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Ayndi Dzhabayev | 31. The Government in their observations did not challenge the facts as presented by the applicants. In their earlier observations they stated that it had been established that on 8 September 2002 at about 12.30 p.m. unidentified armed men wearing camouflage uniforms had entered the applicants’ house, destroyed some property and taken |
Vladimir Voronin | 15. On 31 January 2003 the Jurnal de Chişinău published an article entitled “Vadim Mişin intimidating prosecutors”. The article stated, inter alia:
“At the end of last week, during a meeting at the Centre for Combating Economic Crime and Corruption, the President called on law-enforcement institutions to cooperate in the fight against organised crime and corruption and asked them to ignore telephone calls from senior public officials concerning cases that were pending before them.
The President’s initiative is not accidental. The phenomenon has become very widespread, especially during the last few years, and has been the subject of debate in the mass media and in international organisations.
Recently the press reported on the case of the Communist Parliamentarian A.J., who had attempted to influence a criminal investigation in respect of an old friend and high-ranking official at the Ministry of Agriculture who had been caught red-handed. However, no legal action was taken. ...
Also, the press reported that Mr Mişin had requested the Prosecutor General to sack two prosecutors, I.V. and P.B., involved in the investigation into the disappearance of the Chief of the Information Technology Department, P.D., apparently after they had found evidence implicating officials of the Ministry of the Interior in wrongdoing.
The results of the internal investigation into the activities of these two prosecutors are not yet known. However, sources at the Prosecutor’s Office have told this newspaper that even though I.V. and P.B. have not been found guilty, they have been asked to leave at the insistence of someone in authority.
Now, while the declarations of the President concerning trading in influence are still fresh on peoples’ minds, we reveal a new investigation concerning high-ranking officials.
The Deputy Speaker of Parliament is attempting to protect four police officers who are under criminal investigation. Mr Mişin’s affinity with policemen is not new, since his background is in the police force. Our sources stated that this is not the only case in which Mr Mişin has intervened on behalf of policemen in trouble with the law.
...
The Ciocana Prosecutor’s Office initiated criminal proceedings against four police officers ... after they had used force during the unlawful arrest of a group of people.
... [The] police officers assaulted the detainees by punching and kicking them ... Furthermore, it was found that one of the officers had made false statements in the police report on the arrest ... The four police officers were also being investigated for forcibly extracting confessions ...
The investigation lasted for more than a year. When it was almost over ... the police officers started to seek protection from those in authority.
...
On 20 June 2002 the police officers wrote letters to President |
Kemal Borak | 10. On 21 July 1997 the applicant was brought before the public prosecutor at the Izmir State Security Court. Before the public prosecutor the applicant gave information as to his relations with various people but denied that he had been involved in an illegal organisation and that he had taken part in military training in Greece. He claimed that he did not know anything about the code found during the search. He acknowledged that he knew Mr A.T and Mr U.M who had identified him in the police station. He submitted further that he knew Mr A.E.K., Mr M.K, and Mr G.C. because they were in the same prison as his sister. He admitted that Mr A.T and Mr U.M knew him as |
Şevket Kazan | 10. The first applicant, Refah Partisi (the Welfare Party – “Refah”), was a political party founded on 19 July 1983. It was represented by its chairman, Mr Necmettin Erbakan, who is also the second applicant. He was born in 1926 and lives in Ankara. An engineer by training, he is a politician. At the material time he was a member of Parliament and Refah’s chairman.
The third applicant, Mr |
Ayubkhan Magomadov | 20. On two occasions the NGO Memorial, acting on the first applicant's behalf, contacted the Prosecutor General with requests for information. Its letter of 5 March 2001 referred to the contradictory information obtained by his relatives from law-enforcement bodies. It indicated that there had been no entries in the register of detainees of the Oktyabrskiy VOVD referring to a Mr Magomadov. They also attached a copy of a statement by the head of the Kurchaloy village administration to the effect that on 2 October 2000 there had been a “special operation” in the village, as a result of which |
Aslan Dudayev | 27. On 18 July 2002 the investigators questioned the applicant’s daughter-in-law Ms Amnat Yakhyayeva, whose statement concerning the events was similar to that of her brother-in-law, Mr Alikhan Dudayev. In addition, she stated that her husband, Mr |
Risto Popovski | 6. On 2 December 2002 an article was published in the daily newspaper Utrinski Vesnik entitled “The uncle was stealing, Jovan was standing guard” (Вујкото крадел, Јован чувал стража). A reference to the article appeared on the front page of the newspaper. The text of the article read, in so far as relevant, as follows:
“ |
Veys Toprak’s | 35. This report aims at indicating the property owned by the applicant. Following an investigation carried out by the authorities it appeared that the applicant did not own any land according to the records of the land registry office and the municipal registry office. The applicant does not have any registered trees either. In his declaration of 12 May 1986 to the municipality the applicant claimed that he owned a house measuring 80 metres square, whereas in his declaration dated 2 May 1998 he noted that he owned a house measuring 140 square metres which had been built in 1980. According to the official records, he did not have any commercial activity given that he did not pay any tax before 1994. Between 1994 and 2002 he lived in one of the natural disaster houses provided to him by the Government. In 2002 he moved into a new house which was built by the Government within the framework of the “Return to Village and Rehabilitation Project”. The local authorities gave the applicant 10 sheep and 323,000,000 Turkish liras’ aid. He also benefited from the food support by the authorities.
