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Aset Yakhyayeva | 48. Kh.S., interviewed as a witness on 7 November 2001, stated that on the evening of 6 November 2001 Aset Yakhyayeva and Milana Betilgiriyeva had stayed at his house with his daughters. At about 6.30 a.m. on 7 November 2001 Kh.S.’s daughter had told him that five armed masked men had burst into their house and had abducted |
Sirazhudin Shafiyev | 7. At about 8 a.m. on 8 September 2009 Sirazhudin Shafiyev took his children to their kindergarten and was driving back home in his VAZ-Priora car with registration number E417- ОУ when his vehicle was blocked by a red-coloured VAZ-2107 and a silver-coloured VAZ-21014, both of which did not have official registration numbers. A group of masked men in camouflage uniforms got out of the vehicles, dragged |
A.R. “Vanagas” | 30. In the KGB decision of 13 October 1956 on the detention of “Vanagas” it was, inter alia, stated that by nationality he was Lithuanian, and he also belonged to “Lithuanian bourgeois nationalists”. The decision underlined the specific, active and leading role of |
Bayram Duran’s | 10. On 17 October 1994 an autopsy was carried out on Bayram Duran’s body. In the autopsy report drafted on 14 December 1994 and signed by four doctors from the hospital at the Cerrahpaşa University, the cause of death was identified as cardiac failure. The forensic experts found a haemorrhage of 3 x 8 cm in the left scapular region. They nevertheless considered that the haemorrhage had not directly caused |
Bişar Nibak | 21. On 24 July 1993, the gendarmes drew up an incident report and a location sketch map. The statements of the villagers were taken by the gendarmerie. Zeki Matyar, father of the murdered child, stated that he had been hit on the head by |
Konovalenko | 38. Mr N.’s mother stated to the investigator that in the hospital her half-conscious son had mumbled incoherently about “cops” hitting him on the head. When she came to visit him two days later, she stumbled upon two men in civilian clothing by her son’s bed, one of them was shaking her son and asking him whether he had remembered the “cops” who had beaten him. She loudly protested and they all went out into the corridor where the men produced their badges and introduced themselves as the police officers from the Sokolinaya Gora police station, Mr Drozhzhin and Mr |
Ruslan Nasukhayev | 53. On 27 January 2004 the first applicant was granted victim status in case no. 59054 and questioned. He stated that on 14 February 2002 the armed clash between the federal troops and insurgents had commenced in his village. The servicemen had taken away his sons and their cousin, |
Mehmet Akan | 83. Hacire Ceylan stated in her testimony given on 17 May 1995 that on the day in question she had been grazing her animals outside her village when soldiers had told her that they were carrying out an operation and asked her to return to her house. She had complied with this request. She had not seen soldiers beating up |
Magomed Israilov | 47. On numerous occasions between 2002 and 2006, in particular on 17 March 2003 and 13 March 2006, the applicants complained to various law-enforcement authorities about the abduction and requested assistance in their search for Mr |
Shchiborshch | 108. Furthermore, the second applicant alleged that a number of D-n.’s statements had been false. In particular, Mr Shchiborshch could not have thrown an iron at him, because the iron had been tied to the balcony door. When D-n. entered the kitchen, he could not have seen its floor covered in blood. Although the regular squad had hit Mr |
Gegharkunik | 57. On 19, 25, 26 and 31 August 2004 the Senior Assistant to the Gegharkunik Regional Prosecutor, Y.I. (hereby Senior Assistant Y.I.), took statements from the following law enforcement officers in connection with the allegations of ill-treatment: |
the Minister of National Development | 8. On 30 April 2013 the applicant submitted – under section 90 of Parliamentary Resolution no. 46/1994. (IX.30.) OGY (“the Rules of Parliament”) – an interpellation to the Speaker. It was addressed to |
Khamidkariyev | 49. On 19 October 2014 the UNHCR Representation in the Russian Federation (“the UNHCR”) submitted a memorandum on the applicant’s case to the Moscow City Court for consideration. It was noted that torture was a widespread method of coercion used by the Uzbek authorities to obtain self‑incriminating statements from those suspected of involvement in “religious extremism”. The statement read, in particular:
“As follows from the document of the Call for Urgent Action published by Amnesty International on 6 November 2014, after the forced return to Uzbekistan, Mr |
Adnan Haiik | 32. On 21 August 2013 the Ombudsman replied [in English] as follows:
“In your complaint you request Ombudsman’s assistance in obtaining order for your release as well as assistance with contacting your family in Syria.
In the process of examining your complaint I have contacted the centre for detained foreigners and asylum seekers ‘Daugavpils’ (hereinafter – the Centre). According to information provided by the Centre, your application for asylum is currently under examination in the Office of Citizenship and Migration Affairs. The expected date of decision is 4 October 2013.
According to the decision of Daugavpils (City) Court from 8 July 2013, as well as Latgale Regional Court you are currently detained on the basis of [section 9(1)(2)] of the Asylum Law. The next periodical review of your detention is due before 6 September 2013. [Section 9(1)(2)] of the Asylum Law states that ‘the State Border Guard [Service] has the right to detain an asylum seeker for a period up to seven days and nights if there are reasons to believe that the asylum seeker is attempting to use the asylum procedure in bad faith.’
