target
stringlengths 11
53
| prompt
stringlengths 200
14.1k
|
|---|---|
Sharani Askharov | 20. The applicant submitted two newspaper cuttings of May 2001. On 22 May 2001 the Moscow-based Kommersant published an article entitled “Khattab’s Friend and Dudayev’s Assistant are Killed”. The article said:
“In the Shali district of Chechnya the federal forces carried out a special operation directed against the leaders of bandit groups. Last weekend, during that operation in Serzhen-Yurt, |
Emin Yıldırım | 9. According to the Government, Officer Akgün agitatedly asked the customers whether they had heard the shots being fired and hurled abuse at the 67-year-old Emin Yıldırım for having his shop open so late. Two police officers, A.Ö. and Ö.Ş., alerted by the din, witnessed the incident.
According to the applicant, Officer Akgün not only agitatedly questioned those present in the drapery shop but also violently beat |
Sedat Bucak | 106. In criminal proceedings brought against a number of persons implicated in the Susurluk affair, which have been extensively covered by the Turkish media, the İstanbul State Security Court (Devlet Güvenlik Mahkemesi) decided in a ruling of 3 May 1999 to discontinue the proceedings against |
Tamás Kaszás | 11. In a similar assignment, the applicant was subsequently ordered to disarm other insurgents who had taken control of the building of the local Police Department by force on the afternoon of 26 October 1956. Having overcome the resistance of the police forces, the insurgents, including a certain |
Shchiborshch | 33. The second applicant was questioned again on 13 September 2006. First, she gave some additional details concerning medical documents the applicants had obtained to ensure Mr Shchiborshch’s in-patient treatment. She then stated that on 7 July 2006 the first applicant had telephoned Mr |
Nagiyev Asif Najaf oglu | 22. On 27 September 2008 a judge of the Narimanov District Court, relying on the Russian court’s detention order of 21 December 2007, ordered the application of the preventive measure of remand in custody in respect of the applicant for a period of two months. At the hearing the applicant was represented by a State-appointed lawyer. The judge relied on the provisions of the Code of Criminal Procedure (“the CCrP”) of the Republic of Azerbaijan relating to detention with a view to extradition when she ordered the applicant’s detention. The judge justified this measure as follows:
“Taking into account the fact that |
Khadayev Ali Zandiyevich | 61. On 29 August 2006 an officer of the Urus-Martan ROVD questioned M., the officer of the transport police in Pyatigorsk. M. submitted that on 22 April 2006 he had been on duty in Tolyatti Street. At around 6 p.m. he had stopped a VAZ 2110 car with registration plates H 270 KK 15 driven by a man in a state of alcoholic intoxication. When he had checked the driver’s documents he had had no doubts as to their authenticity. From the documents produced it followed that the driver was |
Ali Khadayev | 19. The servicemen dispersed throughout the rooms of the house. The fifth applicant, the sixth applicant and N. were sleeping in the room next to the second applicant’s room. The servicemen only checked their passports and did not point their guns at them. They removed several photos from under the pillow of the sixth applicant and took those of Mr |
A.R. “Vanagas” | 26. According to the KGB documents, on 12 October 1956 at about 8.30 a.m., A.R. “Vanagas” and B.M. “Vanda” left “Ž”‘s house in Kaunas. They walked on to Kampas Street, where they were seized by the KGB officers. They were carrying two pistols and two seals inscribed “LLKS Presidium” and “LLKS Military Headquarters (LLKS ginkluotųjų pajėgų štabas)”, forged passports, and other documents. After the arrest, |
Kazbek Akiyev | 76. In a decision of 15 December 2001 the investigator in charge of garrison prosecutor’s office no. 59 ordered that the criminal proceedings in case no. 14/32/0189-01D concerning the murder of Khalid Khatsiyev and |
Khadayev Ali Zandiyevich | 57. On 19 May 2006 the justice of the peace of district no. 8 in Pyatigorsk delivered a default judgment which read as follows:
“[L.], justice of the peace of district no. 8 in Pyatigorsk, the Stavropol Region, having examined the ... case concerning an administrative offence ... in respect of |
Adam Khurayev | 39. On 4 August 2004 the district prosecutor's office replied to the applicant, stating that the investigation in criminal case no. 34022 had been carried out in compliance with the law. The district prosecutor's office had taken all the investigative measures which could be carried out in the absence of those to be charged with the crime. They had sent numerous requests for information to various law-enforcement agencies and hospitals. The republican prosecutor's office's (unspecified) instructions concerning the investigation had been complied with. The theory that Russian military servicemen had been involved in the abduction of |
Yusup Mezhiyev | 148. A year later, in November 2004, several other police officers from the checkpoint were questioned. All of them confirmed the presence of the FSB officers at the crime scene, but none of them could say whether Mr |
Usman Mavluyev | 138. In 2004 and in 2007 the military commanders of the Zavodskoy and Staropromyslovskiy districts of Grozny and of the Urus-Martan district stated that they had neither any “discrediting” information about |
