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Gurban Huseynov
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67. Numerous press releases from the Azeri Press Agency issued between June 2010 and May 2012 mentioning ceasefire violations in various areas including the area of Gulistan. The text most frequently used by these press releases reads as follows: “Armenian armed forces fired on the opposite Azerbaijani Armed Forces from posts near Gulistan village” or “... from posts in the nameless upland near Gulistan” or “enemy units fired on the positions of Azerbaijani armed forces from the posts ... near Gulistan in Azerbaijan’s Goranboy region”. One of these press releases, dated 3 March 2012, reports that “Azerbaijani lieutenant
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Yakup Aktaş's
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116. He had first interrogated Yakup Aktaş one or two days after his arrest. Yakup Aktaş had denied the accusations made against him by Ali Alay. Ali Alay had then been brought into the interrogation room and had been asked to relate once more his account of
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Ramzan Babushev
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64. According to the Government, the investigation of the criminal case had been suspended and resumed on a number of occasions. However, it was still in progress and operational-search measures aimed at establishing the whereabouts of
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Mahmut Aktaş
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135. The applicant's brother, Mahmut Aktaş, who was also an intervener in the proceedings, stated that his brother Yakup had been in custody for one week when the news of his death was received. Apart from when Yakup was detained in Derik, he had not been able to see him in detention. Yakup had had not been suffering from any illnesses whatsoever. He had washed Yakup's body; there had been a wound on the forehead and traces of beating on the right side of the back and on the arms. He believed that Yakup had died as a result of torture. The report of the post-mortem examination and autopsy and the report of the Institute of Forensic Medicine were read out.
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Gegham Sergoyan
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37. On 1 October 2009 the applicant lodged an appeal. He submitted, inter alia, that lieutenant H.G. had committed the crime during his service while assigned to duty in the military unit on 15 April 2007.
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Mehmet Akan
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134. In around December 1993, the investigation into the killing of Derviş Karakoç and Mehmet Akan was also referred to his office as these persons had been killed in the district of Arıcak, which fell within the jurisdiction of Palu. In late 1993 the witness was appointed to a different post; he was therefore unable to provide any information concerning the outcome of the investigation into the killing of these two persons. However, the witness confirmed that the file on the investigation into the killing of
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Abdul Kasumov’s
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10. The men pointed their guns at the applicants and their relatives. Then they broke down the door into the dwelling where Abdul Kasumov was sleeping with his wife and son. The men grabbed him, pulled a mask over his head and took him outside in his underwear. Next, they took
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Tamara Trofimovna
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7. After the institution of the Convention proceedings, Mr Boiko Vladimir Ivanovich, Mr Bakushev Valentin Ivanovich, and Mr Butorin Viktor Nikolayevich died. Their widows, Mrs Boiko Valentina Iosifovna, Mrs Bakusheva
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Khaled El-Masri
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45. As to the applicant’s case, the 2006 Marty Report stated, inter alia:
“3. Specific examples of documented renditions 92. We spoke for many hours with Khaled El-Masri, who also testified publicly before the Temporary Committee of the European Parliament, and we find credible his account of detention in Macedonia and Afghanistan for nearly five months.
... 102. Mr El-Masri’s account is borne out by numerous items of evidence, some of which cannot yet be made public because they have been declared secret, or because they are covered by the confidentiality of the investigation under way in the office of the Munich prosecuting authorities following Mr El-Masri’s complaint of abduction. 103. The items already in the public domain are cited in the afore-mentioned memorandum submitted to the Virginia court in which Mr El-Masri lodged his complaint:
• Passport stamps confirming Mr El-Masri’s entry to and exit from Macedonia, as well as exit from Albania, on the dates in question;
• Scientific testing of Mr El-Masri’s hair follicles, conducted pursuant to a German criminal investigation, that is consistent with Mr El-Masri’s account that he spent time in a South-Asian country and was deprived of food for an extended period of time;
• Other physical evidence, including Mr El-Masri’s passport, the two T-shirts he was given by his American captors on departing from Afghanistan, his boarding pass from Tirana to Frankfurt, and a number of keys that Mr El-Masri possessed during his ordeal, all of which have been turned over to German prosecutors;
• Aviation logs confirming that a Boeing business jet owned and operated by defendants in this case [a US-based corporation, Premier Executive Transportation Services, Inc., and operated by another US-based corporation, Aero Contractors Limited], then registered by the FAA [US Federal Aviation Administration] as N313P, took off from Palma, Majorca, Spain on January 23, 2004; landed at ... Skopje Airport at 8:51 p.m. that evening; and left Skopje more than three hours later, flying to Baghdad and then on to Kabul, the Afghan capital [a database of aircraft movements, compiled on the basis of information obtained from various sources, was attached to the 2006 Marty Report];
• Witness accounts from other passengers on the bus from Germany to Macedonia, which confirm Mr El-Masri’s account of his detention at the border;
• Photographs of the hotel in Skopje where Mr El-Masri was detained for 23 days, from which Mr El-Masri has identified both his actual room and a staff member who served him food;
• Geological records that confirm Mr El-Masri’s recollection of minor earthquakes during his detention in Afghanistan;
• Evidence of the identity of ‘Sam’, whom Mr El-Masri has positively identified from photographs and a police line-up, and who media reports confirm is a German intelligence officer with links to foreign intelligence services;
• Sketches that Mr El-Masri drew of the layout of the Afghan prison, which were immediately recognisable to another rendition victim who was detained by the US in Afghanistan;
• Photographs taken immediately upon Mr El-Masri’s return to Germany that are consistent with his account of weight loss and unkempt grooming.
