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Iwaszkiewicz | 8. Apparently in 2001 and 2002 doubts arose as to the accuracy of certain medical examinations, on the basis of which social insurance benefits had been granted by the Zduńska Wola Social Insurance Authority. By a letter of 24 October 2002 the Sieradz Regional Prosecutor requested that Authority to review, under section 114 of the Law of 17 December 1998 on retirement and disability pensions (ustawa o emeryturach i rentach z systemu ubezpieczeń społecznych - see paragraph 22 below), the final decisions issued in 115 disability pension cases. The request referred to a pending investigation in the case of a certain J.S. and other doctors who had been assessing claimants’ health for the purposes of social insurance proceedings. The prosecutor submitted that it was highly likely that in those cases serious irregularities concerning the assessment of the claimants’ eligibility for social insurance benefits had occurred. The list of cases attached to that request included Mr |
Rachid RAMDA | 22. Accordingly, the Criminal Court found the applicant guilty of criminal conspiracy in connection with a terrorist enterprise, on the basis of Articles 450-1 and 421-1 of the Criminal Code. It sentenced him to ten years’ imprisonment and ordered his permanent exclusion from French territory. The court cited as reasons for imposing the prison sentence the fact that “by providing funding and issuing propaganda on behalf of the GIA, |
Khanifa Gazdiyeva | 10. In the winter of 1999-2000 the applicant, her father Abdul-Vagap Tangiyev (born in 1926), her mother Khirzhan Ibragimovna Gadaborsheva (born in 1932), her uncle Ismail Ibragimovich Gadaborshev (born in 1924) and her sister |
Carlo Giuliani's | 66. The applicants' experts concluded that Carlo Giuliani had been about three metres away from the jeep when the shot was fired. While it was undeniable that the fatal bullet had been in fragments when it struck the victim, the possibility of its having collided with the stone which could be seen in the video should be ruled out. A stone would have distorted the bullet differently and left different marks on |
Metin Göktepe | 10. On 21 June 2000 the Istanbul State Security Court convicted the applicants as charged and sentenced them to heavy fines, of 474,481,000 Turkish liras (TRL) (approximately 804 euros (EUR) at the relevant time) and TRL 237,240,000 (approximately EUR 402) respectively. In accordance with Additional section 2 § 1 of Law no. 5680, the first-instance court also ordered the temporary closure of the newspaper for a period of seven days. According to the brief reasons given by the Istanbul State Security Court, the following sentences from the article were sufficient to conclude that O.T. and K.B. had been rendered targets for terrorist organisations:
“... it is not possible to reach the light from the darkness without eliminating the eliminators ... And above all, supposing that the protective ring around the former Director of İstanbul Security Directorate, O.T., who issued the collective detention order which ended with the death of Metin, and around Vice-Director K.B., who executed this order, would remain in place forever would represent nothing but a lack of faith in all these struggles. All those following the case of |
Ramzan Babushev | 43. On 8 June 2004 the military prosecutor's officer of the UGA informed the first applicant that the examination of her complaint had established that the Russian military servicemen had not been involved in the abduction of |
Yakup Aktaş's | 114. Ali Alay, one of the persons who had been taken into custody, had made a statement incriminating Yakup Aktaş. Yakup Aktaş was said to have given financial support to the PKK. The witness had referred the matter to the commander of the Mardin provincial gendarmerie who had instructed him to contact the Derik district gendarmerie after also informing the head of the intelligence unit. In coordination with the Derik district police force the Derik district gendarmerie had then arranged for |
Gulbuddin Hekmatyar | 11. Second, it was not accepted that he would be of any adverse interest to the Afghan authorities upon return given, inter alia, that he had not demonstrated any Hizb-i-Islami involvement; that he had remained in hospital for two months after the rocket attack without any problems; that he had returned from hospital to his home village where he had lived for six months without any problems from the authorities; and that, in any event, a number of ex Hizb-i-Islami members occupied high positions within the Afghan Government and the objective evidence demonstrated that even former commanders did not have any problems with the Afghan authorities if they made it clear that they were no longer working with |
Anna Politkovskaja | 12. On 16 September 2008 the Migration Board held a meeting which lasted approximately three and a half hours and included interviews with the applicants in the presence of an interpreter and their legal counsel. The first applicant stated, amongst other things, that before the war he had worked as correspondent for a small newspaper. After having met H in 1994 the first and second applicant had moved to the mountain village and joined the rebels. He met |
Ostrovskaya | 32. On 26 June 2012 Ms Ostrovskaya complained to court, relying on humanitarian grounds in her claim that she should be allowed to stay in Russia. By a judgment of 23 July 2012, upheld on appeal on 17 September 2012, the Samara District and Regional Courts held that the decision to refuse her a residence permit had been lawfully given by the Migration Service within its jurisdiction and in compliance with the Foreign Nationals Act and its internal regulations. The District Court declared that it would not take any humanitarian considerations into account because Ms |
S. S. Luluyev | 64. At the Court's request, the Government provided the following update on the investigation, covering the period from January 2004 to August 2005:
“On 12 January 2004 the [acting Deputy of the Chechnya Republican Prosecutor] by his decree quashed the decree to suspend the preliminary investigation in the criminal case no. 12073 of 20 January 2003 and the preliminary investigation was reopened. After reopening proceedings in the case [11 persons including the former military commandant of the Town of Grozny], were interviewed as witnesses. Moreover, a number of [actions were commissioned] to establish witnesses of the committed crime.
