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Erdinç Arslan | 38. As to the killing of Erdinç Arslan, the trial court noted at the outset that the security forces had received information that the deceased and Mustafa Köprü had been making explosives in their flat with a view to carrying out bomb attacks on the provincial offices of the three political parties which formed the coalition Government at the time. The trial court observed that, according to the expert report of 7 October 1999, |
Ibragim Uruskhanov | 13. Having spent about fifteen minutes in the applicant’s flat, the servicemen took her son outside. The applicant tried to follow them, but at the entrance to the building she was stopped by one of the officers, who ordered her to return home as she was violating the curfew. According to the applicant’s neighbour, Mr A.M., ten to twelve intruders walked with |
Christian Wulff | 13. In its edition of 12 December 2005 Bild published a front-page article with the headline: “What does he really earn from the pipeline project? Schröder must reveal his Russian salary.” On page 2 of the newspaper, under the headline “Russian salary – will Schröder earn more than a million a year?” the article read as follows:
“The ex-Chancellor and Russian gas: there is growing outrage among all political parties. For Schröder is to head the supervisory board of a business seeking to build a four-billion-euro gas pipeline through the Baltic Sea from Russia to Germany. While he was Chancellor, he pushed this project through despite considerable resistance.
Lower Saxony Prime Minister |
Malika Zubayrayeva | 6. The applicant was born in 1967 and lives in Nice, France. Before 1999 the applicant was a resident of the village of Starye Atagi in Chechnya. He also submitted the complaint on behalf of his close relatives: his mother, |
Isa Aytamirov | 10. The second applicant and her relatives asked the servicemen to let them go outside. Permission was given only to the second applicant. When she went into the yard, she saw her nephew standing with his hands up against the wall. The second applicant asked the servicemen if she could give them her nephew's passport so they could give it to him. When she had brought it to them they forced her back into the house. Then the second applicant saw the servicemen put |
Ivan Dvorski | 47. As regards the request made by the defence to hear lawyer G.M. (see paragraphs 38 and 40 above), the Rijeka County Court noted:
“The request made by the [Ivan Dvorski’s] defence to hear lawyer G.M. as a witness ... was dismissed as irrelevant. Namely, the documents from the case file do not reveal that there was any extraction of a confession by the police, but only [a record of] the time that lawyer [M.]R. came [to the police station], whereupon the questioning of [ |
Kenan Bilgin | 81. Two prisoners were treated differently from the others. One was Cavit Nacitarhan. They were taken separately to the toilet, being dragged there by their arms by two police officers. On his eighth day in custody, while the witness was washing his hands in the washroom, one of the two prisoners had been brought there. He looked exhausted and had whispered: “My name is |
G.I. Strizhak | 26. On 4 September 2003 the President of the Dnipropetrovs’k Regional Court of Appeal issued a written notice to the applicant informing him that, on 28 March 1980, the Presidium of the Dnipropetrovs’k Regional Court had quashed the resolution of the Troika of the Department of the NKVD of the Ukrainian Soviet Socialist Republic in the Dnipropetrovs’k Region of 5 September 1938 in respect of Mr |
Amirkhan] Alikhanov | 57. On an unspecified date in September 2005 the investigators informed the applicants that the investigation had been suspended. The relevant parts of the letter read as follows:
“... Criminal case no. 55826 into the abduction of [Mr |
V. Juhas Đurić | 42. On 9 March 2010 the Novi Sad Court of Appeal (Apelacioni sud) upheld the judgment of 30 March 2009. It acknowledged that the statement of R.K. made on 4 April 2008 had been the sole evidence against the first applicant and that the only corroborative evidence against the second and third applicants had been the statement of U.Đ. made at the trial on 23 January 2009 and the DNA evidence belonging to the third applicant found in a car abandoned in the vicinity of the crime scene. The court held that its admission was still lawful. It relied, in this regard, on Article 337 § 1 of the Code of Criminal Procedure as well as the fact that R.K. had made the statement in question in the presence of his counsel, |
S.-E. Sambiyev | 66. On 5 April 2007 the investigators questioned Ms R.M., the mother of Mr V.M., who stated that in the summer of 2003 her son and Said-Emin Sambiyev had been working somewhere in Mesker-Yurt and that their commander’s name was Mr S.Kh. At some point later, residents of Ulus‑Kert had told her that her son and |