The decision of Daugavpils (City) Court is based on the fact that you have crossed the Latvian border under the name of |
Murad Khachukayev | 85. On 27 June 2008 the investigators questioned the current head of the Goyty village administration, Mr A.D., who stated that in 2003 unidentified armed men had abducted Murad Khachukayev, and that some time later human remains had been found and the applicant and his relatives had identified them as belonging to |
Rose Mary West | 33. T.M. (a member of the Board who only read the script) had no doubt that it would have been better had they watched the theatrical production. He, however, explained that there were instances, such as the one in the present case, where the script was so objectionable, that he did not feel the need to watch it, since the two elements which he objected to (the words concerning Auschwitz and the passage about Fred and |
Van den Heuvel | 35. She had prevailed on her boyfriend to get off the scooter when the youth had said: “Get off, get off, or I will shoot” (“Ga eraf, ga eraf, anders ga ik schieten”). Mr Hoeseni had then run off to get help, whilst the youth bump-started the scooter and made off with it. Mr Hoeseni had returned with two police officers and the three of them had set off in pursuit of the youth on the scooter. Ms Bhondoe had joined them for a while but had been called back by her brother. Together they had run in the direction taken by the police officers. Arriving at the Huigenbos building, they had seen a large number of cars. Mr Hoeseni had told them that the youth had been caught and that the police had shot him.
(c) Mr |
Khamid Mukayev | 19. During the night of 15-16 September 2004 M.F., who lived at 12 Pervogo Maya Street, was woken up by the noise of vehicles. When she looked outside the window, she saw an APC, a white Gazel vehicle, a light‑coloured UAZ vehicle and a large group of armed masked men going towards the applicants' house. The vehicles had no licence plates. A group of servicemen secured the perimeter of the house. M.F. went home to get dressed but when she got outside, the APC was already driving back and the servicemen sitting on it pointed their guns at her. Once the APC had moved away, M.F. went to the applicants' house and was told about the abduction of |
Meliha Dal's | 171. Appended to this letter were, inter alia, Meliha Dal's petitions of 16 and 18 February 2000 (see paragraph 166 above), a statement dated 23 March 2000 in which Meliha Dal had declared that she had seen her missing brother on television on 3 February 2000, the applicant's petition of 24 March 2000 (see paragraph 167 above), |
Karl Roman Beck | 5. The first applicant, Mr Hans Walter Schädler, was born in 1945, Mr Tobias Johann Schädler was born in 1983, Mr Helmut Julius Beck in 1964, Mr Edmund Eugen Gassner in 1947, Mr Herbert Victor Beck in 1953, Mr |
Shchiborshch | 24. On 22 August 2006 officer F. of the special police unit was questioned. He stated that for technical reasons he had been unable to get into the same police car as officers B., D-n., Kh. and S. and had arrived later in his own car. He observed most of the operation while standing behind the police officers who had arrived earlier. His account of the events was consistent with those of the other police officers. He also added that the first applicant had told him that recently Mr |
Rasul Tsakoyev’s | 15. On 30 September 2004 the local newspaper “Газета Юга” (Gazeta Yuga) in its issue no. 40 (553) published an official statement by the Ministry of the Interior of Kabardino-Balkaria, stating that as a result of the special operation a resident of Khasanya had been arrested, along with two residents of Nalchik. According to the applicants, nobody from Khasanya except their son had been arrested during the special operation.
(c) |
Mahmut Özkanlı | 59. The witness is a resident of Havuzlu village in Ovacık. He stated that he was familiar with the Özkanlı family and the incidents which had occurred in Gözeler as his village had previously been connected to Gözeler. He explained that the inhabitants of Gözeler, including |
Rustam Kagirov | 34. On 23 November 2009 the head of the investigations department ordered that the investigation was resumed and a number of steps were taken. In particular, his written instructions contained the following orders:
“... 3. To question the applicant and find out the reasons why in his complaint of the abduction of 18 May 2009 to the Achkhoy-Martan district prosecutor’s office he stated that |
Dzhamali Sultanov | 109. On 3 July 2008 the investigators questioned district police officer Mr Kh.Z., who stated that at about 5 a.m. on 5 November 2004 the first applicant had arrived at his house and informed him of her son’s abduction. She had provided a detailed description of the abductors and their vehicles and also stated that a fortnight prior to the events, Mr |
Arcila Henao | 17. Leave to appeal to the House of Lords was granted, and on 5 May 2005 the House of Lords unanimously dismissed the applicant’s appeal ([2005] UKHL 31).
Lord Nicholls of Birkenhead summarised the applicant’s prognosis as follows:
“... In August 1998 [the applicant] developed a second Aids-defining illness, Kaposi’s sarcoma. The CD4 cell count of a normal healthy person is over 500. Hers was down to 10.
As a result of modern drugs and skilled medical treatment over a lengthy period, including a prolonged course of systematic chemotherapy, the [applicant] is now much better. Her CD4 count has risen [from 10] to 414. Her condition is stable. Her doctors say that if she continues to have access to the drugs and medical facilities available in the United Kingdom she should remain well for ‘decades’. But without these drugs and facilities the prognosis is ‘appalling’: she will suffer ill health, discomfort, pain and death within a year or two. This is because the highly active antiretroviral medication she is currently receiving does not cure her disease. It does not restore her to her pre-disease state. The medication replicates the functions of her compromised immune system and protects her from the consequences of her immune deficiency while, and only while, she continues to receive it.
The cruel reality is that if the [applicant] returns to Uganda her ability to obtain the necessary medication is problematic. So if she returns to Uganda and cannot obtain the medical assistance she needs to keep her illness under control, her position will be similar to having a life-support machine turned off.”
