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Rodger of Earlsferry | 83. The first four applicants appealed and the Secretary of State cross‑appealed to the House of Lords, which gave judgment on 13 June 2007 ([2007] UKHL 26). The majority of the House of Lords (Lord |
Fatma Bozova | 18. The Supreme Court examined the case on the merits and by judgment of 20 September 1996 upheld the District Court's judgment. The Supreme Court dismissed the prosecutor's arguments that the property rights of Mrs |
the Minister of Healthcare | 7. The applicant worked as a head physician (director) of the Republican Maternity Hospital. In December 1993 the Ministry of Healthcare dispatched an “attestation commission” to the applicant's hospital in order to evaluate the applicant's work performance. In its evaluation report, the attestation commission found that the applicant had been incompetent in administering the hospital's affairs and had committed a number of breaches of her job duties. Based on the commission's evaluation report, by an order of |
Artūras Pilota | 12. The first applicant, Mr Arūnas Kudrevičius (“A.K.”), was born in 1970 and lives in Vaitkūnai village, Utena region; the second applicant, Mr Bronius Markauskas (“B.M.”), was born in 1960 and lives in Triušeliai village, Klaipėda region; the third applicant, Mr |
Khamid Mukayev | 24. After the departure of the servicemen on 16 September 2004 with Khamid Mukayev a number of neighbours gathered at the applicants' place. Meanwhile the first applicant's other son, I.M., untied her. Immediately thereafter the first applicant and M.F. ran after the military vehicles, which they saw going into Pervomayskaya Street. On their way the women alerted the local police inspector, M.A., who lived 100 metres from the applicants' house, about the abduction of |
Nura Luluyeva | 79. On 6 June 2000 T.S. stated that she had witnessed the events. At 9 a.m. on 3 June 2000 near 15 Mozdokskaya street in Grozny she saw masked servicemen arresting civilians – three women and one man. She ran to the local department of the interior to alert the police. When the police appeared at the scene, the soldiers opened fire and the police could not stop them. Afterwards, she found out that the abducted persons had been |
Yunus Abdurazakov | 28. On an unspecified date in March 2002 the commander of the North‑Caucasus Group of the Internal Troops of the Russian Ministry of the Interior (“the NCG troops”) informed the military prosecutor's office of military unit no. 20102 that on 15 March 2001 special operations had been carried out in the village of Duba-Yurt but the NCG troops had not apprehended |
M. Dzurinda | 51. The decision addressed, inter alia, the question whether the Government had authorised the Prime Minister, as required by Article 105 § 1 of the Constitution, to give a decision on amnesty on 8 December 1998. The Office of the Government had submitted only a decision of 3 March 1998 authorising Mr V. Mečiar to exercise certain presidential powers including those under Article 102(i) of the Constitution. No separate decision to similar effect had been submitted indicating that the new Government set up following the parliamentary election held in September 1998 had authorised its Prime Minister, Mr |
Dokka Itslayev | 126. The applicants are:
(1) Ms Madina Minayeva, who was born in 1974,
(2) Mr Suleyman Minayev, who was born in 1993, and
(3) Ms Zaira Minayeva, who was born in 1994.
The applicants live in Urus-Martan, Chechnya. They were represented before the Court by Mr |
Ruslan Askhabov | 28. On 21 October 2003 the Chechnya department of the Federal Security Service (the Chechnya FSB) informed the seventh applicant that they were taking measures to identify the perpetrators of Ruslan Askhabov’s abduction. The letter further stated that |
Abdul-Yazit | 61. On 16 November 2009 the applicant asked the investigators to take, amongst other things, the following steps:
“... 2. include... the statements... given to the human rights lawyers of the United Mobile Group (the UMG) into the investigation file; 3. question myself and other witnesses, including Mr M.A., in more detail about the circumstances of our visit to the office of the Envoy and about the visit on 16 or 17 August 2009 by the police officers who demanded to be shown the hideout in our house; 4. identify and question the Envoy, Mr O.Kh., who called the Shali ROVD in connection with |
A.R. “Vanagas” | 8. As established by the domestic courts, A.R. “Vanagas” became a participant in the armed resistance against the Soviet occupation, a Lithuanian partisan, on 25 June 1945. Initially, he led a partisan squad, later he became a commander of a partisan battalion, then commander of a brigade, and from October 1948 he was the commander of the south Lithuania region. In 1949 an all-partisan organisation, the Movement of the Struggle for the Freedom of Lithuania (Lietuvos laisvės kovos sajūdis (“LLKS”)) was formed. On 16 February 1949 the organisation adopted a declaration stating that the LLKS Council was “the highest political authority of the nation, leading the nation’s political and military struggle for freedom”. That year, in the assembly of partisan commanders of the whole of Lithuania, |
Ibragim Dzhabrailov | 113. On 20 November 2002 Mr T.A., a police officer from the Achkhoy‑Martan ROVD, reported to the investigators, amongst others, as follows:
“... as a result of the operative search steps taken to investigate the abduction of Mr |
Prudnikov Ye. | 27. On the same date private Stryukov A., performing his mandatody military service since June 2003 and in military unit no. 52157 since November 2003, submitted that he had known M.P. for about ten days, after which the latter had been transferred from the battery to the kennels. He characterised M.P. as reserved, uncommunicative and calm. He further submitted that he had not witnessed any brutalisation of M.P. by senior conscripts Brovkin R., Kosarev A. and |