... 113. One could, with sufficient application, begin to tease out discrepancies in the official line. For example, the Ministry of Interior stated that ‘the hotel owner should have the record of Mr El-Masri’s bill’, while the hotel owner responded to several [e]nquiries, by telephone and in person, by saying that the record had been handed over to the Ministry of Interior.
... 125. All these factual elements indicate that the CIA carried out a ‘rendition’ of
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Mehmet Sayğı
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8. The same day the Suruç prosecutor D.K. questioned Aişe Sayğı in relation to her above-mentioned petition. Mrs Sayğı confirmed the contents of her petition detailed above and added that the family had been informed about the incident some two days afterwards by villagers who had witnessed the incident. Her elder son,
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Nihat Konak
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88. On the other hand, two other (non-complainant) escaped prisoners, namely İ.D. and E.D. (from dormitories nos. 5 and 4 respectively) levelled accusations at some of the current and former applicants.
İ.D. explained that he had been kidnapped and interrogated under threat of death by the applicants
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Seliverstov
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31. On 27 November 2007 the investigators questioned police officer G.O., who made a statement about the events similar to that given by his colleague, sergeant I.S. (see paragraph 27 above). In addition he stated that he and his colleagues had been providing security for the hotel’s residents, including the Deputy Ministers of the Interior Selivanov and
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Vladimir Putin
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9. On 9 December 2005, at a ceremony to mark the start of work on the Baltic Sea gas pipeline (“Ostseepipeline”), it was announced that Mr Schröder had been appointed chairman of the supervisory board of the German-Russian consortium NEGP (Konsortium Nordeuropäische Gaspipeline). The aim of the consortium, which had its registered office in Switzerland and was controlled by the Russian company Gazprom, was to build a gas pipeline to supply Russian gas to western Europe. The agreement on the principle of building the pipeline had been signed on 11 April 2005 by the German company BASF and Gazprom in the presence of Mr Schröder and the Russian President
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Halime Acar
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53. In a petition dated 21 February 1999, the applicant Osman Acar informed the Denizli Assize Court that village guards, including Cengiz Kaçmaz, had threatened members of his family, in particular his brother Selim Acar and his wife
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V.A. Zhigalev
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46. On 14 April 1992 the Head of the District Administration had adopted Resolution no. 111 which stated that, pursuant to the above decision by the administration of Kapustin collective farm, a plot of 31 hectares from the land of Kapustin collective farm was to be given, free of charge, in ownership, for the founding of Luch Farm. In the same Resolution the District Administration had ordered that a plot of 315 hectares of plough land be given to Luch Farm in lease for five years. The Resolution had further confirmed
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Fatime Darwish Murty Khan
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29. The applicant was the wife of Abdula Teli Hussein, one of the shepherds allegedly killed by members of the Turkish army. She stated:
“That morning, the 2nd of April 1995, I set out with my husband and the other shepherds and women to tend to the sheep. There were seven shepherds and four women including myself. We had not gone very far from the village when we met the Turkish soldiers. There was a large number of soldiers and they surrounded us. They started to attack us and hit us with their rifle butts and shouted abuse at us. They hit the women as well as the men. After some time they told the women to go back to the village. The men were still with the soldiers when we left. At this time there were seven shepherds with the soldiers.
We went back to the village and told the men of the village what had happened.
The men of the village set out to go to the Turkish army officers to ask them to let the shepherds go as they were not doing any wrong. The men made many representations to the army officials throughout the day and they went to Anshki to make further representations. They said that they were told to return to the village and warned not to look for the men. The men went out to look for the shepherds and found the flocks of sheep but there was no trace of the shepherds. The following day the village men once again went off to look for the shepherds. They found the bodies of five of them. Two days later the bodies of the other two were found.
I saw the body of my husband. He had been killed by many bullets. The body was taken to the hospital.
I want you to take the necessary action against the soldiers for what they have done to my husband.”
(d)
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Adam Makharbiyev’s
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32. On 14 June 2002 the first applicant again complained about the abduction to the Prosecutor General. She stated that her son had been abducted by servicemen at the military checkpoint when he had been driving with his two cousins in a black VAZ-2106 car from Grozny to Gekhi; that after the abduction her son and his relatives had been taken to the district military commander’s office and that she and the second applicant had witnessed the abduction. She further provided a description of the abductors’ vehicles and pointed out that Mr L.M. and Mr I.M. had been released a few days after the abduction, and that about a week later Mr L.M. had returned his car, which had been taken away by the abductors; that during the release from detention Mr L.M. had mistakenly been given
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Shamil Basayev
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14. They also submitted that the investigation in respect of Isa Kushtov’s activities was discontinued on 10 October 2006 due to his death. It has revealed Isa Kushtov’s participation in the activities of
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Abdulhakim Güven
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10. On 6 March 1994 the four men were travelling from Cizre to Silopi in a vehicle which was being driven by Ömer Candoruk. They were stopped by gendarmes at a checkpoint approximately five to six kilometres outside the town of Silopi. Two unmarked Renault cars were parked nearby. At that point, a certain Mr A.M., who lived in Cizre and who knew the four men, was travelling from Cizre to Silopi in a minibus and saw the four men arguing with a group of gendarme officers in plain clothes.