Lord Hope of Craighead, with whom Lord Nicholls, Lord Brown of Eaton-under-Heywood and Lord Walker of Gestingthorpe agreed, referred in detail to the Court’s case-law (see paragraphs 32-41 below), and held as follows:
“... that Strasbourg has adhered throughout to two basic principles. On the one hand, the fundamental nature of the Article 3 guarantees applies irrespective of the reprehensible conduct of the applicant. ... On the other hand, aliens who are subject to expulsion cannot claim any entitlement to remain in the territory of a Contracting State in order to continue to benefit from medical, social or other forms of assistance provided by the expelling State. For an exception to be made where expulsion is resisted on medical grounds the circumstances must be exceptional ... The question on which the Court has to concentrate is whether the present state of the applicant’s health is such that, on humanitarian grounds, he ought not to be expelled unless it can [be] shown that the medical and social facilities that he so obviously needs are actually available to him in the receiving State. The only cases where this test has been found to be satisfied are D. v. the United Kingdom ... and B.B. v. France ... [T]he Strasbourg Court has been at pains in its decisions to avoid any further extension of the exceptional category of case which D. v. the United Kingdom represents.
It may be that the Court has not really faced up to the consequences of developments in medical techniques since the cases of D. v. the United Kingdom and B.B. v. France were decided. The position today is that HIV infections can be controlled effectively and indefinitely by the administration of retroviral drugs. In almost all cases where this treatment is being delivered successfully it will be found that at present the patient is in good health. But in almost all these cases stopping the treatment will lead in a very short time to a revival of all the symptoms from which the patient was originally suffering and to an early death. The antiretroviral treatment can be likened to a life‑support machine. Although the effects of terminating the treatment are not so immediate, in the longer term they are just as fatal. It appears to be somewhat disingenuous for the Court to concentrate on the applicant’s state of health which, on a true analysis, is due entirely to the treatment whose continuation is so much at risk.
But it cannot be said that the Court is unaware of the advances of medical science in this field. All the recent cases since S.C.C. v. Sweden have demonstrated this feature. The fact that the Court appears to have been unmoved by them is due, I think, to its adherence to the principle that aliens who are subject to expulsion cannot claim any entitlement to remain in the territory of a Contracting State in order to continue to benefit from medical, social or other forms of assistance provided by the expelling State. The way this principle was referred to and then applied in Amegnigan v. the Netherlands ... is, in my opinion, highly significant. What the Court is in effect saying it that the fact that the treatment may be beyond the reach of the applicant in the receiving State is not to be treated as an exceptional circumstance. It might be different if it could be said that it was not available there at all and that the applicant was exposed to an inevitable risk due to its complete absence. But that is increasingly unlikely to be the case in view of the amount of medical aid that is now reaching countries in the Third World, especially those in sub-Saharan Africa. For the circumstances to be, as it was put in Amegnigan v. the Netherlands, ‘very exceptional’ it would need to be shown that the applicant’s medical condition had reached such a critical stage that there were compelling humanitarian grounds for not removing him to a place which lacked the medical and social services which he would need to prevent acute suffering while he is dying.
... So long as [the applicant] continues to take the treatment she will remain healthy and she will have several decades of good health to look forward to. Her present condition cannot be said to be critical. She is fit to travel, and will remain fit if and so long as she can obtain the treatment that she needs when she returns to Uganda. The evidence is that the treatment that she needs is available there, albeit at considerable cost. She also still has relatives there, although her position is that none of them would be willing and able to accommodate and take care of her. In my opinion her case falls into the same category as S.C.C. v. Sweden, |
Movsar Khamzatov’s | 64. On 12 August 2004 the UGA prosecutor’s office set aside the decision of 21 December 2001 as premature and unfounded. The UGA prosecutor’s office’s decision stated, among other things, that there were numerous contradictions in the statements of the servicemen which remained unexplained. The investigation had failed to establish which of the servicemen had caused |
Mehmet Salim Acar | 125. Also on 23 November 1995 Harun Aca, in his capacity as a person suspected of an offence, made a similar statement to the Bismil public prosecutor. In addition, Harun Aca declared that he had a document proving that he had participated in an operation conducted in the Kelmehmet mountains near Mardin between 19 July and 6 September 1994, and submitted, inter alia, a letter of commendation from the command of the Mardin gendarmerie commando battalion at Kızıltepe certifying that he had participated in an operation conducted between 19 July and 20 August 1994 in the Şırnak and Mount Cudi area. He again denied that he had provided any information to Captain İzzet or NCO Ahmet and maintained that he knew nothing about the disappearance of |
the Minister for Infrastructure | 34. The statistical reports prepared by the government, in particular the Ministry for the Treasury (Ministerstwo Skarbu Państwa) and the Ministry for Infrastructure (Ministerstwo Infrastruktury), have to date not addressed the question of how many of the Bug River claimants have ever obtained any compensation and, if so, whether it was full or partial, and how many of them have not yet received anything at all.
The idea of keeping a register of Bug River claims emerged in the course of the preparation of the Government Bill, and such a register is to be kept in the future. Nevertheless, the need to collect the relevant data had already been perceived by |
Melita Theodoridou | 31. In support of his claim to ownership, applicant no. 9 produced copies of the original title deeds and/or of “affirmations of ownership of Turkish-occupied immovable property” issued by the Republic of Cyprus. He indicated that the house described in paragraph 30 above was the house where he and his family were living at the time of the Turkish invasion. In a letter of 15 June 2004 the applicants' representative informed the Court that applicant no. 9 had died and that Mrs |
Émile Maurice Jean Marc Garçon | 38. On 27 January 2011, following an appeal by the second applicant, the Paris Court of Appeal upheld the judgment of 9 February 2010 giving the following reasons:
“... While the principle of the inalienability of civil status precludes the law from recognising a change wilfully sought by an individual, it does not imply that civil status cannot be changed.
Where a genuine gender identity disorder that is medically recognised and untreatable has been diagnosed following a rigorous assessment, and the transgender person has undergone irreversible physical changes for therapeutic purposes, it is appropriate to consider that, although the person’s new gender status is imperfect in that the chromosomal make-up is unchanged, he or she is closer, in terms of physical appearance, mindset and social integration, to the preferred gender than to the gender assigned at birth. In these circumstances, and since under Article 57 of the Civil Code the birth certificate must mention the sex of the individual concerned, the principle of change should be accepted.
