009 he had orally instructed his subordinates to bring Sayd-Salekh Ibragimov, his uncle and cousin to the regiment’s headquarters. During a conversation |
Murad Gelayev | 17. According to another resident of Gikalo, Mr V.Ts., at about 7.20 a.m. on 27 February 2000 he arrived at his brother's house. There he saw a military vehicle with about fifteen armed servicemen in camouflage uniforms on it; some of them were wearing masks. The servicemen had specially trained German shepherd dogs with them. The majority of these men were of Slavic appearance, but two of them looked Asian. The servicemen checked the passports; after that one of them spoke with someone via a portable radio set. After that the witness and his brother were taken by the military vehicle to the village centre. There they were transferred to an Avtozak vehicle in which the witness found a number of his fellow villagers, including |
Musa Ilyasov | 56. On 5 September 2002 the investigation questioned the first applicant as a witness. She stated that at about 4 a.m. on 11 August 2002 unidentified armed men in camouflage uniforms and masks had burst into the courtyard of the family home. |
Neđo Ajdarić | 19. The first-instance judgment was upheld by the Supreme Court on 14 March. The relevant part of the judgment reads:
“The accused M.G. and Neđo Ajdarić in their respective appeals unsuccessfully try to challenge the evidence given by witness S.Š. However, contrary to their assertions, the first-instance court gave valid reasons for accepting the statement given by that witness and these reasons have not been called into question by the allegations in the appeals.
It is firstly to be stated that the statement of witness S.Š. is not in contradiction with other evidence as the appellants wrongly claim. Witnesses J.M. and N.P., who gave more details about the circumstances in their room in Zagreb Prison Hospital than witness T.M., said that the accused M.G. and |
Apti Dalakov | 26. On 2 November 2007 the investigating department terminated the proceedings in case no. 27520028. The decision referred to statements by FSB officers V.L., I.K. and P.Ch. They submitted, among other things, that on 2 September 2007 they had gone to Karabulak to arrest members of an illegal armed group, Mr |
Abdulkadir Aygan's | 21. After the Court had declared the application admissible, it requested the Government to provide a copy of the full investigation file concerning Atilla Osmanoğlu's disappearance, together with information as to whether any investigation had been opened into |
Güngör S.E. | 34. In a second statement taken by the police from Özlem B. on 26 February 1994, Özlem B. declared that Yusuf Ekinci's law practice mostly dealt with compensation cases and that Nadire İ. was a client. She further declared that on 25 February 1994 |
Demetriades | 30. On 20 July 2004 the Supreme Court dismissed the appeal. It stated, inter alia:
“The appellant is essentially raising one issue. And his learned counsel has acknowledged that judgment as to this [issue] will determine the conclusion ... We summarise the appellant’s positions as set out in the grounds of appeal as explained.
He does not invoke the Regulations as an autonomous ground for his release, especially since ... they are not applicable any more. Furthermore, he does not suggest or attempt a review of the Assize Court’s judgment, as was wrongly perceived at first instance. We are not going against, as he explained, the Assize Court’s judgment but the Republic as a whole. The Regulations were then applicable at that time and since the Assize Court had not annulled them for being unconstitutional, we must conclude that it considered them valid. And since the law does not provide a definition of the term ‘life imprisonment’, it was an element of the regulation of the sentence provided. As Mr |
Mihailo Popović | 5. The applicants - Mr Blagota Barać, Mr Milan Terzić, Mr Zoran Stanišić, Mr Stanko Burić, Ms Stanica Marković, Mr Radovan Kadović, Mr Ranko Tomašević, Mr Novo Stanišić, Mr Branko Radulović, Mr Novak Nikolić, Mr |
Ayub Takhayev | 8. On the night of 13 November 2002 the first, second, third and fourth applicants, Ayub Takhayev and his grandfather slept in their family home at 42 Shkolnaya Street, Mesker-Yurt. The house had a common courtyard with three other houses inhabited by the applicants’ relatives. The fifth applicant slept in one of those houses.
(a) Abduction of |
Murad Khachukayev’s | 37. By a letter of 16 December 2003 the Chechnya prosecutor’s office informed the applicant that on 9 December 2003 the investigation into his son’s abduction had been resumed and that “the investigative actions aiming at establishing |
Wainwrights | 23. On 16 October 2003 the House of Lords upheld the judgment of the Court of Appeal and dismissed the applicants’ appeal. Holding that the Human Rights Act 1998 was not applicable as the events took place before its entry into force on 2 October 2000, the House of Lords nevertheless went on to consider whether, if the Act had been in force, breaches of the Convention could be made out. Lord Hoffmann, delivering the leading judgment, found that there was no infringement of Article 3 as the conduct had not been sufficiently humiliating to constitute degrading treatment.
