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Aset Yakhyayeva | 17. In the morning on the same day, after having completed the sweeping operation, the military forces, headed by the military commander of the Shalinskiy District, Mr G.N., gathered in one part of Serzhen-Yurt, preparing to leave. At that point, A.I., the deputy head of the local administration Mr S. and several village residents complained to G.N. about the abduction of |
Ali Magomadov's | 54. On 15 January 2003 the Grozny District Prosecutor's Office issued the second applicant with a note confirming that the death of her husband on 23 October 2002 was being investigated by that office. The certificate was issued for submission to |
Yelena Mikhaylovna Vaskevich | 5. Ms Zoya Petrovna Mikhaylova was born in 1944. Ms Anna Vasilyevna Didorchuk was born in 1955. Ms Klavdiya Grigoryevna Khodakova and Ms Galina Vasilyevna Savchenko were born in 1951. Ms Tatyana Alekseyevna Bondarenko was born in 1950. Ms |
Güler Karataş | 36. On 23 June 2008 the Hozat public prosecutor ruled that he did not have jurisdiction to carry out the investigation and forwarded the investigation file to the Elazığ military prosecutor’s office. The prosecutor concluded that the incident had taken place while the soldiers had been carrying out their duties as military personnel and that jurisdiction to conduct the investigation therefore lay with the military prosecutor. In the Hozat public prosecutor’s decision the six military personnel were referred to as “suspects” of the offences of “attempted murder” and “murder”. The first applicant |
Zelimkhan Isayev’s | 41. On 10 May 2004 the investigator in charge of the case applied to the Urus-Martan Town Court, seeking authorisation to search Zelimkhan Isayev’s home. The request was granted on the same day, following which the authorities searched |
Aset Yakhyayeva | 52. On 2 December 2001 the investigators interviewed L.S. as a witness. She stated that Aset Yakhyayeva and Milana Betilgiriyeva had stayed at her parents’ home on the night of 7 November 2001. In the morning of 7 November 2001 L.S. and the other women had been woken up by a group of armed men in camouflage uniforms who had spoken unaccented Russian. The men had asked L.S. if there were other men in the house. After the armed men had left, L.S. and the other women had discovered that the intruders had taken away |
Vincent Lambert | 27. Observing that Dr Kariger’s decision had been based on the wish apparently expressed by Vincent Lambert not to be kept alive in a highly dependent state, and that the latter had not drawn up any advance directives or designated a person of trust, the Administrative Court found that the views he had confided to his wife and one of his brothers had been those of a healthy individual who had not been faced with the immediate consequences of his wishes, and had not constituted the formal manifestation of an express wish, irrespective of his professional experience with patients in a similar situation. The court further found that the fact that |
Khasan Musayev | 13. Early in the morning on 5 February 2000 the first applicant heard shots from automatic guns in the neighbourhood. He was at his cousins' house at 122 Voronezhskaya Street with his three cousins, |
Sandro Girgvliani | 101. At about 1.15 or 1.20 a.m. Sandro Girgvliani and L.B.-dze entered the Café Chardin. Sandro Girgvliani went up to Th.M.-dze, gave her a kiss and asked her how she was. He then went to talk to some other people he knew in the room. 15 or 20 minutes later, he signalled to Th.M.-dze that he was about to leave. When Th.M.-dze asked him where he was going |
Vakha Abdurzakov | 20. After a certain lapse of time the applicants agreed to pay the money demanded, borrowed USD 2,800 from their acquaintances and gave it to Ms Yu. on 7 January 2003. Nevertheless, they had no news from |
Nodar Shotadze | 83. In order to illustrate this point, the committee conducted a detailed examination of various items of evidence and statements obtained in the criminal proceedings against Mr David Assanidze, Mr Tamaz Assanidze, Mr |
Desmond Grew | 42. In response to judgments of this Court (including the above-cited McKerr and Hugh Jordan cases), decisions not to prosecute became amenable to challenge by way of judicial review. The applicants requested reasons for the decision not to prosecute in April 1993. On 25 July 2011 the Acting Deputy DPP provided the following reasons for the 1993 decision not to prosecute:
“Having carefully considered all the evidence and information it was concluded that the Test for Prosecution was not met in respect of any soldier for any offence relating to the deaths of |
Olga Biliak | 8. On 18 November 2002 the Solomyanskyy District Police Department of Kyiv (Солом'янське РУ ГУ МВС України в м. Києві – “the District Police Department”) instituted criminal proceedings against Olga Biliak and S. for assaulting and robbing a certain A. On 15 January 2003 the cases against |
Zeynel Güloğlu | 42. As regards the applicant Zeynel Güloğlu, the witnesses noted that he lived in the house of Musa Arat as a tenant in Tepsili but that he did not own any land in the village. He earned his living by stockbreeding. The witnesses also stated that |
I. Geraschenkov | 9. On 14 July 2005 the Bryanskiye Budni published the full version of the article. It was entitled “Where does the ‘children’s money’ disappear to?” (Куда исчезают «детские деньги») and read as follows:
“The Bryansk Department of Education headed by |
Güngör S.E. | 32. Güngör S.E. later left the house to check with a police station and a hospital, but without any success. He returned to the applicant's house the next morning at around 9.30 a.m. At around 10 a.m., there was a telephone call from the police inviting the applicant to come to the police station. The applicant refused to go. |
Mehmet Şah Şeker | 21. On 15 February 2002 the International Law and Foreign Relations Directorate of the Ministry of Justice requested the public prosecutor’s office in Bismil to conduct an effective investigation into the disappearance of |