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G. Demetrashvili
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15. The aggression towards the LGBT marchers continued to escalate and after approximately twenty to thirty minutes, the counter-demonstrators grabbed the banners from the hands of several activists and tore them apart. The counter-demonstrators then resorted to physical attack by pushing and punching the marchers in the front row. As a result of that assault, the sixth applicant (Mr
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Aslanbek Khamidov
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12. On 1 March 2001 the prosecutor’s office of the Chechen Republic forwarded the application lodged by the NGO Memorial concerning Aslanbek Khamidov’s disappearance to the Argun interdistrict prosecutor’s office (“the interdistrict prosecutor’s office”) and ordered that an inquiry be carried out and a criminal case be opened if necessary. They commented that
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Rachael Hoogkamer
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22. Despite having received a letter dated 8 July 1999 from the local police informing her that she had to leave the Netherlands within two weeks, the first applicant remains in the Netherlands. She works from Monday to Friday. Rachael stays with her at the weekend and with her paternal grandparents during the week. This arrangement is confirmed in a letter dated 20 March 2002 written by Rachael's grandparents to the applicants' legal representative:
“The access arrangement we have concluded with [the first applicant], the mother of our granddaughter
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Faik Akdeniz
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40. On 19 August 1996 the statements taken by the Kulp Prosecutor from Halit Akdeniz, İrfan Akdeniz and Mehmet Şirin Allahverdi were forwarded to the Prosecutor’s office at the Diyarbakır Court. The Kulp Prosecutor further stated that his efforts to find
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Halise Acar
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152. Halise Acar stated that on the day in question her husband Mehmet Salim Acar and their son İhsan had left in the morning to work in a field close to the neighbouring village of Sarıtoprak. Around noon, her son had come running home, telling her that his father had been taken away in a car without licence plates. He also told her that there had been two men in the car.
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Zakharov Ye. N.
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16. On 22 September 2010 the Regional Court quashed the judgment of 6 May 2010 and dismissed the applicant’s claims. The relevant part of the decision of 22 September 2010 reads as follows:
“When granting the claims of Mr
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Carlo Giuliani
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99. The investigating judge next considered it necessary to determine whether M.P. had acted in self-defence, which was a “more stringent” test for exemption from responsibility. She took the view that M.P. had rightly perceived a threat to his physical integrity and that of his colleagues, and that the threat had persisted on account of the violent attack on the jeep by a crowd of assailants and not just by
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Haci[3] Özen
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9. On 13 June 1998 a similar protocol was drawn up containing Ömer Katar’s statement about the applicant’s arrest. He stated that he had seen the applicant being taken away by seven men who were carrying rifles. Ömer Katar testified that
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Khamzat Umarov
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13. Immediately after the abductors were gone, the first applicant managed to call the VOVD. An officer there told her to call the ROVD and gave her their number. Then the first applicant called the ROVD and informed the officers there of the abduction. The officers told her that there was no need to worry, as
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Grigolashvili
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23. On 22 September 2000 Mr Grigolashvili was questioned by the investigator. During the questioning he showed the police the place where he had been taken in the morning of 8 August 2000. It happened to be one of the office buildings belonging to the firms owned by the applicant. Mr
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Nicole Coste
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15. This interview was illustrated by five photographs of the Prince with the child and three of the Prince with Ms Coste. In particular, a double-page spread (pages 50 and 51) consisted in a photograph of the Prince holding the child in his arms, headlined “Alexandre ‘is Albert’s son’ says his mother”, followed by this text:
“A little boy who knows how to say only two words: daddy and mummy. A little boy who does not seem troubled by the huge gulf between the two cultures from which he comes. His name is Alexandre, a conqueror’s name, an emperor’s name. He was born in Paris on 24 August 2003. His mother asks that he does not grow up clandestinely, ‘like Mazarine’. For that reason, she is now disclosing his existence, which poses no threat to any republic or any dynasty. Because in Togo, the country of his maternal family, all children, whether or not they are born to lawfully married couples, are entitled to an official father. For the moment, the little boy with black curls isn’t interested in knowing whether he is a prince or not. His mother just has to lean towards him and he is happy. There’s already a king in the house... him.”
The photograph was also accompanied by the following captions:
“The 47-year-old new sovereign of Monaco had not been known to have any long-term relationship. Today
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Esmukhambetov
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17. Immediately after the attack the eighteenth and nineteenth applicants started their tractors. The former drove off to Kumli, together with a number of his neighbours, picking up other villagers along the way. The latter, along with the twenty-third applicant, arrived at the first applicant’s house to collect the corpses of the
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Ali Karacaoğlu
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12. Mr Sefa Taşkın, born in 1950, was formerly the mayor of Bergama. He now lives in Dikili, ten kilometres away from the Ovacık gold mine.
Mr Tahsin Sezer, born in 1952, lives with his family in the village of Çamköy, which is 300 metres from the mine. He is a farmer and owns land in the surrounding area.