On 10 May 2005 the victim, |
Khamzat Tushayev’s | 50. Between 27 June and 15 July 2006 investigators of the district prosecutor’s office requested a number of State authorities, including prosecutor’s offices and departments of the interior of various districts of the Chechen Republic, to provide information on |
Seyran Ayvazyan | 43. The Court of Cassation first examined the question of whether any criminal proceedings had been instituted and any investigation carried out into the killing of Seyran Ayvazyan. Referring to Articles 27 § 1, 175 and 182 §§ 1 and 2 of the CCP, the Court of Cassation concluded that it was impossible to answer that question unequivocally. In particular, a number of factors suggested that criminal case no. 55200706 had been instituted on account of the acts committed by |
Khizir Tepsurkayev’s | 43. On 18 August 2004 the applicant complained to the Urus-Martan district prosecutor. In her letter she stated that her husband had asked the investigators in case no. 61008 to include the accounts of the three employees of the VOVD who had witnessed |
Maksut Şanlı | 40. The witness was a resident of the Işıkvuran village of Ovacık. According to him, on 2 October 1993 a group of PKK militants raided their village to pressurise the villagers into joining the organisation and providing food and supplies. That same day the militants abducted six young men in order to recruit them to the organisation. Two or three days later those young men fled from the PKK and eventually joined the Turkish army. To retaliate, the PKK militants in gendarme uniforms came back to Işıkvuran village on 6 October 1994 and burned down some of the houses. The witness added that similar incidents had taken place in most of the neighbouring villages in Ovacık.
c) Witness statement of |
Kingdom Special Representative | 13. The CPA administration was divided into regional areas. CPA South was placed under United Kingdom responsibility and control, with a United Kingdom Regional Coordinator. It covered the southernmost four of Iraq’s eighteen provinces, each having a governorate coordinator. United Kingdom troops were deployed in the same area. The United Kingdom was represented at CPA headquarters through the Office of the United Kingdom Special Representative. According to the Government, although the United |
Magomed Ye. | 72. According to the documents contained in the criminal investigation file, at some point in 2001 documents constituting the basis for examination and a part of the original expert report had been stolen or changed. A separate criminal investigation was carried out, during which several officers from the prosecutor's office and the Ministry of the Interior were questioned. The investigation collected the copies of the original documents from the Russian Federal Bureau of Forensic Studies. |
S.Z. Suleymanov | 58. The following nineteen prisoners who were serving their sentence in IK-13 along with the applicant also supported his application: Mr A.S.Tikhonov (in respect of IZ-63/1), Mr V.G. Pamurzin (in respect of IZ-63/1), Mr |
Timur Khambulatov | 51. On various dates in the summer of 2004 the investigators questioned a number of other representatives of law-enforcement agencies and the military, such as Mr A.K., Mr S.S., Mr S.G., Mr B.A., Mr G.V., Mr S.T., Mr A.G., Mr A.O., Mr I.P. and Mr I.K. All their statements were similar to each other and could be reduced to them neither having seen anyone beating |
Savaş Buldan | 23. When the bodies were brought to the Yığılca Health Centre in the early hours of 4 June 1994, post mortem examinations of the bodies were carried out by two doctors in the presence of the Yığılca public prosecutor. In the body examination report, it was noted that there was an ecchymosis measuring 1x1 cm and an abrasion on the surface of the knee cap of the second body that was later identified as that of |
Andandonskiy | 25. The Moskovskiy District Court of St Petersburg held:
“...in view of the nature of the defendant's actions – intentional beating of the victim's head against the pavement – and in view of the gravity of the injuries received by N., the court considers it necessary to classify the defendant |
Rizvan Aziyev | 20. The following days the applicants and their relatives complained about the abduction to a number of local law-enforcement agencies. None of them accepted the responsibility for arresting or detaining Mr |
Cemal Çakmak | 46. On 29 June 2005 the Ovacık prosecutor wrote to the Forensic Medicine Institute’s headquarters in Istanbul, stating that although autopsies had been carried out on the bodies of the seventeen at the Malatya Branch of the Forensic Institute, clothes belonging to some of the deceased had been returned to his office without examination, because there was no expert in Malatya able to carry out that task. The prosecutor also informed the Institute about the allegation made by the three applicants that their relatives might have been killed without a warning and added that the applicants had requested that their relatives’ clothes be forensically examined. With his letter the prosecutor sent the clothes removed from the bodies of |
Khodorkovskiy | 54. On an unspecified date the prosecution requested the Basmanniy District Court to extend the applicant’s detention again because the applicant needed more time to study the prosecution files. In support of his request the prosecutor mentioned in his submissions the “seizure from one of the defendants of the written notes containing the instruction of |
Mayrudin Khantiyev | 19. In his statement Mr Du. submitted that at about 6 a.m. on 4 December 2000 he had been woken up by the screaming of women and crying of children. He had got outside and had seen several servicemen who were wearing masks. Mr Du. had wanted to ask them what was going on but was afraid. Two servicemen had taken |
Laurent-Désiré Kabila | 69. In a letter of 16 April 2003 submitted to the Court in support of the applicant’s case Ms. K.K. stated that she had formed part of the DSP as first sergeant-major based at Camp Tshatshi in Kinshasa. She had been working in the reconnaissance unit of the Camp Commander (au service des renseignements pour la sécurité des militaires). She had been arrested on 20 March 2001, a few days after the then President |
Adam Khurayev | 26. On 30 June and 2 July 2003 the military prosecutor's office of military unit no. 20102 informed the applicant that the examination of her complaints had failed to establish any involvement of Russian servicemen in the abduction of |
