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Aslanbek Khamzayev’s | 14. On 28 June 2002 the second applicant wrote to the Memorial Human Rights Centre (“Memorial”), an NGO based in Moscow, informing it that her husband had been arrested by Russian servicemen and asking for its help in searching for him. On the same date lawyers from Memorial wrote to the Grozny prosecutor’s office (“the city prosecutor’s office”) requesting that criminal proceedings be instituted in respect of |
Vakhid Musikhanov's | 7. The first two applicants are a married couple. They have four sons – the ninth, tenth and eleventh applicants and Mr Vakhid Vakhayevich Musikhanov, born in 1976. The latter was married to the third applicant and had four children with her – the fourth, fifth, sixth and seventh applicants (the youngest child was born a month after |
Khamidkariyev | 92. On 12 February 2015 K. questioned one of the police officers who had arrested the applicant, Mr Kh., as a witness. The interview was in Russian. The answer to the question about the circumstances of the applicant’s arrest reads as follows:
“On 14 June 2014 at about 7.30 a.m. in the Yakkasarayskiy district of Tashkent Mr |
Tofiq Yaqublu | 103. In particular, a video recording originally taken from the website of Obyektiv TV, operated by an NGO named the Institute for Reporters’ Freedom and Safety (“the IRFS”), had been edited before its examination by the court (see paragraphs 69-70 above). As to the parts of the video showing clashes between protesters and the police (it appears that, here, the lawyer referred to the scenes described in paragraph 70 above), it was clear from the size and direction of the shadows cast by buildings, people and other objects that the video had been shot during the morning. That fact had been additionally confirmed by the chairman of the IRFS in a letter dated 24 January 2014. The full, unedited version of the video attached to the letter contained scenes shot during the afternoon of 24 January 2013 showing numerous police vehicles on M.F. Akhundov Street advancing in the direction of the IDEA building with no protesters present. Then it showed the applicant, N.C. and N.M. standing near the Education Department and calmly talking to each other, with no one else in the vicinity. Afterwards, |
Ahmet Ayder | 51. According to the eye-witness accounts of events on 23 October given by the applicants Ahmet Ayder and Nadir Doman and the witnesses Türkan, Tahir and Bedriye Ekmekçi, Huri Biçer and Leyla Ayder, soldiers came to the Kalı neighbourhood that morning, ordered the people out of their homes and proceeded to set the houses alight. Most of these witnesses also described how the houses were set alight either by a pipe-shaped instrument or by something being thrown into the houses, Huri Biçer mentioning both methods. |
Said-Emin Sambiyev | 65. On 29 March 2007 the investigators questioned Mr A.A., who stated that in 2003 he was working as a taxi driver. On an unspecified date in August 2003 a man had asked him to pass on to the relatives of |
V. Stepaniuc | 7. On 24 July 2001 the applicant newspaper published an article entitled “On L.'s money, communists V. Stepaniuc and V. Mişin had a big-time party (chiolhan) at 'Jolly Allon'”. The article, which included pictures of the two MPs next to the text, informed readers about the changes to the Budget Act and about the profits which those changes would bring to a few big fuel importers who had links with the Customs Department, thus allowing unfair competition. The article claimed that the postponement of tax payments constituted a form of credit by the State without interest or guarantees and rejected the explanation for the amendment given by a member of Parliament.
One paragraph in the article read:
“One needs to note that, in the evening of the same day, at the 'Jolly Allon' (...) hotel, the communists |
Drago Bošnjak | 68. The second applicant appealed against that decision to the Supreme Court, arguing that his detention was not justified. On 7 December 2012 the Supreme Court dismissed his appeal as ill-founded. The relevant part of the decision reads:
“... the finding of the first-instance court that the grounds for the continued detention of the accused |
Milan Zdjelar | 25. On 9 and 16 March 2010 the police interviewed M.J., M.L. and M.M., members of smaller army units belonging to brigade 153 of the Croatian Army. M.J., a former member of the engineering unit, said that his unit had comprised between three and five soldiers and that he had never witnessed the killing of any civilians by any of them. M.L., a former commander of logistics in the artillery unit, stated that his unit had never encountered any civilians at any time during Operation Storm, with the exception of a few in Topusko, to whom they had given food and drink. Most of the villages they had passed through had had no name signs. He had no information to give them about the killing of |
Khalikova Nuriya Abazovna | 38. On 20 December 2010 the Nasimi District Court dismissed the applicant’s claim. The court relied on the letter of 30 November 2010 submitted by the Head of Nasimi District Police Station No. 22 and the administrative offence record of 19 November 2010, according to which the applicant had received a warning from the police on account of holding an unlawful demonstration. The court also held that there was no criminal element in that case and that the applicant could appeal against her administrative conviction by the police. The court made no mention of the evidence submitted by the applicant in support of her claim, such as the video recordings and the medical certificate. The court was also silent as to the legality of the police intrusion into the applicant’s flat. As to the witness statements from F.G. and L.A., the court contented itself with holding that the witnesses had not stated that they had been ill-treated at the police station during their detention, without considering their submissions that the applicant had been taken to the police station at 10 a.m. and released at around 8 p.m. and that the police had unlawfully entered their flat in order to carry out a forcible eviction. The relevant part of the decision reads:
“The court, having examined the parties’ explanations and the documents submitted to it, considers that the complaint should not be granted.
