target
stringlengths 11
53
| prompt
stringlengths 200
14.1k
|
|---|---|
Mehmet Akkum | 132. The witness, who was the public prosecutor in Palu at the time of the events, was present at the examination of the body of Mehmet Akkum. He noted the absence of the ears but did not consider it his duty to find out how the body had been mutilated. He concluded, on the basis of the information given by the gendarmes, that |
D.I. Mann’s | 19. Judge Brodrick decided that some documents, including D.I. Mann’s report, which led to the Chief Constable’s decision to authorise the use and installation of a covert listening device in B.’s flat, were to be withheld from the applicants and their lawyers. The judge kept under review the non-disclosure during the proceedings and at one point some disclosure was made, although not |
Magomed Kudayev’s | 8. Having woken up her husband, the first applicant went to the door. One of the men asked her: “Where is Zelimkhan?” Magomed Kudayev answered that it was he. Then a man ordered him in accented Russian to get dressed and follow them. The men did not ask for any documents. When the first applicant asked where they were taking her husband, one of the intruders pointed his gun at her and ordered her to go into another room. Meanwhile the second applicant, who had been alerted by the noise, entered the room. Some of the men entered the dwelling of |
Vladimir Aleksandrovich Kolovangin | 5. On 21 June 2000 the applicant issued her husband, Mr Kolovangin with a power of attorney (registered by a notary public under no. 2226) which provided as follows:
“I, Ms Irina Petrovna Kolovangina, ... hereby authorise Mr |
Murat Koparan | 108. The witness was the public prosecutor in Elazığ, in charge of the investigation into the death of Ferhat Tepe. In the investigation file and the autopsy report he received, there were no findings indicating that the deceased had been tortured. There was no sign of any ill-treatment on the photographs. In their statements made at the Hozat Public Prosecutor’s office, Mr |
Aslan Dovletukayev | 42. On the same date the investigators questioned the neighbour, Mr I.L. Only the first page of his statement was furnished to the Court. From the information available it appears that Aslan Dovletukayev’s abductors had also searched his house, that they had used military radios, and that one of them had used a special call name which the witness could not remember. Once the perpetrators had left, he had found out from the other neighbours that the men had taken away |
Ronald Blistier | 18. The court went on to point out that section 29 of the Act of 29 July 1881 defined defamation as “any statement or allegation of a fact that impugns the honour or reputation of [a] person” and that the law made no distinction based on the nature of the writing in issue. On that basis, any writing, whether political, philosophical, novelistic or even poetical, was governed by the applicable rules in such matters, with regard both to public order and to the protection of individuals. However, the court added that “the application of the rules on defamation in respect of a press article or other text directly expressing the view of its author requires, if the text is a work of fiction, an examination of the question whether the civil parties are actually the individuals concerned by the offending remarks, and then of the meaning attributed by the author to the words of his characters in the light of the ideas that he expounds in reality in his work”. As to the second point – the first being manifestly established – the court found as follows: “... a distinction has to be made between the offending passages on pages 10, 86, 105, and, lastly, 136, the only extracts now to be taken into account: some of them express the view of the narrator and coincide with the author’s ideas as they emerge from the work as a whole, whilst others can be attributed only to the character making the remarks in question, in so far as the author genuinely distances himself from those remarks throughout the work, either through the narrator or by other means.”
Using that method the court ruled as follows on the four passages in question:
“1. Page 10: ‘... an effective way to fight Le Pen is to call for him to be put in the dock and show that he isn’t the Chairman of a political party but the chief of a gang of killers – after all, people would have voted for Al Capone too’ [this view is attributed by the author to anti-racist demonstrators who have gathered outside the law courts].