P. Ivanidze | 65. On 4 October 2001 several cases were severed from case file no. 0100118 in order to be investigated under file no. 1001837 (an attack in the Ombudsperson’s office, an attack against the newspaper Rezonansi and others). Father Basil and Mr |
Abdülkadir Aygan | 20. On 6 April 2004 the Diyarbakır Security Department informed the Diyarbakır Public Prosecutor that Abdülkadir Aygan had been sentenced to 15 years’ imprisonment for being a member of a terrorist organisation in 1986. However, as he had benefited from the repentance law of 1985, he had been released from prison and his whereabouts were unknown. The Public Prosecutor continued searching for |
Ruslan Alikhadzhiyev's | 41. At different stages of the proceedings several orders were issued by the supervising prosecutors enumerating the steps to be taken by the investigators. On 23 October 2000 a prosecutor from the Chechnya Prosecutor's Office noted that “the investigation was unsatisfactory... In fact, the investigator did not carry out any procedural steps.” He ordered, among other things, that a plan of action be drawn up, that the applicant and |
P.V. Zaytsev | 34. On 19 May 2004 the Judiciary Qualification Board of Moscow examined the Moscow Judicial Council’s request. The applicant was absent from the proceedings, apparently without any valid excuse. The Judiciary Qualification Board of Moscow decided that the applicant had committed a disciplinary offence and that her office as a judge was to be terminated in accordance with the Law “On the Status of Judges in the Russian Federation”. The decision, in so far as relevant, read as follows:
“During her election campaign, in order to win fame and popularity with the voters, judge Kudeshkina deliberately disseminated deceptive, concocted and insulting perceptions of the judges and judicial system of the Russian Federation, degrading the authority of the judiciary and undermining the prestige of the judicial profession, in violation of the Law On the Status of Judges in the Russian Federation and the Code of Honour of a Judge in the Russian Federation.
Thus, in November 2003, when meeting with [members of her] constituency, judge Kudeshkina stated that the Prosecutor General’s Office exerts unprecedented pressure on judges during examination of a number of criminal cases by the Moscow City Court.
In the live broadcast of her interview with the radio station Ekho Moskvy on 1 December 2003, judge Kudeshkina stated that ‘years of working in the Moscow City Court have led me to doubt the existence of independent courts in Moscow’; ‘a judge, although defined by law as an embodiment of judicial power and independent in this capacity, in fact often finds himself in a position of an ordinary clerk, a subordinate of a court president’; ‘the courts of law are used as an instrument of commercial, political or personal manipulation’; ‘if all judges keep quiet this country may soon end up in a [state of] judicial lawlessness.’
In the interview with the newspaper Izvestiya of 4 December 2003, judge Kudeshkina stated: ‘looking around, one is just stunned by the lawlessness. The law applies quite strictly to ordinary people, but this is not the case when it comes to persons holding important posts. But they break the law too – although they are not subject to liability’; ‘the court administration tests each judge to see how flexible he is, so that when it comes to [the allocation of cases] they know who can be entrusted with a delicate case and whom to avoid’.
In another interview with judge Kudeshkina, published in Novaya Gazeta on 4 December 2003, she also stated that ‘in Siberia, by the way, the courts are much purer than in Moscow. There you cannot imagine such brutal manipulation and would not be talking about corruption to such an extent’; ‘I doubt that any provincial courts would harbour scandals as outrageous as those in the Moscow City Court, but this a question of degree, while the problems are more general’; ‘a judge, although defined by law as an embodiment of judicial power and independent in this capacity, in fact often finds himself in a position of an ordinary clerk, a subordinate of a court president. The mechanism of how a decision is imposed on a judge is not to contact [the judge] directly, instead a prosecutor or an interested person calls the court president, who then tries to talk the judge into a ‘right’ decision, first gently, by offering advice or a professional opinion, then pushing him or her more strongly to take the ‘correct’ decision, that is, one that is convenient to somebody’; ‘in reality a court still more often than not takes the position of the prosecution. The courts then become an instrument of commercial, political or personal manipulation. No one can rest assured that his case – whether civil or criminal or administrative – will be resolved in accordance with the law, and not just to please someone’.
In so doing judge Kudeshkina knowingly and intentionally disseminated in civil society false and untruthful fabrications about the arbitrariness allegedly prevailing in the judicial sphere; that, in dealing with specific cases, judges find themselves under constant and undisguised pressure exercised through the court presidents; that the court presidents pre-test to what extent one or other judge may be controlled in order to determine who could be entrusted with delivering a knowingly unjust judgment in a case; that no one can be sure that his case is examined by an impartial tribunal; that judges in fact betray the interests of justice by adopting the position of the prosecution in most cases; that a judge in this country is not independent and honest, but [is] a typical subordinate public servant; that in this country we have complete lawlessness, and judicial chaos.
The above-mentioned statements by judge Kudeshkina are clearly based on fantasies, on knowingly false and distorted facts.
However, dissemination by a judge of such information poses a great public danger because it signifies deliberate slandering of the authority of the judiciary and intentional undermining of the prestige of the judicial profession, and also promotes incorrect ideas about corrupted, dependent and biased judicial authorities in this country, which leads to the loss of public trust in the fairness and impartiality of examination of cases brought before the courts of law.
