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Anzor Sambiyev | 7. On 10 April 2004 at approximately 9 p.m. the second applicant and Mr Anzor Sambiyev were at home. Suddenly armed servicemen of federal troops wearing camouflage uniform rushed into the yard of the house. There were about fifty servicemen who had arrived in armoured personnel carriers (APCs) and a “Ural” vehicle. Some of them surrounded the house. The second applicant told Mr |
Apti Dalakov | 33. On 28 February 2008 the military investigations department replied to the investigators that on 30 January 2008 they had refused to initiate criminal investigation into the killing owing to the lack of corpus delicti in the actions of the FSB officer A.K. who had opened fire on Mr |
David Assanidze | 42. It appears from the judgment that Mr Tamaz Jincharadze, the third witness, was unable to appear in court owing to illness and was heard by the judges in the office of the governor of the short-term remand prison of the Ajarian Ministry of Security. He stated that he did not know the applicant and had only seen him on television. It was through Mr |
Van Duijvenvoorde | 88. On Sunday 19 July 1998, between 8.30 p.m. and 10 p.m., he had been at the Kwakoe festival in the company of his sister and Mr Hoeseni. He had left them to fetch something to drink for the three of them. He had heard shouting, and he had seen Mr Hoeseni run towards some police officers present. He had run after Mr Hoeseni and asked him what the matter was. Mr Hoeseni had answered that he would tell him later. He had found his sister in tears and asked her what had happened. She had told him how Mr Hoeseni had been forced at gunpoint to hand over his scooter. 3. The investigation by Detective Chief Superintendent |
Dobrovolskiy | 184. In the bill of indictment, the prosecution indicated that they were relying on about 240 witnesses. Out of those, 83 were examined in court. Of these, the interview records of 32 witnesses were subsequently read out at the prosecution’s request, in addition to their oral submissions. Thus, the prosecution insisted on reading out the testimonies of Mr Shchavelev, Mr Pozdnyakov, Ms Rashina, Mr Gidaspov, Mr Vostrukhov, Mr |
Stelios Kalli Panayi | 17. In spite of this Stelios Kalli Panayi entered into “TRNC” territory by crossing the wooden bridge which only UNFICYP soldiers were allowed to use. Two warning shots were fired by a Turkish-Cypriot soldier (one into the air and one towards the ground); as |
Cavit Özalp | 25. Basing himself on the statements of the three accused non-commissioned soldiers, the incident and the body examination reports, on 23 January 1996 the rapporteur submitted his report to the District Administrative Council. He concluded that the security forces had taken all the necessary precautions before |
Apostolidis | 21. On 15 September 2005 the Indictment Division of the Salonika Criminal Court committed Police Officer Apostolidis for trial on charges of causing severe bodily injuries to the applicant inside the police station, intentionally lodging a criminal complaint concerning facts known to be false, perjury and slander. In particular, with regard to the charge of grievous bodily harm, the Indictment Division ruled that the applicant had recognised Officer |
Joško Guberina | 12. On 6 May 2009 the Samobor Tax Office (Ministarstvo Financija – Porezna uprava, Područni ured Zagreb, Ispostava Samobor) dismissed the applicant’s request, giving the following reasons:
“Section 11(9) of the Real Property Transfer Tax Act ... provides for tax exemption for citizens who are buying their first real property in order to meet their housing needs, under conditions which must be cumulatively satisfied, including the requirement that the taxpayer in question, or his or her family members, do not have another flat or a house meeting their housing needs. During the proceedings it was established that the taxpayer |
Željko Gradiška | 53. On 23 October 2014 the Constitutional Court rejected the applicants’ constitutional appeal for the same reason as in the case of the first applicant.
(j) As regards application no. 32933/15
(i) Mr |
Sandro Girgvliani | 125. On 22 March 2006 the statements made by G.G., one of Sandro Girgvliani’s friends who had discovered the body, were verified at the scene of the crime. He explained that the police had arrived before them and there were many footprints in the snow at the cemetery. G.G. pointed out the place under a tree where he had seen what looked like the red imprint left by a bloodied face. The friends had gone through the cemetery and started to explore the river gorges. They asked a young village lad who was out bird-hunting (see paragraph 19 above) to help them. The lad spotted what looked like a large blood stain in the snow some way off. They saw that it led to other stains, some of which indicated that |
Chichek Mammadova | 73. T.M. testified that at around 1 p.m. on 26 March 2004 she had heard about the incident in the Commissariat building. She immediately went there together with a camera operator. However, when they arrived, everything was over and they could not get any video footage of the relevant events. Thereafter, she went to the hospital where |
Minister of Finance | 26. In a judgment of 16 September 2002 the Sofia District Court found the applicant guilty of having divulged a vilifying fact about another person in a publication, contrary to Article 147 § 1 and Article 148 §§ 1 (2) and 2 of the Criminal Code of 1968 (see paragraphs 32 and 33 below). The court applied Article 78a of the Code (see paragraph 34 below) and replaced the applicant’s criminal liability with an administrative fine of BGN 500. The court further ordered the applicant to pay Mr M.D. BGN 2,000 plus interest from 4 August 2001 until settlement, as compensation for his injured reputation, and awarded him BGN 550 in costs. The court described the facts set out in paragraphs 12‑19 above, except the part concerning Mr M. D.’s indirect membership of Vitaplant OOD at the time when it had taken out bank loans which it had failed to repay, and held as follows:
“...The actus reus of the offence of defamation is characterised by the divulging of vilifying – and untrue – circumstances relating to a specific individual. The expression used by [the applicant] – ‘credit millionaire’ – is derived from the Information About Non‑Performing Credits Act [of 1997], on the basis of whose section 3 the administration of the [Bulgarian National Bank] has published a list of all debtors, persons who have outstanding credits. Therefore the expression ‘credit millionaire’ has a negative connotation and presupposes intolerance and extremely negative public attitudes. These are people who have prospered financially due to credits from financial institutions which they have failed to repay. In this sense, from a moral point of view these persons do not enjoy a good reputation and are perceived as dishonest. The law bans these persons from holding certain official posts.
