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the Minister of Industry | 10. The applicant adduced a copy of a Ministry of Agriculture press release dated 6 May 1986, which reads as follows:
“French soil is far enough away to have been completely spared by the radioactive fallout from the accident at the Chernobyl power station. At no time has the recorded increase in radioactivity levels been a threat to public health.
The Ministry of Agriculture has readings taken by the Central Service for Protection against Ionising Radiation (SCPRI), which answers to the Ministry of Social Affairs and Employment. According to the SCPRI the maximum airborne radioactivity levels have always remained entirely negligible.
France has asked the European Economic Community to put in place a uniform monitoring procedure, without delay, which all countries could apply in respect of non-member countries, based on the recommendations of the International Commission on Radiological Protection. Such measures should on no account hinder intracommunity exchanges. Furthermore, we have asked all the member States to inform their partners of any measurements taken and their results.
Special precautionary measures have been put in place in certain member States in respect of French products. This is quite unnecessary. The Ministry of Agriculture will make every effort to see to it that the free movement of all French products towards these countries is restored as soon as possible.”
The applicant also adduced an extract of the transcript of the statement made by |
Khizir Tepsurkayev | 29. On 24 July 2002 the Chechnya prosecutor’s office informed the applicant that the district prosecutor’s office was to examine the lawfulness of the decisions taken by the investigative authorities in a number of criminal cases, including the case opened in connection with the disappearance of |
J. Rybczyński | 4. The applicants, Ms D. Rybczyński and Mr T. Rybczyński, brother and sister, are Polish nationals, who were born in 1969 and 1971 respectively and live in Przemyśl. They are represented before the Court by Mr |
Boris Burdynyuk | 57. The documents pertaining to the case were forwarded to the military prosecutor of military unit no. 20102, who on 7 February 2000 issued a decision not to start criminal investigation because no crime has been committed. There were no grounds to conclude that military pilots could have been involved in the death of |
Kilercioğlu | 16. On 8 October 1997 the Ankara First Instance Court in Civil Matters awarded Mr Kilercioğlu compensation in the amount of TRL 60,000,000 for non-pecuniary damage, together with interest rate of 30% per annum running from 4 December 1992. Upon Mr |
Governor of Ankara | 7. Although the present case primarily relates to the anti-riot operation of 26 September 1999, that operation in fact constituted the climax of a series of long-standing conflicts between the Ulucanlar prison staff and some of the 170 male and female prisoners convicted of belonging to illegal extreme left-wing organisations (“the leftist prisoners”).
It transpires from old classified documents exchanged among the office of the prosecutor attached to Ulucanlar Prison (“the prosecutor’s office”), the |
Dzhamali Sultanov | 100. Mr Dzhamali Sultanov suffered from a disability. In September 2004 he had an argument with Mr R.S., a local police officer. According to the applicants, Mr R.S., in order to get back at Dzhamali, might have deliberately misinformed the Achkhoy‑Martan ROVD that Mr |
Marian Predică | 11. The preliminary necropsy report issued on 14 October 2003 by the Institute of Forensic Medicine “Mina Minovici” contained the following conclusions:
“The death of Marian Predică was violent. It was caused by an intraventricular haemorrhage and a haemorrhage of the cerebral meninges, consequences of a trauma – cranial-cerebral and facial, with fracture of the nasal bones, facial ecchymosis and left occipital excoriation.
The necropsy revealed excoriation and echhymosis in the left thoracic and pelvic areas.
The traumatic lesions could have been produced by a blow with a solid object to the facial area, followed by falling and hitting a hard surface, with impact to the occiput and the left hemicorp.
The traumatic lesions could have been inflicted between one to three days prior to the day of hospitalisation.
There is a direct causal link between the cerebral traumatic lesions and the death of |
Anna-Karina | 13. On the same day the Youth Office applied to the Münster District Court for an interim injunction (einstweilige Anordnung) withdrawing the applicants' parental rights over the seven children, namely their four children, |
Ramazan Ayçiçek | 117. The Adjudicator concluded that it was unnecessary to prosecute and make a decision. In the first place, the Orhans' names did not appear in the custody records of Zeyrek gendarme station or of Kulp or Lice District Gendarme Commands. Secondly, there were contradictions between the applicant's statement of 2 May 1995 and that of 23 June 1999 regarding whether he had personally seen his brothers being taken away. Thirdly, the muhtar was not a direct witness; he had been told by the villagers that the Orhans had been taken away. Fourthly, the applicant had said in his statement of 2 May 1995 that |
Sulanbek U. | 43. In October 2005 four persons produced written accounts of the events of 23 January 2000. They were Sulanbek U., the applicant’s brother, and three female neighbours, Roza D., Leyla M. and Tumisha N. They confirmed that on 10 January 2000 the applicant’s house had been hit by a rocket and destroyed. The residents of their part of Grozny had been hiding in cellars from heavy shelling. They testified that on 22 January 2000 they had been informed, by means of a helicopter using loudspeakers and flyers, that they could leave the city by road in the direction of Staraya Sunzha. On 23 January 2000 at about 9 a.m. several dozen persons took white cloths to demonstrate that they were civilians and walked towards Staraya Sunzha. The witnesses stated that the group had been on foot and many people had been carrying their belongings on sledges and in their hands. At some point there was a loud explosion and then the witnesses saw helicopters in the air. They took refuge in a nearby basement, where |
Árpád-striped | 6. On 9 May 2007 the Hungarian Socialist Party (MSZP) held a demonstration in Budapest to protest against racism and hatred (hereinafter: MSZP demonstration). Simultaneously, members of Jobbik, a legally registered right-wing political party assembled in an adjacent area to express their disagreement.