Oussama Abdullah Kassir | 15. On 12 September 2005, a superseding indictment was returned which named and indicted the second applicant as the fourth applicant’s alleged co-conspirator in respect of the Bly, Oregon charges (thus charging the second applicant with the same four counts as those faced by the fourth applicant in respect of the Bly, Oregon conspiracy). On 6 February 2006 a second superseding indictment was returned, which indicted a third man, |
Tomislav Merčep | 32. Following the submission of the indictment against the applicant to the Zagreb County Court (see paragraph 12 above), on 10 June 2011 a three-judge panel of that court extended the applicant’s detention pending trial under Article 102 § 1 (4) of the Code of Criminal Procedure (gravity of charges). The relevant part of the decision reads:
“When assessing whether further extension of the detention is needed under Article 102 § 1 (4) of the Code of Criminal Procedure, the panel looked into the facts of the indictment and found that there was a reasonable suspicion that the accused |
Ramzan Rasayev | 13. According to the Government, between 24 and 26 December 2001 a special operation was conducted in the village of Chechen-Aul to check identity papers and locate members of illegal armed groups. Troops from the Ministry of Defence, the Ministry of the Interior and the Federal Security Service (FSB) took part in the operation. During that period unidentified persons in camouflage uniform apprehended |
Aytekin Özen | 44. Between 13 and 20 March 1991 a number of persons, including the applicant, made statements to Major Dursun Şeker. On 21 March 1991 Major Dursun Şeker issued a report (see paragraphs 125-129). The recommendation contained therein, that gendarme officers Major |
the Minister of the Interior | 30. With regard to criminal liability for the deaths and injuries caused by the servicemen from the Ministry of Defence, the Ministry of the Interior and the Directorate for State Security (Securitate), the decision concluded that it lay exclusively with the persons who had ordered the opening of fire, namely the then Head of State, who was also Supreme Commander of the Armed Forces, his Ministers of Defence and of the Interior, the Head of the Directorate of State Security, and “other members of the Executive Political Committee of the Communist Party”, who were not named in the decision. With regard to |
Kolyadova O. | 48. On 16 April 2004 investigator B. of the Garrison Prosecutor’s Office discontinued the criminal proceedings owing to lack of any evidence that a crime had been committed. It was established that M.P. had committed suicide of his own accord on account of his individual psychological make‑up and for fear of being transferred back to the battery where the conditions of service were more difficult and where he feared oppression by his fellow recruits. The decision relied on the record of the on-site inspection, the record of the inspection of M.P.’s body, a forensic medical examination report, the statements of witnesses |
Rizvan Tatariyev | 150. Sharpudi Visaitov was apprehended in his house in the early hours of 22 December 2001. In the morning of 22 December 2001 the eighteenth and nineteenth applicants (Sharpudi Visaitov’s father and mother) learned that on the same night another man, |
Majstorovićs | 6. By judgments of the Banja Luka Court of First Instance of 18 September 2001, 28 January 2003, 27 March 2001, 25 February 2002, 19 March 2003, 6 July 1999, 5 November 2001, 4 April 2000, 21 December 1999, 12 May 1999, 1 October 1999, 17 April 2002, 17 October 2002, 22 April 2002, 17 July 2001 and 15 February 1999, which became final on 16 November 2004, 26 May 2005, 17 September 2003, 25 January 2005, 25 April 2005, 20 June 2001, 18 October 2004, 20 March 2002, 10 July 2001, 5 January 2001, 9 March 2001, 17 March 2005, 10 May 2005, 21 December 2004, 28 December 2004 and 6 July 2001 respectively, the Republika Srpska[1] was ordered to pay, within 15 days, the following amounts in respect of war damage together with default interest at the statutory rate from the date of the relevant first-instance judgment:
(a) 30,000 convertible marks (BAM)[2] in respect of non-pecuniary damage and BAM 2,410 in respect of legal costs to Mr Čolić;
(b) BAM 27,000 in respect of non-pecuniary damage and BAM 1,114 in respect of legal costs to Mr Trninić;
(c) BAM 15,500 in respect of non-pecuniary damage and BAM 1,782 in respect of legal costs to Mr Punišić;
(d) BAM 8,580 in respect of pecuniary damage and BAM 2,550 in respect of legal costs to Mr Jusufagić;
(e) BAM 27,000 in respect of non-pecuniary damage and BAM 1,456 in respect of legal costs to Mr Novaković;
(f) BAM 8,500 in respect of non-pecuniary damage to Mr Vulin;
(g) BAM 9,000 in respect of non-pecuniary damage and BAM 718 in respect of legal costs to Mr Vulin;
(h) BAM 6,000 in respect of non-pecuniary damage and BAM 1,175 in respect of legal costs to the Žujićs;
(i) BAM 15,200 in respect of non-pecuniary damage and BAM 1,567 in respect of legal costs to Mr Simović;
(j) BAM 15,000 in respect of non-pecuniary damage, BAM 1,953 in respect of pecuniary damage and BAM 3,000 in respect of legal costs to the Malkićs;
(k) BAM 20,000 in respect of non-pecuniary damage, BAM 600 in respect of pecuniary damage and BAM 1,500 in respect of legal costs to the Todorovićs;
(l) BAM 16,500 in respect of non-pecuniary damage and BAM 1,374 in respect of legal costs to Mr Milić;
(m) BAM 11,400 in respect of non-pecuniary damage and BAM 987 in respect of legal costs to Mr Višić;