Vakhazhi Albekov | 6. The applicants were born in 1948, 1980 and 1944 respectively. The first applicant lives in the village of Kurchaloy and the second and third applicants live in the village of Akhkinchu-Barzoy, Kurchaloy district, in the Chechen Republic. The first applicant is a brother of Mr |
Tofiq Yaqublu | 135. In respect of the witness statements favouring the applicant, the court concluded as follows:
“Having come to the same conclusion as the first-instance court, the court considers that ... the witnesses [Q.M., E.M., R.C., M.K., I.A., N.C., and N.M.] wanted to help [the applicant and |
the Minister for Transport (Energy and Communications | 28. On 4 June 1993 the European Communities (Prohibition of Trade with the Federal Republic of Yugoslavia (Serbia and Montenegro)) Regulations 1993 (Statutory Instrument no. 144 of 1993) were adopted. By a letter dated 8 June 1993, |
Usman Mavluyev's | 114. The Government thus submitted that the tenth applicant had first filed a written request for the institution of criminal proceedings on 16 April 2004. On the same day the Zavodskoy ROVD of Grozny forwarded her application to the Zavodskoy district prosecutor's office. Thereafter the district prosecutor's office instituted criminal investigation no. 31036 into |
Mehmet Şah Şeker | 48. Between March and November 2003 the Diyarbakır public prosecutor took statements from fourteen persons who had been in custody in the Diyarbakır Security Directorate on different dates between 10 and 18 October 1999, and from one person who had been in custody between 7 and 9 October 1999. These fifteen people confirmed that they had not seen |
Khasan Batayev | 85. On 28 December 2006 the district prosecutor's office informed her that the reply had been sent to her on 28 September 2006. It appeared that the request had been refused. 1. Investigation into the kidnapping of |
Lema Khakiyev | 47. On 10 October 2002 the investigators questioned a former colleague of Lema Khakiyev, Mr D.U., who stated that he had been in Moscow at the time of the abduction. He did not know whether Lema Khakiyev had been a sniper for illegal armed groups from 1995 to 1996 and confirmed that |
Rizvan Khadzhialiyev | 56. On 29 June 2003 the inter-district prosecutor’s office requested information concerning the Khadzhialiyev brothers from the Achkhoy-Martan ROVD. In reply they were informed that the criminal police had no information capable of compromising Ramzan and |
Yunus Günes | 105. The report repeated the information in the preceding paragraph and added that Ramazan Ayçiçek's village had been evacuated due to terrorist incidents and that his current whereabouts were unknown. It was not possible therefore to take his statement.
(r) Statement of the applicant dated 23 June 1999 taken by the Adjudicator ( |
Oleksandra Romanivna Yudenok | 4. Ms Valentyna Mykolayivna Mykhaylenko was born in 1951. Mr Valentyn Andriyovych Mykhaylenko was born in 1944. Mr Grygoriy Stanislavovych Ganushevych was born in 1950. Mr Anatoliy Ivanovych Marchenko was born in 1952. Ms |
Memduh Çetin | 34. On 13 June 1995 the Diyarbakır Security Directorate received information to the effect that a small lorry with the registration number 34 ERS 82 would be carrying logistical equipment to PKK terrorists and that the terrorists would meet with Kadri Ateş, |
Salambek Movsayev | 8. The applicants’ and Salambek Movsayev’s relative, Mr T.M., was suspected of active membership in illegal armed groups and had been on the authorities’ wanted list since 2000. Officers of local law-enforcement agencies, including a district police officer, Mr S., had visited the second applicant’s house on a number of occasions looking for Mr T.M.
(b) Abduction of |
Petros Kakoulli | 66. In a letter of 3 April 1997 Mehmet Özdamar, who was at the relevant time the Deputy Director and Acting Director of the Legal Branch at the Gazi Magusa Police Directorate, submitted a detailed report about the killing of |
Ricky Moravia Ghasuta Ramsahai | 12. The first two applicants, Mr Renee Ghasuta Ramsahai and Mrs Mildred Viola Ramsahai, are the grandfather and grandmother of Mr Moravia Siddharta Ghasuta Ramsahai (“Moravia Ramsahai”), deceased. They were both born in 1938. They were their grandson’s guardians until he reached his majority at the age of 18. The third applicant, Mr |
Meryem Peker | 13. On the same day the applicants were questioned by officers from the Anti-terrorism branch of the Istanbul Security Directorate. They were asked, in particular, whether they had submitted the petitions in accordance with the PKK’s new “civil disobedience” strategy adopted at its Sixth National Conference held between 5 and 22 August 2001. The applicants |
A. P. Akhmadov | 90. On 26 October 2002 the military prosecutor of military unit no. 20102 suspended the investigation on account of the failure to establish the identity of the culprits. The decision read, in particular:
“During the period from 6 to 10 March 2002, in the course of a special operation in the village of Stariye Atagi, unidentified servicemen abducted thirteen residents of the village: |
Anghel Aurelian | 7. Following A.’s birth, M. occasionally worked in Italy for short periods of time, in order to ensure an income for the family. In 2005, after M. had obtained a regular job, the applicant agreed for A. to travel to Italy with his mother. A formal notarial deed of 26 April 2005, submitted to the Court, states that Mr |
the Management Officer | 7. The employment contract between the locally employed staff and the Embassy provided, inter alia, as follows:
“3. Services to be Performed. The employee agrees to perform all the duties set forth in the Position Description in accordance with the terms and conditions set forth herein.