Musa Temergeriyev | 84. On 21 February 2005 the Chechnya military commander forwarded the seventh applicant’s complaint about her brother’s abduction to the Chechnya prosecutor’s office. The military commander stated that:
“... On December 2002 officers of the Ministry of the Interior using two APCs without registration plates took him [ |
the Minister of Interior | 10. On 23 June 1998 the Supreme Court quashed the decisions of the lower courts and remitted the case for additional pre-trial investigations. The Supreme Court noted that the charges against the applicant had been vague. In particular, the charges of bribery indicated in the bill of indictment had been reclassified during the proceedings to an abuse of office. As a result, the applicant’s defence rights had been unduly restricted. Moreover, the Supreme Court considered that the investigation had been incomplete and it pointed to the need to examine the applicant’s allegation that he had acted in accordance with an order of |
Kenan Bilgin | 76. As his two closest relatives had also been detained on the same premises, he had endeavoured to keep watch through an aperture in the cell-door window to see what was happening in the corridor. On 16 or 17 September he had seen a prisoner in the toilets, with his back to the wall. The prisoner was exhausted and did not have the strength to remain upright. He was being insulted and pulled backwards by his hair. The witness had seen the same prisoner on another occasion, in similar circumstances, being dragged along by police officers. On the third occasion he saw him, the prisoner was in very poor shape and incapable of standing up. He had cried out: “My name is |
Roman Zadoinov | 26. The above letter generated a heated debate in the media. On 30 June 2006 the Moldovan Bar Association issued an official statement in which it qualified the Prosecutor General's letter as an attempt to intimidate lawyers. In an interview to the newspaper Ziarul de Garda the President of the Bar Association declared, inter alia, that this was an attempt to intimidate lawyers so that they would not complain to the Court any more. At the same time Amnesty International organised action in support of the lawyers mentioned in the Prosecutor General's letter and issued a statement in which it declared, inter alia, the following:
“[Amnesty International] is concerned that the letter to the Bar Association of Moldova is a deliberate attempt to intimidate A.U. and |
Vladimir Nikolayevich Konovalov | 13. As the judgment had not been executed, the applicant brought an application for index-linking of the award in line with an increase in the market prices of immovable property. At a hearing before the Town Court the defendant town council did not object to the applicant’s claim. In a judgment of 19 April 2000 the Town Court increased the amount awarded to the applicant in the judgment of 6 April 1998 for the purchase of housing to 377,020 Russian roubles (“RUR”). In the operative provisions of the judgment the court ordered:
“that the sum of 377,020 roubles be recovered from the Slavyansk-na-Kubani Town Council in the Krasnodar Region in favour of |
Rangel Petkov Rangelov | 12. Ms Anelia Kunchova Nachova, who was born in 1995, is Mr Angelov's daughter. Ms Aksiniya Hristova, who was born in 1978, is Ms Nachova's mother. Both live in Dobrolevo, Bulgaria. Ms Todorka Petrova Rangelova and Mr |
Valeriu Matei | 9. On 20 February 2003, by a final judgment, the Court of Appeal found that the statements complained of by Valeriu Matei were not defamatory of him, inter alia, because Flux had simply reproduced N.A.'s statements. However, it found that the following part of the article's title was defamatory of |
Baki Demırhan | 497. The sound quality of the recordings was poor and in black and white. The location and exact dates were not given. People were filmed in close-up, seated in front of a back-drop of the Turkish flag and an unseen, unidentified man asked questions. There were strong spotlights directed at the interviewee. The people recorded were apparently Şinasi Tur, |
Metin Göktepe’s | 13. The applicants emphasised that the sentence “And above all, assuming that the protective ring around the former Director of İstanbul Security Directorate, O.T., who issued the collective detention order which ended with the death of Metin, and around Vice-Director K.B., who executed this order, would remain in place forever, would represent nothing but a lack of faith in all these struggles” had been a reference to the fact that no permission had been given under Law no. 4483 to authorise the prosecution of the two officials in question for their alleged criminal conduct in connection with the events surrounding |
Murad Gelayev | 73. On 5 September 2008 the investigators questioned Mr A.S., who stated that in March 2000 he had been abducted and taken to the Oktyabrskiy VOVD where he had been detained for 81 days and subjected to regular beatings. During his detention in the VOVD he had not seen |
Yuriy Portnik | 6. The applicant is a privately owned commercial company, Regent Engineering International Limited, registered in Victoria (the Seychelles). The company’s actual address is in London (United Kingdom). It was represented before the Court by its director, Mr |
Nitsievskaya | 8. On 10 May 2007 the Chief Department of the Pension Fund no. 19 of Moscow and Moscow Region (“Pension Fund”) lodged with the Moscow Regional Court (“Regional Court”) an application for supervisory review of the judgment of 31 May 2006. This application was never examined. However, on 29 August 2007 the President of the Regional Court wrote a letter to the first-instance court which stated as follows:
“The Moscow Regional Court sends the case Baturlova V.A. v. GU GUPF RF no. 19 of Moscow and Moscow Region ... and a statement of complaint by the GU UPF RF no. 19 of Moscow and Moscow Region against the judgment of the Elektrostal Town Court of 31 May 2006 for the re-examination in accordance with Chapter 42 of the Code of Civil Procedure of the Russian Federation.
