target
stringlengths 11
53
| prompt
stringlengths 200
14.1k
|
|---|---|
Sultan Shotovich Vagapov
|
11. The Government confirmed that a special operation had taken place in the vicinity of the village of Zumsoy between 14 and 16 January 2005, which had resulted in detection of a boot camp belonging to the insurgents. An airstrike and subsequent search of the area lead to the discovery of the corpse of the applicant’s son,
|
Abdul-Yazit
|
81. On 12 March 2010 the investigators questioned Mr A.U., deputy head of the criminal search division of the Shali ROVD, who confirmed that he had had a telephone conversation with the Envoy, Mr O.Kh., after the abduction and that he had mentioned to the latter that
|
Ramzan Shaipov
|
61. The applicants then conducted their own investigation into the abduction. Their acquaintance, Mr N. E., informed them that Mr Ramzan Shaipov had been taken to the FSB station in Avtury upon the order of Mr G., an FSB officer, also known as ‘Terek’. Afterwards, Mr
|
Zechmeister
|
20. In its submissions in reply the Vienna Federal Police Authority contested these allegations. It stated that during his hunger strike the applicant had regularly been weighed and his blood-sugar level had been checked. Because of conflicts with former inmates the applicant had already been transferred from another cell. The applicant had several times pretended to faint and had requested an inmate, Mr Stojanovic, to call the prison officers. On the day in question the applicant had banged continuously against the cell door, had rung the bell and had disregarded the ensuing admonitions of the prison officers. In the evening he had gone to the lavatory situated in the cell, had fallen down and had suffered a slightly bleeding injury on his head. The applicant's inmates had subsequently dragged the applicant away from the toilet. The prison's paramedical officer, Mr
|
Levon Gulyan
|
29. On 21 May 2007 the results of the forensic examination of the marks were produced in report no. 16080702, which stated that the fingerprints found on the internal side of the middle part of the window frame and on the left window pane belonged to
|
Bekman Asadulayev
|
24. In a letter of 12 May 2004 the prosecutor's office of the Chechen Republic (the republican prosecutor's office) notified the third applicant, in reply to her query, that the district prosecutor's office had instituted a criminal investigation into the abduction of
|
Justice of the Peace
|
13. On the same day, 23 May 1996, the applicants were brought before the Adana public prosecutor, who sent them to the Fourth Chamber of the Criminal Court of Peace in Adana. Before the Justice of the Peace of that Chamber, the applicants denied the accusations against them and complained that they had made their statements under torture. They were detained on remand, under Article 104 of the Code of Criminal Procedure, on the grounds of the state of the evidence and the nature of the offence of which they stood accused, which could be classified as a serious crime. The applicants were not represented by a lawyer before the
|
Nataliya Dmytrivna Maksymenko
|
4. Ms Yefrosyniya Semenivna Bilokin was born in 1925, Ms Olena Oleksandrivna Shebitko in 1972, Mr Anatoliy Ivanovych Shebitko in 1973, Mr Petro Ivanovych Shebitko in 1967, Mr Sergiy Ivanovych Maksymenko in 1965 and Ms
|
the Unknown Soldier
|
33. The Pecherskyy Court held that the applicant’s arguments had no impact on the legal classification of her actions and that they were refuted by the evidence as a whole. The judgment further stated in that regard:
“... the court considers that by committing deliberate acts in a group which showed disrespect for the burial place of
|
Yakup Aktaş's
|
75. Alaattin Aydın, a police constable serving with the Derik district police force, stated that on 18 November 1990 the Derik district gendarmerie had requested Yakup Aktaş's arrest. Together with a colleague he had asked
|
Abdullah Öcalan
|
25. Regarding Leyla Zana, the Court of Cassation noted the following: she had undergone political training in a PKK camp in Bekaa (Syria); she had had four conversations with the head of a clan in south-eastern Turkey, advising him not to prevent the PKK from attacking State targets and encouraging him to telephone the head of the PKK, addressing him as “Mr Secretary General”; she had twice visited the head of another clan to encourage him to join the PKK to help found Kurdistan; she had handed over to the PKK one of its opponents who had been abducted by PKK militants; she had described slogans such as “Long Live Apo [Apo is a diminutive used to refer to
|
Said Nursi’s
|
24. A specialist called by the applicants, a doctor of philosophy, criticised the experts appointed by the prosecution for taking fragments of text out of context and thereby distorting their meaning.
|
Musa Temergeriyev
|
168. In 2007 and 2008 district departments of the criminal police reported that they had neither detained Musa Temergeriyev on criminal or administrative charges, nor carried out any investigation in respect of him.