The applicant, silently holding a so-called |
Magomed Soltymuradov’s | 31. At about 7 a.m. on 11 January 2002 the ninth applicant, Madina Soltymuradova, the daughter of Magomed Soltymuradov, alerted the tenth and eleventh applicants to her father’s absence. The relatives had together inspected the fresh snow in the courtyard, where they could clearly see traces of military boots with the marking “USSR”. There were also imprints of sports shoes. The applicants estimated that there must have been about twenty people in the courtyard. The footprints led to houses nos. 5 and 7, and inside the houses. In both buildings the front doors had been broken down. |
Usman Magomadov | 65. In the meantime, on 19 May 2004, the fourth applicant requested the Chechen Governmental Committee for the Protection of the Constitutional Rights of Russian Citizens Living in the Chechen Republic (Комитет Правительства Чеченской Республике по обеспечению конституционных прав граждан Российской Федерации проживающих на территории Чеченской Республики) to assist in the search for Mr |
A. Estamirov | 38. On 14 October 2004 the deputy Argun prosecutor overruled the decision of 6 March 2001 to suspend the investigation as unlawful and resumed the proceedings. The prosecutor pointed out that the investigators had failed to take a number of necessary steps. The decision stated, inter alia, the following:
“.... It is necessary to order and conduct additional ballistic expert examinations... to check whether |
T. Lubaczewski's | 10. The applicant was tried by the Olsztyn District Court between 29 May and 7 November 2000. On 7 November 2000 he was convicted of defamation under Article 212 § 1 of the Criminal Code. The criminal proceedings against him were then conditionally discontinued and he was ordered to pay 1,000 zlotys to a charity. Furthermore, the applicant was ordered to reimburse the prosecutor 300 zlotys for the costs of the proceedings. The trial court gave, in particular, the following reasons for its decision:
“(...) the accused did not show in a convincing manner that the allegations made by him were true.
Making a reference to 'a mayor-burglar' in the title of the article published on 23.09.1998 could be ambiguous and susceptible to various interpretations only because there was a question mark at the end of the title [sic].
In the court's view that [question] mark refers to the whole title and not only, as claimed by the accused, the words 'the end of career' because coming to such a conclusion would be unjustified [sic].
However, the court is of the view that although in the light of the court proceedings before the Ostróda court the description of |
Carlo Giuliani's | 49. The experts requested the public prosecutor's office to give them sixty days to prepare their report. The request was granted. On 23 July 2001 the public prosecutor's office authorised the cremation of |
the Prosecutor General | 39. On 5 July 2004 the first applicant’s counsel complained to the Cēsis District Prosecutor’s Office and to the Prosecutor General that the investigation by officer D.B., as supervised by prosecutor A.S., had been biased. He mentioned that they had repeatedly made requests for a forensic examination to be carried out to establish whether the first applicant had any bodily injuries, and that it had not been carried out until that date. In his complaint to |
Radosav Lukić | 32. Following the prosecutor’s proposal of 13 June 1998, the investigating judge heard evidence from a number of witnesses to and surviving victims of the accident (eighteen out of the nineteen were from Belgrade) on ten occasions between 10 November 1998 and 15 October 1999[2]. They were asked who had allowed V.B. to bring the premix to Grmeč, and whether they had known what it contained and what safety measures had been taken. On 27 July 1999 and 18 February 2000 respectively the investigating judge also interviewed Mr |
Koroleva Yu.V. | 7. On 25 November 2006 Leninskiy District Court (Ufa) examined the investigator’s request to remand the applicant in custody. The court held as follows:
“Ms Koroleva Yu.V. is charged with serious offences, which are punishable by a term of imprisonment of more than two years.
Moreover, Ms |
Hacı Mehrap Er | 7. On 14 July 1995 an armed clash took place between members of the PKK[1] and members of the security forces in Kurudere village, which comes within the administrative jurisdiction of the town of Çukurca in south-east Turkey. After the operation the soldiers took the applicants’ relative Ahmet Er and an elderly relative by the name of |
Philippe Hervier | 24. The Court of Appeal also emphasised the existence of several items of factual evidence pointing to the applicant’s involvement as the supervisor of a structure set up to fund the GIA’s activities. These included the fact that the applicant had sent funds from England on 16 October 1995 under the false name of |
Vakhid Musikhanov's | 41. In the period between 12 and 24 August 2005 the investigator in charge also requested district and town prosecutors in Chechnya to submit information concerning unidentified corpses so as to establish whether |
Luiza Mutayeva | 35. On 28 April 2004 the district prosecutor's office requested prosecutor's offices of various levels, departments of the interior in the Chechen Republic and the Criminal Police of the Temporary Operational Group of Authorities and Departments of the Ministry of the Interior of the Russian Federation in the Caucasus Region (“Служба Криминальной милиции МВД Временной оперативной группировки органов и подразделений МВД в Северо-Кавказском регионе”, “the CP”) to provide information on whether |
Elbek Tashukhadzhiyev | 32. On 30 April 2004 the military prosecutor’s office of military unit no. 44662 informed the applicant, amongst other things, of the following:
“... it has been impossible to verify the arguments provided in [the applicant’s] complaint about the murder of |
Abdülhakim Güven | 453. Mr Kaya was recorded as stating that he had met members of the PKK for the first time in 1990. A young man came to his office saying that he was a PKK member and the “ERNK” leader in Diyarbakır. Mr Kaya was asked to help by acting as a PKK defence lawyer for a small fee. Mr Kaya was anyway charging low fees at that time. A week later he took a sealed envelope from this person to a client of his who was detained on remand at the Diyarbakır E-type prison. He acted as a courier between members, such as |
Bayram Duran | 15. On 13 March 1996 a report was drafted and signed by six forensic medicine experts, including the director of the Forensic Medicine Institute. Having examined the autopsy report, the experts noted that |
A.R. “Vanagas” | 42. The Court of Appeal also underlined that both A.R. “Vanagas” and B.M. “Vanda” had been active participants in the resistance to the Soviet occupation. In fact, A.R. “Vanagas” had been one of its leaders (the court referred to his service history, see paragraphs 8–15 above, and Lithuanian legislation as to the status of volunteer soldiers). Accordingly, the repressive structures’ actions against them could be considered as targeted against a “significant part of a national-ethnic-political group”. This was also proved by the fact that their capture had been declared by the KGB as the end of the “liquidation of former bourgeois nationalist banditry formations” (see paragraphs 27 and 28 above). Although the active resistance ended in 1953, |
Magomed Dzhabayev | 41. On 9 August 2002 the investigating authorities instructed the deputy prosecutor of the Khanty-Mansiysk District to question fifteen officers of the Khanty-Mansiysk police. Nine officers questioned submitted that the names of Mr |
Hüseyin Başbilen | 51. On 13 February 2014, the plenary assembly of the Forensic Medicine Institute concluded, by a majority (seventeen votes), that it was possible that the injuries on Hüseyin Başbilen’s body had been inflicted by himself; however, seven members considered that Mr |
Bashir Mutsolgov | 65. The investigation in the case concerning Bashir Mutsolgov's abduction had been repeatedly suspended for failure to identify those responsible and subsequently resumed with a view to verifying new information. It found no evidence that |
Busk Madsen | 36. As regards section 2-4(1) to (3) of the Education Act 1998, Mr Justice Stang Lund stated as follows.