“50. In the present case, the judge found that the prison officers acted in good faith and that there had been no more than ‘sloppiness’ in the failures to comply with the rules. The prison officers did not wish to humiliate the claimants; the evidence of Mrs Wainwright was that they carried out the search in a matter-of-fact way and were speaking to each other about unrelated matters. The |
Velija Ramkovski’s | 31. The last part of the article was entitled “Ramkovski refuses settlement, the Government changes the law” (“Рамковски одбива спогодба, Владата го менува законот”). The article went on to say:
“After the Court asked the questions, the State offered a settlement, |
Leonid Ghimp | 11. After being released at approximately 11 a.m. the next day, Leonid Ghimp went home. According to his wife and a person who had seen him walking home, he was pale and walking very slowly. He told his wife that he had stomach ache and spent all day in bed. Only later during the evening, after the pain had intensified, did he tell his wife about the beating at the police station. He told her that the pain had started after a blow to his stomach which had caused him to feel a sharp pain and lose his breath. Later during the night |
Usman Mavluyev's | 21. The Government in their observations did not challenge most of the facts as presented by the applicant. They stated that on 8 January 2000 Usman Mavluyev had been apprehended by “unidentified persons” at the checkpoint in Chernorechye and taken away to an unknown destination. The Government disputed the involvement of State agents in |
Inspectorate | 16. On 1 December 2008 the applicant lodged a request for judicial review in which he alleged that the facts had been wrongly established and that his rights enshrined in Article 29 of the Slovenian Constitution had been violated. He disputed the allegation that the bar had been open at the time in question and emphasised, among other things, that the police had not approached him on the day the offence was allegedly committed, and that he and the witnesses had not subsequently been heard by the |
Aslan Maskhadov | 179. On 10 February 2012 the investigators questioned the second applicant. She stated, in particular, that after the first Chechen war, from 1997 until 1999, her sister, Ms Tumisha Sadykova, had worked at the Ministry of Sharia National Security (Министерство Шариатской Государственной безопасности) during the period when |
the Agent of the Moldovan Government | 56. On Monday 14 November 2005 the applicant's lawyer informed the President of the Supreme Council of the Judiciary (Consiliul Superior al Magistraturii) of the failure of Judge L.V., President of the Centru District Court, to examine his request of 11 November 2005, and asked for urgent action in order to ensure compliance with the Court's directions for interim measures. On the same day the lawyer submitted a similar request to |
Nurettin Bülbül | 22. On 13 October 1999 Adana Magistrates' Court questioned the police officers. Officers Mustan and Topaç stated that on their arrival on the third floor landing gunfire had been coming from inside Mr Erdinç's flat. The Magistrates' Court rejected the prosecutor's request to order the pre-trial detention of six of the police officers, namely |
Minister of Justice | 27. The relevant provisions of the Code of Civil Procedure (Zivilprozeßordnung) read as follows:
Article 116
“In the case of persons on whom process can only be served by publication because their address is unknown, the court shall appoint a representative (Article 9), on application or of its own motion, if the persons concerned would have to perform a step in the proceedings as a result of being served with the documents, and in particular if the documents to be served contain a summons.”