In fact, it is stated in letter no. 9/13-22-4019 dated 30.11.2010, which was submitted to the court, that at 11 a.m. on 19 November 2010 citizen |
Recep Tayyip Erdoğan | 23. Amnesty International also made a statement in relation to the deportation of the seven Orizont teachers to Turkey. On 6 September 2018 the organisation’s director for Eastern Europe and Central Asia made the following statement in relation to the applicants’ transfer to Turkey:
“The Moldovan authorities didn’t just violate these individuals’ rights once by deporting them - they put them on a fast-track to further human rights violations such as an unfair trial. ... The latest arrests in Moldova follow the pattern of political reprisals against Turkish nationals living abroad by the increasingly repressive government of |
Mehmet Salim Acar | 43. On 15 March 1995 the Bismil public prosecutor wrote to the Bismil gendarmerie commander, seeking a reply to his enquiry about the case. He wrote again on 17 May 1995 to enquire whether or not the detention of |
C.J. Kleijn | 85. With regard to a complaint submitted jointly by Mr A.A. Kleyn (no. 39343/98) and Kleijn Financierings- en Leasemaatschappij B.V., Exploitatiemaatschappij De Zeiving B.V., Ms C.J.P. Kleijn, Ms P.M. Kleijn and Ms |
Abdul-Yazit Askhabov | 67. On 23 December 2009 the investigators conducted a witness confrontation between the applicant and the investigator from the Shali investigations department, Mr A.-Kh.B. The applicant stated that she had learnt from her relative Mr M.A. that Mr A.-Kh.B. had told him that he had seen her son after the abduction at the Shali ROVD. Mr A.-Kh.B. denied ever having seen |
Osman Murat Ülke | 8. On 23 July 1999 the applicant distributed the leaflet entitled “Freedom of Thought - No. 38” in front of the Istanbul State Security Court Building. This leaflet was a reproduction of the leaflet entitled “Freedom of Thought - No. 9”, which contained statements made by |
Vakha Nasukhanov | 52. On 22 January 2004 Mr S.Kh., a resident of Starye Atagi, was questioned as a witness. He stated that in February 2002 there had been an armed clash between the federal troops and insurgents in his village. The federal servicemen had also carried out a special “sweeping” operation, in the course of which his son and the three Nasukhanov brothers and their cousin had been arrested. The detainees had been brought to the mill where the military unit had been stationed. At the request of the local authorities the servicemen had released his son and |
Martin Kočko | 66. Mr Rastislav Koky and Mr Martin Kočko completed their respective depositions of 12 March 2002 in that they specified that, as a result of the injuries sustained in the attack, Mr Rastislav Koky had been incapable of work for fourteen days, from 28 February to 14 March 2002, and Mr |
Aydın Kişmir’s | 33. On 25 January 1995, a final report was issued by the First Committee of Experts of the Forensic Medicine Directorate. According to this report, the findings clearly pointed to a natural death which might have been due to |
Baki Demırhan | 535. All the applicants were charged generally with “being subsidiary persons of an illegal organisation”, i.e. the PKK. Specific allegations relating to this charge were set out in each case, ranging from providing free or cheap legal representation to PKK members, acting as couriers, handling weapons and drugs, making financial donations, organising propaganda, etc. In the case of İmam Şahin, it was alleged, inter alia, that he had “prepared documentation showing the PKK as innocent, stating that the incidents in the region occurred with the support of the State, belittling the State and ...that [he had] faxed these to Europe and made propaganda against [the State]”. Arzu Şahin and |
Lema Khakiyev’s | 110. The first applicant was questioned on 10 September 2002 and 19 February 2009. On 9 October 2002 the first applicant was granted victim status. She corroborated the third applicant’s statements and added that on 21 August 2002 she had been in Nazran and learnt of |
The Minister of Justice | 53. In particular, the applicant indicates a press conference on 18 November 2010 at which the Minister of Justice stated that she had initiated disciplinary proceedings, as she considered that by not allowing the auditors to carry out their task the applicant had acted contrary to the law. The Minister was persuaded that such an audit would not in any way undermine the Supreme Court’s independence. The audit concerned exclusively the use of public funds, and the applicant’s position cast serious doubt on the trustworthiness and functioning of the judiciary as a whole. |
Ömer Davut Akyol | 9. The soldiers took positions in the form of two circles around Yılmaz Özcan's house before the first lieutenant knocked on the door. Yılmaz Özcan opened the door, ran back inside the house and jumped from the window into the garden at the rear of the house. There he was met by expert sergeant |
Shamsudi Vakayev | 81. On 9 February 2006 the prosecutor's office of the Chechen Republic issued, at the first applicant's request, a progress report in case no. 46060 stating that the investigation into the kidnapping of |
Carlos A. Vallejo Lopez | 40. On the same date the neurosurgeon Dr Vallejo Lopez wrote the following statement (original in English):
“Mr Alexander Matthew [sic], with Lumbalgia and Radicular pain at the level of L5-S1 (Lumbar Discal Hernia S5-S1) is under medical treatment with Physical Therapy, but his condition is not so good, specially the aspect of the pain. Considering the situation of the patient like prisoner (K.I.A. Aruba) it is very difficult to give guarantee that the medical treatment and Physical Therapy treatment are going in the normal direction.
