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Aslambek Khamzayev | 32. On 27 July 2003 Ms V. was questioned as a witness. She stated that on 25 July 2002 she had overheard an elderly lady saying that she had witnessed the arrest of a young man by federal servicemen. When the lady told the servicemen that the arrested man was her son, they had produced identity papers in the name of |
S.-E. Sambiyev | 47. On 11 May 2004 the interim district prosecutor ordered the investigators to resume the investigation and take the following investigative steps within fifteen days:
“... At the moment it is necessary to take a number of investigative steps in order to forward the criminal case for further investigation to the military prosecutor’s office in accordance with the rules of jurisdiction:
...
- to question Mr V.M. again about the circumstances of the case ...;
- to identify local residents who witnessed the arrest;
- to identify the service guns of |
Andandonskiy | 23. The court examined the medical expert's conclusion to the effect that the possibility of N.'s having sustained the injury in the parietooccipital region as a result of falling down onto the pavement could not be ruled out. In assessing that conclusion the court stated as follows:
“...the court takes into account that this conclusion was made on the basis of the statements by the defendant |
Mircea Stoinescu | 6. On 27 September 1993 the first two applicants and Mircea Stoinescu brought an action for the recovery of possession of immovable property in the Arad Court of First Instance against Arad Town Council and R., a State-owned company responsible for the management of property belonging to the State. After the death of |
A.R. “Vanagas | 55. In the light of the foregoing, the Supreme Court held that the applicant understood one of the essential operational goals of the LSSR MGB, namely to destroy physically the members of the organised movement of the Lithuanian national resistance to the Soviet regime, that is Lithuanian partisans, their connections and supporters, as a part of the Lithuanian national-ethnic group; he approved of those goals and took part in their implementation during the secret operation in which the Lithuanian partisans |
Serdar Tanış | 80. The witness said that Serdar Tanış had been anxious and concerned about the threats and arranged for his lawyer to draft five or six copies of a petition to the public prosecutor and other authorities, informing them of the intimidation and pressure to which he and his entourage were being subjected by the commanding officer of the Şırnak gendarmerie regiment. On 8 January 2001 |
Matningsdal | 16. On appeal, the case was brought directly before the Supreme Court (Høyesterett), which by judgment of 21 September 2007 (HR 2007‑1593-P, case no. 2007/237) found against the lessor. It considered that section 33 of the Ground Lease Act should be examined exclusively in the light of Article 97 of the Constitution, with which it was compatible, and that there was no infringement of Article 1 of Protocol No. 1 to the Convention. In his reasoning, approved in the main by the other six Justices sitting in the case, the first voting judge, Mr Justice |
Said-Selim Ay. | 128. On 10 August 2000 the head of the local administration, Mr Said‑Selim Ay., informed the applicant that the servicemen conducting the operation would release the detainee in exchange for a machine gun. The applicant agreed to the exchange. However, after visiting the military base, Mr |
Aslambek Adiyev | 99. On 30 July 2002 Mr Aslambek Adiyev (in the documents submitted also referred to as Mr Ibragim Madiyev), Mr Albert Midayev, Mr Magomed Elmurzayev and their respective families had gathered at Albert Midayev’s house in Shali. At 2.05 p.m. several vehicles pulled over at the gate and a group of men in camouflage uniforms with pistols, machine guns and shields got out. All but two were wearing masks. The men opened fire at |
Ruslan Tepsayev | 117. Each of the applicants (except for Mr Margoshvili) recognised himself in the relevant photograph submitted by the Georgian Government. Mr Robinzon Margoshvili (formerly Ruslan Tepsayev) was identified by the other applicants as Ruslan (four times) and |
Petru (Gruia) Lăcătuş | 67. To date, six houses have not been rebuilt, of which two belonged to the applicants Petru (Dîgăla) Lăcătuş and Maria Floarea Zoltan. According to an expert report submitted by the Government, the damage caused to the houses of |
Yane Sandanski’s | 75. On 28 March 2007 Ilinden filed an application for judicial review with the Sandanski District Court. It argued that the Mayor’s refusals to allow the rally as planned were unlawful, as Ilinden was willing to shift the timing of the event, but could not shrink it into the short timeframe allowed by the Mayor. It included a programme which needed time and it would not in any way disturb other events or visitors to |
Abdülhakim Güven | 62. When he was brought to court on 10 December 1993, he learned of the statements made against him by Abdülhakim Güven. The Prosecutor alleged that he had been apprehended in possession of an incriminating PKK document. The applicant replied that this was impossible and illogical. He claimed to have been “framed”, for he knew of the wave of arrests of his colleagues at that time and the rumours about |
Lise Kvinsland | 30. On 9 October 1996 the Bank's lawyer filed additional observations, which were not communicated to either the applicants or their lawyer, until they were notified of the High Court's decision of 3 December 1996 mentioned below. The 9 October 1996 document read:
“I refer to the written plea of 23 September 1996 from the appellants. The plea gives rise to a need for some clarification, but most of the content has been commented on previously.
