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Suren Muradyan | 55. On an unspecified date the court proceedings into the disjoined criminal case against officers V.G. and D.H. on account of insult commenced at the Syunik Regional Court of Armenia, sitting in Stepanakert (Nagorno Karabakh). It appears that officer V.G. pleaded guilty and admitted that he had sworn at and pushed |
Ilgar Mammadov | 32. The Court of Appeal decided that the unserved term of one year five months and 21 days should be deducted from his final sentence. Applying Article 70 of the Criminal Code of the Republic of Azerbaijan it granted him a two year probation period to expire on 13 August 2020. Mr Mammadov was released from prison the day of the Court of Appeal’s judgment – 13 August 2018. The Court of Appeal indicated:
“The supervision of the convicted person’s behaviour shall be assigned to the Enforcement and Probation Department of his place of residence. In accordance with Article 70.5 of the Criminal Code, during the probation period |
Usman Mavluyev | 121. With reference to Ms Z.A.'s written statements of 5 September 2006 appended to the tenth applicant's application to the Court, the Government submitted that it bore the signature of Ms Z.A., and not that of A.A. They also questioned the credibility and veracity of Ms Z.A.'s written statements since they contrasted with the statements given by Ms A.A. as a witness on 16 and 19 April 2004. Ms Z.A. in particular testified that once apprehended, |
Yaşar Soyyiğit | 30. On 24 November 1994 the Adana Administrative Council, which was presided over by the deputy Governor of Adana and consisted of six civil servants, found that there was insufficient evidence to open an investigation and decided to decline authorisation for the prosecution of |
Aslan Maskhadov | 7. In early 2004 the applicant obtained two articles from the website Chechenpress. The first, which had the headline “Address by Akhmed Zakayev, Vice Prime Minister of the Government of the Chechen Republic of Ichkeria, to the People of Russia”(«Обращение вице-премьера правительства Чеченской Республики Ичкерия Ахмеда Закаева к российскому народу» – “the first article”), was published by him in issue no. 1 (58) of Pravo-Zashchita for March 2004. It read as follows:
“A year ago a peace process that had just begun was interrupted by the tragic events in the Dubrovka [theatre]. There may be long arguments as to who was responsible for that tragedy, but there is no dispute as to who benefited from it.
Today, on behalf of |
Mayrudin Khantiyev | 41. On 23 July 2002 the first applicant wrote to the prosecutor of the Chechen Republic. She complained about her son's abduction by armed men in camouflage uniforms and stated that her numerous requests for assistance in the search for |
Prince Rainier | 19. The third photo, which appeared in issue no. 12/04 of 11 March 2004, shows the applicants in a chair lift in Zürs am Arlberg during their skiing holiday. On the same page there is a small photo of |
Robin Jackson | 20. John Weir's statement made detailed allegations about security force collusion with loyalist paramilitaries in a series of incidents. He alleged inter alia that RUC Reserve Constable Laurence McClure had told him that |
Vytautas Bendžius | 1. The case originated in an application (no. 67506/01) against the Republic of Lithuania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Lithuanian national, Mr |
Fatma Bozova | 16. Upon the applicants' appeal against the land commission's decision, on 29 June 1995 the Velingrad District Court set aside the commission's decision and restored the applicants' title on part of the plots of land claimed, including those covering 14 ha in the Okusha area. On the basis of documentary evidence and testimony of witnesses, the court found that in the 1940s and at the time of the collectivisation Mrs |
Zeynep Poyraz | 22. The killing of these two persons raised the tension and the demonstrators began advancing towards the police barricades at 2 p.m. Uniformed and plainclothes police officers, who had positioned themselves behind the barricades, on the side streets and on some of the buildings, fired intensively. For about twenty minutes, the police officers chased a number of demonstrators who were trying to run away from the scene and shot them. |
Amirkhan Alikhanov | 15. The Government submitted that on 23 December 2004 Amirkhan Alikhanov had been abducted from the traffic police checkpoint by unidentified persons, as described by the applicants. However, contrary to the applicants’ submissions, his body had never been found. The conclusions of the forensic expert examination referred to by the applicants concerning the identity of the body found next to Zamay-Yurt had been indecisive, as there had not been enough DNA material on the clothing found at the cemetery. The Government did not submit any information or theories concerning the possible whereabouts of |
Phillip Sands | 31. On 15 October 2006 the British ambassador made representations to the Iraqi President, Jalal Talibani, that he should not sign a death warrant in the event that a death penalty was passed on those involved in the abduction of |
Aslanbek Astamirov | 18. The Government in their observations did not challenge most of the facts as presented by the applicants. They stated that it had been established that on 5 August 2002 at about 3 a.m. unidentified men wearing camouflage uniforms and armed with automatic weapons had entered the applicants’ house and taken |
Serafim Urecheanu | 26. On 18 April 2003 the independent weekly newspaper “Timpul” published an interview with the police colonel “C.B.” who had worked as a Superior Inspector of the Cross-Border Financial Crimes Directorate within the Inspectorate General of the Ministry of Internal Affairs and who had been in charge of the applicant’s case for a long time and had arrested the applicant on 21 February 2003. He stated inter alia that:
“I declare with full responsibility that the Becciev file has been fabricated, on the orders of the heads of the Ministry of Internal Affairs, for political reasons. The real target of this fabrication is the Mayor |
Arbi Barayev's | 112. The applicant submitted a transcript of an interview from the RTR TV channel's programme “Zerkalo”, broadcast on 5 February 2000, where Major-General Vladimir Shamanov, the commander of the Western Zone Alignment in Chechnya, said:
“Well, let's give some good news to the Russians. The Western Zone Alignment has been entrusted with participation in a big operation. It's called 'wolf hunt'. The idea of the plan was to create an illusion of an existing exit corridor from Grozny along the route used by |
Shamkhan Tumayev's | 34. On 12 February 2005 the district prosecutor's office informed the first applicant of the following. Shamkhan Tumayev had been abducted by around fifteen unidentified armed men in camouflage uniforms driving a VAZ-2131 vehicle, a UAZ-469 and an all-terrain UAZ vehicle. The district prosecutor's office had opened an investigation into case no. 38043 and had taken certain investigative measures. In particular, they had examined the crime scene, had compiled a plan of unspecified investigative steps to be taken, had come up with a number of unspecified versions of the abduction and had interviewed the applicants' neighbours and other residents of Valerik. They had also sent requests to various law-enforcement agencies in the Chechen Republic, Ingushetia, Dagestan and the Stavropol Region. However, |
Mariana Dinu | 10. On 31 November 2003, the county commission issued two ownership titles, but for other plots of land than those to which the applicant was entitled. The applicant lodged an action seeking to obtain the annulment of the ownership titles and new ownership titles in accordance with the judgment of 19 January 1998, namely on the former placement. During the proceedings, on 6 June 2005, the applicant died and his daughter, Ms |
N. Mirzayev’s | 33. On 26 February 2008 the Supreme Court dismissed the applicant’s cassation appeal and upheld the Baku Court of Appeal judgment. The proceedings before the Supreme Court were held in the applicant’s absence, but in the presence of his lawyer. The Supreme Court noted that the absence of the applicant was not a ground for quashing the appellate court’s judgment, because the applicant had been represented in those proceedings. The Supreme Court also noted that the applicant’s personal presence was not mandatory and his presence should be secured only if the court considered it necessary. The relevant part of the Supreme Court’s decision read as follows:
“It appears from the legislation that the right to call a person who is represented before the court by a representative, to attend the hearing in person belong to the court which examines the case, only if this court considers it necessary, and the application of this provision is not mandatory ...
... taking into consideration the fact that |
Tahir Ekmekçi | 56. The Commission thus accepted that Huri Biçer, for instance, spent the night of 22 October in her brother Şevket's house. Tahir and Bedriye Ekmekçi took shelter in their barn on 22 October and spent the night either in that barn or, as |
Vakhit Avkhadov | 27. On 28 July 2001 the prosecutor’s office of the Chechen Republic (hereinafter also “the republican prosecutor’s office”) forwarded a complaint lodged by the first applicant (the date of the complaint was not indicated) about the abduction of |
Rasul Tsakoyev | 37. On 11 October 2004 the investigators questioned the deputy head of the Khasanya village administration, Mr R.F., who stated that at the end of September 2004 he had learnt from the Imam of the Khasanya mosque Mr Kh.M. that |
Bekman Asadulayev | 12. Upon arrival at the MVD secure gate Bekman Asadulayev and Mr Sh. got out of the car and went into the MVD building. Mr A. stayed in the vehicle. Bekman Asadulayev and Mr Sh. were received by Mr G. |
Süleyman Acar | 7. On 20 April 1992 a number of villagers from Çalpınar village were travelling in two vehicles. Some time after they left their village the vehicles were stopped by a group of village guards[1]. The village guards then opened fire on the villagers and killed six of them, including the first applicant's brother and the sixth applicant's husband, Mr |
Hüseyin Başbilen | 52. On 16 July 2014 a public prosecutor from the office for investigating offences allegedly committed by civil servants (Memur Suçları Soruşturma Bürosu), attached to the Ankara public prosecutor’s office, asked the Ankara provincial gendarmerie command to form a task force and to reinvestigate the deaths of |
Yiannis Tsiakkourmas | 70. Mr N.M. left his house at approximately 5.30 a.m. on 13 December 2000 to pick up his Turkish Cypriot workers at their designated café by the Pergamos checkpoint. A red double-cabin pickup, which he later learned belonged to the first applicant, was driving approximately seventy metres ahead of him in the same direction. When he saw that part of the road was flooded, N.M. first turned his car around to return home, as he thought the weather would not be suitable for construction work that day, but then changed his mind and resumed his journey to Pergamos. On reaching the junction leading to the ex-Pergamos camp sometime between 5.40 and 5.50 a.m., he noticed the first applicant’s car parked in the right-hand lane of the road, facing slightly to the right. He also saw someone getting out of that car and walking towards the fields on the right. There was no one else in the car, but the engine was running. The driver’s door and both rear passenger doors were open. He also noticed three or four other people approximately twenty metres further down in the fields to the right, but did not see any other cars in the vicinity. He then heard someone yelling “Let me go!” in Greek from the direction of the fields, but was too scared to get out of the car to see what was going on, and drove back home.