Mr Matthew has indication for surgical procedure, but this indication at the present is not so clear, because of the abnormal situation of the patient. I suggest to have a second opinion with another Neurosurgeon and then it will be possible to define this difficult case.
Considering that Aruba has only one Neurosurgeon, we have to explore the needs to get a second opinion with the Neurosurgeon that periodically is visiting the Island or one Neurosurgeon from abroad.
The need for a second opinion to evaluate the case of Mr Matthew is Medically necessary.
[signed] Dr |
Mehmet Salgın | 17. According to a report prepared by the Police Laboratory on 16 August 1993 concerning the examination of “the pistols found after the police operation involving members of the THKP-C/Dev Sol[1]”, the pistol found outside the café next to the body of |
Yu. Askhabov | 69. On 20 January 2010 the investigators questioned Mr A.Gr., the deputy head of the criminal search division at the Shali ROVD, who stated that after the elimination of the leader of an illegal armed group, |
the ‘Elephant of Tskhneti’ | 9. At the same time the applicant contended that he had first learnt about the nature of the charges against him when glancing at the television in the room of the CPD used for questioning. The evening news of 26 June 2004 reported, quoting the investigator in charge of the case, that the applicant, “a.k.a. |
Vakha Ibragimov | 30. Mr Suliman Magomadov was born in 1978 and his brother, Mr Salambek Magomadov, was born in 1980. On 23 May 2002 (in the documents submitted the date was also referred to as 25 May 2002) a group of armed servicemen abducted the brothers from their house at 19 Shkolnaya Street.
(j) Abduction of Mr |
A.R. “Vanagas” | 54. Regarding the applicant’s conviction for genocide, the Supreme Court found it established that by 1956, when the crime was committed, the applicant had already been working for the MGB, which he had joined “consciously and voluntarily”, for four years. Before that, he had completed the Vilnius School of MGB Operational Staff Training, where he studied for two years. It was noteworthy that the applicant had studied at the security service school and started his service in the security structure during the period when the national resistance movement against the occupying power was active. He was not an ordinary officer: from 1952 he was a member of the USSR Communist party, and after graduating from the MGB school he was granted the rank of officer-lieutenant. The applicant worked at the Lithuanian MGB/KGB 2-N board, the main function of which was the fight against the national resistance movement. It was also noteworthy that the division where the applicant had worked carried out surveillance of the members and leadership of the Lithuanian national underground movement. Furthermore, at the time of the arrest of |
Liliane Bettencourt | 41. In a judgment of 19 March 2010 the Paris Court of Appeal upheld the decision appealed against, mainly in the same terms as those set out in paragraph 35 above. It reiterated that the witness statements, “without engaging in any extensive interpretation of [section 38]”, could be characterised as procedural documents, even though the investigation had been discontinued: “the fact that they were transmitted at the request of the private prosecutor and not on the initiative of the public prosecutor is of little relevance in this connection because they support the prosecution case”. It went on to find that “consequently, the mere publication of substantial extracts from those statements, before they had been referred to or read out in open court, [had] indeed constituted a violation of section 38 of the Law of 29 July 1881 and therefore an unlawful nuisance”. The Court of Appeal further found as follows:
“... the four statements thus presented to the public portray [B.] as a devious and unscrupulous individual, using seduction, manoeuvres and psychological pressure to persuade |
the Minister of the Interior | 15. Following the first applicant’s prosecution, disciplinary proceedings were started against her. In that connection she gave evidence in person, furnished written explanations and was informed of the contents of the file. Under an order issued by |
Vladimir Shamanov | 74. On 26 October 2001 the investigator questioned Major-General Yakov Nedobitko, who had headed the operation in Katyr-Yurt. He testified that at the relevant time he had headed a division of Interior Ministry troops which belonged to the Western Zone Alignment, headed by Major-General |
Geoffrey Lerway | 11. The first applicant's defence was that at the time of his arrest he believed he was taking part in a transaction to sell stolen jewellery. He alleged that his participation had been organised by a man named |
Mehmet Salih Acar | 138. İlhan Ezer made the following statement:
“On the day of the incident I was eating lunch in the field below Ambar with Mehmet Salih Acar, who has been abducted. A grey Renault TX-model car without licence plates with two people in it drove towards us. They asked for our identity cards. After looking at them, they returned my card, but did not return that of my friend |