the Minister of Architecture and Public Works | 9. On 23 February 1993 the former pre-nationalisation owners of the apartment brought proceedings against the applicant under section 7 of the Restitution Law, seeking nullification of her title and restoration of their property. The proceedings ended by a final judgment of the Supreme Court of Cassation of 5 March 2004. The courts declared the 1967 contract null and void and restored the plaintiffs’ title to the apartment on two grounds: 1) the initial decision to sell the apartment had not been affirmed by |
The Justice of the Peace | 40. On the same day the Justice of the Peace found that the applicant had disobeyed the police orders to stop chanting anti-government slogans and had resisted lawful arrest. The Justice of the Peace based her findings on the witness statements of X and Y, their written reports of 31 December 2010, their written statements of the same date, the report on the administrative arrest of the same date, the notice of the public demonstration of 16 December 2010 and the reply of 22 December 2010 indicating that it had not been authorised (it appears that this reference concerned the events described in paragraph 9 above). |
J.M.A. Grovell | 66. Violent behaviour was reported in the first half of 2003. One official report, by Prison Guard First Class Anthony Williams, related the following events, alleged to have taken place on 13 February 2003:
“On taking over from Prison Guard Semerel, the reporting officer was told that Prisoner Mathew, who was in a wheelchair, unhandcuffed, near the inner guard post, had been brought back and had to be locked up again. Around 3.10 p.m. the reporting officer ordered Mathew to go to his cell with the help of two outdoor workers (fellow inmates). Mathew refused and informed the reporting officer that he needed to speak with the governor or a supervisor, otherwise he would not return to his cell. The reporting officer telephoned Prison Guard First Class |
V. Ciobănaş | 10. According to the applicants, they were ill-treated throughout the afternoon of 3 November 2000 and the night of 3-4 November by Mr V. Ivarlac, the investigator from the Department in the Prosecutor General’s Office responsible for investigating exceptional cases, and by officers G. Stavila, V. Gusev, |
Sultan Khatuyev | 41. The Government submitted that in November 2004 the investigating authorities had sent a number of queries to various State bodies. On an unspecified date the Ingushetia department of the FSB stated that their office had not detained |
Ayub Salatkhanov | 8. On 17 April 2000 at about 1 p.m. Ayub Salatkhanov, with three of his friends, were walking along Lenina Street towards the village market. At the same time a convoy of Russian military vehicles was going down the street. The convoy included armoured personnel carriers (APCs), with soldiers sitting on the hulls. One of the servicemen raised his automatic rifle, took aim and shot at the applicants’ son. According to the applicants, it must have been a rifle fitted with a silencer because the other three boys did not hear the shot and did not understand where it had been aimed, until |
Supyan Khutsayev’s | 153. On the same date Ms Madina Kh. was granted victim status in the criminal case and questioned. She was given access to copies of the investigator’s order of 12 March 2001 to carry out a forensic expert examination of |
Ruslan Askhabov | 24. On 7 July 2003 the military prosecutor’s office of military unit no. 20102 informed the military prosecutor’s office of the UGA that the investigation in criminal case no. 52158 had not established the involvement of Russian military servicemen in the abduction of |
Ibragim Betayev | 19. The Government submitted that, according to the Prosecutor General’s Office, on 26 April 2003 the first applicant had reported to the Urus-Martan District Department of the Interior (“ROVD”) that at about 2.30 a.m. unidentified persons armed with machine guns had broken into his house and taken away his sons, Lecha and |
MS OXANA RANTSEVA | 41. On 27 December 2001 the inquest took place before the Limassol District Court in the absence of the applicant. The court’s verdict of the same date stated, inter alia (translation):
“At around 6.30 a.m. on [28 March 2001] the deceased, in an attempt to escape from the afore-mentioned apartment and in strange circumstances, jumped into the void as a result of which she was fatally injured...
My verdict is that |
Mohammed Helhal | 9. The report by Dr G., drawn up on 21 October 2010, concluded:
“... Mr Mohammed Helhal has incomplete paraplegia with total effective urinary incontinence requiring self-catheterisation and round-the-clock use of a nappy. He also has major haemorrhoidal irregularities, for which he has refused any treatment.
