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Mamed Bagalayev | 80. On 7 October 2005 the investigators questioned a police officer of the Shali ROVD, Mr R.I., who stated that on 1 August 2003 he had been informed by his friends that, on the road next to Shali, military servicemen had conducted a special operation, as a result of which a boy had been killed. He had immediately rushed to the scene. The area had been cordoned off by armed masked men, who had refused to answer questions. He had followed two of these men to the yard of the Bagalayev family, where he had heard children crying. The witness had rushed to the summer house, where he had found |
Rumid Isayev | 16. During her questioning as a victim in the proceedings concerning the abduction of Mr Suliman Isayev and Mr Ramzan Isayev, the first applicant also described the circumstances of the disappearance of Mr |
Joselito Renolde | 42. On 23 July 2001 the judge notified the parties that the investigation was complete. In a letter of 9 August 2001 the civil parties’ lawyer asked for certain steps to be taken, namely for the persons responsible to be charged with the manslaughter of |
Nadareishvili | 162. Mr Darbaydze explained that, under the supervision of Mr Mskhiladze, his superior, he had been responsible for various tasks in connection with the disputed extraditions. In particular, Mr Mskhiladze had asked him to visit the applicants in prison, to inform them that the issue of their extradition was being examined by the Procurator-General's Office and to request explanations concerning their nationality. He had carried out this visit on 23 August 2002 with his fellow trainee, Ms |
Khalid Khatsiyev | 17. The helicopters launched non-guided missiles and strafed the Niva car with aircraft machine-guns with the result that its back tyres were flattened. They then chased the men. One of the helicopters fired a missile at the place where |
Zeynel Nifak | 91. Mr Buğdaycı was the head of the village guards in the Kocayol District at the relevant time, and resided in the Geyiksırtı hamlet of Suçıktı. This witness stated that the inhabitants of Suçıktı had left their homes in 1994 as a result of PKK coercion and intimidation, and that the applicant had chosen to move to Diyarbakır. He noted that the applicant’s land was being cultivated by two farmers from the Karaçimen village, Mr |
Esref Simpil | 10. On 24 July 1993, the applicant’s village was subject to an armed attack by village guards supported by a helicopter gunship under the direction of the Silvan Gendarme Headquarters and gendarmes from Bayrambası. The attack started at about 17.00 hours. The applicant was at his home in Başog with his wife Nezihe, his sons Burhan and Hamit and his daughter Neşihat. They heard sounds of gunshots coming from the village and saw flames and smoke starting to rise from different parts of the village. Women and children fleeing the village ran towards the applicant’s hamlet. The applicant called to his son Burhan to take the tractor and flee, which he did. The applicant saw a number of village guards whom he knew – |
Alexey Vlasov | 8. On 27 October 2008 the Golovinskiy District Court of Moscow convicted him of smuggling and sentenced him as follows:
“... the penalty in the form of three years’ imprisonment is not to be enforced and is to be considered conditional with a three years’ probationary period.
To require Mr |
Şükrü Karatepe | 36. On 10 November 1996 the mayor of Kayseri, Mr Şükrü Karatepe, had urged the population to renounce secularism and asked his audience to “keep their hatred alive” until the regime was changed, in the following terms:
“The dominant forces say ‘either you live as we do or we will sow discord and corruption among you’. So even Welfare Party Ministers dare not reveal their world-outlook inside their Ministries. This morning I too attended a ceremony in my official capacity. When you see me dressed up like this in all this finery, don’t think it’s because I’m a supporter of secularism. In this period when our beliefs are not respected, and indeed are blasphemed against, I have had to attend these ceremonies in spite of myself. The Prime Minister, other Ministers and MPs have certain obligations. But you have no obligations. This system must change. We have waited, we will wait a little longer. Let us see what the future has in store for us. And let Muslims keep alive the resentment, rancour and hatred they feel in their hearts.”
Mr |
Zaybula Satuyeva | 142. Makhmud Satuyev (applicant 25) submitted copies of death certificates issued by the district civil registration office in relation to his mother and step-mother respectively. Zaluba Dakhayeva, aged 62, had died in Achkhoy-Martan on 4 February 2000 from a piercing wound to the abdomen. The death was recorded on 10 February 2000. |
Magomed-Ali Abayev | 40. On 14 February 2003 the investigators questioned the first applicant's daughter, Ms L.A., who stated that at about 6 p.m. on 13 September 2000 her brother Magomed-Ali Abayev had left home with Anvar Shaipov. About five minutes later their neighbour Mr M.A. had arrived at the first applicant's home and informed the relatives that |
Gordon Milne | 116. On 14 July 2006 MHPA responded. It advised that many of the risk assessments undertaken were not instructed in order to advise the planning authorities but in order to assess MHPA’s own operational requirements for handling LNG ships in Milford Haven. However, the assessments subsequently assisted MHPA in providing the necessary advice to the planning authorities. MHPA offered to extract relevant environmental information for the sum of approximately GBP 400. The solicitor for the applicants subsequently asked for information from two reports only, namely, a report by |
Sayd‑Salekh Ibragomov | 26. On 10 December 2009 the same investigator wrote down explanations submitted by Ms Aminat O., Sayd-Salekh’s girlfriend, who lived with him at his house. She was an eyewitness to the events of 21 October 2009. She stated that at about 2 p.m. a group of armed servicemen had arrived at their house and searched part of the household. There was an exchange of fire in the courtyard and she had asked police officers who were there to take “granny” out of the house, which they did, bringing her out through the window on a mattress. She thought that the house had been set on fire by the police officers. She had not seen |
Julien Maire | 54. Thus, on 28 March 2000 the French embassy in Lisbon asked the Portuguese Foreign Ministry to intervene in order to “expedite enforcement of the Oeiras District Court’s decision of 15 June 1999 requiring Mrs [S.C.] to hand over the child |
Gaston Cusin | 11. In an opinion dated 6 December 1944 the Ministry of the Interior's Committee for the Purge of Collaborators (comité d'épuration) proposed that the applicant should retain his post, taking the view that although he had held office under the Vichy regime, he had shown a favourable attitude towards the Resistance. He was therefore allowed to continue serving as head of the private office of |
