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S. Sisojeva | 39. The letters sent to the other two applicants were similar in content. The letter to the second applicant (Arkady Sisojev) stated in particular:
“... If your wife, Mrs Svetlana Sisojeva, avails herself of the opportunity to regularise her stay in the Republic of Latvia in accordance with the provisions in force, you will be entitled, under the Immigration Act, to obtain a residence permit. The Directorate is not aware of any reason which would prevent you from applying for and obtaining a residence permit in Latvia.
Under the terms of section 32 of the Immigration Act, only aliens residing in Latvia on the basis of a residence permit may apply to the Directorate for a residence permit ... In other cases, and where such a move accords with international human rights provisions and the interests of the Latvian State, or on humanitarian grounds, the Head of the Directorate may authorise the person concerned to submit the relevant papers to the Directorate in order to apply for a residence permit. As no order has hitherto been made for your deportation, you may submit the relevant papers ... to the Alūksne district office of the Directorate ...
...
In view of the above, the Directorate is prepared to issue you with a residence permit at your wife’s place of residence, in accordance with section 26 of the Immigration Act, on condition that |
Razambek Isiyev | 54. On 25 July 2002 the applicants and their relatives gathered in front of the military commander’s office in Argun. Mr M.Kh., the head of the FSB unit, assured the first applicant that he would bring Mr |
Ilias Sagayev | 16. The applicants sent numerous applications to various State authorities, copies of which have been submitted to the Court. In particular, on 18 October 2002 the first applicant applied in writing to the Military Commander, the Urus-Martan District Prosecutor’s Office, the Federal Security Service (FSB) and the Urus-Martan police, requesting assistance in locating Mr |
Colm McCartney | 7. On the night of 24 August 1975, Colm McCartney, the applicant's brother and Sean Farmer were driving home from the All-Ireland Gaelic football semi-finals in Croke Park, Dublin. Both men were found shot dead on the Cortamlet Road, Altnamachin, in South Armagh. |
Adam Ilyasov | 14. On 15 December 2002 the investigating authorities sent requests to the Shali department of the Federal Security Service (FSB), the Shali District Military Commander, the military prosecutor of military unit no. 20116, the deputy commander of the UGA, the first deputy head of the Temporary United Alignment of Agencies and Units of the Ministry of the Interior [ВОГО и П МВД – временная объединенная группировка органов и подразделений МВД], and the commander of the interior troops of the Ministry of the Interior in the North-Caucasian Region so as to identify which units were involved in the special operation carried out in Mesker-Yurt on 15 November 2002. According to the replies received, none of those agencies had conducted a special operation in Mesker-Yurt on the date in question or had any information about Mr |
the Florence | 7. In a writ served on the tenant on 19 October 1989, M.S. informed the tenant that he intended to terminate the lease on expiry of the term on 31 December 1991 and asked her to vacate the premises by that date. He summoned the tenant to appear before |
Kharon Khumaidov | 14. From 13 February 2002 onwards the applicant repeatedly applied in person and in writing to various public bodies, including prosecutors at various levels, federal and regional departments of interior, administrative authorities of the Chechen Republic, the Special Envoy of the Russian President in the Chechen Republic for Rights and Freedoms and the Representative for Rights and Freedoms in Russia. She was supported in her efforts by Human Rights Watch (“HRW”) and the SRJI. In their letters to the authorities the applicant and the NGOs described in detail the circumstances of the detention of Magomed and |
Necati Aydın | 57. On 26 April 1994 the Bismil Prosecutor questioned Mehmet Nuri Ay, the brother of Mehmet Ay. Mr Ay similarly confirmed that the Diyarbakır Court had ordered the release of his brother and Necati Aydın. He stated that he did not know how they had been killed and that he did not suspect anyone in particular. Mr Ay further stated that the third body, which had been found next to his brother and |
Trapeznikov | 9. In all of the applications, the first-instance courts found for the applicants, the judgments were upheld on appeal and they became enforceable. Subsequently, at the defendants’ requests, the presidia of the relevant regional courts quashed the judgments by way of supervisory review. In the applications |
Valentina Fotiyeva | 19. In the morning of 11 January 2000 the applicant, her sister and three other women went to the house at Derzhavina Street to pick up her uncle and to say good-bye to her parents. They found the gates closed and smoke coming out of the house. They received no reply to their calls, and forced the doors open. The cellar was burning and they were unable to access it. In the kitchen they found the applicant’s father’s body and the body of |
Suleyman Tsechoyev | 55. On 28 November 1999 the applicant's sister told the investigators that on 3 April 1999 she had visited her brother in prison and that on that day she had noticed marks from handcuffs and traces of beatings on his face. She also submitted that |
Judith McGlinchey | 17. On 10 December 1998 Judith McGlinchey called her mother in tears, complaining that despite having been given an injection, she could not stop vomiting and was getting no other medical support to assist her to come off drugs. She said that she was having to clean up her own vomit and thought she was going to die. The Government stated that there was a lavatory in her cell which she would have been able to reach and that the practice was for nursing staff to clean up if vomit landed on the floor or any other area. The only member of staff involved in the care of |
Levon Gulyan | 15. On the same day, that is 12 May 2007, a prosecutor of the Yerevan prosecutor’s office took a statement from PDCI Officer G.T., who submitted that Levon Gulyan had been brought to his office at around 2.30 p.m. and he had had a talk with him for about thirty minutes about the circumstances of the murder. In order to report to the deputy head of the PDCI, H.T., the results of the talk, he had then left the office but had not wanted to leave |
Isa [Gambar] | 54. At the trial hearings, each of the police officers concerned testified separately and was cross-examined by the applicants and their lawyers. In particular, police officer V.N. stated, inter alia, that when the public disturbance had started at Azadliq Square, some of the defendants, including the second and third applicants, had been inciting the crowd to violence and making such declarations as “ |