[The Town] Court examined the scope of the pension rights of the plaintiff...
[The principles] of the examination of the scope of the pension rights ... have been set out in the Ruling of the Plenum of the Supreme Court of the Russian Federation no. 25 of 20 December 2005 ... and the Judgment of the Supreme Court of the Russian Federation of 2 March 2007 in the case of |
M. Ziembiński | 20. The District Court held, inter alia, as follows:
“There is no doubt that by imparting information clearly presupposing that M.D. [the district mayor] had allegedly covered up the corruption affair [the applicant] not only did not demonstrate the requisite diligence but in general did not take the trouble to confirm and verify in any way the information he had received. Without having regard to the gravity of the allegations made against M.D., the applicant hastily used the words of his informant for the purposes of settling his scores with M.D. ... The articles discrediting M.D. did not serve anything but the personal satisfaction of [the applicant], and the concern for the respect of law in the local hospital appeared to be of marginal importance.
Having read the series of the above-mentioned articles it is difficult to escape the conclusion that the attention of the applicant was focused on damaging the reputation of the district mayor, while the hospital director D.K. was put on the sidelines. ... Besides, these actions constitute not the only but certainly the most far-reaching element of the personal war with M.D. waged in the weekly Komu i czemu.
Defamation committed with the knowledge that information and opinions concerning the behaviour or characteristics of another person are false never serve to defend a justifiable public interest.
Such actions do not benefit from the protection granted to freedom of expression and the right to criticise under Article 31 § 3 of the Constitution or Article 10 § 2 of the Convention.
The real effect of the applicant’s publication cannot be assessed in isolation from the public office held by M.D. It is obvious that the office of the district mayor must be based on public trust and respect. Imparting by means of mass communication information about the alleged participation of the district mayor in the cover-up of a corruption scandal does not enhance his popularity. It risks not only the loss of the office, but also lowers his public standing creating an atmosphere of scandal and suspicion. ... By attributing to M.D. behaviour constituting an offence and doing so by means of mass communication, |
Akhmed Buzurtanov | 17. Also on the same date, 7 December 2012, the investigators examined Mr Akhmed Buzurtanov’s car, which had been found with smashed windows eighty metres from the Vladikavkaz-Mozdok motorway. They found traces of blood in the car. The investigators collected a number of pieces of evidence, such as a finger print from pack of cigarettes, thirteen swabs of various parts of the vehicle (including the steering wheel and breaks), a number of items of clothing, two bags, a mobile telephone, eight memory cards, pieces of broken glass and a police service identity card certifying that Mr |
I. Dvořáčková | 30. The Constitutional Court noted that the proceedings in issue concerned a claim for compensation for serious damage to the health of Ms Ivana Dvořáčková. That claim was based on allegedly incorrect medical diagnoses as a result of which |
Christine Goodwin | 13. On 12 December 2003 the Constitutional Court (Verfassungsgerichtshof) dismissed the applicants’ complaint. The relevant parts of its judgment read as follows:
“The administrative proceedings that resulted in the impugned decision were exclusively concerned with the issue of the legitimacy of the marriage. Accordingly, the complainants’ sole applicable grievance is that Article 44 of the Civil Code only recognises and provides for marriage between ‘persons of opposite sex’. The allegation of a breach of the right of property is simply a further means of seeking to show that this state of affairs is unjustified.
With regard to marriage, Article 12 of the [Convention], which ranks as constitutional law, provides:
‘Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.’
Neither the principle of equality set forth in the Austrian Federal Constitution nor the European Convention on Human Rights (as evidenced by [the terms] ‘men and women’ in Article 12) require that the concept of marriage, as being geared to the fundamental possibility of parenthood, should be extended to relationships of a different kind. The essence of marriage is, moreover, not affected in any way by the fact that divorce (or separation) is possible and that it is a matter for the spouses whether in fact they are able or wish to have children. The European Court of Human Rights found in its Cossey [v. the United Kingdom] judgment of 27 September 1990 (no. 10843/84, [Series A no. 184], concerning the particular position of transsexual persons) that the restriction of marriage to this ‘traditional’ concept was objectively justified, observing:
‘... that attachment to the traditional concept of marriage provides sufficient reason for the continued adoption of biological criteria for determining a person’s sex for the purposes of marriage ...’