The above characterises the expression used by [the applicant] – ‘credit millionaire’ – as vilifying and damaging to the public reputation of the person [in respect of whom it is used] and the esteem of his personality. The vilifying circumstance has been divulged through the press to a large number of readers. The fact that the first version of the article had a smaller circulation than the second, which also contained [Mr M. D.’s] rebuttal, is of no consequence, because the circulation of the printed material has no impact on the criminality of the act.
The act has been committed wilfully, the form of mens rea being recklessness. [The applicant] realised the criminality of her act and its injurious consequences, and accepted that they would occur. [She] pursued another aim, which is not unlawful –informing the newspaper’s readers of the latest news about the candidates for the post of deputy |
Zarema Gaysanova | 87. On 6 November 2009 the applicant provided a statement to local human rights lawyers from the United Mobile Group (Объедененная Мобильная Группа) (hereinafter “the UMG”). She stated that at about 6.30 p.m. on 31 October 2009 she had received a call from her neighbour Mr R.M. who had informed her, amongst other things, that a special operation had taken place in their neighbourhood and her house had been burnt down as a result, that the armed men who had carried out the operation had taken away her daughter and that a man’s body had been found among the ruins by the firemen. At about 9 p.m. that evening the applicant had gone to the Leninskiy ROVD, where investigator Mr Timur G. had taken a statement from her about the abduction. The chief of the Leninskiy ROVD, who had introduced himself as Mr Imran, had then told her that the man’s body found among the ruins had belonged to Ms |
Mazniashvili | 7. Under a contract of 8 April 1994 (“the contract of sale”), the applicant ceded to Mr G., by then the Ajarian Deputy Minister of the Interior, half of his house (“the Mazniashvili estate”) for the price of 150,000,000 coupons (the provisional Georgian currency introduced at the beginning of the 1990s for purposes of monetary reform). According to the case file, the purchasing power of that sum corresponded to some 300 euros (EUR) at the material time. The contract of sale was certified by a notary. As further disclosed by a written statement of a witness to that transaction, after the signing of the contract Mr G. gave the applicant 3,000 United States dollars (EUR 2,199[1]) in cash. Shortly after the sale of the |
Aslan Maskhadov | 33. On 9 and 10 March 2005 investigator K. from the Prosecutor General’s Office (следователь Генеральной прокуратуры РФ) examined the corpse and other items found at the scene and decided that a number of expert examinations should be carried out. On 9 March 2005 the corpse of |
Zaur Ibragimov | 103. The investigation also questioned some officials. Officer D., who at the time had worked at the OMON, testified that on 18 September 2000 an unknown woman at a checkpoint had told him that she had heard machine-gun firing in Vostochnaya Street. A group of police officers went there. Upon arrival, they had learnt about the six men's disappearance. |
Yane Sandanski | 31. At 10.30 a.m. on 23 April 2005 members and supporters of Ilinden assembled near Rozhen Monastery, building a stage with posters about three hundred metres from the grave of Yane Sandanski. The applicants asserted that at approximately 10.30 a.m. several police officers told them to remove the posters because at 11 a.m. a group of pupils would be coming to lay wreaths at the grave and on the posters they would see that |
Abdul-Vakhab Akhmedovich Shamayev | 72. After examining the documents submitted by the Russian authorities, information from the Georgian Ministry of Security and evidence gathered at the time of arrest, the Georgian Procurator-General's Office identified, firstly, Mr |
Stephen Gray | 25. The applicant believed that an inducement was promised to Gray by the prosecuting authorities in exchange for his testifying against him. In addition to the above letter, which the applicant claimed supported his hypothesis, he referred to the fact that his tariff of imprisonment (that is, the period to be served before review by the Parole Board) under the life sentence had been set at twenty-five years, but was subsequently reduced to twenty-one years. Runham, who had provided the murder weapon and drove the get-away car, received a tariff of sixteen years. Gray, who had shot and killed Nugent, had his tariff set at eleven years and was released in 1999. In April 1999 the Home Office wrote to Runham, refusing to reduce his tariff:
“The Secretary of State holds |
Ali Gastamirov | 83. Thereafter, the investigator accompanied the seventh applicant and her relatives to the military unit. He entered the premises and soon reappeared. Mr F.A. said that he had checked the premises but |
Grigolashvili | 46. Ms Margvelashvili testified that on the evening of 7 August 2000 a group of men who introduced themselves as police officers had broken into her house and abducted Mr Dvali and Mr Kakushadze. She was left in her house under the surveillance of two intruders. Some time later, on the following morning, the applicant had telephoned her and threatened her and her son with death if she did not say where his father was. The applicant allowed her to speak on the telephone to Mr Dvali and Mr |