This segment of text is preceded by another, which has not been mentioned by the civil parties: ‘For them, it’s not sufficient to call |
İhsan Haran | 16. On 27 December 1994 Mr Fahri Hazar, a co-villager, came to the applicant’s house and told her that on the morning of 24 December 1994 an identity check had been carried out by uniformed police officers at the construction site where |
Marek Czarnecki | 12. On 23 March 1999 the Lublin Regional Court extended the applicant's detention. The applicant appealed against this decision but his appeal was dismissed on 14 April 1999 by the Lublin Court of Appeal. The appellate court gave the following reasons for its decision:
“ |
Abubakar Tsechoyev | 36. On 24 March 2012 the investigators questioned the applicant who stated that at about 3 a.m. on the night between 22 and 23 March 2012 Mr I.G. had arrived at his house, informed him of the abduction of Mr |
Rustam Kagirov | 69. On 30 December 2009 the investigators questioned officers of the Shatoy ROVD Mr U.A. and Mr A.I. both of whom stated that their ROVD did not have detention cells owing to repair works in the building and that the detainees were taken to the temporary detention facility of the Chechnya Ministry of the Interior. They did not recall seeing Mr |
Lyubov M.-E | 47. Writing to the applicants’ lawyer on 29 July and 12 August and the regional prosecutor’s office on 30 July 2014, the Kaluga FMS provided information about the medical assistance given to the applicants. In respect of M.A., the letters stated that he had been examined by a doctor upon arrival, that an interpreter had assisted him on 9 June 2014 in communicating with the detention centre doctor, who had administered treatment, and that on 14 and 25 June he had again been examined by a doctor and sent for a chest X-ray. His condition had been described as “satisfactory” and improved. The letters went on to state that the detention rooms had a ventilation system installed, that the shower and toilets, although not in the rooms, were undergoing renovation so that they would all be on one floor, that there was a courtyard for walks, and that the detention centre staff had treated detainees with respect and never allowed any behaviour which could escalate into arguments. The staff included a doctor, a psychologist and a medical disinfection specialist. On 17 July 2014 M.A. had signed a paper refusing any further assistance from Ms |
Olga Biliak's | 46. On 1 February 2004 at 9.15 p.m. Olga Biliak was visited by a prison doctor who gave her a painkiller and an anti-spasmodic drug. At 9.55 p.m. Olga Biliak died. The death certificate issued on the same day indicated bilateral pleurisy as the cause of death. According to the Government, |
Akhdan Tamayev | 191. In particular, when questioned, the six officers acknowledged that Russian servicemen had conducted a sweeping-up operation on 6 January 2001. According to Mr Kuryayev, Colonel L. had been in charge of the operation. As a result of the operation three men had been taken to the ROVD but their detention had not been officially registered. After a call from the Urus-Martan FSB at around 5 p.m., four or five FSB officers had come to take Mr |
Sandro Girgvliani’s | 90. On 11 March 2006 statements made by B.E. on 2 March 2006 were verified at the scene of the crime. This young man, who lives in Okrokana, had helped Sandro Girgvliani’s friends to find his body in the woods. B.E. showed the place where, in the gorges of the river that runs past the cemetery, he had first spied the traces of a bloodied body that had fallen down in the snow. With |
Ramzan Guluyev | 15. The applicants also enclosed a copy of a complaint from over 100 residents of the village of Katayama, Staropromyslovskiy District, to the administration of the Chechen Republic, submitted on an unspecified date in 2002. The residents complained that their fellow villagers had been disappearing and referred in particular to the abduction of Mr |
Sukhovetskyy | 19. On 12 February 2007 the Supreme Administrative Court dismissed an appeal lodged by the applicant’s lawyer, who asserted that the restriction of his client’s liberty was in breach of Article 3 of Protocol No. 1 to the Convention because he would then be unable to meet potential voters and proclaim his electoral programme. The Lithuanian court had regard to the Court’s case-law on the subject and emphasised that the right to stand for elections was not absolute (the Supreme Administrative Court referred to |
Balavdi Ustarkhanov | 10. The servicemen told everyone that they were looking for a person who was on the authorities' wanted list. They conducted an identity check and took away the passports of Mr Makhadi M. and Mr Magomed M. On completion of the check the servicemen were about to leave when one of them asked |
Vladimir Milanković | 53. On 2 September 2013 a three-judge panel of the Osijek County Court examined the specific circumstances of the case and extended the first applicant’s detention under Article 102 § 1 (4) of the Code of Criminal Procedure (gravity of charges). The relevant part of the decision reads:
“The release of the accused |
Muslim Saydulkhanov | 6. At the material time the applicant and her family, including Mr Muslim Saydulkhanov, lived in Vedeno, Chechnya. Checkpoints were located on the roads leading to and from the settlement which was situated at high altitude. Since January 2002 Mr |
Gülperi Döner | 14. It appears that in the meantime, some of the applicants’ families contacted the Istanbul Bar Association seeking legal aid for their relatives during their detention in police custody. A lawyer was accordingly appointed. On 13 January 2002 the lawyer applied to the public prosecutor’s office at the Istanbul State Security Court for information in relation to twelve of the applicants (Esma Döner, |
Anastasios Isaak | 39. The witness is a police superintendent and commander of Police Division C at the Police Headquarters. On 11 August 1996 at about 6.45 p.m. he visited the scene of the killing of Anastasios Isaak with a team of men from CID Headquarters and the Forensic Service. In his statement he noted that he had given instructions on the spot to the Acting Superintendent in charge of CID (E) Headquarters concerning the investigation of the killing, asking that the scene be photographed and video-recorded. He had also attended the post-mortem examination of the corpse of |
Saddam Hussein | 9. In a written submission dated 20 January 1993 the applicant added mainly the following to his initial account. He was born in Basra but had moved to Baghdad in 1986 when he married. Between October 1981 and February 1990, during the war with Iran, he had served in the military and he had been called up again between August 1990 and January 1992, during the occupation of Kuwait, to serve in an armoured transport division assigned to transport tanks. He had been given four military awards for bravery and four medals, however such medals had been given to a large number of officers and soldiers. In October 1992 he had been called upon to carry out military assignments (allegedly murders and terrorist acts) against the Shi’as in Al Ahwar. As he had felt unable to murder his own people, he had deserted and left Iraq on 20 December 1992. In this respect, he submitted that he sympathised with all organisations working against |