(b) |
Michael Tekin | 19. Reinforcements were called in, and several more officers arrived on the spot. A total of about ten officers were now present. Some of them helped with keeping Michael Tekin under control while others remained passive. |
Visita Shokkarov | 54. On 30 April 2003 the Nadterechniy prosecutor’s office dismissed the first applicant’s complaint about the abduction of Visita Shokkarov, stating that Visita Shokkarov had been lawfully arrested in connection with criminal case no. 65034 (it appears that the investigators confused |
Bayram Duran’s | 12. On 21 February 1995 the first applicant, Ali Duran, filed an objection with the Beyoğlu Assize Court against the decision of 29 December 1994. He maintained that the content of the autopsy report was inadequate as, inter alia, it did not specify how the haemorrhage in |
Haşim Özgür Ersoy | 6. According to the incident report drafted by police officers at 12.15 p.m., the events unfolded as follows. At around 11.20 a.m., while the Chancellor Mr Alemdaroğlu was speaking, some students, from the upper stage of the hall, started shouting out “Freedom to University, an end to investigations” and “Oppression will not intimidate us, decree belongs to the State and the University to us”, and raised banners and placards with similar messages. They also held up enlarged photocopies of disciplinary sanctions given to various students, including one of the applicants, Mr |
Haapalainen | 21. Turning to the article of 27 February 1996, the District Court noted that it had contained a reference to the first one and had asked how it was possible that a relatively young woman in good physical condition could die as a result of a routine surgery. The article had then cited statements from the pre-trial record which had discussed the surgeon's alcohol problem and the attitude of hospitals to that problem generally. Moreover, although the National Medico-Legal Board[1] had been of the opinion that no one could be considered guilty of Mrs |
Yusi Daydayev | 52. On 13 May 2003 the investigators again questioned the first applicant, who stated that after the abduction he had complained to various law enforcement agencies, but to no avail. He and his relatives had been searching for the abducted men and meeting other people whose relatives had also been abducted. One of these men had informed him that his sons and |
Charlotte Washington | 7. The first applicant, Ms Sophie Maumousseau, is a French national who was born in 1967 and lives in Les Adrets de l'Estérel. She lodged the application in her own name and on behalf of her daughter, |
Gretel Janssen | 22. On 12 February 1991 the court summoned the Rhineland Communal Accident Insurance Association (Rheinischer Gemeindeunfallversicherungs- verband) as a third party. It further requested Prof. W. to submit an expert opinion on the causes of Mrs |
Carlo Giuliani | 85. One of the photographs showed M.P. kicking a fire extinguisher away; this was very probably the metal object which had caused severe bruising to his leg. Successive photographs showed a hand holding a weapon above the jeep's spare wheel while a young man ( |
Mary Pellicano | 10. The first publicly available – though not publicly disseminated – information concerning the fatal consequences of asbestos at MDC appears to be the judicial acts and judgment relating to a lawsuit brought in the names of |
Hürriyet Doğan | 21. On 8 October 1996 Feyzi Doğan, the father of Hürriyet Doğan, and the applicant gave statements to the sergeant. The applicant's statement was as follows:
“On 7 October 1996, at around 3 a.m., I heard guns being fired from the direction of Cüm Hill, which is located to the south of our village. Everybody was sleeping. I went out of the house. It was silent in the village. At around 4 a.m. I heard [people] screaming in the village. These sounds were coming from a distance. Then I heard firing coming from the village. My wife came outside to look for me. There was random gun fire. My wife was wounded in the abdomen. I took her into the house but I wasn't able to do anything as the shooting continued. I waited at home until 5 a.m. When the shooting was over I called my relatives and we set off for Lice in order to take my wife to the hospital. She died when we reached Cüm Hill. After a short while another group of people who was transporting |
Maurice Papon | 11. By a judgment of 25 November 1997, the Paris Criminal Court (Seventeenth Division) found the second and third applicants guilty as principal and accessory respectively of the offence of public defamation of a civil servant. It fined them 20,000 French francs (FRF) each and ordered them jointly to pay FRF 50,000 in damages. It also found the applicant company civilly liable and ordered by way of civil remedy that an announcement informing the public of the content of its judgment be broadcast on France Info every thirty minutes during a twenty-four hour period in the month following the date on which the judgment became final.
With regard to the defamatory nature of the disputed allegations, the judgment reads as follows:
“Mr Junot is alleged ... to have personally played an active role in the deportation of Jews in his capacity as Deputy Prefect of Pithiviers. This allegation, which undoubtedly damages the honour of the civil party, is moreover aggravated by the connection made between the case of Mr Papon – who has been committed for trial before the Gironde Assize Court to answer charges that he participated in crimes against humanity – and that of Mr Junot, with the suggestion that the latter was seeking to evade responsibility for the crimes committed during that period, over which he believes that 'the discreet veil of history should be drawn'.