Lema Khakiyev’s | 49. On 18 December 2002 the first applicant complained about her brother’s disappearance to the Special Envoy of the Russian President in the Chechen Republic for Rights and Freedoms (“the Envoy”). She underlined that Mr S.P., Mr E.B., the head of the Chechnya Department of the Interior (“the Chechnya MVD”), and Mr D.U., her brother’s former ROVD colleague, had information on |
V. Gusovschi | 5. The applicants were born in 1949, 1953, 1919 and 1957 respectively. The first two applicants live in Hagimus; Mr V. Gusovschi lives in Tighina and Mr A. Gusovschi is interned in a psychiatric hospital in Chişinău. Ms |
Bettencourt | 18. The article also contained comments made by Mrs Bettencourt on 13 May 2008, in a box headed: “Exclusive: what Liliane Bettencourt told the police”. The journalist, after quoting extracts from the statement showing that Mrs |
Ali Magomadov | 16. The second and third applicants are the wife and mother of Ali Baudinovich Magomadov, born in 1966. The applicants' family live in Chechen-Aul in their own house at 81 Lenina Street. The second applicant has four minor children, who in October 2002 were aged between 2 and 11, from her marriage to |
Mehdi Akdeniz | 62. Mehmet Nuri Sansar, the headman (muhtar) of the Karaorman village at the time of the alleged events, was questioned by the Kulp Prosecutor on 15 April 1998. Mr Sansar stated that on 20 February 1994 he had been in the Karaorman village mosque praying, when two soldiers had come in and asked those present to leave the mosque. Mr Sansar and the villagers in the mosque had complied with this order and left the mosque. Mr Sansar had then seen that the village had been surrounded by soldiers and that the villagers had been gathered outside the village. The commander of the soldiers had called Mr Sansar over and told him that food supplies had been brought to the Karaorman village by vehicles and that, from the village, they had been taken by mules to the PKK in the mountains. The commander asked Mr Sansar for the identity of the villagers who had carried the foodstuff to the PKK. When Mr Sansar replied that he did not know, the soldiers had taken him away and beaten him. Among the soldiers there had also been an itirafçı, whose face was covered. The itirafçı had not spoken a word but pointed to the six persons. All six persons had been taken away and all but |
Magomed Cherkasov | 239. On an unspecified date the first applicant complained to the investigators that the investigation had been ineffective and requested that it be resumed. In particular, she pointed out that even though the three eyewitnesses to the abduction lived in the village of Verkhniy Noyber, they had not been questioned by the investigation. She further stated that on the day of her son’s disappearance, those witnesses had seen |
A.R. “Vanagas” | 56. Lastly, the Supreme Court noted that the fact that the applicant had taken part in an operation in 1956, after active armed resistance to the Soviet occupation had ended [as noted by the Constitutional Court, such active armed resistance took place between 1944 and 1953], had no bearing on the classification of his actions as genocide. Actions could qualify as genocide even if they had not been committed during one single period. In the applicant’s case, it was paramount that his and the KGB’s actions had been prompted by one single goal, namely to physically exterminate all or part of the members of a protected group. The case-file documents showed that the Soviet authorities’ goal of completely eliminating the leadership and members of the national resistance had remained in place even after the period of their active resistance was over. In this connection it was also pertinent that |
Nazime Ceren Salmanoğlu | 31. The applicants alleged that they had been subjected to various forms of ill-treatment (see paragraph 10 above). They further submitted that they had not stated on 12 March 1999 before the public prosecutor and the judge that they had been subjected to ill-treatment as they were scared. |
Bisar Nibak | 61. The witness, a Boyunlu village guard, was told on the radio that terrorists had opened fire on his brother and others who were chopping wood. They informed the Bayrambası gendarme station immediately. The gendarmes told them to go to the location of the incident where they themselves would arrive shortly. The guards arrived at the place of the clash. The terrorists were running away. The guards followed them. The terrorists entered Ormandışı village. The guards took position to the south and on the hill. There was an exchange of fire. The terrorists started to run away and got into a tractor shortly before nightfall. A helicopter arrived. The officer brigade commander was in it. The helicopter fired on the terrorists in the tractor. During the clash, a fire broke out in the crops surrounding the village. Darkness fell. First Lieutenant Hakan told the guards to return to Boyunlu. He later heard that there were two dead villagers but the guards had not killed anyone. |
Khamzat Merzhoyev | 114. On 12 May 2004 the investigation questioned Mr A.E., the head of the Katyr-Yurt administration. Mr A.E. testified that at around 4 a.m. on the night of 23 November 2003 he had been woken up by relatives of |
Nideröst-Huber | 19. However, the decision of the Supreme Court was not unanimous, as one of the judges in his dissenting opinion stated the following:
“One of the basic principles of court proceedings is that all relevant material submitted to the court and which may have a bearing on the outcome of the case, shall be communicated to the parties (Supreme Court’s decision No. 1995:95). According to the case-law of the European Court of Human Rights ( |
Akhmed Buzurtanov | 67. The investigators also questioned Mr Akhmed Buzurtanov’s friend, Mr M.P., a police officer, who stated that at about 11 p.m. on 6 December 2012 he had been driving home when he had seen Mr Akhmed Buzurtanov’s white car with a dent in the front. The car had skidded and had been driven erratically. The witness had then seen two cars, one of which was a silver‑coloured Lada–Priora, following Mr |
Pantelis Yiorgalla | 12. In its judgment of 23 November 2001 the Supreme Court, by a majority (Judges Artemides, Nicolaides, Kallis, Iliades, Kramvis and Gavrielides), held that sections 22(3) and 25(1) of the Children Law complied with the relevant provisions of the Constitution and the Convention. In particular, the Supreme Court noted the following:
“The applicant's lawyer suggests that the violation of Articles 15 and 30 of the Constitution is caused by the fact that the applicant learnt the identity of her natural father in 1997. It was, consequently, objectively impossible to lodge the application for her recognition within the three-year period from the date the Law came into force. Therefore, as he concludes, Article 30 § 1 of the Constitution is also violated because the applicant is deprived of access to court to assert her statutory right, a right which originates directly from Article 15 of the Constitution, which protects private and family life. A further suggestion of the applicant's lawyer, concerning unfavourable discrimination caused by the different time-limits for the exercise of other rights that are provided for by the Law, we will not deal with because it was not pursued.