(d) Statement of Mr |
Rossen Atanassov | 6. Mr Ilia Velikov (“the first applicant”) was born in 1923. He passed away on 27 April 2002. His sons, the second and the third applicants, stated that they maintained the application. Mr Atanas Velikov (“the second applicant”) was born in 1944. Mr |
the Minister of the Interior | 17. The Constitutional Court considered that, in the context of the meeting held on 25 October 2005, the applicants had exercised their right to freedom of expression. At the same time the second, third and fourth applicants had exercised their right to freedom of association with others. They had done so freely and independently of the will of |
Aslan Abashidze | 84. The committee thus established that at the trial in the Supreme Court of Georgia in 1996 Mr David Assanidze and Mr Shotadze had “sought to identify” the applicant as one of the organisers of the attack on Mr |
Predică Marian | 31. In a letter of 6 November 2003 sent to the Court in his own case, G.I., a detainee at Rahova Penitentiary and applicant before the Court in application no. 25867/03, described what happened – to his knowledge – in November 2003 in the Penitentiary, as follows:
“In November 2003 in this penitentiary, the detainee |
Yılmaz Özcan | 18. The non-commissioned officer Resul Askerden told the prosecutor the same day that he had heard the expert sergeant fire two or three rounds into the air. He had then started running downhill after |
Chichek Mammadova | 46. The testimony of the applicant's mother-in-law mostly corroborated the applicant's statements. Unlike him, she was inside the dwelling during the entire incident. She estimated that there had been around twenty to twenty-five officials and police officers during the incident and noted that they all had entered the dwelling. She also noted that, at one point, police officer N.I. had used force on the applicant by twisting his arms. She further submitted that E.G. had gone inside the dwelling and provoked |
Isa Aygumov | 5. The applicants are:
1) Ms Zara Giriyeva, who was born in 1957,
2) Mr Musost Aygumov, who was born in 1982, and
3) Ms Zarema Aygumova, who was born in 1991.
The first applicant lives in Grozny, the second and third applicants live in Avtury, Chechnya. The first applicant is the mother of |
Sandro Girgvliani | 63. According to the video recording of the interview, the investigator asked L.B.-dze if he wished to be assisted by a lawyer. L.B.-dze said he did not. He then confirmed his previous statements, adding that |
Sergeant H. | 17. The CO then asked the applicant if he admitted the offence described and the applicant pleaded not guilty. The CO asked him to give his evidence and he said that he had been speaking to Captain J when Sergeant H had ordered him to go to bed. The applicant had said to Sergeant H that he was speaking to Captain J, but Sergeant H had then ordered Corporal G to lock him up. The CO asked the applicant if he had any evidence to call and the applicant asked to call Captain J. The latter said that he had been speaking to the applicant in the foyer of the cookhouse and had not heard him swear at |
A.M. Isakov | 12. On 14 March 2008 the Department of the Federal Migration Service of the Tyumen Region (the FMS) informed the Tyumen regional prosecutor's office that “... in 2005 the issuance of the Russian passport to |
Isa Aygumov | 74. On 11 November 2009 the investigators questioned the first applicant, who stated that on 9 January 2002 she had been visiting her parents when the second applicant had arrived at their house and informed her that |
Lema Khakiyev’s | 111. On 8 October 2002 Mr E.B. testified that he did not have any personal animosity towards Lema Khakiyev but had received a number of complaints against the Michurina subdivision of the ROVD, where the latter had worked. Mr E.B. had written the report of 20 June 2002 in reaction to such complaints. That report had been a routine document totally unrelated to |
Ramazan Umarov | 60. On 31 July 2007 the Dagestan MVD requested the UBOP and the UBE to confirm the following:
“... The investigation conducted by the Sovietskiy district prosecutor’s office, Makhachkala, established that on 28 April 2007, following a special operation, Mr |
Ruslan Magomadov | 17. In support of their statements the applicants submitted the following: an account by the second applicant given on 13 April 2005, an account by the applicants' neighbour Ms I. given on 15 April 2005, an account by the first applicant given on 16 April 2005, an account given by the applicants' neighbour Mr N. on 13 September 2005 and a character reference for |
A.V. Gerasimov | 44. On 9 March 1992 V.A. Zhigalev had lodged an application with the Administration of the Bolshesoldatskiy District of the Kursk Region for allocation of a plot of 500 hectares of agricultural land as a life-time inheritable possession (право пожизненного наследуемого владения) for the founding of Luch Farm, together with the following partners in Luch Farm: |
Desmond Grew | 61. As to whether any aspect of the training of, or planning by, any soldier could account for the deaths, the jury found that the soldiers fired, in accordance with their training, at the “central mass” and continued to do so until the threat was neutralised but that, otherwise, there was “insufficient evidence of planning and intelligence available to give further findings”. Other than noting that |
Sarali Seriyev | 55. On an unspecified date the investigators questioned Mr M.K. who stated that in June 2002 he and other residents of Belgatoy had been on their way back to the village from haymaking. On the road they had seen some objects. |
Magomed-Ali Abayev | 47. On various dates in 2003 the Main Department of the Ministry of the Interior in the Southern Federal Circuit, the Argun ROVD, the Sharoy ROVD, the Itum-Kali ROVD, the Naurskiy ROVD, the Kurchloy ROVD, the Shatoy ROVD, the Itum-Kali ROVD and the Zavodskoy ROVD of Grozny informed the investigators that they had no information concerning the arrest or detention of |
Abdula Edilov | 42. In their written explanations (“объяснение”) to the ROVD of 29 September 2001, Z.S. and L.D. stated that between 5 and 6 p.m. on 26 August 2001, in broad daylight, a group of ten to twelve armed persons wearing camouflage uniforms and masks had arrived at the applicant’s house in a light-coloured UAZ vehicle (“таблетка”). Two of the armed men had stayed in the car while others had gone inside the house. They had taken |
Thi Thanh Van Vo | 11. On the same day another woman, Mrs Thi Thanh Van Vo, was due to have a contraceptive coil removed at the same hospital. When Dr G., who was to remove the coil, called out the name “Mrs Vo” in the waiting-room, it was the applicant who answered.