In the present case |
Abdul Kasumov | 48. According to the Government, the investigation has neither established the whereabouts of Abdul Kasumov nor found his corpse. The investigators found no evidence to support the involvement of military servicemen or representatives of law-enforcement agencies in the abduction. The law-enforcement authorities of Chechnya had never arrested or detained |
the Minister of Justice | 28. The general meeting drafted the following motion, which was adopted unanimously:
“The general meeting of judges of the Paris tribunal de grande instance held on 4 July 2000, without disputing the authority conferred on |
Said Nursi’s | 12. In his letter of 4 August 2006 the Chief Mufti of Russia endorsed the above-mentioned expert opinion. He said that the prosecutor’s experts had interpreted faith in the righteousness of any religion and the preaching of that faith as propaganda about people’s superiority or inferiority, depending on their religion. The experts’ findings had therefore been based on anti‑religion concepts and could be applied to any religious text. |
O.I. Bogomolov | 33. The Kyiv City Court also ordered the forfeiture of the applicant's bail, a sum of UAH 500,000[3]. In particular, it held:
“... when questioned as an accused Mr O.I. Bogomolov explained that he had changed his witness statement after his conversation with Mr V.G. Koval, who had recommended that, if he did not wish to be held criminally liable, he should say that the agreement had been concluded in hryvnyas and not in United States dollars.
... A witness, Ms Tyshchenko, has explained that Mr |
Christopher Edwards | 19. Each cell had a green emergency light situated on the wall outside the cell next to the door which came on when the call button was depressed inside the cell. Additionally, once the button was pressed, a buzzer sounded on the landing and a red light lit up on a control panel in the office on the landing concerned, indicating the cell. The red light remained on and the buzzer continued to sound even if the prisoner ceased to press the button. At 9 p.m., either |
Cavit Özalp's | 23. On 14 November 1995 the Bismil public prosecutor accused the non-commissioned officer, Mr İlhan Yücel, of failing to take the necessary precautions when Cavit Özalp had been asked to open the cover of the shelter and of causing |
Burhan Acar | 37. On 15 November 1993 at about 6.30 p.m., there was a ring at Mr Acar's door bell and he was told to open up for the police. In order to check their credentials, in view of recent police impostors abducting and killing human rights workers in the region, the applicant called the Chief Prosecutor at the State Security Court. His nephew, |
Michael Fitzgerald's | 67. The Home Office pathologist confirmed that the cause of death was a single gun shot wound to the chest and that the pattern of injuries was consistent with having been shot in the manner described by Officer B. A sample of |
Khalid Khatsiyev | 78. In undated letters the investigating authorities informed the applicants, Ilyas Akiyev, Baymurza Aldiyev, Aslambek Imagamayev and Aslambek Dishniyev that the criminal proceedings instituted in connection with the attack of 6 August 2000 and the murder of |
S. Kh. Dangayev | 29. On 14 May 2003 the Chechnya prosecutor’s office quashed the decision to suspend the investigation and reopened the proceedings, noting inter alia, that the investigation had established the following:
“...Between 9.30 p.m. and 11 p.m. on 23 October 2002 a group of armed men in camouflage uniform conducted identity checks and inspected houses in Pogranichnaya Street, Grozny. They entered the yard of the house at 14 Pogranichnaya Street where the senior bailiff from the Staropromyslovskiy bailiff’s office |
İbrahim Kilit | 75. Mr Pekbalcı was born in 1956 and was a farmer by profession. He had been working on the road construction site, obtaining materials from the quarry using explosives. He had had a fright after one particular detonation when he spotted a corpse about 10 m away from him, which, without approaching it, he reported to the Gendarmes Station of Aktoprak. He signed a statement to that effect at the station. The place where the body was found was accessible by car but was frequented mostly by lorries. He had been working with |
Mahir Emsalsiz | 65. The Sub-Commission further recounted the explanations given by another captain, to the effect that “since we already had four wounded gendarmes and were facing violent resistance, we could no longer decide to retreat, to halt the combat; we had no say in the matter”. The Sub-Commission pointed out that Lieutenant-Colonel A.Öz. (see paragraph 48 above) had also acknowledged that he could not have called off an operation without undermining the morale of the troops and allowing the “adversary” to regain confidence. It quoted that officer’s words as follows:
“... In my view, it was impossible to restrain [the rioters] by any other means because they had larges stores of food in the dormitories. Furthermore, we had no ‘paralysing’ gas, and to my knowledge there is no such gas. We have tear-gas canisters ... We could not opt to ‘wait and see’ because that would have raised the problem that a long period of waiting would have enabled the other side to prepare better and step up their resistance ... Once the armed confrontation has begun it can no longer be stopped. I am glad that my next-in-command and my lieutenant survived, thanks be to God, but if one of them had been martyred, how could we have explained that to people? ... In the past, when we came here on an operation, we only searched the ordinary convicts’ dormitories, not those of the prisoners convicted of terrorism. When the operation was instigated the latter prisoners resisted to the death. Firearms were the last resort, and we held back until our personnel began to sustain injuries ... That is when you have to react; the longer you hold off the worse the eventual losses [in your own ranks] will be ...; if you wait too long before riposting you will allow the ‘terrorists’ to adjust their aim and erect barricades ... They even began killing each other; there were burst of gunfire inside the dormitory ... I shouted down from the first floor ‘but that’s automatic gunfire!’ and the reply came ‘we know, sir ... we have no hunting rifles, we don’t use them ...”