Vraniškovski | 40. An article published in the daily newspaper Večer on 2 June 2009 reported on the alleged discontent of the applicant’s followers about its name as submitted in the second registration proceedings. In this connection the article quoted a letter by Mr |
Giles Van Colle | 58. Lord Brown was in full agreement with Lord Bingham. He noted that threats to witnesses were a problem: Home Office/Association of Chief Police Officers (“ACPO”) statistics showed that 10% of crimes led to incidents of intimidation. He underlined, however, that the Osman test was “clearly a stringent one” which was not easily satisfied, as recognised by the Osman judgment itself. It was “a constant one” which did not vary depending on the circumstances so that the fact that |
Yusup Mezhiyev | 140. On 20 July, and again on 7 and 9 August 2002 the investigators questioned several police officers who had been manning checkpoint no. 33 at the time of the events in question. They stated that on 22 June 2002 the FSB officers had arrived at the checkpoint in order to undertake a special operation. On the morning of 23 June 2002 they searched cars passing through the checkpoint. None of the officers questioned had information about the abduction. The checkpoint had also been manned by OMON officers. Several of them were also questioned by the investigators, but none of them had witnessed the arrest of Mr |
Yakup Aktaş's | 108. The witness, a private in the gendarmerie serving at the intelligence unit of the Mardin provincial gendarmerie, stated that as part of his guard duty at the detention area he would let detainees out of their cell when they needed to go to the lavatory or when they went for their meals. He would also give the detainees water if they asked for it. While carrying out those duties he had not observed anything unusual about |
Bülent Karataş | 29. The single sports shoe and the pair of blood-stained jeans found in the bag during Bülent Karataş’s post mortem examination, as well as a pair of shoes and a track-suit bottom which apparently belonged to the tenth applicant, were analysed at the Forensic Medicine institute on 31 January 2008. It was established that the blood samples taken from near the river bed by the prosecutor on 28 September 2007 (see paragraph 10 above) belonged to the tenth applicant, |
Maskhud Makhloyev | 37. On the same day the investigator in charge of the case applied for judicial authorisation of access to all call logs for the night of 28 to 29 October 2009 kept by mobile-phone providers operating in the area. On 18 November 2009 he also applied for access to the logs of all incoming and outgoing calls to and from Mr |
Achkhoy-Martan | 55. On 27 April 2010 the Prosecutor’s Office of the Chechen Republic informed the applicant’s counsel in reply to an earlier request, that in the course of a disciplinary investigation it had been established that Mr P., the former acting prosecutor of |
Mustafa Duman | 48. The hearings on 27 March, 4 June and 15 September 1997 had to be postponed on account of the failure of the authorities to submit to the trial court the identity card of Kadri Dursun and the criminal records of |
Shamkhan Tumayev | 63. Between 6 October 2004 and 3 February 2005 the investigation interviewed some thirty residents of Valerik as witnesses. They stated, in almost identical terms, that they had learnt about the abduction of |
Raisa Pavlovna Lantseva | 4. The applicants were born in 1947 and 1950, respectively. The first applicant, Mr Kryukov, lives in Kolpashevo, the Tomsk Region. The second applicant, Mr Lantsev, died on 28 October 2007. On 10 March 2008 his widow, Ms |
İhsan Baran | 49. Both witnesses affirmed that they had been held in custody between 15 December 1994 and 2 January 1995 in the anti-terror branch of the Security Directorate and that they had not seen or known of a person named |
Dzhaksybergenov | 52. On 21 September 2011 the City Court upheld the extradition order. It reiterated that the applicant’s submissions concerning the risk of ill‑treatment and denial of fair trial, as well as political persecution, had already been assessed and dismissed in the asylum proceedings. It went on to note that, after examining those arguments itself, as well as the abundant materials submitted by her, which included reports from various governmental and non-governmental organisations on the human rights situation in Kazakhstan, judgments of the European Court, articles published in the media, and relevant public statements by Kazakhstani officials, as well as video materials, it considered that the applicant had failed to produce convincing evidence to substantiate her submissions that she would be at risk of ill-treatment and denial of fair trial. With reference to the |
Vakhazhi Albekov | 29. On 11 December 2000 the head of the village administration issued a note which contained the following account of the events of 22-25 October 2000:
“At about 2 p.m. on 22 October 2000 a resident of Akhkinchu-Barzoy, |
Fikret Yusifov | 9. From 11.45 p.m. on 19 October to 12.50 a.m. on 20 October 2005, the applicant was questioned for the first time after his arrest earlier that day. A State-appointed lawyer was present during the questioning. The applicant was asked about a loan of 100,000 euros (EUR) that he had allegedly made to |
Ramzan Alaudinov | 27. Also in May 2000 the tenth applicant wrote to the public prosecutor’s office of Chechnya (“the Chechnya prosecutor’s office”) and to the General Prosecutor’s Office complaining about the unlawful detention of his son and two other persons by officers of the Oktyabrskiy VOVD. The tenth applicant submitted that although the head of the VOVD had denied that the three persons had been detained, he had talked to other detainees who had told him that they had seen |
James McDonnell | 16. The Northern Ireland Civil Liberties Council requested a report from Dr Kirschner of the International Forensic Programme, Chicago. Dr Kirschner considered the reports of Professors Crane and Vanezis as well as other material including statements from prisoners in the deceased’s cell block. Dr Kischner’s report of 7 September 1997 concluded:
“[I]t is my opinion within a reasonable degree of medical and scientific certainty that the injuries that |
Piotr Nowak | 9. On 12 February 2004 the applicant failed to appear at the hearing. The Szczecin District Court ordered that the applicant be remanded in custody for a period of three months. The decision reads as follows:
“the court orders that |
U. Ergashev | 14. On 22 June 2009 the Russian Prosecutor General’s Office issued an extradition order against the applicant. The text of the decision included the following:
“... the Andijan Region Investigations Department of the Uzbek Ministry of the Interior is investigating a criminal case against |
Ilgar Mammadov | 78. In relation to Mr Mammadov’s complaint of a violation of Article 18 in conjunction with Article 6 the Court stated in the second Mammadov judgment, cited above:
“260. The Court recalls that it has already held in [the first] |
Zehra Özden | 8. In 1976 the authorities conducted a land registry survey in Seydişehir and revised the local plans. Following this revision, the land in question was registered in the Land Registry with the title of six other persons ( |
Zelimkhan Isayev | 17. Immediately after Zelimkhan Isayev’s arrest the first and second applicants pursued the UAZ vehicles in a car, but in vain. They then visited the head of the local administration and told him that |
Murat Bektaş's | 12. The same evening the Istanbul prosecutor arrived at the scene of the incident. In his presence the police officers searched Erdinç Arslan's flat and found a Kalashnikov machine gun numbered SG29101, a Unique firearm, empty cartridges and bullets. The police officers found a Star firearm numbered 1898622 in |
Mehmet Selim Kurbanoğlu | 519. Mr Erten denied acting as a PKK courier and said that he used to get angry when Mr Güven approached him to listen to his conversations with his clients. He disputed Mr Güven's statements against him, the confrontation record and the preliminary statement, which he alleged had been forced from him under torture. He had not had any PKK document on him when apprehended. It would have been irrational to have carried such a document at that time.
h) |
Akhmed Buzurtanov | 43. On 18 January 2013 the head of the operational search unit of the Ministry the Interior of North Ossetia-Alania replied to the investigators’ request (see paragraph 42 above) stating, amongst other things:
“In reply to your request no. 240-21/1908-2012 of 17 December 2012 I inform you that the operational services of North Ossetia-Alania have obtained information that Mr |
Colin Powell | 34. On 5 June 2004, the Prime Minister of the interim government of Iraq, Dr Allawi, and the US Secretary of State, Mr Powell, wrote to the President of the Security Council, as follows:
“Republic of Iraq,
Prime Minister Office.
Excellency:
On my appointment as Prime Minister of the interim government of Iraq, I am writing to express the commitment of the people of Iraq to complete the political transition process to establish a free, and democratic Iraq and to be a partner in preventing and combating terrorism. As we enter a critical new stage, regain full sovereignty and move towards elections, we will need the assistance of the international community.
The interim government of Iraq will make every effort to ensure that these elections are fully democratic, free and fair. Security and stability continue to be essential to our political transition. There continue, however, to be forces in Iraq, including foreign elements, that are opposed to our transition to peace, democracy, and security. The government is determined to overcome these forces, and to develop security forces capable of providing adequate security for the Iraqi people.
Until we are able to provide security for ourselves, including the defence of Iraq’s land, sea and air space, we ask for the support of the Security Council and the international community in this endeavour. We seek a new resolution on the Multinational Force (MNF) mandate to contribute to maintaining security in Iraq, including through the tasks and arrangements set out in the letter from Secretary of State |
Amirkhan Alikhanov | 27. On 29 March 2005 the investigators again questioned Mr A., who stated that on 25 March 2005 he had learned that in Zamay-Yurt in Chechnya, at some point in January or February 2005, federal servicemen had conducted a special operation and killed six persons. This information had been broadcast during the news programme of one of the federal television channels. On the same date he and his relative, Mr A.G., had gone to that village, where in a shed next to the cemetery they had found various pieces of clothing. Among them he had identified and collected those of his brother, |
Andarbek Bugayev | 15. On 27 August 2004 the senior operational search officer Mr M.A. reported to the head of the Grozny ROVD of the following:
“... upon the orders given by the investigator Mr M.T. from the Grozny town prosecutor’s office in connection with the investigation of the abduction of Mr A.Bugyaev in Khankala, I took operational search measures as a result of which it was established that Mr A. Bugayev had been released and currently is outside of the Chechen Republic. ... I have spoken to a number of his neighbours ...who had confirmed that Mr Bugayev had been released and left [the area]. It was impossible to question the relatives of Mr |
Eduardo Alexander Antonio Mathew | 48. Apparently on 27 January 2004 the applicant was informed orally that he would not be granted early release. It was claimed that he had not been issued with a formal written decision. He submitted a copy of an unsigned document dated 16 January 2004 sent by the registry of the Aruba Court of First Instance to the Aruba Minister of Justice, phrased in the following terms:
“Please find attached the documents sent to the Central Rehabilitation Board [Centraal College voor de Reclassering] relating to the release of |
Sophoclis Sophocleous | 33. Furthermore, in his statement, Superintendent M. Cosgrave noted that the following day he had visited the scene of the incident at Dherynia checkpoint with State pathologists Dr Panicos Stavrianos and Dr |
Yagublu Tofig Rashid oglu | 17. On the same day the applicant was charged with criminal offences under Articles 233 (organising or actively participating in actions causing a breach of public order) and 315.2 (resistance to or violence against public officials, posing a threat to their life or health) of the Criminal Code. The specific acts attributed to the applicant were described as follows in the investigator’s decision of 4 February 2013:
“Beginning at around 3 p.m. on 24 January 2013, |
Anton Velinov Velev | 30. On the basis of the facts, as established above, the SAC reached the following conclusions:
“By Article 7 of the Constitution of the Republic of Bulgaria, the State is liable for damage caused through the unlawful actions and omissions of its bodies and officials. The provision is of a general character and its implementation is to be regulated by statute. The tort liability of the State and the municipalities is thus regulated in the States and Municipalities Responsibility for Damage Act (SMRDA), which is the applicable special statute [...] The State’s liability is strict, the victim receives damages directly from the juridical person to which the respective body or official belongs. The liability is objective as it is not necessary to show that the damage was caused through the fault of anyone. [...]