[...] 12. Disputes. All disputes between the employee and the Government arising out of this agreement shall be decided by the Management Officer or, in the absence thereof, the designee of |
S.S. Yusupov | 78. On 14 July 2005 the investigator examined the evidence in criminal case no. 20/849. He noted that Aslan Maskhadov had been sought on charges relating to his alleged involvement in the terrorist attack on the school in the town of Beslan on 1 September 2004. The decision further stated:
“In the course of carrying out special measures aimed at discovering the location of Maskhadov it was established that he had been hiding in the property belonging to |
Sandro Girgvliani | 77. When questioned on 6 March 2006, A.Gh.-ava confirmed G.A.-ia’s account of events. He also said that he and his colleagues had identified themselves to Sandro Girgvliani and L.B.-dze as employees of the Ministry of the Interior. He said that |
Ibragim Tsurov | 80. According to the Government, the department of the interior of the Kirovskiy District of the Republic of North Ossetia-Alania were taking investigative measures in relation to the criminal proceedings against |
Fetullah Gülen’s | 21. On the same day, several editors and columnists of the daily newspaper Zaman, including the applicant, were brought before the Istanbul 4th Magistrate’s Court. The magistrate questioned the applicant about his alleged acts and the accusations against him. The applicant stated that he had joined Zaman in order to be able to express his opinions; that he was in favour of a democratic system corresponding to European standards; that he was a secular person; that he had not been aware of the threat posed by |
Yakub Iznaurov | 34. Following the applicant's request, on 3 October 2000 the military commander of the Oktyabrskiy District of Grozny issued her with a certificate confirming that between 20 September 1999 and 5 February 2000 she and her son, |
Iriskhanovs' | 46. On 20 May and 11 June 2005 the investigators questioned the applicants' neighbours Ms T.A. and Ms L.M. accordingly, who provided similar statements concerning the circumstances surrounding the abduction. According to the witnesses, they had been at home when they had heard armoured vehicles and gunfire. They had seen armed men in camouflage uniforms in the street, got scared and stayed inside. About half an hour later, when the shooting was over, they went to the |
Apti Elmurzayev | 40. On 22 August 2003 the first applicant requested the prosecutor's office of the Chechen Republic to resume the investigation in case no. 61105. He argued that the district prosecutor's office had not searched for two APCs and two UAZ vehicles used during the abduction of |
Hürriyet Doğan | 13. When the clash was over, at about 3 a.m. soldiers who were stationed at the Lice Boarding School fired four artillery shells towards the village. A piece of shrapnel wounded one of the villagers, |
Artur Bersunkayev’s | 39. On 22 January 2003 the Head of the Urus-Martan Division of the FSB informed the applicant that his subordinates had not arrested her son, had not taken any action in Urus-Martan during the night of 13 June 2001 and had no information as to |
Dimitrios Zelilof | 13. On 8 January 2002 Salonika police headquarters ordered an administrative investigation in order to ascertain the exact circumstances in which the three police officers had been injured and whether they were liable for any disciplinary offence. The administrative investigation was assigned to an officer serving at the police’s sub-directorate of administrative investigations. As part of the investigation the investigating police officer summoned as witnesses the three police officers who had been involved in the incident, the applicant, two of his acquaintances present at the scene and some other individuals accused of assaulting the police officers. The various witness statements available were studied but no further inquiry was conducted regarding the gunshots fired or the general legitimacy of the initial identity check. It was observed in the report on the administrative investigation, issued on 9 August 2002, that
“persons involved in the incident refused to comply with the police officers’ orders and, furthermore, one of them [ |
G.O. Matyushkin | 34. On 2 September 2011 the Deputy Prosecutor General of Russia annulled the decision of 18 January 2011 to extradite the applicant to Kyrgyzstan. The decision read as follows:
“In connection with the decision of the President of the [First] Section of the European Court of Human Rights on the application of Rule 39 of the Rules of Court in the case of Bakoyev v. Russia (application no. 30225/11), the Representative of the Russian Federation at the European Court of Human Rights – Deputy Minister of Justice of the Russian Federation |
O.V. Yaremenko | 31. On 31 July 2009 the Supreme Court examined the case in the absence of the applicant but in the presence of his lawyer and the prosecutor. It allowed the applicant’s request in part and the prosecutor’s request in full. The Supreme Court noted that the domestic courts, having found the applicant guilty of the 1998 crime, had relied on his confession of 1 February 2001 and his questioning of 2 February 2001. It further noted that the European Court of Human Rights had held that there had been a violation of the applicant’s rights as guaranteed by Article 6 §§ 1 and 3 (c) of the Convention, namely his right to defence, since he had admitted his guilt to the police officers and made a written confession to the 1998 crime in the absence of a lawyer. The Supreme Court further held:
“In review of the case (При перегляді даної справи), the judges at their joint meeting concluded that the written confession and statements of |