M. Nasukhanov | 62. On 9 July 2009 an official of the investigating unit requested his hierarchical superiors to extend the term of the investigation in case no. 59054. The request read, in so far as relevant, as follows:
“Between 12 and 19 February 2002 in the village of Starye Atagi of the Groznenskiy District unidentified military servicemen and officers of law-enforcement agencies [who were] using APCs, UAZ and Ural vehicles were carrying out special operations for the identification of members of illegal armed groups. At about 9.30 [a.m.] on 14 February 2002 a shoot out started between unidentified servicemen and unidentified insurgents. After the shooting, unidentified servicemen kidnapped |
Suren Muradyan’s | 92. On 15 April 2005 the bill of indictment was finalised and on 16 April 2005 approved by the Military Prosecutor of Armenia. Its relevant parts stated as follows:
“A number of hypotheses have been checked in the course of the investigation, which have been investigated in an objective manner. Thus, because of a watch found on [ |
Adam Sadgayev | 67. In 2006 the proceedings were resumed on 26 January, then suspended on 7 March, again resumed on 28 March and suspended on 28 April. During the active part of the investigation several relatives and neighbours of Mr |
Lieutenant D. | 23. On 31 May 2001 Captain S., a senior investigator with the military prosecutor’s office of the Caspian Fleet, issued a decision not to initiate criminal proceedings. The reasoning read as follows, in full:
“The inquiry established that the fact of abuse of power by |
Suren Muradyan | 46. On 12 April 2003 forensic medical expert M.B. was questioned. He confirmed that Suren Muradyan had already been ill with malaria when he sustained the old bruises in the area of the left side of the abdomen. He stated that the fact that |
Aminat Dugayeva | 7. The applicants are members of one family. The first applicant is the mother of Ms Kurbika Zinabdiyeva, who was born in 1968. The third, the fourth and the fifth applicants are sisters of Kurbika Zinabdiyeva. The second applicant is the mother of Ms |
Maja Škorjanec | 26. On 31 October 2014 the Zagreb Municipal State Attorney’s Office rejected the applicant’s criminal complaint. It examined the materials related to the investigation into the incident of 9 June 2013 and the criminal proceedings against S.K. and I.M. (see paragraphs 10-22 above). The relevant part of the decision reads:
“In view of the above, it is established without any doubt that on the day in issue there was a physical conflict between S.K. and I.M. and Š.Š. whereby [S.K. and I.M.] caused bodily injury to and threatened Š.Š., and those offences were committed primarily because of hatred towards Roma.
However, the statements of the witnesses Š.Š. and |
the Director of the Public Registry | 26. On 9 March 2007, the Constitutional Court found that there had not been a violation of Article 8 of the Convention. It held that the request for a “letter of citizenship” was in accordance with law, namely Article 244(1) of the Civil Code according to which the Director of the Public Registry had to be satisfied that at least one of the parties to the marriage was a Maltese citizen. Although an identity card and a passport were prima facie evidence of nationality they were not conclusive, especially when citizenship had been obtained through registration (as in the case of the applicant) or naturalisation, both being subject to revocation according to section 14 of the Maltese Citizenship Act (see relevant domestic law). The Minister's deposition in respect of the recently issued circular was irrelevant, since responsibility for ascertaining the compliance with the requirements of Article 244(1) was for the Director of the Public Registry. Thus, the requirement of a letter of nationality was in accordance with the law, pursued a legitimate aim and was proportionate. However, the Constitutional Court noted that from the witness testimony at the hearing of 2 May 2006, it was clear that the applicant was a Maltese citizen; however, interdepartmental lethargy had meant that |
Islam Tsechoyev | 41. On 11 May 2012 the investigators questioned the mother of Mr Abubakar Tsechoyev, Ms R.Ts., who stated that she had learnt of the abduction from Mr I.G. and that her relatives had been detained and ill‑treated by State agents. Similarly to her sons, the applicant and Mr Is.Ts. (see paragraphs 36 and 40 above), she referred to the detention and torture of her son Mr |
Alikhadzhiyev | 35. The investigation attempted to question Ruslan Alikhadzhiyev's brother R., who did not live at home, but the applicant refused to indicate his whereabouts. In February 2004 an investigator from the Shali District Prosecutor's Office noted that “the relatives and friends of |
Khamzat Merzhoyev's | 121. On 5 July 2008 the investigation questioned Mr M.Ch., an investigator at the ROVD. He stated that he was aware that on 23 November 2003 a group of about fifteen armed men in APCs had abducted Khamzat Merzhoyev from his house. After the resumption of the investigation in case no. 44090, the ROVD had taken a number of measures to establish |
Batyr Albakov | 32. On 1 November 2010 forensic medical experts examined the photographs. They considered that some of them could not be examined in view of their poor quality. From the remainder of the photographs, the experts discerned four wounds: a gunshot wound on the right side of the chest; a deep wound on the left shoulder joint, probably resulting from a blow by a blunt solid object; a surface wound on the left side of the chest (the experts ruled out the possibility of its being a gunshot wound); and a wound on the left side of the back, possibly caused by a hollow rectangular box-shaped object. In addition to the bruises documented in the official forensic report, the experts noted abrasions and bruises on the deceased’s chest. Lastly, they concluded that all the injuries visible in the photographs of |
Magomed Dokuyev | 7. The first and second applicants are the parents of Mr Magomed Dokuyev, born in 1977. The third applicant is the wife of Mr Magomed Dokuyev, with whom she had a son born in 2000. The fourth and the fifth applicants are sisters of Mr |
Robert Peša | 39. On 15 February 2008 a three-judge panel of the Zagreb County Court extended the applicant's detention on the ground under Article 102 § 1(4) of the Code of Criminal Procedure. The relevant part of the decision reads as follows:
“The indictment reveals a well-founded suspicion that the first to fifth ... defendants committed the criminal offences listed, which is a general statutory condition under Article 102 § 1 of the Code of Criminal Procedure for ordering detention.