Mr |
Abdul-Yazit | 21. On 13 November 2009 the UMG lawyers took the applicant’s statement about the abduction, which was similar to the ones given by her relatives, Ms El.Yu., Ms A.A. and Mr D.A. She added that on 6 or 7 August 2009 she had gone with her relative, Mr M.A., to see the Envoy, Mr O.Kh. In their presence the latter had called the Shali ROVD and asked whether they had information about her son’s whereabouts. Towards the end of the phone conversation with the police, the Envoy said: “You do not have the right to detain him for longer than prescribed by the law, even if he is the brother of Emir [the leader of an illegal armed group]”. Subsequently, the Envoy promised to assist the applicant in the search for her son. The applicant further stated that on 16 or 17 August 2009 a group of five or six armed Chechen men in camouflage uniforms had arrived at her house in a Mercedes car with a registration number containing the digits A511. Three or four of them entered her house while two of them remained outside. They told the applicant that they were from Khankala and were working “with the Russians”. Those inside went to the hideout in the bathroom where the applicant’s son Yusup (sought as the leader of an illegal armed group) used to hide. Only the applicant, Yusup and |
Elbek Tashukhadzhiyev | 29. On 18 March 2004 the military prosecutor’s office of military unit no. 20102 informed the applicant that “in March 1996 one of the military prosecutor’s offices in the Northern Caucasus investigated a criminal case concerning the disappearance of |
Suliman Yunosov | 342. In a neighbouring house the servicemen beat up male family members and questioned them about illegal armed groups. One of them, Musa, showed his service identity card stating that he worked at the Emergencies Ministry (Emercom). The neighbours heard the servicemen saying over their portable radios: “We have found him. We are leaving.” Meanwhile, the other group of men led |
Vakha Abdurzakov | 44. On 10 November 2002 the district prosecutor’s office requested information on Vakha Abdurzakov’s whereabouts to the FSB Department, the district military commander’s office, the temporary unit of the Ministry of the Interior and military unit no. 6779. According to the replies received, |
Taşkın Akgün | 101. He said that he gathered information about HADEP and other political parties as part of his job and that gendarmerie officers working in intelligence used unmarked vehicles when necessary. Taşkın Akgün worked for the intelligence service at the regimental headquarters of the Şırnak gendarmerie. The witness did not know whether |
Halim Bayram’s | 23. On 16 September 1998 the military investigation board started an investigation into Halim Bayram’s death. On 18 September 1998 the board took a statement from Hüseyin Arabacı. Mr Arabacı explained that when he heard that the applicant’s brother had shot himself, he immediately went to see what had happened and called an ambulance. He saw that there was blood on |
K. Vashakidze | 39. These parts of the application concern the applicants N. Sikharulidze, A. Aptsiauri and G. Gogia (listed in the appendix as nos. 72‑74, case no. 8); G. Markozashvili and L. Markozashvili (nos. 75 and 76, case no. 9); |
Akhmed Buzurtanov | 54. According to the applicants, on 4 October 2013 the first applicant told her representative at the Court that someone, whose identity she could not disclose out of fear for that person’s life, had informed her that Mr |
Ilie Ilaşcu | 14. The applicants described as follows their conditions of detention at the Tiraspol Remand Centre. The cells in which they had been held had been in the basement and had not had access to natural light. In the absence of ventilation and because of overcrowding it had been difficult to breathe. Officer Condrea submits that he was detained in the same cell as that in which Mr |
Isa Kaplanov | 11. The applicant’s daughter and Isa Kaplanov’s wife, who were in the other house at that moment, heard the noise, ran out to the courtyard and saw five or six servicemen there and several other soldiers inside the house with their relatives. The servicemen prevented the women from entering that house. They were hostile and aggressive. Some time later the servicemen left the house and forced |
Yusup Satabayev | 44. Kheda Aydamirova, the wife of Kazbek Vakhayev, Rebart Vakhayeva, Ms Ch. and Ms G. (apparently family members of Mr Ch. and Mr G. respectively) were also granted victim status and questioned. However, they provided no particular information about the disappearance of |
Sabriye İkincisoy | 45. The witness, who is the second applicant, stated that on 22 November 1993 police officers had come to their house at about 1 a.m. He saw Feyzi Tatlı, a distant relative, with the police officers. The police officers carried out a quick search in the house and asked for his brother Mehmet Şah. His father, Abdurrazak[11], told them that Mehmet Şah was staying at his uncle's house. Accordingly, the witness accepted to accompany the three police officers to his uncle's house. When they arrived, the witness knocked on the door. |
G. Kuparadze | 17. The applicant’s lawyer presented the panel of experts with the following questions:
“1. Based on the [existing evidence and the victim’s statements] ... was the victim capable of showing resistance to |
Yunus Askharov | 39. On 17 January 2005 Mr Yunus Askharov was granted victim status. He was questioned on 17 January and 12 June 2005. According to the Government, he had been summoned for questioning on several occasions earlier but had failed to appear. Mr |
Ashad Aliyev | 18. According to the applicant, his other brothers were either dismissed from their jobs or arrested. Alipanah Aliyev, the Head of the Environment Committee of the Baku City Executive Authority, was dismissed from his job. |
Kolesnikova | 142. Judge Kolesnikova found that Mr Shakhnovskiy had deliberately included false information into his personal tax declarations by stating that he had received payments from Status Services for some “consulting services”, although he had been aware that de facto he had received the aforesaid amounts for his work in Yukos (pages 22-23 of the judgment). In support of those findings Judge |
Eşref Hatipoğlu | 36. Following a request for information made by the Office of the Public Prosecutor of Diyarbakır on 20 January 1994 and 8 March 1994 regarding the circumstances surrounding the death of M.Ö, Colonel |
Khizir Tepsurkayev’s | 20. On the morning of 27 August 2001 the applicant and her husband went in person to the VOVD with a complaint about their son’s detention. It appears that on the same day Mr A. Ruslanbek and Mr A. Alvi reported |
Hasan Orhan | 9. The case mainly concerns events which took place in May 1994 at Deveboyu hamlet of Çağlayan village in the Kulp district of the Diyarbakır province in south-east Turkey. From Çağlayan village the road goes to Zeyrek, to whose gendarme station Çağlayan village and its hamlets are attached. Zeyrek is on the main road between the towns of Kulp and Lice.