Finally, the Sub-Commission quoted Captain D.Y. on that specific issue (cf. paragraph 49 above), who had considered it unfair to ask them how they could have avoided “killing ten individuals”:
“... We didn’t kill them ... Honestly, if I had wanted to kill someone, why would I have chosen ordinary guys like A.S. or |
Maksharip Aushev | 18. Following the disappearance of the four men, the first and the second applicant lodged complaints with various investigation bodies, public authorities and prosecutors’ offices. Other relatives and friends of the disappeared men also lodged several complaints in St Petersburg, Arkhangelsk and Ingushetia. In their statements they connected the murder of |
Joseph De La Cruz | 8. In April 1999 the applicants became tenants of a house owned by Liverpool City Council at 19 New Henderson Street. The property had been vacant for six months and the previous tenant had been Anita or |
Esref Simpil | 26. On 24 July 1993, the applicant was at his home in Basoğ hamlet, about 2 km from Ormandışı village. At about 17.00 hours, shots were heard coming from the village. Smoke and flames appeared. Village women and children were fleeing in his direction. At first he thought it was the soldiers raiding the village. He later discovered that it was the protectors. He called to his son Burhan in the fields and told him to escape. His son got on his tractor and fled. He knew some of the village guards and recognised |
Tomislav Remetin | 14. On 2 July 2008 the police informed the State Attorney’s Office of the results of their preliminary investigation. The relevant part of the police report reads:
“... a group of boys from Mokošica, headed by P.H., in which G.V. and M.P. and several other unidentified individuals were involved, went to the front of the Naval High School on 4 March 2008 in order to take revenge [for a previous fight between a student from the Naval School and P.H.]. When the students from the school saw the group of boys from Mokošica they ran away or headed back into the school, while a group of students attempted to leave the schoolyard passing by the [group of boys from Mokošica]. At that point the boys from the Mokošica group started to throw rocks at them and one rock hit |
Saydulkhanov | 13. In February 2004 unidentified officers from the Vedeno ROVD who were working there on mission from the Perm Region in Russia provided the applicant with information about her son’s abduction. According to the officers, on 13 January 2004 servicemen from ‘Vostok’ battalion in an UAZ minivan (‘tabletka’) had allegedly arrested Mr Muslim |
Magomed Ye. | 37. On 9 December 1999 the Ingushetia prosecutor's office opened a criminal investigation in respect of Mr Magomed Ye. under Article 285 § 3 of the Criminal Code (abuse of power entailing serious consequences), no. 99540071. On 15 March 2000 the Ingushetia prosecutor's office opened an additional investigation into abuse of power by |
Medeni Simpil | 49. On 23 July 1993, at around 16.00 hours, the Boyunlu village guards heard a report on the radio that 6 village guards, who had gone to cut poplar trees, had clashed with terrorists. Sadık Simpil and |
Suren Muradyan | 94. On 21 December 2005 the Syunik Regional Court, sitting in the town of Goris (Armenia), found officer V.G. guilty as charged and sentenced him to five years’ imprisonment, minus the one year and twenty‑four days already spent in detention, finding it to be confirmed that on 21 July 2002 officer V.G., during an argument with |
Yiannis Melissis | 46. According to the statement of Yiannis Melissis, who had been a prisoner of the Turks at Adana and Amasia in September 1974, he happened to meet the applicant during his captivity. They both stayed with others in cell no. 9 until 18 September. They had chatted together every day and became friends. On 18 September |
Mehmet Halit Çölgeçen | 18. By a letter dated 25 March 2011 the office of the Dean of the Faculty of Literature of Istanbul University submitted the following information to the Government for the purposes of the present proceedings:
– Mr |
Anzor Sambiyev | 19. The second applicant was questioned on 15 May 2004, 15 May 2005 and 13 March 2008. She submitted that on 10 April 2004 she had been at home with her son, Mr Anzor Sambiyev. At approximately 9 p.m. he had said that “Russians” had come. She had told him to try to escape through their neighbours' garden, which he had tried to do, having jumped out of the window. Then she had gone out to the yard where there had been a lot of men in camouflage uniform and masks armed with automatic weapons. In the street, behind the gates, she had seen an Ural vehicle. At that moment she had heard shooting. She had tried to enter the house, but the armed men would not let her. After a while she had entered the neighbours' yard and somebody had told her that Anzor had been taken away in the Ural vehicle. At the back of the yard, within approximately 10 metres of the window out of which Mr |
Vadim Pisari | 8. Vadim Pisari lived in Pirita, a village located on the left bank of the Dniester River but controlled by the Moldovan Constitutional Authorities. Early in the morning of 1 January 2012, after an all-night New Year’s Eve party with his friends at which alcoholic drinks were consumed, |
Ioannis Vrahimis | 8. The applicant claimed that her former husband, Mr Ioannis Vrahimis, had been the director and shareholder of a company called Vrahimis Estate Ltd. The company owned two large plots of land located in the village of Klepini, in the District of Kyrenia (plots nos. 6 and 7, sheet/plan XIII/33.W.I, registration nos. 583 and 586; area: 3,011 and 4,348 square metres respectively; share: whole). On 24 March 1973 the company decided to transfer these two adjoining plots by way of gift to Mr |
A.M. Dudayev | 33. On 1 August 2002 the Chechnya Prosecutor wrote to the Chechnya Military Prosecutor asking for assistance in the investigation of the criminal case. The letter stated, inter alia, the following:
“... The Chechnya prosecutor’s office is investigating a criminal case concerning the killing of Mr A. Dudayev and the wounding of Mr |
Yakup Aktaş | 99. The witness had been on guard duty on 20 and 24 November 1990. As part of his duties he had personally asked the detainees about their health five times during the day and the night. The inactivity displayed by |
Ömer Akakuş | 50. In an appeal case lodged with the Supreme Administrative Court (decision no. 2000/5120, on file no. 1999/2162, 11 October 2000) against the judgment rendered by the Erzurum Administrative Court, the appellant, Mr |
Hüsniye Ölmez | 286. They were all examined stripped to the waist. They were asked whether they had any marks on their bodies and they were told that, if there were, he would make a detailed examination. Apart from the bruised knee mentioned above, no one complained of any visible marks, although they all said they had been beaten. He saw no such marks himself. It was rare that he was presented with such a case and, when he was, he recorded it. The same day he re-examined |
Sergii Volodymyrovych Vlasenko | 173. In a judgment of 30 October 2012 the Kyiv District Administrative Court dismissed the applicant’s administrative application. In respect of the applicant’s complaint concerning the dissemination of the confidential information of her health condition the court stated as follows:
“The Ministry of Health of Ukraine denied the claim in this part on the grounds that the information about the plaintiff’s health condition is public, due to social publicity the information was given precisely in order to inform the public about important facts concerning the life and activities of a public person. The defendant states the press-release given on 16.02.2012 contains information about the activities of an established commission and the results of its work. The Ministry of Health further argues that the statement of the Minister is a comment on information which had been previously published in mass media.