“The appellants have emphasised that the Act requires the teaching to give pupils a thorough knowledge of the Bible and of Christianity in the form of cultural heritage and the Evangelical Lutheran Faith, while it merely requires knowledge of other world religions, beliefs and ethical and philosophical topics.
I refer to the fact that it may be inferred from the practice of the European Court of Human Rights that the States Parties themselves decide the scope and content of teaching; see Kjeldsen, |
Kenan Bilgin’s | 24. On 23 December 1994 the Ankara public prosecutor, Nazmi Şarvan, informed the Ministry of Justice that, while it was true that an investigation had been started into the affairs of members of the TDKP, |
The Justice of the Peace | 22. The administrative case was examined by the acting Justice of the Peace of Circuit no. 370 of the Tverskoy District of Moscow, Ms B. At the beginning of the hearing the second applicant challenged the judge on the grounds that she had previously found him guilty of an administrative offence and sentenced him to five days’ administrative detention. After that conviction the second applicant had lodged numerous complaints about Ms B. and had campaigned against her in his online blogs. |
Aslan Lechievich Adayev | 217. On 15 November 2002 the investigator responsible for “particularly important” cases issued an order in respect of each of the applicants concerning the “establishment of the defendant's identity”. The orders in question, which were all identically worded, noted that “documents, particularly passports, were received during the investigation” which proved that the defendants in question were |
Mehmet Akan | 23. The women returned to their own villages. On the next day Rabia went to Kurşunlu village to see if anyone would accompany her to look for her son. However, nobody would accompany her. The villagers had already tried in the morning to approach the area of the plain to look for |
Yusuf Ekinci | 87. In December 1997, in reply to the questions put by Fikri Sağlar, the Minister of the Interior, Murat Başesgioğlu, declared that ballistics reports had revealed that the bullets used in the killing of |
Ibragim Tsurov | 8. Several cars which had no registration numbers, including a VAZ-2107, a VAZ-2121 and a Volga with a flashing blue light, chased Ibragim Tsurov’s car and forced it to stop. A number of masked men got out of the vehicles, pointed their machine guns at |
Sandro Girgvliani | 26. A short time later, L.B.-dze saw a fourth man, who had not been in the car. The man came up to him, aimed a gun at him and said he was only getting the punishment he deserved. He then kicked him in the face, fired a shot into the air then walked over to where |
Ibragim Kushtov | 53. On 20 November 2006 the investigators questioned the FSS officer S.G., who stated that he was responsible for the search for Mr Isa Kushtov, who was wanted for a number of crimes. The witness stated that he had no information on the whereabouts of Mr |
V[italiy] Vulakh | 18. On 18 September 2003 the Krasnodar Regional Court examined the appeal and upheld the judgment, endorsing the District Court’s approach and rejecting the applicants’ arguments in the following terms:
“Although the prosecution of Mr |
Zelimkhan Latayev | 36. The first applicant is the mother of Mr Rustam Shakhgareyev, who was born in 1978, and the second applicant is his brother. The third and fourth applicants are the parents of Mr Zelimkhan Kagirov, who was born in 1977; the fifth and six applicants are his brothers and the seventh applicant is his son. The eighth applicant is the mother of Mr |
Musa Akhmadov | 90. According to the Government, the investigator forwarded requests to the Vedeno and the Oktyabrskiy [Grozny] District Departments of the Interior, asking these offices to take measures to solve the crime. He also requested information about the possible detention of |
Said-Rakhman Musayev | 18. Immediately after the detention of their family members the applicants and other relatives of the detained persons started to look for them. On 13 December 2000 Ruslan T. and ten other men returned to Raduzhnoye. On 17 December 2000 another five men were released. On 19 December 2000, two more men were released in the village of Gikalo. They told the applicants that they had been detained in pits in Khankala and that on 19 December 2000 |
the Minister of Planning and Construction | 16. On 29 April 1995 the Minister of Planning and Construction instituted ex officio proceedings with a view to having his earlier decision of 24 March 1993 annulled. On 9 July 1996 the Minister declared the decision of 24 March 1993 null and void. On 20 July 1996 the applicant and S.P. made an application to the President of the Office for Housing and Urban Development (Prezes Urzędu Mieszkalnictwa i Rozwoju Miast) for reconsideration (wniosek o ponowne rozpatrzenie sprawy) of the decision of 9 July 1996. On 28 February 1997 the President of that Office upheld the decision of 9 July 1996. The applicant appealed against that decision and the earlier decisions of |
Zarema Gaysanova | 75. On 9 December 2009 it was decided that the investigation was to be conducted by a group of investigators because there was evidence to suggest that members of the security forces had been involved in Ms |
Michael Fitzgerald's | 97. On 29 November 1998 an article entitled “Cops knew that gun was replica” was published in the 'Bedfordshire on Sunday' newspaper. It was reported that a laboratory technician, Kate Bellamy, a neighbour of |
Józef Potocki | 7. In 1947 Roman Potocki, acting on behalf of his brother Józef, lodged an application under Article 7 of the Decree of 26 October 1945 on real property in Warsaw for temporary ownership of two plots of land located in Krakowskie Przedmieście Street, Warsaw, to be awarded to |
Ramzan Iduyev | 37. The second applicant submitted three statements by witnesses to the events: her brother I. and two neighbours, M. and G. According to these statements, on 21 May 2003 the first applicant, her husband |
Kazbek Vakhayev | 32. On 18 October 2000 the Urus-Martan District Prosecutor's Office opened a criminal investigation into the abduction of four men, i.e. Kazbek Vakhayev, Yusup Satabayev, G. and Ch. (criminal case file no. 24048). The decision stated, in particular:
“On 1 August 2000 officers of the Urus-Martan [VOVD] apprehended and brought to the [VOVD] [Mr G.], |
Silvija Oblak | 25. On 20 February 1991, after the independence of Slovenia and the change of the political regime, the Supreme Court granted the request for reopening of the criminal proceedings lodged by Mr Igor Levstek and Ms |
Gazanfer Abbasioğlu | 509. Mr Demırhan rejected the statement he had signed under pressure at the gendarmerie and the allegations of Mr Güven against him. He therefore repudiated the confrontation record concerning the latter. He denied having been confronted with him at all.