The fact that it was specified that, 'unlike |
Paweł Lewandowski | 7. In connection with that event, at about 10.45 p.m. on the same day, Paweł Lewandowski was arrested by two police officers, M.K. and A.J. The police officers established the identity of the applicants' son and ordered him to get into the police car. The applicants' son kept asking about the reasons for his arrest. He rang his sister from his mobile phone to inform her about the situation. One of the police officers asked |
Kalashnikov | 36. The parties appealed against the judgment. The applicant challenged the amount of the court award as insufficient and insisted on a larger sum. It appears that the respondent submitted, among other things, that the applicant had failed to substantiate his allegations concerning the allegedly appalling conditions of his detention. In his objections to the respondent's appeal the applicant stressed that his submissions represented well-known facts and needed no proof, because they had been acknowledged by the Russian Government in the |
Suren Muradyan | 28. On 17 August 2002 the investigator took a statement from officer K.Z. in his capacity as a witness. Officer K.Z. confirmed that he had summoned Suren Muradyan and serviceman K.E. to his office for a talk in connection with the lost watches. During their talk |
Dražen Štivić | 6. The applicant company’s representative was present at an examination hearing (ispitno ročište) held on 15 September 1999 where the bankruptcy administrator assigned to the case (stečajni upravitelj) was to accept or reject each of the claims. No objections were raised as to the accepted claims. The relevant parts of the transcript of the hearing read as follows:
“It is established that the following creditors’ representatives are present at today’s hearing:
... attorney |
Ramzan Rasayev | 40. According to the Government, in the course of the investigation requests were sent to various State agencies and remand prisons of Chernokozovo and Stavropol with a view to establishing the whereabouts of |
Adlan Dovtayev | 83. The report then summarises witness statements made by officers of the FSB, according to which the FSB had not carried out any operations related to the investigation into the attack on the House of the Government of the Chechen Republic and had not detained |
Khamid Mukayev | 30. Subsequently, the local police officer frequently questioned the first applicant about her husband, from which she inferred that the authorities had abducted Khamid Mukayev, because they were still looking for her husband, despite the fact that the latter had been amnestied meanwhile.
(b) Investigation of the abduction of |
Nikolaychuk | 13. On 27 August 2003 the Ministry of Finance returned the documents along with the writ of execution to Mr Nikolaychuk on the ground that his lawyer had not submitted all the necessary supporting documents. According to the applicants all the necessary documents were submitted. In October 2003 the applicants' lawyer re-submitted the documents of Mr |
Asradiy Estamirov’s | 13. In support of her statement the applicant enclosed the following documents: a statement by Mr R.V. dated 18 November 2004; a statement by Mr T.E. dated 18 November 2004; a copy of two medical statements, undated and dated 16 May 2001, respectively; and a copy of |
Tofiq Yaqublu | 56. One resident of a nearby village, R.B., who had been in the town on 24 January 2013, stated, briefly, that there had been disorder in the centre of the town between about 4 p.m. and 5 p.m. and that he had seen the applicant and |
Shchiborshch | 17. On 3 August 2006 the Simonovskiy Inter-District Prosecutor’s Office instituted a criminal investigation under Article 108 § 2 (murder committed in excess of necessary self-defence or in excess of measures required to arrest a person who has committed an offence) and Article 286 § 3 (abuse of official powers) of the Criminal Code. The decision stated that, by storming the flat and using rubber truncheons, which led to Mr |
Stuart-Smith | 18. The applicant appealed and the Court of Appeal examined the case on 12 March 1996. The court held that the applicant had not established on the balance of probabilities that the State of Kuwait was responsible for the threats made in the United Kingdom. The important question was, therefore, whether State immunity applied in respect of the alleged events in Kuwait. Lord Justice |
Sakhrab Abakargadzhiyev | 42. On 1 November 2013 the investigators questioned Shakir N., an officer with the Dagestan CPE, who stated that he did not have information pertaining to the abduction, but that he had participated in the search of the applicants’ house in June 2013 (see paragraph 8 above). The witness also confirmed that in June 2013, about two days after the search, he had spoken with Mr Ub.Ub. who had visited the CPE with his son Mr A.Ub., who had been suspected of involvement in illegal armed groups. Mr Ub.Ub. had requested his assistance in the criminal case against his son Mr A.Ub. but the witness had refused to help him. Due to the passage of time the witness could not recall where he had been on the evening of 20 May 2013 but stated that he had not met Mr |
Sirazhudin Aliyev | 34. On 1 October 2012 the investigation was resumed again after criticism from the deputy head of the Dagestan Investigations Department, who stated, inter alia, the following:
“... in violation of part 5 of Article 208 of the Criminal Procedure Code the investigation failed to take all the investigative steps possible to establish the [identity of the perpetrators]; therefore, the decision to suspend the proceedings should be overruled as unlawful.
It is necessary that the investigation take the following steps: 1. Question |
Y. Kravtsov | 24. By a decision of 1 March 2005 the Kyiv Migration Service accepted, for examination on the merits, the applicant’s request to be granted refugee status, having noted that the request had contained fully-reasoned grounds. The Service also noted that the decisions submitted by the Belarusian authorities in connection with the use of preventive measures against the applicant and the charge against him gave rise to doubts, on account of their vague and unsupported nature and the failure to recognise the principle of the presumption of innocence. In addition, the Belarus authorities had not supplied information regarding the expiry of the statute of limitations, given that the offences with which the applicant was charged dated back to 1995. Referring to the observations of the Belarus Helsinki Committee, the Service noted that the applicant’s friends, |
Abdurakhman Abdurakhmanov | 9. Meanwhile, on 25 June 2010 the second applicant and her husband Mr Abdurakhman Abdurakhmanov were visiting their relative Ms F.Sh. in Kaspiysk. At about 9 p.m. on that date, a group of five to seven men, some of whom were in black masks, arrived at the house of Ms F.Sh. in a black VAZ-2107 (‘Приора’) car with the registration number containing the numbers 256 or 259 and the letters PH. One of them told the second applicant that they were from the police. The men abducted Mr |
Islam Utsayev | 44. On 17 September 2002 the first applicant again wrote to the military prosecutor of military unit no. 20116 and the heads of administration of Novye Atagi and the Shali district, with requests for information about |