Abdul-Malik Shakhmurzayev | 28. On an unspecified date the investigators questioned Mrs Z.A., Abdul-Malik Shakhmurzayev’s sister, who stated that her brother A.-M. Shakhmurzayev had been working as a driver and transporting oil waste products in a ZIL-131 lorry. On 8 February 2001 he went to work. On the same day she found out from residents of Chechen-Aul that he and two other men from their village had been detained by unidentified men in camouflage uniform who were driving around in three APCs. Eyewitnesses had told her that they had seen a group of men in camouflage uniform who had stopped her brother’s lorry at the entrance to the village. One of the men had tried to escape, but he was wounded in the leg and caught. The men in APCs put |
Makka Dolsayeva | 67. On 20 July 2007 the applicants' lawyer Mr M.A. submitted to the SRJI a written statement concerning his study of the investigation file in case no. 61144. In this letter he described the following:
“... the criminal case file comprises one volume. The case was opened on 30 October 2002 ... |
Professor X | 8. On 16 June 1988 the Helsinki District Court (raastuvanoikeus, rådstuvurätten) held its first hearing. Upon the parties’ request the case was adjourned until 6 October 1988. Subsequently the case was adjourned on several occasions. The District Court received oral evidence from about 30 witnesses, many of whom were medical specialists, including |
Ramzan Suleymanov | 9. On 16 May 2000 Petimat Aydamirova's brother, Aslanbek Aydamirov, came to Gekhi to visit his sister. He told her that their mother, who lived in the village of Roshni-Chu, in the Urus-Martan district, was ill. The family decided to visit her on the same day. |
Saidalvi Saidsalimovich Luliuyev | 7. The first applicant, Mr Turko Saidalviyevich Luluyev, is a Russian national who was born in 1979. His application was brought on his own behalf and on behalf of his close relatives: his father Mr |
Ramzan Saidov | 15. A certificate issued by the Grozny District department of the interior dated 12 November 2005 reads in the relevant parts as follows:
“[This is] to certify that criminal case no. 56723 has been opened into the kidnapping of [ |
Ahmet Doğan | 10. On 21 February 2007 the Ankara public prosecutor initiated criminal proceedings against twenty-three people, including the applicants, charging them with disseminating propaganda in favour of the MKP, under section 7(2) of the Prevention of Terrorism Act (Law no. 3713). According to the indictment, during the gathering of 21 June 2005, slogans such as “Long live revolutionary solidarity” (“Yaşasın devrimci dayanışma”), “We have paid a price. We will make them pay a price.” (“Bedel ödedik, bedel ödeteceğiz.”), “Murderer State” (“Katil devlet”), “Revolutionary martyrs are immortal” (“Devrim şehitleri ölümsüzdür.”), “Martyrs are immortal” (“Şehit namırın”), were chanted and the applicants participated in the gathering. The public prosecutor further noted that Mr |
Magomed Umarov’s | 63. On 18 August 2006 the investigating authorities questioned S. B., on 26 August 2006 they questioned F.D. and on 4 September 2006 S.-E. M., but those individuals submitted that they knew nothing about |
Akhmed Rezvanov's | 22. On 10 July 2003 the military prosecutor's office of the United Group Alignment (“the UGA prosecutor's office”) forwarded the first applicant's complaint to the unit prosecutor's office and ordered that an inquiry be conducted into the possible implication of military servicemen in |
Bedaettin Bahattin Gülşen | 7. On 3 May, 21 June, 22 June, and 25 October 1999 the Court of Cassation upheld the Gebze Civil Court of First Instance's judgments in respect of Aziz Yıldırım, Aykut Kocaman, Kamil Dağlı and Ahmet Güzel, |
Ioan Ţiriac | 96. A number of articles in the Braşov local newspaper M. reported that after her visit to the CEPSB on 9 January 2001, Baroness Nicholson of Winterbourne, rapporteur for the European Parliament, had expressed the view that children in the centre’s care should not travel abroad to join their adoptive families because the CEPSB had formed a genuine family in which the children received a good upbringing and education. The articles also reported that Mr |
Sarali Seriyev | 52. On the same date, 2 July 2004, the applicant was questioned by the investigators. According to a partial copy of his witness statement furnished by the Government, in the late afternoon of 1 June 2004 he had been at home with his relatives. His son Sarali was in the house while his daughter, the second applicant, was in the yard. At about 5 p.m. a masked man in camouflage uniform armed with an automatic weapon had entered the room where the first applicant was resting. The man asked the applicant in Russian whether any other men were in the house. The applicant responded that his children were on the second floor of the house and then followed the man outside. In the yard he saw a group of about eight masked men in camouflage uniforms, armed with automatic weapons; the second applicant was showing her brother's documents to them. One of the men sprayed the second applicant's face with a liquid from a spray can and took |
Miloš Jurišić | 24. On 5, 8, 15 and 19 November 2007 police interviewed the following twenty-five applicants on the premises of the Niš Penitentiary: Mr Srđan Lomigora, Mr Siniša Stanković, Mr Vladimir Ivljanin, Mr |
Isa Aytamirov | 7. At the material time the first applicant lived with Isa Aytamirov in the town of Argun, in the Grozny district of Chechnya. The second applicant lived at 36 Gagarina Street, in the village of Novy Tsentoroy, in the Grozny district of Chechnya. |
Vladimir Alekseyevich Zhigalev | 82. The applicant submitted to the Court a copy of Land Certificate no. 30020006 which stated:
“STATE CERTIFICATE
on rights of ownership of land, life-time inheritable possession and (permanent) use of land without limit of time
no. 30020006
This state certificate is issued to the following owner, property-holder and/or user of the land:
|
Abdul-Malik Shakhmurzayev | 45. On an unspecified date the investigators requested the Grozny department of the FSB and the ROVD to establish whether any law enforcement agencies or military units had been involved in the abduction of the applicants’ relative. They were also requested to establish which units of federal forces had been stationed on the premises of the former canning factory in Gikalo in 2001 and whether |
Moreno Gomez | 21. On 16 November 2004 the European Court of Human Rights (hereinafter “the Court”) delivered a judgment in the case of Moreno Gómez v. Spain (no. 4143/02, ECHR 2004‑X). In the light of this judgment, the public prosecutor lodged an appeal against the Constitutional Court’s decision, asking for the admission of the applicant’s amparo appeal. On 31 January 2005 the Constitutional Court upheld the public prosecutor’s appeal and declared the amparo appeal admissible. The Constitutional Court stated that the judgment issued by the European Court of Human Rights in the case of |
Abuldhakim Güven | 460. Mr Çem was recorded as stating that he sympathised with the PKK because of his Kurdish origins and had used his professional skills to assist it - acting as a courier and defence lawyer. He was engaged in disseminating propaganda to discredit the Turkish State abroad. He conveyed oral instructions to |
Richard Linford | 20. Shortly before 1 a.m. on 29 November 1994, a prison officer heard a buzzer sound. He saw no red light on the D-landing control panel and saw a prison officer go to check the other landings. Some time later, he heard continuous banging on a cell door on his landing. On going to investigate he saw the green light on outside cell D1-6. Looking through the spy hole, he saw |
Valid Dzhabrailov's | 39. On 2-3 March 2004 the Chechnya Bureau of Forensic Expert Evaluations conducted an expert evaluation of Valid Dzhabrailov's body based on the crime scene examination report of 17 February 2003. According to the expert's conclusions:
“...Based on the crime scene examination report and the circumstances of the case I conclude the following:
The following injuries were found on |
Adolfas Ramanauskas “Vanagas” | 14. The Seimas, inter alia, having regard to the fact that on 6 March 2018 it was 100 years since the birth of A.R. “Vanagas”, emphasising the importance of the partisan movement fighting against the Soviet occupation, seeking to give due respect to that historic personality for the Lithuanian nation, proclaimed the year 2018 as the year of |
Suren Muradyan | 78. On 19 November 2004 the Military Prosecutor of Armenia lodged an application with the Court of Cassation seeking to re-open the proceedings concerning the criminal case against officer V.G. on the basis of a newly established circumstance. The Military Prosecutor submitted that all possible hypotheses had been verified and it had been established that, apart from the incident of 21 July 2002, |
Shelestovskaya | 7. On various dates they sued their employer military units, a military commissioner’s office or the competent federal ministries in courts for payment of monetary sums on account of their service in the military forces or some specific missions undertaken during this service, such as field works (case of Kulkov) or peace-keeping operations in Bosnia-Herzegovina (case of |
Brian Nelson's | 28. In answer to a parliamentary question published on 15 May 1995, Sir John Wheeler MP said that the DPP had concluded that there was insufficient evidence to warrant the prosecution of any person, despite |
Hacı Hevina | 136. The hamlet of Gümüşsuyu is 15 minutes away from Deveboyu on foot on a rough tractor track. The villagers in Gümüşsuyu have fields in Deveboyu and so the villagers of both hamlets knew each other. The applicant's aunt, |
Aslan Dudayev | 20. On 9 July 2002 the investigators questioned the applicant’s neighbours Mr V.A., Mr A.Ch. and Ms Ay.V., whose statements were similar to the one given by Mr V.M. Ms Ay.V. also stated that at about 3 a.m. someone had demanded that she open her door and let in the wife of Mr |
Rebih Çabuk | 9. On the same day the applicant’s husband was taken to the police station to give a statement. He stated that on 3 October 1994, at 9 a.m., he saw Sefer Cerf collapse after he being shot. He did not see the identity of the two gunmen who immediately ran away. The applicant alleges that her husband was taken to the police station on the pretext of giving a statement. However, he was threatened by the police officers and was asked about his association and friendship with |
Mehmet Desde | 11. On the same day at 1.10 p.m. the applicant was interviewed by the police in the absence of a lawyer. The applicant was asked, inter alia, what his ideology was, for how long he had been reading the periodical Çağrı that had been found and seized in his place of work, and which other meetings or demonstrations – held within a democratic platform – he had participated in. The applicant explained that he regularly bought the periodical Çağrı from a newspaper kiosk and enjoyed reading it. This periodical, which was sold legally, was supportive of leftist ideas. He also stated that he was friends with |