After a brief interview, the doctor noted that the applicant had difficulty in understanding French. Having consulted the medical file, he sought to remove the coil without examining her beforehand. In so doing, he pierced the amniotic sac causing the loss of a substantial amount of amniotic fluid.
After finding on clinical examination that the uterus was enlarged, the doctor ordered a scan. He then discovered that one had just been performed and realised that there had been a case of mistaken identity. The applicant was immediately admitted to hospital.
Dr G. then attempted to remove the coil from Mrs |
Serpil İmren | 19. On 19 April 2004 the Ankara Assize Court requested that the Forensic Medicine Institute issue a report examining whether a causal link existed between Serpil İmren’s death and the fire at her workplace. In a report dated 4 June 2004 the Forensic Medicine Institute confirmed that |
Yeraly Israilov | 38. In response to the Court’s request, the Government produced copies of the statements and records of the investigative measures taken involving the applicant and her two sons that were drawn up in 2009 and 2010 by the officers of the Gudermes department. Thus, the applicant was questioned on 12 May and 8 December 2009. Her son M.I. was questioned on 4 February 2009 and 14 January 2010, and her son A.I. was questioned on 14 January 2010. On 3 December 2009 and 25 February 2010 the applicant and her two sons took part in confrontations with three officers of the Gudermes ROVD implicated in the events. Her sons had also identified the rooms and premises of the ROVD where they had been detained. The records, co‑signed by the applicant and her family members, were confined to the events of October 2004 and to a detailed description of |
Nihari Aslan | 12. Mr Ebuzeyt Aslan is the first applicant’s elder brother and is the husband of the third applicant, Mrs Türkan Aslan. Mr Halit Aslan is the second applicant’s cousin and is the husband of the fourth applicant, Mrs |
Mayrudin Khantiyev | 62. On an unspecified date the investigators questioned Mr K., who had been the acting military commander of the Staropromyslovskiy district since 19 December 2000. He submitted that he had not known anything about the abduction of |
Akhamdi Isayev’s | 32. In December 2001 and January 2002 the investigators questioned several applicants and their relatives about the circumstances of the abductions. All the witnesses to the abductions stated that the intruders had taken money, documents and valuables from the households. The first applicant in application no. 6371/09 ( |
Beslan Baysultanov | 44. On 25 and 28 June 2007 the investigators interviewed two officers from the Groznenskiy Department of the Interior (hereinafter “the ROVD”). They submitted, among other things, that the ROVD was in possession of operative information indicating that in 1994-99 |
Timur Beksultanov’s | 34. By a letter of 6 October 2009 the district prosecutor’s office informed the applicant’s husband that they had received the complaint about the abduction of his son. The letter stated that Timur Beksultanov was being searched for on suspicion of having committed a number of serious crimes, in connection with which criminal proceedings had been instituted against him. The authorities were carrying out unspecified measures to examine the submissions concerning |
Abdul‑Vakhab Shamayev | 57. Between 3 and 5 August 2002 the applicants crossed the Russo-Georgian border near the Guirevi checkpoint (Georgia). Some of them were injured and were carrying sub-machine guns and grenades. Having asked the Georgian border guards for help, they apparently handed over their weapons voluntarily. An identity check was carried out. As a result, the names of the individuals claiming to be |
Servet İpek | 68. The witness had been married to İkram İpek for six months at the relevant time. She stated that her husband had just returned to the hamlet from Ankara where he had spent three months. On the morning of 18 May 1994 her brother-in-law, |
Emin Yıldırım | 37. On 21 April 1998 the neurological surgeon Ö.R. gave evidence. He stated that he did not agree with the note attached to the back of the scan image that the haematoma was “chronic”, which meant that it had formed very gradually. He added that he did not know who could have attached the note but that he was convinced, having himself operated on |
Bülent Kurt | 47. The same day, the applicants gave two petitions to the Beyoğlu Assize Court stating that they wanted to withdraw their complaints “which, in any event, had been made as a result of a misunderstanding”. Also that day, the applicants officially dismissed |
Sheshberidze | 204. Mr Kerdikoshvili had a wound of 6 x 0.1 cm on the right shoulder and two wounds, measuring 0.5 x 1 cm and 0.3 x 0.1 cm, around the left wrist. Those injuries resulted from blows inflicted by a sharp object, dated from 4 October 2002 and were classified as light injuries which were not damaging to his health. Mr |
Musa Ilyasov | 27. On 1 November 2002 the republican prosecutor's office forwarded the first applicant's complaint about the abduction of her son to the district prosecutor's office and instructed it “to consider whether an investigation should be opened into the abduction of |
Bedi Asfuroğlu | 9. The applicants' appeals against the judgments of the first-instance court were dismissed by the Court of Cassation. The applicants' requests for rectification of these decisions were also rejected by the Court of Cassation.