Mr
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Kenan Bilgin’s
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96. The witness said that it had been another prosecutor, Özden Tönük, who had started the investigation into Kenan Bilgin’s disappearance. The witness had been assigned to the case after a complaint was lodged by
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Walumba Lumba
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41. The applicant appealed to the Court of Appeal against the dismissal of her judicial review claim on 13 August 2010. Permission was granted in light of the recent judgment of 23 March 2011 by the Supreme Court in R (
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N. Luluyeva
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24. On 8 December 2000 the Office of the Chechnya Republican Prosecutor sent a progress report in several cases to the Russian President's Special Representative in the Chechen Republic for Rights and Freedoms. Case no. 12073 concerning the “kidnapping in Grozny at Mozdokskaya Street of
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T. Michaelides
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11. On 19 May 1991 the applicants' father died. According to his will, dated 18 May 1988, the plot described under paragraph 8 (a) above was to be inherited by the first applicant and the other plots were to be inherited by the four applicants in equal shares. On 30 July 1991, Mr
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Ramzan Kukuyev’s
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41. On 28 August 2004 the district prosecutor’s office ordered the unit prosecutor’s office to carry out certain investigative measures and requested the police to establish the place of residence of
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the Prophet Muhammad
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46. Human Rights Watch notes in its 2004 report “Creating Enemies of the State. Religious Persecution in Uzbekistan”:
“Hizb ut-Tahrir renounces violence as a means to achieve reestablishment of the Caliphate. However, it does not reject the use of violence during armed conflicts already under way and in which the group regards Muslims as struggling against oppressors, such as Palestinian violence against Israeli occupation. Its literature denounces secularism and Western-style democracy. Its anti-Semitic and anti-Israel statements have led the government of Germany to ban it ... Some in the diplomatic community, in particular the U.S. government, consider Hizb ut-Tahrir to be a political organization and therefore argue that imprisoned Hizb ut-Tahrir members are not victims of religious persecution. But religion and politics are inseparable in Hizb ut-Tahrir’s ideology and activities ... Even if one accepts that there is a political component to Hizb ut-Tahrir’s ideology, methods, and goals, this does not vitiate the right of that group’s members to be protected from religion-based persecution ...
Hizb ut-Tahrir’s designation as a nonviolent organization has been contested. Hizb ut-Tahrir literature does not renounce violence in armed struggles already under way –in Israel and the Occupied Territories, Chechnya, and Kashmir – in which it views Muslims as the victims of persecution. But Hizb ut-Tahrir members have consistently rejected the use of violence to achieve the aim of reestablishing the Caliphate, which they believe will only be legitimate if created the same way they believe
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Salambek Alapayev
|
26. On 8 July 2005 the first applicant wrote to the Chechen department of the FSB. She described in detail the circumstances of her son's abduction by a group of armed men in camouflage uniforms. She also stated that the abductors, who had arrived in military vehicles, had beaten her relatives and refused to provide the reason for her son's apprehension. The applicant also pointed out that on the night of the events a number of her neighbours had witnessed the vehicles pulling up to her house and leaving with
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Ratko Mladić
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76. In the Case Concerning the Application of the Convention on the Prevention and Punishment of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), judgment of 26 February 2007, the ICJ held, on the question of State responsibility:
“391. The first issue raised by this argument is whether it is possible in principle to attribute to a State conduct of persons - or groups of persons - who, while they do not have the legal status of State organs, in fact act under such strict control by the State that they must be treated as its organs for purposes of the necessary attribution leading to the State’s responsibility for an internationally wrongful act. The Court has in fact already addressed this question, and given an answer to it in principle, in its Judgment of 27 June 1986 in the case concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America) (Merits, Judgment, I.C.J. Reports 1986, pp. 62-64). In paragraph 109 of that Judgment the Court stated that it had to
‘determine . . . whether or not the relationship of the contras to the United States Government was so much one of dependence on the one side and control on the other that it would be right to equate the contras, for legal purposes, with an organ of the United States Government, or as acting on behalf of that Government’ (p. 62).
Then, examining the facts in the light of the information in its possession, the Court observed that ‘there is no clear evidence of the United States having actually exercised such a degree of control in all fields as to justify treating the contras as acting on its behalf’ (para. 109), and went on to conclude that ‘the evidence available to the Court . . . is insufficient to demonstrate [the contras’] complete dependence on United States aid’, so that the Court was ‘unable to determine that the contra force may be equated for legal purposes with the forces of the United States’ (pp. 62-63, para. 110). 392. The passages quoted show that, according to the Court’s jurisprudence, persons, groups of persons or entities may, for purposes of international responsibility, be equated with State organs even if that status does not follow from internal law, provided that in fact the persons, groups or entities act in ‘complete dependence’ on the State, of which they are ultimately merely the instrument. In such a case, it is appropriate to look beyond legal status alone, in order to grasp the reality of the relationship between the person taking action, and the State to which he is so closely attached as to appear to be nothing more than its agent: any other solution would allow States to escape their international responsibility by choosing to act through persons or entities whose supposed independence would be purely fictitious. 393. However, so to equate persons or entities with State organs when they do not have that status under internal law must be exceptional, for it requires proof of a particularly great degree of State control over them, a relationship which the Court’s Judgment quoted above expressly described as ‘complete dependence’. ...”