|
Casper Sikking
|
52. Officer Van Daal was a uniformed police officer on the basic police assistance staff. The previous night she had been seated at the plotting table from 8.15 p.m. until midnight. Until the shooting it had been a quiet night. She had sat there with Officer Braam and Superintendent
|
Shchiborshch
|
106. On 18 February 2008 the second applicant was questioned yet again (see paragraph 100 above). She confirmed her earlier statements and commented on the police officers’ submissions made in the course of the re-enactments conducted on 15 February 2008 and earlier questioning. The second applicant stated that the submissions of S. and D-n. of the special police unit were untenable and pointed out that in response to important questions they had answered that they either did not know or did not remember. In particular, they did not remember how they had broken the kitchen door and the kitchen table and thrown them into the lobby. Immediately after the events the first applicant found a broken table leg in the kitchen near the balcony window. The end of the table leg had blood on it. The first applicant put it on the balcony, where it remained to this day. Hence, D-n.’s statement that he had found a rubber truncheon on the refrigerator in the kitchen was untrue, as a rubber truncheon could not have been there. Not only had the regular police squad not entered the flat but by that time they had left, and the special unit officers were the first ones to enter the kitchen. The only baton that remained in the kitchen was the leg of the broken table, which D-n. must have used as he did not deny hitting Mr
|
Salakh Elsiyev
|
83. On 12 September 2002 the investigators questioned the first applicant, who stated that at about 3.15 p.m. on 3 September 2002 a group of armed men in camouflage uniforms and masks had arrived at his house in APCs and a UAZ car; the vehicles’ registration numbers had been concealed with mud. The men, who had been armed with Stechkin automatic pistols with silencers, had taken away his son,
|
Chistodoulos
|
13. Following a request from the Court, in a sworn affidavit of 24 September 2009 the applicant declared that she was the daughter of Polykarpos Panayioti, who had died on 27 December 1975, and of Anastasia Panayiotou, who had died on 12 January 1989. Her mother's father name was
|
Adam Ayubov’s
|
44. In their additional memorial of 30 January 2007, however, the Government submitted copies of several documents which included:
(a) procedural decisions of 20 May 2005, 28 September and 4 November 2006 and 19 January 2007 suspending and reopening the investigation in case no. 12275;
(b) investigators’ decisions of 4 October 2006 and 19 January 2007 to take up case no. 12275;
(c) letters issued in 2005-07 informing the applicant’s wife and her other son,
|
Suren Muradyan
|
38. On 2 December 2002 the applicant lodged a complaint with the Military Prosecutor of Armenia, arguing in detail that his son had died as a result of a beating by officers V.G., D.H., K.Z. and another officer, B., as well as the failure of the doctors of the military unit, S.G. and A.H., to provide medical assistance. He claimed that serviceman G.M. had admitted during questioning, in his presence, that he had been badly ill-treated by officer K.Z. in his office.
|
Ruslan Askhabov
|
46. On 16 December 2002 in connection with the abduction of the applicants’ relatives, the district prosecutor’s office instituted an investigation under Article 126 § 2 of the Criminal Code (aggravated kidnapping). The case file was assigned number 52158. According to the Government, the criminal case was opened upon the report of an operational officer of the ROVD dated 30 December 2002 stating that “on 10 December 2002 unidentified men in white camouflage clothing, armed with automatic weapons, broke into the house at 37 Zabolotnogo Street, where, using weapons and threats of murder, they forcibly took away the employees of the Oktyabrskiy ROVD
|
Zurab Tsintsabadze
|
20. When questioned on 5 October 2005, the Khoni prison governor, A.L-iani, stated that the usual evening inspection had taken place on 30 September 2005 at 7 p.m. B.J.-dze, the officer carrying out the inspection, had reported back that everything was in order and that all seventy-nine inmates were where they should be. Around 7.30 p.m., the inspection officer-in-chief had reported to the governor that an inmate was unwell. The governor had headed to the storeroom with two prison doctors and found the applicant's son lying on the ground. He was still alive.
|
Ildiko Kalanyos
|
46. On 26 July 2008 Susana Ciorcan died at the age of fifty-six, two years after the incident. The proceedings were continued by her sons and daughters: Costel Ciorcan, Sorin Ciorcan, Carol Ciorcan, Sonia Biga,
|
P. Saprykin
|
22. The units assigned to police the march and the meeting belonged to “Zone no. 8” (Kaluzhskaya Square, Bolotnaya Square and the adjacent territory). The zone commander was the Chief of the Riot Police of the Moscow Department of the Interior, Police Colonel P. Smirnov, with nine high-ranking police officers (Police Colonel
|
Carlo Giuliani
|
103. The investigating judge also considered that the evidence in the file excluded any criminal responsibility on the part of F.C., given that, as indicated by the forensic experts, Carlo Giuliani's death had undoubtedly been caused within minutes by the pistol shot. The jeep's driving over the victim's body had caused only bruising. In any event, owing to the confused situation around the jeep, F.C. had not been able to see
|
Usman Mavluyev
|
17. On 7 January 2000 Ms Z.A., a friend and a remote relative of the Mavluyevs who also lived in Grozny, heard from other residents that, owing to the intensification of the military operations, on 8 January 2000 a “humanitarian corridor” would be arranged for civilians so as to let them escape from the fighting in Grozny. In the evening Ms Z.A. and
|
Suphi Dizman
|
46. During the hearing that was held before the trial court on 29 January 1997, the applicant confirmed the accuracy of the contents of his statement taken at the Police Headquarters previously. He further informed the trial court that he wanted to press charges against the defendants. The applicant’s brother
|
Ter‑Petrosyan
|
41. On 3 March 2008 the applicant was formally charged under Articles 225.1 § 2 and 316 § 2, as well as Articles 301 and 318 § 1 of the CC (see paragraphs 91, 94, 93 and 95 below), within the scope of criminal case no. 62202608, as follows:
“...from 20 February 2008 onwards [the applicant], together with Mr
|
Timur Beksultanov
|
21. On 1 December 2004 the republican prosecutor’s office replied to the applicant that her complaint about the abduction of Timur Beksultanov had been appended to case file no. 44050 opened against him in July 2003. She was also notified that
|
Francis Deng
|
60. On 29 May 2002 the Parliamentary Assembly of the Council of Europe adopted Recommendation 1563 (2002) on the “humanitarian situation of the displaced Kurdish population in Turkey”. The Parliamentary Assembly urged Turkey to take the following steps:
“a. lift the state of emergency in the four remaining provinces as quickly as possible, namely in Hakkari and Tunceli, Diyarbakır and Şırnak;
b. refrain from any further evacuations of villages;
c. ensure civilian control over military activity in the region and make security forces more accountable for their actions;
d. step up investigations into alleged human rights violations in the region;
e. properly implement the rulings of the European Court of Human Rights;
f. abolish the village guard system;
g. continue its efforts to promote both the economic and social development and the reconstruction of the south-eastern provinces;
h. involve representatives of the displaced population in the preparation of return programmes and projects;
i. speed up the process of returns;
j. allow for individual returns without prior permission;
k. not to precondition assistance to displaced persons with the obligation to enter the village guard system or the declaration on the cause of their flight;
l. present reconstruction projects to be financed by the Council of Europe’s Development Bank in the framework of return programmes;
m. adopt measures to integrate those displaced persons who wish to settle in other parts of Turkey and provide them with compensation for damaged property;
n. grant full access to the region for international humanitarian organisations, and provide them with support from local authorities.” 3. Report of the Representative of the Secretary-General on internally displaced persons, Mr
|
Iskhadzhi Demelkhanov
|
14. On 3 September 2002 the first applicant and his wife went to the filtration point. They saw that the apprehended men were being kept in the barn. From the date of Salakh Elsiyev’s apprehension the applicant went to the point every day, waiting for the release of his son. In the morning of 7 September 2002 the first applicant returned to the filtration point and saw that all the military vehicles had left in an unknown direction.
(c) Apprehension of
|
Snežana Bogdel
|
6. By a decision of 12 March 1992 the Trakai City Council leased a plot of land 22 square metres in size, situated at no. 41 Karaimų Street in the town of Trakai, to Galina Bogdel, the wife of Piotras Bogdel and mother of
|
Malisiewicz‑Gąsior
|
7. On 10 June 1992 Mr Andrzej Kern, at that time the Deputy Speaker of the Sejm, notified the Regional Prosecutor that a certain Mr Gąsior and Mrs Izabela Malisiewicz-Gąsior had kidnapped his 17-year-old daughter, M.K. However, Mr Gąsior and Mrs
|
Voskoboynikov
|
98. On 27 October 1998 the applicant, visited again by a prosecutor from the Prosecutor General’s Office, made another statement. He spoke in particular about the conditions of his detention in Khmelnitskiy Prison. He mentioned that he had been infected with tuberculosis in 1997 sharing a cell with Mr Yusev, who had earlier been diagnosed with the same disease.
The applicant also mentioned that he had never met Mr
|
Yusup Satabayev
|
17. On 4 August 2000 the applicant visited investigator O. and asked him when her son would be released. He informed her that criminal proceedings against him had been discontinued on 27 July 2000. She then asked him on what grounds
|
Margvelashvili
|
28. On 23 January 2001 the applicant was arrested and placed in custody. He denied his involvement in the abduction and murder of the persons concerned. The applicant requested a confrontation with the witnesses against him, in particular Ms
|
Adolfo Olaechea Cahuas
|
14. In a decision of 18 July 2003 the Audiencia Nacional authorised the the applicant’s extradition for trial by the Peruvian judicial authorities on the charge of terrorism. It stressed the content of the diplomatic note from the Peruvian Embassy, which read as follows:
“Concerning the guarantee that the accused will not be subjected to punishment causing physical harm, or to inhuman or degrading treatment, we would remind the Spanish authorities that as Peru is party to the American Convention on Human Rights, the Inter-American Convention to Prevent and Punish Torture, and the International Covenant on Civil and Political Rights, the person concerned will enjoy sufficient guarantees under a treaty based on respect for human dignity, as well as the guarantees of physical, psychological and moral integrity enshrined in the main human rights protection instruments.
... 1. Article 140 of the Peruvian Constitution provides: “The death penalty may be applied only for the crime of treason to the country in time of war, and for acts of terrorism ... According to Legislative Decrees no. 25475 and no. 921, the acts of terrorism with which the accused,
|
Tofig Yagublu
|
38. On 13 August 2013 the Nasimi District Court extended the applicant’s detention for a period of three months, that is to say until 4 December 2013. It appears from the decision that the applicant and his lawyer stated before the court that the applicant had not played any role in the events of Ismayilli and had not committed any criminal offence. They further submitted that the applicant had always cooperated with the investigation and that there was no risk of his absconding. The relevant part of the decision of 13 August 2013 read as follows:
“Taking into account that the pre-trial detention period of
|
Ibragim Magomadov
|
31. One of the servicemen said into his radio transmitter that there were two men in the house, an old one and a young one. In reply he was ordered to take away the young one. According to the sixth applicant, the officer was around 25–32 years old and of Slavic appearance. Then another serviceman escorted Mr
|
Jean-Claude Aaron
|
12. On appeal by the applicants, the Paris Court of Appeal (Eleventh Criminal Appeal Division) upheld the judgment of 25 November 1997 by a decision of 17 June 1998.