...
The matters raised are extremely serious because they touch on the institution and the function of the family: the most important nucleus of society, the members of which are bound by the deepest and purest feelings of love and solidarity. The State considers self-evident the value of the institution of the family, which it also protects in its most powerful statute, the Constitution. This also regulates the whole range of family relationships – also on the basis of the criterion of their lawful functioning in society as a whole – in legislative rules which constitute the basis of the body of law known as Family Law.
The basis of our discussion is Articles 15 and 30 of the Constitution, corresponding to Articles 8 and 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which was ratified by our House of Representatives by Law No. 39/62. Accordingly, the decisions of the European Court of Human Rights and the Commission on the matters with which we are concerned illustrate the approach to be taken, as does our jurisprudence .
...
In the recent decision of the Full Court of the Supreme Court in |
Ramiz Asani | 12. On 11 May 2007 another individual was examined before the investigating judge and the public prosecutor under the pseudonym “Vardar” for the same reasons as the witness “Vodno”. He confirmed that Mr |
Janusz Strzałkowski | 9. On 3 October 2001 the applicant was served with the decision concerning the date fixed for the hearing. On the same date the court gave a decision ex officio concerning the applicant’s presence at the hearing. By a letter from the court’s registry, served on the applicant on 12 October 2001, he was informed of that decision. The letter read:
“The Warsaw Court of Appeal states that by a decision of 3 October 2001 it has decided not to bring the accused |
Vraniškovski | 39. An article published in the daily newspaper Večer on 23 November 2006 reported on discussions held between the Prime Minister of the respondent State and the Archbishop of the MOC regarding certain provisions of the 2007 Act. Following that discussion, the majority of bishops in the MOC, as stated in the article, had requested that the MOC should not accept any compromise which would prevent it from protecting itself against a parallel church, led by Mr |
Amir Pokayev | 20. The military forced all the men of the third applicant’s family into the courtyard and checked their papers. The soldiers seized Mr Amir Pokayev’s temporary identity document and took it to one of the UAZ cars. Then they said that they would take the third applicant’s son with them so as to check his documents through a computer database. The military further stated that they would bring Mr |
Petros Kakoulli | 70. In his statements concerning the conclusions he had reached at the end of the investigation into the killing of Petros Kakoulli, Inspector Tazeoğlu expressed the view that Private Harun Avşar had acted in accordance with the instructions given to him. Private Avşar had given the necessary warnings and had shot and killed |
Artur Shilbergis | 42. On 21 August 2001 a local newspaper, “Komsomolskaya Pravda v Kaliningrade”, published an article entitled “Cranberry Drink” (“Кисель из Клюквы”). The article concerned the killing of a prominent mafia leader in the town of Neman. The reporter described how police officers had chased a stolen car in which the “driver-thief” and the mafia leader were travelling. The parts of the article which concerned the applicant read as follows:
“During questioning the driver-thief |
Shchiborshch | 55. On 20 January 2007 police officer F. of the special unit was questioned. Answering the investigator’s questions concerning police training in any martial arts, he submitted that D-n. and Kh. were snipers, whereas B. and S. had no special qualifications. He further stated that tear gas, light-sound distraction tools or devices for demolishing barriers were not used while apprehending Mr |
Usman Mavluyev | 57. On the same date the district prosecutor's office requested the head of the Achkhoy-Martan district department of the interior (ROVD) to identify close relatives of Usman Mavluyev residing in Zakan-Yurt and to check whether he had been a member of an illegal armed group. At the same time the head of the Zavodskoy ROVD was requested to establish which units of the federal forces had been deployed at the checkpoint in Chernorechye, which officers had been on duty at the checkpoint on 8 January 2000, to identify close relatives of |
Yusuf Ekinci | 14. Later that day, at about 12.30 p.m., road workers found the body of Yusuf Ekinci along the E-90 TEM highway in Gölbaşı on the outskirts of Ankara, i.e. 1.5 kilometres from the Doktorlar Sitesi neighbourhood and 1 kilometre in the direction of Eskişehir. They informed the police. |
Aron Lingurar | 8. When the police entered the next room they found the third applicant (Mr Aron Lingurar, born in 1985) with his wife. They dragged him onto the ground, kicked him and shouted abuse. The first applicant (Mr |
Yusup Satabayev | 55. On 12 October 2006 the applicant was questioned. She confirmed the account of the events provided in her previous statements and in the statements of Kheda Aydamirova. On the basis of the video footage she identified one of the bodies found near the village of Goy-Chu as |
Gazimagomed Abdullayev | 31. On 18 May 2012 the investigators questioned operational search officer Mr A.G. of the CTC, who stated that the Abdullayev family had been known to them as adherents of illegal armed groups. At the end of January 2012 he had participated in a search of their house conducted together with police officers from the Kirovskiy district police station in Makhachkala (see paragraph 27 above). The search had been conducted in connection with an investigation into the murder of an FSS officer. After the search, the second applicant and her mother had been taken to the CTC headquarters to provide statements to the investigators. The witness had learned of the abduction of |
M. Yuldashev | 26. On 16 December 2008 the Tverskoy District Court rejected the applicant's complaint for the following reasons:
“...under the provisions of Article 125 of the Russian Criminal Procedure Code... decisions and actions (omissions) [of authorities involved in criminal proceedings]... could be appealed against to the District Court...