[The subsequent change in the case-law concerning the particular issue of transsexuals ( |
Mayrudin Khantiyev's | 8. In December 2000 the city of Grozny was under curfew. The applicants and Mayrudin Khantiyev lived in the same five-storey block of flats at no. 269 Ugolnaya Street in Grozny (“house no. 269”). The flat of |
the Governor of | 11. On 30 May 1988 the applicants requested the Governor of Koszalin to offer them an alternative plot of land on which they could construct a house. On 15 June 1988 the Koszalin Regional Inspector of Historic Monuments requested the Mayor of Darłowo to grant the applicants’ request. On 5 July 1988 the Mayor of Darłowo informed the applicants that the exchange of plots requested by them would be possible only in the event of the Mayor receiving a subsidy from |
Magomed-Salekh | 14. After the APCs had driven away, relatives carried the applicant from the yard into the house. On the way there she regained consciousness and saw two servicemen taking away her chainsaw, a bucket of garlic and |
Boris Yeltsin | 19. In 1991-92 a number of 14th Army military units joined the Transdniestrian separatists. In the Ilaşcu judgment the Court found it established beyond reasonable doubt that Transdniestrian separatists were able, with the assistance of 14th Army personnel, to arm themselves with weapons taken from the stores of the 14th Army stationed in Transdniestria. In addition, large numbers of Russian nationals from outside the region, particularly Cossacks, went to Transdniestria to fight with the separatists against the Moldovan forces. Given the support provided to the separatists by the troops of the 14th Army and the massive transfer to them of arms and ammunition from the 14th Army’s stores, the Moldovan army was in a position of inferiority that prevented it from regaining control of Transdniestria. On 1 April 1992 the President of the Russian Federation, Mr |
Bashir Velkhiyev | 51. On 25 August 2004 investigator A. of the Nazran Prosecutor’s Office questioned Ms A.Ts., Mr Bashir Velkhiyev’s neighbour. Ms A.Ts. stated that at approximately 8.30 a.m. on 20 July 2004 she had seen the first applicant and Mr |
Margaret Connors | 14. The Government stated that the applicant’s children (including his adult sons James Junior and Joseph) and Michael Maloney misbehaved and caused considerable nuisance at the site. The Council’s Travellers Services Manager, based at the site, was aware of many incidents of nuisance caused by the applicant’s children and visitors. The Manager visited the applicant and |
Mehmet Şanlı | 22. On 25 April 1996 the Diyarbakır Public Prosecutor took statements from the applicant, who reiterated his allegations and asked the judicial authorities to prosecute the security forces who perpetrated the impugned acts. He further informed the prosecutor that |
Selvi Dönmez | 5. In connection with an investigation into the activities of an illegal organisation, namely the TKP/ML[1], police officers from the Anti-terror branch of the Istanbul Security Directorate searched several houses and arrested several suspects, including |
Ruslan Kasumov’s | 26. On 14 February 2004 the UGA prosecutor’s office forwarded the first applicant’s complaint to the unit prosecutor’s office and indicated that a new inquiry should be carried out in order to verify the facts complained of, to check any implication of the federal servicemen in |
Gillzenegger | 16. Furthermore, the judgment contained the following reasons:
“[X] claims that his act of uploading the altered picture onto the picture-sharing application in question did not constitute the publication of the picture within the meaning of Article 236(2) of the Penal Code No 19/1940, as he had believed that only a limited number of people would have access to it. This cannot be accepted, as the act of making something accessible in electronic format to such a large number of people as stated above, irrespective of whether the persons in question are the friends and acquaintances of the person doing so, [...], is considered to be a publication according to the traditional definition of the term. It remains to be determined whether [X’s] publication of the picture had, given the circumstances, constituted a defamatory allegation against the [applicant] under Article 235 of the Penal Code.
The appealed judgment describes in detail that, before the complaints of sexual offences against him as described above had been reported, [the applicant] had been a well-known person, not least for his performance in public under the names of Gillz or |
Ruslan Yandiyev | 48. On 14 October 2005 a convoy of four white Gazel minivans, a UAZ minivan (“таблетка”) and some other vehicles, arrived at the construction site. A large group of representatives of law-enforcement agencies searched the site looking for hidden explosives and ammunition. Mr P.E. and Mr P.A., who had been present at the site on 29 September 2005, recognised some of the officers as the latter had participated in the abduction of Mr |
Nazime Ceren Salmanoğlu | 47. On 22 April 2003 the Forensic Medicine Institute submitted two reports drawn up by its 6th and 4th Sections of Expertise (İhtisas Kurulu)[1] on 9 December 2002 and 5 March 2003 respectively, concerning |
R. Mamatkulov | 32. On 15 October 2001 the Uzbek Ministry of Foreign Affairs sent the following information to the Turkish embassy in Tashkent:
“On 28 June 1999 the Supreme Court of the Republic of Uzbekistan found |
M.I. Melnychenko | 20. This resolution was based on the verbatim record of a discussion on the applicant’s request for registration and was adopted following a proposal by Ms I. Stavniychuk, a member of the Central Electoral Commission, who claimed that registration should be refused for the following reasons:
“... It ensues from what has been specified above that the provision of subsection (2) of section 8 of the Law on the election of the people’s members of the Verkhovna Rada of Ukraine, which concerns residence in accordance with the international treaties in force in Ukraine, does not extend to |
Samo Kobenter | 13. On 2 September 1998 “Der Standard” published two articles written by the first applicant, whereby the first one referred to the commentary (Kommentar) at issue on page 32, which read as follows:
“The punishment chamber (Strenge Kammer)
|
Intigam Aliyev | 37. On 25 October 2014 the investigating authorities returned a number of the case files concerning the applications lodged with the Court, including the file relating to the present case, to Mr Aliyev’s lawyer. The investigator’s relevant decision specified that “since it has been established that among documents seized on 8 and 9 August 2014 there were files concerning applications by a number of individuals and organisations lodged with the European Court of Human Rights, which have no relation to the substance of the criminal proceedings [against Mr |