The details are indicated in the table below:
APPLICATION NO.
NAME OF THE APPLICANT
DATE OF DECISION OF THE FIRST‑INSTANCE COURT
DATE OF FINAL DECISION OF THE COURT OF CASSATION
DATE OF NOTIFICATION OF THE FINAL DECISION OF THE COURT OF CASSATION
36166/02
|
Dejan Petrović | 28. On 9 January 2003 the DPPO requested a commission of forensic experts from the Institute for Forensic Medicine of the Belgrade Faculty of Medicine to give their opinion on what other causes, apart from a fall from the window, could explain Mr |
Adam Khurayev | 17. The applicant's relatives assisted her in the search for Adam Khurayev. They contacted, both in person and in writing, various official bodies, such as the President of the Russian Federation, the Envoy of the President of the Russian Federation for Ensuring Human Rights and Freedoms in the Chechen Republic, the Chechen administration, departments of the interior and prosecutors' offices at different levels, asking for help in establishing the whereabouts of |
Haapalainen | 11. The applicant's first article of 4 January 1996 bore the title “If only I could get a good grip on life again” (Kun saisi vielä joskus elämästä kunnolla kiinni). It contained an interview with Mr |
Idris Abdulazimov | 108. In their observations submitted in December 2004 the Government did not dispute the information concerning the apprehension and investigation into the kidnapping of Islam Utsayev, Movsar Taysumov, |
Ramzan Malsagov | 72. On 4 July 2002 the applicants learned that the night before a group of armed soldiers had rushed into the house of the Malsagov family, their neighbours. The service personnel had asked one of the family members, |
Patrick Finucane | 40. On 24 October 2001 the government announced in Parliament that, amongst the measures proposed to the Irish government in the context of the Good Friday Agreement, was the proposal for the United Kingdom and Irish governments to appoint a judge of international standing from outside both jurisdictions to undertake an investigation into allegations of security force collusion in loyalist paramilitary killings, including that of |
Lecha Basayev | 11. At about 1.30 a.m. the first applicant woke up and heard someone banging on the door. When she approached the door, a group of about ten armed masked men with flashlights and in camouflage uniforms broke into the house and asked in Russian: “Where is |
Michel Junot | 9. At 5 p.m. on 31 January 1997 the third applicant, who is a journalist with France Info (a radio station controlled by the applicant company), broadcast the following report:
“According to the weekly magazine Le Point, a former deputy mayor of Paris supervised the deportation of a thousand French and foreign Jews in 1942. |
Yiğit Turhan Oyal | 21. As regards the case instituted against the Kızılay, the court held that it was strictly liable for the incident as it had been established through a witness statement that the test which gave clear results on the presence of the HIV virus could not be carried out due to its high costs and that the health questionnaire system had not been in full practice at the time of the incident (see paragraph 13 above). It thus awarded the applicants 30,000,000,000 Turkish lira (TRL) plus interest at the statutory rate running from 17 June 1996, the date of the incident. The court held, in particular:
“...As briefly mentioned above, |
Rustam Kagirov | 32. According to an information statement issued by the ROVD on an unspecified date in 2009, Mr Rustam Kagirov had participated in illegal armed groups together with another individual, Mr R.B., which was proven by a photograph of those two men together. The document also stated that “according to recent operational information, at present, having joined an illegal armed group led by Mr I.A., he [Mr |
Abdurrezzak İpek | 56. On 18 October 1996 the Diyarbakır Regional Administrative Court (Diyarbakır Bölge İdare Mahkemesi), sitting as an appeal court, rejected the appeal and upheld the decision not to grant authorisation for the prosecution of members of the security forces. It had not been possible to communicate this decision to |
Mila Jovovic | 9. On 3 April 2001 the newspaper Komsomolska Pravda published an article named “The Truth about the Death Match” (original title: “Правда о Матче Смерти”) and was written by O.M., a journalist from that newspaper. In the article she recounted a plan to make a film based on the events surrounding the match of 1942. The article contained an interview with the future director and producer of the film, A.S. and D.K. It also featured a picture of the match poster from 1942 which included the names of all of the footballers who had played in that match. The article mentioned the names of four Dynamo Kyiv players who had been executed (Kuzmenko, Klimenko, Korotkikh and Trusevych), but did not name the applicant’s father. It also stated that A.S. intended to involve |
Alexandru N. Steflea | 16. In a judgment of 30 March 2000 the Galaţi County Court, finding that the first five applicants had proved that they were the heirs of Nicolae Lupaş and that the latter had owned a 264/360 share of the estate of |
Levon Ter-Petrosyan | 19. On 1 March 2008 the Secretary General of the Council of Europe issued the following press release:
“I am very concerned about reports of injuries during the security forces’ operation to disperse protesters in Yerevan this morning. If these reports are confirmed, all allegations of excessive force should be properly investigated. It is also vital to prevent any further violence.