Khasan Batayev | 13. The Government in their observations did not dispute most of the facts as presented by the applicants. They stated that on 18 September 2000 “unidentified persons wearing camouflage uniforms” had entered the house at 44 Vostochnaya Street in Grozny and taken away |
Taşkın Usta | 30. A booklet published by the THKP-C in July 1992 described the events of 16-17 April 1992 and contained transcripts of telephone conversation between G.Ş. and the deceased Sabahat Karataş, who was a board member and the wife of the leader of the illegal organisation. The booklet, which was entitled “Our flag will fly all around the country”, praised socialism and stated that |
Sandro Girgvliani’s | 81. When questioned on 8 March 2006, the barman from the Café Chardin explained that the musicians generally played as long as there were still clients in the establishment. A waitress, R.A., said that the percussionist played the bongo drums on Fridays and at the weekend, from 10 p.m. until 2 a.m. On the evening in question R.A. had recognised G.D.-dze and O.M.‑ov as soon as they had walked into the café. Even if she would not have been able to hear an argument with all the noise, R.A. could safely say that there had been no trouble at |
Charles Edwards | 5. The applicant claimed to be the owner of four tenements in Malta. Before the Court he produced a statement made on 19 July 2006 by a notary public, which reads as follows:
“I the undersigned Dr. Paul Pullicino, Notary Public, do hereby certify that in virtue of a secret will made on the 4th day of October, 1966, by |
Januz Dervishi | 59. On 8 April 2009, after the applicant had been indicted in the Rijeka County Court, a three-judge panel of that court extended the applicant’s detention, again under Article 102 §§ 1(3) and (4) of the Code of Criminal Procedure. The relevant part of the decision reads:
“The first accused, |
Ahmet Kınay | 34. These documents concern the criminal proceedings brought against Ahmet Kınay, the applicant's fellow villager, for allegedly setting the applicant's house on fire. Ahmet Kınay was acquitted of the charges in a judgment of 6 May 1997 by the Muş Assize Court.
(i) Copy of a birth certificate belonging to |
Bhaktivedanta Swami | 25. The applicant applied for refugee status, stating that between 1992 and 2005 he had distributed printed material in Belarus about the Hare Krishna movement and had practised and taught yoga. From 1997 onwards he had started to “have problems” with the Belarusian authorities because of his religion and related activities. He had been arrested on several occasions. In 2004 he had wanted to open an educational institution in Minsk, which would have taught the teachings of |
Commissario della | 15. On 18 December 2006 Mr X. requested an urgent hearing, complaining that for the last two weekends the first applicant had denied him contact rights and had changed the arrangements. Consequently, the |
Khadzhi-Murat Yandiyev | 77. Their family’s neighbours in Grozny stated that they had not seen the Yandiyevs after they left Grozny in 1994. One neighbour, Ibragim D., questioned in October 2004, testified that in spring 2003 he had noticed a man resembling |
Aslan Dokayev | 25. On 16 August 2001 the unit prosecutor’s office sent a request to the temporary department of the interior of the Staropromyslovskiy District (“the VOVD”), which stated that on 18 July 2001 a group of servicemen commanded by an officer of the Federal Security Service (“the FSB”) had shot |
Belkhan Velkhiyev | 68. On 2 April 2005 officer E. of the Criminal Investigation Department of the Nazran Department of the Interior was questioned. He stated that on 20 July 2004 he had been on duty with officer T-v. At approximately 8 p.m. they received a call about a suspicious white car. They left and found a white VAZ 2107 at the described location. They called out but nobody answered. Then they approached the car and saw a man lying on the floor by the back seat. The man had either a mask or a bag on his head. They then opened the door, put him on the seat and removed the bag or the mask. They asked his identity and what he was doing there. He answered that he had been brought there several hours earlier by policemen who had told him not to move. He said that his name was |
Islam Utsayev | 11. The applicants submitted that early in the morning of 2 June 2002 a convoy including at least six armoured personnel carriers (APCs) and at least one other military vehicle - a UAZ all-terrain car - conducted a “sweeping” operation in the village of Novye Atagi. The local residents noted the hull numbers of three APCs: 569, 889 and 1252, and partially of the UAZ vehicle as “344”. The hull numbers of the other vehicles were obscured. The servicemen went to six houses during the operation and detained five men. The applicants submitted numerous affidavits about the events of 2 June 2002, produced by the family members of the detained and the neighbours. They also submitted a hand-drawn map of the village, indicating the location of the roadblocks and of the houses of the five persons detained on 2 June 2002.