b) |
Murad Khachukayev | 23. On the same day the applicant and his elder son met the shepherd, who accompanied them to the place where the remains had been discovered, which was about 20 metres from the road. The shepherd told them that he had discovered this site on 5 February 2003. The applicant saw a hole measuring approximately 1.5 m. in diameter and 1 m. in depth, with small fragments of a human body all around. The remains looked as though the body had been torn apart by an explosion. The applicant examined the hole and found several pieces of bone, a lock of hair and the lower part of a right leg with a woollen sock, a striped cotton sock and a burnt boot on it. He identified the socks and the boot as belonging to his son, |
Hatip Dicle | 8. In the proceedings before the Diyarbakır State Security Court, the applicants and the other co-accused did not deny that they had drafted the press statement. However, they claimed that the statement was not the same in content as the one which had been published in the newspapers and which formed the basis of the charges against them. They submitted that the public prosecutor had relied on another press statement drafted by the parliamentarians, Mr |
Lauterpacht | 20. The second issue before the House of Lords was whether the provisions of Article 5 § 1 of the Convention were qualified by the legal regime established pursuant to United Nations Security Council Resolution 1546 and subsequent resolutions. On this point, the House of Lords unanimously held that Article 103 of the Charter of the United Nations gave primacy to resolutions of the Security Council, even in relation to human rights agreements. Lord Bingham, with whom the other Law Lords agreed, explained:
“30. ... while the Secretary of State contends that the Charter [of the United Nations], and UNSCRs [United Nations Security Council Resolutions] 1511 (2003), 1546 (2004), 1637 (2005) and 1723 (2006), impose an obligation on the UK to detain the appellant which prevails over the appellant’s conflicting right under Article 5 § 1 of the European Convention, the appellant insists that the UNSCRs referred to, read in the light of the Charter, at most authorise the UK to take action to detain him but do not oblige it to do so, with the result that no conflict arises and Article 103 [of the Charter] is not engaged. 31. There is an obvious attraction in the appellant’s argument since, as appears from the summaries of UNSCRs 1511 and 1546 given above in paragraphs 12 and 15, the Resolutions use the language of authorisation, not obligation, and the same usage is found in UNSCRs 1637 (2005) and 1723 (2006). In ordinary speech to authorise is to permit or allow or license, not to require or oblige. I am, however, persuaded that the appellant’s argument is not sound, for three main reasons. 32. First, it appears to me that during the period when the UK was an Occupying Power (from the cessation of hostilities on 1 May 2003 to the transfer of power to the Iraqi interim government on 28 June 2004) it was obliged, in the area which it effectively occupied, to take necessary measures to protect the safety of the public and its own safety. [Lord Bingham here referred to Article 43 of the Hague Regulations and Articles 41, 42 and 78 of the Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War: for the text of these Articles, see paragraphs 42 and 43 of this judgment below.]
These three Articles are designed to circumscribe the sanctions which may be applied to protected persons, and they have no direct application to the appellant, who is not a protected person. But they show plainly that there is a power to intern persons who are not protected persons, and it would seem to me that if the Occupying Power considers it necessary to detain a person who is judged to be a serious threat to the safety of the public or the Occupying Power there must be an obligation to detain such a person: see the decision of the International Court of Justice in Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda) [2005] ICJ Reports 116, paragraph 178. This is a matter of some importance, since although the appellant was not detained during the period of the occupation, both the evidence and the language of UNSCR 1546 (2004) and the later Resolutions strongly suggest that the intention was to continue the pre-existing security regime and not to change it. There is not said to have been such an improvement in local security conditions as would have justified any relaxation. 33. There are, secondly, some situations in which the Security Council can adopt resolutions couched in mandatory terms. One example is UNSCR 820 (1993), considered by the European Court (with reference to an EC regulation giving effect to it) in Bosphorus Hava Yolları Turizm ve Ticaret Anonim Şirketi v. Ireland [[GC], no. 45036/98, ECHR 2005-VI] (2005) 42 EHRR 1, which decided in paragraph 24 that ‘all States shall impound all vessels, freight vehicles, rolling stock and aircraft in their territories ...’. Such provisions cause no difficulty in principle, since member States can comply with them within their own borders and are bound by Article 25 of the UN Charter to comply. But language of this kind cannot be used in relation to military or security operations overseas, since the UN and the Security Council have no standing forces at their own disposal and have concluded no agreements under Article 43 of the Charter which entitle them to call on member States to provide them. Thus in practice the Security Council can do little more than give its authorisation to member States which are willing to conduct such tasks, and this is what (as I understand) it has done for some years past. Even in UNSCR 1244 (1999) relating to Kosovo, when (as I have concluded) the operations were very clearly conducted under UN auspices, the language of authorisation was used. There is, however, a strong and to my mind persuasive body of academic opinion which would treat Article 103 as applicable where conduct is authorised by the Security Council as where it is required: see, for example, Goodrich, Hambro and Simons (eds.), Charter of the United Nations: Commentary and Documents, 3rd edn. (1969), pp. 615-16; Yearbook of the International Law Commission (1979), Vol. II, Part One, paragraph 14; Sarooshi, The United Nations and the Development of Collective Security (1999), pp. 150-51. The most recent and perhaps clearest opinion on the subject is that of Frowein and Krisch in Simma (ed.), The Charter of the United Nations: A Commentary, 2nd edn. (2002), p. 729:
‘Such authorisations, however, create difficulties with respect to Article 103. According to the latter provision, the Charter – and thus also SC [Security Council] Resolutions – override existing international law only in so far as they create “obligations” (cf. Bernhardt on Article 103 MN 27 et seq.). One could conclude that in case a State is not obliged but merely authorised to take action, it remains bound by its conventional obligations. Such a result, however, would not seem to correspond with State practice at least as regards authorisations of military action. These authorisations have not been opposed on the ground of conflicting treaty obligations, and if they could be opposed on this basis, the very idea of authorisations as a necessary substitute for direct action by the SC would be compromised. Thus, the interpretation of Article 103 should be reconciled with that of Article 42, and the prevalence over treaty obligations should be recognised for the authorisation of military action as well (see Frowein/Krisch on Article 42 MN 28). The same conclusion seems warranted with respect to authorisations of economic measures under Article 41. Otherwise, the Charter would not reach its goal of allowing the SC to take the action it deems most appropriate to deal with threats to the peace – it would force the SC to act either by way of binding measures or by way of recommendations, but would not permit intermediate forms of action. This would deprive the SC of much of the flexibility it is supposed to enjoy. It seems therefore preferable to apply the rule of Article 103 to all action under Articles 41 and 42 and not only to mandatory measures.’
This approach seems to me to give a purposive interpretation to Article 103 of the Charter, in the context of its other provisions, and to reflect the practice of the UN and member States as it has developed over the past sixty years. 34. I am further of the opinion, thirdly, that in a situation such as the present ‘obligations’ in Article 103 should not in any event be given a narrow, contract-based, meaning. The importance of maintaining peace and security in the world can scarcely be exaggerated, and that (as evident from the Articles of the Charter quoted above) is the mission of the UN. Its involvement in Iraq was directed to that end, following repeated determinations that the situation in Iraq continued to constitute a threat to international peace and security. As is well known, a large majority of States chose not to contribute to the Multinational Force, but those which did (including the UK) became bound by Articles 2 and 25 to carry out the decisions of the Security Council in accordance with the Charter so as to achieve its lawful objectives. It is of course true that the UK did not become specifically bound to detain the appellant in particular. But it was, I think, bound to exercise its power of detention where this was necessary for imperative reasons of security. It could not be said to be giving effect to the decisions of the Security Council if, in such a situation, it neglected to take steps which were open to it. 35. Emphasis has often been laid on the special character of the European Convention as a human rights instrument. But the reference in Article 103 to ‘any other international agreement’ leaves no room for any excepted category, and such appears to be the consensus of learned opinion. The decision of the International Court of Justice (Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom) [1992] ICJ Reports 3, paragraph 39, and Application of the Convention on the Prevention and Punishment of the Crime of Genocide [1993] ICJ Reports 325, 439‑40, paragraphs 99-100 per Judge ad hoc |
Adam Makhashev | 76. On 28 April 2006 the applicants complained to the Deputy Prosecutor General in the Southern Federal Circuit and the prosecutor of Kabardino-Balkaria. They requested that the decision of 13 April 2006 be overruled and the proceedings against the police officers be reopened. In particular, they alleged that the police officers had ill-treated them on account of their Chechen ethnic origin and quoted some of the officers’ disparaging remarks. The applicants further complained that the investigation of the ill-treatment had been ineffective as the local law enforcement authorities had been biased against them on account of their ethnicity; that the criminal case which was opened against |
Salih Kaygusuz | 35. As regards written evidence, the Commission had particular regard to the statements of both the applicant and his sister Mekiye Önen of 1 and 5 April 1993 (taken by the Fosfat gendarme station commander |
Baki Demırhan | 189. On 16 November 1993 around 5 or 6 p.m., when the State Security Court was closing down for the day, the applicant and her husband were stopped by four plain-clothed officials when they were leaving the court building. Her husband was told he was to be detained and interrogated and he gave her his personal belongings, whereupon she was told that she was also to be detained. |
Patrick Finucane | 10. Around 7.25 p.m. on 12 February 1989 the applicant's husband, solicitor Patrick Finucane, was killed in front of her and their three children by two masked men who broke into their home. She herself was injured, probably by a ricochet bullet. |
Florica-Maria Petroiu | 12. On 28 June 2004 the Bucharest County Court, in the operative part of its judgment, allowed the appeal by all the applicants and varied the first-instance judgment in part by upholding the action lodged by the applicants |
Judith McGlinchey | 26. The hospital informed the family that Judith McGlinchey was in a critical condition and might have suffered brain damage due to the cardiac arrest. Her liver and kidneys were failing and they could not stabilise her. She was ventilated by hand as there were no beds in the Intensive Care Unit (ICU). The doctors said that they would stop the medication to see if she came round and breathed on her own and, if not, they would leave her. A Roman Catholic priest was called. The family was advised to say goodbye to |
Elmas Güzelyurtlu | 139. On 24 January 2005 a meeting was held between the private secretary of the “TRNC” Prime Minister, the SPA, the head of UNFICYP’s civil affairs unit, and the envoy of the President of the Republic of Cyprus concerning the suspects held in detention. According to the minutes of the meeting, the “TRNC” authorities needed the results of the DNA tests that had been carried out by the Greek Cypriot authorities, which were reluctant to transmit them on the pretext that this would constitute the [de facto] recognition of the “TRNC”. The “TRNC” authorities suggested these could be transmitted through UNFICYP. A “non-paper” dated 24 January 2005 was given to the envoy. This stated as follows:
“According to the Constitution of Cyprus (article 159), any case confined among Turkish Cypriots should be taken by the Turkish Cypriot courts.