The ICJ went on to find that Serbia was not directly responsible for genocide during the 1992-1995 Bosnian war. It held nonetheless that Serbia had violated its positive obligation to prevent genocide, under the Convention on the Prevention and Punishment of the Crime of Genocide, by failing to take all measures within its power to stop the genocide that occurred in Srebrenica in July 1995 and by having failed to transfer
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M. Muradova
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31. On 13 September 2004 the investigator ordered another forensic examination. The experts were asked, inter alia, the following specific questions:
“4. To determine whether the loss by M. Muradova of the vision in her right eye was the direct result of the initial injury or of any errors committed during the subsequent medical treatment. 5. To determine whether the injury sustained by
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Dovletukayev
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168. Upon the Court’s request to submit specific documents reflecting the most important steps taken by the investigation, the Government furnished copies of “entire criminal case files”. From the documents submitted it appears that in
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Abdulhakim Güven
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39. During a hearing held on 9 October 2003, Mr A.M. and Mrs E.T repeated their eyewitness accounts before the Şırnak court. The same day the Şırnak court issued an arrest warrant for Adem Yakın. It also ordered that
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Nina Shevanova
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29. On 7 January 2005 the head of the Directorate wrote a letter to the Government’s Agent in the following terms:
“... [T]he ... Directorate ... has received your letter concerning the application lodged by
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Abubakar Bantayev’s
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12. On the night of 1-2 January 2003 Abubakar Bantayev and his children were sleeping in one part of the house at 1 Zapadnaya Street, in the village of Komsomolskoye. Abubakar Bantayev’s brother, Shamil Bantayev, was sleeping in another part of the house.
|
Mikhail Borchashvili
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214. Ms K.M. and Ms R.Z., the first applicant’s neighbours, stated that at about 8 p.m. on 9 March 2006 they had seen a group of armed men arrive at their block of flats in a grey UAZ vehicle. One of the men had ordered the residents to go inside and not to look through the window. The men walked up to the second floor and then went away. Afterwards, the neighbours learnt that those men had abducted
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Şevki Artar
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134. The court decided to issue a rogatory letter to the Ankara Assize Court requesting Major Özen's defence submissions and to issue a summons requiring Master Sergeant Günay to appear. It further decided to issue rogatory letters to the Assize Courts of Buldan and Pazaryolu in respect of the public prosecutors
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Apti Isigov
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23. Later in the morning on 3 July 2001 the first, third and fourth applicants, along with other relatives who had not seen their detained family members since the previous day, went to the Achkhoy-Martan VOVD. There they were shown a list of about forty names of persons from Sernovodsk, including
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the Justice of the Peace
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17. On 15 March 2012 the Justice of the Peace of Circuit no. 369 of the Tverskoy District examined the administrative charges against the applicant. The applicant challenged the authenticity of the police reports and the witness statement of the two police officers on the grounds that he had been arrested by different police officers, but his objection was dismissed. On the basis of the written statements and testimony of two police officers
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Tarık Ataykaya’s
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10. Following a request by the Diyarbakır public prosecutor’s office on 4 April 2006, a forensic report was drawn up on 12 April 2006 by the presidency of the criminal investigation department’s forensic laboratories attached to the Diyarbakır police headquarters. It showed that the object extracted from
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Doğan Altun
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19. On 30 March 2000 M.Ç., another gendarmerie private who was performing his military service in Turhal in 1999, gave statements to the Kurşunlu public prosecutor in Çankırı. He maintained that Seyit Külekçi and
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Menderes Koçak
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7. The applicant was questioned by police officers on 5 October 1995. In a written statement prepared by the police and signed by him, the applicant was quoted as having stated that he was a member of the PKK and that he had had a number of meetings with several of its members, including Özcan Atik. One day Özcan Atik had told the applicant that he had asked a certain
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Murad Gelayev
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84. On 24 August 2006 the investigators decided to conduct a forensic medical examination of the second applicant. The text of the decision included the following:
“...The investigators questioned the mother of the disappeared
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Apti Dalakov
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42. On 18 September 2008 the District Court held a hearing in connection with the applicant’s complaint. According to the transcript of the hearing, both parties were present. During the examination the representative of the investigating authorities submitted that they had transferred the evidence concerning the killing of Mr
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Iulius Moldovan
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71. Following the decision of 23 June 1998 to sever the civil and criminal proceedings, on 12 January 2001 the Mureş Regional Court delivered its judgment in the civil case. The court noted that the victims had requested pecuniary damages for the destruction of the houses and their contents (furniture, etc.), as well as non-pecuniary damages. The court further noted that, during the events of 20 September 1993, eighteen houses belonging to the Roma population in Hădăreni had been totally or partially destroyed and three Roma had been killed, a criminal court having found twelve villagers guilty of these acts. Basing its decision on an expert report, the court awarded pecuniary damages for those houses which had not been rebuilt in the meantime, and maintenance allowances for the children of the Roma killed during the riots. On the basis of an expert report, the court awarded pecuniary damages in respect of the partial or total destruction of the houses of six Roma, including those of the third and fifth applicants. The court rejected the other applicants' request for pecuniary damages in respect of the rebuilt houses, finding, on the basis of the same expert report, that their value was either the same or even higher than the original buildings. It further refused all applicants damages in respect of belongings and furniture, on the ground that they had not submitted documents to confirm the value of their assets and were not registered as taxpayers capable of acquiring such valuable assets. The court stated, inter alia:
“Mr
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Masum Tosin
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45. Mr Yoldaş and Mr İpek asserted that in March 1993 security forces and village guards had assembled the villagers in Akrad-Günalan and had tortured them. Mr Abdulbaki İpek elaborated on the incident, stating that he was one of the four victims and that he had suffered three broken ribs. They also submitted that, angered by the landmine explosion, security forces and village guards had come to Suçıktı and had threatened to kill the villagers if they did not vacate the village. Such threats, added to earlier incidents, caused these witnesses and their families to leave the village on an unspecified date. Conversely,
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Ana Ursachi
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24. On 26 June 2006 the Prosecutor General of the Republic of Moldova, Valeriu Balaban, wrote a letter to the Moldovan Bar Association in which he stated, inter alia, the following:
“Lately, the Prosecutor General’s Office has been confronted with the phenomenon whereby some Moldovan lawyers involve international organisations specialising in the protection of human rights in the examination by the national authorities of criminal cases. These organisations are used as an instrument for serving personal interests and for enabling suspected persons to avoid criminal responsibility.