On page 2 the appellants contend that the major grounds given for the decisions in this and another case contain direct errors that have allegedly been revealed. It is not correct, however, that Mr Justice Steintveit has given any inaccurate information in this case.
The District Court Judge has been aware of the objections that have been raised since 1992, but he was not aware that specific objections relating to disqualification had been raised in those cases where it is so contended. Here I refer to page 4, penultimate paragraph, of the plea, from which it appears that their counsel, Mr Howlid, did not raise during the main hearing any objections relating to disqualification, despite the fact that the Walstons allegedly instructed him to do so.
It is completely incomprehensible to me that the Walstons now claim that their counsel, Mr Howlid, acted contrary to his instructions in the District Court when they themselves were present when it happened and did not protest in any way.
As regards consideration of the disqualification issue in the High Court, I abide by what I have said previously about the matter. The High Court was not requested, either in the written plea or in court, to deal with the disqualification issue, as it was contended both by |
Marvan Idalov | 42. On 13 December 2003 the district prosecutor's office received a complaint by the first applicant dated 29 August 2003 and addressed to the Administration of the President of Russia. According to the complaint, on an unspecified date during the month of Sawm unidentified men wearing camouflage uniforms and masks had entered the Idalovs' house in the village of Akhkinchu-Borzoy and kidnapped |
the deputy to the Chair | 21. On being asked by the investigating judge at the beginning of the examination whether he had chosen a lawyer, the applicant answered in the negative. At the end of the interview record it was stated:
“I (the investigating judge) have notified him that I have informed |
Anvar Shaipov | 18. The Government did not challenge most of the facts as presented by the applicants. According to their submission, “...on 15 August 2002 M.A. Shaipova complained to the Urus-Martan district prosecutor's office that between 4 p.m. and 5 p.m. on 13 September 2000 her son |
Zakharchenko | 78. The domestic courts concerned and the dates of their decisions are detailed below.
Ms Kostyleva: Supreme Court of the Komi Republic, 30 July 2010 (upheld on appeal by the Supreme Court of the Russian Federation on 28 September 2010);
Mr |
Tarık Ataykaya | 7. On 29 March 2006, at around 13.30 p.m. to 2 p.m., on leaving his workplace, Tarık Ataykaya found himself in the middle of a demonstration. The Government accepted the argument that Tarık Ataykaya had not taken part in the demonstration but had just been passing by, and explained that the police had fired a large number of tear-gas grenades to disperse the demonstrators. |
Abdula Edilov | 30. On 2 April 2005 the applicant wrote to the military prosecutor and the prosecutor of the Chechen Republic, describing in detail the circumstances of the abduction of her son and stressing that his abductors had passed through the checkpoint of the federal forces unhindered and that her relatives had heard on the Chechen State radio and television that Russian servicemen had arrested |
Rizvan Aziyev | 22. The applicants’ submission concerning the circumstances of the abduction and the surrounding events is based on the statements of the first applicant lodged with the application and the additional statement dated 10 February 2011, the statement of the applicants’ neighbour Mr M.T. dated 4 February 2011, the statement of the applicants’ relative Mr A.A. dated 4 February 2011 and copies of the contents of the investigation file opened in connection with Mr |
Sarali Seriyev | 29. The description of the circumstances surrounding Sarali Seriyev's abduction is based on an account by the first applicant dated 20 May 2005, on an account by the second applicant, dated 6 February 2006, and on documents submitted with the application.