The applicant alleges that on 6 May 1994 the State's security forces burned and evacuated the hamlet of Deveboyu and that on 24 May 1994 the same soldiers returned to Deveboyu detaining the applicant's brothers (Selim and |
Umar Arsayev | 192. On 31 March 2004 an officer from the Vedeno police department, after the applicants had lodged a complaint with it, reported to the deputy Vedenskiy district prosecutor the abduction of Mr Bayali Bashkuyev and Mr |
Joselito Renolde | 40. The experts inspected the file on the criminal proceedings and Joselito Renolde’s medical records. On 29 March 2001 they submitted their report, concluding as follows:
“The medical records as a whole and the interviews of those who came into contact with Mr Renolde indicate the following:
– He had acute psychotic disorders at the time of his arrival in Bois d’Arcy, and those disorders seem to have receded fairly quickly as a result of the medication prescribed. In any event, there is little mention of these delusional factors in later observations, although a prison warder observed that Mr Renolde talked to himself at night (hallucinatory dialogue?). The SMPR team found his psychiatric condition to be compatible with detention, not requiring admission to a psychiatric institution. The letter which the prisoner sent his parents on 18 July shows that he retained a certain degree of coherence, although he may have been keeping his delirium or hallucinatory disorders to himself.
– There is no evidence in the file indicating the presence of a depressive syndrome as such: no sign of carelessness, no expression of suicidal thoughts, no manifest sadness, apart from, of course, a legitimate gloom or sadness linked to incarceration, separation from his children, etc. ...
Having regard to the context and to the information in our possession, we consider that his committing suicide was more the consequence of a psychotic disorder than of a depressive syndrome. The act may have taken place in a hallucinatory state (it appears that he sometimes heard voices telling him to kill himself), especially if the medication had not been correctly taken, as the toxicological examinations show.
It is to be noted that the response of the ERIC team, which intervened from the outset following a suicide attempt, was to prescribe neuroleptics and not antidepressants, which confirms the psychotic nature. These disorders could perhaps have called for a discussion of the advisability of admission to a psychiatric unit if the hallucinatory, dissociative and delusional aspects had been prominent and hence incompatible with continued detention. However, seeing that the disorders rapidly improved, it may be felt that continued detention remained possible in so far as the SMPR kept the prisoner under very close observation, although supervision of his daily taking of medication would also have been helpful.
Conclusions:
(1) Mr |
A. Gandaloyev | 54. On 23 March 2004 the unit military prosecutor’s office questioned the head of the Headquarters, officer Sh. According to his account, he had prepared the daily information notes based on the information provided by local law-enforcement agencies and other power structures. He stated that there had been a record in a registration log concerning the discovery of the corpses of |
Jörg Haider | 5. In the issue of “der Standard” of 9 October 1998 the second applicant published an article about the Austrian Freedom Party (Freiheitliche Partei Österreichs, “the FPÖ”) in its regular section “commentary”. So far as material, it read as follows:
“Sacrifice of the decent
The FPÖ is becoming ever truer to itself and many people are developing an increasingly similar image of it. For any organisation, whether a movement, party or whatever, is moulded by those at the top – how they interact with one another, which people they choose, how they cope with crises. All of this rubs off and has its effects. In the case of the FPÖ leader |
Kristoffer Olsen | 33. The High Court hearing took place between 1 and 23 October 2002. The High Court took oral evidence from the first applicant and from Mr R. Ugelstad, who represented Falkefjell Ltd, as President of its Governing Board. Mr |
Jean Leonetti | 36. The Conseil d’État also considered it necessary, in view of the scale and the difficulty of the scientific, ethical and deontological issues raised by the case and in accordance with Article R. 625-3 of the Administrative Courts Code, to request the National Medical Academy, the National Ethics Advisory Committee and the National Medical Council, together with Mr |
Starodubtsev | 5. While in detention, the applicants Mr Baban, Mr Barkov and Mr Bogatyrev sought compensation for inadequate conditions of their detention and substandard medical care; the applicants Mr Davydov, Mr Pflyaum and Mr Yakovlev were involved in contract disputes; Mr Fedchenko was the respondent in a divorce claim; Mr |
V. Nikolayev | 7. The applicant is the editor-in-chief of a regional newspaper “Noviy Grazhdanskiy Mir”. On 4 January 2002 the newspaper published an editorial under the heading “Chernogorov stealthily approaches Stavropol. Thoughts about one decision of the town legislature.” (“Черногоров подбирается к Ставрополю. Размышления по поводу одного решения городской думы”). The article was signed with the pseudonym of |
Slynn of Hadley | 19. The appeal court certified a question of law for the House of Lords as to whether proceedings conducted in accordance with the 1955 Act could be considered abusive. On 9 July 1997 the House of Lords granted leave to appeal. Having heard the applicant’s legal representatives, on 16 December 1997 the House of Lords unanimously dismissed the appeal. Lords |
V.U. Khadzhimuradov | 69. The resulting report recounted the circumstances of the case in the following manner:
“... On 8 March 2005, during the investigation of the present criminal case, in the course of carrying out measures aimed at detaining persons suspected of having organised and carried out illegal acts in school no. 1, |
Tamerlan Suleymanov | 34. On 15 June 2011 the deputy head of the Chechnya Investigations Committee issued supervisory instructions to the investigators of Tamerlan Suleymanov’s abduction, stating amongst other things that the investigators were to identify the owners of the cars used by the abductors and take steps to find out whether any special operations had been conducted by law‑enforcement authorities targeting |
Kenan Bilgin | 89. He had been systematically subjected to torture while in detention. He had been able to see through an aperture in the cell-door window that the prisoner in cell no. 8 was subjected to more intensive torture then he. He had seen him being dragged along by four police officers, two of them supporting him by the arms. On the same date he had seen a person with a bag go into cell no. 8 and had heard someone say: “He is not taking any milk. He is not drinking any milk.” On another occasion the witness had seen, again through the window in his cell door, the same prisoner being taken to the toilet. The prisoner had cried out: “My name is |
Bekman Asadulayev | 45. On 15 March 2004 the investigators questioned the third applicant as a witness. She submitted that on 14 January 2004 her brother had been summoned to the MVD, together with Mr Sh., in connection with the former's absence from the police school. The third applicant had learnt from Mr Sh. that when Mr Sh. and |
Rasul Jafarov | 104. There have been relatively few applications to the Court under Article 18 in conjunction with Article 5 (for a summary of the Court’s case‑law see the recent judgment in Merabishvili v. Georgia [GC], no. 72508/13, §§ 264-282, 28 November 2017). To date there have been nine cases where the Court has found such a violation, including in the first Mammadov judgment. The first was Gusinskiy v. Russia, no. 70276/01, ECHR 2004‑IV. After that, Cebotari v. Moldova, no. 35615/06, 13 November 2007; then two cases against Ukraine: Lutsenko v. Ukraine, no. 6492/11, 3 July 2012, and Tymoshenko v. Ukraine, no. 49872/11, 30 April 2013. Those were followed by |
Sirazhudin Shafiyev’s | 38. On 19 March 2010 the supervising prosecutor from the Investigations Department at the Dagestan Prosecutor’s Office overruled the decision to suspend the investigation as unlawful and unsubstantiated, and ordered that the proceedings be resumed. The decision criticised the investigators’ failure to take basic steps and pointed out the following:
“...from the witness statements... it follows that the abduction took place in the presence of numerous witnesses, next to the taxi stand. However, the investigators failed to identify and question all eye-witnesses to the abduction;
- from the case file it transpires that the abduction was recorded on a mobile phone. However, the investigators failed to take any steps to obtain this evidence and analyse it. They also failed to establish either |
Baymurzayev | 78. On 28 October 2002 the Russian Procurator-General's Office again sent the Georgian authorities the judicial investigation orders in respect of Mr Gelogayev (named as Mirjoyev), Mr Khashiev and Mr |
Rodrigues da Silva | 23. Referring to section 4 of the Immigration Act 1988 (pursuant to which the Act ought to be applied consistently with Norway’s international legal obligations aimed at strengthening the foreigner’s position) and to section 4 of the Human Rights Act, which incorporated the Convention into Norwegian domestic law, the Board found that the first applicant’s expulsion would not be incompatible with Article 8 of the Convention or the United Nations Convention on the Rights of the Child. In this connection the Board had regard to the Court’s case-law, notably Amrollahi v. Denmark, no. 56811/00, § 35, 11 July 2002; Boultif v. Switzerland, no. 54273/00, § 48, ECHR 2001‑IX; Dalia v. France, 19 February 1998, § 54, Reports of Judgments and Decisions 1998‑I; Jakupovic v. Austria, no. 36757/97, § 31, 6 February 2003). The Board considered in detail the first applicant’s arguments based on |
Beslan Baysultanov | 56. The decisions to have the investigation resumed noted, among other things, that the district prosecutor’s office had suspended it without carrying out a number of crucial investigative measures, such as verifying whether officers from the Groznenskiy ROVD/VOVD had been involved in the unlawful arrest of |
Klaus Barbie | 14. On 14 May 1997 Mr and Mrs Aubrac brought a private prosecution by direct summons in the Seventeenth Division of the Paris tribunal de grande instance. The summons contained fifty extracts from the book (eighteen from Barbie’s written submissions and thirty-two from the first applicant’s own text). The three applicants were summoned in their capacities as author, accomplice and a party liable for defamation under the civil law. Mr and Mrs Aubrac relied on section 31 of the Freedom of Press Act of 29 July 1881 and the Court of Cassation’s judgment of 4 October 1989 in Pierre de Bénouville. The relevant parts of the summons read as follows:
“When ... |
Ivan Petrovych Mysnianko | 5. Mr Leonid Ivanovych Andrusenko was born in 1953 and currently resides in the village of Konstiantynivka, Donetsk region, Ukraine. Mr Valeriy Volodymyrovych Bondarenko was born in 1956 and currently resides in the town of Krasnogorivka, Donetsk region, Ukraine. Mr |
Aslan Abubakarov | 16. In the meantime the investigators requested various law-enforcement authorities, including the FSB, and detention facilities to provide them with information about the possible arrest and detention of Mr |
Valentin Câmpeanu’s | 27. In a letter of 15 June 2004 to the Prosecutor General of Romania, the CLR requested an update on the state of proceedings following the criminal complaint it had lodged with that institution on 23 February 2004 in relation to the circumstances leading up to |