... from the submitted materials it follows that ...no investigation by the Russian authorities is being conducted against |
Shamsudi Alisultanov | 356. The Basnukayevs and the Alisultanovs were neighbours. Mr Mausyr Basnukayev lived with his family, including the first to fifth applicants. Mr Vakha Alisultanov lived with his family, including the sixth to eighth applicants, and his son, Rustam. His brother, Mr |
Gordana Getoš-Magdić | 53. On 12 February 2008 the Zagreb County Court extended the applicant's detention and at the same time dismissed her request for the custodial measure to be lifted. The relevant part of the decision reads:
“A reasonable suspicion that the third [the applicant], fifth and sixth defendants committed the criminal offences defined in the indictment still exists, this being a general statutory requirement under Article 102 § 1 of the C[ode of] C[riminal] P[rocedure] for extending the detention.
The third, fifth and sixth defendants have been indicted for criminal offences against humanity and international law – war crimes against the civilian population – under Article 120 § 1 of the Criminal Code, carrying a minimum of five years' imprisonment or imprisonment for twenty years; this is one of the criteria for detention under Article 102 § 1(4) of the CCP.
Furthermore, the third, fifth and sixth defendants have been indicted for the gravest acts which could possibly be committed against the civilian population, namely illegal arrests, torture and killings of civilians. The civilians were tortured and killed for no reason and the motive was national hatred.
The charge against the third defendant, |
Ramirez Sanchez | 58. On 23 May 2001 the doctor in charge of the Outpatient Consultation and Treatment Unit (“the OCTU”) wrote to the governor of La Santé Prison in these terms:
“I have met Mr Ilich Ramirez Sanchez ... as I was asked for an opinion on whether there is any contraindication to this patient’s remaining in solitary confinement.
Even though Mr |
M. Kaplanov | 79. In response, the Government submitted an update on the investigation but no documents from the investigation file except for decisions to suspend and resume the investigation and the decision to grant victim status to Mr |
Magomed Elzhurkayev | 148. On the same morning an acquaintance of Mr Magomed Elzhurkayev was arrested by the North Caucasus Regional Department for the Fight Against Organised Crime (Северокавказское региональное управление по борьбе с организованной преступностью) (“the RUBOP”). He was detained in a detention facility for five days and then released. He stated that he had been held in the same facility with Mr |
Shamil Khalidov | 34. On 25 September 2003 the Nadterechny prosecutor’s office informed the SRJI and the first applicant that there was no proof of Mr K.’s implication in the Khalidovs’ disappearance and explained that it had not instituted proceedings regarding the kidnapping of Isa and |
Jonathan Rugman | 22. On 24 May 2007 the applicants submitted their written defence submissions to the first-instance court, together with a request for the lifting of the interim injunction. The applicants argued, inter alia, that the statement under consideration in the present case was a direct quote from an interview that Mr Gül had given to a journalist from The Guardian on 27 November 1995; that this interview had also been reported in the Turkish daily Posta; that the subsequent article published by The Guardian on 15 December 1995 did not constitute a “correction” as alleged, as it did not entail a denial or retraction of the previous statement; that in a statement he had made to the newspaper Hürriyet, the Guardian journalist |
Ilyas Movldiyevich Yanusov | 16. In the Government's submission, on 13 February 2003 at about 4 a.m., unidentified persons in camouflage uniforms and masks armed with automatic firearms entered flat no. 110 at 24 Ioanisiani Street in Grozny, where they beat and tied the seventh applicant, abducted Mr |
Rodrigues da Silva | 28. The High Court found it clear that the refusal to grant residence permits constituted an interference with the applicants’ rights under paragraph 1 of Article 8 of the Convention. In considering whether the interference was justified under paragraph 2, the central question was whether the measure was “necessary in a democratic society”. The High Court had regard to the consideration that where family life has been created at a time when the persons involved were aware that the immigration status of one of them was such that the persistence of that family life within the host State would from the outset be precarious the removal of the non-national family member would be incompatible with Article 8 only in exceptional circumstances ( |
Jaho Mulosmani | 75. The court further found that the applicant, together with F.H, had acted as organiser and executor of the murder of the MP and one of his bodyguards. The applicant arranged the trip of 10 September 1998 from Bajram Curri to Tirana at the request of F.H. Moreover, he was directly involved in procuring the means for the commission of the crime. This was confirmed by the testimonies of S.L, P.G and G.B, and, particularly, by the testimony of A.L. The decision, in so far as relevant, reads as follows:
“On the basis of the evidence that has been collected, the court is convinced that one of the authors of the crime... is the accused, |
Süleyman Eryılmaz | 16. By a letter dated 7 February 2003, the applicants’ former lawyer informed the Court that the judgment of 18 June 2001 had been served on Ferit Çengelli on 3 February 2003 upon his request, and that the proceedings against |
Ali Khadayev | 31. On 12 February 2003 the Urus-Martan District Prosecutor’s Office instituted criminal proceedings under Article 126 (2) of the Russian Criminal Code (aggravated kidnapping) in connection with the disappearance of Mr |
Sultan Khatuyev | 5. The applicant was born in 1969. A native of Chechnya, from 1996 she lived in the settlement for internally displaced persons from Chechnya in the village of Ordzhonikidzevskaya (also known as Sleptsovskaya), in the Ingush Republic of the Russian Federation (Ingushetia). The applicant later left Russia with her children and sought asylum in another country, where she now resides. She is the wife of |
Khanchukayev | 187. Mr Bakashvili, an employee of the Ministry of Security, had led a team of investigators in the proceedings against the applicants for crossing the border illegally. He had personally dealt with the cases of Mr |
Murad Gelayev | 32. On 3 April 2002 the first applicant complained to the Chechnya prosecutor about his son's abduction. He stated that Murad Gelayev had been abducted with thirteen other residents of Gikalo during a special operation conducted by a group of federal servicemen in military armoured vehicles; that the servicemen had beaten the detainees and their relatives with rifle-butts; that shortly after the abduction the applicant had found out that his son had been detained in the basement of the Oktyabrskiy VOVD where, in the presence of many witnesses, one ear had been cut off as a souvenir from both |
Dorota Jucha | 13. The District Court found as follows:
“Having regard to the established facts it is reasonable to assume that the acts of the accused Dorota Jucha and Tomasz Żak matched the features of the offence of defamation in its aggravated form specified in Article 212 § 2 of the Criminal Code.