Article 121
“1. In the case of service on persons outside the country who do not fall into the categories of recipients referred to in section 11(2) and (3) of the Service Act, the Federal |
M. Berishvili | 12. On 8 September 2000 a peaceful meeting of some 700 Jehovah’s Witnesses was taking place at the property of K. and E. Pirtskheliani (applicants nos. 40 and 41), when it was suddenly disrupted by the police. According to the applicants, the police opened fire inside their property. Masked police officers entered the house, turned it upside down and removed various items. Around fifty Jehovah’s Witnesses who were present were beaten, including applicants D. Gulua, |
the Minister of the Interior | 121. On 30 April 2009 the military section of the prosecutor’s office at the High Court of Cassation and Justice stated that it did not have jurisdiction to examine this branch of the case, mainly because members of the police force – including |
Sirazhudin Shafiyev | 28. On 14 September 2009 the investigators again questioned Mr Ta.Sh., who reiterated his previously given statements of 9 and 12 September 2009. He added that Sirazhudin Shafiyev had promised to assist several people in obtaining visas for Hajj in Saudi Arabia, and that on 7 September 2009 Sirazhudin had gone to Imam Rasul in Izberbash and had given him the documents and the money for the processing of the documents for Hajj. On 9 September 2009 officers from the 6th Department had questioned the imam (see paragraph 25 above) about the documents, as one set of them belonged to a man suspected of terrorism. Mr Ta.Sh. further asserted that his brother |
Khamzat Chapsurkayev | 42. Around 5 a.m. on 17 July 2002 several armed service personnel in camouflage uniforms and balaclavas broke into the applicants’ house in Shali. Another group of service personnel also broke into the house of Mr |
Khozh‑Akhmed Akhmadov | 12. According to the applicant, they told her that the persons who had killed her son had been identified; and that the perpetrators of the killing had spoken to the heads of the battalion and returned the service guns and the service identity card which they had taken away during the incident. The perpetrators had explained that they were from the local ‘Oil battalion’ (нефте-полк), under the command of Mr A.M., and that they had killed |
Hasan Çakır | 235. Indeed it was “impossible” for a military unit to detain persons at the school. When he was informed that his predecessor in Lice Central Gendarme Station (Hasan Çakır) had said that it was possible, the witness responded that there was no point in taking detainees to the school and he had no idea what |
Makarchykov | 33. On 8 January 2000, 21 members of the original Parishioners' Assembly composed of 27 members held a meeting to discuss the events of 1-3 January 2000. They elected a Parishioners' Council with the following composition: Mr |
N. Gabrichidze | 161. The Court questioned Mr L. Darbaydze and Ms A. Nadareishvili, trainee prosecutors at the Procurator-General's Office at the relevant time, Mr P. Mskhiladze, director of international relations at the Procurator-General's Office, and Mr |
Dejan Petrović | 20. According to a separate report on the questioning of the three police officers drawn up by D.Z. from the DIOA, they had provided concurring statements to the same effect as those detailed in the incident report (see paragraph 11 above). The police officers also stated that Mr |
Sharpuddin Israilov | 13. At about 5.30 p.m., when the VAZ-2103 car was within about 1000 metres of check-point no. 18, a group of armed men forced it to stop. The armed men hit the car with a burst of machine gun fire and wounded |
Aslanbek Alaudinov | 12. The serviceman took Bekkhan and Aslanbek Alaudinov to their uncle’s house, which was situated nearby. When the Alaudinov brothers walked into the yard they saw a large group of servicemen. One of the officers pointed at |
Ali Musayev's | 28. On 7 September 2001 the Urus-Martan Town Court certified the death of Ali Musayev, upon the first applicant's request. The court heard evidence from two witnesses, who confirmed the first applicant's submissions about the detention of her son on 8 August 2000, the discovery of his body and his burial on 13 September 2000 at the Gekhi village cemetery. The court certified that |
Yeraly Israilov | 32. On 21 March 2009 an investigator from the Gudermes department drew up an “overview report” of the investigation. He concluded that the statements of the servicemen of the Gudermes ROVD to the effect that |
Murat Ekinci | 83. On 29 September 1999 the applicants Mustafa Selçuk, Cem Şahin, Barış Gönülşen, Erdal Gökoğlu and Sadık Türk – who had meanwhile been transferred to Burdur Prison – joined the complainants. They complained about the members of the security forces and the prison authorities, who they submitted had been responsible for the tragic events of 26 September. Those complaints were also added to the aforementioned file no. 1999/101539.
The applicant |
Ebubekir Deniz | 99. On that date he saw both Serdar Tanış and Ebubekir Deniz in the waiting-room on the second floor of the gendarmerie station. They had come to see Süleyman Can about Ebubekir Deniz being disqualified from driving. The witness did not summon them to the building. As the commanding officer was not there, they left the waiting-room, |
Markha Gakayeva | 70. According to the applicants, on 3 June 2000 Markha Gakayeva and Raisa Gakayeva, along with their cousin Nura Luluyeva, went to the market place at Mozdokskaya Street in the northern part of Grozny. |
Magomed-Salekh Ilyasov | 31. On 5 March 2003 the Chechen department of the Federal Security Service (the Chechen department of the FSB) informed the applicant that they had no information concerning the whereabouts of her sons. The letter stated that |
A.R. “Vanagas | 37. On the facts of the case the trial court also rejected the applicant’s arguments that he could not be held liable for the fate of A.R. “Vanagas” and B.M. “Vanda” since he had not personally arrested them, nor had he been involved in the sentencing of |
the Minister of the Interior | 33. The Tbilisi Regional Court delivered its judgment on the same day, allowing the respondent Ministry's appeal in full. The court acknowledged the fact that the first applicant had used the cottage and the adjacent premises between January 1994 and 1 November 2004. Referring to the order of 29 October 1993 of |
Musa Gaytayev’s | 46. On 15 February 2005 the SRJI complained on behalf of the first applicant to the Urus-Martan Town Court (“the town court”) of the investigators’ failure to carry out an effective investigation into |
Michaelidou | 17. The verbatim record of the proceedings reports the following exchange (translation):
“Court: We consider that your cross-examination goes into detail beyond the extent to which it should go at this stage of the main trial regarding questions...