In the case of murder of |
Stefan Albrechtson | 30. The fourth applicant renewed his request after the abolition of the rule on 1 April 1999. On 8 February 2000 the Security Police granted the fourth applicant permission to see parts of his file.
This comprised, firstly, fifty-seven pages of paper cuttings and various information concerning him and other athletes and sports leaders, their participation in conferences, meetings and tournaments, and about sport and the promotion of social integration through sport, particularly involving international exchanges and solidarity in cooperation with the African National Congress in South Africa. There was information about a much publicised sports project in 1995, where representatives of several sports such as basketball, football and handball had left Sweden for South Africa with the aim of helping young people in black townships. A number of people from within the Swedish sports movement whom the fourth applicant had met, many of whom had no connection with any political organisations, had been mentioned in his file. These included, for example, a prominent sports leader, Mr |
Jan Novotný | 32. The court, having assessed all the relevant evidence, held that the testimonies of the anonymous witnesses were trustworthy and consistent and that they incriminated the applicant. It also stated that the witness “ |
İrfan Bilgin | 33. On 9 July 1997 the public prosecutor Selahattin Kemaloğlu instructed the Ankara Security Directorate to carry out a search for Kenan Bilgin. The relevant part of his letter reads as follows.
“An investigation has been carried out into allegations by |
the Minister for National Security | 6. Shortly after 2 p.m. on 19 October 2005 the applicant was taken to the Ministry of National Security (“the MNS”) from his office in the Ministry of Economic Development. He was not informed why he was taken there. He was taken to the MNS in his own car driven by his personal driver, accompanied by two deputies to |
Luiza Mutayeva's | 20. The applicant also contacted, both in person and in writing, various official bodies, such as the Chechen administration, military commanders' offices and prosecutors' offices at different levels, describing in detail the circumstances of |
Minister of the Interior | 141. In line with that decision, on 29 April 2008 the military section of the prosecutor’s office at the High Court of Cassation and Justice also relinquished jurisdiction to the relevant civilian section for examination of the criminal charges against the 9 servicemen – including several generals, the former head of police and the former |
Iwaszkiewicz | 6. In 1990 the first applicant’s husband and the second applicant’s father, Mr Henryk Iwaszkiewicz, born in 1929, was granted a retirement pension under a regular retirement pension scheme and on the strength of premiums which he had been paying into the centralised social insurance fund. In 1997 he requested the Zduńska Wola Social Insurance Authority (Zakład Ubezpieczeń Społecznych) to grant him a disability pension, together with so-called “veteran status” (“uprawnienia kombatanckie” - see paragraphs 17 to 21 below) since from 1940 to 1946 he had been imprisoned, together with his parents, in a labour camp in Siberia in the Soviet Union. Subsequently, Mr |
Ya. Kudayeva | 85. On 1 April 2007 the investigators refused to open a criminal case against Ms “Tamila” because they had failed to identify her. The text of the decision included the following:
“... a woman who had introduced herself as Tamila had told Ms |
Abdulvahap Maço | 26. On 16 May 1994 the villagers found the body of Abdulvahap Maço near the village of Yolçatı. The body was brought to the Lice Health Clinic. Together with the Lice public prosecutor, the doctor conducted a post mortem examination. In the report, it was noted that rigor mortis had set in and bruising had appeared on the body. The doctor also found
- a bullet entry hole above the left eyebrow and a bullet exit hole in the occipital region measuring 6 x 10 cm., as a result of which the skull had been shattered and the brain heavily damaged;
- two adjacent bullet entry holes on the left side of the neck;
- two adjacent bullet exit holes on the right side of the neck, under the chin;
- a bullet entry hole on the left leg and a bullet exit hole in the calf measuring 2 x 8 cm;
- two wounds, one on the back of the right ankle measuring 4 x 2 cm. and another on the front part of the ankle measuring 3 x 4 cm, possibly caused by bullets;
- a fractured tibia; and
- a bullet entry hole on the right calf and a bullet exit hole above the right knee, causing a wound measuring 10 cm., which had damaged tissue and fractured the lower part of the femur.
No other signs were observed on the body. As the cause of death was found to be the destruction of the brain by gun shots, it was decided not to carry out a classical autopsy on the body of |
Aabø‑Evensen | 24. Between 29 April 1996 and 8 March 1998 the first applicant insisted that she should be represented by a layman, Mr H. Elvebakk, despite several decisions by the High Court, upheld by the Supreme Court, rejecting her repeated requests to this effect. Not until 23 December 1998 was the High Court informed that the first applicant had appointed a lawyer, Mr |
Magomed-Ali Abayev | 59. On 7 February 2007 the investigators questioned the applicants' relative Mr A. Zh., who stated that at about 5 p.m. on 13 September 2000 he had gone to the town centre of Urus-Martan to buy cigarettes. On the way there, next to the checkpoint situated in the former clothing factory, he had seen a crowd of local residents, who had told him that the servicemen at the checkpoint had arrested |
the Minister of Prisons | 36. At the material time, the management of prisons, including the provision of medical care to prisoners was a responsibility of the Prison Department of the Ministry of Prisons (see Order no. 60 of the Minister of Prisons approving the Regulations of the Prison Department, 24 February 2009). The Prison Department and the Investigative Department were subordinated to |
Seyran Ayvazyan | 28. The investigator posed between two to four questions to each of the police officers. A.S. was asked (a) whether it would have been possible to neutralise Seyran Ayvazyan without the use of firearms (answer: negative) and (b) how many firearms had been used for that purpose (three). H.Gev. was asked how much time had elapsed between their entering the house and the stabbing (three to four minutes). H.Gri. was asked who had been beside him at the time of the shooting (police officer A.S.) and how many knives |
Makarchykov | 29. On the same day, 309 supporters of the Moscow Patriarchate, who the applicant association alleged were from different churches in the city (although, according to the Government, 295 were active members of the Parish), held a meeting at which they passed a vote of no confidence in Mr |
Bashir Velkhiyev | 12. Mr Bashir Velkhiyev asked the servicemen not to scare the children. He also told them that there were no criminals in his house. He said that they could enter and that there was no reason to be alarmed. The servicemen ordered the first applicant and Mr |
Bayram Duran’s | 8. On the same day, at 12.35 p.m. a “scene of incident and examination of the corpse” report was drafted and signed by the Gaziosmanpaşa public prosecutor, a medical expert, the director of the Gaziosmanpaşa police headquarters and four other persons. According to the report, there was no sign of ill-treatment or bullet wound on |
the County Governor | 39. In his opinion, to which three other members subscribed, Mr Justice Støle held, inter alia:
“(33) I shall first look at how the statements must be understood. It follows from case-law that the interpretation is part of the application of the law .... It is the statements whose nullification is requested which are to be interpreted. The question is how these must be assumed to have been understood by the readers of the newspaper. Taking the wording as our point of departure, we must then look at what perceptions the statements create in the ordinary newspaper reader. In my opinion there is no conflict between the case-law of the European Court of Human Rights and that of the Supreme Court as regards the subject matter of the interpretation; see the references to 'the ordinary reader' in the decisions of the European Court of Human Rights.