I am also alarmed by the reports that the runner-up in the recent presidential elections, former President [ |
Isa Zaurbekov’s | 32. On 15 April 2005 the investigator in charge of the district prosecutor’s office sent requests to prosecutors of regions neighbouring Chechnya as well as to prosecutors of various districts in Chechnya, describing |
Magomed-Ali Abayev | 11. At that time the father of Magomed-Ali Abayev, Mr V.A., arrived at the checkpoint and went to the other side of the building to meet his son and Anvar Shaipov. About five minutes later he returned and told the first and the second applicants that |
Sergeant Ch. | 28. On 9 April 2003 the Shakhty Town Court of the Rostov-on-Don Region refused their request by an interim decision:
“Having heard the parties and studied the case materials, the court finds that the request is unsubstantiated ... because the period when the injury was received is stated in the medical record and that is the period of military service. The establishment of the origin and nature of existing diseases will not help to find those responsible or [to elucidate] the circumstances. The case file contains the decision not to initiate criminal proceedings against |
Malgabek Osmayev | 93. At about 7 a.m. the village came under fire from planes and helicopters. The applicant, her extended family and her neighbours gathered in the basement of her house. According to the applicant, there were three families sheltering, with a total of thirteen children. At about 10 a.m. the applicant's husband went upstairs to get drinking water. There was an explosion nearby and |
Syal-Mirza Murdalov | 265. At around 3 a.m. on 9 July 2001 a large group of masked men in camouflage uniforms arrived in an APC, two Ural lorries and two UAZ cars at the backyard of the applicants’ house in Chervlennaya. Ten men with torches broke into the Islamovs’ house and searched it. Speaking unaccented Russian, the servicemen ordered everybody to lie face down on the floor. They taped the hands and mouths of |
the Minister of the Interior | 41. At the parliamentary session of 1 November 2001 Mr Ahmet Nurettin Aydın, a deputy for the province of Siirt, submitted that almost three million people had been forcibly displaced and that their houses had been destroyed. He welcomed however the termination by the authorities of the food embargo imposed on the inhabitants of the region (east and south-east Turkey). He pointed out that the return of the displaced persons to their homes would make an important contribution to the improvement of the Turkish economy. In response to Mr Aydın’s comments, |
Rodrigues da Silva | 23. The applicant’s appeal against the decision of 11 March 2009 to the Regional Court of The Hague and her accompanying application for a provisional measure in the form of an injunction on her removal pending the determination of her appeal were rejected on 8 December 2009 by the provisional-measures judge of the Regional Court of The Hague sitting in Haarlem. In its relevant part, this ruling reads as follows:
“2.11 It is not in dispute that the appellant does not hold a valid provisional residence visa and that she is not eligible for an exemption from the requirement to hold such a visa under section 17 § 1 of the Aliens Act 2000 (Vreemdelingenwet 2000) or section 3.71 § 2 of the Aliens Decree 2000 (Vreemdelingenbesluit 2000). It is only in dispute whether reason dictates that the defendant should exempt the appellant from the obligation to hold a provisional residence visa on the basis of section 3.71 § 4 of the Aliens Decree [for reasons of exceptional hardship (onbillijkheid van overwegende aard)]. 2.12 The Regional Court finds that the defendant could reasonably conclude that in the present case there are no special and individual circumstances on the basis of which insistence on compliance with the visa requirement would entail exceptional hardship. ... 2.18 The appellant’s reliance on Article 8 of the Convention fails. There is family life between the appellant and her husband and her minor children, but the defendant’s refusal to exempt her from the obligation to hold a provisional residence visa does not constitute an interference with the right to respect for family life as the defendant’s decision did not deprive her of a residence permit enabling her to enjoy her family life in the Netherlands. 2.19 It does not appear that there is a positive obligation for the Netherlands State under Article 8 of the Convention to exempt the applicant, contrary to the policy pursued in this area, from the obligation to hold a provisional residence visa. It is of importance at the outset that there has been no appearance of any objective obstacle to the enjoyment of family life outside the Netherlands. Taking into account the young age of the appellant’s children, it can also reasonably be expected that they would follow the appellant to Suriname for the duration of the proceedings relating to the provisional residence visa. This is not altered by the fact that both children are Netherlands nationals. The fact that the appellant’s husband is currently being detained gives no cause for finding that ... there is an objective obstacle. 2.20 The appellant has cited the judgments of the European Court of Human Rights in the cases of |
Grigolashvili | 89. On 19 September 2000 Mr Tsartsidze met Mr Grigolashvili again and suggested that he file a complaint with the police about the events of 7 and 8 August 2000. Mr Grigolashvili refused, allegedly for fear of reprisals by the applicant and his family. Knowing that Mr |
Adlan Baysarov | 38. The eighth applicant is the wife of Mr Adlan Baysarov, born in 1972, and the mother of their two minor children. At the material time Mr Adlan Baysarov, a resident of Grozny and a student at the Economics and Management College, was living in Stariye Atagi as an internally displaced person. The Baysarov family lived with their relatives, including the ninth applicant, who was the wife of Mr |