As a result, the false information imparted to civil society by judge Kudeshkina, a member of the judiciary of Russia, undermined public confidence that the judiciary in Russia are independent and impartial; consequently, many citizens were lead to believe, erroneously, that all judges in this country are unprincipled, biased and venal, that in exercising their functions they only pursue their own mercenary ends or other selfish goals and interests.
...
In support of her unsubstantiated and groundless attempts to defile the judicial system of our country, judge Kudeshkina referred [in her interviews] to the criminal case against |
Carlo Giuliani | 62. In order to reconstruct the events on the basis of the “intermediate object theory”, the experts then had some test shots fired and conducted video and computer simulations. They concluded that it was not possible to establish the bullet's trajectory as the latter had undoubtedly been altered as a result of the collision. On the basis of video footage showing a stone disintegrating in the air and of the shot that could be heard on the soundtrack, the experts concluded that the stone had shattered immediately after the shot had been fired. A computer simulation showed the bullet, fired upwards, hitting |
Musa Mintsaligov | 72. At about 3 a.m. on 10 October 2004 the applicants were at home when a large group of armed servicemen in camouflage uniforms arrived at their house in the village of Valerik, in two APCs and two Ural lorries without registration numbers. A group of about six servicemen broke into the house, forced Mr |
Ulrich Küchl | 9. On 6 August 2004 the applicant initiated proceedings under the Media Act (Mediengesetz) against Verlagsgruppe News GmbH, the publisher of Profil, in relation to the article published on 12 July 2004. Relying on sections 6 and 7 of the said Act, he requested compensation for defamation (üble Nachrede) and for the violation of his strictly personal sphere (höchstpersönlicher Lebensbereich) caused by the publication of the photograph and the impugned article, especially the following passages:
“‘Porn scandal. Photographic evidence of sexual antics between priests and their students has thrown the diocese of St Pölten into disarray.’; ‘A painful truth: Krenn’s principal engaged in sex with subordinates, also Krenn’s private secretary and legal adviser ...’; ‘Photos showing, among others, seminarians from St Pölten in kinky situations, in some cases with their superiors ... and because they were doing it with the boss and his deputy too, it was all quite normal and they felt perfectly safe ...’; and ‘In June of the previous year principal |
Asradiy Estamirov’s | 29. On 12 January 2001 the investigators forwarded a request to the Military Prosecutor’s Office of military unit no. 20102, asking them to take the following steps: to identify which convoy had passed through Argun on 5 January 2001 at about 5 p.m.; to question the head of the convoy and the senior drivers about the circumstances of |
Arbi Karimov’s | 69. On 7 June 2005 the second applicant complained to a number of State authorities, including the Minister of the Interior and the Prosecutor General. She complained that the investigators had failed to conduct an effective and thorough investigation into the abduction of her son. In her letters she described in detail the circumstances of |
Yevgeniy Geppa's | 36. On 3 June 2005 the Kirovskiy District Court declared the decision dispensing with criminal proceedings unlawful. It found that the investigation file was incomplete and the prosecutor's conclusions contradictory, in particular with reference to the failure to verify the origin of the head injury and the brain tumour, as well as |
A.V. Gerasimov | 18. On 18 September 1996 Mr Zhigalev, head of Luch Farm, decided that Mr A.N. Kazyulkin and Mr S.V. Kapustin were to be dismissed from Luch Farm. On 3 October 1996 the same decision was taken in respect of Mr |
Shamil Akhmadov's | 43. On 5 May 2003 the SRJI, acting on the applicants' behalf, wrote to the Argun Prosecutor's Office, asking him for news about the investigation in criminal case no. 45031. They inquired if the investigation, which had been suspended in March 2002, had been reopened after the discovery of Mr Akhmadov's body. They also made requests for the second applicant and the person who had discovered the body to be questioned, for a forensic analysis to be ordered and for the clothes in which the body had been found to be collected from the second applicant for examination. They further inquired if any documents had been obtained relating to the operation in Argun on 11-14 March 2001, if the commanding officers and the servicemen who had conducted the passport checks had been identified and questioned, if the officers responsible for the supervision of the detainees had been questioned and if other detainees had been interviewed. Finally, they inquired what investigative measures had been carried out at the spot where |
Ismail Dzhamayev | 70. On 13 March 2002 the Prosecutor’s Office of the Grozny District (прокуратура Грозненского района) instituted a criminal investigation under Article 105 § 2 (a) of the Russian Criminal Code (murder of two or more persons) into the disappearance of 13 residents of Stariye Atagi, including the applicants’ relatives and Mr |
Khadzhi-Murat Yandiyev | 45. The investigation established that the applicant’s son had been detained on 2 February 2000 in Alkhan-Kala, together with other members of illegal armed groups. Immediately after arrest he was handed over to servicemen from the GUIN for transportation to the pre-trial detention centre in Chernokozovo, Chechnya. |
Meri Mileva | 14. The Milevi sisters produced a certificate in which their general practitioner attested that from the middle of 2002 both of them started complaining of constant headaches, insomnia, irritability and anxiety, had high blood pressure, and had lost weight. In 2003 Ms |
Mile Stojčevski | 7. On 13 September 1996 the first applicant brought a civil action requesting the Skopje Court of First Instance (“the first-instance court”) to order the company to register the sales contracts in its book of shareholders and to provide them with a certificate of title. On 22 November 1996 the second applicant and Mr |