(n) BAM 10,000 in respect of non-pecuniary damage, BAM 2,000 in respect of pecuniary damage and BAM 1,015 in respect of legal costs to Ms Bojanić;
(o) BAM 7,500 in respect of non-pecuniary damage, BAM 1,050 in respect of pecuniary damage and BAM 2,327 in respect of legal costs to Ms Petrović and the Ivanovs; and
(p) BAM 15,000 in respect of non-pecuniary damage, BAM 2,241 in respect of pecuniary damage and BAM 1,132 in respect of legal costs to the |
Umar Musayev's | 16. Several minutes later a group of servicemen entered the courtyard, shouting and firing from automatic weapons. They ordered the men, including the 13-year-old Suleyman, to lie down in the snow. They then searched the house and the courtyard, having ordered Aba M. to walk in front of them. After about half an hour, while the first applicant and others were still lying on the ground, the servicemen “calmed down” and the most senior among them, about 35-40 years old, ordered them to leave. The first applicant, worried about his cousins and nephews, asked for permission to go into the street and to look at the two bodies. The servicemen ordered him to stay inside “unless he wanted to be lying beside them”. They then proceeded into |
Dzhabrailovs’ | 32. In the Government’s submission, in course of the investigation the investigating authorities questioned the applicant as well as Mr L. Dzhabrailov and Ms R. Dhzabrailova, who confirmed the circumstances of the incident of 10 April 2003. In particular, the applicant had stated, as alleged by the Government, that on the date in question ten unidentified armed people in masks and camouflage uniforms had arrived at the |
Lieutenant Colonel Zh. | 31. On 10 March 2004 X., the owner of the Toyota Camry, was questioned. He stated that he lived in Ulan-Ude and on 19 February 2004 he had gone to Irkutsk in his car together with his wife. Upon arriving in Irkutsk he contacted his relative, |
Garipşah İkincisoy | 43. The witness, who is the first applicant, stated that on the day of the incident at about 1 a.m. police officers had come to his house, looking for his son Mehmet Şah. He informed the officers that Mehmet Şah was staying at his uncle's house and told his other son Halil to show them the way. About half an hour after they had left, police officers came back and arrested everyone in the apartment, namely Hüseyin, Nefise, Makbule and |
Nenad Kovačević | 17. On the same day the Osijek County Court accepted the request of the State Attorney’s Office and ordered the applicant’s pre-trial detention under Article 123 § 1(1) of the Code of Criminal Procedure (risk of absconding). The relevant part of the decision reads:
“Having considered the [available] evidence, this panel has found that the accused |
Carlo Giuliani | 90. The second shot fired by M.P. had left a mark on the wall of the church on Piazza Alimonda (at a height of 5.3 metres). The first shot had hit Carlo Giuliani. The ballistics tests had been unable to establish the original trajectory of that bullet. However, the experts appointed by the public prosecutor's office had taken into account the fact that the jeep was 1.96 metres high and that the stone seen on the video had been at a height of around 1.9 m when the image was recorded. They had therefore fired some test shots, positioning the weapon around 1.3 metres from a stone suspended 1.9 metres above the ground: the bullet had been deflected downwards and hit the “collecting tray” (located 1.75 metres from the weapon) at heights of between 1.1 and 1.8 metres. These data tallied with the statements of certain demonstrators who had been eyewitnesses to the events, according to whom |
Abdullah Öcalan | 444. Mr Elçi introduced Mesut Beştaş to Abdülhakim Güven, whom he had known for a long time and who liaised with Mr Elçi's brother. A PKK member (Beriwan) was in charge of the town of Silopi, Cizre, and frequently went to Mr Elçi's house. He had acted as a courier for Mr Güven once the latter was in prison, taking notes and the like, hidden in address books and diaries. He had helped a member, code name Firat, to transport sacks full of guns. Mr Elçi was said to have acknowledged his possession of an “ERNK” document and connections with |
Sezgin Tanrıkulu | 23. On 4 April 1994 the applicant’s husband and his cousin Mehmet Ay were finally brought before the Diyarbakır State Security Court (hereinafter “the Diyarbakır Court”). At 12.45 a.m. the two were taken for a medical examination. At 9 a.m. the two men signed for their possessions. At approximately 2 p.m. Mr |
Musa Ilyasov | 37. On 17 April 2003 the republican prosecutor's office replied to the first applicant's query and informed her that the district prosecutor's office was investigating criminal case no. 59232, opened in connection with her son's abduction. According to the letter, the investigation had obtained information concerning special operations in Mesker-Yurt in August 2002, as well as unspecified information from the Shali department of the Federal Security Service (“the Shali department of the FSB”) and the Shali military commander. However, all these efforts had failed to establish the whereabouts of |
Beslan Dolsayev | 77. The Government submitted that although the criminal investigation had failed to establish the whereabouts of Beslan, Rizvan, Rizavdi and Shuddi Dolsayev and the internal investigation conducted by the Zavodskoy ROVD into the circumstances of the disappearance of its officer |