Petimat Aydamirova | 15. In the wheat fields around the lorry the residents discovered numerous APC tyre tracks, which were clearly visible on the ground. The bodies of the applicant's relatives were gone, including the body of |
Miclea Alexandru | 31. The court considered that the evidence administered during the criminal investigation had sufficed to conclude that “it had not been proven beyond reasonable doubt that on 8 August 2010 the defendants had physically abused [the applicant]”. The court based its verdict on the discrepancies found between the applicant’s account of the events and the statement given by S.L. More specifically, S.L. declared that he had heard the applicant screaming outside the police station, whereas the applicant claimed that he had been beaten inside. S.L. also declared that the applicant had told him that he had been handcuffed with his hands behind his back, whereas the applicant stated that he had been handcuffed to a radiator. In addition, the injuries on the applicant’s body may very well have been caused during the street brawl. That fact had been confirmed by the three police officers who had intervened at the scene, namely T.I., G.S. and B.I.M., as well as by the witness, S.L., who had declared in his statement of 8 February 2011 that he had been told when he was inside the bar that a group of people were “beating up my brother and |
Richard Cachia Caruana | 8. In November 1995 the applicant was arrested and charged with trafficking in dangerous drugs. On 15 May 1996, while he was in pre-trial detention, a fresh charge of complicity in attempted wilful homicide was brought against him. The applicant was accused of having tried, by means of an instruction issued to third parties, to kill Mr |
Rustam Kagirov | 21. On 19 June 2009 the Achkhoy-Martan Inter-District Investigations Department of the Prosecutor’s Office of the Russian Federation in the Chechen Republic (the investigations department) opened an investigation into the abduction of Mr |
Apostolides | 60. In Trade Agency Ltd v Seramico Investments Ltd (Case C-619/10, judgment of 6 September 2012), the CJEU was called on to give a ruling as to whether, where the judgment given in default of appearance in the Member State of origin was accompanied by the certificate referred to in Annex V to the Brussels I Regulation, the court of the Member State in which enforcement was sought could nevertheless check whether the information in the certificate was consistent with the evidence. The CJEU found as follows:
“32. Specifically as regards the ground mentioned in Article 34(2) of Regulation No 44/2001, to which Article 45(1) thereof refers, it must be held that it aims to ensure that the rights of defence of a defendant in default of appearance delivered in the Member State of origin are observed by a double review ... Under that system, where an appeal is lodged, the court of the Member State in which enforcement is sought must refuse or revoke the enforcement of a foreign judgment given in default of appearance if the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable him to arrange for his defence, unless the defendant failed to commence proceedings to challenge the judgment whereas it was possible for him to do so. 33. In that context, it is common ground that whether the defendant was served with the document which instituted the proceedings is a relevant aspect of the overall assessment of a factual nature ..., which must be conducted by the court of the Member State in which enforcement is sought in order to ascertain whether that defendant has the time necessary in order to prepare his defence or to take the steps necessary to prevent a decision delivered in default of appearance. 34. That being the case, it must be observed that the fact that the foreign judgment is accompanied by the certificate cannot limit the scope of the assessment to be made pursuant to the double control, by the court of the Member State in which enforcement is sought, once it examines the ground for challenge mentioned in Article 34(2) of Regulation No 44/2001.
... 36. Next, ... since the court or authority competent to issue that certificate is not necessarily the same as that which gave the judgment whose enforcement is sought, that information can only have prima facie value. That follows also from the fact that production of the certificate is not obligatory, since in its absence in accordance with Article 55 of Regulation No 44/2001, the court in the Member State in which enforcement is sought which has jurisdiction to issue the declaration of enforceability may accept an equivalent document or, if it considers that it has sufficient information, dispense with requesting its production. 37. Finally, ... it must be stated that, as is clear from the wording of Annex V to the regulation, the information contained in the certificate is limited to ‘[d]ate of service of the document instituting the proceedings where judgment was given in default of appearance’, without mentioning any other information which helps to ascertain whether the defendant was in a position to defend himself such as, in particular, the means of service or the address where service was effected. 38. It follows that, when examining the ground for challenge set out in Article 34(2) of Regulation No 44/2001, to which Article 45(1) thereof refers, the court of the Member State in which enforcement is sought has jurisdiction to carry out an independent assessment of all the evidence and thereby ascertain, where necessary, whether that evidence is consistent with the information in the certificate, for the purpose of establishing, first, whether the defendant in default of appearance was served with the document instituting proceedings and, second, if service was effected in sufficient time and in such a way as to enable him to arrange for his defence.