Eynulla Fatullayev | 36. On 31 May 2007 the Prosecutor General made a statement to the press, noting that the article published in Realny Azerbaijan contained information which constituted a threat of terrorism and that a criminal investigation had been instituted in this connection by the MNS. This statement was reported on Media Forum, an Internet news portal, as follows:
“Today, the Prosecutor General ... provided an explanation concerning the criminal case instituted by the Ministry of National Security in respect of |
Movsar Khamzatov | 38. On 19 February and 7 May 2004 the first applicant complained to the military prosecutor’s office and the Prosecutor General of the Russian Federation about the lack of progress in the investigation into the killing of |
Professor Crane | 56. The applicant subsequently instructed a forensic pathologist, Dr Carey, to address the disputed issue of causation. Dr Carey requested access to primary data concerning the autopsy (post-mortem photographs, histology slides and the pathologist contemporary notes) and in April 2011 the applicant requested the Coroner to provide the material. The Coroner wrote to Professor Crane on 28 April 2011 asking that he make the material available to Dr Carey. In July 2011 |
Ruslanbek Vakhayev | 105. On 13 August 2004 the Town Court partially allowed the applicant’s complaint and ordered the district prosecutor’s office to conduct a thorough and effective investigation of the abduction. The text of the decision included the following:
“... it follows from the investigation file, that the investigation has not been conducted in full. For instance, the investigators did not identify and question the officers ... who had manned the checkpoint on the southwest outskirts of Urus‑Martan and participated in the arrest of |
Luiza Mutayeva | 44. On 1 May 2004 the military prosecutor of military unit no. 20102 was instructed to verify the following information: whether federal troops had carried out a special operation in Assinovskaya on 19 January 2004; whether they had arrested |
Vakha Saydaliyev | 6. The first applicant is the mother of the third applicant, Ms Luisa Saydaliyeva and of Mr Vakha Khasanovich Saydaliyev, born in 1976. At the material time Vakha Saydaliyev lived with the second applicant and had three children with her. |
Nicuşor Vlase’s | 19. The main criminal investigation into the use of violence, especially against civilian demonstrators, both prior to and following the overthrow of Nicolae Ceauşescu, is still pending and is the subject matter of file no. 97/P/1990. Establishment of the circumstances of |
Anastasios Isaak | 50. Photograph 26 shows the above-mentioned police officer beating Anastasios Isaak with his baton and the officer in camouflage uniform holding his baton over Anastasios Isaak. In photograph 27 the officer in camouflage uniform, the above-mentioned police-officer and a second police officer are beating |
Abdülhakim Güven | 545. Records of the hearing of the State Security Court dated 17 September and 7 November 1996, 21 January, 8 April, 16 June, 16 September, 4 November and 23 December 1997, and 3 March, 21 April and 9 June 1998, were submitted to the Commission. They showed constant adjournments and certain procedural decisions, with the case eventually being stalled due to the non-appearance of certain key witnesses, especially |
Ruslan Taymuskhanov | 33. Between 24 and 31 March 2003 requests were sent to the heads of law-enforcement units to establish whether any special operations had been carried out in Starye Atagi on 30 December 2002 and whether |
Shani Gashi | 9. On 29 March 2000 the Istra County State Attorney's Office brought a civil action against the applicant and the Pula Municipality in the Pula Municipal Court, seeking annulment of the sale contract in question. They argued that the applicant could not have obtained a protected tenancy of the flat because the glass factory where he had worked had had no right to dispose of the said flat and that such a right had been vested in the Pula Municipality alone. The Municipal Court accepted these arguments and in its judgment of 22 February 2001 annulled the sale contract. The judgment was upheld by the Pula County Court (Županijski sud u Puli) on 15 December 2003. The relevant parts of its judgment read as follows:
“The Boris Kidrič Glass Factory's decision of 20 July 1988, granting the first plaintiff |
Ruslan Gelayev | 23. The Government in their memorial of 16 September 2004 referred to documents received from different authorities, and gave several inconsistent versions of what had happened to Ayubkhan Magomadov on 2 and 3 October 2000. They submitted that the investigation had failed to identify the persons responsible for his kidnapping or to establish his whereabouts. Mr Magomadov had been declared a missing person and put on the federal missing persons list. They also stated that there existed information that in November and December 2000 he had been spotted in internally displaced persons' (IDP) camps in Ingushetia, recruiting fighters for the field commander |
Vasiliauskas | 51. As to the international legal and historical context in 1940-56 and the national resistance to the Soviet repression the Supreme Court expounded:
“20. In the context of the proceedings at issue, it is highly important to consider the international legal and historical circumstances of the period between 1940 and 1956, as well as the scope (massive scale) of the national resistance to the occupying power and the scale of repression of the Soviet occupying power against the Lithuanian population. 21. As is generally known, on 15 June 1940 an act of aggression was carried out by the USSR against the Republic of Lithuania, namely the invasion of the Soviet armed forces into the territory of the Republic of Lithuania and the occupation of the territory of the Republic of Lithuania. Continuing its aggression, the USSR carried out the annexation of the territory of the Republic of Lithuania on 3 August 1940. In June 1941 the Republic of Lithuania was occupied by the German Reich: the latter occupation began on 22 June 1941 when Germany attacked the Soviet Union and ended in 1944–45 after the USSR had reoccupied the territory of the Republic of Lithuania. The second Soviet occupation continued until 11 March 1990, when the independence of the Republic of Lithuania was restored. 22. After the Soviet Union occupied Lithuania, its residents suffered mass acts of repression that violated fundamental human rights to life, health, freedom and dignity...