... the second defendant |
Ilyas Iriskhanov | 65. As regards the events of 8 March 2005 Khadzhimuradov gave the following statement:
“Around one month after the departure of Shamil Basayev, on 8 March 2005, Maskhadov, Vakhid Murdashev and I were in the cellar. |
Murad Khachukayev’s | 90. When the application was communicated to the respondent Government the Court requested it to submit a copy of the entire investigation file no. 34023. However, despite the specific request from the Court the Government refused to submit a copy of the entire investigation file in the criminal case, stating with reference to the information obtained from the Prosecutor General’s office that the investigation was in progress and that disclosure of the documents would be in violation of Article 161 of the Code of Criminal Procedure, since the file contained information of a military nature and personal data concerning the witnesses. The Government submitted only several documents, which included:
(a) a procedural decision dated 12 February 2003 to institute criminal proceedings in connection with |
Rosenstingl | 13. Referring to Section 6 of the Media Act, the Regional Court found that the statement at issue fulfilled the elements of defamation (üble Nachrede) under Article 111 of the Criminal Code as it insinuated that Mr Stadler had remained inactive despite being aware of fraudulent transactions. Thus, it accused him of behaviour likely to lower him in public esteem. Although the incriminated passage purportedly cited statements of third persons, the applicant company remained responsible since it had failed to present these quotes neutrally without identifying itself with their content. The article’s style and choice of wording did not fulfil the requirements of a neutral presentation. In any case, the quote was not correct as Mr |
Solomos Solomou | 11. Notwithstanding the efforts of the United Nations Force in Cyprus (UNFICYP) and the United Nations Civil Police (UNCIVPOL), some demonstrators, including Solomos Solomou, entered the buffer zone. |
Cabrera Leon | 19. On the same day, the applicants were presented to an investigating judge at the police station in Brest, to determine whether or not their police custody should be extended. The reports submitted to the Grand Chamber by the Government show that certain applicants met one of the investigating judges (R. André) at 5.05 p.m. (Mr |
John McDowall | 15. On 21 July 2005, precisely two weeks after the first bombings, four explosive devices were discovered in rucksacks left on three underground trains and on one bus. As it was feared that the failed bombers would regroup the following morning and attempt to detonate further explosions, the MPS immediately launched an operation to find them (Operation THESEUS 2). This operation was led, as Gold Commander, by Police Commander |
Mikhaylenko | 32. Since the facts of the case were disputed by the parties, the Court conducted an on-the-spot investigation with the assistance of the parties. In this respect, three Delegates from the Court took oral evidence between 25 and 27 June 2007 from twenty-two witnesses on the following issues:
(a) the circumstances of the applicants' ill-treatment by the special forces of the Prison Department and operation of the special forces - the applicants, witnesses proposed by the applicants (Mr V. Didenko, Mr |
Abu Zhanalayev | 62. On 16 December 2002 Khas-Magomed Zhanalayev was questioned as a witness and stated that on 24 November 2002 Abu Zhanalayev had stepped out of his house and encountered armed men who had demanded to see his identity papers. |
Usman Mavluyev | 128. On 8 June 2004 the investigation had questioned Mr M., Usman Mavluyev's brother. He gave a similar account of the events to that given by the tenth applicant on 16 and 18 April 2004. He added that |
Ibragim Kushtov | 40. On 1 and 6 February 2006 the investigators questioned the police officers M.B., B.G and A.Kh. They all stated that at about 5.30 p.m. on 25 January 2006 they and their colleague Kh.B. had been on duty at the police station at the airport roundabout when Officer Yu.E. had informed them that armed men in camouflage uniforms in two white and dark Niva cars had abducted a man from a white VAZ-2107 a few hundred metres from the station and had driven off, leaving the VAZ at the scene. Having reported the incident to their superiors, the witnesses had gone to the crime scene and had found documents in the VAZ-2107 in the name of Mr |
Noam Shuruk | 46. Subsequently, the applicants transmitted to the Court a medical certificate issued on 23 February 2009 by Dr M.-A., a paediatrician in Lausanne, which reads as follows:
“I, the undersigned, certify that I have seen the child |
Adyevna) Asadulayeva | 5. The applicants are:
1) Ms Lyaylya Adiyevna Asadulayeva (also spelled as Leyla/Layla Adiyevna Asadulayevna), born in 1967;
2) Ms Aset Eslyudyevna Saitova, born in 1981, and
3) Ms Zinaida Adiyevna (also spelled as |
Perviz Muhammed | 16. In their submissions the Government maintained that, following his arrest, the applicant was held at the accommodation centre for foreigners within the premises of the Aydın Security Headquarters (the “Didim Accommodation Centre”). Among the documents submitted by the Government, an arrest report lists the names of twenty-two foreigners arrested on 4 August 2008, among whom there is a certain |
Magomed-Ali Abayev | 67. According to the documents submitted by the Government, the investigation in the criminal case was suspended and resumed on several occasions, and has so far failed to identify those responsible for the abduction of |
A.R. “Vanagas” | 39. In that context the trial court also rejected the applicant’s line of defence that he had not even been present in the operation in Kaunas, because he had already arrived at the KGB headquarters in Vilnius, where all the participants in that operation had gathered in its wake, in service uniform instead of plain clothes, and that he had therefore been excluded from taking part in that operation. The trial court pointed out that every action in a repressive organisation such as the KGB was painstakingly regulated and documented. Had the applicant in reality arrived in service uniform, this would have been evaluated as a gross breach of his duties and, without a doubt, would have been recorded in the KGB documents. On the contrary, after the operation the KGB placed even more confidence in him, and he was entrusted with the guard of |
Ilkin Bakir oglu Rustamzade | 12. Following his release, on 17 May 2013 the applicant was again arrested and charged under Articles 221.2.1 (hooliganism committed by a group of individuals) and 221.2.2 (hooliganism committed by resisting a public official) of the Criminal Code. The description of the charges consisted of a single sentence half a page long. The relevant part of the decision stated:
“... |
Yılmaz Ensaroğlu | 58. In his second petition dated 26 October 1999, addressed to the Diyarbakır public prosecutor, the applicant repeated his allegation concerning his son’s abduction. The applicant further stated that two plain-clothes police officers had gone to his son’s house two days after the abduction and that, on the same day, a plain-clothes police officer had gone to his house, searching for his son. The applicant contended that he had been unable to obtain information about his son from the Diyarbakır Security Directorate. He requested the public prosecutor’s office to ascertain his son’s whereabouts.