On the question of the defamatory nature of the offending bulletin's content, it ruled as follows:
“Words may be defamatory as the result of an insinuation, a question or an assertion. In addition, words must be assessed both in terms of their intrinsic meaning and in the light of their context.
Attributing to Mr Junot responsibility for supervising the deportation of a thousand Jews and organising their despatch to Drancy was plainly an attack on his honour and dignity. The defence arguments ... tending towards proving the truth of the facts is not relevant here, quite apart from the fact that no evidence to that effect has been adduced. Moreover, comparing Mr Junot's position to that of Mr Papon, who had indeed just been committed for trial in the Bordeaux Assize Court, also necessarily had a defamatory resonance.
The same defamatory classification must also be given to the passage '[Mr Junot] ... claims to have been in the Resistance'. Coming as it does between the reference to his being sacked by General de Gaulle and the comparison to Mr Papon, this can only insinuate that Mr Junot's assertion was false.”
On the question of good faith, the judgment said:
“Calumnious imputations are deemed to be in bad faith unless it can be established that they were made in pursuit of a legitimate aim, without any personal animosity, after a serious investigation and in temperate language.
There is no doubt that providing information about the attitude of administrative officials during the period of the Occupation, particularly as regards one of the main dramas of that time, the deportation and extermination of Jews, is perfectly legitimate.
Nothing in the file reveals any particular animosity on the journalist's part towards the civil party.
On the other hand, the preliminary investigation was singularly lacking in rigour. The civil party has rightly observed that Mr Gallicher began to broadcast his remarks at 6 p.m. on 31 January, in other words when the issue of Le Point dated 1 and 2 February had just come out.
In seeking to establish their good faith the defence cite three dispatches (AFP, AP and Reuters) which mentioned the article in Le Point and the content of a television programme in which Mr Junot had taken part. But the use of agency dispatches as one's main source, especially when they are purely repetitive and reproduce an article that has already been published does not constitute evidence that an attempt has been made, if not to conduct an investigation, then at least to check the information. In addition, the wholly gratuitous assertion that Mr Junot admitted his culpability is particularly reprehensible from both the criminal and the ethical points of view.
As regards the debate about whether Mr Junot had been a member of the Resistance, the Criminal Court rightly noted that the documents produced by the defence were not sufficient evidence to the contrary, whereas his participation has been attested to by the leader of the Masséna network,
|
Charalambos Michael
|
22. On 24 July 1989 the applicant was released. At the time of her release she was examined by UN doctors, who took some notes, and then transferred to southern Cyprus. On 28 July 1989 she made a statement to Limassol police and was also examined by a Government doctor at Limassol Hospital. The applicant produced a medical report issued on that same day by Dr.
|
Mehmet Desde
|
15. On 24 October 2002, at the first hearing in the case, the applicant, who was represented by a lawyer, denied the charges against him. He maintained that he had not been involved in any illegal activity. He further stated that
|
T. Engelschiøn
|
15. On 25 September 1991 the City Court informed the parties that the preparation of the case was sufficient for a date to be set for the opening of the oral hearing. It appears that a preliminary hearing had been fixed for the afore-mentioned date.
On behalf of the first applicant, Mr
|
P.T. Muminov
|
32. According to the Government, the applicant left Russia at 7.20 p.m. (Moscow time) on 24 October 2006 from Domodedovo Airport for Tashkent on board flight no. E3-265. The applicant’s representative submitted a letter dated 25 December 2006 issued by the Domodedovo Airlines Company, which read as follows:
“Domodedovo Airlines cannot confirm that Mr
|
Ramazan Umarov
|
66. Between the end of October and 8 November 2007 the criminal case opened against Mr S.S. and Mr M.R. was examined by the Sovietskiy District Court in Makhachkala, Dagestan (see paragraph 28 above). The Government furnished the Court with part of the transcript of the court hearing, which indicates that a number of witnesses, including Ms Z.Ga., the investigator Mr A.A., Mr R.M., officer A.Ch., Mr A.O. and district police officer N. Dzh., stated that a third person had been arrested with Mr S.S. and Mr M.R. and taken away in a car. In addition, Mr S.S. and Mr M.R. had themselves confirmed to the court that they had been arrested at the flat with
|
Levon Gulyan
|
35. On 6 August 2007 the head of Armenian police issued a conclusion on the results of an official inquiry into Levon Gulyan’s death, finding that PDCI Officer A.M. had shown a low level of professionalism by leaving
|
Lucio Cesare Aquino
|
41. The CJEU also defined the meaning of the expression “where any such question is raised” contained in the third paragraph of Article 267 of the TFEU (see Cilfit, cited above, §§ 8-9). It later summarised its settled case-law on this point as follows (see Belgische Petroleum Unie VZW and Others v. Belgische Staat, C-26/11, judgment of 31 January 2013, §§ 23‑24):
“23. ... [I]t should be borne in mind that the fact that the parties to the main action did not raise a point of European Union law before the referring court does not preclude the latter from bringing the matter before the [CJEU]. In providing that a request for a preliminary ruling may be submitted to the [CJEU] where ‘a question is raised before any court or tribunal of a member state’, the second and third paragraphs of Article 267 TFEU are not intended to restrict this procedure exclusively to cases where one or other of the parties to the main action has taken the initiative of raising a point concerning the interpretation or the validity of European Union law, but also extend to cases where a question of this kind is raised by the court or tribunal itself, which considers that a decision thereon by the [CJEU] is ‘necessary to enable it to give judgment’ ... 24. Moreover, according to settled case-law, in proceedings under Article 267 TFEU, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court.”