Ali Gastamirov | 139. The Government cited testimony given by another neighbour, Ms A.M., on an unspecified date. On the night of 12 May 2002 she had been woken up by the noise coming from neighbouring houses. She had seen some fifteen or sixteen masked armed men in camouflage uniforms enter the seventh applicant's backyard, burst all the light bulbs there and break down the front door of the house. Some five or seven minutes later, the intruders had taken |
Akhmed Shaipov | 23. On 4 August 2003 the first applicant wrote to the prosecutor’s office of the Chechen Republic alleging that her son had been apprehended by servicemen of law enforcement agencies. In support of her allegations she submitted that |
Ilias Sagayev | 23. On 16 May 2003 the Military Prosecutor of military unit no. 20102 informed the first applicant that his letter had been examined and found not to contain any evidence of the involvement of military servicemen in the abduction of Mr |
Rustam Muradov | 46. At about 12.30 a.m. on 14 July 2003 Mr Rustam Muradov, his colleague Mr V.S. and Mr B.G.’s family members, including his son Mr R.G., were at the site, when a group of ten to fifteen armed service personnel in camouflage uniforms and balaclavas arrived in a GAZelle minivan and a VAZ vehicle. Speaking unaccented Russian, the service personnel broke into Mr B.G.’s home, handcuffed and blindfolded Mr |
Christopher Prentice | 54. Abda Sharif held a further meeting with President Aref on 18 August 2008 and presented him with the letter from the British embassy, outlining the United Kingdom’s opposition to the imposition of the death penalty. The letter was signed by the British ambassador, |
Bislan Musliyev | 139. From the documents submitted it appears that on a number of occasions the applicants complained to various State authorities about their relatives’ abduction and requested assistance in their search. For instance, in August 2004, March 2008 and June and September 2009 they forwarded complaints to various law-enforcement agencies, alleging that Rizvan and |
Said-Magomed Imakayev | 100. In October 2005 the Government submitted copies of several documents from criminal case file no. 36125, opened in November 2004 by the Shali District Prosecutor's Office. The file was opened on the basis of unspecified documents from the Main Military Prosecutor's Office concerning the disappearance of |
Aslanbek Khamidov’s | 20. On 6 September 2002 an investigator of the ROVD questioned Mr T. who stated that on 25 October 2000 he had been arrested in the course of a special sweeping operation. When at the operation control centre, he had seen a number of people with their heads covered with shirts. He had heard and recognised |
Zübeyir Aşan | 58. The finding that Zeki Aslan had tenderness in his left shoulder could have resulted from the “hanging by the arms”, mentioned in the petition. In the absence of a sufficient examination, it was considered that the findings in the medical report corresponded to the allegations of ill-treatment.
l) |
Aslan Tasatayev | 10. The first applicant managed to go onto the porch. In the yard she saw around twenty-five to thirty servicemen who were accompanied by a sniffer dog. At the gates the applicant saw Aslanbek Tasatayev standing with his hands up against the wall. Meanwhile the officers took |
Sariye Yılmaz | 40. On 3 August 2001 a letter from the gendarmerie headquarters in Ankara was sent to the Ministry of Interior Affaires. The letter was a reply to an inquiry made by the Ministry of Foreign Affaires following the communication of the applicant's case by the Court to the respondent Government. It was stated in the letter that on 7 October 1996, following an armed clash between terrorists and the security forces, terrorists fled to Bayırlı village and killed the applicant's wife by firing at random with rockets and long-barrel guns in the middle of the village. Moreover, it was incorrect that a senior lieutenant had examined the corpse of the applicant's wife and drafted a report which concluded that she had died due to a shrapnel wound caused by an artillery shell fired by soldiers. Such a report did not exist. It was apparent from the witness statements and from the incident report that the perpetrators of the incident were members of the PKK. It was also stated in the letter that the Lice Gendarmerie Command submitted the document concerning the death of |
Isa Kaplanov | 24. During the investigation the authorities identified two military servicemen who had taken part in the apprehension of the applicant’s relatives. They were T. and M., both from Yekaterinburg and on mission in Chechnya. Those two servicemen were called for questioning to the Grozny Prosecutor’s Office on 31 June 2001. The applicant submitted copies of summonses. She alleged that in the case file she had seen a transcript of interviews with T. and M. in which they had admitted that they had illegally arrested |
Magomed Edilov | 76. On 16 January 2006 the applicant lodged a claim with the District Court seeking to establish the paternity of Magomed Edilov in respect of her daughter, born on 13 June 2002. The claim was granted and on 3 April 2006 the Achkhoy-Martan district civil registration office issued a certificate stating that |
Solomos Spyrou Solomou | 16. The applicant underlined the following passages from UNFICYP's press release on the events surrounding the demonstration of 14 August 1996:
“By 14.20 hours, some 200 Greek Cypriots were inside the UN buffer zone, but UNFICYP was in control of the situation. The demonstrators were being rounded up and moved out of the UN buffer zone. The main group of Greek Cypriots were no closer than about 30 metres from the Turkish forces ceasefire line. ...
