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Khizir Tepsurkayev | 68. On 22 November 2004 (in the submitted documents the date is also stated as 20 November 2004) the Town Court partially granted her claim. The court’s decision stated, inter alia, the following:
“...on 27 August 2001, during a sweeping operation in Urus-Martan, officers of the power structures in an APC under the command of the head of the platoon Mr V.V. from military unit no. 6779 detained |
Aurel Lozan | 11. On an unspecified date in 1999 the applicants brought an action against the Academy, seeking the creation of legal tenancies in their favour (see §§ 23 and 24 below). Notwithstanding the initiation of proceedings against the Academy and the fact that it had refused to sign tenancy agreements with the applicants, they continued to live in their flats, although Mr |
Celal Bedir | 24. On 28 July 1998 gendarmes attached to the Mazıdağı Gendarmerie Command carried out an inspection in the village. According to the incident report drawn up by three gendarmes and signed by Hüseyin Demir and |
Ramzan Babushev's | 11. After that Mr Y. B. asked the servicemen from the APC whether his group was free to go. They received permission and the UAZ car and the servicemen left. Immediately after their departure, the servicemen from the APC started to search the applicants' house. The search took about one and a half hours. During the search the servicemen seized a number of the applicants' possessions, including a videocassette recorder, a TV set, |
Balavdi Ustarkhanov | 25. On 11 June and 20 August 2003 the military prosecutor's office of military unit no. 20102 informed the applicant that her complaints did not contain any information demonstrating the involvement of Russian military forces in the abduction of |
Mokhmad Mudayev | 65. On an unspecified date the investigators questioned the head of the Nadterechniy district department of the FSB Mr Mayrbek Kh., who stated that after two staff members of the Chechnya prosecutor's office had been kidnapped their department had taken operational search measures aimed at establishing the identity of the perpetrators. As a result, Aslan and |
Usman Mavluyev's | 71. On the same date the district prosecutor's office requested the ORB‑2 to take steps to establish the perpetrators of Usman Mavluyev's abduction. The Leninskiy ROVD in Grozny was requested to take measures to establish |
Sulim Vakhayev | 52. Nurzhan Vakhayeva lives in her own house in Katyr-Yurt at 2 Chkalova Lane. On 4 February 2000 she was at home with her six children: Muslim Vakhayev (applicant 14, born in 1981); Berlant Vakhayeva (born in 1983); |
Bislan Saydayev | 23. The tenth applicant, Bislan Saydayev’s mother, submitted that she had been awoken in the night to find the room filled with armed servicemen. A group of soldiers were standing over Bislan Saydayev’s bed. They briefly searched the room and ordered |
Mihai Chinez | 24. On 24 and 25 September 2008 statements were taken from officers F.L.C. and D.D.M. They stated that they had not been on duty on the night of the incident, but were called in and asked to come to the police station. When they arrived they were informed about the incident and asked to help their colleagues. F.L.C. declared that he had heard statements from two eyewitnesses. D.D.M. declared that he had questioned |
Bekkhan Vakhayevich Alaudinov | 20. The Government did not challenge most of the facts as presented by the applicant. According to the Urus-Martan district prosecutor’ office “at about 4.20 a.m. on 8 November 2001 unidentified persons in camouflage uniform armed with automatic weapons entered the house at 30 Proletarskaya Street in Urus-Martan, kidnapped |
Dzhabrail Abiyev | 84. On 1 February 2005 the investigators again questioned the third applicant, who added information to his previous statement to the effect that he had been driving the car during the accident and that |
Yavuz Gürbüz | 23. Mr Dikici took fifteen statements from nine different persons, namely Alaattin Çaçan (mayor of the Düzcealan village), Şemsettin Demir (mayor of the Kolbaşı village), Servet İlhan, İbrahim Çaçan, |
Luiza Mutayeva's | 24. On 14 May 2005 the applicant's representatives from SRJI wrote to the district prosecutor's office, complaining about the lack of information concerning the investigation. They requested to be informed about its progress; the specific actions taken to solve the crime since the opening of the criminal case and during the eight months after the decision to suspend the investigation; the reasons for the suspension of the investigation, and the reasons for |
Benjamin Spock’s | 13. On 29 November 2000 Professor Dr I.D. (“the plaintiff”) brought a civil action for compensation against the applicant before the Ankara Civil Court of First Instance on the ground, inter alia, that the applicant’s assertion that the book written by the plaintiff entitled Mother’s Book was plagiarised from |
Van der Ven | 13. On 25 July 2001 the applicant, as in the case of the previous decisions to extend, again challenged the extension of his stay in the EBI by lodging an appeal with the Appeals Board of the Council for the Administration of Criminal Justice and Protection of Juveniles. In his appeal against the decision of 16 July 2001 the applicant challenged the necessity of his continued detention in the EBI. He also stated that he was suffering both physically and mentally as a result of the EBI detention regime without, however, substantiating that claim. Relying on the findings of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (“CPT”) in respect of its visit to the EBI in 1997 and on the Court’s decision on admissibility of 28 August 2001 in the case of |
H.H. Karimov | 15. On 26 November 2005 the Court of Appeal dismissed the applicant’s complaint, finding that he had failed to substantiate his allegations. In particular, the judgment read as follows:
“Under Article 14.2 of the CCP, the court may examine, and rely on, only the evidence submitted by the parties.