Supyan Mukayevwas | 74. At about 3 p.m. on 15 March 2005 Mr Supyan Mukayev and his acquaintance Mr M.Kh. were standing on Groznenskaya Street, across from the Bass petrol station in the village of Shali, when a group of about ten armed servicemen in camouflage uniforms approached them and ordered them to put their hands up. They then forced Mr |
G.A. Vanyan | 24. The Presidium of the Moscow City Court held:
“... having correctly established the facts of the case, the court gave an incorrect legal assessment thereof in the judgment. In procuring the narcotics for his personal consumption and also for [OZ], at her request and with her money, in storing the narcotics and in handing over part of the heroin to [OZ] and keeping part of it for himself, |
Metin Göktepe’s | 11. On the same day, the applicants lodged an appeal. They stated first of all that the article in question had been written on the fourth anniversary of the killing of journalist Metin Göktepe, who had been beaten to death by the police in 1996 whilst in custody. The applicants argued that the purpose of the article had been to raise concern over the fact that some high-ranking officials had not been tried and that those accused in |
Van der Ven | 19. On 10 August 2004 another individual – who had been detained in the EBI between 26 June 1998 and 24 December 2003 – brought a civil action in tort (onrechtmatige daad) against the Netherlands State before the Hague Regional Court. One of the grounds on which he claimed payment of compensation in respect of non-pecuniary damage for unlawful acts for which he considered the Netherlands State to be liable was that, from his arrest in March 1998 until the end of December 2003, he had been subjected to inhuman and degrading treatment on account of the conditions of his detention, including having had to undergo humiliating and unnecessary strip-searches. He based this part of his claim on, inter alia, the Court’s findings in its judgments of 4 February 2003 in the cases of |
Visadi Samrailov | 21. On 22 October 2004 the investigators questioned Mr Visadi Samrailov’s sister, Ms M.I., who stated that on 4 August 2000 an employee of the Leninskiy district military commander’s office, Ms Ya.Ya., had told her that Mr |
Yane Sandanski | 9. On 13 April 2004 the Mayor of Sandanski, without giving reasons for his decision, advised the organisers that Ilinden could hold a rally between 10 a.m. and 12 noon on 18 April 2004, and that it could include laying flowers on the grave of |
Nurdi Isayev | 88. On an unspecified date in 2002 a neighbour of the applicants’ who had been detained in Chernokozovo remand prison, Ms I., returned home. According to a statement by Ms I. produced by the applicants, while in detention in Chernokozovo she had seen two inscriptions made with a sharp object on the cell wall reading “ |
Akhmed Buzurtanov | 23. On 13 December 2012 the expert examination of Mr Akhmed Buzurtanov’s police identity card collected from his vehicle (see paragraph 16 above) concluded that the document had been forged. On 28 February 2013 the Ingushetia Ministry of the Interior confirmed to the investigators that the police identity card had been forged and that Mr |
Shamad Durdiyev | 44. According to the Government, the military prosecutors examined the registration logs of the Nadterechny district temporary detention ward and of the ROVD. Copies of the relevant documents were contained in the investigation files. They demonstrated that |
Orhan Ertaş | 29. On 7 July 1993 the Mazıdağı public prosecutor Yekta Çobanoğlu, decided that he lacked jurisdiction to deal with the case. The decision listed Ali and Orhan Ertaş as being suspected of the offence of “politically motivated murder” of the applicant's parents and brother. It noted that, following its investigation, the District gendarme command had concluded that unidentified members of the PKK terrorist organisation had committed the killings, but that, according to the respective accounts of the applicant and her sister Mekiye, their father had recognised the perpetrators as Ali and |
Ramzan Babushev | 56. On 7 February 2003 the investigators requested information about the arrest of Ramzan Babushev from the Chechnya FSB and the Khattuni OVD. They also requested to be informed whether the applicants' relative was suspected of participation in illegal armed groups. According to the replies from the Khattuni OVD of 11 February 2003 and the Chechnya FSB of 14 February 2003, |
Sreten Stojanović | 4. The applicants, Mr Srbislav Marčić (the “first applicant”), Mr Stevan Kostić (the “second applicant”), Mr Slavko Pešić (the “third applicant”), Mr Radoslav Pesić (the “fourth applicant”), Mr Časlav Stošić (the “fifth applicant”), Mr |
Alikhadzhiyev | 34. On 13 June 2000 the lawyer instructed by the applicant to represent her son in criminal proceedings requested the Chechnya Prosecutor to grant him access to Ruslan Alikhadzhiyev and to investigate the legality of his detention. He referred to the information from Mr |
the Governor of | 102. On 26 November 1999 three Ankara deputy prosecutors responsible for investigating the first case (no. 1999/101539) brought against State agents (see paragraphs 82 and 83 above), declined jurisdiction ratione materiae. On 1 December 1999 they transmitted the case file to the Governor of Ankara, who was competent to determine the expediency of criminal investigations pursuant to the Law on the prosecution of civil servants.