Examples of such incidents are the case of Gurgurov, triggered by the lawyer
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Sultan Isayev
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83. According to Ms S.'s statement, a “sweeping-up” operation was conducted in the village on 29 April 2001. When two APCs appeared in their street and started shooting, all the women and children ran to hide in their basements. She did not head to the basement because her baby was in her house. Instead, she hid behind a fence. Through the fence she saw about twenty armed servicemen breaking into her neighbours' house and smashing everything inside. Then they threw Mr
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Cavit Özalp
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15. On 5 February 1996 the applicants' representatives filed a petition with the public prosecutor attached to the Diyarbakır State Security Court. Referring to the investigation that had been commenced into the death of
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Natsvlishvili
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45. Ms T.B. then stated that the State would be ready to return the money which had been paid by the first applicant as a fine and the shares in the factory forfeited by the second applicant; she explained that the first applicant’s shares could not be returned as they had already been assigned to a third party. The GPO employee also assured Ms
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Sorin Apostu
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30. Other pieces of evidence from the prosecution file were likewise published and commented on in the press. On 18 December 2011 the newspaper Ora de Cluj published an article with the headline, “Complete document. The reasoning of the interlocutory judgment ordering the pre‑trial detention of mayor
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Khamzat Merzhoyev
|
56. On 21 June 2005 the first applicant wrote to the military prosecutor's office of the United Group Alignment (“the military prosecutor's office of the UGA”), requesting assistance in the search for
|
İlhan Gezer
|
139. İhsan Acar's statement to İrfan Odabaş reads:
“On the day of the incident I was working with my father in the field we leased. Our neighbour İlhan Gezer was working alongside us on his own land. We had gone under a tree in our field to eat our lunch, but there was a distance of about ten metres between my father and myself. Then a grey Renault without licence plates with two people in it came towards us. It stopped by my father.
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A.-Ya. Askhabov
|
56. On 5 November 2009 the investigators drew up a plan of steps to be taken in the criminal investigation. The document stated, amongst other things:
“... the following hypotheses concerning the abduction are in the process of being checked out: 1. The disappearance of
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Levent Ersöz
|
44. Yakup Tanış also confirmed that the family had been subjected to intimidation by the authorities on account of his brother's political activities. Serdar Tanış could not remain in Silopi. He feared that he would be arrested and had been threatened by
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Tofiq Yaqublu
|
113. When cross-examined by the defence at a trial hearing, one of the above-mentioned six police officers had been unable to name the personnel of the police unit to which he had been deployed and, until assisted by a prosecutor, could not pinpoint his own exact location in Ismayilli at the time when he had allegedly seen the applicant. When the defence lawyer had tried to get him to show, on an official map of Ismayilli, exactly where he had seen the applicant and
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Khanchukayev
|
163. Mr Darbaydze had first spoken with Mr Khanchukayev in Russian in a separate room. The latter had provided information orally, but had refused to sign the corresponding document that would provide formal confirmation of his remarks (see paragraph 137 above). On being returned to the room where the other prisoners were being held, Mr
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Anastasios Isaak
|
31. The witness was on duty at Dherynia checkpoint on 11 August 1996 from 8 a.m. In his statement he reported, inter alia, the following:
“...At approximately 4.25 p.m. I observed a TCPE member who was armed with a baton assault a man who was dressed in blue jeans and a white t-shirt. I now know this man to be
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Ruslanbek Vakhayev
|
77. On 11 April and subsequently on 7 October 2005 the investigators requested that the Central Archives of the Russian Ministry of the Interior inform them which military units had manned the checkpoint on 5 October 2001, stating, amongst other things, that
“... [from] the materials collected by the investigation it follows that on 5 October 2001 at about 12 a.m.