Naomi Campbell's | 8. The story continued inside the newspaper with a longer article across two pages. This article was headed “Naomi's finally trying to beat the demons that have been haunting her” and the opening paragraphs read:
“She's just another face in the crowd, but the gleaming smile is unmistakeably |
the Minister for Business Affairs | 39. As regards the specific conduct imputed to the applicant, the court stated, inter alia, the following:
“According to that which has been related above, it is considered proved beyond doubt in the case that the great danger facing the Icelandic banks and thus the welfare of the State was not discussed at cabinet meetings in the period from February 2008 until the end of September the same year. As stated above, it must also be considered a fact in the resolution of the case that various issues that were up for discussion in the consultative group on financial stability and contingency planning, and which there was due reason to discuss in the cabinet, were not dealt with at those meetings. That was all the more urgent as the defendant did not convey important information which he possessed about the affairs of the banks to |
Vasili Mkalavishvili | 75. In its 2002 Annual Report, Human Rights Watch stated:
“ The Georgian authorities allowed organized groups of civilian militants to conduct a sustained campaign of violent assaults and intimidation against members of several non-Orthodox religious faiths, chiefly Jehovah’s Witnesses, Pentacostalists, and Baptists. The assailants broke up religious services, beat congregants, ransacked or looted homes and property, and destroyed religious literature. |
Vlase Nicolae | 45. On 26 February 1990 the same doctor C. from the military hospital submitted a “report” to the head of the Braşov county police, following a request from captain [P.]. In this report, he stated that “on 23 December 1989, between 3 a.m. and 5 a.m., the body of |
Buhay Baytekin | 5. At the time of the events the first applicant Mr Mustafa Erdoğan was a professor of constitutional law at the University of Hacettepe in Ankara. The second applicant Mr Haluk Kürşad Kopuzlu was the editor of the quarterly publication Liberal Thinking and the third applicant Liberte A. Ş. was a joint-stock company and the publisher of Liberal Thinking (hereinafter: “the publishing company”). Mr |
Van Duijvenvoorde | 227. Detective Chief Superintendent Van Duijvenvoorde had returned to the scene of the incident with Ms Rijssel and Ms Lieveld and with Mr Chitanie and his wife after taking their respective statements. They had shown him where they had been standing and Detective Chief Superintendent |
Nokha Uspanov | 65. Despite specific requests made by the Court on several occasions, the Government did not submit copies of the investigation files concerning the deaths of Mr Vakhazhi Albekov and Mr Khasayn Minkailov and the injuries sustained by Mr |
Ibragim Dzhabrailov | 104. The applicants are:
(1) Ms Kisa Dzhabrailova, who was born in 1951,
(2) Mr Adlan Dzhabrailov, who was born in 1987, and
(3) Mr Suleyman Dzhabrailov, who was born in 1974.
The applicants live in Achkhoy-Martan, Chechnya. The first applicant is the mother of Mr |
Ramazan Ayçiçek | 31. One month later the applicant heard that a person called Ramazan Ayçiçek, who had previously been held in custody in Lice Boarding School, had been transferred to Lice Prison. The applicant went to see him there and |
I. Kalmerborn | 7. The applicant, Tinna Romlin, is a Swedish national, who was born in 1965 and lives in Sollentuna. She is represented before the Court by Mr Ulf Jacobson, a juris candidate, practising in Stockholm. The Government is represented by Mrs |
Delimkhanov | 45. It appears from the exchange of letters between the Investigating Committee and the Ministry of the Interior that the investigation on several occasions tried to secure further participation of Mr |
Khalid Khatsiyev | 25. According to the Government, the pilots reported this to the command centre and having received the respective order fired warning shots at a spot situated fifty metres away from the car and the people. The men immediately got into the car and started driving away, instead of staying where they were and waiting for the arrival of ground troops for an identity check. The pilots again reported to their superiors, received the respective order and fired warning shots for the second time, but the car continued moving. In order to prevent the Niva car with unidentified armed men inside from driving further without authorisation in the close vicinity of the zone of the rescue operation, the pilots, pursuant to their superiors’ order, fired at the car with the result that |
Adam Khurayev's | 65. With a view to examining the possibility that representatives of the State had been involved in the applicant's son's abduction, on unspecified dates the investigating authorities made enquires with various State bodies, including the commander of military unit no. 6779, the military commander of the Urus-Martanovskiy District, the ROVD, unspecified remand prisons, detention centres and hospitals in the region as to |
Yakup Aktaş | 140. The interveners, including the applicant, did not attend this hearing. The court examined five master sergeants, Yusuf Karakoç, Mustafa Ten, Süleyman Altuner, Murat Gömek and Ramazan Baygeldi. They all stated that a military doctor carried out examinations every day in the detention area of the interrogation centre. Some of them added that the interrogation centre conformed to the requisite standards and that the rooms where interrogations were conducted were not equipped with sound insulation. Therefore, if |
Sashik Safyan | 5. Ms Emma Tunyan (hereafter, the first applicant) owned a flat which measured 89.25 sq. m. and was situated at 9 Byuzand Street, Yerevan. The flat was in a house situated on a plot of land measuring 240 sq. m. leased by the first applicant. The applicants alleged that Mr |
Hugo Petersen’s | 18. In a report of 5 November 1996, the trustee stated that full coverage for the Partnership creditors was expected in connection with the closing of the partners’ estates. He was therefore endeavouring to obtain a compulsory composition so that the bankruptcy proceedings could be finalised pursuant to section 144 of the Bankruptcy Act. The accounts of the applicant’s bankruptcy estate could not be prepared, however, until formal accounts were available in the estates of the co-partners |
Ayndi Dzhabayev | 9. The first applicant is the wife of Ayndi Aliyevich Dzhabayev, born in 1967. The second, third and fourth applicants are their children. The first applicant is a librarian by profession, but is currently unemployed. The sole breadwinner of the family was her husband |
Grechishkin | 260. The court also admitted Mr Pleshkov’s testimony about the Apatit investment programme. In the court’s view, the evidence by Mr Pleshkov did not contradict the court’s earlier findings. Finally, the court admitted testimony by Mr |
Auni Al-Nashif | 9. The first applicant, Mr Daruish Auni Al-Nashif, a stateless person of Palestinian origin, was born in 1967 in Kuwait. He resided in Bulgaria between September 1992 and July 1999, when he was deported. He now lives in Syria.