(a) Detention of |
ZAO Yukos RM | 275. The applicants claimed that certain pieces of evidence, referred to by the Meshchanskiy District Court in its judgment, had never been produced to the defence for examination in adversarial proceedings. In particular, the judgment referred to:
(a) the second applicant’s income and expenditure book for the year 2000;
(b) the letter from |
Kutlu Adalı | 99. The applicant later found out that Mr Demirci had been injured in an incident when his car had been shot at. When he was taken to hospital by local people, Mr Demirci shouted that an attempt had been made to kill him because he had killed |
Magomed-Salekh | 83. On 21 June 2008 investigators of the district prosecutor’s office interviewed as witnesses R.Sh. and M.Ch., police officers of the ROVD. They stated that at about 4 a.m. on 12 November 2002 unidentified armed masked persons in camouflage uniforms, who spoke unaccented Russian, had arrived at the applicant’s house in two APCs and a grey UAZ vehicle without registration numbers and had abducted |
Georgantzis | 8. On 8 September 1998, at approximately 07.00 p.m., the applicant and two other Syrian nationals accompanied a friend to the Ano Patissia police station in order to report a robbery. Having waited for a long time to be attended to, the applicant started complaining. He alleges that he was then brutally beaten on his head by a police officer, Mr |
Vincent Lambert’s | 17. In an order dated 11 May 2013, the urgent-applications judge granted their requests. The judge held that, since no advance directives had been drawn up by Vincent Lambert, and in the absence of a person of trust within the meaning of the relevant provisions of the Public Health Code, the collective procedure should be continued with his family, despite the fact that the latter was divided as to what should become of the patient. The judge noted that, while |
Igor Levstek | 49. On 16 November 2006 the first-instance court held a hearing, where it decided on the remainder of the restitution claims. It granted to each of the claimants, including the applicant Mr Igor Levstek, compensation for the forfeited immovable property in the value of 269,407.52 German marks at the material time. In addition, it granted to each claimant, including the applicant Mr |
Ernesto Rodriguez | 64. On 2 August 2002 the applicant was asked to leave his cell so that the roof could be repaired. When he stated that he could not walk, prison guards offered to carry him out on a stretcher. The applicant, however, refused, saying that he was suffering from headaches and pain in his back and wanted to see a doctor. He had been seen three days earlier, on 30 July 2002, by the prison doctor, Dr |
Mustafa Döleksoy’s | 25. A specialist department within the Istanbul Branch of the Forensic Medicine Institute conducted a number of further examinations and adopted its report on 20 October 2008 in response to the prosecutor’s request of 25 December 2007 (see paragraph 21 above). It was established in the report that the hair found in |
Tofiq Yaqublu | 91. As to the statements of witnesses Q.M., E.M., R.C., M.K., I.A., N.C. and N.M., who had said that there had been no clashes between protesters and the police in the town at that time and that neither the applicant nor |
Aslambek Isayev | 100. On 15 May 2003 the investigators questioned the third applicant, whose statement concerning the abduction was similar to the account submitted to the Court. In addition, she told the investigators that Mr |
Kolyadova O. | 16. Also on the same date, sergeant Kolyadova O., M.P.’s immediate superior, was questioned. She stated that she was in charge of the guard dogs’ kennels to which M.P. had been assigned in November 2003. He had been responsible for helping |
A. Gandaloyev | 50. The Government submitted that on an unspecified date the deputy head of the Temporary Operational Troops of the Ministry of the Interior in the Northern Caucasus (“the Operational Troops”) (the Government did not provide any information concerning the officer’s identity or service rank) had provided the investigation with an information statement to the effect that the newspaper’s information about the killing of the two rebel fighters |
the Bishop of Kitium | 27. The judgment was given in the presence of the accused and of an interpreter. The trial judge noted the following:
(i) the accused did not accept the charges against them and stated that they did not wish to use the services of a lawyer registered in the “TRNC”;
(ii) the public prosecutor called five witnesses, whose statements were translated into Greek for the accused's benefit;
(iii) the witnesses (mainly police officers on duty at the time of the demonstration) declared that the accused had illegally entered the “TRNC” territory, shouted abuse at the Turkish-Cypriot forces and resisted arrest by pulling and pushing; knives and other cutting objects had been found in the bags of some of the demonstrators who had been arrested;
(iv) the applicant stated that he was a journalist, that he had been arrested while he was following the demonstration even though the peace keeping forces had given him permission to do so;
(v) the accused had been told that they could cross-examine witnesses in turn and, if they so wished, choose one of their number to cross-examine the witnesses on behalf of all the accused; however, they had not done so; one of the accused had put a few questions to one of the prosecution witnesses;
(vi) before the “TRNC” District Court passed sentence, |
V. Kononov's | 46. The applicant appealed on points of law to the Supreme Court Senate, which dismissed his appeal in a judgment of 28 September 2004 in the following terms:
“... In finding that V. Kononov was a combatant and had committed the offence in question on the territory occupied by the USSR, the Criminal Affairs Division based its judgment on the decisions of the higher representative bodies of the Republic of Latvia, on the relevant international conventions and on other evidence, taken as a whole, which had been verified and assessed in accordance with the rules of criminal procedure.
In the declaration by the Supreme Council ... on 4 May 1990 on the restoration of the independence of the Republic of Latvia, it was acknowledged that the ultimatum delivered on 16 June 1940 to the Government of the Republic of Latvia by the former Stalinist USSR should be regarded as an international crime, as Latvia was occupied and its sovereign power abolished as a result. [However] the Republic of Latvia continued to exist as a subject of international law, as was recognised by more than fifty States worldwide...
...
After analysing the merits of the judgment, the Senate ... considers that, to the extent that the Criminal Affairs Division found that V. Kononov came within the scope of Article 68-3 of the Criminal Code, ... his acts were correctly characterised, as, in his capacity as a belligerent and combatant on Latvian territory occupied by the USSR, he has violated the laws and customs of war, in that he planned and directed a military operation aimed at taking reprisals against civilians, namely peaceable inhabitants of the village of Mazie Bati, nine of whom were killed ... [and] whose property was stolen [or] burnt.
