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Carlo Giuliani | 139. During the proceedings before the Court the parties submitted a large volume of audiovisual material. The CD-ROMs produced by the Government and the applicants on 28 June and 9 July 2010 respectively were viewed by the judges of the Grand Chamber on 27 September 2010 (see paragraph 9 above). These show several phases in the demonstrations that took place in Genoa on 20 July 2001 and contain images of the moments before and after the shot which killed |
Firat Yavuz Yedekçi | 300. There was an interrogation and detention centre under his command within the city boundary. This unit was headed by Lieutenant Colonel Hasan Bozoğlu, the director of operations. The person in charge of interrogations was a non-commissioned officer (“NCO”), Sergeant |
Yılmaz Özcan | 20. The prosecutor questioned first lieutenant Muhamet Sevinç on 27 September 2000. The first lieutenant told the prosecutor that on their arrival at his house Yılmaz Özcan had been outside the house and had lied, saying he was not |
Lecha Basayev | 81. On an unspecified date the investigators questioned Lecha Basayev's son, Mr Kh.B., who stated that at about 2 a.m. on 6 July 2002 he and his family had been sleeping at home when a group of unidentified armed men in camouflage uniforms had broken into their house. The men had requested his passport. Having checked his passport, the men had asked about the whereabouts of |
Beslan Baysultanov | 13. The servicemen ordered the men to get dressed and to produce their identity papers. The serviceman without a mask took Beslan Baysultanov’s passport and after it was checked by other servicemen ordered him to follow them outside. The servicemen did not check Sh.D.’s passport. They said to the applicants that they would take |
Suliman Yunusov | 352. Several of the Mutsayevs’ neighbours made similar submissions about the events to the effect that on 25 February 2004 a group of armed men in camouflage uniforms had broken into their houses and had beaten up the male family members. The servicemen had questioned them about members of illegal armed groups and about their neighbours. Shortly afterwards, one of the intruders had informed the others that they had found the man they had been looking for and, therefore, they could leave. Afterwards, they had learnt that the servicemen had abducted |
Shamkhan Tumayev | 58. On the same date the investigators interviewed Sh. T. as a witness. He stated that at about 3 a.m. on 19 September 2004 the applicants had come to his home and had told him about the abduction of |
Catherine [T.] | 12. On 17 July 2008 the SNCF regional director decided to dismiss the applicant from the service. His decision was worded as follows:
“ ... the analysis of the files stored on the hard disk of [the applicant’s] work computer, used for his professional duties, contained the following:
i) change of address certificate, signed in his name, certifying the transfer on 01/11/2003 of Ms |
Anguel Zabchekov | 66. Two of the police officers, Sergeant Penchev (A) and Sergeant Georgiev (F), mentioned Mr Zabchekov's ethnic origin in their oral evidence to the military investigator.
A stated that when he had arrived at Beli Lom Street he had seen two persons emerging from the entrance of the building, one of whom had been “a Gypsy with a criminal record – |
Khasmagomed Vakhayev | 63. On 7 February 2000 the applicant learnt that her husband, Khasmagomed Vakhayev (born in 1960), had died as result of the explosion at the Vakhayevs' house. On 18 February 2000 the district civil registration office certified the death of |
Sergey Lykov | 16. On 22 September 2009 police officer B. from the Tsentralny district police station in Voronezh issued a decision refusing to open a criminal investigation into the supposed theft, on the street, of a mobile telephone, to which |
Mehmet Akkum | 8. The applicants, Mr Zülfi Akkum, Mr Hüseyin Akan and Mrs Rabia Karakoç, are Turkish citizens of Kurdish origin and were born in 1944, 1928 and 1930 respectively. They are the father, brother and mother of |
Usman Mavluyev | 55. On 19 April 2004 Ms A.A., also referred to by the tenth applicant as Ms Z.A., was questioned. She submitted that when she had been trying to leave Grozny with other civilians on 8 January 2000, servicemen at the checkpoint in Chernorechye had apprehended |
Khodorkovskiy | 7. At the time of the events described below the applicant was one of the leading executives of Yukos, a large oil company. On 20 June 2003 a public prosecutor opened an investigation on suspicion of fraud committed in the course of the privatisation of a State-owned company in 1994 by a group of top managers of Yukos and affiliated companies. In the following months some of them were arrested and charged, including Mr |
Pshevecherskiy | 18. On 23 November 2000 the Moscow City Court accepted the prosecutor's request and granted the extension until 24 May 2001. The relevant part of its decision which also concerned a co-defendant reads as follows:
“The defendants [need to] study the materials of the criminal case file which comprises fifty-two volumes. It will be impossible for them to finish reading the case file before the expiration of the maximum authorised period of detention.
[The court] does not find any ground for a change in the preventive measure to which the defendants are subject. The criminal offences with which they stand charged are included in the category of serious and particularly serious offences. In view of the circumstances of the case, taking into account the information about the co-defendants' character and the materials in the case file, [I] consider that, if released, the defendants ... will be liable to resume their criminal activities, to pervert the course of justice and to abscond or evade justice.