I. Serbiyev | 55. On 2 March 2001 the first applicant was questioned and granted victim status in case no. 23034, concerning the kidnapping of her son S.‑M. Debizov. On 5 March (in some documents 15 March) 2001 the investigation questioned the wife of |
Akhamdi Isayev | 9. The applicants in the three applications complained about the detention and subsequent disappearance of their three relatives – Magomed Edilov, Akhamdi Isayev and Ali Vadilov – in the early hours of 9 December 2001 in the village of Valerik, in the Achkhoy-Martan district of Chechnya. All the men were detained at their respective family homes by a group of up to thirty armed masked men in camouflage uniforms. The fourth man detained on that night in Valerik, who also disappeared, Rizvan S., was a resident of Achkhoy-Martan and a relative of |
Navanethem Pillay | 50. ... To date, the police, prosecutors and members of the judiciary have not acted upon allegations of torture in the aftermath of the June 2010 violence. 67. Since the April 2010 unrest and particularly following the June 2010 inter‑ethnic violence, there has been growing concern at the rise in discriminatory practices faced by members of minorities at the institutional level. This is increasingly reflected in attitudes within the public at large. In particular, ethnic Uzbeks have faced ongoing discrimination in the aftermath of the June 2010 inter-ethnic violence. 68. In recent months, concern has increased at the growing inter-ethnic tensions in the country, which are contributing indirectly to the rise in internal migration and emigration. Statements by a few officials in various regions of the country have often fuelled the nationalistic discourse and contributed to feelings of vulnerability within the minority communities. 69. Reports of cases where ethnic minorities are subjected to the illegal seizure of their land, unlawful takeover of their businesses, or physical or verbal threats, are becoming more commonplace. Due to a pervasive fear among victims of such ethnically motivated acts, there is a general reluctance to file complaints with the law enforcement bodies. To date, no criminal case has been brought by the law enforcement authorities under article 299 of the Criminal Code, which proscribes “incitement to inter-ethnic hatred”. 78. On administration of justice:
(b) ... In case of retrials related to the June 2010 events, the hearings should not take place in courts in the south of the country in order to ensure impartiality of judges. Judges should maintain their impartiality irrespective of the ethnicity of victims, lawyers and defendants. To ensure such impartiality, provincial rotation mechanisms of judges and other participants in judicial processes should be adopted. 79. On torture and detention:
(b) The Government, prior to the establishment and commencement of functions of the national preventive mechanism under the Optional Protocol to the Convention against Torture, should guarantee unrestricted access by civil society monitoring groups to all places of deprivation of liberty ... 82. On minority rights:
(a) Utmost attention should be paid to building trust and confidence among communities throughout the country and to ensure the prevention of hate speech, which could fuel further tensions. The Government, at the highest levels, should emphasize that promotion and protection of minority rights are an integral part of and a main priority for peace and reconciliation and a central pillar of the country’s political, economic and security strategies;
...” 44. Following the examination of the report the Human Rights Council adopted, in June 2011, a resolution in which it, inter alia, urged “the Government of Kyrgyzstan to ensure that progress is made in improving the human rights situation in the areas of administration of justice, torture and arbitrary detention, the right to adequate housing, the rights of women, minority rights and human rights mechanisms” and “to promote and protect human rights and fundamental freedoms for all, in particular, to address ongoing arbitrary detentions, torture and corruption by law-enforcement and Government officials”. 45. A report of the United Nations High Commissioner for Human Rights on technical assistance and cooperation on human rights for Kyrgyzstan covering the period from June 2011 to February 2012, which was examined by the Human Rights Council at its 20th session in July 2012, notes that “serious institutional deficiencies have hampered the delivery of justice and undermined the rule of law, and points out that the lack of progress in addressing these matters impacts on reconciliation and peacebuilding efforts between the ethnic communities, as well as between civil society and authorities, with serious risks for the long-term stability of the country. The report further describes the ongoing practice of arbitrary detention and torture and continued discriminatory patterns based on ethnic grounds. In this context, it highlights institutional shortcomings, lack of capacity and, in some instances, lack of political will to take necessary measures.” It notes that ten months after the signature of the memorandums of understanding between prosecutors and human rights organisations in Osh Province, Osh City and Jalal-Abad Province setting out mechanisms for regular dialogue and cooperation on the prevention and prosecution for torture within the framework of public councils, little substantial progress has been made, due in part to the lack of trust on the part of human rights NGOs in the prosecutorial authorities and the overall lack of strategic engagement by all parties, posing challenges to the effective functioning of the public councils. As regards the installation of closed circuit television cameras in the temporary police detention centres in Jalal-Abad, the report notes that while they “can be an additional measure to prevent torture, it is not a panacea for the human rights violations observed in detention centres, given the potential ease with which the system can be bypassed or disabled.” The report also stated as follows on the minorities’ issue:
“69. There is a wide gap between the authorities’ view of inter-ethnic relations and those of ethnic minority communities themselves. Authorities paint a positive picture, while communities raise concerns including: (i) the need to stop any police misconduct, in particular arbitrary arrest, extortion, ill-treatment and torture; ...” 46. In her opening remarks at a press conference on 10 July 2012 during her visit to Kyrgyzstan, UN High Commissioner for Human Rights, |
Kutlu Adalı | 142. The witness knew Mr Altay Sayıl from the time they had enrolled to the police academy and had attended the same course. However, he denied having told the applicant that Mr Sayıl was a very good person and that he had nothing to do with the killing. He had never spoken to the applicant about Mr Sayıl. The witness had never taken a statement from the applicant in relation to |
Abdurashidov | 5. The applicants were born in 1950 and 1987 respectively and live in Makhachkala. The applicants are the mother and the wife of Mr Abdurakhman Abdurakhmanov (in the documents submitted also written as |
Paweł Lewandowski's | 29. The District Prosecutor found that the version of events as presented by the police officers who had arrested Paweł Lewandowski was to be considered reliable. In the prosecutor's view, their version of events was also corroborated by the forensic report dated 16 December 2000. According to that report, |
Akhdan Akhmetkhanov’s | 64. In 2002 the applicants’ family lived in the village of Gekhi, Chechnya. They owned three separate houses with a common garden. The second, third and fourth applicants and Mr Akhdan Akhmetkhanov lived in the first house, the first applicant resided in the second house and Mr B.A., |
Mayrbek Minayev | 129. Between 2 and 3 a.m. on 5 September 2002 an APC and two Ural lorries arrived at the applicants’ block of flats. Some forty men in masks and camouflage uniforms got out of the vehicles. Up to fifteen of them entered the applicants’ flat. They spoke unaccented Russian. After locking Mr |
Juan Manuel Palomo Sánchez | 12. On 21 May 2001 the applicants set up the trade union Nueva Alternativa Asamblearia (NAA) to defend their interests and those of the other delivery staff who were under pressure from the company P. to renounce their claim to salaried status. The applicants joined the union’s executive committee. On 3 August 2001 the applicants informed the company P. of the setting-up of a branch of the trade union inside the company, of its composition, and of their appointment as members of the executive committee of that workplace branch. Mr |
Rehib Çabuk | 15. The car drove in the direction of Kabaktepe and stopped in a deserted field. The applicant was taken out of the car. As soon as he got out, the police officers started to punch and kick him and to beat him with the butts of their guns. The police officers told the applicant that they had seen him at the funeral of Sefer Cerf and |
Ruslan Taymuskhanov | 43. On 20 and 21 September 2003 the district prosecutor's office requested the heads of the task force unit of the Ministry of the Interior of the Chechen Republic and of the Groznenskiy district department of the FSB to establish whether |
Khizir Tepsurkayev | 9. At about 9 a.m. on 27 August 2001 Khizir Tepsurkayev left his house in Urus-Martan to go to the Town Court, located in the centre of the town. He was supposed to meet there with the chairman of the court to discuss his future employment as a policeman and the chairman’s guard. On his way to the centre, at the corner of Pervomaiskaya and Ordzhonikidzevskaya Streets, |
Suren Muradyan | 41. On 15 December 2002 a serviceman, K.B., who had been undergoing treatment at the hospital when Suren Muradyan was admitted, was questioned. He stated that he had become acquainted with Suren Muradyan upon the latter’s admission to hospital. |
Halit Akdeniz | 57. On 25 February 1998 the Kulp Prosecutor drew the attention of the commander of the Kulp District Gendarme Headquarters to the fact that the release dates of the five persons detained on 28 February 1998 did not appear in the form he had received (see paragraph 51 above). The Prosecutor asked the commander to inform his office as to what action had been taken in relation to these persons. It appears that the gendarme commander subsequently complied with this request. According to the custody records of the Kulp Central Gendarme Station, |
Olga Biliak | 30. On 18 July, 11 August and 20 November 2003 Olga Biliak complained to a SIZO physician that her legs were swollen. She was examined and, since no abnormalities were revealed, no treatment was prescribed for her complaints. However, on the last of these dates |
Yakup Aktaş's | 15. On 18 November 1997, while evidence was being taken in a different case, the Acting Agent of the Government submitted that, for their security, ten members of the gendarmerie who had been summoned to appear before the Delegates in the present case should give evidence in the absence of the applicant and his relatives and be shielded from the view of the applicant's representatives by a screen. On 19 November 1997 the Government extended that request to include a further witness: the member of the gendarmerie who had investigated |