On 8 December 1999 the Prosecutor followed suit as regards the other complaints which had been lodged against the said agents and were subsequently joined to the second case (no. 1999/107587) (see paragraph 84 above). In so doing he declined jurisdiction ratione materiae and, in turn, referred the case to |
Levon Gulyan | 27. On 19 May 2007 the prosecutor, following a request by the applicant, decided to order another medical examination of Levon Gulyan’s body to be performed by two foreign experts from Germany and Denmark. That decision stated that on 12 May 2007 |
Abdullah Öcalan | 22. On 23 July 1998 the applicant’s lawyer claimed that the applicant had been questioned contrary to Article 135 of the Criminal Code and that therefore her statements given to the police should not be admitted to the case file. They relied on Article 3 of the Convention. The lawyer also stated that the applicant wanted to make a political defence in her own language. The applicant, on the court’s inquiry, stated that she knew how to speak and read and write to a limited extent in Turkish but that she wanted to defend herself in her mother tongue. The applicant then read out her defence submissions, first in German and then in Turkish. The court noted that the applicant shouted out “Long live the PKK, long live our party leader |
Abbasaliyev | 55. At an unspecified time on 22 December 2005, while in his cell, the applicant lost consciousness for several minutes as a result of abnormally high blood pressure. Before fainting, he called a warder, who brought a blood-pressure monitor. The applicant used the monitor himself after regaining consciousness. Then a doctor came and gave him some medication, but this did not help. An ambulance was called and at around 11.45 p.m. on the same day the applicant was taken to Baku Central Clinical Hospital suspected of having suffered a stenocardiac attack. At the hospital, he was examined by Dr |
Dean Metcalfe | 9. Meanwhile a series of armed robberies was carried out by a number of armed males: on 29 January 1997, 30 April, and 13 August 1999. On 14 August 1999, the police arrested a certain Heffy, later convicted for the robbery. They also arrested a man who arrived during the arrest. He gave his name as |
Feyzi Tatlı | 50. The witness confirmed that he was one of the five police officers who had gone to Mehmet Şah's apartment on 22 November 1993 at about 1 a.m. He recalled that after Feyzi Tatlı, a detainee, confessed during a police interrogation that Mehmet Şah was aiding and abetting the PKK, an operation was conducted to apprehend this person. |
Sharani Askharov | 21. On 26 May 2001 the Moscow-based Nezavisimaya Gazeta published its regular update on the conflict in Chechnya, covering events between 12 and 25 May 2001. It reported that “on 19-20 May 2001 in Serzhen-Yurt, Shali district, a targeted special operation took place, as a result of which |
Timur Beksultanov | 25. On 12 February 2005 the Chechen Department of the Federal Security Service (“the Chechen Department of the FSB”) informed the applicant that they had forwarded her complaint about the abduction of |
Bulat Chilayev’s | 52. Two witnesses identified by the applicants, whose statements were submitted to the Court, stated that at about 12.30 p.m. on 9 April 2006 two silver Zhiguli cars with tinted windows (a VAZ-2112 with the registration plate “t 591 RT 95” and a VAZ-21099 with a registration plate ending in “487 HC 95”) had arrived at the junction and parked on each side of the road. Six or eight men wearing camouflage uniforms got out of the cars, put on black masks and stopped |
Valid Gerasiyev | 41. On an unspecified date the investigators interviewed the first applicant as a witness. He stated that before 1999 his family had resided in the village of Gekhi and that in 1999 they had moved to Ingushetiya, except for |
the Minister of the Interior | 14. An initial refusal to allow him access to the file, signed by the head of the Ministry’s human-resources department and dated 2 April 2003, was quashed on 17 November 2003 by the Sofia City Court, as it had not been ordered by the competent body, namely |
Shamani Inderbiyeva | 33. On 2 July 2003 the district prosecutor’s office opened criminal case no. 50080 under Article 105 § 2 of the Russian Criminal Code (murder) in connection with the discovery on 12 February 2000 of the bodies of Shema and |
Shamani Inderbiyeva | 10. Having spent the night with her mother in the basement, on the following day the applicant went to look for her sisters in Pugacheva Street. In the basement located in the courtyard of her family’s block of flats she found the two burnt corpses of Shema and |
Umar Karimov | 20. On an unspecified date in January 2003 the applicants complained about Arbi Karimov’s abduction to the headquarters of the International Committee of the Red Cross (the Red Cross) in Grozny. On 26 May 2003 representatives of the organisation visited the applicants and showed them a letter from the military prosecutor’s office of military unit no. 20102. The letter stated that on an unspecified date an illegal bandit group had been discovered in Proletarskoye and in connection with this the Russian law enforcement agencies had conducted a special operation in the village on 12 January 2003. As a result of the operation Mr I. and Mr |
Grande Stevens | 8. Mr Gabetti wished to obtain legal advice on the best way to ensure that Exor remained the controlling shareholder in FIAT, and to this end he contacted a lawyer specialising in company law, Mr Grande Stevens. He considered that one possibility would be to renegotiate an equity swap (that is, a contract allowing a share’s performance to be exchanged against an interest rate, without having to advance money), dated 26 April 2005 and based on approximately 90 million FIAT shares, concluded by Exor with an English merchant bank, Merrill Lynch International Ltd, which was due to expire on 26 December 2006. In Mr |
Meryem Çelik | 19. On 13 April 1999 the Şemdinli public prosecutor drew up a report (fezleke) in which he set out the developments in the investigation. In his report, the public prosecutor identified A.Ç. and F.A. as the “accused” and |
Patrick Finucane | 33. On 28 April 1999, at a press conference, John Stevens stated:
“... in September 1989 ... I was appointed ... to conduct the so-called 'Stevens inquiry' into breaches of security by the security forces in Northern Ireland.