b. The search for |
Salih Kaygusuz | 19. On 15 November 1992 PKK forces ambushed nine Balpınar village guards on a road near the village of Karataş. In the course of this clash, which lasted about fifteen minutes, four village guards were killed and four others wounded. An investigation into the clash was carried out. The Fosfat gendarme station commander, |
Tamerlan Suleymanov | 31. On 3 June 2011 the investigators forwarded requests for information as to whether Tamerlan Suleymanov had a criminal record to various regional information centres of the Ministry of the Interior of the Russian Federation (“the MVD”). Replies were received in the negative. On the same date they asked the relevant hospitals in Chechnya to provide information as to whether |
Aslandek Khamidov’s | 38. The prosecutor’s offices of the Groznenskiy, Shalinskiy and Nadterechny districts and the Achkhoy-Martan interdistrict prosecutor’s office informed the investigators that they had no information on |
Ismailov Kh. S. | 20. In a letter of 13 May 2002 the Department of the Ministry of the Interior for the Southern Federal Circuit notified the applicant that the investigation in connection with her husband’s murder had been commenced on 17 [rather than 27] February 2000, that the case had been given the number 12005 and that the suspect in the case, |
Yiannis Tsiakkourmas | 72. On the morning of 13 December 2000, while driving to Pergamos to pick up his Turkish Cypriot workers, Mr S.E. saw a red Chevrolet double‑cabin pickup, which he later learned was the first applicant’s car, parked in the right-hand lane of the road approximately 500 metres from Rabiye’s café, slightly facing the left-hand side of the road and with the driver’s door open. When he reached the café, one of the first applicant’s Turkish Cypriot workers approached him and said that his boss had still not arrived. S.E. let the worker call the first applicant from his mobile phone, but the first applicant did not answer. S.E. then left the café with his workers. As he was driving past the first applicant’s car again, he saw three or four people standing by it, including the first applicant’s brother, |
Ismet Haxhia | 72. The District Court found the applicant guilty of aiding and abetting the MP’s murder under Articles 78 § 2 and 25 of the CC and acquitted him of the charges in connection with the murder of B.C and the attempted murder of Z.N. The applicant was sentenced to 20 years’ imprisonment. The decision, in so far as relevant, states as follows:
“As outlined by the prosecutor, in the present case there exists simple collaboration and not a scheme of [defined] roles, duties, objectives and plans. In this collaboration, the aider and abettor ... |
Rizvan Ismailov | 90. At the same time, the Government stated that the criminal investigation in case no. 11012 in respect of Zaur Ibragimov had been opened on 9 November 2000 and not on 9 January 2001 as the applicants asserted. It also follows from the documents produced by the Government, in particular from the town prosecutor's reply to the fourth applicant dated 27 April 2001, that criminal investigation no. 11012 was instituted on 9 November 2000 in respect of both |
Y. A. Satabayev | 23. In their submissions prior to the Court's decision of 11 September 2008 on the admissibility of the application, the Government stated that “on 1 August 2000 officers of the Urus-Martan Temporary Department of the Interior of the Chechen Republic under Decree of the President of the Russian Federation of 2 November 1993 no. 1815 'On Measures for Prevention of Vagrancy and Mendicancy' apprehended and brought to the said department |
Suleyman Tsechoyev | 88. On the same day the investigator from the department of the General Prosecutor's Office in the North Caucasus closed the criminal proceedings against Magomed Ye. for want of evidence. He noted that it had turned out to be impossible to identify the persons who had abducted and killed |
Madina Bantayeva | 26. In support of their statements, the applicants submitted the following documents: witness statement of the first applicant, provided on 27 February 2005; witness statement of the fourth applicant, provided on 2 March 2005; witness statement of the eighth applicant, provided on 2 March 2005; witness statement of the first applicant’s daughter Mrs |
Zybertowicz | 8. On 14 March 2007 the newspaper published the applicant’s opinion. It was titled “Journalists under autohypnosis” (“Żurnalisci pod wplywem autohipnozy”) and included the following paragraph:
“Some people easily reach for personal arguments. The Gazeta Wyborcza journalist S.B., in a conversation with me stated: professor |
Dovletukayev | 31. On 10 August 2009 the investigators asked the Chechnya Ministry of the Interior to inform them of the outcome of a criminal case against a relative of the deceased, Mr D. Abdurzakarov (also spelt Abdurzakov), in connection with the murder of FSB servicemen and police officers in 2000. The relevant parts of the request stated as follows:
“... The criminal case ... contains information about the involvement of officers of the Chechnya FSB stationed in the Shali district in |
Rudolf Ugelstad | 6. The first applicant is the daughter of a merchant ship owner, the late Mr Kristoffer Olsen (Senior), who died in 1948, and of Mrs Dagny Marie Olsen, who died in 1970. Following her death, the parents' joint estate was subjected to public division (offentlig skifte) by the Oslo Probate Court (skifterett), as the heirs did not take over the estate's debts. The first applicant was one of three heirs to the estate, which comprised major shareholding positions in Luksefjell Ltd and, indirectly, in Dovrefjell Ltd., the family's two principal companies. These formed part of the Olsen & Ugelstad Ltd Shipping Company (founded in 1915 by the first applicant's father and by Mr |