Çetin Alican | 6. On 22 April 1994 Kamuran Alican, Çetin Alican and Ilhami Alican took their animals out to graze. When the animals returned to the village without the children, the villagers launched a search party and informed the military nearby; the Van 6th Armoured Brigade Barracks. A search was also unsuccessfully conducted within the military confines. The next day, the dead bodies of |
Yaroslav Belousov | 6. The background facts relating to the planning, conduct and dispersal of the demonstration at Bolotnaya Square are set out in more detail in Frumkin v. Russia (no. 74568/12, §§ 7-65, 5 January 2016), and |
Magomed Kudayev’s | 71. On 6 December 2005 the supervising prosecutor overruled the decision to suspend the investigation as premature, unsubstantiated and unlawful. The prosecutor pointed out a number of the investigators’ failures including the following:
“...Ms Z.G., who had witnessed the abduction, was not questioned by the investigators;
|
Mayrbek Kh. | 15. Mr Israil M. and relatives of other men apprehended during the operation in Raduzhnoye decided to wait at the entrance to the FSB building. Several hours later Mr Israil M. managed to talk to the head of the Nadterechniy district department of the FSB Mr |
Khodorkovskiy | 370. The applicants relied upon the public statements and court testimony of Mr Kasyanov, the Russian Prime Minister at the time of the applicant’s arrest and detention. Thus, in his interview to Echo Moskvy radio station on 27 September 2007 Mr Kasyanov stated as follows:
“There were mistakes, many mistakes, which I am also ashamed of, such as arrest of Mr Lebedev and then of Mr |
Rezziero Pisaniello | 9. On 19 November 1993 the Avellino Public Prosecutor requested that the applicants and three other persons be committed for trial on charges of aggravated abuse of public authority (abuso d’ufficio). In particular, the first, second and third applicants were accused of having induced the fourth applicant and two other persons to unlawfully grant them a public subsidy. MM. Augusto and |
Hüseyin Tiraki | 27. The applicants were all examined by doctors on a number of occasions. Details of their injuries, as noted in the medical reports, are as follows:
Veli Saçılık: Mr Saçılık was taken to hospital on 5 July 2000 and was discharged again on 27 July 2000. It was not possible to stitch his arm back on and his injury was deemed to be life-threatening by the doctors. His injury prevented him from working for 60 days.
|
Sirazhudin Aliyev | 36. On 28 January 2013 the investigation was again resumed following criticism from the supervisory authorities (this time the Leninskiy district prosecutor in Makhachkala), who pointed out the following:
“... the investigation of the criminal case has been suspended on three occasions for failure to establish the identity of the perpetrators. On each occasion, the decision was similar to the previous ones, without the [requested] steps having been taken.
Such circumstances demonstrate that the investigators violated Article 61 of the Criminal Procedure Code concerning the time-limit for investigation and demonstrate a lack of oversight on the part of the supervisors from the Investigation Committee.
The last decision to suspend ... taken on 5 November 2012 ... should be overruled as unlawful for the following reasons.
An examination of the case file showed that the investigation of the criminal case had been conducted with violations of the criminal procedure regulations. For instance, prior to the suspension of the proceedings, the investigator should have taken all the steps possible in the absence of the suspect or accused and taken all the steps necessary to establish the identity of the perpetrator.
However, the investigation [in the present case] failed to question close relatives of |
Murad Khachukayev’s | 75. On 25 August 2006 the investigators questioned Mr I.P., who stated that on 12 February 2003 when he had been tending cattle in the orchard in Michurina district he had found human remains and had informed the central mosque about it. On the following day |
Aslanbek Tasatayev | 42. On an unspecified date the investigators questioned the second applicant, who stated that on the night between 31 May and 1 June 2001 she had been woken up by noise in her house. She had got out of bed and seen four unidentified armed masked men in camouflage uniforms without insignia in her room. Without any explanation the men had taken her son |
German Alimkhanov | 67. The applicants are:
1) Ms Madina Alimkhanova, born in 1976;
2) Mr Aslanbek[2] Alimkhanov, born in 1970;
3) Mr Ibragim Alimkhanov, born in 1994;
4) Mr Imam Alimkhanov, born in 1996;
5) Mr Rakhman Alimkhanov, born in 1999;
6) Mr |
Yunadi Sagayev | 74. On 27 September 2005 the fourth applicant filed a complaint with the Urus-Martan Town Court concerning the inaction of the investigating authorities and their failure to give her access to case file no. 61126. In her complaint she stated that Mr |
Zarema Gaysanova | 85. On 26 June 2013 the investigation was resumed owing to the need to take a number of steps such as questioning the Chechen President Mr Kadyrov and the applicant’s neighbour Mr R.M. and verifying whether Ms |
Erkan Arslanbenzer | 24. On 21 July 2004 the Ankara Assize Court delivered its judgment. It allowed Ms Zehra Delikurt's request and decided not to convict her, in conformity with section 4 of Law no. 4959. As a result, she was released from prison. As regards the other applicants, the Assize Court held that, following the amendment to Article 169 of the former Criminal Code, the acts committed by them could not be considered to constitute the offence defined in that provision. The court nevertheless found Mr Ercan Gül, Mr |