Despite the requirement of the above-mentioned Article, the claimant, |
Nela Carabulea | 43. The same day, Captain U. compiled two separate reports on the circumstances of the arrest and detention of Mr Carabulea. He stated that when Mr Carabulea had undressed for the body search preceding entry to the lock-up, there had been no signs of injury on his body. He denied having used any physical pressure while interrogating Mr Carabulea. He also mentioned that on 16 April 1996 |
Timur Khambulatov’s | 55. On 7 July 2005 the investigators questioned the applicant for the second time. She informed them that she did not agree with the results of the forensic examination of her son’s body and requested that the investigators order an additional expert assessment of |
Fatma Deniz Polattaş | 57. Between 2 June and 28 September 2000, Nazime Ceren Salmanoğlu and Fatma Deniz Polattaş were examined eight and nine times respectively by three experts from the Psychosocial Trauma Centre at the Faculty of Medicine of Istanbul University. After referring to the psychological findings in two reports dated 23 October 2000, the experts diagnosed the applicants as suffering from post-traumatic stress disorder. |
Mayrudin Khantiyev's | 63. On an unspecified date Mr K. was again questioned as a witness. He submitted that in December 2000 he had occupied the post of executing officer of the district military commander's office. On the day of |
Kenan Bilgin | 53. The witness said that the applicant had visited him in prison in 1996 and that was how he had informed him of the date he was taken into custody. They had had a very short discussion about Kenan Bilgin. He said that he had sent a written statement through his representatives certifying that |
Kutlu Adalı | 13. The application concerns the killing of the applicant's husband, Mr Kutlu Adalı, by unknown persons. The applicant made serious allegations about the involvement of Turkish and/or “TRNC” agents in the murder. She further complained of the inadequacy of the investigation launched by the “TRNC” authorities into the death of |
Kaykharov Gelani Arturovich | 29. On 18 August 2003 the first applicant complained to a number of prosecutors’ offices. The relevant parts of her complaint read as follows:
“Between 20 December 2002 and 17 June 2003 I have addressed law-enforcement agencies on numerous occasions asking them to search for my son, |
Nadir Oruj oglu Orujov | 13. According to an extract from the minutes of the ConEC meeting held on 28 October 2005, made available to the applicant and later submitted by him to the Court, the ConEC decided as follows:
“1. To take into consideration the statements by voters ... 2. To confirm, based on the statements and other material submitted, breaches of Articles 88.4.4 and 88.4.5 of the Electoral Code by |
Valdis Jasinskis | 15. Approximately fourteen hours after the applicant' son had been brought to the police station (at approximately 3.30 p.m.) one of the policemen considered that he had been “sleeping for too long” and called an ambulance. The doctors apparently refused to take |
Musa Zaurbekov | 111. From the documents submitted it transpires that between 2010 and 2011 the applicants contacted the authorities with requests for information, but to no avail. In the autumn of 2011 the first applicant requested that she be allowed to access the investigation file. On 3 November 2011 the investigators granted the request. In 2012 their close relatives and those of Mr |
Ramzan Babushev | 15. On 5 February 2003 the first applicant and a relative spoke to the deputy district military commander officer Yr., who assured them that their office had not opened any criminal proceedings against |
Iordanou Iordani Anthousa | 12. Attached to her observations of 4 September 2002, the applicant produced a certificate of affirmation of ownership of Turkish-occupied immovable properties, issued on 12 August 2002 by the Departments of Lands and Surveys of the Republic of Cyprus, and an affidavit, signed by herself, in which she declared that she owned 8 pieces of land in Lapithos “all on the mountain slope, very suitable for building purposes”. According to the above mentioned certificate of affirmation of ownership, the following properties were owned by Mrs |
Magomed Kudayev | 73. On an unspecified date in January 2006 the investigators questioned the applicants’ relative, Ms R.V. She stated that in April 2004 a woman had approached her on the street, had told her that her son had been detained with |
the Minister of the Interior | 44. It was in those circumstances that, at about 6 p.m., when he was a few metres away from one of the doors of the Ministry, the first applicant’s husband was killed by a bullet which hit the back of his head after having ricocheted. Those events are described in detail in the decisions of 18 May 2000 and 27 July 2007 committing for trial |
Stabentheiner | 20. On 27 September 2006 the Supreme Court dismissed the appeal on points of law lodged by the applicants. It held as follows:
“[The minor] is the biological child of the third applicant, Ms ..., and of Mr ..., born on ... The child’s mother has sole custody. She shares a home in ... with her partner (the first applicant) and with [the child]. The applicants applied for court approval of an adoption agreement entered into on 17 February 2005 by the first applicant and the minor child, represented by his mother, under the terms of which the first applicant agreed to adopt the child. However, the agreement provided for the first applicant to take the place not of the child’s mother but of his biological father. The applicants sought court approval of the adoption such that the relationship with the biological father and his relatives under family law would cease to exist while the relationship with the child’s biological mother would remain fully intact. They requested the courts to override the refusal of consent by the child’s father.
The first-instance court refused the application, taking the view that Article 182 of the Civil Code reflected the legislature’s clear intention that, in the case of adoption by one person, the legal relationship with the parent of the same sex as the adoptive parent should cease to exist and the relationship with the opposite-sex parent should be preserved. Only in this scenario, according to the first-instance court, did the law allow the courts to also declare the latter relationship, which was not affected by the adoption per se, to have been severed. In the view of the first-instance court, the arrangement sought by the applicants, whereby [the child] would be adopted by a woman and the legal relationship with his biological father but not with his biological mother would cease, was incompatible with the law. This interpretation was in conformity with the Constitution and in particular with Articles 8 and 14 of the European Convention on Human Rights. According to the case-law of the European Court of Human Rights, member States had a particularly wide margin of appreciation in the sphere of adoption by homosexuals, as these issues were subject to societal change and were in a state of transition. The question whether a member State provided the possibility for two persons of the same sex to create a legal relationship with a child on an equal footing was therefore a matter for the State itself to decide, subject to the limits laid down in Article 8 § 2 of the Convention. The arrangement sought by the applicants was not possible under Austrian law.
The appellate court upheld the decision of the first-instance court, taking the view that the law was clearly based on the premise that the term ‘parents’ necessarily referred to two persons of opposite sex. This was reflected in the law on custody, which as a matter of principle gave priority to the biological parents over other persons. The same considerations applied in the sphere of adoption law. Here too the legislative provisions were based, in line with the biological reality, on the presence of a couple made up of parents of opposite gender. Where both the opposite-sex parents were present, there was no need for a provision enabling one of the parents to be replaced by the same-sex partner of the other; this did not reflect any wish to discriminate against same-sex partners. In the sphere of contact rights it was also recognised beyond dispute that, for a minor child to thrive, it was highly desirable that he or she should have a personal relationship with both – opposite-sex – parents, in other words with both a female (mother) and a male (father) caregiver. At least a minimum degree of personal contact between the child and both (biological) parents was to be desired and was generally made a requirement in the interests of the child’s healthy development. These considerations too could be applied in relation to adoption. The appellate court also endorsed the first-instance court’s view that there was no discrimination against same-sex partners from the standpoint of the case-law of the European Court of Human Rights. A difference in the treatment of persons living in a same-sex relationship was to be regarded as discriminatory only if it had no objective and reasonable justification, in other words, if the rule in question did not pursue a legitimate aim or if there was no reasonable relationship of proportionality between the means employed and the aim sought to be realised. Differences in treatment were found to be compatible with the Convention where weighty reasons had been put forward. The Austrian legislature pursued one such legitimate aim in seeking to ensure that children, as they were growing up, had the regular contact with both a male and a female parent which their development required. That aim was to be accorded the same respect as the mother’s decision to live in a same-sex partnership. There was no justification, however, for depriving a child of the relationship under family law with his or her parent of the other sex.