(34) The statements to be interpreted are included in the newspaper's first story of 8 June 2000. In the usual way the statements must be interpreted in context with the rest of the news report, with its typography and use of pictures. Like the High Court, however, I find it clear that the subsequent articles, carried on 30 June and 8 August 2000, are not of significance for this purpose. I shall return to the significance of the follow-up reportage in another context. Here it is sufficient to show that these are not suitable for shedding light on the meaning of the statements whose nullification is being requested. ... The statements in the story of 30 June 2000 are more of the nature of a description of a subsequent development, namely that Mr Rygh has been 'cleared' in the case. I would add – not that my standpoint depends on it – that the distance in time to the article to which the nullification claim applies is also materially greater than in Norsk Retstidende ('Rt') 2002-764.
(35) The unanimous High Court has summarised its interpretation as follows:
'When one accordingly considers the article of 8 June 2000 in isolation, the High Court agrees with the City Court that the statements, seen in isolation and as a whole, must be perceived by the ordinary reader as saying that the Municipality, after considering the relevant properties, has taken the position that there has been a breach of the residence requirements for, inter alia, A's property, and that his name has therefore been written down on a list that the Municipality has decided to refer to |
Safeen Dizayee | 45. The Turkish security forces carried out fourteen major cross-border operations between January 1994 and November 1998. The largest operation, called “Çelik (steel) operation” and carried out with the participation of seventy to eighty thousand troops accompanied by tanks, armoured vehicles, aircraft and helicopters, lasted almost six weeks between 19 March and 2 May 1995. The Turkish troops penetrated 40-50 kilometres southwards into Iraq and 385 kilometres to the east. 8.A letter dated 23 October 2000 from Mr |
Pribylov V. | 42. On 29 March 2004 M.P.’s fellow recruits, Mironov K., Fedotov M., Tikhonov S. and Koryabin P., made statements identical to those made by the witnesses Shkola V., Kozarezov S., Kolentsov S., Andriyantsev D., |
Jörg Haider | 6. The applicant company is the owner of the daily newspaper Der Standard. In its issue of 4 April 2006, in the economics section, the applicant company published an article dealing with the investigation into losses incurred by Hypo Alpe-Adria Bank. The article reads as follows:
“Haider’s Hypo now also facing criminal investigation
After the Financial Market Authority, the prosecution service is now also looking into allegations of embezzlement against Hypo Alpe-Adria Bank. |
Ter-Petrosyan | 12. The applicant alleged that on 1 March 2008 at around 6 a.m. the police had arrived at Freedom Square. The several hundred demonstrators who were camping there were mostly still asleep, although some of them were awake, having been informed in advance about the arrival of a large number of police officers. In total about 800 heavily armed police officers appeared. The police cordon started approaching the tents and panic broke out among the demonstrators who started waking the others up. Some of the demonstrators managed to switch on the microphones and the lights on the square. Mr |
Kari Saarenpää | 6. The applicant is a limited liability company whose main field of activity consisted of building and hiring holiday cottages as well as providing accommodation and travel services. It is owned by Mr |
Ramazan Umarov’s | 85. On 19 May 2008 the deputy head of the Investigation Department of Makhachkala again wrote to the Dagestan Minister of the Interior and the Head of the Dagestan FSB, requesting information concerning the investigation of |
Ionuţ Ludovic Chinez | 17. The investigation of the applicants’ complaint conducted by N.I., a police officer from the Control Unit of the Ministry of Internal Affairs, commenced by taking statements from the applicants on 11, 12 and 14 August 2008. They described the course of the events as mentioned in paragraphs 6 to 9 above. The applicant |
Mehmet Ağırman | 13. On the same day the Midyat Public Prosecutor and a forensic doctor conducted an autopsy at the scene of the incident. They concluded that the persons killed in the incident had died of bullet wounds. The autopsy report recorded the following injuries:
İsmet Acar: One bullet entry on the right ear, one bullet exit on the upper part of the head, one bullet entry on the right armpit, one bullet exit on the right shoulder, one bullet wound on the abdomen, one bullet entry on the upper abdomen, one bullet exit on the waist, one bullet entry on the right upper abdomen, one bullet exit on the right upper hip, one bullet entry on the right thigh and one bullet exit on the front hip.