The CJEU further held, in the case of
|
Karen Edvardovich Sakhinov
|
5. The applicants are:
1) Mr Oleg Petrovich Orlov, who was born in 1953,
2) Mr Artem Dmitrievich Vysotskiy, who was born in 1974,
3) Mr Stanislav Valeryevich Goryachikh, who was born in 1986, and
4) Mr
|
Khasin Yunusov's
|
104. The Government submitted that on 15 December 2002 criminal investigation file no. 56192 had been opened by the Grozny District Prosecutor's Office. The murder investigation under Article 105 of the Criminal Code had been opened on the basis of a complaint by
|
Laurence McClure
|
18. Apparently around this time, the applicant stated that Chief Superintendent Gerry McCann of the Royal Ulster Constabulary ("RUC") initiated a meeting with a member of the Reavey family and told him that he believed that two McClures (one of whom was
|
Abdul-Malik Shakhmurzayev
|
36. On 18 April 2003, 4 December 2003, 2 June 2004, 6 October 2004 and 21 March 2005 the applicants’ representatives repeatedly and unsuccessfully requested information from the district prosecutor’s office. They asked to be informed when the criminal investigation into the abduction had been opened; what number the case file had been given; who had been in charge of the investigation; and whether there had been any progress. In addition, they requested to be informed whether the applicants or their relatives had been granted victim status in the proceedings, whether the authorities had forwarded information requests concerning the whereabouts of
|
Adam Didayev
|
52. On 5 May 2003 the seventh applicant requested the district military commander for assistance in establishing the whereabouts of Adam Didayev. She stated that on 16 December 2001 a group of representatives of the Russian forces had broken into her house, subjected her husband and daughter to beatings, made a mess everywhere, taken the family's valuables and left with
|
Saddam Hussein
|
14. Subsequently, in May 2010, the applicant claimed that there were impediments to the enforcement of his deportation order. He added the following to his story. His family had previously collaborated with
|
Ibragim Tsurov
|
45. On an unspecified date Mr S.N. was questioned. He submitted that on 26 April 2003 Ibragim Tsurov, Mr D.S., Mr A.S. and himself had headed for Vladikavkaz in Ibragim Tsurov’s VAZ. While they were driving through Grozny their car was forced to stop by a white VAZ-2107 car without registration number plates. Several armed men in masks had got out of the VAZ-2107 and ordered Mr S.N. and his acquaintances to lie on the ground.
|
Remzi Akıncı
|
20. On 6 January 2003 the Üsküdar Chief Public Prosecutor took statements from the applicant in relation to his allegations of ill-treatment. The applicant explained that on 25 May 2002 he had first been taken to the Çinili Police Station and then to the Haydarpaşa Numune Hospital. At the hospital he said that he did not have any bruises because he had not been beaten up at the police station. However, he had then been transferred to the Üsküdar Law and Order Department where he had been blindfolded, handcuffed and subjected to various forms of ill-treatment in the course of his interrogation. In particular, he claimed the following:
“...All the officers at the Law and Order Department already knew me... In the afternoon Chief Superintendent Officer
|
Rustam Kagirov
|
39. On the same date, 30 December 2009, the investigators examined the “registration log of persons taken to the temporary detention unit of the Shatoy ROVD (путевой журнал конвоирования задержанных лиц ИВС) between 3 May 2008 and 30 December 2009”. Mr
|
Adam Dadayev
|
70. On the night of 3 February 2000 the applicant and her family went to the basement of the house situated at 8 Melnichnaya Street, because they had heard artillery strikes at the neighbouring village of Shaami-Yurt. They spent the day of 4 February in the basement. At about 5 p.m. on 4 February, the applicant's nephew
|
Mayrudin Khantiyev
|
68. On an unspecified date the investigators questioned a certain Mr M. as a witness He stated that he had known Mayrudin Khantiyev since childhood. In the summer of 2000 they had started taking drugs together. Subsequently,
|
Eşref Simpil
|
63. The witness, the head village guard from Boyunlu, heard over the radio that his brother and others who were chopping wood had been fired at by terrorists. They immediately informed the local gendarme station by radio. The clash was at the Pişta stream area. They arrived at the location and participated in the clash. The terrorists started to run away and entered Ormandışı. The guards positioned themselves to the south. They exchanged fire with the terrorists. The helicopter arrived and opened fire on the terrorists. When the terrorists got into a tractor to escape towards Kulp, the helicopter and the guards started to follow them. Some guards passed through the village. During the clash tracer bullets started a fire in the crops and threshing piles. The guards followed the terrorists to Altinkum village outskirts. Due to the darkness and as the terrorists had reached the Kulp side, they returned to Ormandışı where the soldiers had arrived. He learned that a woman and child had been killed. The guards and soldiers stayed in Ormandışı during the night. Nobody claimed that the guards had killed anyone. Seve Nibak was a close relative of his, like an aunt to him. The complaints had been made against the guards due to pressure from the terrorists. The terrorists wanted to undermine the village guard system.