The appellate court ruled that leave to appeal on points of law should be granted since no case-law existed on the issue of the lawfulness of the adoption of a child by the same-sex partner of one of his or her biological parents.
The applicants’ appeal on points of law is admissible for the reasons given by the appellate court. It is nevertheless unfounded.
Article 179 § 2 of the Civil Code provides that the adoption of a child by more than one person is permissible only where the adoptive parents are a married couple. Legal commentators have concluded from this that adoption by more than one person of the same sex (whether simultaneously or consecutively) is prohibited (see Schwimann in Schwimann, Civil Code § 179, point 6, and Hopf in Koziol/Bydlinksi/Bollenberger, § 179, point 2, both cited by the Vienna Regional Civil Court, 27 August 2001 – EFSlg 96.699).
The second sentence of Article 182 § 2 of the Civil Code governs the effects produced in the event of adoption by one adoptive parent. If the child is adopted only by an adoptive father (an adoptive mother), the ties of kinship cease only in respect of the biological father (the biological mother) and his (her) relatives. It is quite clear from the materials (ErlBem RV 107 BlgNR IX. GP, 21) that this provision should be construed to mean that the non-proprietary legal ties are severed only with the biological parent who is being replaced by an adoptive parent of the same gender. In explicit terms, this means that the child cannot, for instance, be deprived of his or her biological father if he or she is being adopted just by a woman (see also: Schwimann in Schwimann, op. cit., § 182, sub-paragraph 3; |
Bashir Mutsolgov | 10. Bashir Mutsolgov's neighbour, Ya. Kh., heard a noise and looked out of the window of her house. She saw across the street a group of men throw Bashir Mutsolgov into the white Niva vehicle. After that the vehicles with |
Salambek Alapayev | 9. On the night of 26 December 2004 the family, except the first applicant, who was attending funerals in another village, was sleeping in their house at the above address. At about 3 a.m. on 27 December 2004 the second applicant and |
Sutyagin Igor Vyacheslavovich | 104. On 7 April 2004 the judgment was delivered. It stated as follows:
“The court ..., having examined in a closed hearing a criminal case on the charges against Sutyagin Igor Vyacheslavovich of having committed an offence provided for by Article 275 of RF CC [Criminal Code]
ESTABLISHED:
By the jury verdict of 5 April 2004 that Sutyagin is found guilty in that from 19 February to June 1998 in the cities of Birmingham and London (Great Britain) [he] met with Sh. Kidd, representative of US military intelligence, and gave his consent for co-operation for collection of data about the Russian Federation with its subsequent transfer to the said person. On Sh. Kidd’s instructions Sutyagin collected, stored and transferred, at different times, at the RAN [Russian Academy of Science] Institute for the USA and Canada in Moscow and Obninsk, Kaluga Region, the following data:
(a) from 24 June to 15 September 1998, information on the topic “the structure and state of the domestic missile early warning system”, specifically ... , was collected and stored, and subsequently handed over to Sh. Kidd, representative of US military intelligence, at ... [hotel A] in Budapest (Hungary) from 15 to 17 September 1998;
(b) from 22 October 1998 to 15 January 1999, information on the topic “the RF Ministry of Defence’s failure to implement in full plans to set up permanent readiness units in 1998”, specifically ..., was collected and stored, and subsequently handed over to Sh. Locke and N. Kidd, representatives of US military intelligence, at ... [hotel B], room ..., Budapest (Hungary), from 15 to 18 January 1999;
(c) from 18 January to 27 March 1999, information on the topic “options for the structure of the RF’s strategic nuclear forces for the period up to 2007”, specifically ..., was collected and stored, and subsequently handed over to Sh. Kidd, representative of US military intelligence, at ... [hotel C], London (Great Britain) from 27 to 31 March 1999;
(d) from 31 March to 20 May 1999, information on the topic “specific features of the construction and military potential of the MiG-29 SMT aircraft and the military potential of the modernised MiG-29”, specifically ..., was collected and stored, and subsequently handed over to N. Locke, representative of US military intelligence, at ... [hotel D] in Birmingham (Great Britain) from 20 to 23 May 1999;
(e) from 23 May to 14 July 1999, information on the topic “possible directions in the development of domestic air-to-air directed missiles”, specifically ..., was collected and stored, and was handed over to N. Locke, representative of USA military intelligence, at ... [hotel E], Brussels (Belgium) from 14 to 18 July 1999.
On the basis of circumstances as established by the guilty verdict the court determines that the accused Sutyagin’s acts were high treason in the form of espionage under Article 275 of the RF CC, specifically transmission, collection and storage with a view to transmission to foreign state representatives, of information constituting State secrets, to be used to damage the RF’s national security committed by a RF citizen.
It has been established that the aforementioned information, which Sutyagin collected and stored with a view to transmission, and transmitted to US military intelligence representatives, constitutes State secrets.
Furthermore, the mechanism of the espionage activities committed by him is characterised by a mercenary motive ... [Sutyagin] transmitted to foreign state representatives information about the Russian Federation of a military and military-political nature constituting State secrets to damage the RF’s national security in exchange for a cash award in an attempt to derive gains of a pecuniary nature.
...
In deciding on the culprit’s punishment in accordance with Article 60 of the RF CC the court takes into account the nature and the degree of social danger of the committed acts, information on his personality, and the impact of the punishment imposed on his reformation and on the conditions of his family’s life.
The court takes into account Sutyagin’s positive references from his place of work and residence, his having two dependant minor children, born in 1990 and 1991, and his state of health.
Under the jury’s verdict the culprit does not deserve leniency. The court found no circumstances extenuating or aggravating Sutyagin’s punishment.
Taking into consideration the specific circumstances of the case, and the fact that the RF’s defence and security was damaged as a result of the transmission by Sutyagin of information about Russia constituting State secrets to foreign state representatives, the court concludes that the culprit’s correction and reformation are only possible in the conditions of his isolation from society by serving his sentence in a strict-regime correctional colony.