M. Nikolozishvili | 56. At the close of this trial on 28 September 2000, Mr Mirian Arabidze was found guilty of having committed acts endangering public order during the attack against the Congregation on 17 October 1999 and given a suspended sentence of three years’ imprisonment for having caused minor injuries to Mr |
Hubert Mojsiejew | 25. The Tychy District Court held a hearing on 23 January 2007 and on 30 January 2007 it gave its judgment. The court changed the classification of the offence and found all the accused guilty of having exposed |
Lecha Khazhmuradov | 20. According to the Government, Mr Lit. stated during his witness interview that on 11 September 2000 he had been guarding the field, together with Mr E., whilst Mr Lecha Khazhmuradov and Mr D. had been working in the nearby wood. Then servicemen in two armoured personnel carriers had arrived and opened indiscriminate shooting from automatic firearms. Fifteen or twenty minutes later the soldiers had ceased fire, then five or six of them had crossed the river and entered the wood in which the applicant’s husband and Mr D. had been working. Mr Lit. had heard the soldiers curse, then several shots followed, and then he had seen the soldiers throw the dead bodies of Mr |
Abduvali Mirzaev | 47. During the hearing, Ms R., an expert in refugees from Central Asia, testified that charges under Article 159 of the Uzbek Criminal Code (attempted overthrow of the constitutional order of Uzbekistan, usurpation of power and breach of the territorial integrity of Uzbekistan) were in most cases politically motivated. Charges under Article 159 were often brought against individuals criticising the authorities or following religious practices not approved by the State. Such individuals were at a substantially higher risk of ill-treatment. In her opinion, the applicant was being persecuted for his religious beliefs and practices. She had drawn that conclusion, in particular, from the fact that he was being prosecuted for possessing a religious book by |
Bülent Karataş | 5. The applicants were born in 1984, 2002, 2005, 1935, 1948, 1973, 1983, 1973, 1969 and 1976 respectively and live in Tunceli. The first applicant is the wife, the second and third applicants are the children, the fourth and fifth applicants are the parents and the sixth to ninth applicants are siblings of Mr |
Shamil Khalidov | 19. On 4 March 2003 the Malgobek prosecutor’s office wrote to the prosecutor’s office of the Chechen Republic stating that Isa and Shamil Khalidov had been apprehended by the servicemen of the Chechen police forces under the command of Mr K. and that the Nadterechny ROVD had refused to cooperate and provide information concerning the Khalidovs’ detention. The Malgobek prosecutor’s office requested the prosecutor’s office of the Chechen Republic to establish which law enforcement agency had detained Isa and |
Tengiz Assanidze | 56. Consequently, it held:
“Mr Tengiz Assanidze's conviction on 2 October 2000 by the High Court of the Ajarian Autonomous Republic is quashed and the criminal proceedings against him discontinued, as his acts do not disclose any evidence of an offence.
Mr |
Leonid Ghimp’s | 14. In another forensic report dated 31 May 2006, a panel of forensic doctors composed of doctors G.M., N.S. and I.C., after examining the victim’s medical documents and his exhumed corpse, came to a similar conclusion, namely that he had died as a result of a rupture of the small intestine resulting in intestinal contents flowing into the abdominal cavity and causing bacterial contamination of the abdominal cavity – in other words, purulent inflammation of the peritoneum. According to the doctors, the injury causing his death had resulted from a blow from a blunt object with a small surface area to |
Abdulkadir Aygan | 17. Finally, in his observations submitted to the Court in reply to the Government's observations on the admissibility and merits of the case, the applicant referred to an article published in the newspaper Özgür Gündem on 4 July 2005 giving details of a purported confession made by one Mr |
Isa Aygumov | 6. At the material time Avtury village was under the full control of Russian federal forces. Military checkpoints manned by Russian servicemen were situated on the roads leading to and from the settlement. The military commander’s office was located in the village. The applicants, |
Adam Makharbiyev | 10. About fifteen minutes after the servicemen had called for representatives of the military commander’s office to attend, an armoured URAL lorry, two black VAZ-2109 cars with military registration numbers of the ‘11’ region and a white VAZ-2121 (‘Нива’) car arrived at the checkpoint. |
Maksim Petrov | 54. On 4 November 2003 the Peterburg Ekspress newspaper published an article “Murderous doctor in the dock” which, in its relevant parts, read as follows:
“... Two years ago, in our issue ... of 26 January 2000, we wrote about the arrest of the murderous doctor who paid visits to elderly people, injected them with soporifics, and when they fell asleep robbed them of their personal belongings. Overall, his personal score is over fifty attacks and seventeen murders. |