The second and third applicants, Abrar and |
Tarık Ziya Ekinci | 99. The Report contains one page on which information on Yusuf Ekinci's personal background and activities is set out. This pages states:
“Yusuf Ekinci
Son of Kamil, and born in Lice-Diyarbakır in 1942.
In June 1963 he was a second year student at the Ankara University, Faculty of Law. He was known as a pro-Kurdish socialist. In December 1963 he was a member of the “youth branch” of the TIP (Türkiye İşçi Partisi - Turkish Workers Party) which was established in Ankara. He was further the editor of the “Emekçi” newspaper, the official bulletin of that party.
After his graduation in April 1969, he went to Diyarbakır in order to finish his traineeship. In Diyarbakır he participated in an organised demonstration against the Law on the Protection of the Constitution.
He was detained on remand in 1970 <or> 1971 and subsequently prosecuted on charges of involvement in pro-Kurdish activities in the Eastern Revolutionary Cultural Grouping (Doğu Devrimci Kültür Ocakları).
As from 1972 he worked as a lawyer in Diyarbakır, where he tried to direct the Kurdish movement.
In April 1971, during the 4th TIP General Assembly, he declared that he opposed the ideas of his brother |
Artur Bersunkayev | 52. The Government further submitted that the investigating authorities had granted the status of victim to the applicant, but failed to specify the date. According to them, the applicant had been questioned on 30 June and 18 October 2001 and then at some point in late 2005. During her interview, the applicant had stated that, following her son’s apprehension, she had found out from the head of the local administration that he was being held in the Urus-Martan Division of the FSB and would be released three days later. She had also talked to Mr G., the military commander of the Urus-Martan District, who had said that her son had been taken away by officers of the FSB. Mr G. had also stated that “they had been hunting |
Salambek Alapayev's | 50. Between 31 January and 11 February 2007 the district prosecutor's office interviewed as witnesses other residents of Sernovodsk. According to copies of their interview records, on 27 December 2004 the witnesses had learnt from their fellow villagers and |
İsmet Kavaklıoğlu | 90. On 30 September 1999 E.D. had sent the Prison Director a second statement which he had written the day before, submitting that the first statement might have been incomplete because it had been written while he was still “in shock”. His second submissions had diverged somewhat, particularly as regards the afore-mentioned hunting rifle. Having pointed out that during the operation some of his fellow prisoners had wanted to surrender, E.D. continued as follows:
“but the bosses shot at them to stop them surrendering. There were several firearms and knives in the dormitory; there was even a hunting rifle. Apart from that there was some bomb-making equipment. I know that Habib Gül, the former leader of the Ekim organisation ... had a very much frowned-upon romantic relationship with the prisoner Fatime [Akalın] and that there were conflicts between the members of different organisations. Habib didn’t want to compromise and had been excluded from his own community ... At 11.30 p.m. on the evening before the operation they brought Habib to our dormitory, no. 4. C.Ç., |
Vakhid Musikhanov | 45. In June 2005, when the application was communicated to them, the Government were invited to produce a copy of the investigation file in criminal case no. 61149 that had been opened into the abduction of |
Bettencourt | 48. As regards the article of 10 December 2009, the court noted that it had been published the day before B.’s appearance in the criminal court and that it clearly suggested that he was guilty, as he was portrayed as an individual against whom there was “a series of sufficiently strong presumptions [that he had committed] the offence of undue influence”. It took the view that the court below had wrongly regarded the aim of informing the public as prevailing over the means used, namely illegal methods whereby extracts had been selected from statements collected in an investigation in order to show that B. had committed the offence of undue influence, whereas there had been no judicial decision to that effect. It could be understood by the reader that B. was not telling the truth about Mrs |
Rushvetchiyski | 9. Warned by the journalist interviewing him that his words were strong, the applicant nevertheless continued:
“I am saying things which will not surprise my colleagues. It is a public secret that one of the prosecutors I mentioned is known among barristers and “clients” of the prosecution not so much with his own name, but with another one.”
The applicant then explained that the prosecutor at issue was known as “Prosecutor |
Papamichalopoulos | 25. The court further observed:
“Obviously, there was also another legal problem in the case. The conduct of the city in the present case had caused a situation in which the owner could not use his land freely, as provided for in Article 140 of the Civil Code. At the same time, the property serves one of the purposes [road construction] which normally should be ensured by the local municipality; what is more, it is the owner who bears the costs of achieving of this purpose.