On the basis of the aforesaid and being governed by Articles 343, 348, 350 paragraph 3 and 351 of the RF CCP, the court
SENTENCED:
|
Brian Nelson | 26. Following the Panorama programme, the DPP asked the Chief Constable of the RUC to conduct further inquiries into the issues raised in the programme. In April 1993 John Stevens, then Chief Constable of the Northumbria Police, was appointed to conduct a second inquiry (the Stevens 2 inquiry). According to the Government, he investigated the alleged involvement of |
Babar Ahmad | 43. In reply, the Court pointed out, in a letter of 25 May 2012, that the request to lift the measure and the application would be re-examined once the judgment delivered on 10 April 2012 by the Court in |
Abdulkasim Zaurbekov | 16. The first applicant’s sister-in-law also managed to look through an attendance register (журнал регистрации посетителей) in which she found an entry to the effect that Abdulkasim Zaurbekov had entered the building at 11.20 a.m. on 17 October 2000. There was no entry confirming that |
Anvar Shaipov | 57. On 31 January 2007 the investigators questioned the first applicant's neighbour, Ms Kh. Kh., who stated that at about 5 p.m. on 13 September 2000 she had been at home when she had seen Magomed-Ali Abayev and |
Akhmed Gazuyev | 118. On 28 December 2000 the investigators questioned the deputy head of the local administration, Mr L.M., who stated that he had participated in the special operation on 25 December 2000 and that he had, amongst other things, personally assisted in the detention of |
Musa Gaytayev | 28. On 28 July 2003 the first applicant complained to the Prosecutor’s Office of the Chechen Republic of the failure on the part of the district prosecutor’s office to conduct an effective investigation. She requested that the criminal proceedings be resumed and measures taken to establish the whereabouts of |
Önder Babat’s | 9. On the same date between 8.00 p.m. and 8.40 p.m. officers from the Beyoğlu police headquarters took statements from Önder Babat’s three friends who had been with him at the time of the incident and from a waiter who worked at a nearby café. They all affirmed that they had no idea what had caused |
Shamsudi Vakayev | 77. Between 3 and 4 a.m. on 2 April 2005 a group of armed masked men wearing camouflage uniforms burst into the Vakayevs' house. The men did not identify themselves but asked where Shamsudi Vakayev was. The first applicant told them that her husband slept in an annex to the house. The men went there, awakened |
Ruslan Taymuskhanov | 56. On 1 November 2005 the district prosecutor's office ordered the Groznenskiy district department of the FSB to check if Ruslan Taymuskhanov had had any contact with any of the leaders of illegal armed groups. It followed from the reply received that since 2002 |
Gordon Halliday | 28. The inquiry opened in May 1996. It was chaired by Mr Kieran Coonan QC, Recorder of the Crown Court, the other members of the panel consisting of Professor Bluglass (Emeritus Professor of Forensic Psychiatry at the University of Birmingham), Mr |
Minister of the Interior | 118. After carrying out an additional investigation in line with the instructions set out in the judgment of 30 June 2003, the military section of the prosecutor’s office at the High Court of Cassation and Justice committed the former |
Magomed-Salekh | 66. On 29 January 2003 the district prosecutor’s office instituted an investigation into the abduction of Magomed-Salekh and Magomed-Ali Ilyasov under Article 126 § 2 of the Criminal Code (aggravated kidnapping). The decision stated that the applicant’s complaints and the materials in operational-search file no. 000006 contained information that at about 4 a.m. on 12 November 2002 unidentified masked and armed persons in camouflage uniforms, who were driving two APCs and a grey UAZ vehicle, had abducted |
Mehmet Özdemir | 11. The applicant did not witness the abduction of her husband. She was informed by an eye-witness who told her that, on 26 December 1997, two armed men, dressed in civilian clothes, with walkie-talkies had entered the coffee house where |
the President of | 42. In November 2005 the first applicant lodged a further application for review before the President of the Regional Court. On 22 November 2005 the application was examined and rejected by another judge of the Regional Court. In March 2006 the first applicant again applied for review before |
Kazbek Vakhayev | 61. On 21 May 2004 the first applicant requested the Urus-Martan District Prosecutor's Office to bring criminal charges against Colonel Sh., against the head of the detention facility of the Urus-Martan VOVD and against all the servicemen of that department involved in the arrest of |
Musa Elmurzayev | 71. The investigation of the kidnappings of Apti and Musa Elmurzayev did not establish the identities of the perpetrators. The implication of special units of State agencies and federal forces in those crimes was not proven. Neither was it proven that the perpetrators had been driving APCs and UAZ vehicles. According to the information obtained by the district prosecutor's office from the Department of the FSB of the Urus-Martan District, various departments of the interior and military unit no. 90567, Apti and |
D. Shabelnik | 23. On 10 October 2002 the Supreme Court of Ukraine upheld the decision of the appellate court. In reply to the complaints of the applicant and his lawyer of a violation of the right to defence, the court stated:
“The arguments of the appeals as to the violation of the right to defence of |
Chief Sergeant S | 33. Following the remittal by the Sofia Military Court, on 16 March 2007 the investigator arranged for an inspection of the knife, but this failed to determine whether the blade had been open or closed at the time of the shooting. A further medical-ballistics report, dated 27 March 2007, made no reference to the bullet hole in the bonnet of the car and concluded that it was impossible to establish the exact position of the bodies at the time of the shooting. The investigator also requested |
Ahmet Sadık | 8. For practical reasons, Mrs Zarakolu will continue to be called “the applicant”, although Mr Zarakolu is now to be regarded as such (see Dalban v. Romania [GC], no. 28114/95, § 1, ECHR 1999-VI and see also |
Rizvan Tatariyev’s | 133. Rizvan Tatariyev was apprehended in his house in the early hours of 22 December 2001. In the morning of 22 December 2001 his relatives learned that on the same night another man, Sharpudi Visaitov, had been detained in their village of Gekhi. The fourteenth applicant, |
Mehmet Akan | 144. At around 9 a.m. the witness saw a helicopter, which flew over the village and continued to the east towards the plain. Thereafter he heard gunshots and half an hour later some of the animals came back to the village, most of them wounded. Hacire came back to the village at around noon. She told the villagers that the helicopter had landed and that the soldiers who had come out of the helicopter had forced the women to go back to their village. However, she had seen |
Veysel Eroğlu | 85. On 13 March 2000 counsel for Ms Kırbıyık lodged a formal complaint against 47 gendarmes and officers who had taken part in the operation. That complaint, recorded in a third file (no. 2001/16237), was followed by further complaints lodged separately on 9 June 2000 by |