Having examined the arguments of the defendants and their lawyers, who insisted that there was no basis for extending Mr |
Eduard Kryvonis’ | 20. On 16 January 2006, responding to the applicant’s complaint, the Deputy Head of the Chief Investigative Department of the Ministry of Interior stated that the investigation had been “patchy, passive”, “conducted at a low professional level and not in conformity with the methodology of investigating this category of offences”; and marked by “loss of time and sources of evidence”. He noted, in particular, that the case-file featured no documents explaining a one-month delay after the discovery of the body and before the initiation of the criminal proceedings; that no meaningful and prompt action had been taken to locate the purportedly missing bicycle; that no comprehensive measures had been taken to verify whether M. could be involved in the crime, notwithstanding the applicant’s suspicions corroborated by some other evidence; and that the alibis of M., D. and K. had not been verified. The officer further regretted that the police had thought of sending |
Taisiya Magomedovna Musayeva | 6. The applicants are:
1) Ms Tsalipat Shamilovna Isigova, who was born in 1954;
2) Ms Aminat Abdurakhmanovna Isigova, who was born in 1976;
3) Ms Khalisat Dayevna[2] Umkhanova, who was born in 1948;
4) Ms |
Khaled El-Masri | 50. On 30 January 2007 the final Report on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners (2006/2200(INI), doc. A6-0020/2007) was published. Noting the lack of thorough investigation by the respondent State, the Report stated, inter alia:
“136. [The European Parliament] condemns the extraordinary rendition of the German citizen |
Musa Temergeriyev | 131. On 22 May 2003 the Chechnya prosecutor quashed the referral as premature and returned the case to the town prosecutor’s office. The prosecutor relied on the statement given by Mr Zhizhin, the head of the criminal police, who denied that |
Ilijaz Pilav | 14. Fully aware that these arrangements were most probably conflicting with human rights, the international mediators considered it to be especially important to make the Constitution a dynamic instrument and provide for their possible phasing out. Article II § 2 of the Constitution was therefore inserted (see Nystuen, cited above, p. 100). It reads as follows:
“The rights and freedoms set forth in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols shall apply directly in Bosnia and Herzegovina. These shall have priority over all other law.”
While the Constitutional Court of Bosnia and Herzegovina, in decisions nos. U 5/04 of 31 March 2006 and U 13/05 of 26 May 2006, held that the European Convention on Human Rights did not have priority over the Constitution, it came to a different conclusion in decision no. AP 2678/06 of 29 September 2006. In the latter decision, it examined a discrimination complaint concerning the appellant’s ineligibility to stand for election to the Presidency on the ground of his ethnic origin (a Bosniac from the Republika Srpska) and rejected it on the merits. The relevant part of the majority opinion reads as follows (the translation has been provided by the Constitutional Court):
“18. The appellants argue that their rights have been violated, taking into account the fact that Article II § 2 of the Constitution of Bosnia and Herzegovina stipulates that the rights and freedoms set forth in the European Convention and its Protocols shall apply directly in Bosnia and Herzegovina and that they shall have priority over all other law. Therefore, the appellants are of the opinion that the candidacy of |
Islam Dubayev | 87. According to the documents and information submitted by the Government, between 2001 and 2008 the investigation was suspended and resumed on several occasions, and has so far failed to identify those guilty or to establish the whereabouts of |
Mustafa Döleksoy’s | 17. When preparing their report of 12 November 2007 the forensic experts also took into account two other forensic reports. The first report, dated, 24 September 2007, pertained to a toxicological examination and confirmed that there were no toxic substances in |
Lema Dikayev | 8. The applicants live in Martan-Chu, in Urus-Martan district, Chechnya. Prior to her death in December 2005 the second applicant also lived there. Applicants one to six are relatives of Mr Lecha Basayev, who was born in 1955. The first applicant is his wife; the second applicant was his mother; the third and the fourth applicants are his daughters; the fifth applicant is his grandson and the sixth applicant is his brother. The applicants from seven to eleven are the relatives of Mr |
Shchiborshch | 27. On an unspecified date – apparently in August 2006 – a person whose name is not clear from the documents but who appears to be R., the Head of the Nagatinskiy Zaton OVD, was questioned. He stated that a year earlier he had taken part in the operation to forcibly place Mr |
Rizvan Ibragimov | 18. Since 29 December 2002 the applicants, primarily the first applicant, have been searching for Rizvan Ibragimov. They applied to various official bodies both in person and in writing, trying to find out his whereabouts and what had happened to him, arguing that he must have been detained by some representatives of State agencies, because the armed men had arrived in a large group during curfew hours and had worn uniforms similar to those used by the Russian troops. The applicants retained copies of some of their letters to authorities and the answers, which they submitted to the Court. Their attempts to find out the whereabouts of |
Magomed Magomadov | 23. On 21 February 2001 the applicants reached Zdorovye. The ground was covered with fresh snow, which complicated the search. Immediately next to the road the applicants found the bodies of Said-Rakhman Musayev and |
Simeon Saxe‑Coburggotski | 14. The article, which appeared on page eight of the 4 August 2001 issue of 24 Hours under the headline “Foreign Company to Run Customs under Concession?” and the applicant’s byline, was worded as follows:
“The King’s men were intensely discussing whether to hire a Western company to run the customs administration, Members of Parliament say. The idea became topical because of difficulties with the selection of a strong candidate for the position of deputy Minister of Finance in charge of supervising the customs administration. The proposal that Mr M. D. is tapped for the position has not yet been approved by the Prime Minister. |