It can be argued that a situation worse even than a so-called de facto expropriation obtains in the present case. This is so because under Article 1 of Protocol No. 1 to the Convention the term “expropriation” covers not only formal expropriation or restriction of ownership carried out in proper expropriation proceedings. The case‑law of the Strasbourg Court also distinguishes a category of de facto expropriation, namely such acts by the public authorities which lead to a practical deprivation of possessions or to restrictions on their use ( |
Mehmet Desde | 16. At the hearing held on 24 July 2003, the applicant made his defence submissions in relation to the merits of the case and denied the allegations against him. He further stated that his only mistake had been not registering |
Tiborné Daróczy | 9. The mistake was not revealed in 1954 when identity cards were introduced in Hungary. The applicant’s renewed identity card issued in 1974 also contained the name Tiborné Daróczy. The applicant used this name in all official and private business. In particular, her social security card and tax identification certificate were issued in the name |
Saddam Hussein’s | 35. The applicant, in a comment on the Iraq Office’s information, maintained that there was a real risk that he would be subjected to extrajudicial execution if returned to Iraq due to his previous connections to |
Shai Shuruk | 41. In a judgment of 22 May 2007, the Guardianship Division of the Vaud Cantonal Court dismissed the father’s appeal. Having carried out an additional investigation, and taking into account the expert’s report by Dr B. of 16 April 2007, it took the view that the child’s return carried a grave risk of psychological harm, whether or not he was accompanied by his mother, and would also place him in an intolerable situation. It therefore considered that the conditions of Article 13, sub-paragraph (b), of the Hague Convention were met. Finding, however, that the child could not be deprived of all relations with his father, it prescribed measures with a view to rebuilding the personal relationship between them. Its judgment read as follows:
“4. (d) ... In response to the questions put to him, expert B. ... states in his conclusions that Noam’s return to Israel with his mother would expose him to psychological harm, the intensity of which cannot be assessed without knowledge of the conditions of such return, in particular those awaiting his mother and the repercussions which they might have on the child; as regards the child’s return to Israel without his mother, [the expert] is of the opinion that it would expose him to major psychological harm, as described in detail in the report. In the ‘discussion’ part of his report the expert emphasises that Noam’s situation seems at present to be completely blocked. On the one hand, given his young age and his complete lack of recollection of his first years in Israel, including of his father, any visit to that country without his mother, even a brief visit, and even if the legal situation allowed it, would be psychologically highly traumatic, involving extreme separation-related anxiety and a major risk of severe depression. On the other hand, the possibility of the mother’s return to Israel with Noam, even for a short period, is totally out of the question for the mother. In answer to the question whether Noam’s return to Israel might place the child in an intolerable situation, the expert replied that it was ‘clearly’ the conditions of the child’s possible return to Israel that would or would not render the situation intolerable. He observed that, likewise, it was the conditions of his continuing residence in Switzerland that would or would not render his situation there intolerable and that the maintaining of the status quo represented a long-term major psychological risk for the child, with the result that, if there were no understanding between his parents, an agreement would urgently be required between the child protection services of the States of the parents’ residence in order to make up for their failure to act.
In accordance with Article 13, third paragraph, of the Hague Convention, this court also requested the Israeli Central Authority to provide information about the child’s social background, by answering the following questions: ‘in the event that, as she has stated, the mother does not return to Israel, who will take care of the child and where will he stay? As the father does not appear to be in gainful employment, who will provide for the child’s upkeep? As the right of access has been restricted by judicial decisions, what measures will be taken to ensure that the exercise of the right of access does not harm the child’s physical and psychological welfare?’ In its letter of 12 March 2007 the Israeli Central Authority did not really answer the questions put to it, so it is impossible to be satisfied about the interests of the child. The Central Authority merely mentioned the appellant’s intentions concerning his son if his son should return to Israel without his mother, in the following terms: ‘[I]n the event that Noam’s mother refuses to return to Israel, the father will take care of the child. He currently lives in an apartment with a roommate; however if the child is returned to Israel, he states that he will immediately secure an apartment to live in with the child. He is currently working and studying at an institution for religious learning, from 9 a.m. to 3 p.m. The child would be in day care/nursery school during those hours. Mr Shuruk points out that prior to the child’s abduction to Switzerland, he was in day care as the mother worked. Mr Shuruk advises that his extended family would provide a back-up system for him in the event that he needs assistance from time to time.’ As to the issue of how |
Gilani Aliyev | 187. At 3.15 a.m. on 11 August 2003 between two and five APCs, three UAZ cars and several Ural lorries arrived at the house. A group of fifteen to twenty men in camouflage uniforms armed with machine guns broke into the house. Those who were unmasked had Slavic features and spoke unaccented Russian. The servicemen took |
Ali Musayev | 15. Following their detention, Ali and Umar Musayev were brought to a temporary operational headquarters of the military commander's office situated near Gekhi. According to the first applicant, who referred to unnamed witness statements, |
Aslan Ireziyev | 8. At about 4 a.m. on 7 May 2002 (in the documents submitted the date was also referred to as 7 May 2003) masked men in camouflage uniforms with machineguns and rubber truncheons arrived in two APCs and a UAZ car in the village. They split in two groups of up to ten persons and broke into the two houses. The men spoke unaccented Russian. They took Mr |
Şevki Artar | 153. This report states that following information received by telephone at 8.30 p.m. on 25 November 1990 to the effect that an individual had died whilst being taken to Mardin State Hospital after being taken suddenly ill at the investigation and interrogation unit at the Mardin provincial gendarmerie headquarters, the chief public prosecutor had, in view of the seriousness of the incident, instructed Public Prosecutors |
Magomed Uvaysovich Dzhabayev | 8. At the same time the applicant enclosed a copy of her application to the Chairman of the National Public Commission for Investigation of Offences and Protection of Human Rights in the North Caucasus of 25 August 2000 where she provided a detailed account of the circumstances of her husband’s alleged detention and contended that he had been apprehended while queuing at a centre of distribution of foodstuffs. The application read as follows:
“I ... ask you for help in searching for my husband, the father of my children, |
Emin Yıldırım | 12. On 3 February 1996 Emin Yıldırım was admitted to Diyarbakır General Hospital in a coma. A computed tomography brain scan revealed a severe haemorrhage in the left frontoparietal region.