At about that time, a Greek-Cypriot male, later identified as |
Magomed-Emin Mezhidov | 9. On the morning of 15 May 2002 Mr Magomed-Emin Mezhidov was at home with the first and second applicants. Another relative, Mr M., and a neighbour, were also present. At around 10 a.m. two armoured personnel carriers (“APCs”) arrived at the applicants’ house located in the centre of the village. A group of about twenty armed and masked servicemen in camouflage uniforms broke into the courtyard and threatened all those present with firearms. Having checked the identity documents, the servicemen forced Mr |
Makarchykov | 68. On 5 December 2000 the Deputy Minister of the Interior and the Head of the City Department of the Interior reviewed Mr Makarchykov's complaints and found them unsubstantiated. They further stated that criminal proceedings against Mr |
Viktor Trubnikov | 15. That evening the prison governor conducted an inquest. He examined six documents: (i) the order to place Viktor Trubnikov in the punishment cell, (ii) the disciplinary offence report, (iii) the report drawn up on finding |
Bashar Al Assad’s | 27. The State Court held that the applicant had not succeeded in calling into question or refuting the open evidence submitted by the National Security Agency. Rather, he had used abstract and general statements in an effort to downplay the importance of the information provided therein. Furthermore, the applicant had submitted certain documents (written statements, letters and so on) for the first time at the hearing of 23 May 2014, even though it was apparent that he had had them before. Having assessed the reasons given by the Aliens Service and the Ministry of Security, the content of the classified and open evidence, and the applicant’s arguments, the court concluded that there still existed reasonable doubt as to whether or not the applicant posed a threat to national security and that the imposition of a less strict preventive measure was not justified, given the particular circumstances of the case. The State Court concluded that there had been no violation of Article 5 § 1 of the Convention. The court furthermore held that, contrary to the applicant’s arguments that he feared criminal prosecution in Syria, it was evident from the case file that his family was very influential and close to |
Kjartan Ásmundsson | 31. The applicant lodged an appeal against the judgment of 19 September 2006, which was dismissed by the Tbilisi Regional Court on 6 March 2007. Referring to paragraphs 39 and 45 of the Court’s judgment in the case of |
Magomed Khashiyev | 22. The applicant appended to her complaint a sketch map of the district with indications of places where the bodies of her relatives had been discovered and colour photographs of her brother's body taken by |
Said-Magomed Imakayev | 79. Also on 9 July 2004 the investigator of the Main Military Prosecutor's Office withdrew the applicant's victim status in case no. 29/00/0015-03. The order stated that the investigation had established that on 2 June 2002 military servicemen, acting in accordance with section 13 of the Suppression of Terrorism Act, had carried out an operative-combat action (оперативно-боевое мероприятие) and detained |
Akhmad Shaipov | 51. On 18 November 2005 the district prosecutor’s office quashed the decision of 23 December 2003 and resumed the proceedings. They stated that it was necessary to carry out a number of investigative measures, for instance, to order that law enforcement agencies take steps to identify the perpetrators, to collect recommendations concerning |
Luigi Franchescini | 19. By a judgment no. 1352/96 the Bologna Magistrate (pretore) (in his function of Labour judge) rejected the applicants’ claims.