Viskhadzhi Magamadov | 44. On 27 November 2002 the district prosecutor’s office sent requests for information to the ROVD, the department of the FSB of the Shali district, a military prosecutor’s office, the military commander of the Shali district, the information centre of the Ministry of the Interior of the Chechen Republic, the remand prisons in the Chechen Republic and operational and search bureau no. 2 (“ORB-2”). In reply they were informed that the police, the FSB and the military had not carried out any operations in respect of |
Musa Elmurzayev | 9. Prior to 1999 Apti Elmurzayev worked as the head of the administration of the village of Martan-Chu and Musa Elmurzayev worked as his deputy. For some time in 1999 Apti Elmurzayev attended an Arabic school in the town of Gudermes, but then dropped out. Since the beginning of the hostilities in Chechnya Apti and |
the Minister of the Interior | 25. The court noted the reference to the Stasi with which the applicant had started his article and his narrative of M.F.’s actions, which had resulted in an individual being investigated and subsequently having his computer seized. In that context he had asked whether M.F. had “used” the police against a political opponent. The applicant criticised the CoP for following up on the indications given by M.F., to the extent that the applicant had called on |
the Deputy Minister of Justice | 35. Also, on 27 February 2009 the first applicant had submitted a fresh asylum claim, based on the alleged deterioration in the general security situation in Afghanistan and an increased individual risk of treatment prohibited by Article 3, namely the fact that he was an ex-communist, that he was an atheist and thus belonged to a religious minority, and the fact that he had lived abroad for a long period. He also claimed that, due to his work, he was well known in Afghanistan and was prominent in Afghan circles in the Netherlands. On 19 February 2010, the first applicant was informed of the intention of |
Musa Merluyev | 302. At around 5 a.m. on 4 November 2001 a group of five or six armed masked men in camouflage uniforms broke into the applicant’s house and ordered everyone to lie face down on the floor. One of them handcuffed the applicant. The men quickly searched the house and took Mr |
Ruiz Zambrano | 72. In its judgment of 15 November 2011 in Case 256/11, Dereci and Others v. Bundesministerium für Inneres, the Court of Justice examined, inter alia, the question whether Article 20 of the TFEU was to be interpreted as prohibiting a Member State from refusing to grant a right of residence to a national of a non-member country who wished to live with their spouse and minor children, who were European Union citizens resident in Austria and nationals of that Member State, whilst the spouse and children had never exercised their EU right to free movement and were not maintained by the national of a non-member country. It held as follows:
“64 ... the Court has held that Article 20 [of the TFEU] precludes national measures which have the effect of depriving Union citizens of the genuine enjoyment of the substance of the rights conferred by virtue of that status (see |
Abdullah Öcalan | 6. On 6 July 2004 an article written by Mr B.G. entitled “Analysing the Kurdish dynamic correctly” was published in Ülkede Özgür Gündem. In his article, Mr B.G. stated his views on the role of Abdullah Öcalan, the leader of the PKK (an illegal armed organisation), a number of organisations associated with the PKK in regional and international politics and political developments in Turkey. Next to the article a photograph of |
Adlan Dovtaev | 28. On 23 June 2004 Amnesty International issued a media briefing entitled “Russian Federation: Chechen Republic – ‘Normalization’ in whose eyes?”. The paper referred to Adlan Dovtayev and Sharpuddin Israilov’s disappearance as follows:
“On 30 December 2002, an armoured personnel carrier (APC) in the Urus Martan region tried to stop and reportedly opened fire on two cars, killing one passenger and dragging the remaining eight into the APC. The eight were taken to the headquarters of the Russian Armed Forces in the North Caucasus in Khankala. During the following two days, six of the men were released, after having been reportedly subjected to torture and ill-treatment while being questioned about their alleged contacts with Chechen fighters. |
Tomáš Hlavnička | 5. The six applicants are: Solaris, s.r.o., a company registered in the Czech Republic, Mr Roman Minarik, a German national who was born in 1965 and lives in Wilstätt, Mr Karel Rybáček, born in 1956, Mr |
Petrov-Popa | 10. In the first place, the Court found that the Moldovan Government was the only legitimate government of the Republic of Moldova under international law, but that it did not exercise authority over that part of its territory that was under the effective control of the “Moldavian Republic of Transdniestria” (MRT). Nevertheless, in the Court’s opinion, the Moldovan Government were under a positive obligation under Article 1 of the Convention to take the diplomatic, economic, judicial or other measures that were in their power to take and that were in accordance with international law to secure to the applicants the rights guaranteed by the Convention (Ilaşcu, Ivanţoc, Leşco and |
Aset Yakhyayeva | 47. On 7 November 2001 the investigation interviewed A.I. as a witness. He stated that in November 2001 his relatives Aset Yakhyayeva and Milana Betilgiriyeva had come to visit his family in Serzhen-Yurt. In the evening of 6 November 2001 they had stayed at P.S.’s home. A.I.’s daughter M.I., as well as L.S. and two other women, had joined them. At about 7 a.m. on 7 November 2001, M.I. had told A.I. that during the night five armed masked men had abducted |