[The Supreme Court then cited passages from the ruling of 18 March 2014 of the Constitutional Court about the scale of repressions, see |
Akhmed Rezvanov | 31. On an unspecified date Mr G., the applicants' neighbour, was questioned as a witness and stated that at 7.20 a.m. on 10 December 2002, while at home, he had heard voices coming from the outside. He had looked out of the window and seen armed men in masks and camouflage uniforms. Mr G. had tried to step outside but the armed men had told him not to do so. Later Mr G. had found out that those men had taken |
Viskha Badayev | 10. At that moment Emir Gandaloyev heard one of the armed men telling the others: “This is the driver”. The men threw the papers on the ground and left in silence. Emir Gandaloyev rose and saw his father and |
Magomed-Ali Ilyasov | 69. On 1 February 2003 the investigator interviewed as a witness L.Sh., the applicant’s daughter-in-law. She stated that at about 4 a.m. on 12 November 2002, while she was in the kitchen with the applicant, a group of armed masked men in camouflage uniforms burst into the house, pointing their guns at them. When the armed men went out into the yard, L.Sh. and the applicant followed them and saw |
Sebahattim Acar | 487. This report stated that Mr Elçi's office was searched on 23 November 1993 at 10.30 a.m. with his consent, a large number of documents being seized for further examination. Mr Elçi indicated that no loss or damage had occurred as a result of the search.
e) Search with consent and confiscation report concerning the house of |
Arbi Barayev | 79. The investigators questioned a number of Alkhan-Kala residents, including a policeman and the head of the local administration. In similarly worded statements they stated that in early February 2000 a large group of fighters headed by the field commander |
Valdas Adamkus | 11. On 11 April 2003 the applicant issued Decree no. 40, countersigned by the Minister of the Interior, granting Lithuanian citizenship “by way of exception” (išimties tvarka) to a Russian businessman, J.B., who had been awarded the Medal of Darius and Girėnas in 2001 by the applicant's predecessor, |
Hamdusena Güleç | 45. The witness, a village guard, recalled that a call for help came from friends out cutting poplars. They went to the place of the incident and found two injured persons. They left men to tend the injured and went after the terrorists, who were randomly firing as they tried to escape. Entering Ormandışı the terrorists kept firing heavily. As the terrorists ran from Ormandışı, the guards entered. They heard that two villagers had died due to the terrorists’ firing. The operation teams arrived as it was getting dark. The commander waited until morning to send out a search party. The terrorists who had fled towards Altinkum village could not be found. The village guards were told to return to their village.
Statement by |
Proinsias de Rossa | 12. The relevant portion of the article stated that:
“Irish society is divided. As the political parties manoeuvre to try to form a Government a clear picture has emerged, revealing the nature of our differences.
On one side of the argument are those who would find the idea of Democratic Left in cabinet acceptable. These people are prepared to ignore Democratic Left leader |
Zeynep Poyraz | 66. At its ninth hearing on 12 June 1998, the court took evidence from two eye-witnesses. Their accounts may be summarised as follows:
Muharem Buldukoğlu
“I was in the Gazi district when the incidents took place. I first saw the panzers and the officers who had been positioned behind the panzers. There was a group of people waiting in front of the panzers. Suddenly the panzers started driving towards the gathering. People started running away. I saw |
Ramzan Kardyrov | 8. The applicants requested asylum in Sweden on 28 December 2007. They stated that they had lost all their identity papers in the 1994 war. They had left Russia by lorry on 14 December 2007 because they were under threat from “Kadyrov’s group” [ |
Pelagheia Popov | 21. According to the Official Gazette of 15 March 1940 issued by the Municipal Council of Chişinău, Romania, in order to eliminate the confusion in the numbering of houses which created economic and administrative difficulties, a new numbering was adopted for certain streets, including the Stefan cel Mare street. The owners of the houses on the concerned streets were obliged to buy from the Municipal Council new number plates and to install them on their houses. The new numbering should have taken effect as of 1 April 1940. Until that date the owners had to have both the old and the new numbers on their houses, in order to facilitate the orientation of the population and authorities. According to a list containing the names of the house owners and their corresponding house numbers, Mrs |
Nebojša Nejković | 47. On 23 October 2014 the Constitutional Court rejected the applicant’s constitutional appeal for the same reason as in the case of the first applicant.
(h) As regards application no. 30893/15 (Mr |
Vladimir Voronin | 15. In its appeal the applicant newspaper stated, inter alia, that the court had deliberately taken the fragment of the relevant paragraph out of context, which read as follows:
“Bad and surely ill-informed mouths in Chişinău, say that at the moment when the communists came to power, |
Isa Yansuyev | 170. At about 4 or 5 a.m. on 13 February 2003 a group of armed men in camouflage uniforms and balaclavas arrived at the Yansuyevs’ block of flats in two APCs, apprehended Mr Zelimkhan Dutayev, Mr Ilyas Yansuyev and Mr |
Z. Mezhidova | 68. On 9 December 2003, in the absence of the first applicant or his representatives and in the presence of the defendants’ representatives, the Grozny Garrison Military Court examined the first applicant’s complaint of 13 October 2003 and dismissed it as unfounded. The court held, in particular:
“It has been established that the objective reason for the prolonged processing of the case was that the case file had been transmitted to various levels of the competent authorities by confidential mail.