Minister of Management of | 25. On 27 March 2003 the Government, with reference to its decree no. 1682-A of 24 October 2002, adopted decree no. 329-A, on the basis of which Hrazdanmash was allowed to sell its property. The property in question included the inventory contained in the company's numerous buildings, while the identified buyers included various private companies. The property was valued at a total of AMD 556,271,000 and was to be sold at roughly 30% of its price. The proceeds of the sale were to be directed by the company towards paying off its debts in respect of the State budget. The buyer companies in return undertook an obligation to the State to make investments of various amounts, including creation of jobs. The |
Zalina Sultanova | 98. The applicants are:
(1) Ms Maret Sultanova, who was born in 1958,
(2) Ms Madina Sultanova, who was born in 1993,
(3) Mr Khusain Sultanov, who was born in 1984,
(4) Ms Razet Sultanova, who was born in 1988,
(5) Ms |
Anastasios Isaak | 10. Notwithstanding this, on 11 August 1996 a group of motorcyclists and other civilians proceeded to various points along the United Nations (UN) buffer zone. Violent clashes took place between the demonstrators, the counter-demonstrators and the “TRNC” forces. One of the Greek-Cypriot demonstrators, |
Oksana Belenko’s | 31. On 20 May 2004 the Presidium of the Novosibirsk Regional Court, by way of supervisory review, quashed the Zheleznodorozhniy District Court’s decision of 20 August 2003 (see paragraph 12 above). The Presidium held that |
the Minister of Justice | 37. On 26 June 2013 and 4 March 2014 the applicants, together with other injured parties, sought leave from the Minister of Justice to lodge an extraordinary appeal on points of law. Such leave was refused by |
Almir Rrapo | 40. On 10 January 2011 the Albanian Permanent Representation to the Council of Europe forwarded to the Court a letter of the Albanian Minister of Justice dated 27 December 2010. In his letter, the Minister assured the Court that it was not the Government’s intention to breach a Rule 39 order. The complex and exceptional circumstances of the applicant’s case had prompted the Government to take a decision, which, in their view, offered a fair solution to the case. The Minister further stated that (extracted from the original in English):
“... I would like to clarify that if the European Court order [were to] be fully implemented, then ... |
Mokhmad Mudayev | 18. On 3 July 2003 the first applicant's elder son Akhmad Mudayev was killed in a skirmish. After that Mr Mayrbek Kh. told the first applicant that at some point Russian military forces had taken Aslan and |
Abdul-Malik Shakhmurzayev | 14. On 9 February 2001 the first applicant went to the military commander’s office in the nearby village of Gikalo. There she spoke to an officer who refused to reveal his name. He confirmed that Abdul-Malik Shakhmurzayev had been arrested on 8 February 2001 by military servicemen, but stated that no charges had been brought against him. The two men to whom |
Aşur Seçkin | 29. On the same day, Mr Kanat also submitted a document signed by members of the Ortaklar Community Council and four witnesses, in which the latter declared that Zübeyda Uysal, Hazima Çelik and Şekirnaz İnan had been the partners of |
Mehmet Safi Arancak | 87. The witness was not in the village at the time of the incident but was told that clashes broke out between people not from the village, presumably terrorists, and village guards from Boyunlu and Ormandışı. Those people fled through the village. Two people were killed during the clashes. He had not heard or seen that the applicant’s house or garden were burned. He had known |
Abdülhakim Güven's | 468. Mr Beştaş was recorded as stating that he had become a PKK sympathiser at school due to the second-class status of Kurds and the PKK goal of Kurdish freedom and independence. He cited several applicants who, together with him, defended PKK members on the instructions of the organisation. If one did not support the PKK, one had no State Security Court work. He acted as a PKK courier to and from prisons and gave several specific examples. Militiamen visited him at home to receive information about the cases of detained members. At |
Rana Refahi | 28. SIAC then reviewed the evidence it had heard from various sources including a senior United Kingdom diplomat, Mr Mark Oakden, who gave evidence on the negotiation of the MOU, the monitoring agreement with the Adaleh Centre and on the risk faced by the applicant in Jordan. On behalf of the applicant, it heard evidence on the Jordanian regime from three academics. It also received evidence from an Arabic speaking barrister, Ms |
the Minister for Human Rights | 45. On 26 and 27 July 1995 the applicant sent letters to the Minister for Human Rights and the Minister of Justice, seeking information about his brother's whereabouts and condition. On 24 August 1995 |
Vehbi Demir | 14. At about 6 a.m. on 13 June 1995 Kadri Ateş, together with his colleague Burhan Afşin, left Diyarbakır to go to the town of Kulp to sell foodstuffs. They used a small lorry owned by Zahit Trade. They were accompanied by Kadri's father-in-law |
Ali Ergülmez | 178. From time to time operations were carried out in the region by units from outside the area, but the gendarmes did not know the identity of the units. When operations were to be carried out in an area under his station's jurisdiction, Diyarbakır Provincial Gendarme Headquarters would give the co-ordinates to Kulp District Gendarme Commander ( |
Petros Kyriakou Kakoulli | 19. Divisional Commander R.H. Weeks of the SBA police, together with Sergeant Engin Mustafa, entered northern Cyprus and spoke with a Turkish officer who told him that Turkish soldiers had shot and killed |
Abdullah Öcalan | 21. On 21 October 2009 the Istanbul Assize Court convicted the applicant under section 7(2) of Law no. 3713 for disseminating propaganda in favour of the PKK on account of the publication of 33 Days in the Deluge and sentenced him to ten months’ imprisonment. In its judgment, the assize court reiterated that on pages 129, 130 and 135 the PKK and its leader, |
Rizvan Tatariyev | 192. On 26 February 2003 the investigators questioned the sixteenth applicant. She confirmed her mother’s statements about a group of some eight to ten armed men in dark blue camouflage uniforms and masks, with electric lights attached to their foreheads, saying that the men had entered their house on the night of 22 December 2001, checked their documents and led away her brother |