Said-Magomed Debizov | 15. The Government in their observations did not challenge the facts as presented by the applicants. They stated that it had been established that on 14 January 2001 during the daytime, unidentified persons wearing camouflage uniforms and masks, armed with automatic weapons and using armoured vehicles, had arrived in the village of Novye Atagi in the Shali District, apprehended |
Abdullah Öcalan | 20. The Diyarbakır Assize Court further referred to a decision dated 22 March 2007 (case no. 2006/9165, decision no. 2007/2432) of the Ninth Criminal Division of the Court of Cassation, in which the latter had considered that the acts of the accused demonstrators (participation in the demonstration of 28 March 2006 after calls for a demonstration had been made by the PKK, in accordance with the latter’s aims; the chanting of slogans in support of the PKK and |
Yevgeniy Geppa | 49. On 10 January 2006 the prosecutor's office requested the director of the Kursk Regional Clinic to explain the origin of, the possible cause of and methods of diagnosing the brain tumour found in |
Bukovčanová | 9. The situation of the applicants is structurally and contextually the same as that of the applicants in Bittó and Others v. Slovakia (no. 30255/09, 28 January 2014 (merits) and 7 July 2015 (just satisfaction)), and subsequently decided cases concerning the rent-control scheme in Slovakia (see Krahulec v. Slovakia, no. 19294/07; |
R. Dhzabrailova | 26. On 15 December 2005 the republican prosecutor’s office forwarded Ms R. Dzhabrailova’s complaint to the district prosecutor’s office with a request for more activity in the investigation, for all necessary measures to be taken to establish the whereabouts of the missing person and for Ms |
Yusup Satabayev | 28. On 14 September 2000 the acting prosecutor of the Urus-Martan district informed the applicant that her complaint had been forwarded to the Urus-Martan VOVD to open an investigation into the disappearance of |
Abdullah Öcalan | 47. In its judgment, the first-instance court cited the following evidence contained in the case file: the statements that A.G., K.O., Ş.Ö., H.K., N.Y., M.Ş., A.Y., C.P. and V.T. had made to the police within the context of the proceedings against them; the indictments in the cases against the aforementioned persons; the statements made by |
Valid Arzhiyev | 164. On 21 July 2011 the Chechnya investigations department returned the criminal case to the Shali investigations department, stating that there was no evidence proving the involvement of servicemen in the abduction of the applicant’s sons:
“... The discovery of traces of APC tracks and footprints made by army-type boots (though no forensic examinations have been conducted in this regard) is not enough to conclude that Usman and |
Miloš Jurisić | 43. Based on the copies of the partly inconsistent documents containing medical information, received by the Court after the communication of the present application, the Government maintained that between 24 November and 30 November 2006 the following applicants had not received any medical treatment or, if they had, no physical injuries had been recorded in the course of the examination: Mr |
Nadezhda Ivanovna Shchemeleva | 5. The applicants are:
1) The Church of Scientology of St Petersburg, an unincorporated group of Russian citizens formed for the collective study of Scientology (“the applicant group”);
2) Ms Galina Petrovna Shurinova, born in 1954, the president of the applicant group and a member since 1989;
3) Ms |
Aslan Dovletukayev | 15. On the same date the investigators sent requests to the Shali District Department of the Federal Security Service (FSB), the military commander’s office and the military prosecutor of military unit no. 20116, seeking information about whether special operations had been carried out in Ordzhonikidze Street in Avtury, whether |
Solange Lefèvre | 40. The applicants can be divided into three groups:
(i) Families rehoused in social housing
Four families were relocated in social housing between March and July 2008 further to the MOUS agreement of 12 November 2007 (see paragraph 37 above): |
Michael Tekin | 18. R. explained that owing to the exiguity of the cell, he was unable to maintain his grip on the back of the detainee’s neck and he decided to resort to a different stranglehold technique, which involved an “armlock” around the detainee’s neck, while forcing him down to the ground. When |
Magomed Edilov | 12. At about 2 a.m. on 9 December 2001 a group of about seven armed masked men in camouflage uniforms arrived at the applicant’s gate in two UAZ cars without registration plates. The men broke into the house and took |
Mehmet Salim Acar | 124. On 23 November 1995 Harun Aca made a statement at the Bismil gendarmerie central command, in which he declared that he had left Ambar in 1988. He had later joined the PKK until he had surrendered himself voluntarily on 4 April 1994 to the Derik gendarmerie district command. Owing to his participation in military anti-terrorist operations as a guide, it was impossible for him to return to Ambar. He had only done so on very rare occasions and for reasons of security had then always stayed on the premises of the Bismil gendarmerie district command. His parents, his spouse and family lived in Ambar. They did not have a hostile relationship with the other families living there, but owing to his personal position his family had become a PKK target. He confirmed that |