The question of the necessity of questioning any witnesses falls within the competence of the investigator in charge or the supervising prosecutor.
The case material also reveals that the report on the forensic examination of the bodies of |
Ruslanbek Vakhayev | 100. On various dates between the end of 2002 and 2007 the investigators forwarded numerous requests for information to various departments of the interior, the FSB, the prosecutors’ offices, the military commanders’ offices, detention centres and hospitals in other regions in Chechnya and the Russian Federation asking whether they had arrested or detained |
Neuberger J | 16. Judgment was given in favour of the Grahams on 4 February 2000 ([2000] Ch 676). Mr Justice Neuberger held that since the Grahams had enjoyed factual possession of the land from January 1984, and adverse possession took effect from September 1984, the applicant companies’ title was extinguished pursuant to the 1980 Act, and the Grahams were entitled to be registered as proprietors of the land. At the conclusion of his thirty-page judgment, |
Bersunkayev | 17. According to the applicant’s brother-in-law and his wife, the men who raided their house were members of the federal forces, since they spoke Russian without an accent and had military vehicles at their disposal. The applicant also submitted an eye-witness statement by a neighbour of her brother-in-law, who had confirmed that he had seen Russian servicemen in a “Ural” military vehicle not far from the house of the |
Prudnikov Ye. | 30. Again on the same date, private Shkola V., carrying out his mandatory military service since 29 June 2003 and in military unit no. 52157 since 20 November 2003, submitted that he had known M.P. as reserved, uncommunicative and quiet. Mr Shkola further characterised Brovkin R., Kosarev A. and |
Abdulcelil İmret | 15. On 26 September 2006 the Diyarbakır Assize Court held the fourth and the last hearing in the case and convicted the applicant and his co‑accused of membership of an illegal organisation under Article 314 § 2 of the Criminal Code on the basis of Articles 220 § 7 and 314 § 3 of the same Code, finding it established that the applicant had knowingly and willingly aided the PKK. The applicant was sentenced to six years and three months’ imprisonment. The judgment of the Assize Court, insofar as relevant, reads as follows:
“In the indictment dated 26 April 2006 it was alleged that |
N.O. Orujov | 21. In its judgment of 29 October 2005, consisting of one and a half typed pages, the Court of Appeal summarised the above-mentioned witness statements as follows:
“... witnesses F. Zamanov and R. Samadov confirmed that [the renovation works] at [the location in question] had been carried out under the instructions and with the assistance of the candidate for the elections to the Milli Majlis, |
Grishchenko | 21. On 13 June 2002 the Krasnodon Prosecutors’ Office rejected her demand, having found that while the fact of excessive pollution was not in dispute, there was no basis for linking this situation to any criminal wrong‑doing on any authority’s behalf. There was no appearance that the decision to use K. Street as a transit road had been in and of itself unlawful. As regards repairing the road, the Prosecutors’ Office had ordered the Krasnodon City Council’s Executive Committee (hereafter “the Executive Committee”) to redress violations of environmental law. It further notified Mrs |
Magomed Magomadov | 10. The men remained there until the evening of 12 December 2000. They were taken out one by one and questioned, while blindfolded, as to whether they knew any fighters (boyeviki) or had laid mines on the roads. During the questioning they were hit with rifle butts. In the evening of 12 December 2000 Ruslan was set free. Before they were released the blindfolded detainees were lined up and threatened. At that time Ruslan heard the voice of |
Hayriye Karaman | 19. As the two women were crossing the length of the plain to return home, they came across Derviş Karakoç, who was on his horse with his two children. His mother, Rabia Karakoç, his wife Güllü, his sister |
Patrick O’Neill | 21. On 23 April 2001 the County Court upheld the applicants’ civil claims against the Home Office, holding that the searches constituted a trespass to the person which could not be justified by Rule 86 § 1 of the Prison Rules (see Relevant domestic law and practice below) for two reasons. Firstly, the trial judge held that the strip-searches were an invasion of their privacy exceeding what was necessary and proportionate to deal with the drug smuggling problem. Although he accepted that there were serious drug problems at the prison at the time of their visit and that there were reasonable grounds for believing that |
the Mayor of | 15. The applicant appealed on points of law (recurs) against the judgment. He argued, inter alia, that the evidence that had been requested by him before the first-instance court would have clarified the circumstances of the case and the identity of the owner of the fence; however, the court had wrongfully dismissed that request. Moreover, during a meeting with the administrative authorities, the applicant’s representative had informed them that in his opinion it had not been C.M. but the neighbour whose property had been located opposite his who had blocked the street by building the fence. The applicant had himself been unable to establish the identity of the owner of the fence, because that owner’s property had been empty and no visible postal number had been attached to the entrance gate. The fence had diminished the width of V. Street, preventing vehicular access to the applicant’s property. Consequently, he had been unable to use that property for its practical purpose – namely, to build a home. The authorities had not asked him to provide the name of the owner of the fence; indeed, it was the duty of the public servants – not the applicant – to inform |
Nermin Karabulut | 7. The same day a scene of incident report was drawn up by the gendarmerie officers. According to that report, a person who wanted to remain anonymous telephoned the gendarmerie and stated that he had seen a female behaving suspiciously. A number of gendarme officers and soldiers arrived at the scene at around 2 p.m. and saw the female in question. When the female saw the soldiers she began to run away. The soldiers unsuccessfully called out to her to stop and then fired fifteen to twenty warning shots in the air. The female responded by throwing a hand grenade at the soldiers and the soldiers continued firing warning shots. When she attempted to throw another grenade, the soldiers shot her. When they searched her the soldiers found a stick, two knives, a screwdriver, a two-metre-long electricity cable, a syringe with a yellow liquid inside and a hand grenade. None of the soldiers were injured in the incident. |
Haydar Müldür | 45. Dedeali Karakaya owned half of land measuring 24,702 square metres according to the land registry records. Furthermore the records of the District Directorate of Agriculture in Ovacık indicated that he owned land measuring 7,760 square metres, which could bring the applicant TRL 122,720,000’s annual income. According to his declaration in 1986 he claimed to have owned land and a house measuring 23,010 and 132 square metres respectively. In his declaration of 1994 he stated that he owned a house measuring 120 metres square. He was not involved in any commercial activity because he did not pay any taxes to the Government.