Alikhadzhiyevs | 47. On 7 November 2005 the investigators interviewed M.E. as a witness. He submitted that on 20 April 2005 he had been going in a minibus to Shali. At the checkpoint in Mesker-Yurt he had noticed a man who was standing near a Volga with licence plate no. A 577 BB 95. The man had been approached by three persons in camouflage uniforms. They had twisted his arms and had led him to a light-coloured armoured Gazel, parked nearby and put him inside it. M.E. had not seen what had occurred afterwards because the driver of the minibus had told him that he could not stop at the checkpoint. However, M.E. had written down the licence plate number of the Volga in order to tell the man’s relatives of his arrest, should he find them. Once he had arrived in Shali, M.E. had approached taxi drivers and asked them if they knew who the owner of the vehicle was. They had promised him to ask further and had taken his telephone number and his home address. On the same evening the |
Ramzan Yusupov | 9. The applicants' neighbour Ms D.M. was at home and heard the sound of a flying projectile coming from the Michurina settlement. Then she heard an explosion, saw clouds of black smoke coming from the road next to the cemetery and rushed to the place. A number of the applicants' relatives and neighbours also rushed to the place, where they found fragments of the bodies of Ali Udayev and |
Toğay Gültekin’s | 21. The applicants lodged a request for rectification of the Military Administrative Court’s decision and argued, inter alia, that if, as alleged, Toğay Gültekin had told his commanding officer on 16 February 2004 that he might have been infected with hepatitis (see paragraphs 9-11 above), his superior should have taken it seriously and referred him to hospital. However, there were no records showing that any action had been taken. They also pointed out that their complaints did not relate to the period following |
Maciej Ziembiński | 16. With regard to the applicant’s criminal responsibility, the trial court noted that a journalist had the right to criticise the actions of public officials, but was not entitled to use media in a manipulative way to wage private wars. The latter behaviour was not only unethical and unprofessional, but also incompatible with the role of the media, which was to serve the State and society. The trial court further held:
“The fair criticism and objective coverage, free from personal emotions, which is desired in journalism, gave way to the private interest of the defendant, pursued through expressions which, in common understanding, remain offensive and disrespectful. It is difficult not to agree with the position that the word “numbskull” (“palant”) in the analysed context, although its literal meaning is legally irrelevant, fulfils all the criteria of insult within the meaning of Article 216 of the Criminal Code. Of an equally offensive character are the terms “poser”, “dim-witted official” and “dull boss”. It would be hard to find a person who would not feel offended by similar epithets, especially if formulated in the press.
Incidentally, it should also be noted that the word “dung” used in the title of the article has a cruder equivalent, and undoubtedly that equivalent was meant to describe K.H.’s contribution to the development of local entrepreneurship, which was accepted without reservation by his “dull bosses”. “Dull” meaning not sharp, unintelligent, intellectually retarded.
However, the court found no grounds to hold that the impugned words had the effect of lowering the private prosecutors in public esteem, or undermining the public confidence necessary for the discharge of their duties as local government officials. Accordingly, it would not be justified to classify the applicant’s acts as coming under Article 212 § 2 of the Criminal Code. The quoted statements were rather harmful to the private prosecutors’ perception of their dignity, and such, in the court’s view, was the defendant’s intention. By using insulting words in respect of the district officials, |
Petru (Dîgală) Lăcătuş | 13. On an unspecified date the applicants submitted documents that attest that on 23 February 1994 M.F.Z. asked the Cheţani Mayor’s Office to provide her and twelve other people, including the first two applicants, with accommodation and protection. The documents further attest that on 6 June 1995 the first applicant and M.F.Z., another victim of the events of September 1993, opened a private business registered at no. 5 Bradului Street, Luduş. They also submitted four birth certificates attesting that the four children the first applicant had with Mr |
Tansu Çiller | 71. In January 1998, the Prime Minister received the report he had commissioned on the Susurluk affair (see §§ 92-93 and §§ 100-102 below), according to which Behçet Cantürk had been killed on the instructions of an unspecified Turkish security organisation (“Türk Emniyet Teşkilatı”) on the basis of a decision to eliminate about 100 businessmen suspected of involvement in financing the PKK, and whose names were set out in a non‑disclosed list referred to in a public statement made on 4 November 1993 in İstanbul by the former Prime Minister, Ms |
Melnychenko | 142. Mr Melnychenko refused to provide the GPO with his tapes and recording equipment, but agreed to provide written answers to the GPO's questions, which he had not done by the time the Government submitted their observations to the Court. The applicant stated that the reason for Mr |
Khamzat Tushayev | 17. On the same day, two hours later, worried about her husband’s absence, the first applicant asked the on-duty officer to call the Leninskiy district prosecutor’s office. After a telephone conversation the officer told her that |
Pieternella Johanna Lorsé | 9. The first applicant is Mr Jacobus Lorsé, who was born in 1945. The second applicant, Mrs Everdina Lorsé-Quint (born in 1961), is the wife of the first applicant. The third, fourth and fifth applicants, |
Orhan Kilercioğlu | 6. During the proceedings the court evaluated the following passages:
“In an interview I gave in Antalya I commented on the “1 May 1977” massacre and the possibility of a coup d’état during that period. It seems that a magazine carried out research following these assertions and reached some interesting conclusions.