Statement by
|
Vakhit Dzhabrailov
|
34. On an unspecified date the investigators questioned the applicant's neighbour Mr A.T. who stated that at about 10 a.m. on 3 January 2003 he had heard screams coming from the applicant's house and the noise of a vehicle driving down the street. He had immediately gone to the applicant's house where he had been told that armed men had taken away
|
Vincent Lambert’s
|
23. On 13 January 2014 the applicants made a further urgent application to the Châlons‑en‑Champagne Administrative Court for protection of a fundamental freedom under Article L. 521-2 of the Administrative Courts Code, seeking an injunction prohibiting the hospital and the doctor concerned from withdrawing
|
Malika Umazheva
|
35. On 1 August 2001 the head of the Alkhan-Kala administration, Ms Malika Umazheva, wrote to the head of the UGA. She stated that on 28 and 29 April 2001 there had been a special (“sweeping-up”) operation in the village, as a result of which several houses had been blown up and a number of men had been detained and taken away. She listed the numbers of the six APCs that had participated in the operation. She further stated that two weeks after the detention the body of one of the detainees had been discovered in the river, while the others had disappeared. She asked for assistance in finding the detainees.
|
Bruno Margaretić
|
29. On 9 October 2012 the investigating judge accepted the applicant’s request and ordered the State Attorney’s Office to question the witnesses within fourteen days. In her order, the judge noted:
“The suspect
|
Chief Sergeant S
|
7. When the police car, apparently with its siren on, approached the lorry, the three men started running. The officers followed by car. When the street became narrower, they got out of the car and separated, with
|
A. van Helden
|
13. Mettler Toledo B.V. is a limited liability company. Its premises are located in Tiel.
Van Helden Reclame-Artikelen B.V. is a limited liability company. Its premises are located in Tiel. Its managing directors, Mr
|
Kurbika Zinabdiyeva
|
66. The district prosecutor's office requested information on Kurbika Zinabdiyeva and Aminat Dugayeva's arrest from the Shatoy District Department of the FSB, one of the military units located near Ulus-Kert, the military commander of the Shatoy District and all the prosecutors' offices of the various districts and towns of the Chechen Republic. It was established that
|
Tamara Zabieva
|
16. On 16 July 2003 Human Rights Watch released a paper entitled “Russia: Abuses Spread Beyond Chechnya. Neighboring Ingushetia Now Affected”, which described the Zabiyevs' case as follows:
“On June 10, three Ingush civilians – sixty-five-year-old
|
Tofiq Yaqublu
|
62. R.C., a journalist, stated that between about 3 p.m. and 4.p.m. he had seen Tofiq Yaqublu in Ismayilli. A little while later, sometime between 4 p.m. and 5 p.m., he had seen the applicant and N.C. and had spoken to them for a few minutes. At around that time, plain-clothed individuals had taken
|
Khalid Khatsiyev
|
61. In October 2004, at the communication stage, the Government were invited to produce a copy of the investigation file in the criminal case instituted in connection with the attack of 6 August 2000 and the killing of
|
the Director of
|
12. In a judgment of 21 June 1996 the Expropriations Division of the Poitiers Court of Appeal established the compensation amount at FRF 1,542,867. It held that the applicant’s request that the court dismiss the intervention by
|
Tuquabo-Tekle
|
14. On 21 January 1999 the Minister rejected the objection, reiterating that the close family ties between Mrs Tuquabo-Tekle and her daughter had ceased to exist. Mrs Tuquabo-Tekle and her husband had not shown that they had made a substantial parental or financial contribution to Mehret’s upbringing. Furthermore, the couple had not sufficiently shown why, in view of Mehret’s age, she could not remain in the care of her uncle or her grandmother, if necessary supported financially by her family from the Netherlands. The Minister did not find it established that serious attempts had been made to arrange for Mehret to come to the Netherlands as soon as possible: Mrs
|
Adam Makharbiyev
|
5. The applicants are:
1) Ms Zura Makharbiyeva, born in 1951,
2) Mr Khamid Makharbiyev, born in 1943,
3) Ms Olga Grigoryeva, born in 1980,
4) Mr Movsar Makharbiyev, born in 1999, and
5) Ms Malika Makharbiyeva, born in 2001.