By section 1 (1) SMRDA, the State and the municipalities are liable for any damage caused to individuals and legal persons from the unlawful acts, actions or omissions of their bodies and officials, in the course of or in connection with an administrative activity. By section 7 of the SMRDA, the action is to be directed against the [bodies] whose unlawful acts, actions or omissions led to the damage caused. By section 4, the compensation is to cover any pecuniary and non-pecuniary damage, which is a direct and proximate result of the harm done. For the liability to be engaged, the following preconditions have to be met: 1) there has to be pecuniary or non-pecuniary damage – actual damage or lost profit; 2) it must have been caused by an unlawful act, action or omission of a body or an official of the State or the municipalities; 3) it has to be in the performance of an administrative activity, namely the damage has been caused by the unlawful act, action or omission of the body or official, in the course of or in connection with an administrative activity; and 4) direct and proximate causal link between the unlawful act, action or omission and the damage caused. [...]
The analysis of all written evidence in the present case leads to the unconditional conclusion that on 21 and 22 March 2005 officials of the First police directorate in Sofia caused to the plaintiff minor bodily injury. As early as 23 March 2005 the [doctor at the Sofia Investigative Service] noted a “light bruise on the left side of the chest and the back”. During the plaintiff’s examination on 26 March 2005 [the coroner] noted eight different injuries in the areas of the left ear, left part of the chest, left side of the back, left and central parts of the waist, right side of the chest down to the waist and left side of the waist towards the pelvis. Part of these injuries correspond to the one established by [the in-house doctor], at the same time the coroner himself is explicit in his conclusion that the injuries could have been caused in the way and at the time indicated by the plaintiff. The plaintiff’s description of the events of 21 and 22 March 2005 at the [police directorate’s building] is consistent, as seen from the records of his [examinations during the criminal proceedings]. During these examinations the plaintiff was interviewed as a witness, after having been notified of the criminal sanctions in the event of perjury. [...] The combined assessment of [these records] together with the remainder of the evidence shows that they all establish identical factual circumstances. In that regard, objective data are also contained in the two court decisions given in the framework of the criminal proceedings [concerning appeals of the applicant against decisions of the prosecution to discontinue the proceedings], which are obviously based on evidence collected during the investigation. It has not been disputed that the [criminal proceedings in question] were opened following a complaint by the plaintiff against unknown officers of the First police directorate in Sofia that on 21 and 22 March 2005 they had caused him a minor bodily injury, an offence under Article 131 § 1 (2) taken in conjunction with Article 130 § 2 of the Criminal Code. As seen from [the decision] of the Sofia Military Court of 2 April 2008, in the course of the criminal proceedings a medical expert report was commissioned, which established that Velev’s injuries had caused him pain and suffering. [...]