As the court of appeal (rightly) noted, neither the fact that Latvian territory was subjected to two successive occupations in the Second World War by two States (one of which was Germany; a 'dual occupation' in the words of the court of appeal), nor the fact that the USSR was a member of an anti-Hitler coalition, changed |
Nikolaos Leonidis’s | 36. In the meantime, on 27 March 2000, two days after the fatal incident, the Thessaloniki police headquarters launched a Sworn Administrative Inquiry (Ενορκη Διοικητική Εξέταση, – SAI) in order to ascertain the exact circumstances in which |
Mehmet Akan | 108. At around 9 a.m. on the morning of 10 November 1992 the witness left her house in Kurşunlu village with a fellow shepherd, Hediye Akelma Akodun, and their animals. They followed Mehmet Akkum and |
Nadhem Abdullah | 30. Special Investigation Branch investigations in Iraq were hampered by a number of difficulties, such as security problems, lack of interpreters, cultural considerations (for example, the Islamic practice requiring a body to be buried within twenty-four hours and left undisturbed for forty days), the lack of pathologists and post-mortem facilities, the lack of records, problems with logistics, the climate and general working conditions. The Aitken Report (see paragraph 69 below) summarised the position as follows:
“It was not only the combat troops who were overstretched in these circumstances. The current military criminal justice system is relevant, independent, and fit for purpose; but even the most effective criminal justice system will struggle to investigate, advise on and prosecute cases where the civil infrastructure is effectively absent. And so, in the immediate aftermath of the ground war, the Service Police faced particular challenges in gathering evidence of a quality that would meet the very high standards required under English law. National records – usually an integral reference point for criminal investigations – were largely absent; a different understanding of the law between Iraqi people and British police added to an atmosphere of hostility and suspicion; and the army was facing an increasingly dangerous operational environment – indeed, on 24 June 2003, six members of the Royal Military Police were killed in Al Amarah. Local customs similarly hampered the execution of British standards of justice: in the case of |
Branislava Stojanović | 62. 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.
(k) As regards application no. 35780/15 (Ms |
Magomed Goygov | 12. There the applicant met a local resident, identified by her as A., who told her that at the crossroads of Neftyanaya Street and the 4th Neftyanoy Lane there was the body of an old lady in a handcart. He told her that on 19 January 2000 the old lady had been wounded by shrapnel and that three men had tried to take her out of Grozny. They had walked up to the 8th Lane, where there was a group of soldiers and three armoured personnel carriers (APCs), one of which had been damaged. The soldiers had stopped them, beaten the men and led them away. They had shot the woman in the cart, and then A. had seen shots being fired, so he presumed that the men had also been shot. From his story the applicant deduced that the woman was her mother and that her brother, |
Vladimir Voronin | 13. On 28 April 2004 the Buiucani District Court partly accepted the plaintiffs' claims. It found that the applicant newspaper had published factual statements. The court cited one fragment of a paragraph from the impugned article, which read:
“...when the communists came to power, |
Necmettin Erbakan | 39. On the basis of the evidence adduced on 7 July 1997 by Principal State Counsel’s Office, the Constitutional Court held that the following further evidence confirmed that Refah was a centre of activities contrary to the principle of secularism:
– In a public speech on 7 May 1996 Mr |
Khavazhi Elikhanov | 173. On 5 November 2001 the applicant’s relatives asked the military commander, Mr G.G., to release Khavazhi Elikhanov. The commander promised that the applicant’s son would be released the following day. However, |
Baustahlgewebe | 41. In the case of Krombach v Bamberski (Case C-7/98, judgment of 28 March 2000, ECR I-1935), the Court of Justice of the European Union (known as the “Court of Justice of the European Communities” prior to the entry into force of the Treaty of Lisbon on 1 December 2009 – hereinafter “the CJEU”), held as follows:
“25. The Court has consistently held that fundamental rights form an integral part of the general principles of law whose observance the Court ensures (see, in particular, Opinion 2/94 [1996] ECR I-1759, paragraph 33). For that purpose, the Court draws inspiration from the constitutional traditions common to the Member States and from the guidelines supplied by international treaties for the protection of human rights on which the Member States have collaborated or of which they are signatories. In that regard, the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter ‘the ECHR’) has particular significance (see, inter alia, Case 222/84 Johnston v Chief Constable of the Royal Ulster Constabulary [1986] ECR 1651, paragraph 18). 26. The Court has thus expressly recognised the general principle of Community law that everyone is entitled to fair legal process, which is inspired by those fundamental rights (Case C-185/95 P |
Mehmet Salim | 53. The applicant also filed a petition about his brother's disappearance with the Investigation Commission for Human Rights of the Turkish Grand National Assembly. On 1 December 1995, in reply to a request for information, the office of the Diyarbakır Governor informed the Investigation Commission for Human Rights that the case had been investigated, that the two gendarmerie officers whose names had been given by the applicant and his sister had not apprehended |
Marvan Idalov's | 24. On 8 December 2003 the SRJI wrote to the district prosecutor's office, the prosecutor's office of the Chechen Republic and the prosecutor's office of unit no. 20116, requesting them to inform it whether an investigation into |
Wacław Płoski | 18. On 6 August 1994 the applicant made an application for leave to attend the funeral of his father. The application was in the following terms:
“I kindly ask you to grant me a compassionate leave because my father |
Abdulkadir Çelikbilek | 31. At 7.45 a.m. on 21 December 1994, a deputy police chief and a police officer drew up an on-site report. According to this report, a number of persons had informed the police at 7.30 a.m. the same morning that they had seen a person lying on the side of the road, near the Mardinkapı cemetery. When the police arrived at the scene, they found the frozen body of a male, lying on its right side between the road and the wall of the cemetery. It was lying at an approximate distance of 150-200 metres from the entrance to the cemetery. Its hands had been tied at the back with the belt of the coat the deceased was wearing. According to the identity card found on the body, the deceased was |
İzzet Cural | 98. On 10 December 1996 the applicant sent a letter to the president of the Diyarbakır Provincial Administrative Council claiming, inter alia, that his brother Mehmet Salim Acar had been taken into detention by Captain |
Osama bin Laden | 9. In another article concerning the same subject matter, this time in issue 13 (402) dated 20 March 2004, authored by Z.O. and entitled “The golden grin awards” (“Вручение премии Оскал”), the newspaper published a photo collage depicting Y.L. as |
Ivan Mihajlov-Radko | 16. On 27 October 2000 the official launch of the Association took place in a hotel in Skopje, the capital of the former Yugoslav Republic of Macedonia. A promotional leaflet by the Association (which accompanied the letters of invitation for the opening ceremony) was published at the beginning of October. It provided information about the Association’s name, objectives and the ways in which these were to be achieved. It read:
“a. Name of the Association
The founders of the Association have taken as its name the most frequently used pseudonym of Ivan Mihajlov, RADKO.