Musa Akhmadov | 17. On the day of detention, on 6 March 2002, Musa Akhmadov’s relatives went to the military base in Khatuni, but were not allowed to go through the gates. At about 6 p.m. the head of the temporary group of policemen from Samara on mission in Vedeno district, Mr Andrey K., came out to see them. He confirmed that he had seen |
Magomed Shidayev | 26. The transcripts also state that the witnesses and Akhmed Shidayev were questioned about their possible relationship with Murad Yu. According to a statement made by Akhmed Shidayev’s sister to the Court in June 2010, their other brother, |
Shamkhan Tumayev | 42. Again on the same date, ROVD officers obtained a written statement from the second applicant, in which she explained that at about 2 a.m. on 19 September 2004 someone had started knocking on the door of the part of the house where she had been staying with |
K. Ramanauskas | 27. On 27 February 2001 the Supreme Court dismissed the applicant’s cassation appeal in a decision which included the following passages:
“There is no evidence in the case file that [the applicant’s] free will was denied or otherwise constrained in such a way that he could not avoid acting illegally. [AZ] neither ordered [the applicant] to intervene in favour of the person offering the bribe, nor did he threaten him. He asked him orally for help in securing the discontinuation of proceedings [against the third person] ... |
Abdurrahman | 19. On 16 May 2001 the Gebze prosecutor questioned the applicant about these complaints. The applicant maintained his complaints and informed the prosecutor that on his return from the hospital he had been beaten up again by the gendarmes. He added that according to information he had obtained subsequently, an officer named either “Abdullah” or “ |
Van den Heuvel | 247. As to the merits of the case, the Court of Appeal was satisfied that Officer Brons had acted to avert a threat of harm by a deadly weapon and had acted in legitimate self-defence. It based this finding on the statements of Officers Brons and Bultstra and Mr |
Zaur Demilkahnov | 53. Rustam Z. was questioned again on 11 November 2004 and stated that in the evening of 16 September 2000 he had been asked to keep watch outside the house of the police officer. He had heard shots fired inside the house. After about 30 minutes he saw that other members of the gang had brought an older man to the house and heard further shots being fired. The gang members later told him that they had not found the police inspector at home and had killed his son [ |
Goran Hadžić | 7. In response to atrocities then taking place in Bosnia and Herzegovina, on 25 May 1993 the United Nations Security Council passed resolution 827 establishing the International Criminal Tribunal for the former Yugoslavia (“the ICTY”) headquartered in The Hague. Although the ICTY and national courts have concurrent jurisdiction over serious violations of international humanitarian law committed in the former Yugoslavia, the ICTY can claim primacy and may take over national investigations and proceedings at any stage if this proves to be in the interest of international justice. It can also refer its cases to competent national authorities in the former Yugoslavia. More than 60 individuals have been convicted and currently more than 40 people are in different stages of proceedings before the ICTY. Two accused are still at large (Mr |
Akhmed Gazuyev | 120. On 11 March 2001 the applicant’s husband informed the investigator that on 25 December 2000 Akhmed had left home at about 11 a.m. and had not been since since. He further stated that on 27 December 2000 the Urus-Martan district military commander, Mr G.G., had said in a television programme that the authorities had arrested members of illegal armed groups and named among them |
Robert Dragin | 34. On 22 March 2010 a three-judge panel of the Rijeka County Court extended the applicant’s detention under Article 102 § 1 (3) of the Code of Criminal Procedure (risk of reoffending). The relevant part of the decision reads:
“The accused are charged with developing a detailed plan to commit the offence of incitement to aggravated murder under Article 91(4) and (6) in conjunction with Article 37 of the Criminal Code; it was intended that the murder should be committed by another person, who owed them money. The first accused, I.F., had arranged the purchase of the firearms and explosives and the second accused, |
Tugendhat J | 16. The hearing in the High Court before Tugendhat J lasted three weeks, including six days of oral evidence. He considered live evidence from 18 lay witnesses and two experts, statements from a further 138 witnesses, thousands of pages of documentary evidence and video footage from hand-held and security cameras and police helicopters. In his judgment, delivered on 23 March 2005 ([2005] EWHC 480 (QB)), |
Geneviève Lhermitte | 32. On 14 December 2008 the panel of three psychiatrists adopted a report in which they expressed a unanimous opinion. They began by noting by way of introduction:
“[The first question, concerning the applicant’s ability to control her actions at the time of the events and at present] is regularly the most difficult and controversial because of the ‘all or nothing’ nature of the answer that has to be given regarding inability to control one’s actions, so much so that some psychiatrists have for that reason declined to produce expert reports in criminal cases. A total loss of control over one’s actions is absolutely clear only in certain cases, such as delusional psychosis (‘dementia’). In other cases, it is more debatable and the personal conviction of the experts will be influenced by the presence of certain indicators. Their conclusions, in concise form, must give precise answers to the questions set out in the instructions. These answers reflect the experts’ personal conviction after carrying out the various written procedures. They are only ever an informed opinion, and not an absolute scientific truth.”
The experts went on to make the following findings in particular:
“The letter of 13 February [2007] suggests all the signs of melancholic major depression. ... These melancholic states are grounds for emergency hospital admission, or observation, where necessary. ... In the second letter, although in terms of content she unequivocally expresses her anxiety in relation to a suicide where ‘I will take my children with me, because there is no longer any future’, in terms of meaning she is clearly asking for help, apparently foreseeing her inability to control her future actions. ... These documents thus demonstrate beyond doubt that Ms Lhermitte no longer felt capable of controlling her actions ... it has always been clear that there was mental disturbance ... new evidence [warrants] the firm conviction that at the time of the events, Ms Lhermitte was incapable of controlling her actions on account of a severe mental disturbance. ... Ms Lhermitte developed a severe state of anxiety and depression ... [and] a transient dissociative state of depersonalisation, causing her to perform acts of extreme violence. Only operational thought remains; reflective consciousness is momentarily lost. ... Currently ... she remains fragile and there is still a chance, particularly because mourning is impossible, that she will experience a further episode of mental disturbance making her incapable of controlling her actions: the possibility remains that she may attempt suicide ...