Diane Baines | 15. At the hearing in December 1999, which lasted one day, the applicant was accompanied by his social worker. He was not required to sit in the dock and the court took frequent breaks and dispensed with the formality of wearing wigs and gowns. The Crown case consisted of two written statements (by the victim of the alleged crime and the arresting police officer) and the oral testimony of two eyewitnesses. The applicant gave evidence that he had committed the offence under duress, and |
Rizvan Tatariyev | 189. On 22 December 2001 the nineteenth applicant complained to the district prosecutor’s office about the detention of her son Sharpudi Visaitov on the previous night by military servicemen wearing masks. A similar statement was submitted by the fourteenth applicant on 3 January 2001 concerning the kidnapping of her son |
the Minister of the Interior | 20. In a registered letter with recorded delivery received by the Ministry of the Interior on 2 December 1997, the applicant association presented the Minister with a claim for compensation for the pecuniary and non-pecuniary damage caused by the application of the unlawful order of 29 April 1988 for more than nine years. According to the applicant association, the implementation of this order amounted to tortious conduct on the part of the authority. It estimated the overall losses it had sustained at 831,000 French francs (FRF), including FRF 481,000 resulting from the financial loss deriving directly from the prohibition of sales of the book throughout France. To date it has not had any reply from |
Ramzan Babushev | 63. The investigation failed to establish the whereabouts of Ramzan Babushev, even though the investigating authorities sent requests for information to the competent State agencies and took other steps to have the crime resolved. At the same time the investigation found no evidence to support the involvement of the federal forces in the crime. The law‑enforcement authorities of Chechnya had never arrested or detained |
İsmet Erdoğan | 61. On 7 February 2002 the Istanbul Assize Court rendered its judgment in the case and acquitted the accused police officers of the charges brought against them. The first-instance court noted that the deceased |
Yakub Dzhabrailov | 16. Later on the same day the second applicant went to the Argun town administration, where she met about fifty relatives of other men arrested during the special operation. Two representatives of the town council informed her that the arrested men had been taken to a “filtering” point on the outskirts of Argun, and they agreed to pass on clothes to Mr |
Süleyman Can | 96. He said that his job was to gather intelligence for use in maintaining public order and preventing crime. He was the leader of a two-man team. He and his colleague reported to the commanding officer, |
Abu Hawsher | 19. Most of the defendants were convicted on most charges; some were fully or partly acquitted. The applicant was convicted and sentenced to 15 years’ imprisonment with hard labour. Other defendants, including |
Ebubekir Deniz | 14. At about 1.30 p.m. on 25 January 2001, three people in a blue Fiat purporting to be police officers attempted to force Serdar Tanış to get into the car. Having informed them that he would go to the central gendarmerie station only if he received an official summons, he made his way to HADEP's offices. On receiving a call on his mobile phone from the gendarmerie commanding officer, he went to the station accompanied by |
Arbi Karimov | 64. On 8 April 2004 the military prosecutor’s office of military unit no. 20102 forwarded the second applicant’s complaint about the search for her son to the Chechnya prosecutor’s office. The letter stated that it had been established that the Russian military servicemen had not been involved in the abduction of |
Adam Ilyasov | 20. On 18 August 2003 the Military Prosecutor’s Office of the UGA informed the first applicant that her application had been examined. The inspection conducted had produced no evidence of involvement of servicemen in the abduction of Mr |
BOŽIĆ MARIJA | 8. On 6 April 1998 the Slavonski Brod Office of the Croatian Pension Fund (Hrvatski zavod za mirovinsko osiguranje, Područna služba u Slavonskom Brodu) accepted a payment by the applicant of 4,978 Croatian kunas (HRK) in respect of pension contributions for the period from 30 November 1992 to 31 December 1994. It issued a certificate of payment, which read as follows:
“This is to confirm that on 6 April 1998 the person contracted to pay contributions, |
Ľubomír Feldek | 9. At the relevant time the applicant was the publisher and editor in chief of the weekly Domino efekt. In 1994 and 1995 the weekly published three articles which concerned civil proceedings for defamation pending before the Slovakian courts. The proceedings were between Mr Slobodník, a Minister who became later a Member of Parliament, and Mr Feldek, a poet and publicist who had published a statement alleging, inter alia, that Mr Slobodník had a fascist past. The relevant parts of the articles, which were not written by the applicant, read as follows. 1. Article published on 1 April 1994
“Quo vadis, Slovakian justice? (A shameful judgment delivered by the Supreme Court)
When the Bratislava City Court put an end to the first round of the judicial dispute between Mr Slobodník and Mr Feldek dismissing the former minister’s action for protection of his personality rights, voices could be heard alleging that the outcome of the appellate proceedings before the Supreme Court would be different. They argued that [the Supreme Court] judges were ‘different’. Those views came true and Slovakia faces further ridicule at the international level. The Supreme Court chamber presided over by [judge Š. - the article mentioned the full name of the judge] did not disappoint.