...
The State Penitentiary Service of Ukraine denies the illegality of the disclosures of the above information, referring to the fact that this information was published to refute a statement released in the media and in the Internet. Specifically, the defendant states that information disseminated in the Internet on 25.11.2011, 01.12.2011, 08.12.2011, 13.02.2012, 17.02.2012, 27.02.2012, 09.03.2012, 23.03.12, reported the health status of the plaintiff, appeals of citizens, deputies and foreign diplomats to the defendant about the plaintiff’s health.
...
Having reviewed the materials submitted by the parties, the Court concludes that the information about the health condition and the fact of the plaintiff’s appeal for medical treatment was first disseminated by persons authorized by the plaintiff.
In particular, the case file contains a copy of the power of attorney dated 31.03.2011, registered under number 165 and issued by the plaintiff to Mr |
Aldan Eldarov | 125. At around 10.30 a.m. a group of servicemen conducted a search of Mr Aldan Eldarov’s house. They took away a group photograph of him, his brother and some police officers from Grozny, all of whom were in military uniform. Then the servicemen left and Mr |
Andrzej Kern | 29. The applicant was tried by the Skierniewice District Court between 22 May 1995 and 18 March 1996. On 19 March 1996 she was convicted for having made on television, radio and in the press, between 22 August and 16 September 1993, statements that “Mr Kern directed by emotions, made the Regional Prosecutor, his Deputy, and even the Minister of Justice breach the law because of the solidarity of colleagues” and that “today there are criminal proceedings pending against him”. The trial court considered that her publications and statements constituted a single continuous offence of defamation. By making the above statements, the applicant “defamed |
Necmettin Erbakan | 17. The applicants’ representatives alleged that in accusing Mr Necmettin Erbakan of supporting the use of force to achieve political ends and of infringing the principle of secularism the prosecuting authorities had merely cited extracts from his speeches which they had distorted and taken out of context. Moreover, these remarks were covered by Mr |
Gheorghe G. | 12. At around 10 p.m. police officers Gheorghe G., Curti D. and Ion M. came back from the on-site investigation they had carried out at Steluţa's flat. Gheorghe G. grabbed the applicant by his hair and pulled him upstairs to an office. |
Leontis Demetriou Sarma | 60. Later Mr Costas Themistocleous of Omorphita, now of Nicosia, who was a prisoner at Adana Prison, saw there the applicant, whom he had known from his childhood; this was on or about 17 October 1974, while he was about to return to Cyprus. They did not speak to each other but waved.
(i) Application no. 16073/90: |
Traian Vasu | 8. As regards the offence of improper conduct, the military prosecutor’s office decided on 27 October 1993 (Ms Nicoleta-Lorena Giurcanu ‑ applicant in application no. 30365/15, hereinafter “the first applicant”), 9 March 1994 (Mr |
Stanisław Remuszko | 8. Subsequently, the applicant requested seven daily and weekly newspapers to publish an identical paid advertisement for the book. The text of the proposed advertisement reads as follows:
“It does not make for pleasant reading for [the editor-in-chief] of Gazeta Wyborcza, friends. The truth about Gazeta Wyborcza. Previously unseen documents and new witnesses. |
Salman Bantayev | 9. Prior to 2000 Abubakar and Salman Bantayev participated in illegal armed groups. In 2000 they quitted paramilitary activities and voluntarily handed their arms over to the Chechnya Department of the Federal Security Service (the Chechnya FSB). On 21 January 2000 Abubakar and |
Khamid Mukayev | 58. On 6 October 2004 the investigation interviewed the first applicant as a witness. She stated that at about 5 a.m. on 16 September 2004 she had been woken up by the barking of her dog. Shortly afterwards a group of armed masked men in camouflage uniforms had burst into the house. Some of the armed men had stayed in the yard. There were in total about twenty‑five to thirty of them. The intruders took |
Hüseyin Akdıvar | 13. The village of Kurşunlu and the hamlet of Kayaş are located in a fairly mountainous region and approximately 45 minutes’ walk from each other. Close to Kurşunlu village and about an hour’s walk from Kayaş is the Kurşunlu plain. This plain is completely flat with very little growth. It is surrounded, however, by mountains, which are forested in part. The plain and the surrounding mountainside were used by the Kurşunlu villagers for grazing their animals. To the north of the Kurşunlu plain, about two and a half hours’ walk from Kayaş, is the village of Çevrecik. To the south-east of Kurşunlu village is the village of Kelekçi, where on 10 November 1992 security forces burned down the houses of nine villagers, including that of the village headman (muhtar) |
Khamid Khashiyev | 43. In their submissions on the merits the Government stated that investigative measures continued in 2003. On 18 March 2003 the second applicant was recognised as a victim in the criminal proceedings. On 15 April 2003 additional forensic reports were prepared on the bodies of |
Dejan Petrović | 16. According to the medical certificate issued by the Serbian Clinical Centre, Mr Dejan Petrović died from sepsis and cardiac arrest on 15 February 2002 at 4.30 a.m. Following a request by the investigating judge (M.P.) of the Belgrade District Court, the post-mortem examination of Mr |
Musa Temergeriyev | 88. By letters of 28 February and 20 March 2006 the branches of the Main Prisons Directorate of the Ministry of Justice (“the prisons directorates”) in the Rostov and Volgograd Regions informed the seventh applicant that |