According to the magazine, the Minister of State, |
Jan Novotný | 12. In the course of the pre-trial proceedings the applicant denied his guilt, stressing that he was a heroin addict and that the drugs found in his possession were for his own use only. “Jana Charvátová” and another witness, using the fictitious name of “ |
St John Stevens | 28. At some later date, the applicant appointed a new lawyer and, on 22 October 2001, he swore an affidavit regarding the conduct of Mr St John Stevens and Mr McGrath, his lawyers at trial. In his affidavit, he argued that:
“11. When the voir dire started concerning my statement, I was expecting Mr |
Mehmet Nuri Özkan | 34. As regards the other 17 Ormaniçi villagers, on 30 April 1993 the public prosecutor at the Diyarbakır State Security Court issued an indictment committing them to appear before the State Security Court on charges of armed activities on behalf of the PKK, membership of the PKK and/or aiding and abetting the PKK. Although most of these villagers were released at some point in time, the villagers |
Aslan Maskhadov | 89. On 26 August 2002 the investigation questioned a former driver of Aslan Maskhadov, Aslan Bitiyev, who, in the presence of his lawyer, gave a statement to the effect that in August 2000 Aslan Maskhadov had appointed him as commander in charge of the Nadterechnyy District of Chechnya and had given him a direct order to organise attacks against Russian servicemen with a view to destabilising the situation and intimidating the population. A. Bitiyev also described the organisational structure of his military units and the method of financing their operations and acquiring weapons and ammunition. According to him, money was provided by |
Vakha Saydaliyev | 61. Mr Kh. stated that on 17 April 2002 he had been abducted by unknown persons and taken to a building on the outskirts of the village of Avtury. There he had been asked whether there had been any insurgents in the village of Serzhen-Yurt. A day later he had been released. He had not seen |
Maria Yianni | 10. In support of his claim of ownership, the applicant submitted copies of the original title deeds. It appears from these documents that the applicant owned five twelfths of the property described above under paragraph 9 (a) and half of the property described above under paragraph 9 (b). However, in his observations of September 1999, the applicant’s lawyer alleged that his client had had full ownership of the whole of the two plots. He submitted that from 1921 onwards only the applicant, his wife and his two children had been living in the house built on plot no. 20. This house had been the marital home from the time of his wedding and the applicant had had the absolute and unrestricted use and occupation of it. Moreover, from August 1928 the applicant had been cultivating and taking care of the whole of plot no. 442. He had been a farmer who earned his income from the production of the olive trees. In support of these statements, the applicant’s lawyer produced a certificate issued by the Trypimeni village committee on 25 September 1999. The reason why the applicant had not been registered as the owner of the whole share of the two plots was that the applicant’s mother, Mrs |
İhsan Haran | 31. On 20 February 1995 Abdullah Haran was taken into custody. The extract of the relevant part of his statement is as follows:
“Abdullah Haran (forged identity papers in the name of Mehmet Sedat Gökmen): We are nine siblings, my father works as a guardian in construction sites, my mother is a cleaner, my siblings are as follows; |
the Youth Advocate | 20. Thereupon, on 11 February 2010, the Innsbruck Court of Appeal (Oberlandesgericht Innsbruck) granted the appeal, set aside the judgment of the lower court, and dismissed the applicant’s action. In contrast to the Regional Court it found that the average reader would understand from the article at issue that in 1993 an expert opinion was rendered in respect of the applicant that showed the above-mentioned psychological impairments. However, the article also stated that the applicant’s integrity had not been questioned for over a decade. The article, while focusing on the applicant’s work in custody proceedings, gave space to comments from |
Khanpasha Dzhabrailov | 34. The Government also submitted that the investigating authorities sent enquiries to law-enforcement bodies in the Chechen Republic and further in the Northern Caucasus. According to the replies received by the investigators, no criminal proceedings had ever been brought against Mr |
Brigadier Jones | 46. The following morning, the Company Commander produced a report concerning the incident, together with statements from the soldiers involved. After he had considered the report and statements, Colonel G. came to the conclusion that the incident fell within the rules of engagement and did not require any further Special Investigation Branch investigation. He duly produced a report to that effect, which he then forwarded to the Brigade. The report was considered by Brigadier Jones, who also discussed the matter with his Deputy Chief of Staff, his legal adviser and Colonel G. As a result, |
Ayubkhan Magomadov | 13. On 6 November 2000 the Chechnya Department of the FSB informed the applicants' mother that the officers of the Kurchaloy District department of the FSB had not participated in the operation of 2 October 2000. At the same time the letter stated that on 2 October 2000 the head of the district department of the FSB, following a request from the Oktyabrskiy VOVD, had met with an “operative group” at the checkpoint between the villages of Oktyabrskoye and Novaya Zhizn. The letter further explained that |
Milenković Momčilo | 10. In a judgment of 13 April 2011 the Leskovac Municipal Court found the applicant guilty as charged and sentenced him to three months’ imprisonment. R.C. was found guilty and fined for insulting the applicant’s family and causing minor bodily injuries to the applicant’s mother. The court ordered the applicant to pay RSD 14,739 in court costs, while each party was to cover its own costs and expenses.