In the light of the wording of Article 212 it is generally prohibited to speak badly about another person without a legitimate interest, and the allegation levelled is an imputation when it concerns the behaviour of the defamed person or his characteristics and amounts to imputing to such a person the commission of an offence or failure to fulfil his duties.
The entire significance of the article entitled “Marek C. in episodes (2)” published on 4 February 2004, which may be summarised by reference to its subtitle “Councillor – offender?” came down to quoting a sequence of events which were to present the private prosecutor as an offender (przestępca). Speaking of somebody as an offender has a clearly pejorative meaning for public opinion; it may even be said to be “utterly disgraceful”. The fact that the allegation was not categorical, and that in the present case the subtitle Councillor – offender was followed by a question mark, is not relevant so far as concerns the features of the offence of defamation (as submitted in particular by |
Murat Ekinci | 99. On 15 October 1999 the applicants Behsat Örs, Ercan Akpınar, Cenker Aslan and Özgür Soylu were heard pursuant to letters rogatory. However, they refused to give evidence before speaking to their lawyers.
On the other hand, applicant |
Petros Kakoulli | 54. Dr Peter Vanezis, from the Department of Forensic Medicine and Science at the University of Glasgow, carried out a post-mortem examination at Larnaca General Hospital on 14 October 1996 on the body of |
Halit Şaylı | 34. This report aims at indicating the property owned by the applicant. Following an investigation carried out by the authorities it appeared that the applicant owned a house and a plot of land measuring 19,506 metres square according to the records of the land registry office. He has another plot of land measuring 31,000 metres square according to the municipal registry office. It was estimated that the applicant could derive 816,000,000 Turkish liras’ income from his lands. The applicant does not have any registered trees. According to the official records, he did not have any commercial activity given that he did not pay any tax.
(b) |
Timur Khambulatov | 25. On 29 June 2004 the district prosecutor’s office instituted an investigation into the death of Timur Khambulatov under Article 105 § 2 of the Russian Criminal Code (aggravated murder). The case file was given the number 40046 (in the submitted documents also referred to as 40560, 40026 and 40506). The text of the document included the following:
“... On 18 March 2004 ... |
Paul GINIEWSKI | 19. In a judgment of 14 December 1998, the Orléans Court of Appeal, ruling on the civil claims and following the Court of Cassation's analysis, upheld the judgments of 4 October 1994 and 8 March 1995 in so far as they concerned the applicant. The Court of Appeal made a new award of FRF 10,000 to the AGRIF on the basis of Article 475-1 of the Code of Criminal Procedure. It also ordered that the following statement be published, at the defendant's expense, in a national newspaper of the civil party's choice:
“By a judgment of 14 December 1998, the Orléans Court of Appeal ordered |
Ruslan Kasumov | 8. On the night of 2 to 3 February 2003 Ruslan Kasumov stayed overnight at the house of his relative, Mr Sh.D., at 4 Proletarskiy Alley, the village of Pervomayskaya. At about 2 a.m. on 3 February 2003 four armoured personnel carriers (“APCs”) and four Ural vehicles pulled up in front of that house and around thirty armed men wearing camouflage uniforms broke inside it. Some of them wore masks. The men did not identify themselves; they shouted at the inhabitants in Russian. Then they took Mr Sh.D. and |
Magomed-Ali Ilyasov | 77. Between 27 February and 18 April 2003 the authorities mentioned in paragraphs 74-76 above reported to the district prosecutor’s office that the law-enforcement authorities had not arrested the Magomed-Salekh and |
Gaberamadhien | 18. As stated above, the decision to hold the applicant in the waiting zone for forty-eight hours was taken by the administrative authority on 1 July 2005 at 11 a.m. (see paragraph 11 above). The measure was extended for a further forty-eight hours on 3 July.
On 5 July 2005 the liberties and detention judge (juge des libertés et de la détention) of the Bobigny tribunal de grande instance – before whom the applicant had appeared, assisted by a lawyer and an interpreter – authorised the holding of the applicant for a further eight days, in an order giving the following reasons:
“Mr |
Sergey Marusev | 7. The applicant’s 6 year old son, Sergey, suffered from a serious congenital heart disease. On 8 February 1995 he died during heart surgery in a State-owned clinic. The applicant requested the Smolensk town prosecutor’s office to investigate her son’s death. She suspected that he had died as a result of medical negligence. On several occasions the case was opened and then closed by the prosecutor’s office on the ground that no fault on the part of the doctors had been established. The conclusions of the investigative authorities relied, in particular, on the results of the forensic examination carried out after the death of |
Ibragim Tsurov’s | 12. On 26 May 2003 the military prosecutor’s office of military unit no. 20102 (“the unit prosecutor’s office”) informed the first applicant that an inquiry had established that no military personnel had been implicated in |
Rebart Vakhayeva | 65. On the same date and on 26 April 2008 the head of the Urus-Martan ROVD was instructed to identify eye-witnesses to the murder and burial of the four corpses near the village of Goy-Chu, and the person who had handed over the video footage of the bodies to |
Pla Puncernau | 10. The first applicant, Mr Antoni Pla Puncernau, who was born in 1966, is the adopted son of the second applicant, Mrs Roser Puncernau Pedro. The second applicant was the first applicant’s supervisor, as Mr |
Minister of Finance | 12. On 3 August 2001 the parliamentary group of the National Movement Simeon II held a closed‑doors meeting in the National Assembly in order to discuss, inter alia, the candidates for the position of deputy |
Cemal Doğan | 10. The applicants Abdullah Doğan, Ali Rıza Doğan, Ahmet Doğan, Kazım Balık, Müslüm Yılmaz and Yusuf Doğan (applications nos. 8803/02, 8805/02, 8806/02, 8811/02, 8815/02 and 8817/02 respectively) owned houses and land in Boydaş, whereas the other applicants cultivated land and lived in the houses owned by their fathers.