This commenced after the theft of montages from Dunmurry Police Station.
This inquiry resulted in 43 convictions and over 800 years of imprisonment for those convicted.
My subsequent report contained over 100 recommendations for the handling of security documents and information.
All of those recommendations were accepted and have been implemented.
This 'Stevens 1' inquiry was followed by a 'Stevens 2' inquiry in April 1993 ...
At the request of the DPP I was asked to investigate further matters which solely related to the previous inquiry and prosecutions. [The then RUC Chief Constable] referred to our return as 'tying up some loose ends'.
At no time, either in Stevens 2 or in the original Stevens 1 inquiry did I investigate the murder of |
Salman Bantayev | 8. The applicants are relatives. The first applicant is the mother of Mr Abubakar Aliyevich Bantayev (also known as Bakra Manayev), born in 1957, and Mr Salman Aliyevich Bantayev, born in 1962. Abubakar Bantayev is married to the second applicant; they are the parents of the fourth, sixth, seventh and the eleventh applicants. |
Aldan Eldarov | 139. On 16 October 2000 the applicant yet again requested that the Chechnya military prosecutor open a criminal case to investigate the abduction. He submitted to the Court that officer Yefimenko had informed him that the police had handed Mr |
Michael Falzon | 11. Other relevant parts of the article, read as follows:
“I say this with deep regret, but I can only be seriously perturbed by the ease with which MLP Deputy Leader Michael Falzon [M.F.] persuaded the Commissioner of Police to investigate the source of a trivial and unimportant anonymous e-mail that he had received. More so, when this e-mail could only have been misguidedly considered ‘suspicious’, and even then in an absolutely far-fetched way, in the context of the infighting and internal feuds within the MLP.
According to what Dr. |
Mehmet Salim | 49. On 5 October 1995 Mehmet Salim's family were contacted by a person called Murat, who informed them that Mehmet Salim had been detained in Bolu and subsequently at a military base. He was alive and was working as an agent for the authorities. In order to have him released, the family would have to comply with the conditions of the Diyarbakır Regiment Commander, namely to keep secret the names of those who had abducted him, as well as the place where and the persons by whom he had been detained. The family refused to accept these conditions. On 10 October 1995 Murat contacted the family again and asked them to reconsider their position, otherwise |
Timur Beksultanov | 27. By a letter of 4 March 2005 the prosecutor’s office of military unit no. 20102 notified the applicant that their inquiry had not established the implication of servicemen of the federal forces in the abduction of |
“A. P. Ivanova” | 77. On 24 June 2003, at the prosecutor’s request, the court ordered a third expert analysis of the audiotapes, with a view to eliminating discrepancies in the earlier findings. The analysis was entrusted to Mr Koval, Mr Yakushev and Mr Serdyukov, who had participated in the previous examination, and two new experts: Mr Kurdiani, a Georgian-speaking expert, proposed by the defence, and an anonymous expert, proposed by the prosecution, whose name was given only as |
Musa Ilyasov | 26. On 29 October 2002 the first applicant wrote to the Minister of the Interior of the Chechen Republic and the republican prosecutor's office, describing in detail the circumstances of the abduction of |
Barry Doyle | 22. On the eleventh day of the trial the judge ruled as follows:
“The defence object to the prosecution proposal to call evidence of various admissions made by Barry Doyle in the course of interviews that took place while he was in custody .... The defence contend that these admissions are inadmissible and rely on three grounds.
1) That the admissions were made involuntarily as a result of a combination of threats, inducements and oppression.
2) That the admissions were made as a result of breaches of the accused’s constitutional right of access to legal advice.
3) The admissions were made as a result of breaches of the requirement of fundamental fairness.
...
The onus of proof in respect of admissibility is on the prosecution and if confessions are to be admitted in evidence the Court must be satisfied beyond a reasonable doubt that it is proper to do so.
...
With regard to the question of legal access |
Heinz Robathin | 8. On 21 February 2006 the investigating judge issued a search warrant for the applicant’s premises. The warrant authorised the search and seizure of the following items:
“Documents, personal computers and discs, savings books, bank documents, deeds of gift and wills in favour of Dr |
Ayub Salatkhanov | 12. On the same date an inspection of the crime scene and of the military vehicles was carried out and E., an eye-witness, was questioned. E. submitted that on 17 April 2000 he, together with Ayub Salatkhanov, S., A., Kh. and B. had been walking down Lenina Street and that a military convoy had been moving towards them. He had seen a serviceman in an APC who lifted a weapon fitted with a silencer, aimed it at |
Miclea Alexandru | 17. In February 2011 the applicant, S.L. and S.N. were heard by a prosecutor from the Prosecutor’s Office of the Arad County Court. In a statement dated 1 February 2011, handwritten in front of the prosecutor, S.L. stated that he had been taken to the police station on 8 August 2010 following a dispute with a group of people in the street. Once inside the police station he was taken to the second floor together with his brother. Half an hour later, he overheard through an open window a person screaming with pain outside the building and recognised the applicant’s voice. Afterwards he was taken home together with his brother in a police car. Later that day they met the applicant in front of his house and he told them that he had been handcuffed and beaten up by police officers. The applicant showed them his injuries and the marks on his hands. S.L. declared that he knew for sure that the applicant had been beaten up at the police station because he had seen him when they were leaving the police station. On 8 February 2011 S.L.’s statement was typed on a witness statement form bearing the heading of the Prosecutor’s Office of the Arad County Court and S.L. signed it. In addition to the facts described in the previous handwritten statement, the typewritten statement included the following phrase: “... one of my friends, V., came to me and told me that some ... were beating up my brother and |
Michaelidou | 18. Following the break, the proceedings were resumed. At one point a confrontation occurred between the applicant’s lawyer, Mr Kyprianou, and the court. Mr Kyprianou was at the time cross-examining a police officer who had taken the applicant’s written statement and was asking him about the manner in which an indication by another police-officer to insert the time of taking the statement was made. The court interrupted Mr Kyprianou and noted that they found his questions unnecessary. Mr Kyprianou then sought leave to withdraw from the case which was refused. The verbatim record of the proceedings reports the following exchange (translation):
“Court: We consider that your cross-examination goes beyond the detailed cross-examination that can take place at the present stage of the main trial in issues...