Applicant: I will stop my cross-examination...
Court: Mr Kyprianou...
Applicant: Since the Court considers that I am not doing my job properly in defending this man, I ask for your leave to withdraw from this case.
Court: Whether an advocate is to be granted leave to withdraw or not is a matter within the discretionary power of the court and, in the light of what we have heard, no such leave is granted. We rely on Kafkaros and Others v. the Republic and we do not grant leave.
Applicant: Since you are preventing me from continuing my cross-examination on significant points of the case, then my role here does not serve any purpose.
Court: We consider your persistence...
Applicant: And I am sorry that when I was cross-examining the members of the Court were talking to each other, passing ravasakia among themselves, which is not compatible with allowing me to continue the cross-examination with the required vigour, if it is under the secret scrutiny of the Court.
Court: We consider that what has just been said by Mr Kyprianou, and in particular the manner in which he addresses the Court, constitutes a contempt of court and Mr Kyprianou has two choices: either to maintain what he said and to give reasons why no sentence should be imposed on him, or to decide whether he should retract. We give him this opportunity exceptionally. Section 44(1)(a) of the Courts of Justice Law applies to its full extent.
Applicant: You can try me.
Court: Would you like to say anything?
Applicant: I saw with my own eyes the small pieces of paper going from one judge to another when I was cross-examining, in a way that is not very flattering to the defence. How can I find the stamina to defend a man who is accused of murder?
Court (Mr Photiou): It so happens that the piece of paper to which Mr Kyprianou refers is still in the hands of brother Judge Mr Economou and Mr Kyprianou may inspect it.
Court (Mrs |
Lema Khakiyev’s | 45. On 8 October 2002 the investigators questioned the head of the Oktyabrskiy district administration, Mr E.B., who stated that he did not have any personal animosity towards Lema Khakiyev, that the complaint of 20 June 2002 had been written as a routine working document and that he had no information as to the identities of |
[Muma Babuyev | 34. On the same date the Grozny city prosecutor’s office initiated a criminal investigation into the events, under Article 126 § 1 of the Criminal Code (kidnapping). The case file was given the number 52112. The relevant parts of the decision read as follows:
“...On 30 August 2002 |
the Minister of Justice | 52. In February and March 2017, the two other candidates, E.J. and J.H., who were among the fifteen candidates that the Committee considered most qualified, but had been removed from the final list of nominees proposed to Parliament by the Minister of Justice, brought judicial proceedings in the District Court of Reykjavík against the Icelandic State. E.J. requested a declaratory judgment to the effect that the State was obliged to pay him pecuniary damage for not being appointed one of the judges to the Court of Appeal due to an unlawful decision by |
Artur Bersunkayev | 8. At the material time the applicant worked in the administration of the Urus-Martan District (администрация Урус-Мартановского района, “the Urus-Martan administration”) and lived in an apartment in a block of flats in Urus-Martan. She had a son, Mr |
Shchiborshch | 104. In response to questions from the applicants and Zh., D-n. of the special police unit stated, in particular, that he had been equipped with a bullet-proof vest, a helmet that he had not had time to put on, and a handgun. The special police unit did not have rubber truncheons. He further submitted that there had been no order to storm the flat as such, but their superior had instructed them to apprehend Mr |
Artur Bersunkayev | 22. The applicant then applied to the deputy head of the Urus-Martan administration. The latter telephoned the temporary office of the interior of the Urus-Martan District (временный отдел внутренних дел Урус-Мартановского района, “the Urus-Martan VOVD”) and enquired about the applicant’s son. The Urus-Martan VOVD confirmed that, during the night on 13 June 2001, twelve persons, including |
Sedreddin Getiren | 4. The applicant, Mr Neytullah Getiren, was a Turkish national who was born in 1959 and had been living in Bursa. By a letter dated 20 December 2004, the applicant’s representative informed the Court that the applicant had died on 23 January 2003 and that his brother, |
Mamed Bagalayev | 66. On the same date the applicant’s lawyer complained to the military prosecutor of the United Group Alignment (“the UGA”) and the district prosecutor that the investigation of the criminal case was ineffective. In particular, he pointed out the following:
“... The investigation is being conducted in a slipshod manner. It is obvious that the death of |
Hope of Craighead | 68. While the objective of enabling people of modest means to protect their reputations and privacy from powerful publishers was a good one, Lord Hoffman considered that it might be that a legislative solution would be needed for the scheme to comply with Article 10 of the Convention.
