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Imran Dzhambekov | 81. On 17 March 2003 the Prosecutor General’s Office wrote to a member of the State Duma, Mr Nikitin, in reply to his enquiry concerning missing persons and crimes against civilians in Chechnya. It stated that 1,250 criminal investigation files had been opened in respect of 1,802 kidnapped or missing persons. In 2002 alone 565 criminal cases had been opened in respect of 738 missing persons. 559 persons had been found. The letter listed a number of steps taken by the prosecutor’s office in order to prevent disappearances and to effectively investigate such cases, including the issue of a number of instructions and the holding of coordination meetings between various bodies. The letter also contained a list of missing persons, which included |
Kamil Mutayev | 30. On various dates between June and November 2012 the investigators received the list of calls made from and to Mr Kamil Mutayev’s mobile telephone as well as replies to their numerous information requests concerning Mr |
Grigolashvili | 48. On the evening of 8 August 2000 Mr Grigolashvili was released by the applicant. The applicant then called Ms Margvelashvili and offered an apology for the offensive language he had used the previous night. He also informed her that Mr Dvali and Mr Kakushadze had been released. However, they never returned home.
(b) Depositions by Mr |
Michel Polac | 5. In October 1999 the applicant took part in the recording of an infotainment programme for television called Tout le monde en parle (“Everyone’s talking about it”), presented by Thierry Ardisson, which was aired on the State television channel France 2 during the night of 23 to 24 October 1999. During the programme |
Talat Türkoğlu | 15. In her letters of 10 September 1997, the applicant informed the public prosecutor and the Governor in Edirne about an important statement made by a prisoner, Kasım Açık, to some other prisoners in which he gave detailed information about the killing of |
V. Plotnikova | 6. In 1990, since cars were not available in free trade, the applicants chose to obtain State special-purpose promissory notes which would entitle them to Russian-made cars. Mrs Valentina Plotnikova should have received a car in 1992 and the other applicants in 1993-1995. The applicants paid the car's full value but never received the cars.
7. In 1998 Mrs |
Aslan Sadulayev | 46. The investigation failed to establish the whereabouts of Aslan Sadulayev. The investigating authorities sent requests for information to the relevant State agencies and took other steps to have the crime resolved. The investigation found no evidence to support the involvement of the federal forces in the incident. The law-enforcement authorities of Chechnya had never arrested or detained |
Rizvan Isayev | 163. On 16 March 2003 Mr Rizvan Isayev and Mr Anzor Isayev were taking a bus from Ingushetia to the village of Samashki, Chechnya. At about 2.20 p.m. the bus was stopped at the Kavkaz checkpoint at the border between Ingushetia and Chechnya to check the passengers’ identity. A group of armed service personnel in camouflage uniforms asked the passengers to show their identity documents. The service personnel spoke unaccented Russian; some of them were wearing balaclavas. Having checked the passports, they forced Mr |
Georgantzis | 15. On 19 February 2002 the three-member Athens Court of Appeal sitting as a first instance court found Mr Georgantzis guilty of serious bodily harm and sentenced him to four months' imprisonment. The court found that it had been clearly and unequivocally established by the medical reports and the other evidence before it that Mr |
Carlo Giuliani | 72. The investigation had been lengthy, in particular owing to delays with some of the forensic reports, the “superficial nature” of the autopsy report and the errors committed by one of the experts, Mr Cantarella. However, it had addressed all the relevant issues in detail and led to the conclusion that the hypothesis of the bullet having been fired upwards and deflected by a stone was “the most convincing”. Nevertheless, there was insufficient evidence in the file to determine whether M.P. had fired with the sole intention of dispersing the demonstrators or had knowingly run the risk of injuring or killing one or more of them. There were three possibilities, and “the matter [would] never be resolved with certainty”. The possibilities were as follows:
– the shots had been designed to intimidate the demonstrators and it was therefore a case of causing death by negligence;
– M.P. had fired the shots in order to put a stop to the attack and had accepted the risk of killing someone; that would mean that it was a case of intentional homicide;
– M.P. had aimed at |
Sergeant Dontchev | 32. H stated that Mr Zabchekov had fallen asleep soon afterwards, on a chair in the passage, and had been snoring. At about 3 a.m. H had allegedly noticed that Mr Zabchekov had been lying asleep on the floor. H had woken him and put him back on the chair, thinking that “he might catch a cold”. H further stated that at about 3.50 a.m. he had again gone to see Mr Zabchekov who had been sitting on the chair, sleeping and shivering. H had decided to move him back to office no. 1, where it had been warmer. He had woken him and helped him enter the room. Shortly afterwards Mr Zabchekov had slipped from the chair. H had noticed that he had been breathing heavily. H stated that at that point he had contacted |