An explanatory note attached to the back of the scan image referred to the haemorrhage as “chronic”, in other words resulting from bleeding over a prolonged period.
A life-threatening clinical presentation emerged from subsequent examinations. Two days later, |
Seppo Ahtinen | 11. The applicant had been consulted in advance in writing about the proposed transfer. On 28 August 1998 the applicant’s counsel had informed the Cathedral Chapter as follows (translation from Finnish):
“As the representative of the parish priest |
Yusuf Ekinci's | 90. In 1998 the applicant allegedly succeeded in contacting an eye‑witness, namely a person who had been working at a petrol station situated on the road between Yusuf Ekinci's office and his home. According to this witness, whose identity was not disclosed by the applicant, he had seen that a red Toyota – |
Maumousseau | 23. The first applicant appealed, repeating his previous arguments. He further complained that the District Court had not conducted an in-depth examination of the case. In particular, the District Court had not taken into account the opinion of 18 February 2014 of the St Petersburg childcare authority. It had not even cited the opinion, let alone explained why it disagreed with it. The only reason advanced by the District Court for its decision to grant the residence order to the child’s mother had been the child’s age. The child’s age was only one of the criteria mentioned in Article 65 of the Family Code (see paragraph 58 below) that the domestic courts were to take into account when deciding on a child’s residence arrangements. The District Court had not taken into account the other criteria mentioned in Article 65. Nor had it ordered a psychological expert examination to establish the child’s relationship with each parent and his best interests. Moreover, given that the second applicant had been more than one and a half years old at the time of the District Court’s decision, there had been no justification for automatically preferring residence with his mother over residence with his father. Such automatic preference of the mother over the father in a case where the father could provide better living and development conditions for the child had amounted to discrimination on grounds of sex. The first applicant also disputed some of the facts established by the District Court. In particular, the second applicant’s medical documents indicated that breastfeeding had stopped at the age of one. In any event, the official medical guidance recommended that breastfeeding be stopped at the age of one and a half years old at the latest. Moreover, M. was unemployed rather than on parental leave because she had not been in employment since 2009. In any event, M. had returned to work in December 2014 and since then the second applicant had been taken care of during the day by his maternal grandmother. By contrast, the first applicant had sufficient non-work income and a flexible schedule for his social-volunteer activities and could therefore take care of the child himself. Lastly, the first applicant argued that inherent in the concept of the child’s “best interests” was the right for a child not to be removed from one of his or her parents and retained by the other (he referred to |
Pawandeep Singh | 9. The first applicant, Pavittar Singh, a British citizen born in India in 1955, and the second applicant, Paramjit Kaur, an Indian national born in 1955, are married and living in the United Kingdom. The third applicant, |
Ayndi Dzhabayev | 49. On 19 June 2003 the Chechnya Prosecutor’s Office ordered the district prosecutor’s office to check the first applicant’s submissions that her husband had been detained by the officers of the FSB during a special operation aimed at detention of their neighbour, A. The letter referred to her statements that during the special operation A. had wounded two officers of the FSB and then escaped. The FSB officers had then carried out unlawful searches in the neighbouring houses and detained |
Konstantinidis | 19. In the meantime, one of the members of the bench hearing the case was appointed Minister of Defence, and the Supreme Court decided to reopen the proceedings. The appeal was heard for a second time on 9 July 1999. The verbatim record of the hearing reads as follows:
“Mr Efstathiou: Your Honours, the facts of this case are, in simple terms, as follows:
...
I will deal with grounds 3 and 4 of the appeal and grounds 5 and 3 emanating from them. I will deal with all of them ...
Ms Koursoumba: In the previous court session, grounds 1, 2 and 5 were withdrawn.
Mr Efstathiou: Indeed, as I have said.
...
Judge |
V.I. Makarchykov | 22. According to the applicant association, on 24 December 1999 the Parishioners' Assembly consisted of 27 individuals: Mr B.S., Ms B.I., Mr B.M., Mr G.S., Mr G.V., Mr D.S., Mr Ye.S., Ms Z.N., Mr K.A., Ms K.L., Mr K.V., Ms L.V., Mr |
Rizvan Ibragimov | 10. Three servicemen walked straight to the back room, and two others stayed in the front room. The first applicant was told to stay still on his bed and a machine gun was pointed at him. One serviceman then announced that it was an “identity papers check”. Another serviceman in the back room pointed at |
Kh.‑A. Akhmadov | 27. On 20 November 2004 lieutenant colonel B. filed an official report concerning the circumstances of the wounding of patrolling officer Kh.‑A. Akhmadov. According to the document, the applicant’s son had been shot by a group of about thirty men in camouflage uniforms, who had introduced themselves as police officers from the OMON of the Chechnya MVD who were carrying out a special operation. The OMON officers, who were driving around in ten to fifteen cars of VAZ‑2121 (‘Niva’) and VAZ‑21099 (‘Zhiguli’) models, had taken away the service guns of |
Shamkhan Tumayev | 53. On 1 October 2004 the first applicant was granted victim status in the proceedings relating to case no. 38043. The decision granting her such status stated that at about 2 a.m. on 19 September 2004 about fifteen armed masked men in camouflage uniforms, who had been driving a VAZ-2131, a UAZ-469 and an all-terrain UAZ vehicle, had arrested |
Tofiq Yaqublu | 73. The court also examined information given by the Ismayilli RPD and the MNS, described in the judgment as follows:
“According to letter no. 2/117 of the Ismayilli District Police Department dated 1 April 2013, on 24 January 2013, at places where people were densely gathered in front of the Education Department in Ismayilli, [ |
Borisenko S.V. | 24. On 1 June 2005 the Dokuchayevsk Town Court convicted the applicant as charged and sentenced him to seven years’ imprisonment. The court further decided:
“In accordance with part 3 of Article 42 of the C[riminal] C[ode] of Ukraine in the wording of 1960, the ultimate punishment shall be determined for the multiple offences, by the partial addition of the sentences under the judgment of the Voroshylovsky District Court of Donetsk of 30 December 1999 and under this judgment, as nine years’ imprisonment with confiscation of all personal property.