(b) Letter dated 2 November 1999 from the head of the Organisation for Human Rights and Solidarity for Oppressed People (Mazlum-Der), Mr |
Arbi Yusupov | 19. On 29 July 2002 the investigators requested the Ivanovo Region prosecutor’s office to question the commanding officer of the police unit which had been manning the checkpoint and other police officers who had witnessed the abduction. The relevant parts of the request read as follows:
“... The preliminary investigation established the following:
On 23 March 2002 at about 8.30 a.m. at the checkpoint [manned by] the composite police unit of the UVD [department of the interior] of the Ivanovo Region ... stopped a Niva car driven by [Mr |
Serap Karabulut | 8. On 30 July 1998 the second applicant and his surviving daughter Serap Karabulut made statements to a prosecutor. The second applicant maintained that his two daughters had been trying to flag down a car in order to go to a hospital in Sivas where they had had operations previously. When no cars stopped, the girls had decided to walk to their uncle's house but then the soldiers arrived and told the two girls to stop. |
Zoran Đekić | 7. According to the applicants, the police immediately handcuffed them and took them to the Prokuplje Police Station where they were beaten up. However, according to the official reports on the use of force prepared by three duty officers, the applicants were drunk and violent from the arrival of the police at the scene of the accident. As they tried to flee the scene and, moreover, attacked the officer who tried to stop them, the police decided to arrest them. At the police station, the applicants continued to behave violently. In order to subdue the applicants, the three duty officers hit them a couple of times with truncheons and then handcuffed them. In the process, as they resisted being handcuffed, Mr |
Magomed Akhmadov | 127. The servicemen had photographs of the first applicant’s third son, Mr Magomed Akhmadov, a student at Grozny University, who was away at that time, and seized some more from the applicant’s house. They compared the photographs and repeatedly asked the local residents about Mr |
Mehmet Yılmaz | 18. On 15 February 1996 the District Governor’s above letter was served upon one of the applicants Mehmet Yılmaz, who is the former mayor (muhtar) of the evacuated Elgazi village. The cover letter stated that the authorities were unable to find out the new addresses of the applicants and that therefore |
Sultan Isayev | 80. The applicant submitted the following witness statements concerning the events of 29 April 2001: witness statement by Mr Sultan Isayev's father concerning the arrest of his son on 29 April 2001, the relevant part of which is quoted in paragraph 13 above. Also provided were witness statements by Mr S. Kh., Ms A. and Ms S., who resided at Zheleznodorozhnaya Street in Alkhan-Kala and were neighbours of Mr |
Zarema Gaysanova | 61. On an unspecified date in April 2010 senior operational-search officer Mr P.G. provided the investigators with an information statement on the operational-search measures taken in the criminal case. The relevant part reads as follows:
“... It has been established by operational-search measures that at about 3.30 p.m. on 31 October 2009 servicemen from the Argun OVD, the 8th company of the 2nd regiment of the traffic police and the head of the Argun town administration security service conducted a special operation, as a result of which an active member of illegal armed groups Mr A.Kh. was found. He resisted arrest and ... was eliminated as a result ... It has also been established that in this household Mr A.Kh. had lived with his wife, |
Aslanbek Khamidov | 17. On 14 February 2002 the prosecutor’s office of the Chechen Republic informed the Shali Town Court of the Chechen Republic (“the town court”) of the following:
“At about 10 a.m. on 25 October 2000, in the course of a special operation, unidentified servicemen of the federal armed forces arrested |
Fennelly J. | 36. However, Fennelly J. noted that the courts had also recognised the possibility of making a prohibition order for the quite distinct reason that there had been a breach of an accused's right to trial with “reasonable expedition”. Noting that the judgment of Powell J. in Barker v. Wingo ((1972) 407 U.S. 514) of the Supreme Court of the United States had been influential in the development of the case-law of the Irish courts on the right to reasonable expedition and the consequences of its breach, |
Shamad Durdiyev | 46. In their additional memorandum submitted in September 2008 the Government, without indicating the dates and without providing copies of the documents, informed the Court that the investigation into both cases was ongoing. The prosecutors had questioned seven local residents who had been detained on 15 October 2002 or their family members. They confirmed that |
Roman Bersnukayev | 78. The investigation questioned some other local residents. On 4 February 2001 one neighbour of the Bersnukayevs' stated that he had not seen Roman for about a year or a year and a half. The witness had heard that |
M. Muradova | 52. Ms G.G. testified as follows:
“I had not known the claimant before. I was an observer in Polling Station no. 246 during the presidential election of 15 October 2003. At around 2-3 p.m. on 16 October 2003, near Azadliq Square, I saw |
Said-Selim Kanayev | 75. On 16 March 2002 victim status was granted to the first applicant, who was questioned on the same date. She submitted:
“...[Mr] Aslan Akhmadov is my son. He was a fourth-year student at the oil college. Throughout the whole year he studied full time and did not skip lectures. He came home two days before the “sweeping” operation and stayed at home. When he left home, he did not go far and always let me or his father know where he was going.