(b) Lord |
Salambek Movsayev | 45. On 27 March 2006 the first applicant was granted victim status in the criminal case and questioned. The applicant described the circumstances of the abduction. In particular, she stated that her husband |
de la Verpillière | 14. On 29 September 1997, acting upon an application from the Secretary of State for Industry, the Public Works Division of the Conseil d'Etat, under the presidency of Mr Le Vert, the reporting judge being Mr |
Yakup Aktaş | 96. Üzeyir Nazlım stated that he was a Master Sergeant in the gendarmerie serving at the intelligence unit of the Mardin provincial gendarmerie. He had checked on Yakup Aktaş in cell no. 18 while on guard duty on 21 and 24 November 1990. |
I. Makhashev | 94. According to the Government, on 13 April 2006 “in connection with the infliction of bodily injuries to the Makhashev brothers by unidentified persons ...” the investigators decided to separate a part of the material collected within the framework of criminal case no. 21/233-04 and open a new criminal case file which was given the number 21/103-06. The relevant decision stated that Mr M. Sh. and unidentified persons had severely beaten up the first applicant:
“ ... the investigation established that at about 7.45 p.m. on 14 November 2004 Mr M.Sh. in the [concert] hall ‘Olimp’ had beaten [the first applicant] |
Zenel Krasniqi | 17. In the meantime, on 1 June 2009 the Sisak County Court extended the applicant’s detention under Article 109 § 3 of the Code of Criminal Procedure for a further nine months, i.e. until 1 March 2010. On 12 June 2009 the applicant lodged an appeal, arguing that the maximum period for which he could be detained had expired. This appeal was dismissed by the Supreme Court on 22 July 2009. The relevant part of that decision reads:
“The Supreme Court, as the court of second instance, considers that the first-instance court correctly established that in the present case the conditions for the extension of the overall detention of the accused, |
Gregory Robert Eyre | 68. By a judgment of 31 October 2014 the Constitutional Court rejected Mr Pace’s appeal. It noted, inter alia, that it was true that it was still open to the applicant to raise his complaint despite the passage of time. Nevertheless, the court could draw other conclusions as a result, such as those related to credibility. Indeed had the statement been taken under duress the applicant would have raised the matter prior to 2011, it was thus likely that Mr Pace was solely trying to take advantage of the evolution of the ECtHR case-law. It considered that to determine the fairness of the proceedings they had to be taken as a whole, on the facts of the case it did not appear to be so in the present case where Mr Pace did not object to the presentation of his statements to the jurors during the criminal proceedings, to the contrary he noted that he was not challenging the validity of the second statement, which showed that the applicant had not felt prejudiced by his statements, which had been reiterated before the Court of Magistrates. Moreover, his statements had not been the only evidence against him.
(iii) Other case-law
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Mariya Mykhaylivna Grabchuk | 17. On 4 December 2000 the criminal case against the applicant was terminated for want of proof of a crime. At the same time, in his decree terminating the criminal proceedings against the applicant, the investigator mentioned that the courts had quashed the previous decisions on termination of the criminal case on non-exonerative grounds, because the applicant had not agreed. In the investigator’s opinion the applicant’s consent was not necessary, because even though her conduct could be qualified as a crime of negligence, no criminal proceedings could be instituted, as prosecution was time-barred and she could not be considered as an accused in this respect. The investigator, therefore, decided that:
“In the actions of Ms |
Milan Zdjelar | 21. On 11 May 2009 the police interviewed F.O. and F.K., both of whom were neighbours of the Zdjelar family in Crni Potok. F.K. confirmed that it had been soldiers from the Croatian Army who had come to the village when |