A tragicomic farce
The Slovakian poet and writer |
Suleyman Surguyev | 50. On 10 March 2000 F.D. reported the abduction of her spouse, Adam Suleymanov, to the Zavodskoy temporary department of the interior of Grozny (“the Zavodskoy VOVD”). On 15 March 2000 the first and third applicants also reported the abduction of their sons, |
Salman Bantayev | 46. On 22 August 2007 the investigators questioned the eighth and fourth applicants as well as Salman Bantayev’s neighbour, Mrs M.M. The eighth applicant testified that on an unspecified date in January 2003 he had woken up and had seen a group of armed masked men in camouflage uniforms in the house. They had demanded money and gold; having spent about twenty minutes in the house, they had left with his father |
Khadzhi-Murat Yandiyev | 67. In October 2005 a comprehensive psychological and psychiatric report carried out by two senior medical experts concluded that, judging by the video extract and other materials, the behaviour of both Colonel-General Baranov and |
Suren Muradyan | 32. On 13 September 2002 they were charged under the same Article and were detained. This decision stated that on 21 July 2002 at around 6.30 p.m. near Martuni post office, officers V.G. and D.H., being public officials and suspecting |
Vedathan Gülşenoğlu | 9. On the same day, the body was examined by a doctor in the presence of the public prosecutor. The doctor's report observed two sutured injuries of 2 x 1 cm. on the right parietal lobe and on the left occipital lobe and fractures on the cranium. The report further indicated that |
Cennet Cabat | 6. On 28 April 2001 police officers from the Anti-Terrorism Department of the Ankara Security Directorate arrested the applicants Gülşen Arslan, Fadime Çelik and Derya Binay at their house. According to the arrest report, the police acted upon a complaint filed by the proprietor of the house, who suspected that the tenants were carrying out some illegal activities on her property. Subsequently, the police also searched the Tohum Cultural Centre and took |
Rizvan Aziyev | 19. On the same evening, 31 October 2009, an officer who introduced himself as Mr Isa, the district police officer, arrived at the applicants’ house, although neither the applicants nor their relatives had informed him about the events. The officer knew that Mr |
Abdülhakim Bakir | 266. Mr Güven confirmed his allegation that in 1992 Sabahattin Acar had brought cyanide poison into the prison in order to harm PKK opponents who were putting pressure on members' families. Mr Acar had handed over the poison to Mr Güven directly. He had no comment on the statement of another PKK confessor, |
Piotr Potocki-Radziwiłł | 8. On 3 December 1990 the Warsaw District Court declared that the estate of Józef Potocki had been inherited, pursuant to the relevant provisions of the Polish Civil Code, by his wife Pelagia-Maria Potocka for four sixteenths, and by each of his children, |
Ferhat Tepe | 65. In this letter, the authorities of the Ministry of the Interior informed the Foreign Ministry of their conclusion that, having regard to the way in which Ferhat Tepe had been abducted and to the anonymous telephone calls, Ferhat must have been killed by members of the PKK, in a settling of scores within the organisation. They also noted that the allegation that the authorities had failed to respond to the applicant’s request for help was untrue since, following receipt of the applicant’s complaint, an investigation had been started and the photographs of |
Timur Yarulin | 13. Immediately after the detention of Magomed and Kharon Khumaidov the applicant and other relatives arrived at the FSB base in Khatuni, enquired about the Khumaidovs and attempted to provide them with warm clothes. Several FSB officers who had the names or nicknames Damir, Shamil, Dima and |
Timur Khambulatov | 43. On 27 March 2004 the investigators questioned the applicant, who stated, among other things, that at about 4 a.m. on 18 March 2004 her son Timur Khambulatov had been taken away by armed men in camouflage uniforms who were speaking Russian and who had arrived in two APCs (armoured personnel carriers), two GAZ minivans (tabletka) and two UAZ cars. The men had not hit |
Yakup Aktaş | 121. Ercan Günay, a Master Sergeant in the gendarmerie, stated that he had been serving at the Mardin provincial gendarmerie interrogation centre since 18 September 1990. Together with Major Aytekin Özen he had undertaken the task of interrogating |
Beslan Dolsayev | 20. In support of their application the applicants submitted a number of documents, including the following: witness statements provided by the first applicant on 20 May 2003, 13 July 2003 and on an unspecified date; witness statements provided by the second applicant on 20 May 2003 and on an unspecified date; a witness statement by the applicants' neighbour Mr S.A., provided on an unspecified date; a witness statement by the applicants' neighbour Mr A.S., provided on an unspecified date; a witness statement by the applicants' relative Ms Z.G., provided on 20 May 2003; four character references for |
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