CONCLUSIONS
The mental examination of |
Ilona Isayeva | 106. In her statement of 15 December 1999 the first applicant asked the Nazran Town Court to certify the fact of her two children's deaths. She submitted that on 29 October 1999 a refugee convoy was attacked by fighter planes on the “Kavkaz” highway, between Achkhoy-Martan and Shaami-Yurt. Many people were killed, among them her children |
Hutten-Czapska | 9. Pending the outcome of the pilot-judgment procedure in the present case and having regard to the aim of that procedure, which is to facilitate the most speedy and effective resolution of a dysfunction at domestic level through general measures whereby the State provides a global solution for all the persons actually affected and prevents similar repetitive violations in the future (see Broniowski v. Poland (friendly settlement) [GC], no. 31443/96, § 35, ECHR 2005‑IX and |
Kurmanbek Bakiyev | 39. International Crisis Group Asia report no. 222 of 29 March 2012 “Kyrgyzstan: widening ethnic divisions in the south” reads, inter alia, as follows:
“Kyrgyzstan’s government has failed to calm ethnic tensions in the south, which continue to grow since the 2010 violence, largely because of the state’s neglect and southern leaders’ anti-Uzbek policies. Osh, the country’s second city, where more than 420 people died in ethnic clashes in June of that year, remains dominated by its powerful mayor, an ardent Kyrgyz nationalist who has made it clear that he pays little attention to leaders in the capital. While a superficial quiet has settled on the city, neither the Kyrgyz nor Uzbek community feels it can hold. Uzbeks are subject to illegal detentions and abuse by security forces and have been forced out of public life...
The nationalist discourse that emerged after the Osh violence unnerved the interim government that had replaced President |
Ivanov-type | 43. According to the statistical information in the Court’s possession on the date of delivery of the present judgment, there are 12,143 Ivanov-type cases pending before the Court, 7,641 of which have already been communicated to the Government. The available data shows that since 3 July 2012, when the Court introduced the fast-track procedure for grouped judgments and decisions, the Court has examined and disposed of 14,430 |
Nikolaos Leonidis | 31. Furthermore, the Katerini Assize Court examined the facts complained of under the provisions concerning reckless homicide. It concluded that:
“... on the night of 25 March 2000 [G.A.] carried out his duties in the most impeccable way possible. He pursued the deceased with professional consciousness, he did not fire his gun during the pursuit, although another in his place might have done so, and, most importantly, he arrested and immobilised the deceased holding his revolver in his right arm and pointing it to the sky, in order to avoid accidents... What followed, i.e. the death of |
Teodosiy Simeonov | 11. The applicant decided to complete the planned action. He put in the centre of Pleven two stands and two posters reading “We, the supporters of the UDF, call for the resignation of the top idiot of the Government |
Knyazev Vitaliy Anatolyevich | 64. On 11 November 2005 the Government sent the Court a copy of a statement dated 5 August 2005, addressed to the Representative of the Russian Federation at the Court, Mr Laptev, and written and signed by the applicant. The statement read as follows:
“I ask you to examine and accept the statement written in my own hand that I, |
Ramzan Chankayev | 75. On 19 September 2001 a group of about fifteen servicemen arrived at the applicants’ neighbourhood in Urus-Martan and cordoned off the area. Their UAZ car had no registration plates and the registration number of their Ural lorry was obscured by mud. All the servicemen were armed and wore camouflage uniforms and masks, save for the commanding officer. The latter was unmasked, had Slavic features and had an FSB emblem on his sleeve. After a quick search of the applicants’ house, the servicemen told them in unaccented Russian that they had to take Mr |
Haapalainen | 23. In elaborating on the applicant's possible guilt the court reasoned as follows:
“The court acknowledges the freedom of the press to report critically on hospitals and, among other issues, on any alcohol abuse that might have been established in such an institution. A critical reviewer must nevertheless bear in mind that his or her statements may amount to criminal defamation. The readership has the right to expect that the facts forming the basis of an article have been verified and that any erroneous piece of information has been corrected. The persons dealt with in the articles are entitled to demand that they be based on correct facts and a person who has been criticised must be given the right to respond. These principles are also to be found in the ethical guidelines adopted within the [journalistic] profession.
Ms Selistö's conduct does not meet the aforementioned criteria. The surgery performed by [X] has been carefully scrutinised without any error [on his part] having been established. Regardless of this, Ms Selistö's article [of 27 February 1996] contains a groundless allegation that the surgeon conducted an operation in a drunken state or while suffering from a hangover.
When writing her article [of 27 February 1996] Ms Selistö had become aware that it was capable of subjecting the surgeon who had operated Mrs |
Jürgen Buck | 15. On 13 March 1997, at an unknown time, the Bad Urach District Court, in the context of the above proceedings against V.B., issued a warrant to search the business and residential premises of the applicant. The warrant read as follows:
“In the context of the preliminary investigations against
... [V.B.] ...
concerning
the contravention of a traffic regulation,
pursuant to Article 33 § 4 of the Code of Criminal Procedure without a prior hearing, in accordance with Articles 94, 95, 98, 99, 100, 102, 103, 105, 106 § 1, 111 et seq., and 162 of the Code of Criminal Procedure and section 46 of the Contraventions of Regulations Act, 1. the search of the business and residential premises of the father, |
Idris Iduyev | 72. The Government also submitted copies of log entries for the first applicant and for her son Idris Iduyev. The first applicant's card contained information about her name, date and place of birth and place of residence. It stated that she had entered Chernokozovo on 25 January and that on 16 February 2000 she had been transferred to hospital. The entry for |
Apostolidis | 24. On 24 December 2001 charges were brought against the applicant for resisting arrest, assaulting a police officer and causing grievous bodily harm. On 13 January 2004 the applicant appeared before the investigating judge in order to testify with regard to the charges against him. The applicant contended that Police Officer |
Iriskhanovs' | 50. On 7 June 2005 the investigators questioned the applicants' neighbour, Ms Z.N., who stated that at about 7 p.m. on 19 June 2002 she had been at home when she had heard armoured vehicles in the street. She had gone outside and next to the |
Patrick Nolan | 14. On 3 August 2000 the Rossiyskaya Gazeta newspaper ran an article on the Unification Church’s activities in southern Russia which – according to the applicant – described in general terms the grounds subsequently endorsed by the Federal Security Service in favour of his expulsion. It was entitled “Caramels from Moon will drive to debility” («‘Гуцулочки’ от Муна до маразма доведут»):
“The prosecutor’s office of the Stavropol Region has banned the activity of social organisations under the protection of which the Korean Moon ... was buying souls for $500 a piece.