In particular, |
Che Guevara | 22. On 15 June 2008 the applicant was questioned in hospital by an investigator from Nasimi District Police Station no. 22. The applicant described in detail the circumstances of his arrest and detention by the police on 14 June 2008. In particular, he stated that on 14 June 2008 he had attended the gathering commemorating the eightieth anniversary of the birth of |
Joselito Renolde’s | 34. Dr L., the psychiatrist in charge of the SMPR, confirmed that the SMPR had supplied Joselito Renolde with medication for several days in his cell twice a week, on Tuesdays and Fridays, without the nurses checking whether he actually took it. He pointed out that, where a prisoner’s mental state required regular attention, the doctor ordered the medication to be taken daily in the SMPR in the presence of the nurses. In |
Magomed Umarov | 58. During the investigation, the Chechen Department of the Federal Security Service of Russia (Управление Федеральной службы безопасности РФ по Чеченской Республике) submitted information to the effect that |
Ali Kemal Mart | 17. On 24 April 2002 three of the applicants, namely Ali Kemal Mart, Göksel Avcı and Ertuğrul Saraçoğlu, together with another person M.D., who had also been in police custody with the applicants between 27 April and 4 May 2001, initiated proceedings before the Diyarbakır Assize Court and requested compensation for the time they had spent in police custody. On 10 December 2003 the court awarded 500,000,000 Turkish liras (TRL) –approximately 300 euros- each to |
and Kingdom Relations | 45. In its judgment of 5 June 2003, the Rotterdam Regional Court acquitted the applicant and his co-accused of all charges, finding that these had not been legally and convincingly substantiated. The Rotterdam Regional Court held that the BVD/AIVD official reports submitted by the prosecution could not be used in evidence, as the Head and Deputy Head of the AIVD – who had been examined by the investigation judge as well as before the Regional Court – and the national public prosecutor responsible for combating terrorism had refused to give evidence about the origins of the information set out in these official reports, invoking their obligation to observe secrecy under the 2002 Intelligence and Security Services Act whereas, in accordance with a decision of 2 May 2003, the Minister of the Interior |
the Commissario della Legge | 82. On 1 August 2008 the first applicant’s submissions included a request for a continuous period of mother-child care to allow her to take the child on holiday, after she had been confined to San Marino for nearly six months. On the same day |
the Director | 29. In challenging his conviction he repeated his arguments concerning the involuntary nature of his confession, the circumstances in which it had been taken and the violation of his right to the assistance of a lawyer. In particular, it was emphasised that |
Zlatko Topić | 18. On the same day, the Rijeka Municipal Court found the applicant guilty and sentenced him to a suspended sentence of three months’ imprisonment with one year’s probation. The Rijeka Municipal Court relied on the witness statements of the police officers, seizure records and a forensic expert report confirming that the green substance was marijuana. In connection with the refusal to take further evidence, that court noted:
“This court dismissed the defence’s request for witnesses I.Š., U.V. and J.M. to be questioned, since it considered that all the relevant facts had been sufficiently established and that therefore questioning of these witnesses would be redundant. The request of the second accused, |
Bekir Balkandali | 29. Moreover, the majority in the Supreme Court (four judges) found that the 28-year rule was in compliance with Article 8 of the Convention read in conjunction with Article 14 of the Convention. They stated as follows:
“Pursuant to section 9, subsection 7, as worded by Act No. 1204 of 27 December 2003, the requirement that the spouses’ or cohabitants’ aggregate ties with Denmark must be stronger than their aggregate ties with another country (the attachment requirement) does not apply when the resident has been a Danish national for 28 years (the 28-year rule).
Until 2002, Danish nationals had had a general exemption from the attachment requirement. Act No. 365 of 6 June 2002 tightened the conditions of family reunion, one of the consequences being that the attachment requirement would subsequently also apply to family reunion where one of the partners was a Danish national. One of the reasons for extending the attachment requirement to include Danish nationals also given in the preparatory work (on page 3982 of Schedule A to the Official Gazette for 2001 to 2002 (2nd session)) is that there are Danish nationals who are not particularly well integrated in Danish society and for this reason the integration of a spouse newly arrived in Denmark may entail major problems.
It quickly turned out that this tightening had some unintended consequences for persons such as Danish nationals who had opted to live abroad for a lengthy period and who had started a family while away from Denmark. For that reason, the rules were relaxed with effect from 1 January 2004 so that family reunion in cases where one of the partners had been a Danish national for at least 28 years was no longer subject to satisfaction of the requirement of stronger aggregate ties with Denmark.
According to the preparatory work in respect of the relaxation, the Government found that the fundamental aim of tightening the attachment requirement in 2002 was not forfeited by refraining from demanding that the attachment requirement be met in cases where the resident had been a Danish national for 28 years (see page 49 of Schedule A to the Official Gazette for 2003 to 2004). It is mentioned in this connection that Danish expatriates planning to return to Denmark one day with their families will often have maintained strong ties with Denmark, which have also been communicated to their spouse or cohabitant and any children. This is so when they speak Danish at home, take holidays in Denmark, read Danish newspapers regularly, and so on. Thus, there will normally be a basis for successful integration of Danish expatriates’ family members into Danish society.