On 6 March, at around 11 a.m. or 12 noon, my son and [Mr] |
Oksana Belenko] | 54. On 20 May 2011 the investigator decided to close the case again. The investigator reiterated the findings of the earlier expert examinations of the case and in particular the report of 12 January 2005 (see paragraph 35 above). Among other things, the investigator acknowledged that it proved impossible to find the medical records of the applicant’s daughter and the “tissue archive” and that, as a result, the experts were not in a position to conduct an additional forensic examination into the cause of her death. He further noted that:
“... during the preliminary investigation it was established that ... [ |
Talat Türkoğlu | 30. On the same day the Turkish Human Rights Association addressed a letter to the President of the Republic of Turkey on behalf of the applicant, informing him of the disappearance of Talat Türkoğlu and stated that the applicant had applied to various authorities. The President was requested to order a search for |
Ramzan Kukuyev | 23. The first applicant managed to speak to two residents of Tsa-Vedeno detained on 3 May 2001 and released four days later. They had been severely beaten and one of them had burns on his chest, back and legs and his arms were swollen. The men told the first applicant that they must have been detained at the military base between Shali and Serzhen-Yurt, since that was the only base, apart from the military base in Khankala, where military helicopters could land. They had been kept in a basement and severely beaten and tortured with electricity. One of them told the first applicant that he had seen her husband on 4 or 5 May 2001 when the latter had been taken for interrogation. He had also seen |
Abdurakhman Abdurakhmanov | 8. At about 8 p.m. on 25 June 2010 a group of five officers from the Sovetskiy district department of the interior in Makhachkala (the Sovetskiy ROVD) arrived at the first applicant’s house. One of them, who identified himself as Shamil, showed the first applicant arrest warrant no. 6/3-3726 issued in the name of her son Mr |
Vakhit Avkhadov | 52. On 5 August (or September) 2001 (the date is partly illegible) a police officer of the Urus-Martanovskiy Department of the Interior took a written statement from the first applicant (объяснение). According to the statement, at about 6 a.m. on 24 April 2001 a group of armed camouflaged men had burst into her house and taken away her son, |
Zakshevskiy | 40. A further four pages of the judgment were dedicated to a discussion of whether the defendants’ pre-trial statements had been coerced. In rejecting that allegation, the court stated in particular that: (i) the second applicant’s statements had been made in the presence of a lawyer hired by his wife; (ii) the defendants had changed their statements over the course of the investigation to minimise their own role in the crimes and their culpability, which was inconsistent with their allegation that their statements had been forced on them by the authorities; (iii) a video recording of the second applicant’s interview and of a reconstruction of the crime with him and Mr |
Lecha Basayev | 82. On an unspecified date the investigators again questioned the first applicant who stated that at about 2 a.m. on 6 July 2002 a group of unidentified armed men had broken into their house. The men, who spoke unaccented Russian, had been wearing camouflage uniforms and masks. They had told her to go to another room and started searching the house. Upon completion of the search the men had told her not to follow them. Sometime later the applicant had gone outside and had seen that the armed men were walking with her husband |
Khamid Mukayev | 60. On 14 November 2006 the investigation interviewed M.F., who lived at 26 Pervomayskaya Street, as a witness. She submitted that at about 4 a.m. on 16 September 2004 she had been woken up by the noise of several vehicles. When she got outside she saw two light-coloured Gazel vehicles without registration plates. M.F. heard a walkie-talkie in one of the vehicles but could not catch what the people were saying over it. A man in a camouflage uniform with a sub-machine gun was standing near the vehicles. Suddenly another armed man in camouflage ran to him and ordered him in Russian to get the vehicles to the applicants' house. When the vehicles arrived there, about ten armed camouflaged men got into them. Shortly thereafter the two vehicles started taking off. They were followed by an APC with several servicemen on it. Once the convoy had left, M.F. ran to the applicants' house, where she was told that the servicemen had taken away |
Kenan Bilgin | 23. On 9 December 1994 the deputy director at the Security Directorate, Ülkü Met, sent a letter to the Ankara public prosecutor’s office, the relevant parts of which read:
“... Between 12 September and 21 November 1994 the anti-terrorist branch carried out 249 arrests. Of those arrested, 115 were brought before the principal public prosecutor at the National Security Court and the remaining 134 released. In addition on 16 and 17 October 1994 the Committee for the Prevention of Torture carried out two ad hoc visits to the Security Directorate. They did not report any case of unlawful detention there ... In the interests of an effective investigation, persons remanded in custody, whether members of the same or of different organisations, never see each other unless a confrontation becomes necessary. Even for the purposes of answering a call of nature, remand prisoners are taken to the toilets individually and are accompanied by a warder. Furthermore, members of the same organisation are put in cells that are far apart from each other ... The sole aim of the persons whose names appear in the complaint and who claim to have seen the person known as |
Ramazan Keskin | 62. On 27 November 1997 Prosecutor Sami Güngör at the Diyarbakır Court asked the Diyarbakır Police and the Diyarbakır Gendarmerie to search for the perpetrators of the killings of Necati Aydın, Mehmet Ay and |
Ayubkhan Magomadov | 11. On 12 October 2000 the head of the criminal police of the Oktyabrskiy Temporary Department of the Interior (VOVD) in Grozny (начальник криминальной милиции временного отдела внутренних дел Октябрьского района г. Грозного), Major I., issued a certificate stating that on 2 October 2000 |
Jakob Bachmayer | 7. On 27 June 1985 the Salzburg Office of the Regional Governor in its capacity as Agricultural Authority (Amt der Landesregierung als Agrarbehörde) dismissed the request (“count 1”, divided into “lit.a”, “lit.b” and “lit.c” with regard to different rights). However, in the same decision the authority granted a request by the Austrian Federal Forests to pay compensation in exchange for the right to use the wood (“count 2”). The first applicant and |
İsmail Beşikçi | 15. This book was a compilation of interviews given by the author, İsmail Beşikçi, to various foreign and national newspapers, some of which were never published. The Istanbul State Security Court highlighted certain extracts to support the applicant's conviction:
“Kürt sorununun odak noktasının Kürdistan'ın bölünmesi ve paylaşılması olduğunu düşünüyorum, bugün Iran'ın bir Kürdistanı var, Irak'ın bir Kürdistanı var, Türkiye'nin bir Kürdistanı var... Kürt ulusuna karşı böl yönet politikası uygulanmıştır...