|
Ramzan Babushev | 62. According to the Government, on unspecified dates the investigators requested information, inter alia, about special operations conducted in the area between 1 and 5 February 2003 and officers who had served in the Vedeno district at the material time, from various State authorities, including a number of the district prosecutor's officers in Chechnya, the district military commander's offices and military unit no. 20116. The investigators also requested that the Chechnya FSB inform them whether they had detained |
Lance Bombardier Booth | 16. Statement of Lance Bombardier Michael John Sanders from UNFICYP:
“... Between two and three hundred Greek-Cypriot demonstrators were in the buffer zone and approached our formation. These people were in an agitated state, abusive, were singing patriotic songs and several were carrying Greek flags. I also saw several television cameras amongst the crowd. ...
The demonstrators were becoming more agitated and were throwing missiles towards UN personnel and Turkish forces. ...
A short time later ... I saw a male person previously unknown to me, this person was between myself and the road and was jogging towards the Turkish-Cypriot fire line [TCFL]. This person was wearing black jeans and a black T shirt ... I also saw that this person was smoking.
This person appeared to be extremely agitated and was verbally abusing UN and Turkish troops. I saw |
Adam Suleymanov | 44. The first applicant asked where the men were being taken. A serviceman replied that the four men were being taken for “interrogation”. The vehicles then left the schoolyard, taking Suleyman Surguyev, |
Ante Biondić | 9. In its judgment of 25 May 1999 the Velika Gorica Municipal Court upheld K.D.'s claim and declared the applicant's counterclaim inadmissible. It can be seen from the judgment that no arguments concerning the merits of the applicant's counterclaim had been heard before the court. The court found that the applicant had been prevented from seeking the exemption of her personal property from the inheritance because she had failed to file an objection to that effect in the course of the inheritance proceedings. The relevant parts of the first-instance judgment read as follows:
“... the [applicant's] counterclaim ... in the part seeking that her property rights be established over the estate which was subject to the inheritance proceedings in respect of the late |
Kazbek Vakhayev | 21. On 14 August 2000 the applicants learned that two more detainees, Yusup Satabayev (Satabayeva v. Russia, application no. 21486/06) and Ch., had gone missing from the Urus-Martan VOVD at the same time as |
[Eleni Foka] | 16. On 18 January 1995 the applicant was visited at the school of Ayia Triada by representatives of Doctors of the World, to whom she showed the bruises she had on her legs, hands and head. In its relevant parts, the report of Doctors of the World reads as follows:
“Although |
Imran Dashtayev | 301. At about 5.30 a.m. a group of fifteen to twenty servicemen in a yellow UAL lorry with registration number 75 99 86 broke into the house of the Dashtayev family. Several APCs and a UAZ minivan were waiting on a neighbouring street. They found Mr |
Tofiq Yaqublu | 47. Ten police officers mentioned in their pre-trial statements that they had seen the applicant on 24 January 2013. Some of them stated that there had been disorder between about 10 a.m. and 11 a.m. on 24 January 2013. They further stated that on the afternoon of 24 January 2013 (according to three of them, at around 4 p.m.; according to two of them, at around 5 p.m.; according to four of them, between 4 p.m. and 5 p.m.; and one of them did not specify the exact time), they had seen a crowd gathered near the administrative building of the Regional Education Department (only two of them specified the size of the crowd, one of whom stated that there were twenty people, and the other – two hundred people). According to the documents in the case file, at least three of them stated that the people moved to the area close to the Regional Education Department along the “hospital road”, which was the informal name for M.F. Akhundov Street used by locals. All ten of them further stated that they had also seen the applicant and |
Adam Makharbiyev’s | 15. On the following morning, 25 March 2001, the head of the Oktyabrskiy ROVD arrived in Urus-Martan and spoke with the head of the VOVD. As a result, Mr L.M. was released on the same day; during his release the VOVD officers mistakenly gave him |
Isa Yansuyev | 32. On 7 June 2004 the military prosecutor's office of military unit no. 20102 informed the prosecutor's office of the Chechen Republic (“the republican prosecutor's office”) that they had carried out an inquiry which had not established any trace of military personnel having been involved in the abduction of Ilyas and |
Ismail Makhmudov | 7. The applicants are close relatives of Mr Ismail Makhmudov, who was born in 1976. The first applicant is his mother, the third applicant is his wife, the fourth applicant is his daughter, and the fifth and sixth applicants are his brothers. The second applicant was Mr |