On the basis of all the evidence indicated above, the court concludes that on 21 and 22 March 2005 the plaintiff |
Alash Mugadiyev | 72. The applicant and her relative, Ms S.M, followed the servicemen and saw Mr Alash Mugadiyev being put into an UAZ (tabletka) minivan. The vehicle’s registration plate contained the figures 386 кх. On the same day two other residents of the village, Mr S.A. and Mr A.B., were detained by servicemen. Mr S.A. was put into the same vehicle as Mr |
Stefan Eberharter | 11. On 26 June 2002 the Vienna Court of Appeal (Oberlandesgericht) dismissed the applicants' appeal. It noted that the reading and understanding of the article demanded a very high level of intelligence and concentration. The court of first instance had therefore rightfully also taken account of readers who might peruse the first paragraphs of the article without understanding its satirical meaning and then discontinue their reading of the essay because it was too demanding. The fact that the offending statement was pure fiction and that |
Lema Dikayev | 19. Next, at about 7 a.m. on the same morning, the sixth applicant and the first applicant's son went to the house of Mr M., the head of the Urus-Martan district department of the interior (the ROVD). There they met the seventh and eighth applicants, who informed them that on the very same night Russian military servicemen had beaten and taken away their relative, |
Geriskhanov | 45. On 13 March 2005 Mr T., head of the village administration, was questioned. He submitted that in 1994-1996 some young men from the area, under the command of a certain Geriskhanov from the Gudermes district, had obtained weapons and set up watch at the village’s entrance. He did not know what exactly they had been doing. According to rumours, |
Ivan Singartiyski | 15. On 4 March 1999 sixty‑one members of the Bulgarian parliament requested the Constitutional Court to declare the applicant party unconstitutional, more specifically, contrary to Articles 11 § 4 and 44 § 2 of the Constitution of 1991. They argued that the party had in fact been formed in 1990 and was a successor of the “illegal” UMO Ilinden. They further argued that the party’s ultimate aim was the formation of an independent Macedonian state through the secession of Pirin Macedonia from Bulgaria. The party’s members and leaders had on numerous occasions declared such goals. The party’s original constitution, amended in the course of the proceedings before the Sofia City Court, contained language to the effect that it would “protect the interests of the population of Pirin Macedonia [and] of the refugees from Aegean and Vardar Macedonia”. This indicated its separatist character. Also, the applicant party’s chairman, Mr |
Joselito Renolde’s | 39. On 16 October 2000 the investigating judge appointed two psychiatric experts, Dr G. and Dr P., instructing them to inspect Joselito Renolde’s medical records; to analyse their contents and to determine whether the condition from which he suffered was compatible with detention in a punishment block, whether the absence of medicinal substances in his blood was normal, whether it was to be concluded that he had deliberately refrained from taking his medication and whether such an interruption of treatment had influenced his behaviour, and in particular his suicide; to clarify the reason for the ERIC team’s intervention on 2 July 2000; to interview, if necessary, the SMPR psychiatrist and nurses and the members of the ERIC team; and to determine whether |
Suren Muradyan | 77. On 17 November 2004 charges were brought against hospital doctor I.M. under Article 375 § 2 of the new Criminal Code of Armenia (abuse of authority or public position, accidentally resulting in grave consequences) on the ground that he had failed to provide adequate treatment to |
Suleyman Elmurzayev | 23. At about 2 a.m. on 27 March 2004 around fifteen armed men wearing masks and uniforms broke into the house at 23 Rodnikovaya Street and forced all family members to the floor. Then they took Idris Elmurzayev and his brother, |
Yakup Aktaş | 102. Mehmet Yılmaz, a master sergeant in the gendarmerie serving in the intelligence unit of the Mardin provincial gendarmerie, stated that he had seen Yakup Aktaş while on guard duty on 22 November 1990. On that day he had ordered the doors of the cells to be opened three times in the morning and twice in the evening and had asked the detainees if they had any problems. He had spoken to |
Magomed Dokuyev | 18. On 16 February 2001 the first applicant travelled to Gudermes and handed over a complaint about his son’s detention, addressed to the head of the Chechen Administration, Mr Akhmad Kadyrov. Among other authorities the applicants applied to immediately following Mr |
M. Sakhokia | 22. On 3 September 2000, several private individuals, including Z.O., K.T., and U.A., armed with guns and knives, burst into the home of I. Papava in Senaki (Western Georgia) where a meeting of Jehovah’s Witnesses was taking place. One of the assailants blocked the door, while the others proceeded to attack the applicants. A gun was pointed at the head of |
Van den Heuvel | 93. After he had passed the police officer, the coloured man had drawn a pistol or a revolver, a firearm at any rate, which he had held in his right hand. He had held his arm slanted downwards, thus pointing the pistol towards the ground, and had tried to continue on his way. Mr |
Zhamalayl Yanayev | 20. In a letter of 4 October 2005 the General Prosecutor’s Office informed the second applicant that the investigation had established that at about 3 p.m. on 28 December 2004 unidentified persons had detained Mr |
Yakub Iznaurov's | 12. A soldier who was checking Yakub Iznaurov's passport noted that his permanent place of residence was in the Republic of Kalmykia. The serviceman asked the applicant's son why he had come to Grozny and whether he had come to Chechnya to fight against the Russian forces. Without listening to |
Tamas Somogyi | 27. In a judgment of 24 May 2001, deposited with the registry on 3 July 2001, the Bologna Court of Appeal declared the applicant's appeal inadmissible. It observed in particular that the evidence against the applicant had been corroborated by two persons charged in related proceedings, who had stated that the weapons in question, which had been brought in from Hungary and then used to commit an armed robbery, a murder and an attempted murder, had been bought at the applicant's house. He had then taken to Hungary a Fiat Uno car which one of the co-defendants had sold him. The District Court had correctly identified the defendant as |
Suleyman Elmurzayev | 24. On the same night a group of armed masked men took two other residents of Duba-Yurt, namely Umar and Ibragim Elmurzayev, from their home. After leaving the village, the servicemen allowed those two men and |
Sedat Şenoğlu | 9. The applicant complained, in particular, that he had been beaten, subjected to “Palestinian hanging”, forced to remain standing, hosed with cold water, squeezed in the testicles, deprived of sleep, threatened with death and sworn at.