Hasan Akay: One bullet entry on the forehead, one bullet exit on the right part of the head, one bullet entry between the 10th and 11th ribs, one bullet exit on the right front ribs, one bullet entry on the inner right elbow, one bullet exit on the outer right elbow, one bullet entry on the left upper 12th rib, one bullet exit on the left part of the chest, one bullet wound on the left shoulder, one bullet entry on the inner left leg and one bullet exit on the outer left leg.
|
Z. Elmuratov | 44. The applicant substantiated his account of the conditions of detention in the remand prison by the following documents: a witness statement by Mr K. Petrov, who was detained with the applicant in cell no. 82, dated 16 February 2011; a witness statement by Mr |
Halima Musa Issa | 26. Following the events, the applicants' statements were taken on 7 June 1995 by Dr Rızgar Amin and Kerim Yıldız in the Azadi village of Sarsang province in the governorate of Dohuk (Iraq) close to the Turkish border.
(a) |
Khasan Sagayev | 8. At around 12 p.m. on 8 August 2000 a group of about twenty to thirty masked and armed servicemen in camouflage uniforms arrived at the applicant’s house in two armoured personnel carriers (APCs) and several UAZ minivans. They broke into the house and quickly searched the premises, taking away all documents and family photographs. They forced Mr |
Nina Karpachova | 148. On 27 April 2012 the Ombudsman published pictures of the applicant’s bruises. On the next day, the Kyiv City Prosecutor Office allegedly searched the Ombudsman’s office and served writs on a number of her staff members who had been involved in reporting on the applicant’s physical injuries in the colony. According to the applicant, the Government declared that Ms |
Rizvan Ibragimov | 8. On the night of 28 to 29 December 2002 the Ibragimovs were sleeping at home, except for the third and fourth applicants. The first applicant was sleeping in the front room, while the second, fifth and sixth applicants and |
Milkias Mihretab | 12. The applicant said that he had been interviewed for the first time on 3 July 2005 by an official from the French Agency for the Protection of Refugees and Stateless Persons (OFPRA), who had recommended that the applicant be granted leave to enter the country as an asylum-seeker. The Government, for their part, contended that no recommendation had been issued on 3 July. The record of the interview and the proposed recommendation, both drafted by the official concerned, had been considered unsatisfactory by the official’s immediate superior, who was responsible for approving them. For that reason the applicant had been interviewed a second time, on 5 July 2005, by the latter official (assisted by an interpreter). The official concerned issued the following recommendation that the applicant be refused leave to enter:
“Statement taken in Amharic through an ISM interpreter
Reason for the application? My parents are of Eritrean origin. We had Ethiopian nationality and lived in Addis Ababa. In 1998 the Ethiopian authorities told us we were not Ethiopians. We were expelled from Ethiopia to Eritrea. I was supposed to sit my school-leaving exams that year, but was unable to sit them in Eritrea. I worked in a garage for six months, and then did my national service. While I was there I met a guy who was a journalist. When I’d finished my service I worked with this journalist friend as a cameraman and photographer, and we travelled together on reporting assignments. My friend was having problems with the authorities and wanted to leave the country. As soon as I got back the authorities questioned me about my friend and put me in prison. While I was in prison the police searched my house and found two photos which they considered compromising. Then they started torturing me with cigarettes. I stayed in prison for six months until I fell ill with tuberculosis. They took me to hospital. By chance, it was the hospital where some of my maternal grandmother’s relatives worked. They bribed the guards, brought me clothes and helped me to escape. I went to my grandmother’s place in Areza and stayed there for four months while I was being treated. Then I left the country secretly for Sudan. I found work straight away in a garage in Khartoum, but there were Eritrean agents around, and an Eritrean who worked not far away was killed. I was afraid and went to Port Sudan, where I worked as a porter on the quays. I stayed in Sudan for about two years in all (eight months in Khartoum, a year in Port Sudan and another two months in Khartoum). My uncle sold his car to pay for my trip. I travelled to South Africa before coming to France. My uncle found the network of people smugglers. I don’t know how they organised things.
What is your friend called and how did you meet him? His name is |
A.M. Isakov | 31. On 22 December 2008 the Supreme Court upheld the decision of the Tyumen regional court and the extradition order. The ruling, inter alia, referred to the assurances provided by the Uzbek authorities that “... the Republic of Uzbekistan guarantees that |
Ayshat Eskirkhanova | 8. The first and second applicants are spouses and the parents of Mr Kazbek Taysumov, born in 1972. Kazbek Taysumov was married to Ms Zulpat Eskirkhanova, born in 1978; the couple had two daughters – Ms |
Hüseyin Başbilen | 10. The crime scene officers took fingerprints of the deceased and collected fingerprints both from the interior and the exterior of the car. The officers also obtained blood and hair samples from the car, prepared two sketch maps of the scene of crime and took approximately one hundred photos. Mr |
Önder Babat’s | 7. According to a report drafted by two police officers and signed by Mr B.Y., one of Önder Babat’s friends, the police received information about the incident at 7.20 p.m. and arrived at Taksim Ilkyardım Hospital where, after taking oral statements from |
the Deputy Minister of Justice | 22. The applicant lastly submitted that it had been his desire from the outset to obtain guardianship (voogdij) of S. after her mother’s death and that S. should live with him. In order for a request for a change of guardianship to stand any chance of success, the applicant ought first to have recognised his daughter. The applicant urged the Court of Appeal to deal with his request speedily as he was being threatened with expulsion, |
Ferhat Tepe | 73. The witnesses admitted to having signed this document but claimed that the contents were untrue. Mr Şarlak and Mr Koparan submitted that a person called İrfan Güler, who was responsible for their prison ward, had written this document and made them sign it. They believed that nothing unpleasant would befall them if they signed the document. They further averred that they had not seen a person called |
Adam Makharbiyev | 33. On 1 July 2002 the first applicant complained to a number of State authorities, including the head of the Chechnya FSB, the Russian Defence Minister and the district prosecutor. She provided a detailed description of her son’s abduction by federal servicemen and his subsequent detention in the military commander’s office and the VOVD, and complained that the investigation had failed to examine the evidence proving the authorities’ involvement in her son’s abduction. In addition, she stated that on 5 June 2002 her son had been seen in a bus next to Chervlyenaya station in the Shelkovskoy district of Chechnya. According to a woman who had spoken with |
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