Miro Stambuk | 10. In its reasoning, the Disciplinary Court found that the applicant performed medical operations with a laser technique. In the house where he had his consultation rooms, his wife ran an “excimer-laser-centre”. In May 1994 the journalist Ms K. of the newspaper Schwäbische Zeitung had visited the applicant, upon appointment, in his consultation rooms and discussed his new laser operation technique. Moreover, a photograph was taken of the applicant at his place of work. On 26 September 1994, there had appeared in the said newspaper an article signed by Ms K. and entitled “Cornea under fire – laser restores full vision. In Blaubeuren, the ‘photorefractive keratotomy’ has been applied since three years – operation risks are low - expenses are partly reimbursed by the insurances” (“Die Hornhaut unter Beschuss – Laser gibt dem Auge die volle Sehkraft zurück. In Blaubeuren wird seit drei Jahren die ‘Photorefraktive Keratektomie’ angewandt – Operationsrisiken sind gering – Kosten werden teilweise von den Kassen übernommen.”). In the article, it had been inter alia stated that, according to his indications, the applicant had treated more than 400 patients having defective vision with a laser technique and that in no case had any subsequent corrective measures been necessary and that accordingly he had a success rate of 100%. The article had also reported the applicant’s statement that the long-term success of an operation depended upon the experience of the medical practitioner and on the selection of the patients. The article had been illustrated by a photograph of 12x19 cm in size which showed the applicant at his computer pointing to the monitor. It had the caption: “On the occasion of the ‘mapping’ Dr |
Ter-Petrosyan | 7. On 19 February 2008 a presidential election was held in Armenia. The main contenders were the then Prime Minister, Mr Sargsyan, representing the ruling party, and the main opposition candidate, Mr |
Frank Cachia | 20. In a judgment of 22 April 1997, the Civil Court found for the applicant company and declared that the failure to withdraw by the judges composing the Court of Appeal had violated Article 6 of the Convention. It observed that the same judges had been called upon to rule twice on a case concerning the same facts and the same parties. Moreover, in a judgment given on 10 October 1991 in |
Aleksandr Ivanovich Ryabikin | 38. On 25 May 2004 the Prosecutor General of Turkmenistan addressed the following letter to the Deputy Prosecutor General of Russia:
“The General Prosecutor’s Office of Turkmenistan presents its compliments to the Prosecutor General’s Office of the Russian Federation and issues a guarantee that |
the Minister of Industry | 9. In a final judgment of 4 December 1996 the Supreme Court found in favour of the applicant, quashed the decision of the Minister of Industry as unlawful, and, finding that he fulfilled the statutory conditions to purchase the property under the preferential privatisation procedure, explicitly instructed |
Vakhid Musikhanov | 16. In the context of the above proceedings, the Urus-Martan prosecutor's office sent enquiries to heads of a number of State bodies, including the Urus-Martan military commander's office, military unit no. 6779, the Urus-Martan Division of the Chechen Department of the Federal Security Service of Russia (отдел УФСБ РФ по ЧР в Урус-Мартановском районе, “the Urus-Martan Division of the FSB”) and district offices of the interior in Chechnya. The respective officials were requested to verify whether their subordinates had ever arrested |
Vincent Lambert’s | 29. In three applications lodged on 31 January 2014, Rachel Lambert, François Lambert and Reims University Hospital appealed against that judgment to the urgent-applications judge of the Conseil d’État. The applicants lodged a cross-appeal, requesting |
Hubert Mojsiejew | 24. In 2006 the court held only two hearings, on 23 January and 4 April. On 28 April 2006 the court requested a new expert medical opinion from the Wrocław Medical Academy. The experts submitted their opinon on 15 November 2006. The opinion reads as follows:
“The above observations [from photographs and an inspection of the room in which |
Mobarik Inderbiyeva | 54. On 9 July 2004 the supervising prosecutor overruled the decision to suspend the investigation as unsubstantiated and premature and ordered the investigators to resume it and take a number of steps, such as identifying the servicemen from military unit no. 3737 who had participated in the military operation in the Staropromyslovskiy District of Grozny in January 2000. The prosecutor also ordered the investigators to provide an explanation of the differences in the witness statements given by the applicant, her sister |
Carlo Giuliani | 102. In the instant case M.P. had had only one means of countering the attack: his firearm. He had made proportionate use of it, since before shooting he had called out to the demonstrators to leave, in an attempt to put a stop to their actions; he had then fired upwards and the bullet had hit the victim as the result of a tragic twist of fate (per una tragica fatalità). Had he wished to be sure of harming his assailants he would have fired through the side windows of the jeep, next to which numerous demonstrators had gathered. It followed that he had acted in self-defence. That being so, it was of little relevance whether M.P. had had a partial view of |
Kenan Bilgin | 7. The circumstances in which the applicant’s brother disappeared are disputed. In accordance with former Article 28 § 1 (a) of the Convention, the Commission conducted an investigation with the assistance of the parties and obtained documentary evidence and oral depositions.