e) |
Z. Kalaidjieva | 34. The applicants, Mr Bojko Cholakov and Mrs Milka Cholakova, both Bulgarian nationals, were born in 1914 and 1916 respectively. Mr Cholakov passed away in March 2005. His wife (the second applicant) and her daughter and son, Mr Cholakov's heirs, stated that they wished to continue the proceedings before the Court. The applicants were represented before the Court by Mrs |
Fadhal Saadi | 24. The prosecution further submitted that the applicant’s brother, Mr Fadhal Saadi, had been detained in Iran; the applicant had visited him there in either January or February 2002. After his release Mr |
Muslim Nenkayev | 8. The first two applicants are spouses and the parents of eight children – the third to ninth applicants and Mr Muslim Moldiyevich Nenkayev, born in 1982. The tenth applicant is the fourth applicant’s wife. At the material time |
Musa Bamatgiriyev | 117. On 7 June 2007 the investigators questioned Mr Kh.M. who stated that he had been in the Kostroma Region when Mr Musa Bamatgiriyev had been abducted. He also stated that he had heard about the membership of Mr |
Sharudi Obrugov | 90. On 29 November 2010 the investigation was suspended. At the same time, the investigators ordered that operational search activities be carried out, with the aim of establishing the whereabouts of Mr |
Arif Altinkalem | 517. Mr Kaya denied acting as a PKK courier. He had no relation other than that of lawyer/client with the prison. He repudiated the preliminary statement which he had signed after repression and torture – cold water and sexual harassment. He also rejected the confrontation report with Mr Güven, who had intervened in conversations he had had with his clients, being the prisoners' representative. He confirmed his statement to the Public Prosecutor.
f) |
the Mayor of Warsaw | 18. Initially, the applicant was a party to two sets of proceedings concerning the grant of the right of perpetual use of land which were conducted separately before the Board of the City of Warsaw (subsequently |
Tomislav Remetin | 38. At a hearing on 11 December 2008 the Deputy State Attorney amended the indictment against I.Š. The relevant part reads:
“On 17 April 2003, at around 5.20 p.m., near no. 6 Voltina Street, Dubrovnik, in the playground of the Marin Držić Primary School, after a physical conflict he had with |
Mutalip Damayev | 29. On 23 April 2004 the scene of incident was again inspected in the presence of Mr Mutalip Damayev. According to the additional inspection report, in front of the demolished building’s façade there was a cone-shaped hole 3.20 metres long, 2.20 metres wide and 0.90 metres deep. The distance from the centre of the hole to the foundation of the façade wall was two metres. |
Ilia Velikov | 8. In 1978 the apartment was divided into two apartments which became the ownership of the second and the third applicants respectively. In 1991 the second applicant transferred his title to his two sons, Alexander and |
Ihsan Sumbul | 60. On 23 July, at about 17.30 hours, a raid was carried out on the village by the Boyunlu village guards. The witness’s father-in-law Bisar ran away with other villagers on hearing the shots. Four guards ( |
Bekman Asadulayev | 41. On 9 March 2004 investigators of the district prosecutor's office questioned Mr Zh., who at the time of the incident had held the post of deputy Minister of the Interior of the Chechen Republic and had been head of the MVD human resources department. Mr Zh. submitted that on 11 or 12 January 2004 he had been contacted over the phone by Mr D., the acting Minister of the Interior of the Chechen Republic. Mr D. had informed Mr Zh. that a certain |
Ruslanbek Vakhayev | 64. On 15 January 2004 the investigators provided the supervising prosecutor with a brief report on the progress of the investigation in the criminal case. The document stated, amongst other things, the following:
“... the investigation established that on 5 October 2001 |
Abdülhakim Güven | 11. The facts being disputed by the parties, the Commission appointed Delegates who took evidence in Ankara from 7 to 11 December 1998. They heard all the applicants (except for Hüsniye Ölmez) as witnesses, as well as |
R. Lorsanukayev | 143. From the documents submitted it appears that at some point between October and December 2005 the authorities concluded that four residents had been abducted as a result of the special operation: Mr A. Musayev, Mr U. Musayev, Mr |
Mehmet Salim Acar | 141. Halise Acar made the following statement to İrfan Odabaş:
“Mehmet Salim Acar, who has gone missing, is my husband. On the day of the incident he had gone to work in the field with my son İhsan Acar. My son later came running back to the house saying that |
Isa Zaurbekov | 52. The first applicant read a witness statement dated 23 August 2005 by Mr Sh., a relative of the father and son who had disappeared after 11 February 2003, to the effect that on 11 February 2003 armed people in four armoured personnel carriers and two UAZ vehicles had taken away the father and son from the Sh. family. Mr Sh. also stated that on 18 February 2003 he and an investigator of the Grozny prosecutor’s office had visited a nearby federal checkpoint and found out that on 11 February 2003 at about 3 a.m. a federal military convoy had passed through the checkpoint in the direction of the districts where |
Jean-Marie Le Pen | 17. In its judgment the Court of Appeal considered, firstly, that the work in question was a “novel”, “a ‘creation of the imagination’ as defined by the Petit Robert dictionary”, whose story line was constructed around the dilemma facing the main character: “The author has developed a plot, based on that framework, running from the beginning of the proceedings against the young defendant until his suicide in prison before counsel’s address and the prosecution speech, and has given expression to many characters who mainly appear as stereotypes characterised by their moral or political position in relation to the civil parties, who themselves are explicitly real people.” It further observed that Mr Le Pen and the Front National, both appearing under their real and current identities, were constantly at the forefront not only of the debate conducted in open court but also of the exchanges between the various characters, “and even at the heart of the intimate contradictions facing the main protagonist”. The court then noted that, on a number of occasions, words had been put into the mouth of Mr Le Pen, who “express[ed] views that [were] close or identical to those [that he took] in reality, but which [had not been] regarded by the civil parties as impugning his honour and reputation or those of the party of which he [was] the leader”. It further considered that the subject of the book was the question set out on the back cover, “How can |
Sabahattin Uz | 61. The parties submitted various documents concerning the investigation into the alleged abduction and killing of Savaş Buldan. 1. Official documents
The documents listed below concern the statements taken from various witnesses and the investigation in relation to the kidnapping and subsequent killing of the applicant's brother.