Yunis Aydemir | 8. At around 8.30 a.m. on 5 July 2000, members of the security forces arrived at the prison in large numbers. Using the furniture in their dormitories the inmates unsuccessfully tried to block the doors to stop the soldiers from coming in. The soldiers locked the windows to the prison cells, set fire to the cell doors and tried to confine the inmates in one part of the prison, measuring 25-30 square metres. The applicants |
Akhdan Akhmetkhanov | 67. At the same time the first applicant was awakened by two men who walked into her room. They asked her how many sons she had. She replied that she had four sons and confirmed that Akhdan was the youngest. Then she heard the second applicant screaming that Chingiz (Mr |
Victor Yanukovych | 9. During the periods from 24 January to 8 September 2005 and from 18 December 2007 to 3 March 2010, she exercised the function of Prime Minister of Ukraine. Before becoming Prime Minister, the applicant was one of the leaders of the Orange Revolution, during which she had openly criticised the then rival presidential candidate |
Khamzatov M | 30. On 14 March 2003 the deputy prosecutor of the prosecutor’s office of the Chechen Republic (“the republican prosecutor’s office”) forwarded the first applicant’s query about the investigation into the death of his son to the military prosecutor’s office and instructed the latter authority to provide the applicant with the relevant information. The letter stated that on 30 November 2001 criminal case no. 19173 “opened in connection with the shooting by the servicemen of Battalion Tactical Team 205 (“BTT-205”) of the Separate Motorised Rifle Brigade (SMRB) (hereinafter also “the 205th brigade”) at the VAZ-2109 vehicle in the village of Starye Atagi of the Groznenskiy District, causing the death of |
Idris Gakiyev’s | 49. On 22 October 2004 the SRJI, acting on the applicants’ behalf, requested the town prosecutor’s office to inform them of progress in the investigation in case no. 26075. On 27 December 2004 the prosecutor’s office of the Chechen Republic replied that the investigation into |
Balavdi Ustarkhanov | 7. At the material time the applicant and her son Balavdi Ustarkhanov lived in Achkhoy-Martan, Chechnya. On 31 December 2002 Balavdi Ustarkhanov went to Zakan-Yurt to celebrate the New Year holiday with his friend, Mr Magomed M. On the same day he had a fight with local residents and received several cuts. He was taken to a local hospital where his cuts were treated and a bandage was placed around his head. |
Polikseni Pistika | 13. In the meantime, Ms Polikseni Pistika’s legal guardian had commenced two legal challenges against the above decision. In this connection on 10 March 1999 the legal guardian filed an action in the 7th Chamber of the Istanbul Magistrate’s Court for the re-opening of the proceedings. His request was dismissed on 27 May 1999. The appeal proceedings against this decision came to an end as a result of the death of Ms |
Olivier Morice | 37. In an order of 2 October 2001, an investigating judge at the Nanterre tribunal de grande instance committed the applicant and the two other defendants to stand trial before the Criminal Court on account of the following passages from the impugned article.
“The judge [M.] is accused by |
Timur Khambulatov’s | 23. On 29 May 2004 the Chechnya prosecutor’s office informed the applicant that her son had been arrested in the course of a special operation carried out by the FSB, the military and two policemen of the Naurskiy OVD. They further stated that the military prosecutor’s office of military unit no. 20111 had decided not to institute criminal proceedings against the FSB servicemen and the military personnel, that the criminal proceedings against the policemen of the Naurskiy OVD were pending and that an exhumation of |
François Mitterrand | 16. In a judgment of 14 December 1999, the Court of Cassation dismissed an appeal on points of law by Mr Orban and the applicant company. In response to their ground of appeal based on Article 10 of the Convention, it held:
“... the Court of Appeal held that all the information published had been obtained by Mr Gubler in the performance of his professional duties as private physician to |
Raymond Aubrac | 15. Mr and Mrs Aubrac then set out those of the applicants’ allegations which they considered defamatory and their reasons for so considering them:
“A. The circumstances of Raymond Aubrac’s arrest in March 1943
The first falsehood of which the Aubracs are accused is that |
Raisa Yefimovna Kovalenko | 4. Ms Aleksandra Nikolayevna Girya was born in 1954. Ms Anna Filipovna Seroshtan was born in 1946. Ms Yuliya Trofimovna Butenko was born in 1941. Ms Svetlana Aleksandrovna Tur was born in 1960. Mr Nikolay Grigoryevich Kovalenko was born in 1945. Ms |
Nurhan Şentürk | 80. At the relevant time, the applicant’s son Ferhat lived with him and helped him at his building site. Ferhat also worked for Özgür Gündem as a provincial reporter. He was not politically active. However, he had been taken into custody on two occasions before his disappearance. His first detention, on charges of aiding and abetting the PKK, took place three or four months before his release on 2 February 1992. The second arrest was probably on 12 July 1993, when he had not been taken into police custody. Ferhat was taken to the police station, where he met a police officer from the anti-terrorist department called |