Mr Kyprianou: I will stop my cross-examination...
Court: Mr Kyprianou...
Mr Kyprianou: 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 the case of Kafkaros and Others v. the Republic and do not grant leave.
Mr Kyprianou: 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...
Mr Kyprianou: 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.
Mr Kyprianou: You can try me.
Court: Would you like to say anything?
Mr Kyprianou: 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 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 (Ms |
Yusuf Ekinci's | 31. At around 11 p.m. Güngör S.E. went to the applicant's house, where he found the applicant, Mansure Ö., and friends of the applicant's daughter. Nadire İ. arrived later. The persons present then started to speculate on |
Rustam Gaysumov | 94. The applicants submitted written statements from Ms M.E., who worked at a kiosk located in Druzhby Narodov Square, and Ms Sh.N. Both were eyewitnesses to the abduction. Ms M.E. submitted that on 8 November 2006 she had seen servicemen in uniforms and balaclavas armed with automatic weapons. They had conducted a special operation. At around 2 p.m. they had stopped a car with two persons, allegedly Mr |
Visita Shokkarov | 50. On 6 January 2003, while the applicants, their relatives and other residents of the Satsita camp were waiting outside the Sunzhenskiy ROVD building for news of Visadi Shokkarov following his arrest, two men in civilian clothes approached |
Tofiq Yaqublu | 142. In this connection, the court continued:
“Victims [in particular, five police officers (of the six mentioned in paragraph 48 above), E.A. (see paragraph 44 above) and V.Az. (see paragraph 43 above)] and witnesses [in particular, R.N., I.M. and R.B. (see paragraphs 52-56 above), as well as S.K. (see paragraph 45 above) and four other police officers (see paragraph 47 above)] stated during both the pre-trial investigation and the first-instance hearings that throughout the day on 24 January 2013, including between 4 p.m. and 6 p.m., mass riots had continued, crowds of people had attacked the [IDEA] building and had stoned police officers. They also testified that they had seen [the applicant and |
Aslan Akhmadov | 13. On 6 March 2002, between 11 a.m. and 1 p.m., Mr Aslan Akhmadov, Mr Said-Selim Kanayev and several other residents of Stariye Atagi were standing in the street when a group of masked and armed federal servicemen arrived in three APCs, two UAZ cars and an Ural vehicle. The APCs’ hull numbers were covered with mud and the vehicles’ registration plates were wrapped in a rag. The servicemen started beating Mr |
Segeda I.D. | 23. On 14 June 2006 the Town Court extended the applicant’s detention until 22 October 2006, thus bringing its total duration to ten months and eighteen days. The court held as follows:
“... taking into account that |
Vakha Saydaliyev | 64. The investigation, which so far failed to identify the perpetrators, was ongoing. The implication of any law-enforcement agencies in the crime had not been established. The two men who had allegedly been detained with |
Alaudin Gandaloyev’s | 14. In support of her account of the events the applicant submitted copies of the following documents: witness statement of Emir Gandaloyev, two statements concerning Alaudin Gandaloyev’s employment record and his salary, |
Manfred Nowak | 90. In his interim report submitted in accordance with Assembly resolution 59/182 (UN Doc.: A/60/316, 30 August 2005), the Special Rapporteur of the Commission on Human Rights on torture and other cruel, inhuman or degrading treatment or punishment, |
Laurent-Désiré Kabila’s | 13. On his arrival in Finland the applicant filed an asylum request written in French, stating that he had left the DRC 13 months ago; that he had been trained to join the presidential guards and had been working as an informant in Office D of the special force responsible for protecting the then President Mobutu (Division Spéciale Présidentielle; “the DSP”); that he had belonged to the President’s and the DSP Commander-in-Chief’s inner circle; that he had been arrested in Angola while in the possession of a DSP badge and a photograph of Mobutu; that his life was in danger on account of his position and his Ngbandi origin; and that |
Alexei Vlasi’s | 17. During the investigation, the Chişinău prosecutor’s office obtained several forensic reports which found, inter alia, that the entry wound was on Alexei Vlasi’s upper left neck and the exit wound was on the right side of his forehead above his eyebrow. According to the forensic report, the shot was fired at such close range that gunshot residue was present on the victim’s skin around the entry wound. Another forensic report found that the police officer who had shot him had had an injury to his right thigh made by a knife wound and the other police officer who had allegedly been punched in the face by Alexei had had a bruise on his face. Another expert report did not find any fingerprints on the knife found in |
Movsad Tagirov's | 31. On 22 July 2003 the UGA prosecutor's office forwarded the first applicant's letter to the military prosecutor's office of military unit no. 20102 (“the unit prosecutor's office”) and ordered that it be verified whether Russian federal servicemen had been involved in |