Once there were two public organisations registered by the Stavropol Department of Justice: the Youth Federation for World Peace (YFWP) and the Family Federation for World Peace and Unification (FFWPU). As it turned out, these so-called public movements preach one of the most dangerous religions of the past century...
Outwardly inoffensive ‘pedlars’ who sell or give away the ‘New Families’ newspaper and cheap caramels lure young men and women into Moon’s family ... Young missionaries who were freely permitted to lecture to senior students at Stavropol schools introduced themselves as volunteers from the International Education Fund (IEF), [which is] one of Moon’s many ‘parishes’ ...
The self-proclaimed lecturers had no documents authorising them to talk to students. To ‘sweeten’ the lectures, they distributed caramels. Later, a panel of experts from the Stavropol clinic for borderline states gave a negative appraisal of Gutsulka caramels that Moonies distributed to children and adults alike. As it turned out, an outwardly inoffensive caramel destroys the human being’s energy-information profile. Simply speaking, such caramels with little-known inclusions – in some of them small holes are visible – facilitate the conversion of neophytes into zombies.
The contents of Moonies’ lectures leave a strong aftertaste of debility. It is sufficient to read the briefing materials [prepared by] the IEF – an outline of the lecture on ‘Preparation of a Secure Marriage’. Citation: ‘The genitals belong to a spouse and they only serve their purpose in a marital relationship ... Until the marriage you are the guardian of your genitals for your future spouse ...’
After some time ... [a certain young man] was introduced to the head Moonie in the Northern Caucasus, |
Klestil-Löffler | 9. By judgment of 15 June 2004 the Vienna Regional Criminal Court (Landesgericht für Strafsachen) ordered the applicant company to pay compensation of 5,000 euros (EUR) to the first claimant, Mr Klestil, and EUR 7,000 to the second claimant, Mrs |
Giles Van Colle | 18. On 19 October 2000 DC Ridley took statements from Giles Van Colle and Mr P. In his statement Giles Van Colle said that he believed the caller was Mr Brougham because of the accent and because he had no involvement in any other legal matter whether civil or criminal and he described himself as having been “totally shaken up” by the call. DC Ridley stated during later disciplinary proceedings that, while |
Taško Šterjov | 5. On 21 July 2004, namely before the application was introduced, the ninth applicant had died. With a letter of 3 September 2007 the applicants’ representative informed the Court about the ninth applicant’s death and that the application would be pursued on his behalf by his heir Mr |
Bayali Elmurzayev | 25. According to the Government, in the village of Duba-Yurt on 27 March 2004 in the period between 2 and 3.30 a.m. unidentified men wearing camouflage uniforms and masks, armed with automatic firearms and equipped with armoured personnel carriers and UAZ vehicles, abducted |
Rasul Jafarov | 21. Following the interview, the investigator issued a decision charging the applicant under Articles 192.2.2 (illegal entrepreneurship), 213.1 (large‑scale tax evasion) and 308.2 (aggravated abuse of power) of the Criminal Code. The description of charges consisted of a single sentence which was one page long and was similar to that used in the case of |
Abdullah Çatlı | 61. In an article published in the daily newspaper “Radikal” on 5 December 1996, the journalist İsmet Berkan wrote:
“It all dates back to early 1992. At that time the Turkish Chief of Staff's office made radical changes in its strategy in the fight against the outlawed PKK. The military units, which used to take action only after PKK attacks had taken place by engaging in hot pursuit, started to be organised as a guerrilla force. Now they were taking pre‑emptive action. This change soon started to bear fruit. The PKK no longer had the initiative. Now the PKK was on the run with the soldiers at its heels.
The PKK gradually withdrew from the centres of population where it had been staging attacks, taking refuge in the mountains. But Turkey's “active fight” against terrorism was continuing. This time, the logistic support for the PKK in the mountains began to diminish through village evacuations. The PKK had been greatly weakened, and seemed to be on the verge of being “finished off”.
But the change in the strategy was not limited to a “low-intensity conflict” in the region. It was decided that a “more active” drive was required to dry up other sources of terrorism too. In this way, with a little effort, this job would be “finished off next spring”.
This would take the form of a two-pronged effort. Terrorists would be caught – or killed if necessary – before they actually staged attacks. And the persons who provided the terrorists with material or moral support would be equated with the terrorists themselves.
This change in strategy was put on the agenda of the National Security Board at the end of 1992. A National Security Board document, which the author of this column was allowed to see, contains the chart of the organisation that was to be created for this purpose, as well as the names of the persons who would take part in it. These names included |
Mehmet Kurnaz’s | 25. On 2 August 1996 the public prosecutor at the İzmir public prosecutor’s office decided not to investigate Mehmet Kurnaz’s allegations of ill‑treatment on the ground that there was already a decision of non‑prosecution against the prison officers in respect of the same event and that the case file against the gendarmes was before the İzmir Governor’s Office. |
Michael Fitzgerald | 15. Acting Sergeant Phillips went to the kitchen window at the rear of the premises. The window was open. Acting Sergeant Phillips was able to move the venetian blinds and identified himself as a police officer. He was confronted by a man from within the shadows of the room. Acting Sergeant Phillips thought the man to be a few inches shorter than his own height of 6' 1”. The man, who was in fact |
A. N.] Mironov | 38. On 2 July 2004 the Moscow Region Deputy Prosecutor decided not to institute criminal proceedings in respect of the alleged ill-treatment of the applicant on 23 June 2002. The order read, in so far as relevant, as follows:
“...[ |
Musa Elmurzayev's | 60. At about 3 a.m. on 27 January 2003 unidentified masked persons armed with machine guns entered the house at 27 Krasnoarmeyskaya Street, Martan-Chu, kidnapped Musa Elmurzayev and took him away in an unknown direction.