The first and second applicants live in Grozny; the other applicants live in Gekhi in Urus-Martan district, Chechnya. The first and the second applicants are the parents of
|
Apti Zaynalov
|
13. On 3 July 2009 Memorial staff member Mr G. had gone to Achkhoy-Martan together with Mr Apti Sh.’s uncle, Mr I. Sh. They had found a patient under guard in the hospital’s surgical department. Mr G. had peeped into the ward and had seen two armed guards wearing camouflage uniform and black caps bearing the letters “K.R.A.” in Cyrillic. Two more guards had been sitting on beds near the door. On a bed near the window there had been a young man who was being assisted by a nurse. He was about thirty years old, had bruises on his face, his head was bandaged, and he was covered by a sheet displaying red stains. Mr I. Sh. realised that the patient was not his nephew. A hospital nurse had allegedly told Mr G. that the patient was twenty-nine years old, that his name was
|
Yakub Iznaurov's
|
55. On 25 November 2002 the republican prosecutor's office again informed the applicant's husband that the decision to suspend the investigation in the criminal case had been well-founded, because it had been impossible to establish which federal agencies had taken away his son during the special operation. The letter stated that measures were being taken to establish
|
Yakup Aktaş
|
92. Yusuf Karakoç, a Master Sergeant in the gendarmerie serving at the intelligence unit of the Mardin provincial gendarmerie, stated that Major Aytekin Özen had ordered Yakup Aktaş to be brought to the interrogation centre after it had been established from statements made by members of the PKK and documents that had been seized that
|
Kenan Bilgin
|
15. On 9 November 1994 the applicant lodged a complaint with the Ankara public prosecutor against the officers who had been on duty while his brother was in custody, namely police officers from the anti-terrorist branch at the Ankara Security Directorate. Inter alia, he gave the names of witnesses who had testified that
|
Kubrika Zinabdiyeva
|
10. On the night of 15 to 16 May 2003 the first applicant, Kurbika Zinabdiyeva and Aminat Dugayeva slept at home. The first applicant slept in a separate room while the two other women shared another room. At about 3 a.m. the first applicant heard the noise of a vehicle engine coming from outside.
|
The Commissario della Legge
|
137. The Giudice per le Appellazioni Civili rejected the first applicant’s appeal. The court considered that Article 6 of the Convention had detailed provisions regarding criminal proceedings, but nothing in relation to civil proceedings. Thus, it was a matter subject solely to ordinary law. That being stated, he considered that in the instant case there had not been a breach of the right to defence or to the right to cross-examination (contraddittorio). Indeed, the first applicant had originally been represented at the opening of the hearing, thus, the prerequisites existed to hear the case and to cross-examine. It was only following the rejection of the request for an adjournment that the first applicant’s co-lawyer forfeited her mandate. Moreover, when the latter forfeited her mandate she was not forfeiting her colleague’s mandate, who therefore remained counsel to the applicant. The court further noted that there existed no law recognising a right to defer a case. The decision in relation to the existence of a legitimate impairment was subject to the judge’s discretion after hearing the relevant arguments. In the present case, the results of the investigation and rogatory enquiry with the Rimini Tribunal could not lead to the existence either of a legitimate impediment or of an ex post one.
|
Hreiðar Már Sigurðsson
|
13. The applicants appealed to the Supreme Court which, in a judgment of 12 February 2015, found the applicant Ólafur Ólafsson guilty of market manipulation and the other three applicants guilty of breach of trust and market manipulation.
|
Jovan Janjić
|
6. By five judgments of different courts of first instance (the application no. 48249/07 concerns the non-enforcement of two judgments) of 22 January 2003, 5 October 1999, 25 June 2002, 19 December 2000 and 11 January 2000 which became final on 17 September 2003, 1 June 2001, 6 December 2004, 22 February 2001, 7 April 2004, respectively, the Republika Srpska (an Entity of Bosnia and Herzegovina) was ordered to pay, within 15 days, the following amounts in convertible marks (BAM)[1] in respect of war damage together with default interest at the statutory rate:
(i) BAM 5,555.25 in respect of pecuniary damage and BAM 881 in respect of legal costs to Mr
|
Virgília Csőszné Dőry
|
5. The applicants were born in 1985, 1988 and 1951, respectively, and live in Székesfehérvár. Mr Krisztián Csősz and Mr Márk Adrián Csősz are the sons of Mr Barnabás Csősz, and the heirs of the latter's late wife (their mother), Mrs
|
Rakhimberdiyev
|
11. The chief of the drug control department, M., stated:
“Rakhimberdiyev was taken to the department. While [there], he remained under guard. He stayed in the department for five hours. Pending [his placement in] the IVS (temporary detention cell), he was not allowed to go outside. During the twenty-four hour period of detention,
|
Musa Akhmadov
|
11. Alu S. submitted that he and Musa Akhmadov had arrived in the town of Shali, where they had hired a VAZ car with a driver to take them to Makhkety. In the village of Kirov-Yurt (also known as Tezvan) the car had been stopped at the permanent checkpoint of the Russian military, which had been installed in 2000 and remained there until early 2003. The military collected documents from the persons in the car and took them inside the checkpoint. Several minutes later they returned the passports of everyone except for
|
Islam Utsayev
|
12. The first and second applicants are husband and wife. They were residents of Grozny, but have lived for several years at 22 Nizhnya Street, Novye Atagi, as internally displaced persons. Their son
|
Shamil Basayev
|
92. On 14 September 2004 Ruslan Sultanovich Aushev, former President of the Republic of Ingushetia and one of the principal negotiators during the terrorist attack in the town of Beslan on 1 September 2004, gave a witness statement to the effect that the terrorists had explained to him during the negotiations that they had been acting on the orders of
|
Shoileva‑Stambolova
|
63. By a mayor's order of 8 February 1983 the house was expropriated for the construction of a subway station. The order, based on section 98(1) of TUPA, provided that Ms Shoileva‑Stambolova's and Mr Shoilev's father was to be compensated with a flat and that Ms
|
Fernando Soto
|
15. According to the Government the applicant was admitted to the medical infirmary of the prison at 4.15 p.m. on 12 July 2013 and a referral to the emergency department of the state hospital was made at 5 p.m. The referral note issued by the doctor indicated that the applicant had swelling in the face, a bruise on one loin, and severe swelling with limited movement in his right ankle. At an unspecified time on the same day he was provided with a pair of crutches by the prison medical infirmary. On the same day he was also admitted to hospital and returned to cell 8 in Division 6 on 14 July 2013. The case summary drawn up on 14 July – before his discharge ‑ and submitted to the Court showed that all the medical investigations had been concluded and the results received prior to his discharge from hospital. According to the case summary the ankle x‑ray revealed a fracture and there was subluxation of the right foot; there was a head injury, specifically a fracture of the orbit and of the maxillary sinus; there were no signs of injury or fluid collection in the internal organs; an ophthalmic review had been carried out and the patient had been discharged from that department as well as from the orthopaedic ward where he had undergone tests and treatment for his bone injuries. The summary also showed that the applicant had to use crutches and to avoid bearing weight for the two weeks leading up to his outpatient appointment, after which he still would not be able to bear weight fully. It ordered a change of dressing to be undertaken within three days and prescribed appropriate medicines. Records also showed that a nurse had visited Division 6 to attend to the applicant on 15 July – the note in the register reads as follows: “Nurse C. and S. came to Division 6 at about 11.35 am to visit
|
Loboda G.I.