...Türkiye'de Kürtlere karşı yoğun bir devlet terörü var, Yani terörü devlet yapıyor. Örneğin devlet şöyle işler yapıyor Kürdistanda: Çoçukları bir duvarın dibine diziyor. Duvarın karşı tarafta da çocukların babalarını veya dedelerini diziyor. Karşılıklı iki ev. Bir tarafta babalar, dedeler işkence görüyorlar, diğer tarafta da onlarin çocukları ...
...Kürdistan ulusal mücadelesinin çok onurlu, sonsuz derecede meşru bir mücadele olduğu kuşkusuzdur. Kürdistan'da kapsamlı, yoğun ve onurlu bir gerilla mücadelesi sürerken, yurt dışında olmanın bu mücadeleye aktif olarak katılamamanın yurt dışındaki kürtler için çok büyük bir güçlük oluşturduğunu düşünmekteyim ... Kürdistan ulusal kurtuluş mücadelesine katılmanın, bu onurlu mücadeleyi desteklemenin binbir türlü yolu vardır... Kürdistan ulusal mücadelesi içinde yeralan bütün işçilere, bütün köylülere, aydınlara, gerilaya katılan genç erkeklere ve kadınlara, gerilayı destekleyen herkese, gerilla mücadelesinin önderliğini yürüten bütün kadrolara, başkan Apo'ya binlerce selam olsun ...”
<Translation>
“I think the focal point of the Kurdish problem is the division and partition of Kurdistan. Today, Iran has a Kurdistan, Iraq has a Kurdistan, [and] Turkey has a Kurdistan. ... The policy of divide and rule was applied to the Kurdish Nation. ...
...There is intense State terror against the Kurds in Turkey ... For example, the State is doing the following in Kurdistan: It is assembling children next to the wall. On the other side of the wall, it is assembling their fathers or grandfathers. Two houses facing each other. On the one side, fathers and grandfathers are tortured, on the other their children. ...
...There is no doubt that the Kurdistan national struggle is a very honourable, infinitely legitimate movement. I think that while the comprehensive, intense and honourable guerrilla struggle is continuing in Kurdistan, it is difficult for the Kurds in foreign countries not to be able to participate actively in this struggle. ... There are thousands of ways to participate in the Kurdistan liberation struggle, [and] to support this honourable struggle. ...Thousands of salutations to workers, villagers and intellectuals who participate in the Kurdistan national struggle, young men and women who joined the guerrillas, all those who support the guerrillas, to all the cadres who lead the guerrilla struggle [and] to leader Apo. ...” 2. “The case of |
Zina Abdulmezhidova | 39. The fourth and the fifth applicants are wife and husband. During the winter of 1999 to 2000 they remained in Grozny in their house at no. 20, 3rd Tsimlyanskiy Lane. Within the same courtyard in a separate house there lived the fifth applicant's sister and brother, |
Shchiborshch | 71. On 8 June 2007 the first applicant was confronted with police officer L. (see paragraph 22 above). The first applicant’s account of the events of 7 July 2006 was in line with his previous statements. L. stated that he partially confirmed the first applicant’s account. He further submitted that in front of Mr |
Raisa Gakayeva | 90. On 4 March 2001 the seventh applicant and three other relatives went to the Emercom premises to identify the bodies. The bodies were in an advanced stage of decomposition and the relatives could only identify them by earrings and clothes. The body of |
Süleyman Acar | 46. In its report dated 8 November 1993 the Forensic Medicine Institute informed the court that it was possible from a medical perspective to remove the fragments of bullet found in Süleyman Acar’s body. At the following hearing the court decided not to carry out an operation on |
Richard Taxquet | 7. The indictment further noted on pages 11 to 12:
“Carlo T. accuses Richard Taxquet, P.D.M. and A.V.D.B. of having ordered the murder of A.C. ...