Musa Ilyasov | 39. On 1 August 2003 the UGA military prosecutor's office informed the first applicant that the military prosecutor's office of military unit no. 20116 had examined her complaint about Musa Ilyasov's abduction but had failed to establish his whereabouts or the identity of his abductors. The first applicant was directed to address any further enquiries to the district prosecutor's office, which had instituted a criminal investigation into the abduction of |
Isa Aytamirov's | 31. On 17 May 2005 the applicants' representatives wrote to the district prosecutor's office describing in detail the circumstances of Isa Aytamirov's abduction by Russian servicemen. They pointed out that the investigation into |
Magomed-Ali Abayev | 12. Then the second applicant went to the fourth applicant's house and told her Anvar Shaipov had been arrested. The second and the fourth applicants immediately went to the town centre, where they met the first applicant. In the late afternoon all of them managed to speak to the deputy head of the Urus-Martan district administration, Mr L.M., who told them that |
Aminat Gelayeva | 85. On 10 October 2006 the investigators refused to initiate a criminal investigation into the applicants' complaints of ill-treatment by the abductors. The text of the decision included the following:
“... the investigators questioned |
Visadi Shokkarov’s | 11. At some point the first applicant retained a lawyer to represent his son’s interests. On 27 and 31 January, as well as on 5 February 2003, the lawyer requested that he be allowed to contact Visadi Shokkarov, but to no avail.
(c) |
Nikša Hrdalo | 13. On 18 March 2004 the daily newspaper Slobodna Dalmacija reporting from the Government’s meeting of 17 March 2004, reported on the applicant’s removal from office. A small article entitled “Removals and appointments [Razrješenja i imenovanja]” in its relevant part read as follows:
“In Dubrovnik-Neretva County the Government relieved |
Nebojša Gladović | 9. On 29 March 2007 two prison guards, Z.V. and F.K., each drew up a report on the use of force on the applicant.
The report drawn up by Z.V. reads:
“On 29 March 2007 at 8.20 a.m. when I was doing my round of the prisoners’ cell no. 29 I heard four or five strong blows of a bench against the door of cell no. 44. After that the Head of the Second Ward, F.K., in the presence of J.Č. and me, opened the cell door. The detainee |
Yılmaz Yeşilırmak | 19. On 26 August 1994 the Public Prosecutor of the Istanbul State Security Court filed a bill of indictment, charging the applicants under Article 169 of the Criminal Code with aiding and abetting an illegal organisation. The summary of the relevant parts of the indictment provided as follows:
“... In view of the accused’s statements given at different stages of the criminal proceedings, the arrest report, the house search and seizure reports, the seized pamphlets, banners and slings which were found on the accused at the time of arrest, the expert report and the content of the case file, it has been established that: 1. The accused |
Krasimir Nikolov Iliev | 20. A letter from the second and third applicants, dated 7 June 2004, was received by the first applicant opened, dated and stamped with the seal of the Ministry of the Interior, assigned a reference number and with a handwritten note indicating that it was “For |
Judith McGlinchey | 12. At the health screening on her arrival at the prison on 7 December 1998, Judith McGlinchey was noted as not seeming excessively withdrawn, depressed or anxious. She weighed 50 kg. She complained of swelling to her left arm, withdrawal symptoms from her addiction and suffering from severe asthma especially when withdrawing, and was kept in the health-care centre pending an examination by a doctor. That evening, |
Apti Zaynalov | 44. On 27 and 28 July 2009 the applicant was questioned. She reaffirmed her previous submissions. The applicant stated, inter alia, that in Saratov on 23 June 2009 her son had told her that he was going to Moscow and then to Egypt. He had had no intention of coming to Chechnya. She also submitted that she had learned from Mrs Estemirova that Mr |
Rosenstingl | 10. On 29 May 2001 the St. Pölten Regional Court (Landesgericht) held a hearing. Mr Rosenstingl, who had been called as a witness, had refused to give evidence on the ground that he risked incriminating himself. According to the minutes, the applicant contested that Mr |
Jose Joao Olas Pinto | 16. On 3 May 2006 the Directorate decided that he should be expelled from Norway under section 29(1)(a) of the Immigration Act 1988 (according to which an alien may be expelled if he or she has committed serious or repeated violations of one or more provisions of the Act). Reference was made to the fact that by having provided false information in connection with his application for work permit on 23 December 1999, he had violated section 44 (cf. section 47(1)(b) of the Act). He had submitted false information regarding his date of birth, identity and nationality. Whilst the first applicant had stated that his name was |
Sergeant R. | 51. Following the District Prosecutor's decision not to bring charges, J.'s family brought a private prosecution. It appears that some of them were granted free legal assistance. In April 1996 they brought charges against Senior Constable T.L. for aggravated assault and abuse of office, on the ground that he had shot at J. at 18 metres' range, inflicting bodily harm. They also preferred charges against Senior Constables A. and L. for manslaughter and aggravated abuse of office, on the ground that they had shot J. in the head at six metres' range with a 9 x 9 millimetre lead shot, in a situation where he had manoeuvred only his upper body through the door opening. Lastly, |