|
23. The applicant lodged a cassation appeal, in which he complained, in particular, that his right to mount a defence had been breached on account of his being questioned without a lawyer on 6 June 2001. He argued that it was clear from the phrase, “These findings correspond to the declarations by the head of the farming company
|
Apti Dalakov
|
12. Referring to the contents of the investigation file in criminal case no. 27520028 the Government stated in their submission of 22 January 2014 that the circumstances of the incident had been as follows.
“6. Between 5.30 p.m. and 6 p.m. on 2 September 2007 servicemen of the Ingushetia FSB found presumed members of a bandit group Mr
|
A. Khamidov
|
16. On 24 December 2001 the interdistrict prosecutor’s office notified the first applicant of the suspension of the investigation. They observed, inter alia, the following:
“The investigation has established that at 10 a.m. on 25 October 2000 ... unidentified servicemen of the military arrested
|
İbrahim Kaboğlu
|
31. On 7 November 2004, A.T. wrote the following in his article published in the same newspaper:
“... No one mentions the fact that the intention had been to publish the treasonous document [clandestinely]. They pay scant attention to the treachery, but on the other hand they consider that in tearing up the report F.Y. had committed a brutal act ... just because they sup from the same dog-bowl as
|
Yakup Aktaş
|
63. This decision mentions “gendarme officers serving at the intelligence and interrogation department of the Mardin provincial gendarmerie” as being accused of the offence of torture, and the date of the offence is given as 25 November 1990. It relates how
|
Leoma Meshayev
|
12. One of the men woke up Leoma Meshayev and told him in Chechen “Leoma, wake up!” They threw him on the floor and handcuffed him. When one of the intruders pointed his automatic rifle at Meshayev’s nine-year-old son, another told him in Chechen “Don’t touch the children, they are not guilty”. Then the armed men escorted
|
Magomed Akhmadov
|
128. On the same day the military stopped and searched a student shuttle bus running between Stariye Atagi and Grozny. According to the statements of the students who were in the bus at that time, the servicemen inquired after Mr
|
Nicolae Catană
|
33. Only on 23 December 2005, after repeated requests made during court hearings in the criminal proceedings against the applicant, the applicant’s lawyer was handed a decision dated 8 June 2005, by which his complaint of 31 May 2005 had been dismissed. The decision was signed by Mr
|
the Government Agent
|
35. On the same day, he was transferred to the Central Hospital, where he was placed in a ward under police guard. According to the second applicant, her son was kept continuously handcuffed to his bed. She submitted to the Court his two photos taken on 25 June 2008. They showed the first applicant with his left hand handcuffed to the hospital bed. According to the letter of the First Deputy Minister of Public Health to
|
Arif Altinkalem
|
360. A report in Hüsniye Ölmez' possession was addressed to “Mr President”. A document was found in Sabahattin Acar's possession signed by the “Union of Patriotic Intellectuals of Kurdistan”, regarding the work and activities of the PKK's congress. Four receipts from the “ERNK” to be passed on to lawyers handling PKK cases were found in the possession of
|
Lema Khakiyev’s
|
61. On 14 April 2004 the interim Chechnya military commander reported that the military commanders’ offices had not been manned in Chechnya until 1 July 2003. Consequently, they had no information as to
|
Salman Raduyev’s
|
58. Mr M., who was questioned on an unspecified date, submitted that since 1963 he had been working as a medical assistant at the medical station in Akhkinchu-Barzoy. In 1994-1996 rebel fighters, in particular, one of
|
Kazbek Vakhayev
|
86. Despite the Court's repeated requests, the Government did not submit a copy of the investigation file into the abduction of Yusup Satabayev. They submitted thirty-two pages of case file materials, which contained decisions on the institution, suspension and resumption of the investigation and the decision to grant the applicant victim status. The decisions reiterated that Mr G.,
|
Vallejo Lopez
|
37. On 1 July 2003 Dr Rodriguez Robelt examined the applicant. He noted a slight inflammation of the skin where the handcuffs had been and pain in the lumbar region from L5 to S1, which increased when the applicant moved his lower limbs, and made a diagnosis. He prescribed treatment as indicated by the specialist (Dr
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.