In April 1991 Richard Taxquet informed him about an altercation he had had with A.C., who, having evidently found out about certain matters, had told |
Bolat Haci-Bayram | 20. On 26 February 2003 the Nalchik Town Court dismissed the applicant's complaint, finding as follows:
“The administrative proceedings against [the applicant] were initiated, and a fine in the amount of 500 roubles was imposed on him, not only on the basis of the obvious fact, established by Inspector A., that [the applicant] had been outside his place of residence but also on the basis of the report drawn up by O. and Sh., district police officers of Department of the Interior No. 3 of Nalchik, on [the applicant's] residence in the Furmanova street flat from 20 November to 11 December 2002... [These police officers] gave statements as witnesses and stated that they had learnt from operational sources that a foreigner, named |
Sergeant Gamble | 19. On 3 July 2003 the Court of Appeal dismissed the applicants’ appeal. While Lord Justice Kennedy found that if proper enquiries had been made and the results properly reported there would have been no reasonable or probable cause to apply for a search warrant, he held that the requirement of malice was not made out as there was no evidence of any improper motive (incompetence or negligence did not suffice). He further held that the entry, being made under a warrant which was on the face of it lawful, was itself lawful and that while those responsible for sending |
Yagublu Tofig Rashid oglu | 28. On 5 March 2013 the Nasimi District Court dismissed the request and found that the preventive measure should be left “unchanged”. The relevant part of the decision read:
“Taking into account the character and degree of danger to the public of the criminal offences attributed to the accused, the court considers that it is not possible to attain the objective of the preventive measure without keeping the accused |
Ruslanbek Alikhadzhiyev | 34. On 17 July 2007 the district prosecutor’s office replied to the applicant saying that it had taken all investigative steps which could have been taken in the absence of there being anyone to be charged with the abduction of |
Franck Ladent | 20. On 10 January 2003 the Kraków–Śródmieście District Court resumed the private prosecution proceedings against the applicant, noting that his abode had been established. On the same date it quashed the detention order of 15 July 2002 and replaced it with a ban on leaving the country and ordered the applicant to surrender his passport.
The District Court held as follows:
“The accused |
Sorin Creangă | 57. At the request of the Court, on 7 March 2011 the Government produced the statement of the prosecutor V.D., responsible for the proceedings brought against the applicant. Dated 17 January 2011, the relevant parts read as follows:
“After having consulted ‘the records’ of the file on the criminal investigation, I wish to clarify the following:
- The following ‘făptuitori’ [‘alleged perpetrators’ or ‘suspects’, at a stage prior to the opening of proceedings against them], officers of police section no. 5, were summoned on the aforementioned date [16 July 2003] by a written request sent to the head of police of the 1st District of Bucharest: G.S., D.M., |
Beletskiy V.V. | 29. On 25 July 2004 the deputy chief of the FSB Department for Chechnya replied to the applicant. He denied that Mr Adam Medov had been arrested or detained by the Department’s officers and stated that they had no information on his whereabouts. The letter further stated that Lieutenant-Colonel |
Bashir Velkhiyev | 56. On the same date investigator A. questioned medical assistant Kh. She submitted that she had been working as a medical assistant at the Organised Crime Unit since 2003 and was responsible for providing police officers with first aid. On 20 July 2004 at around 4 p.m. Deputy Head B. called her and asked her to examine a man in office no. 17. As she learned later, the man was Mr |
the Chancellor of Justice | 11. On 6 November 1989 the company requested that the police investigate whether the applicant had committed an offence by refusing inter alia to provide information about the whereabouts of the shares. On 7 December 1989 and on 9 February 1990 the police unsuccessfully carried out searches of his apartment. On 27 February 1990 he was questioned. He told the police that he had lodged, in December 1989 and January 1990 respectively, applications for an annulment of the winding up order and the final decision in the ownership proceedings. He had also lodged a complaint with |
Margvelashvili | 64. The defence also requested the court to obtain from the prosecution the recordings made between 5.30 p.m. on 7 August 2000 and 1.40 p.m. on 8 August 2000. The defence stressed that during that period the applicant had had a telephone conversation with Ms |
Akhmed Buzurtanov | 65. The investigators also questioned Mr Akhmed Buzurtanov’s sisters, Ms F.B. and Ms Lu.B., both of whom stated that they had not witnessed the alleged abduction but had found out about it from a woman living at the corner of Zhebagiyeva Street, according to whom an abduction had been perpetrated by masked men in black uniforms driving three cars. In addition, Ms Lu.B. stated that another resident of that area, Mr M. Be., had confirmed the woman’s story and had added that one of the abductors’ cars had hit Mr |
Said-Emin) Islamov | 5. The applicant, who was born in 1943, lives in Urus-Martan, Chechnya. She is the mother of Mr Apti Islamov, who was born in 1977 (in the documents submitted also stated as 1976) and Mr Said-Emi (also spelled as |
Vakhit Dzhabrailov | 31. On an unspecified date the investigators questioned the applicant, who stated that on 3 January 2003 she had been at home. At about 10 a.m. a group of armed men in camouflage uniforms had broken into her house. At first the men had taken away her son Ramzan; however, they had brought him back soon afterwards and taken her second son, |
M. Tsutskiridze | 18. Later on 17 May 2012, the third and sixth applicants (Mr L. Berianidze and Mr G. Demetrashvili) sought medical help for their injuries. The third applicant had a bruised left knee, grazes on his left palm and fingers, a haemorrhagic forearm and a haematoma on the right eyebrow. The sixth applicant had a closed head trauma, cerebral contusions, and bruises on the left side of his chest. Two days later, on 19 May 2012, the fourteenth applicant (Ms |
Zalina Mezhidova’s | 23. According to the applicants, on 29 October 2001 the corpses of Amkhad Gekhayev and Zalina Mezhidova, wrapped in plastic sheeting, were brought by a helicopter to the Gudermes District military commander’s office. The bodies were severely mutilated – the upper half of the body was missing from |
Nelson Mandela | 6. On 31 May 1995 an article titled “The International Atatürk Peace Award” (“Uluslararası Atatürk Barış Ödülü”) was printed by the applicant in the daily Yeni Politika newspaper. On the same day the newspaper was seized by security forces upon the order of the Istanbul public prosecutor at the printing office, before being distributed.