(a) Witness testimonies
(i)Statement of |
Majstorovićs | 8. The applicants complained of non-enforcement to the Human Rights Chamber or to the Constitutional Court of Bosnia and Herzegovina. On 9 November 2005 the Human Rights Commission (the legal successor of the Human Rights Chamber) found a breach of Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention in the cases of Mr Simović, the Malkićs, the Todorovićs and the |
Rasul Tsakoyev | 25. The Government submitted that between May and June 2005 the Kabardino-Balkaria police had obtained information indicating that Rasul Tsakoyev had actively aided members of the illegal armed group Yarmuk and those leaders had given him and Mr M.A. a large amount for money for the preparation of terrorist attacks in Kabardino-Balkaria. After the failure of the attacks, members of Yarmuk group had been displeased with |
Alaudin Sadykov | 35. In September 2009 the Government submitted 893 pages of criminal investigation file no. 12136. Between 2002 and 2007 the file concerned investigations into three episodes: the disappearance of Magomed Dzhabayev on 10 March 2000; the disappearances of the applicants’ three relatives on 17 April 2000; and the torture of |
Yuriy Borisovich” | 79. Sometime later the applicants received information from unidentified sources that Mr Ruslan Edilsultanov had allegedly been detained in a remand prison in Vladikavkaz. During one of the applicants’ visits to that prison, a senior officer, who introduced himself as “ |
Ali Dzhaniyev | 46. In May 2010 the applicant’s lawyer collected a written statement from Magomed M., who stated that on 3 May 2010 he had been detained for several hours in St Petersburg for questioning by a police officer who had told him that he and |
Ali Gastamirov's | 82. On the same day the investigator Mr F.A. visited the applicant's house. He questioned the seventh applicant, Mr A.-Kh.G. and Ms M.G., who told him that the traces of the vehicles which the abductors had used on the previous day were still visible. Mr F.A. took some photographs in the applicant's dwellings but did not examine the traces. The applicant and her relatives also told the investigator that some neighbours had been eyewitnesses to |
Sergei Antonov | 5. The applicants, Ms Natalya Borisovna Trapeznikova, Ms Yuliya Sergeyevna Trapeznikova and Ms Anastasiya Sergeyevna Antonova, are Russian nationals who were born in 1969, 1985 and 2004 respectively and live in Novosibirsk. The applicants are members of the family of Mr |
Yaroslav Belousov | 6. The background facts relating to the planning, conduct and dispersal of the public event at Bolotnaya Square are set out in more detail in Frumkin v. Russia (no. 74568/12, §§ 7-65, 5 January 2016) and |
Babar Ahmad | 35. At the Conseil d’Etat hearing on 19 September 2013 the applicant relied on the Court’s judgment in Vinter and Others v. United Kingdom [GC] (nos. 66069/09, 130/10 and 3896/10, 9 July 2013). He deduced from this judgment that the Court had now adopted a position requiring preventive review of whether a life prison sentence was reducible or not before the prisoner began his sentence, and therefore that the distinction drawn in the |
Mazniashvili | 26. On 1 November 2005 the applicant received the Batumi City Court's dispatch of 17 October 2005 (see paragraph 23 above). He learnt that the notary public who had certified the contract of sale on 8 April 1994 had requested, on 10 October 2004, the quashing of the binding decision of 18 November 2004 under Article 422 § 1 (b) of the CCP. The notary complained that she should have been involved in the civil case as a respondent, in so far as, pursuant to the Notaries Public Act of 3 May 1996, she had been personally responsible for the validity of the contract in question. As to compliance with the statutory time-limit of one month, the notary claimed that she had first learnt of the existence of the decision of 18 November 2004 from a local newspaper, Batumelebi, on 28 September 2005. The relevant article, published on the latter date, had described the details of the confiscation proceedings and the civil case, noting the existence of the conflicting interests of the applicant and of the Ajarian prosecutor over the |