Ahmet Potaş | 45. The next morning the witness went to Zeyrek Gendarme Station with an old man from Gümüşsuyu to ask what had happened to the Orhans. He spoke to Ahmet Potaş who said that the Orhans had been taken to Kulp. After leaving Zeyrek station, he met the applicant and told him what |
Eugen Schmidberger | 50. The applicants further argued that in European Union member States, roadblocks were accepted as a form of demonstration, and that the right to demonstrate was guaranteed by Articles 10 and 11 of the Convention. They referred, inter alia, to Article 2 of Council Regulation (EC) No 2679/98 of 7 December 1998 (see paragraph 77 below) and to a report of 22 March 2001 by the Commission of the European Communities (COM(2001) 160) on the application of that Regulation, as well as to the judgment of the Court of Justice of the European Communities (ECJ) in |
Sun Huan Xin | 8. On 6 November 2001 the Tsentralniy District Court of Khabarovsk found the applicant guilty as charged and imposed a suspended sentence of two years’ imprisonment conditional on one year’s probation. As regards the money, the court held that:
“Physical evidence – USD 72,300 and CNY 760 taken from Mr |
Mahmut Yağız | 59. On 2 April 1998 the court heard the statements of three interveners, Menevşe Poyraz, Haydar Kopal and Şaziment Şimşek, none of whom had been eye-witnesses to the incident. They all requested the court to punish those responsible for the killing of their relatives. The same day, the court heard evidence from Özlem Tunç and |
Abdulkerim Sanrı | 5. The ninth applicant was the father and the tenth applicant is the mother of Mr Abdulkerim Sanrı, who was born in 1981 and also killed by members of the security forces on 19 August 1999. The eleventh and twelfth applicants are the brothers of Mr |
Bekman Asadulayev's | 32. Mr Sh. had decided to follow the armed men but by that time he had seen Mr S., head of the ROVD, arrive at the MVD building. Mr Sh. had immediately alerted Mr S. to the abduction of Bekman Asadulayev. Mr S. had taken |
Apti Avtayev’s | 10. The applicant had not been a witness to her husband’s abduction as at the relevant time she had been staying in Urus-Martan. The description of the events of 10 March 2002 was based on the accounts provided to the applicant’s representatives by her on 1 August and by the witnesses to |
Shchiborshch | 72. In response to questions from the first applicant and his counsel, L. stated that he had seen two knives in Mr Shchiborshch’s hands when the latter had run into his living room. However, he returned from the living room with just one knife and a telephone receiver. He had been trying to call an ambulance, asking somebody for help and demanding to speak to a woman. L. also stated that the police officers had been wearing bullet-proof vests on that occasion and that they had hit Mr |
A.Mastromatteo | 11. On 8 November 1989 the applicant's son was murdered by a criminal (M.R.) who had just robbed a bank with two accomplices (G.M. and G.B.). After leaving the bank the three robbers had failed to find the fourth accomplice (A.C.), who was supposed to be waiting for them with the getaway car. They had therefore made off on foot with the police in pursuit. Their path had then crossed a car being driven by |
Slavik Arushanyan | 12. One of the topics discussed in “The Karabakh Diary” concerned the Khojaly massacre of 26 February 1992. Discussing this topic, the applicant made certain statements which could be construed as differing from the commonly accepted version of the Khojaly events according to which hundreds of Azerbaijani civilians had been killed by the Armenian armed forces, with the reported assistance of the Russian (formerly Soviet) 366th Motorised Rifle Regiment, during their assault on the town of Khojaly in the course of the war in Nagorno-Karabakh. Specifically, the article contained the following passages:
“Having seen Khojaly, I could not hide my astonishment. This Azerbaijani town, which had been razed to the ground, has been completely reconstructed and converted into a town called Ivanovka, named after an Armenian general who had actively participated in the occupation of Khojaly. The Khojaly tragedy and the deep wounds inflicted on our soul by the Armenian expansionism on this long-suffering Azerbaijani land permeated all my meetings in Askeran [a town in Nagorno-Karabakh close to Khojaly]. How so? Can it be true that nothing human is left in these people? However, for the sake of fairness I will admit that several years ago I met some refugees from Khojaly, temporarily settled in Naftalan, who openly confessed to me that, on the eve of the large-scale offensive of the Russian and Armenian troops on Khojaly, the town had been encircled [by those troops]. And even several days prior to the attack, the Armenians had been continuously warning the population about the planned operation through loudspeakers and suggesting that the civilians abandon the town and escape from the encirclement through a humanitarian corridor along the Kar-Kar River. According to the Khojaly refugees' own words, they had used this corridor and, indeed, the Armenian soldiers positioned behind the corridor had not opened fire on them. Some soldiers from the battalions of the NFA [the National Front of Azerbaijan, a political party], for some reason, had led part of the [refugees] in the direction of the village of Nakhichevanik, which during that period had been under the control of the Armenians' Askeran battalion. The other group of refugees were hit by artillery volleys [while they were reaching] the Agdam Region.