Persons who have not been Danish nationals for 28 years, but were born and raised in Denmark, or came to Denmark as small children and were raised here, are normally also exempt from the attachment requirement when they have stayed lawfully in Denmark for 28 years.
A consequence of this current state of the law is that different groups of Danish nationals are subject to differences in treatment in relation to their possibility of being reunited with family members in Denmark, as persons who have been Danish nationals for 28 years are in a better position than persons who have been Danish nationals for fewer than 28 years.
According to the case-law of the European Court of Human Rights, nationals of a country do not have an unconditional right to family reunion with a foreigner in their home country, as factors of attachment may also be taken into account in the case of nationals of that country. It is not in itself contrary to the Convention if different groups of nationals are subject to statutory differences in treatment as regards the possibility of obtaining family reunion with a foreigner in the country of their nationality.
In this respect, reference is made to paragraph 88 of the judgment delivered by the European Court of Human Rights on 28 May 1985 in the case of Abdulaziz, Cabales and Balkandali v. the United Kingdom. In this case the Court found that it was not contrary to the Convention that a person born in Egypt who had later moved to the United Kingdom and become a national of the United Kingdom and Colonies was treated less favourably as regards the right to family reunion with a foreigner than a national born in the United Kingdom or whose parent(s) were born in the United Kingdom. The Court said in that respect: ‘It is true that a person who, like Mrs Balkandali, has been settled in a country for several years may also have formed close ties with it, even if he or she was not born there. Nevertheless, there are in general persuasive social reasons for giving special treatment to those whose links with a country stem from birth within it. The difference of treatment must therefore be regarded as having had an objective and reasonable justification and, in particular, its results have not been shown to transgress the principle of proportionality.’ The Court then held that Mrs Balkandali was not a victim of discrimination on the ground of birth.
As regards Mrs Balkandali, who was a national of the United Kingdom and Colonies, it was not contrary to the Convention to make it an additional requirement for family reunion that she must have been born in the United Kingdom. A different additional requirement is made under Danish law: a requirement of Danish nationality for 28 years. The question is whether [the first applicant] is subjected to discrimination contrary to the Convention owing to this criterion.
We find that the criterion of 28 years of Danish nationality has the same aim as the requirement of birth in the United Kingdom, which was accepted by the Court in the 1985 judgment as not being contrary to the Convention: to distinguish a group of nationals who, seen from a general perspective, had lasting and strong ties with the country.
In general, a person of 28 years who has held Danish nationality since birth will have stronger real ties with Denmark and greater insight into Danish society than a 28-year-old person who – like [the first applicant] – only established links with Danish society as a young person or an adult. This also applies to Danish nationals who have stayed abroad for a shorter or longer period, for example in connection with education or work. We find that the 28-year-rule is based on an objective criterion, as it must be considered objectively justified to select a group of nationals with such strong ties with Denmark when assessed from a general perspective that it will be unproblematic to grant family reunion with a foreign spouse or cohabitant in Denmark as it will normally be possible for such spouse or cohabitant to be successfully integrated into Danish society.
Even though it is conceivable that a national who has had Danish nationality for 28 years may in fact have weaker ties with Denmark than a national who has had Danish nationality for a shorter period, this does not imply that the 28-year rule should be set aside pursuant to the Convention. Reference is made to the case, relative to the then applicable additional British requirement of place of birth considered by the European Court of Human Rights, of a national who was not born in the United Kingdom, but who had in reality stronger ties with the United Kingdom than other nationals who satisfied the requirement of place of birth, but had moved abroad with their parents at a tender age or maybe had even been born abroad. It is noted in this respect that it was sufficient to satisfy the then British requirement of place of birth for only one of the relevant person’s parents to have been born in the United Kingdom.
We also find that the consequences of the 28-year rule cannot be considered disproportionate relative to [the first applicant]. [He] was born in Togo in 1971 and came to Denmark in 1993. After nine years’ residence, he became a Danish national in 2002. In 2003 he married [the second applicant] and applied for reunion with his spouse in Denmark. The application was finally refused in 2004. The factual circumstances of this case are thus in most material aspects identical to Mrs Balkandali’s situation assessed by the Court in its judgment in 1985, when the Court found that the principle of proportionality had not been violated. She was born in Egypt in 1946 or 1948. She first went to the United Kingdom in 1973 and obtained nationality of the United Kingdom and Colonies in 1979. She married a Turkish national |
the Justice of the | 13. The applicant appealed to the Pospelikhinskiy District Court and sought leave to appear before the appeal court. By an interim decision of 12 September 2007, the District Court refused the applicant leave to appear, finding that the Code of Civil Procedure did not provide for escorting detained litigants to courts hearing civil cases. On 10 October 2007 the Pospelikhinskiy District Court upheld the judgment on appeal, endorsing the findings of |
Ayhan Çarkın | 39. The lawyers also pointed to the testimony given by officer Aküzüm (see paragraph 36 above) in his capacity as a witness, confirming that he had also opened fire on the deceased persons. The lawyers stated that their request to have Mr Aküzüm prosecuted had been rejected. They alleged that their request for the defendant |
Mehmet Nuri Özkan | 21. Most of the detained villagers were released either on 9 or 16 March 1993. They appeared before public prosecutors at Eruh (Siirt district) and many complained of the torture that they had suffered. On 30 April 1993 a number of the men were charged with terrorist offences, which were to be tried before the Diyarbakır State Security Court. A number of villagers remained in custody until approximately June 1993. Two villagers, |
Arbi Karimov | 77. On an unspecified date the investigators questioned the applicant’s neighbour, Mr I.B., who stated that at about 2.30 a.m. on 11 January 2003 he had been woken by the noise of vehicles. From the window he had seen an APC and a khaki Ural vehicle and heard people talking among themselves in Russian. Twenty minutes later the vehicles had left and he had gone outside. His neighbours had told him that these men had taken away |
Vladimir Voronin | 5. On 31 October 2002 Ţara published an article entitled “While ignoring the legislation on fair competition, the Stepaniuc clan is taking away the property of others by blackmail”. It reported by partly citing and partly summarising a letter addressed to the President of Moldova by a transport company, which used to operate several bus lines linking Chişinău with other towns. The article read, inter alia, as follows:
“The other day Ţara received a document with a very interesting content. It is a letter addressed to President |
Jean-Marie Le Pen | 19. The Court of Appeal further dismissed the argument that the applicants had acted in good faith, on the following grounds:
“Defamatory allegations are deemed to have been made in bad faith unless the defendant can show that they fulfil all of the following conditions: they must correspond to the pursuit of a legitimate aim; they must not reflect any personal animosity on his part towards the civil party; there must have been a serious preliminary investigation; and the language used must be dispassionate.