The relevant part of the decision reads:
“Defendant |
Murad Gelayev | 51. On 11 August 2005 the investigators questioned Mr Sh.Ts., who stated that on the morning of 27 February 2000 a group of armed men in camouflage uniforms had broken into his house. The intruders had taken him and his brother Mr V. Ts. and had put them in a vehicle with |
Bogusław Zajączkowski | 19. On 29 September 2005 the Regional Court gave judgment and dismissed the second applicant’s claim. It found that he had failed to establish the State Treasury’s liability for damage caused by the excessive length of the proceedings. The second applicant (Mr |
Isa Aygumov’s | 42. On 31 January 2002 the investigators questioned the applicants’ relative Mr A.A., who stated that at about 3.30 p.m. on 9 January 2002 a group of masked men in camouflage and the grey uniforms usually worn by the police had arrived at |
[Timur Beksultanov] | 50. On an unspecified date in January 2005 the investigators interviewed the applicant. Her interview record, in so far as relevant, reads as follows:
“... [Timur Beksultanov] had worked as a coach at the local school before 2003. In 2003 I learnt that he had a pistol. He explained to me that he needed it for self-defence ... Some time later our close relative M.B. attempted to kill his sister A.B., who was allegedly leading an immoral life ... Subsequently we heard rumours that my son had given the pistol to M.B.
Several days later police officers stopped a car with my son and two other persons inside to arrest them. My son managed to escape but they had seized his passport and pistol. One of the persons in the car had opened fire on the policemen and was shot dead. After that the authorities had started persecuting our family. On several occasions persons in camouflage uniforms and masks burst into our house, looking for |
Gotse Delchev’s | 45. On 12 September 2005 the Blagoevgrad police, relying on section 62 of the 1997 Ministry of Internal Affairs Act (see paragraph 108 below), ordered the head of Ilinden’s Blagoevgrad chapter and another of the organisation’s leaders not to organise or take part in rallies involving the laying of wreaths and flowers in front of |
Michael Sanders | 32. Numerous eyewitnesses (Nectarios Zalistis, Tasos Anastasiou, Floros Constanti and Kyriakis Pomilorides) declared that they had seen Mr Akin shooting at Mr Solomou from the balcony of the observation post. Other witnesses (Lance Bombardier |
S.-R.Musayev | 42. On 17 November 2003 the district prosecutor’s office informed the first and second applicants that criminal case no. 19012 concerning their sons’ abduction had been pending with that office since 19 February 2001. On 25 May 2003 the Chechnya Prosecutor’s Office had opened criminal investigation no. 42110 under Article 105 (2) of the Criminal Code (murder with aggravating circumstances) into the murder of Mr. O. Mitayev, Mr |
Khamzat Alimkhanov | 70. At the material time the first, eighth, ninth and tenth applicants lived in Komsomolskaya (also spelt Komsomolskoye) village in the Grozny district of Chechnya. It appears that the other applicants, as well as |
Fatima Demirel | 530. Ms Ölmez denied the contents of the preliminary statement which she was ashamed to say had been extracted from her under torture, including being stripped naked, sexually harassed and beaten while being doused with cold water. She also refuted the statements of Mr Güven and |
Abu Khasuyev’s | 15. The applicant’s sister lost consciousness at the sight of the men. The men pointed their machine guns at the applicant’s daughter-in-law and her three-month-old daughter. The applicant’s daughter-in-law heard the intruders enter |
Ilias Sagayev | 22. On 30 April 2003 the Urus-Martan District Prosecutor’s Office informed the SRJI that criminal case no. 61121 had been suspended since, although all investigative measures had been taken, the perpetrators of the crime had not been identified and Mr |
İhsan Haran | 33. The General Directorate of Security of the Ministry of Internal Affairs informed the Ministry of Foreign Affairs that an investigation had been conducted into the applicant’s allegations before the European Commission of Human Rights. They found no record that |
Roman Gamratsey | 5. The applicant, the Ukrainian Greek-Catholic Church of the village of Sosulivka in the Chortkiv Region (Tserkva Sela Sosulivka), is a religious group belonging to the patriarchate of the Ukrainian Greek-Catholic Church («Українська греко-католицька церква села Сосулівка Чортківського району Тернопільської області»). The head of the applicant association is its priest, Father |
Cristofides | 14. By a judgment delivered on 12 June 1991, the Supreme Court rejected the applicant's application and confirmed the Public Service Commission's decision. In particular, the Supreme Court held:
“It has been established by case-law that the Supreme Court does not have the authority to intervene on the subject of the sanction imposed unless it is evident that the disciplinary body has exceeded the limits of its discretionary power.
The Supreme Court's powers in such issues bear no resemblance to its powers while exercising its jurisdiction over the appeal of the district courts' judgments, on which it has the authority to intervene when the decision on the sentence is either incorrect from the outset, evidently excessive or insufficient.
The assessment of the severity of such a disciplinary sanction is outside the limits of this Court's authority (see, among others, |
Vasilijs Zaicevs | 9. The same day, Judge M.J. sent an explanatory note to Judge K.S., acting president of the court. The note read as follows:
“On 20 July 2000, at around 11.30 a.m., I was working in my office ..., preparing a judgment in another case. The door of the office opened suddenly and |
V. Asadchev | 20. According to the Government, the transcript of the parliamentary session at which the new Code was passed shows that the moratorium was introduced in view of the need for additional time to form a land market with “adequate” prices and enact legislation necessary for the creation of such a market. In particular, according to the transcript, at the opening of the debate Member of Parliament |
Murad Gelayev | 18. According to the applicants, as a result of the special operation fourteen residents of Gikalo were detained, and at some point all of them, except for Murad Gelayev and Mr Sul. S., returned home.
(b) Ill-treatment of |
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