(d) Investigation into |
Ruslanbek Vakhayev | 8. After that the servicemen started to beat Mr M.D. Ruslanbek Vakhayev tried to talk to the officers, but one of them pulled the cap off his head and threw it on the ground. Then Ruslanbek hit the officer in the face. Next the servicemen started to beat him with rifle-butts and kicks and closed the passage through the checkpoint. As a result, a large crowd of local residents gathered at the roadblock awaiting the opening of the passage and witnessing the beating of |
Isa Kaplanov | 76. On 8 September 2004 the Supreme Court of the Chechen Republic dismissed the applicant’s appeal and upheld the first-instance decision on appeal. It noted in particular that the involvement of federal servicemen in the detention and subsequent disappearance of |
Moreno Gómez | 24. Three judges out of twelve issued a dissenting opinion holding that there had been a violation of Articles 10 § 2, 18 §§ 1 and 2 of the Constitution. In particular, the dissenting judges argued that the standard employed by the Constitutional Court to decide when the right to privacy and family life had been infringed should have been based on the case-law of the Court and that prolonged exposure to a high levels of sound that could be qualified as avoidable and unbearable deserved the protection of the courts, given that it impeded him from living a normal life. They reiterated that according to the judgment delivered in the |
Zdravko Tolimir | 23. On 20 April 2006 the ad hoc commission adopted a report. Having interviewed numerous people, it established that Mr Palić had been captured by the VRS forces (that is, by Mr Radomir Furtula of the Rogatica Brigade) and handed over to Mr |
Abdülhakim Güven | 64. On 16 November 1993 the applicant was taken into custody when he was leaving the Diyarbakır State Security Court. He was transported to the Diyarbakır provincial gendarmerie command. In general he was made aware by his interrogators that the PKK confessor, |
Magomed Khashiyev | 46. In their testimonies dated 5 May 2000 Magomed Khashiyev and his sister Movlatkhan Bokova gave details concerning the discovery of their relatives' bodies. Both stated that on 25 January 2000 they had travelled to Grozny with the applicant and met Viskhan, who had told them that their relatives had been taken away by federal soldiers. They also testified about their return to Grozny on 10 February 2000, when they had followed Viskhan's directions and found three bodies, all frozen to the ground and with severe wounds to the head. |
the Minister of Industry | 19. The dissenting member of the Supreme Court, Mr Justice Ólafur Börkur Þorvaldsson, gave a separate opinion containing, inter alia, the following reasons:
“I
The original Industry Charge Act was Law no. 48/1975. It was stated in the explanatory notes to the draft law that it had been submitted in accordance with a recommendation of the FII, the National Federation of Craftsmen, and the Union of Icelandic Cooperative Societies. These provided a detailed report, which apparently was adopted verbatim in the explanatory notes. It included the observation that ‘... it may be noted that industrial enterprises and self-employed persons in industry collect various taxes for public authorities, both from their employees and from the consumers. The tax collection they carry out and are responsible for amounts to thousands of millions annually, entirely without remuneration. It therefore seems reasonable that the State should undertake to collect, by way of compensation for these parties, a charge which amounts to only a small fraction of what they collect for the State. This source of revenue should create a financial basis for more active participation by professional federations within Icelandic industry in shaping future industrial development’. The Act also contained a provision similar to that of the Act now in effect, that the Ministry of Industry should be sent an annual report on the use of the revenues derived from the charge. In this context, it was mentioned in the explanatory notes that this was a ‘provision intended to ensure that public authorities will be given a reasonable account of how the industry charge is used’.
Law no. 48/1975 was superseded by the present Law no. 134/1993. It was stated in the explanatory notes to the [1993] Act that those liable for the charge would be the same as before, but a system of reference to activity code numbers in accordance with the business activity classification of the Bureau of Statistics was adopted in order to ‘remove any doubt as to who are liable for this charge’. It was furthermore provided that the revenues derived from the charge should be transferred to the FII in their entirety, whereas under the previous Act they had been distributed between the Union of Icelandic Cooperative Societies, the Canning Industry Sales Office, the Federation of Icelandic Industrialists and the National Federation of Craftsmen. At the same time the tax base was changed, since the municipal business tax, on which the level of tax had previously been determined, had been abolished.
II
According to the Articles of its Statute, the FII is a federation of enterprises, self-employed persons, trades and master builders’ associations, who jointly wish to pursue common goals as enumerated in Article 2. This Article states the purpose and role of the Federation in ten points, as involving the promotion of Icelandic industries in various ways and supporting the members by all the means which are detailed therein. According to the documents submitted, the association involves itself with political issues, for example as regards membership of the European Union and taxation in various fields. Pursuant to Article 8, each member of the Federation enjoys voting rights at its meetings in proportion to his paid membership fees. It is provided in Article 14 that the membership fees are a maximum of 0.15% of the previous year’s turnover, but the board of the Federation may decide to collect lower membership fees. The provision goes on to state that ‘[p]arties paying an industry charge that is transferred to the Federation shall have that part recognised, and deducted when their membership fees to the Federation are calculated. If the industry charge is no longer levied, this deduction shall automatically be abolished. The voting right of each member shall be calculated on the basis of his paid membership fee. Management and decision-making within the Federation is, as generally within associations, the responsibility of its board and the managing director’.
Documents submitted from the FII relating to the period to which the [applicant’s] requests pertain do not contain a clear breakdown of how the industry charge is used. It also appears from a comment in the Federation’s reports on the use of the charge for the years 2002 and 2003 that the Federation does ‘not keep separate accounts of whether the individual elements of the Federation’s operations are financed by monies derived from membership fees, capital income, or the industry charge’. A similar declaration on this point is found in the report to the Minister in respect of the year 2001, but a report for 2004 is not in the case file. The Federation’s reports to the Minister are also in other respects similar from year to year. In fact the case file seems to permit the inference that part of the charge is used for the general management of the Federation. It cannot be seen from the submissions in this case that the Minister of Industry has made any observations concerning the use of the charge, and in a letter to the Master Builders’ Association of 15 February 2002, following complaints relating to the use of the charge, he expresses the following opinion: ‘As can be clearly seen from the Industry Charge Act, the FII has the unrestricted power to decide how the charge is allocated, and the Ministry of Industry cannot interfere with this as long as it remains within the framework of the law.’ It can be seen from the submitted reports of the FII for the periods to which this case relates that the arrangement has been used for granting those members of the Federation who pay the industry charge a discount on their membership fees equal to the amount of the charge. As an example, the following comment in the Federation’s report to |