the Minister of Justice | 25. Between 5 and 20 September 2001 the Inspection Service questioned four members of the investigative team. Their depositions included, inter alia, the information that the operative part of the team had been colluding with the applicant; that the applicant had been in close contact with I.C. (see paragraph 10 above); that the applicant had been involved in several contractual transactions within the group, which had eventually harmed the interests of the steelworks; that the request for authorisation to tap the applicant’s phone had been based on the suspicion that he had committed the offences of aggravated fraud (Article 250 of the Criminal Code) and money laundering (Article 255 of the Criminal Code); that the request had been drafted without consultation of the case file; that the interception had been necessary because it had not been possible to move the investigation forward without it; and that after the interception had been compromised the case file had been made available to various officials, including |
Alexei Vlasi | 15. Police officer B. chased Alexei Vlasi and approached him from behind on the landing of the top, fifth floor. He put his hand on his shoulder, called him by the name of the wanted suspect, announced that he was a police officer and asked him to come with him. At that moment Alexei turned around and punched police officer B. in the face with his right fist and attempted to run down the stairs. When he punched police officer B. he did not have anything in his hand. Police officer B. was pushed into a wall on his right and lost his balance. However, police officer C., who had already approached them from behind, managed to apprehend |
Mehmet Akan | 25. The following morning, on 12 November, they went to the office of the Dicle public prosecutor. When they telephoned the village at around midday there was still no word about the fate of the two Mehmets. However, when they telephoned again at 2.30 p.m. they were told that the bodies of |
Suleiman Said-Khusein Elmurzayev | 129. At about 4 a.m. on 2 April 2005 the applicants’ family was at home in the village of Duba-Yurt when a large group of armed military servicemen in camouflage uniforms and balaclavas arrived at their house in two UAZ minivans and a white Niva car. Having ordered all male members of the family to go outside, the servicemen searched the premises, speaking Russian among themselves. Then they forced Mr |
Theo van Boven | 100. Specifically referring to the situation regarding torture in Uzbekistan and returns to torture effected in reliance upon diplomatic assurances from the Uzbek authorities, the UN Special Rapporteur on Torture stated to the 2nd Session of the UN Human Rights Council on 20 September 2006:
“The practice of torture in Uzbekistan is systematic, as indicated in the report of my predecessor |
Khamzat Merzhoyev | 124. In February 2004 the ORB-2 and the Chechnya FSB department informed the investigation that they had no information about Khamzat Merzhoyev. On 22 April 2004 the Ingushetia FSB department stated that no special operations had been conducted in Katyr-Yurt by the FSB forces and also denied having any information about |
Emin Yıldırım | 27. The eyewitnesses H.Y., B.N. and Ö.Y. retracted their statements a further time and confirmed the truth of their initial accusations against Officer Akgün. H.Y. explained that he had been forced by Officer Akgün to retract his initial statement if he did not want to end up like |
Mehmet Atsız | 10. The sums claimed by the applicants were as follows:
Application no.
Applicant
Amount in Turkish liras
Approximate amount in Euros
42894/04
Mehmet Arat
791,793,180
1,440
42904/04
Haci[2] Atsız
1,481,705,734
2,700
42905/04
|
Amirkhan Alikhanov | 8. Early on the following day, 24 December 2004, Mr A. went to the “Mars-20” traffic checkpoint on the northern outskirts of Makhachkala to find out whether the traffic police officers had information about either his brother, |
Artur Bersunkayev’s | 53. According to the Government, apart from the applicant, the investigating authorities had also questioned several witnesses, including the applicant’s relatives and neighbors, and a number of public officials who had worked in the Chechen Republic at the material time. The witnesses were mostly questioned between 2003 and 2005. The applicant’s relatives had confirmed the circumstances of |
Halit Aslan | 24. Following the incident, the weather conditions allowed the authorities to visit the site on 29 September, 17 October, 22 October, 4 November, 21 November, 17 December 2001 and, finally, on 8 January 2002. On those dates the authorities visited the site in order to take photographs of the bodies and to carry out autopsies. However, despite extensive searches, the bodies, allegedly those of |
Arbi Karimov | 36. On 5 April and 12 May 2003 the military prosecutor’s office of the United Alignment Group (the military prosecutor’s office of the UGA) forwarded the second applicant’s complaints about the abduction of |
Zakshevskiy | 6. According to the findings of the domestic courts, in early 2000 Mr A.B. formed an armed gang which included the applicants, Mr Vladimir Zakshevskiy (the applicant in the case of Zakshevskiy v. Ukraine, no. 7193/04, § 11, 17 March 2016), Mr S.S., Mr I.K., Mr A.S. and two others. At the time the first applicant, A.B. and Mr |
Vasiliki Sampani | 40. On the intervention of the Greek Helsinki Monitor and of its executive director acting as the parents’ representative, the 12th school would have registered all the child applicants, except Ako Sampani, |
Wanda Rapaczyńska | 29. In a judgment of 26 April 2004 Warsaw Regional Court found the applicant guilty of attempted fraud, under Article 13 of the Criminal Code combined with Article 286 § 1, Article 294 § 1 and Article 12 of the same Code, and sentenced him to two years and six months’ imprisonment and a fine of 100,000 zlotys (PLN). In its reasoning the court found as follows:
(a) that it was established that between 15 and 22 July 2002, the applicant had attempted to incite |
Adam Bersanov | 64. On 7 January 2005 the Ministry of the Interior of Ingushetia informed the applicant as follows:
“Our department has taken steps to investigate the allegation that your son Adam Birsanov had been kidnapped by unidentified servicemen of one of the detachments of the special forces based in the Northern Caucasus.