When I was in Askeran, I spoke to the deputy head of the administration of Askeran, |
Suren Muradyan | 66. On 2 August 2004 the applicant was questioned and stated that some days earlier he had bumped into a number of servicemen who had told him about the circumstances of Suren Muradyan’s murder and the identities of those who had ill-treated him. According to them, |
Abdullah Öcalan | 15. On 7 December 2007 the Istanbul Assize Court convicted the applicant under section 7(2) of the Prevention of Terrorism Act (Law no. 3713) for disseminating propaganda in favour of the PKK twice, because he had published two books, and sentenced him to a total of twenty months’ imprisonment. With regard to the publication of 33 Days in the Deluge, the assize court considered that on pages 129, 130 and 135 the PKK and its leader, |
Suleyman Tsechoyev | 74. In October 1999 the investigators carried out a series of identification parades, during which the officers of the Nalchik pre‑trial detention centre failed to identify Mr Magomed Ye., his brothers and cousins as the persons who had taken away |
M. M. Akhmadov | 56. On 26 February 2004 the military prosecutor of the Tula garrison informed the military unit no. 2116 in Shali and the first applicant that their office had carried out an inquiry, with the following results. On 6 March 2002 servicemen of the 3rd inter-service team of the Ministry of Justice had detained a resident of Grozny, |
Aleksandr Anatolyevich Zhukov | 8. The applicant party, the Russian Conservative Party of Entrepreneurs (Российская консервативная партия предпринимателей), is a nationwide political party established under the laws of the Russian Federation.
The second applicant, Mr |
Apti Zaynalov | 19. The applicant had approached the surgical department alone and had seen men in camouflage uniforms at its entrance. She had gone to the maternity department since it offered a good view of the surgical department and, having guessed that the patient was likely to be taken out through the security exit, had stood within seven or eight metres of that exit. Within a few minutes a white Volga car with number 367 on the registration plate had approached the security exit and a couple of minutes later Mr |
Bashir Mutsolgov | 29. On 26 December 2003 the second applicant complained to the military prosecutor's office of military unit no. 04062 that his son had been abducted by armed men in camouflage uniforms in several vehicles. He pointed out that when the abductors had been stopped at the GAI station, one of them had produced a special permit which had allowed the cars to pass without being checked. The second applicant also stated that he had managed to find out that |
Isa Kaplanov | 65. On an unspecified date former officials of the Zavodskoy Prosecutor’s Office were questioned. They stated that they had no information on law-enforcement officials’ involvement in an abduction of |
V. Shukhardin | 27. The application was lodged on 13 July 2013 by Mr Ivan Dhzimsherovich Yeliashvili, who was born in 1979 and lives in Noginsk, the Moscow Region. He is currently serving his sentence in IK-8 in Labytnangi, the Yamalo-Nenetskiy Region. The applicant, who had been granted legal aid, was represented before the Court by Mr |
Nizar Trabelsi | 17. By a diplomatic note of 12 November 2008 the US authorities made the following assurances concerning the applicant to the Belgian authorities:
“The Government of the United States assures the Government of Belgium that, pursuant to his extradition, |
Nitsievskaya | 9. On 1 October 2007 the Pension Fund lodged with the Town Court an application for quashing of the judgment of 31 May 2006 and re-opening of the applicant's case on the ground of newly discovered circumstances. It stated that the Supreme Court's judgment of 2 March 2007 in the |
Akhmed Demilkhanov | 128. According to the Government, the investigation failed to establish the whereabouts of Salakh Elsiyev, Iskhadzhi Demelkhanov, Adam Boltiyev, Dzhabrail Debishev, Lom-Ali Abubakarov, Ramzan Mandiyev, |
Said-Emin Ocherkhadzhiyev | 122. The first applicant was the mother of Mr Said-Emin (also spelled as Sayd‑Emi and Sayd-Emin) Ocherkhadzhiyev, who was born in 1967. She died on 2 April 2014. The second applicant, Mr Adam Ocherkhadzhiyev, is the brother of Mr |
Cemal Çakmak | 58. On 23 September 2005 the Forensic Medicine Institute prepared its report in response to the Ovacık prosecutor’s request of 29 June 2005 for the clothes worn by four of the deceased at the time they were killed to be examined. It was noted in the report that the holes observed on three of the four sets of clothes were not bullet holes. The holes observed on the fourth set of clothes which belonged to |
A. Rezvanov | 15. On 16 January 2003 the Ministry of Justice of Ingushetia informed the prosecutor's office of the Chechen Republic that they had received a complaint from the first applicant and his brother. The letter read as follows:
“According to the complainants, those who apprehended |
Lecha) Dzhabrailov | 6. The applicants are Mr Aslan (also known as Lukman) Dzhabrailov, who was born in 1979, Ms Umkusu Dzhabrailova, who was born in 1949 and Ms Larisa Dzhabrailova, who was born in 1977. They live in Grozny, Chechnya. The first applicant is the brother of Valid (also spelled as Volid and also known as |
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