The applicants appealed. Pending these proceedings Mr Arnaldo Capelli and Mr |
Peter the Great | 7. On the same day the mass media reported that an organisation called “The Revolutionary Military Council” («Революционный Военный Совет» – hereafter “the RMC”) had claimed responsibility for the destruction of the monument. In the morning of 6 July 1997 newspapers published a statement by the RMC, which claimed that its members were planning to perform “a conditional destruction” of the statue of another Russian Tsar, |
Anastasios Isaak | 17. UNFICYP officer Sergeant Lorraine Stack, who had been helping out another Greek-Cypriot demonstrator a few metres away, went to Officer Flood’s assistance. The two UNFICYP officers then dragged Anastasios Isaak’s body to the area controlled by the Cypriot Government. Greek-Cypriot demonstrators then took the body and put it in a car. The car was driven towards the guard room of the National Guard and |
Timerlan Akhmadov | 197. At about 2 a.m. on 10 March 2003 a large group of 120 to 130 armed servicemen in camouflage uniforms arrived at the applicants’ house in an APC, Ural lorries and UAZ-452 vehicles. A group of ten servicemen broke into the house and searched the premises. They spoke unaccented Russian and were of Slavic appearance; some of them were equipped with portable radio devices. The servicemen forced the Dishnayev brothers and Mr |
the Minister of Health | 33. No medical aid was provided to the applicant in respect of his heart and teeth problems. On 3 June 2006 the applicant asked the SIZO governor to conduct a medical examination as he believed he had contracted hepatitis B because of the failure of the SIZO staff to respect hygiene rules. This request was rejected; so was another request for a special diet in view of his possible hepatitis infection. On 2 November 2006 the applicant asked |
Jafarov Rasul Agahasan oglu | 47. On 29 March 2015 Mr Bagirov sent a letter to the Head of the Prison Service of the Ministry of Justice asking for a meeting with six of his clients who were held in detention, including the applicant. He specified in his letter that he was representing those individuals before the Court, and requested a meeting with them in connection with their pending cases. The relevant part of the letter reads:
“I am writing to inform you that I represent the following individuals, who are detained in the penal facilities and temporary detention centres under your authority, before the European Court of Human Rights.
I ask you to allow a meeting with these individuals in connection with the progress of their cases based on their applications lodged with the European Court (the numbers of which are stated below):
... 6. |
Hanefi İkincisoy | 20. The report stated that in connection with an ongoing investigation, a search was conducted in a house on 22 November 1993. The officers were looking for Hanefi İkincisoy[5] however they were informed that |
S.-E. Sambiyev | 42. On the same date, 2 October 2003, the investigators granted the applicant victim status in the criminal case and questioned her. She stated that at about 3 p.m. on 15 August 2003 Ms R.M. had arrived at her house and told her that their sons, |
Cemal Ağdaş | 32. On 27 May 1996 the Eyüp Magistrate’s Court rejected Cemal Ağdaş’s complaint of 23 May 1996 on the grounds that the administrative and judicial authorities had already initiated an investigation into the matter. On 3 June 1996 |
Nicos Th. Tampas | 71. This applicant was in charge of the soldiers who were defending Lapithos. After the Turkish forces encircled Lapithos, the Greek Cypriot forces were ordered to retreat. The applicant’s group put on civilian clothing and unsuccessfully tried to break out of the village. When the Turkish forces entered the village the next morning, the applicant’s group dispersed to avoid capture. At about 9 p.m. on 6 August 1974, the applicant was seen by |
David Assanidze | 49. The Supreme Court found that the investigating bodies and the court that tried the case at first instance had not sought to establish why Mr David Assanidze had waited for so long before implicating the applicant and had not done so at his own trial. Instead, they had merely affirmed: “Relations between Mr |
Yakub Dzhabrailov | 27. On 30 March 2004 the investigators questioned Mr M.S., who had been the head of the Argun department of the Federal Security Service (FSB) at the time of the abduction. The officer denied having any pertinent information concerning the disappearance of Mr |
Murad Khachukayev | 67. Referring to the information provided by the Prosecutor General’s office, the Government submitted that the applicant’s first complaint that his son had been abducted had been received by the district prosecutor’s office on 11 February 2003, that the criminal case in this respect had been instituted on 12 February 2003 under Article 126 § 2 of the Criminal Code (aggravated kidnapping) and that it had been assigned number 34023. In connection with the discovery on 12 February 2003 of fragments of a human body which, according to the relatives, was that of |
Khamzat Tushayev | 39. On 31 January 2007 the investigators interviewed L.Ts. as a witness. She submitted that she held the post of the senior inspector with the information department of the Ministry of the Interior of the Chechen Republic and that on an unspecified date in April 2006 she had gone, together with members of a film crew, to the Department for the Fight against Organised Crime (“UBOP”) of the Chechen Republic. While the crew had been filming, an UBOP officer had been questioning a group of detained persons, one of whom had been |
Mehmedalija Omerović | 21. The Supreme Court separated the applicants’ appeal on points of law into one appeal against the judgment on the merits and another against the decision on costs and expenses. On 17 November 2010 it declared both of them inadmissible on the ground of lack of locus standi. The relevant part of the decisions reads:
“Under section 91(a) § 1 of the Civil Procedure Act ... a party to the proceedings may lodge an appeal on points of law only through a representative who is a lawyer. Under Article 91(a) § 2 of the Code of Civil Procedure, as an exception to § 1 ... a party may lodge an appeal on points of law himself only if he has passed the Bar exam, or through a representative ... who is not a practising lawyer, if that representative has passed the Bar exam. Under Article 91(a) § 3 of the Code of Civil Procedure the party, or his representative under § 1 of this Article, are obliged to submit an original or a copy of the Bar exam certificate ...
In the case in issue the first plaintiff, |
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