The period of serving the sentence under this judgment shall include the part of the sentence served under the judgment of the Voroshylovsky District Court of 30 December 1999, which was one year, six months and seventeen days, and the ultimate [remaining] sentence shall be determined as seven years five months and seventeen days’ imprisonment and confiscation of all personal property.
The term of the sentence of the convict |
Bülent Karataş | 19. After a short while the first lieutenant had asked his soldiers to stop firing and they had walked towards the river bed where they had found an injured person whom they later identified as the tenth applicant Rıza Çiçek. They had left behind some of the soldiers to guard the tenth applicant and to provide him with first aid and continued their search. After searching for one and a half to two hours they had found the second person, who was later identified as the first applicants’ relative |
A.R. “Vanagas” | 22. According to a report of 18 October 1956 by the Chairman of the KGB of the Lithuanian SSR to the Chairman of the KGB of the USSR, which was relied on during the criminal proceedings against the applicant, from 1945 |
the Minister of Justice | 28. In an interlocutory decision of 13 January 2010, the CDS noted that the applicant’s situation had not changed and that the reply from the Eupen judicial assistance unit gave no grounds for hoping that he could receive appropriate treatment, in a secure establishment or elsewhere, in the foreseeable future. It considered that it was necessary to attempt one last plea to |
Viktor Trubnikov | 11. According to the records submitted by the Government, on three occasions in 1994-1995 Viktor Trubnikov had been found to be under the influence of alcohol and placed in a punishment cell. During his second disciplinary confinement, |
Geoghegan J | 46. Geoghegan J dissented. He accepted that neither the Department nor its inspectors had any knowledge of the assaults. He noted that, for all practical purposes, most primary education in Ireland took the form of a joint enterprise between Church and State and he considered that that relationship was such that there was a sufficient connection between the State and the creation of the risk as to render the State liable. |
Murad Gelayev | 57. On 14 August 2006 the investigators again questioned Mr V.Ts., who stated that on 27 February 2000 he had been taken from home by military servicemen who had arrived in an APC. The witness and his neighbour Mr Sh.Ts. had been transferred from the vehicle to an Avtozak lorry, in which they had met a number of their fellow villagers, including |
Said-Selim Kanayev | 85. On 25 July 2002 the Prosecutor’s Office of the Grozny District informed the military prosecutor of military unit no. 20102 that the preliminary investigation in criminal case no. 56031 had established, inter alia, that the servicemen who had detained Mr |
Bakish Alla Khan’s | 27. The court also rejected the second applicant’s contention that, because of A.T.’s involvement in drugs operations, he might have become aware of the second applicant’s previous conviction for dealing in heroin, noting:
“49. ... there was nothing to support this surmise. Had the juror known anything about any of the defendants we think that he would clearly have made this fact known to the judge, as he did his knowledge of [M.B.]. Furthermore, |
Hüseyin Koku | 47. On 10 November 1994 a reply was given to the Secretary of State for Human Rights, who had apparently enquired on 2 November 1994 whether Hüseyin Koku had been treated at the Kahramanmaraş State Hospital for injuries sustained as a result of torture. The reply stated that between the dates of “20 November 1994 and 10 November 1994”, |
Inver Ilayev | 26. On 22 July 2004 the prosecutor’s office instituted an investigation into the abduction of the applicants’ relatives under Article 126 § 2 of the Criminal Code (aggravated kidnapping). The case file was given the number 49002 (in the documents submitted the case is also referred to under no. 490002). The text of the decision included the following observations:
“... at about 4 a.m. on 4 July 2004 a group of about ten unidentified armed men in camouflage uniforms and masks arrived at the crime scene in the village of Assinovskaya. The group arrived in a UAZ-462 vehicle and an APC and unlawfully detained |
Zurab Iriskhanov | 53. According to the Government, the investigators also requested information about the disappearance from various State authorities. According to the responses received from various district prosecutors' offices, district departments of the interior, military prosecutors' offices, and detention centres in the Southern Federal Circuit, no information concerning the detention of |
Ali Khadayev | 20. Then the servicemen went to the next building, where the first applicant and Mr Ali Khadayev were sleeping. They tried to open the door to Mr Ali Khadayev’s room, but it was locked. The first applicant asked them to let her son get dressed, which they did. When Mr |
Aslan Maskhadov | 38. On 10 March 2005 the investigator ordered a forensic medical examination of samples of the corpse’s blood, muscle tissue and nail plate and samples taken from Aslan Maskhadov’s two nephews once removed. The expert, Ko., was asked to establish whether the body in question was that of |
Supyan Khutsayev’s | 162. On 19 January 2009 the applicant’s other daughter Ms Madina Kh. was questioned by the investigators. As regards the circumstances preceding her father’s abduction, she stated that in November 2000 her brothers had been arrested in Astrakhan and convicted of kidnapping a businesswoman, Ms M.P. Her father had gone there to find out why his sons had been arrested. He had also been arrested and a week later had been released. After his return to Chechnya, in January 2001 her father had been taken away by armed men who had introduced themselves as officers of the Urus‑Martan ROVD. Her aunt had gone to the ROVD and asked an officer named Sergey about |