... 43. In that connection, the Court has already held that it is apparent from recitals 16 to 18 in the preamble to Regulation No 44/2001 that the system of appeals for which it provides against the recognition or enforcement of a judgment aims to establish a fair balance between, on the one hand, mutual trust in the administration of justice in the Union, and, on the other, respect for the rights of the defence, which means that the defendant should, where necessary, be able to appeal in an adversarial procedure against the declaration of enforceability if he considers one of the grounds for non‑enforcement to be present (see, to that effect, Case C‑420/07 |
I.Kh. Umarov | 44. Among the documents submitted by the Government (see below) the 27 September 2003 decision of the Grozny District Prosecutor's Office to adjourn the investigation contained the following description:
“On 8 November 2002 at about 10 a.m. in the forest, about 10 kilometres away from the village of Darbanmakhi, Gudermes district, towards the village of Vinogradnoye, Grozny district, two kilometres to the south from the Darbanmakhi – Vinogradnoye road, five male bodies were discovered with the heads bound with fragments of cloth, the hands tied and firearm wounds. They were later identified by their relatives as having been kidnapped in Chechen-Aul on 23 October 2002: |
Khodorkovskiy | 44. On 17 December 2003 the prosecution requested the Basmanniy Court to extend the applicant’s detention until 30 March 2004. The prosecution referred to the “note seized from one of the lawyers [of the applicant] containing instructions from |
Yordan Ivanov | 7. On 27 September 2010 Ilinden’s board of management applied to the Blagoevgrad Regional Court for it to be registered as an association. On 3 February 2012 the Blagoevgrad Regional Court refused the application, and on 23 April 2012 its decision was upheld by the Sofia Court of Appeal. A detailed account of those proceedings may be found in |
the Minister of the Interior | 12. During their first meeting, which took place in the morning of 26 August 2005, an agreement was reached whereby the first applicant would not allow the airing of the film on his channel in exchange for USD 100,000 (EUR 80,000[1]). Immediately after this meeting, Mr B. complained to |
S.-M. Debizov | 54. In the meantime, on 20 February 2001 the district prosecutor’s office had opened another criminal investigation (file no. 23034), acting upon a complaint by Mrs A. about the kidnapping of her cousin |
Abdul-Vakhid Yashurkayev | 34. In early March 2002 local residents discovered three bodies on pasture land on the outskirts of Argun. The grave was excavated by the military in the presence of a prosecutor; apparently, it had been booby-trapped. One of the bodies had its head missing and was identified through surgical scars by his wife as being that of |
Farhad Aliyev | 21. On 20 and 21 October 2005 the official newspapers and other mass media published two press releases with the headline “Special Statement of the Prosecutor General’s Office, the Ministry of National Security and the Ministry of Internal Affairs of the Republic of Azerbaijan”. These press releases officially informed the public about the arrest and indictment of a number of well-known current and former State officials and provided a summary of the evidence gathered in respect of their alleged plans for the “forcible capture of power” during the election period, “under the guise of an appeal for democratic changes in the political situation in the country”. The evidence mainly consisted of the testimony of one of the arrested persons concerning secret meetings between them and their sources of financing, as well as large amounts of cash and other valuables found in the homes of some of them. Additionally, some of the arrested persons were suspected of embezzlement of public funds and abuse of authority. Specifically, the press releases mentioned the names of the applicant’s brother |
Ether Chrelashvili | 23. Their witness statements indicate that Mr Nodar Kholod, Mr Tenguiz Dzhikurashvili, Ms Bela Kakhishvili, Ms Lia Mantskava, Ms Khatuna Kerdzevadze, Ms Elene Mamukadze, Ms Nana Pilishvili, Ms Makvala Mamukadze, Ms |
Nura Luluyeva | 13. Later in the afternoon the second applicant learned from neighbours about Nura Luluyeva's arrest. At about 3 p.m. he went to the market place and then to the Leninskiy VOVD, which had already been notified of the incident. It was also known that, in addition to |
Abu Khasuyev | 69. On 22 June 2006 the investigators questioned Mrs A.Kh., who stated that at about 1 p.m. on 30 August 2001 she had arrived at the applicant’s house. Abu Khasuyev was ill and had stayed at home that day. According to the witness, she had been changing in one of the rooms when two armed men in camouflage uniforms, one of them masked, walked into the room. When Mrs A.Kh. saw the men she fainted. When she regained consciousness the intruders had already gone, taking |
Ramzan Chankayev | 82. On 2 November 2001 the investigators questioned the first applicant’s brother and the father of Mr Aslan Chankayev, Mr A.Ch., whose statement concerning the events was similar to the one given by the second applicant. He also added that the abductors had told them that Mr |
Anne Vestad | 16. Below, on the same page, Tønsbergs Blad published another article based on interviews with local politicians:
“Residence requirements are a two-edged sword
TJØME: May-Sylvi Hansen, who is the leader of the Conservatives on Tjøme Municipal Council, thinks that the time is ripe for a new and thorough political debate on the question of residence requirements.
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