In the present case, the legitimacy of the aim pursued by the defendants through the novel, namely ‘to fight against |
Kharun Vezirov | 81. On 2 September 2004 the investigators questioned the first applicant again, who stated that he suspected that the abduction of his sons had been perpetrated by State agents because of his family’s kinship with a certain Mr Abubakar, who had been an active member of illegal armed groups. He also stated that his son Mr |
Abdülhakim Güven | 470. Mr Demırham was recorded as stating that he had commenced sympathising with the PKK at school where its publications were circulated. Once in legal practice, he visited clients in prison and met people like |
Fatma Güler | 18. On 6 October 2008 the Lice prosecutor sent the investigation file to the Diyarbakır prosecutor who had jurisdiction to investigate incidents perpetrated by illegal organisations. In his letter accompanying the file the Lice prosecutor named the first applicant |
R. Tsartsidze | 17. According to the applicants, on 16 September 2000 a large number of Jehovah’s Witnesses departed for a meeting in Marneuli (Eastern Georgia). The police had set up checkpoints along the route, blocking the roads and preventing the Witnesses from arriving at their destination. Nineteen buses and several cars stopped by the police were obliged to turn back. Meanwhile, the police allowed a bus carrying Orthodox believers to continue to Marneuli. Upon arrival, the group of Orthodox believers burst into the property belonging to |
A. Mukayev’s | 37. On 27 December 2007 the applicant’s lawyers appealed to the supervisory prosecutor against the investigators’ decisions in respect of the applicant’s complaint of ill‑treatment and requested that the prosecutor recognise as unlawful the following:
“(a) the delays in the verification of |
Mehmet Salih Acar | 174. On 30 May 2000, in response to the complaint filed by Meliha Dal, the Diyarbakır public prosecutor decided not to open an investigation. This decision reads:
“The complainant stated in her petition that her brother had disappeared six years ago and that nothing had been heard from him since, that she recognised one of the men shown on a news programme in February about persons apprehended during operations conducted against the terrorist organisation Hizbullah, that this man's name was the same as her brother's, and that she wished to be given the opportunity to watch a video recording [of the news broadcast] so that she could identify her brother.
It has been stated in the Muş Chief Public Prosecutor's decision of non-jurisdiction dated 2 May 2000 that the person detained in the province of Muş – a man called |
Mesut Dündar | 35. On the basis of a report prepared by the Forensic Medicine Directorate on 25 October 1991, which stated that Mesut Dündar was seriously, mentally impaired, the trial court held that Mesut Dündar could not be held criminally responsible for his actions. On 17 December 1991 the trial court ordered |
Yunus‑Bek Yevkurov | 10. On 20 and 24 December 2012 a local newspaper published an article concerning a meeting held on 17 December 2012 (in the documents submitted the date was also referred to as 20 December 2012) by the President of Ingushetia, Mr |
the Minister of the Interior | 118. V.S.-dze confirmed that at one point Th.M.-dze had gone over to another table and at another juncture the Minister of the Interior’s wife had sent O.M.-ov to buy her some cigarettes. According to V.S.-dze, O.M.‑ov had returned 15-20 minutes later. V.S.-dze did not smoke. He too said that there had been no incident or altercation between his friends and any other person in the café.
v. T.S.-aia, |
Vitalie Colibaba | 25. On 26 June 2006 the Prosecutor General of the Republic of Moldova, Valeriu Balaban, wrote a letter to the Moldovan Bar Association, in which he stated, inter alia, the following:
“Lately, the Prosecutor General's Office has been confronted with the phenomenon whereby some Moldovan lawyers involve international organisations specialising in the protection of human rights in the examination by the national authorities of criminal cases. These organisations are used as an instrument for serving personal interests and for avoiding the criminal responsibility of suspected persons.
Examples of such incidents are the case of G., triggered by the lawyer A.U., and the case of |
Brigadier Moore | 26. However, Brigadier Moore decided that from 28 July 2003 this policy should be revised. The new policy required that all such incidents should be reported immediately by the soldier involved to the Multinational Division (South-East) by means of a “serious incident report”. There would then be an investigation into the incident by the Company Commander or the soldier’s Commanding Officer. In his evidence to the domestic courts, |
Ante Dragojević | 9. The investigating judge granted the request and on the same day issued an order for the use of secret surveillance measures. Its statement of reasons reads as follows:
“On 23 March 2007 the OSCOC lodged a request, no. ..., for secret surveillance measures under Article 180 § 1 (1) and (3) of the Code of Criminal Procedure in respect of |
Abu Al-Hassan | 12. The first group of charges relates to the taking of sixteen hostages in Yemen in December 1998, four of whom died during a rescue mission conducted by Yemeni forces. The indictment charges the fourth applicant with conspiracy to take hostages and hostage taking and relates principally to his contact with the leader of the hostage takers, |
the Minister of the Interior | 75. As with the 2014 order, the Minister of Justice reiterated the regime’s rationale and purpose and provided an overview of information provided by different police bodies, prosecution offices, and |
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