Delegates from the Commission heard witnesses on 17 September 1999 in Strasbourg and from 20 to 22 September 1999 in Ankara. They also visited the offices of the anti-terrorist branch at Ankara Security Directorate on 20 September 1999. Evidence was taken from the following witnesses: the applicant, eleven people who had been in custody at the material time at Ankara Security Directorate and who alleged that they had met |
[Oxana] Rantseva | 80. In November 2003, the Cypriot Ombudsman published a report on “artistes” in Cyprus. In her introduction, she explained the reasons for her report as follows (all quotes are from a translation of the report provided by the Cypriot Government):
“Given the circumstances under which |
Ramzan Babushev | 27. On 14 February 2003 the first applicant was granted victim status in criminal case no. 24012. The decision stated, inter alia, the following:
“...on 4 February 2003, during a special operation in Makhkety in the Vedeno district, unidentified military servicemen took away all property from the household at 37 Zarechnaya Street, and detained |
William McCaughey | 15. The investigation into the attack on Donnelly’s Bar did not close and became active again in 1978, when a Catholic priest Father Hugh Murphy was abducted by loyalist paramilitaries intending to use him as a hostage vis-à-vis the IRA. The police arrested a reserve police constable |
Stelios Kalli Panayi | 18. On hearing the gunshots, a UNFICYP soldier came out of his observation post, located 250 metres south of the scene of the incident and started to look around; as he did not have a clear overall view, he proceeded towards the place where the gunshots had been heard and was about to cross the bridge. However, he was warned by means of two shots fired into the air by the Turkish soldiers not to advance any further. In fact, the situation was still critical as it was not known whether |
Nilgün Hasefe | 6. The first applicant is the mother and the remaining two applicants are the sister and brother of Ms Nilgün Hasefe, who was employed by Sabancı Holdings in Istanbul. On 9 January 1996 a number of armed persons raided the Holdings' premises and killed |
A. Gandaloyev | 68. The Government submitted that neither the investigation in criminal case no. 44073 nor those of any law-enforcement agencies in Chechnya, including the Chechnya FSB and the Achkhoy-Martan ROVD, had obtained any information about the involvement of |
Suliman Malikov | 41. On 28 March 2003 the Prosecutor’s Office of the Chechen Republic informed the third applicant that, as stated in the FSB’s reply of 13 March 2003, the FSB had no information to the effect that Mr |
Imran Dzhambekov’s | 83. On 17 April 2003 the Chechnya Prosecutor’s Office wrote to the first applicant in response to her complaint. It stated that following her son’s kidnapping by unknown persons wearing camouflage on 20 March 2002, criminal case no. 61058 had been opened on 25 March 2002 by the district prosecutor’s office under Article 126, part 2 of the Criminal Code. On 25 May 2002 the investigation had been adjourned owing to a failure to identify the culprits. On 30 January 2003 the investigation had been reopened and accepted for further examination by an investigator from the district prosecutor’s office. During this additional investigation the first applicant had been granted victim status and the second applicant and other witnesses had been questioned about the circumstances of the abduction. The letter further stated that the investigation had forwarded requests for information to the various military and police authorities in order to identify APCs nos. 237 and 246 and the UAZ vehicle with registration number 378-02 that had been involved in the abduction. Additional requests for information had been forwarded to the Orenburg Region. The letter concluded that, unfortunately, these investigative steps had not led to the identification of the culprits or to the establishment of |
Oberschlick | 15. In his decision, the public prosecutor considered that the case was comparable to another case. According to the judgment in that case, which contained a reference to the Court’s judgment in Prager and |
Savaş Buldan | 10. The applicants were informed of the incident on that same day. They immediately contacted the Bakırköy public prosecutor and the Yeşilköy police headquarters to find out more about the kidnapping. They were informed that the three persons had not been taken into custody. The same day, the brother of |
Aslan Chankayev | 88. On 1 October 2001 Mr Arbekov, the assistant to the district prosecutor, wrote to the Chechnya FSB that, according to the registration log of the Khankala FSB department, both Mr Ramzan Chankayev and Mr |
Servet İpek | 14. On 17 May 1994 the applicant and his son İkram İpek were tending their sheep away from the village of Türeli when soldiers approached them and asked them for identification. After being shown identification, the soldiers went on their way. The applicant's other son, |
Wilberforce | 20. Lord Steyn dissented on all three points. On Articles 3 and 8 he approved the reasoning of the Court of Appeal. On the status of the Code of Practice, by section 118(1) of the Mental Health Act 1983 (which directs the Secretary of State to prepare such a code) he found:
“...in section 118(1) Parliament had authorised a Code with some minimum safeguards and a modicum of centralised protection for vulnerable patients. This is inconsistent with a free-for-all in which hospitals are at liberty to depart from the published Code as they consider right. Indeed, it seems unlikely that Parliament would have authorised a regime in which hospitals may as a matter of policy depart from the Code. After all that would result in mentally disordered patients being treated about seclusion in a discriminatory manner, depending on the policy adopted by the managers and clinicians in particular hospitals.”
He also found Article 5 to be applicable, stating as follows:
“Under English law a convicted prisoner, sentenced to imprisonment, retains all his civil rights which are not taken away expressly or by necessary implication: Raymond v Honey [1983] AC 1, at 10G, per Lord |
Artur Bersunkayev | 40. In a letter of 12 February 2003 the Urus-Martan Division of the FSB again informed the applicant that their personnel had never detained her son or brought criminal proceedings against him. The letter continued that on 7 June 2001 |