The impugned article read:
“Peace, just like freedom, is a sacred creation of human consciousness and desire. This treasure deserves constant struggle, sincerity, alertness and solidarity for it. Peace, just like freedom, requires sacrifice and effort.
It is certain that all peoples of the world understood the value and meaning of keeping peace better after the two world wars whose pain will continue to horrify the human consciousness for centuries. The rise of the anti-war movements, both at the national and international level, is the reflection of this consciousness. In fact, history has proven that for a permanent peace it is essential that an end be put to all forms of exploitation and discrimination and that the social system rest on the foundations of tolerance, mutual respect for rights, justice and the rule of law. This undisputable principle is also the only guarantee for today, both nationally and internationally.
Nowadays, peace movements in many countries, in addition to their own peace efforts in their countries, monitor the events out of their countries like a radar device and try to offer solidarity with people who fight for peace and freedom. In order to realize this purpose, national committees are being set up and the peace efforts of individuals and institutions are supported with annual peace awards. These committees’ decisions are generally taken after meticulous inquiries concerning the nominees. Among these awards, the Nobel Peace Prize is the most distinguished one.
As it is known, in the recent years the Republic of Turkey, having been influenced by the above-mentioned activities, introduced the International Atatürk Peace Award. By doing this, the statesmen, who have stripped concepts like freedom, equality, democracy, justice and law of their substance and who believe that they have succeeded in deceiving their own people and the international community with poor caricatures of those concepts, likewise have diluted and distorted the concept of peace.
First of all, those who cannot establish democracy in all the institutions and regulations of their country, those who ignore human rights and who want to destroy all values of the people with racist and ravaging policies should not have the right to use a high concept like peace, insincerely, for their political purposes. Which country, where people are tortured and killed in custody, made to “disappear”, shot in the middle of a street; where villages and towns are evacuated, forests are burned down, gives a peace award? No. Nobody has the right to pollute the concept of peace and no one should.
It is known that the roots of the increasingly dirty war in Turkey today go back to the first years of the Republic. And who is responsible for the period between 1925 and 1938 when the identity and rights of the Kurdish people were denied and the experiments of brutal genocide were put into practice? Who is the architect of the policies of the Republic of Turkey which aimed at denying and exterminating Kurds from history? What is it, if not hypocrisy, to pronounce the name of the person who is the godfather of today’s dirty war together with the word ‘peace’ and to organize a peace prize in his name? No!...No!... No one should have the right to abuse a mighty concept like peace in such a way. In fact the reason for which |
Sultan Arıkan (Seçik | 7. The applicant complained, in particular, that she had been blindfolded, forced to remain standing or sitting for a long time, left exposed to the circulation of cold air, sworn at, refused toilet breaks and sexually harassed.
c) |
Ramzan Babushev | 59. On an unspecified date the investigators questioned the applicants' neighbour, Ms A.A. who stated that on 4 February 2003, at about 11 a.m., she had gone to the house of the first applicant. When she was there, an UAZ car without registration numbers arrived at the house. Five or six men in camouflage uniform, of Slavic appearance, got out of the car. They introduced themselves as police officers and explained that they had brought the car for repairs. Some time later, from the window of her house, the witness had seen an APC which had arrived at the applicants' house. About ten men in masks had got out of the APC, cordoned the street and went into the applicants' house. They spent about an hour there; after that they took some sacks from the house outside and loaded them into the APC. After these men had left, the witness learnt from the first applicant that they had taken |
Vadim Pisari | 16. On 2 January 2012 the military commanders of the joint peacekeeping forces from the Russian Federation, the Republic of Moldova and the so-called Republic of Transdniestria created a commission to investigate the incident of 1 January 2012. The commission was headed by a Russian colonel and comprised three other members from Moldova, the so-called Republic of Transdniestria and Ukraine. An undated report of the commission was presented to the Court by the Russian Government. However, as submitted by the Moldovan Government, it was not signed by the Moldovan member of the commission and therefore had no legal effect. According to the report, |
Tengiz Assanidze | 61. In letters of 20 April and 22 May 2001, the General Public Prosecutor's Office of Georgia informed the applicant's wife as follows:
“... [I]n response to your letter, I wish to inform you that the General Public Prosecutor's Office of Georgia is making every effort to secure compliance with the judgment of the Supreme Court of Georgia dated 29 January 2001 and to bring Mr |
Gilani Iriskhanov | 16. Immediately after the abduction of their sons the applicants, along with other residents of the village, went to the Samashki military commander's office (the military commander's office). It appears that by midnight of 19 June 2002 a crowd of almost 300 local residents gathered there. They demanded the release of Zurab and |
İhsan Haran | 19. The applicant then started visiting several prisons in order to find out whether anyone had seen her husband. She met one person, whom requested from the applicant not to be named, who was placed in the Dormitory 31 at the Diyarbakır E-type prison and who told her that he had seen |
Apti Isigov | 10. The first applicant is the mother of Apti Isigov, who was born in 1978. The second applicant is the first applicant's daughter and Apti Isigov's sister. They live at 34 Pervomayskaya Street in Sernovodsk. According to the applicants, at the material time |
Khamzat Tushayev | 10. Khamzat Tushayev stayed in hiding until June 2003, fearing reprisals for the fact of his leaving Duba-Yurt together with insurgents. In June 2003 the first applicant learnt from the head of the local administration that |
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