Magomed Shakhgiriyev | 91. The investigators questioned a number of applicants and other relatives of the victims. The first applicant was questioned and granted victim status on 25 December 2002. She gave statements relating to the kidnapping of her son, |
Milan Momić | 7. The applicants complained of non-enforcement to the Constitutional Court of Bosnia and Herzegovina (“the Constitutional Court”). On 12 April 2006, 14 March 2006, 9 May 2006 and 13 December 2007 the Constitutional Court found a breach of Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention in the cases of Mr |
I. Ibrahimov | 28. On 1 March 2004 the head of the investigation team issued a decision severing a new criminal case (no. 80365) from criminal case no. 80308. The new case concerned seven accused persons in total, including the four applicants and Mr I. Agazade, Mr |
Zarema Gaysanova | 8. For an unspecified period of time, prior to August 2008, the first applicant was married to Mr A.Kh. who was wanted by the authorities for active membership in illegal armed groups. On 31 October 2009 he had been killed as a result of a special operation carried out by the authorities in Grozny (see application Gaysanova v Russia, no. 62235/09 concerning alleged abduction of the applicant’s daughter Ms |
Yevgeniy Geppa | 17. On 25 October 2004 the Penitentiary Department replied to the applicant that her enquiry had been examined by its medical division. It informed the applicant that Yevgeniy Geppa's medical file at the colony contained records on his past organic brain lesion of complex origin (owing to a traumatic brain injury and drug abuse), with emotional instability and compensatory behaviour, and epileptic syndrome; he was also diagnosed with chronic pyelonephritis of his only kidney at the stage of remission. It stated that he was receiving the necessary medical care. When interviewed, |
Jonas Žemaitis–Vytautas | 52. As to the partisans’ role specifically, the Supreme Court stated:
“26. When the Soviet Union occupied Lithuania for the second time, tens of thousands of Lithuanian residents joined the struggle against the occupants. In 1944-45, about 30,000 armed men joined forces in the forests. ... The majority chose armed struggle consciously and were committed to fighting until the restoration of an independent Lithuanian State... Partisan groups regulated their activities with statutes and rules. Those who joined the partisans took an oath. Partisans wore military uniforms with distinctive signs. The ten years of resistance, also known as the Lithuanian War or the resistance or partisan war, is exceptional in the history of Lithuania from several aspects: its duration (almost ten years), universality (during the entire period there were at least 50,000 active members of the armed resistance and about 100,000 others who participated in the resistance as members of underground organisations and supporters), and the unequal balance of power which was unfavourable to the Lithuanian partisans .... On 10-20 February 1949 an assembly of Lithuania’s partisan commanders took place; this brought together the units of the anti-Soviet resistance into one organisation, namely the Movement of the Struggle for the Freedom of Lithuania (LLKS). This organisation, under the leadership of General |
“Boomerang Alexander Grigoryevich” | 44. About 20 servicemen in military camouflage uniforms came into the house, some of them wearing masks. The servicemen spoke Russian between themselves and to the applicant, with no trace of an accent. They searched the house without showing any warrants or providing explanations. During the search the applicant managed to talk to the senior officer in the group. He was wearing camouflage uniform and had no mask, and the applicant described him as being about 40 years old, about 180 cm tall and bearded. The officer told her that his name was |
Gavrielides’ | 15. The applicant was found guilty by the Assize Court on 10 March 1999 and sentenced to three years’ imprisonment. He appealed against his conviction to the Supreme Court. The appeal (no. 53/99) was referred to a division of the Supreme Court consisting of three judges. The first ground of appeal concerned Justice |
Musa Akhmadov | 55. On 19 February 2004 the military commander of Chechnya requested the military commander of the Vedeno district, the district departments of the Interior and the FSB to investigate the facts as presented by the first applicant and to take steps to find |
Musa Vakhidov | 256. On the same date Ms Ya. was questioned by the investigators. She stated that in the morning of 22 June 2000 she had been selling sunflower seeds near the bus station when she had seen an APC arrive at the bus station. A group of military servicemen in camouflage uniforms had got out of the APC and walked up to |
Labaz Umarov | 70. On 28 November 2007 the investigators again questioned the investigator in charge of the criminal case opened against Mr S.S. and Mr M.R., Mr A.A., who stated that he had heard from someone that following the special operation conducted on 28 April 2007 in Salavatova Street three people had been detained. He did not know for sure who the third person was, but it could have been |
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