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Nermin Karabulut
|
11. Also the same day an autopsy was conducted on Nermin Karabulut's body at the Cumhuriyet University Medical Department, with the attendance of a prosecutor. Just before the autopsy her mother formally identified her deceased daughter. She told those present at the hospital that her daughter
|
Elif Özbilge
|
13. On 9 December 1998 the administration paid TRL 934,027,000 to Ms Mürvet Fidan, 884,579,000 TRL to Mr Murat Fidan, TRL 790,746,000 to Mr Hikmet Fidan, TRL 1,190,092,000 to Ms Zehra Fidan and TRL 2,041,230,000 to Ms
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Joseph Camilleri
|
5. The applicants claimed to be the owners of a building in Valletta, Malta. The Government contested this claim, stating that it appeared from the relevant records and from a letter written by the applicants themselves on 29 July 2005 that the premises had simply been acquired by the applicants’ late father, Mr
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van Vreemdelingenzaken en
|
20. The applicant’s objection (bezwaar) to this decision was rejected, after he had been heard on it on 16 May 2003 before an official board of enquiry (ambtelijke commissie), on 11 August 2003 by the Minister of Immigration and Integration (Minister
|
Baudin Magomadov
|
5. The applicants are:
1) Ms Koku (also spelled as Koka) Magomadova, born in 1942,
2) Ms Ayshat Magomadova (also known as Taymuskhanova), born in 1976,
3) Ms Eset (also spelled as Aset) Magomadova, born in 1995,
4) Mr
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Bülent Kurt
|
56. On 27 December 2004 the first applicant went to the Istanbul Bar Association and informed the lawyers there that pressure was being exerted on him and his brother by K.Ş.S. to dismiss their lawyers and withdraw their complaints. He further stated that the police chief had accompanied them to see a notary public, where they had signed a power of attorney giving their new lawyer authority. He informed the Bar Association of his wish to be represented by his previous lawyer
|
Tomislav Remetin
|
39. Another hearing was held on 30 December 2008 at which witnesses D.D. and D.L.B. gave their evidence. Witness D.L.B. stated:
“On that day Tomislav Remetin, H.K., D.D. and I, were playing in front of the Marin Držić Primary School. At one point I saw the accused jumping over a wall and then he asked for
|
Magomed Kudayev’s
|
9. The second applicant kept asking the men about the reasons for her son’s arrest, but she did not receive any explanation. The Russian man ordered the others to hurry up and take Magomed Kudayev away. Next, the men put
|
Dilek Şimşek Sevinç
|
39. Mukaddes Gündüz (wife of Mehmet Gündüz), Mustafa Tunç (father of Fevzi Tunç), Çiçek Yıldırım (mother of Ali Yıldırım), Cemal Poyraz (father of Zeynep Poyraz), Celal Sevinç (husband of Dilek Şimşek Sevinç), Ali Şimşek (father of
|
B.M. “Vanda”
|
38. The trial court also noted that the applicant had taken part in the impugned “particularly professionally organised and very much clandestine” operation for the capture of A.R. “Vanagas” and his spouse
|
Ibragim Tsurov’s
|
66. On 23 July 2004 the district prosecutor’s office granted the first applicant’s request for information on progress in the investigation. On the same date the first applicant informed the investigators that
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Michael Jackson
|
5. The applicants are:
30089/04 Mr Ciaron Goggins, a British national who was born in 1961 and lives in Ballyjamesduff, Ireland.
14449/06 Mr John Day, a British national who was born in 1964 and lives in Witham.
24968/07 Mr
|
Tripun Ristanović
|
125. Mrs Ristanović was born on 19 November 1968 in Zavidovići (Bosnia and Herzegovina). She is currently a Serbian citizen. She moved to Ljubljana (Slovenia) in 1986 in search of work. She married there and on 20 August 1988 her son, the fifth applicant Mr
|
Abdullah Öcalan
|
8. On 5 March 2007 a demonstration was held on the campus of Dicle University to protest about the conditions of Abdullah Öcalan’s detention, and in particular about his alleged poisoning by the Turkish authorities. A group of forty people entered the university building and asked the students to leave. They held a press conference on the premises of the university and chanted slogans in favour of the PKK and
|
Khanpasha Kakhiyev
|
247. In the beginning of 2004 the second applicant complained to the prosecutor’s office of the Chechen Republic of the disappearance of his brother and asked for assistance in the search for him. In reply he was informed that operational search activities aimed at establishing the whereabouts of Mr
|
Lema Khakiyev
|
67. On 23 August 2006 the first applicant wrote to the district prosecutor’s office. In her letter she stated that Mr D.U., her brother’s former colleague, Mr U.I., a former official of the Michurina settlement administration, and Mr M.D., Mr U.I.’s neighbour, had known that
|
Aslan Maskhadov
|
39. On 11 March 2005 Ko. received the order of 10 March 2005 and on the same date started the examination. The expert finalised the examination on 14 March 2005. The resulting report was completed on 17 March 2005 and contained a detailed description of the scientific methods used. The expert’s conclusion was that a combination of genetic features found in the samples taken from the corpse and from the dead man’s nephews confirmed the blood relationship between them with a probability of 99.92 percent.
(d) Decision to terminate criminal proceedings in respect of
|
Menekşe Şentürk
|
17. On 24 November 2000, in the light of this expert report and the statements given by the various parties involved, the head inspector of the Ministry of Health drew up a report concluding that the midwives G.E. and A.Y., employed in the Karşıyaka Public Hospital and the Alsancak Public Hospital respectively, had failed in the duties attached to their functions, in that they had sent the patient home in spite of her continuing pain and without having had her examined by a duty doctor. He also considered that doctors F.B. and Ö.Ç., employed at the Atatürk Teaching and Research Hospital, had failed in the duties attached to their functions, in that they had not requested a consultation with a gynaecology and obstetrics specialist, nor indicated to the patient that she should seek such a consultation. Furthermore, the investigation concluded that a complaint report had been drawn up concerning the issue of the liability of T.K., H.V., S.A. and Ö.Ö., doctors in the gynaecology and obstetrics department at the Ege University Medical Faculty Hospital, so that it was not necessary to rule again in their respect. The head inspector reached the same conclusion as to the liability of the impugned ambulance company, and a separate report had been transmitted on this matter to the İzmir Directorate of Health.
The investigation report noted, however, that doctors T.K., H.V., S.A., and Ö.Ö. had failed in their obligations and thus caused, by their negligence, imprudence and lack of experience, the death of Mrs Şentürk. Finally, the committee considered that Dr S.A.A. from the Ege University Medical Faculty Hospital had committed no error in transferring Mrs Şentürk to the gynaecology and obstetrics department.