Y.V. Pokrovsky | 22. In the course of the trial of German war criminals before the International Military Tribunal, the Katyn killings were mentioned in the indictment as an instance of a war crime (Indictment: Count Three – War Crimes, Section C (2)). On 13 February 1946 the Deputy Chief Prosecutor for the USSR, Colonel |
the Director of | 31. In the meantime, between 28 May 2010 and 2 June 2010 orders for the detention and deportation of forty-five failed asylum seekers were issued following background checks. Letters were sent by the District Aliens and Immigration Branch of the Nicosia Police to |
Mehmet Şah Şeker’s | 36. On 11, 14 and 15 October 1999 two police officers took statements from the applicant, the employer and two colleagues of Mehmet Şah Şeker and his cousin. In his statement, the applicant maintained that he did not suspect anyone regarding his son’s disappearance. |
R. Kostecki’s | 24. In respect of the charge of trafficking in drugs, the trial court held:
“With regard to the first charge, i.e. trafficking in drugs, it is first of all the testimonies of persons who were directly involved in the [alleged] criminal activities and who described them in detail, which persuade the court of |
İbrahim Erdoğan | 32. The autopsy report on İbrahim Erdoğan gives his cause of death as internal bleeding due to bullet wounds and fractured skull and spinal column. The autopsy report described nine gunshot wounds to the body of |
A.M. Anscombe | 63. Mr İ. Sağlam stated that Cemal Uçar sent a letter to his family, informing them that he had been taken into police custody and, subsequently, detained in Diyarbakır E-type prison. After having received the letter, the applicant went to the prison and saw his son. Subsequently, he asked Mr İ. Sağlam to visit his son. On an unspecified date, Mr İ. Sağlam visited Cemal Uçar, who maintained that he had been kidnapped by security forces and that he had made statements before the public prosecutor about his abduction. Cemal Uçar refrained from informing the public prosecutor about the place where had been kept for almost a month as he feared for himself and his family. Mr İ. Sağlam further stated that he did not have the impression that Cemal Uçar was disturbed psychologically. However, he had feared the possibility of being taken to the security directorate again.
(f) Expert reports dated 30 August 2005 of Dr |
“Küçük Şiyar” | 13. According to a police report, on the same evening the driver of the motorbike, who was subsequently identified as M.N.B., was arrested by police officers. Moreover, on the same evening a certain M.K., who was suspected of having provided logistical support to the two men, was also arrested. M.K., who was shown a photograph of |
Ibragim Uruskhanov’s | 65. On 24 March 2005 the deputy head of the Urus-Martan FSB informed the investigators that they had information about the involvement of the applicant’s son in activities of an illegal armed group under the command of Mr T. Udayev. However, they had no information either concerning |
Shamkhan Tumayev | 52. On 1 October 2004 investigator D. interviewed the applicants' neighbour, N.T., as a witness. He stated that at about 2 a.m. on 19 September 2004 a group of about fifteen armed persons in masks and camouflage uniforms had burst into the applicants' house and had abducted |
Adam Makhashev | 115. On 2 June 2005 the second applicant was released from the temporary detention centre of Nalchik (the IVS) by decision of the town prosecutor’s office. The text of the decision included the following:
“... at about 9 p.m. on 14 November 2004 in the office of the head of the criminal search division of the GOM-2, officer A.Bo., |
İbrahim Akan’s | 61. On 7 February 2002 the Court of Cassation upheld the decision of the first-instance court in respect of seventeen of the accused village guards. Moreover, in the light of the findings in the ballistics reports dated 23 June 1992 and 28 October 1993 and the statements of the Midyat Public Prosecutor, the Court of Cassation quashed the decision of the first-instance court in respect of ten of the accused. In its detailed decision the court further held that to try to remove the bullet in |
Susana Ciorcan | 28. On 23 October 2006 the four officers from the investigations department of the Mureş County police were questioned by the prosecutor as witnesses. Their statements were practically identical, saying that while they had been talking to |
Butkevičius | 48. On the same day the Supreme Administrative Court adopted a separate ruling on the remarks which VM had made on 28 June 2006. Invoking Article 6 of the Convention and the Court’s judgments (Daktaras v. Lithuania, no. 42095/98, ECHR 2000‑X, and |
E. Zaynadinov | 75. On 10 June 2004 the Shali ROVD replied to a request by the applicant for information stating, amongst other things:
“ ... in connection with the abduction of Mr E. Zaynadinov, the Shali district prosecutor’s office opened criminal case no. 59229... the police operational search unit opened search file no. 71373 and has been taking measures to search for Mr |
Subsets and Splits