(b) |
G. A. Polyakova | 82. By a decision of 14 July 2005 the Constitutional Court decided that it was competent to examine the question of the compatibility of Article 113 of the Tax Code with the Constitution, having cited the application of an individual, one |
the Minister of the Interior | 41. On 7 December 1998 the prison governor wrote a letter to the Court, stating, inter alia:
“On 2 December 1998 the prison administration received a letter by [the applicant] addressed to [the Court]. Having acquainted myself with the contents of the letter ... I would like to set out certain considerations as to the facts alleged [therein] ...
It is true that pursuant to the order of 14 August 1998 of |
Adnan Akhmadov | 9. The applicants’ younger daughter cried. The servicemen put machine guns to the second applicant’s chest, told him to calm the children down and ordered him to awaken his elder son. When he did so, they took |
John Hemsworth | 24. The inquest began on 21 September 2009. It did not sit each day and certain witnesses were unavailable through ill-health. On 8 October 2009 the Coroner discharged the jury due to evidence which had emerged. The Coroner had decided to take a statement from a possible eye-witness to the assault. On receipt of the statement, it emerged that Officer M, of the Police Service Northern Ireland (the “PSNI” replaced the RUC in 2001), had taken the statement on the Coroner’s behalf. However, Officer M had been a member of the RUC at the time of the alleged assault. He was also the Deputy Investigation Officer and, in addition, he was due to be called as a witness. The first applicant therefore requested and, in October 2009, the Coroner obtained and disclosed Officer M’s journal entries on the police investigation. It emerged therefrom that Officer M had interviewed a soldier (Private G) in 2000. Private G had told Officer M that, on the day when |
Milana Betilgiriyeva | 9. The account below is based on the information contained in the application form and written statements by Ms P.S., Ms M.I. and Ms G.S. dated 10 December 2006.
(a) Disappearance of Aset Yakhyayeva and |
Cavit Nacitarhan | 46. He said that he did not know Kenan Bilgin personally. Kenan Bilgin’s lawyer, Ms Hatipoğlu, had asked him while visiting the prison whether he had met Kenan Bilgin at the police station and he had informed her of their conversation.
(c) |
Beytullah Metin | 110. The witness was one of the two Public Prosecutors who were deputies to the Chief Public Prosecutor in Bitlis. He was on duty when the Chief Public Prosecutor was on leave. He issued a decision of non-jurisdiction on 12 August 1993 after the body had been found and sent the preliminary investigation file he had prepared to the Sivrice Chief Public Prosecutor’s office. He said the case had struck him as a unique and unusual one at the time. However, he could not remember whether he had done anything about the case, but said: “I must have started the investigation”.
(e) |
Erdinç Arslan | 17. On 7 October 1999 Mustafa Köprü, who survived the shooting, made a statement before the Adana prosecutor regarding the incident. He maintained, inter alia, that he and Erdinç Arslan had rented the flat ten days before the incident and had been manufacturing explosives there. On the day of the incident, when he had heard footsteps on the roof, he had approached the entrance to the flat and opened fire on the police officers who were outside the flat. The police officers had then returned fire and shot |
Güngör S.E. | 11. On 24 February 1994, at about 6.30 p.m., Yusuf Ekinci left his office in the central part of Ankara to drive in his private car to his home located in a different part of the town. Before he left his office, he spoke to several persons including the applicant who had telephoned him at about 5 p.m.. He gave his office assistant |
Zelimkhan Isayev’s | 47. On 20 July 2004 the first applicant requested the Prosecutor General’s Office of the Russian Federation and the prosecutor’s office of the Chechen Republic (“the republican prosecutor’s office”) to institute criminal proceedings against the servicemen of the Urus-Martan FSB in relation to the torture which had caused |