The report on the findings of the investigation into the events which occurred at the Ege University Medical Faculty Hospital include the following points:
“After her examination in the emergency department ...,
|
Saddam Hussein
|
10. The first applicant was born in 1941 and lives in Amman (Jordan). According to the Security Council of the United Nations (UN), he was head of finance for the Iraqi secret services under the regime of
|
Neslihan Göktepe
|
10. As regards Neslihan Göktepe, he observed that there were swellings on her head, behind her left ear and an erythema on her back as a result of blows. He also noted a graze on her neck. The doctor concluded that
|
Ramzan Kukuyev
|
28. On 22 January 2002 the head of the Temporary Office of the Interior of the Vedeno District (“VOVD”) issued the first applicant with a progress report confirming that on 3 May 2001 unidentified servicemen armed with machine guns had broken into the household of the Kukuyev family and that
|
Mehmet Nuri Yolur
|
80. The witness stated that he was from the same hamlet as the İpek family. All the families living there were related. He had returned to the hamlet on 17 May 1994 from Aydın for a visit. Soldiers on foot raided the village between 11 a.m. and noon on 18 May 1994. He was certain that they were soldiers since they were carrying G-3s. A helicopter flew above the area. The soldiers arrived in the hamlet on foot. The inhabitants were all made to assemble at the school on the edge of the hamlet, men on one side, women on the other. The soldiers took everyone's identity documents. He could see the hamlet being burned. Six of them (himself,
|
Saydi Malsagov
|
13. The seventh applicant stated that on 7 November 2002 at about 2.30 a.m. five men in camouflage or black uniforms armed with machine guns had entered the room where he and his father were sleeping and asked for his passport. The seventh applicant was ordered to lie on the floor. One of the servicemen read out his full name and the seventh applicant confirmed that it was him. Then the servicemen searched the rooms without saying what they were looking for and left in about ten minutes. They told the seventh applicant to remain on the floor and not to move. The seventh applicant heard them break down the door to the next room. About five minutes later three men entered the room and again asked the applicant for an identity document. The seventh applicant replied that his passport had already been checked and the men left without saying anything. After about fifteen minutes he heard the servicemen leaving. Once it was quiet, he went into the main house and saw his mother and sister. Together they went into his brother’s room and his wife told them that
|
Anvar Shaipov
|
64. On 14 June 2007 the investigators questioned the first applicant's neighbour, Mr Z.M., who stated that on 13 September 2000 his relatives had informed him about the arrest of Magomed-Ali Abayev and
|
M. A. Lyanov
|
70. According to the first applicant, following her request for information on the progress of the investigation of 13 August 2007, on 15 August 2007 the prosecutor of the Leninskiy District of Grozny unofficially provided her with a print-out of the outline of the investigative measures on five pages, the relevant parts of which read as follows:
“Criminal case no. 12113 was opened on 8 August 2000... into abduction of [T.],
|
Gal Klein Yair
|
13. On 28 August 2007 the Moscow prosecutor's office with responsibility for supervision of the implementation of laws on marine and air-borne transport ordered the applicant's placement in custody, pursuant to Article 466 of the Russian Code of Criminal Procedure (“CCP”), until his transfer to the country which had requested extradition. The decision gave the following reasons for application of a measure of restraint:
“
|
Zhalaudi Magomadov
|
76. In 2000 and 2001 the investigators questioned medical personnel from the hospitals in Achkhoy-Martan, Staraya Sunzha (Grozny), Urus-Martan and Nazran (Ingushetia). They testified about the wounded who had been brought to the hospitals on 29 October 1999. It appears that the majority of the victims were brought to the Achkhoy-Martan hospital, which was the closest to the site. However, no records were made that day because the large number of victims meant that all the staff was busy providing first aid for the heavy wounds. At least ten wounded persons were brought to the Urus-Martan hospital and six to the Staraya Sunzha hospital, where a nurse recalled treating the second applicant and
|
Vakhid Magamedov’s
|
8. Mr Z., Mr D. and Mr Yu. ran to the village of Sary-Su to warn the police. On the way they got lost in the dark and only arrived at the village at about 4 a.m. on 2 April 2006. They knocked at the door of the house of a local resident, Mr Kh.V., and told him about the incident. Mr Kh.V. took them by car to the local police station. Then Mr Z., Mr D. and Mr Yu. returned to the pond, accompanied by the police. They found
|
Isa Kaplanov
|
45. The decision further referred to statements from a number of witnesses, including the applicant’s daughter and daughter-in-law, the applicant’s two neighbours and Movsar Musitov, all of whom had given a similar description of the events of 12 May 2001. The decision also stated that FSB officer T. had been questioned on 10 July and 22 October 2001 and FSB officer M. had been questioned on 16 July 2001 and 23 October 2002. They both testified that on 12 May 2001 in the vicinity of the “Neftyanik” market in Grozny they had apprehended three men, including
|
Şemsettin Yurtseven
|
13. On 13 June 1997 the Hakkari chief public prosecutor filed a bill of indictment with the Hakkari Assize Court (Hakkari Ağır Ceza Mahkemesi). The chief public prosecutor stated that the information obtained indicated that
|
Lecha Khazhmuradov
|
10. Some time later a number of armed men arrived in two armoured personnel carriers. According to the witnesses, they were servicemen of the Russian armed forces. Without any prior warning the servicemen opened indiscriminate fire across the field. The witnesses hid so that they could observe the events in safety. The servicemen also fired at the applicant’s husband and Mr D. Mr
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