It was established that on 5 December 2004 at fifteen minutes past midnight a convoy of three Gazel vehicles and a Niva had passed through the Volga-15 traffic police roadblock towards the Volga-14 roadblock by a side road. At about 1 a.m. the same convoy passed the Volga-12 roadblock towards Malgobek, and when the traffic police inspectors manning the roadblock ordered the vehicles to stop, a passenger in the leading Gazel vehicle showed through the window while driving past a special pass for the vehicle which belonged to the Department of the FSB.
At about 2.10 a.m. on 5 December 2004 the same convoy of vehicles again passed through the Volga-12 roadblock from Malgobek to Nazran, disobeying the orders of the traffic policemen. At about 2.30 a.m. this convoy was forcibly stopped at the Volga-14 traffic police roadblock; inside [the vehicles] were officers of the Ingushetia department of the FSB, who produced the appropriate documents, after which the vehicles continued towards Magas.”
The letter went on to say that on 16 December 2004 their office had asked the head of the Ingushetia FSB whether their servicemen had detained |
Judith McGlinchey | 37. Legal aid was granted to the three applicants to pursue domestic remedies for compensation. Their solicitors sent a notice of issue, under cover of a letter dated 12 February 1999, to the Treasury Solicitor requesting disclosure of medical and prison records in view of a claim for damages with respect to the death of |
Cavit Özkaya | 27. The autopsy report on Cavit Özkaya gives his cause of death as an internal haemorrhage, broken shoulder blades and ribs, together with the perforation of internal organs resulting from bullet wounds.
A private forensic pathologist who, at the request of the applicants, inspected the premises after the incident and examined the autopsy reports, commented that the only fatal wound to the front side of |
Musa Temergeriyev | 138. On 17 January 2003 the seventh applicant was questioned as a witness. After the acknowledgment of her victim status on 31 January 2003, she was questioned at least four times: on 21 April 2003, 14 April 2007, 9 October and 1 December 2008. The seventh applicant testified that before the abduction her brother had worked at the Main Prisons Directorate in Khankala. In the morning of 27 December 2002 a group of Russian servicemen, some of them with chevrons of the Ministry of the Interior, had taken him away in one of two APCs. They had Slavic features and had spoken unaccented Russian. The seventh and fourteenth applicants had seen the APCs enter the grounds of military unit no. 3186. The seventh applicant had immediately related the events to an on-duty police officer at the Michurina subdivision of the ROVD. The following day, a serviceman at the checkpoint and Ms Estamirova had told the applicant that |
Leroy Grant | 21. On 17 February 1998, after the jury had deliberated for a total of twenty-one and a half hours, the applicant was convicted of murder before the Crown Court at Manchester by a majority of ten to two and sentenced to life imprisonment. The applicant thereafter lodged a notice of appeal, asserting, inter alia, that the judge ought to have excluded evidence of the audio- and video-recordings of his conversations with |
Tibor Szepesi | 10. On 22 December 2003 the District Court prolonged the pre-trial detention by referring to the continued existence of the underlying grounds. On 7 January 2004 the Regional Court upheld this decision with the following reasoning:
“[I]n respect of |
Ali Osman Sivri | 47. On 23 February 1998 the lawyer representing the families of the other two deceased persons lodged a petition with the Yığılca public prosecutor's office. He requested that the photograph of the red car, belonging to Tarık Umit, which was found abandoned after his abduction, be shown to the witnesses heard in Yığılca. When the photograph of the red sports car with registration number 34 ZU 478 was shown to |
Hüseyin Başbilen | 12. On the same day an autopsy was carried out on the deceased’s body. The doctors noted that the body was in an advanced state of decomposition and that there were two cuts on it: one cut of 8 cm on the left wrist; another one between the left thyroid cartilage and the left ear. The doctors concluded that the cut on the deceased’s left wrist was the fatal wound and that the cause of death was excessive bleeding. They also noted that the cut on Mr |
Tengiz Assanidze | 53. After examining other evidence relied on by the court of first instance in the applicant's case and comparing it with Mr David Assanidze's depositions at his trial in 1996, the Supreme Court found:
“Both [the applicant's] indictment and conviction rely solely on the depositions of persons who have a direct interest in the outcome of the proceedings against him and there is no other evidence of his guilt in the case file. The Court must therefore find that Mr |
Thomas Klestil | 6. In its issue of 14 May 2004 Der Standard published an article in the domestic politics section under the heading “Gossip mongering” (“Kolportiert”). The article, which was entitled “A society rumour” (“Ein bürgerliches Gerücht”) commented on certain rumours relating to the marriage of Mr Klestil, the then Federal President. The article also appeared on the website of Der Standard. It read as follows:
“If the stories circulating between the outlying district of Döbling and the city centre are to be believed, there is only one topic of conversation at the moment among the so‑called upper crust of Viennese society: the marriage of the departing presidential couple |
Ibragim Tsurov | 74. The investigation failed to establish the whereabouts of Ibragim Tsurov. The investigating authorities sent requests for information to the competent State agencies and took other steps to have the crime resolved. The investigation found no evidence to prove involvement of law enforcement agencies in the crime. No special operations had been carried out in respect of |
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