Yu. Askhabov | 75. In the meantime, on 9 and 17 February 2010 the Shali ROVD informed the investigators that they had no information concerning the involvement of Abdul-Yazit Askhabov in illegal activities. At the same time they pointed out that he was the brother of |
Ramzan Babushev | 42. On 22 April 2004 the Perm regional department of the interior (the Perm UVD) informed the first applicant of the following:
“...Your complaint was examined by the chiefs of the Perm UVD. Our inquiry established that the arrest of your husband |
Yakup Aktaş | 127. The report then goes on to list as “Other Evidence” the documents that had been examined by Major Şeker, including statements incriminating Yakup Aktaş, duty rosters, the record of the inspection of the interrogation centre (see paragraph 61 above), the entries in the register of the Derik health clinic concerning |
Anastasios (Tassos) Isaak | 7. The applicants were born in 1977, 1944, 1951, 1974 and 1979 respectively. The first applicant lives in Ayia Napa and the remaining applicants live in Paralimni. The first applicant is the widow, the second and third applicants are the parents and the fourth and fifth applicants are the sisters of Mr |
Salambek Alapayev | 52. On unspecified dates the investigating authorities instructed their colleagues in the Chechen Republic and several other regions in Russia to verify whether officers of any law-enforcement authorities had arrested |
Ayndi Dzhabayev | 83. On 27 March 2006 the investigation was resumed. The Government stated that at that time Kheda A. and Roza P. had stated to the investigation that they had not been eyewitnesses to the detention of Mr |
Muslim Saydulkhanov | 8. On or around 7 or 8 January 2004 a group of men in camouflage uniforms had arrived at the Pension Fund’s building and asked the on-duty colleagues of Mr Muslim Saydulkhanov, Mr A.M. and Mr. D. Kh., to show them their identity documents saying that they were from the Yamadayev’s battalion and were checking the posts. The men were looking for Mr |
Mirian Arabidze | 59. On 11 October 2001 the Georgian Supreme Court quashed the appeal court’s judgment and acquitted Mr Mirian Arabidze. In its judgment, the Supreme Court considered it “established” that, on 17 October 1999, Father Basil’s group had gone to the Gldani premises on its own initiative and that a confrontation had taken place between “persons of differing religious convictions. During that confrontation, several individuals had been injured and religious literature belonging to the Jehovah’s Witnesses had been burnt”. The Supreme Court found that the Gldani meeting had not represented any danger to public order. It established that the authorities had not imposed any restrictive measure in that connection and that, consequently, Father Basil had had no grounds for interfering with Mr |
Alis Zubirayev | 9. The first applicant called her husband; when he entered the room, one of the servicemen ordered him to produce identity papers. When the second applicant did so, he saw a serviceman pointing a machine gun at |
Mehmet Salim | 89. By a letter of 26 July 1995, the applicant complained to the Ministry of Human Rights that in August 1994 his brother Mehmet Salim Acar had been apprehended by Captain İzzettin, NCO Ahmet and counter-guerrilla agent Harun Aca, and that since then his brother was being held at the Bismil gendarmerie command. The applicant further stated that his family had not received a positive reply from the Bismil public prosecutor and the Diyarbakır National Security Court, to which they had applied, and that they were disconcerted not to have been granted permission to contact |
Kazım Demirbaş | 63. On 25 May 2003 Denizli Assize Court convicted the accused village guards as charged and sentenced them to life imprisonment. The summary of the court’s decision is as follows:
“In view of the autopsy reports, there is no question as to the cause of death of the six villagers. Instead, the question to be resolved is whether those who fired on the villagers were the accused village guards.
It is not possible to rely solely on the witness statements as they are contradictory on several points. However the witness statements given during the preliminary investigation seem to be, in general, objective. Relying on these initial statements it is established that the persons who had fired had their faces covered in order not to be recognised. The court is not convinced by the statements in which certain witnesses claimed to have recognised Ethem and Cengiz. Even assuming that Ethem and Cengiz were among those who had fired, there is no reasonable explanation for the fact that they had not covered their faces when everybody else had done so.
Furthermore, in the court’s opinion, what a commander would normally do when he had been notified of an incident would be to go to the scene of the incident as soon as possible. However in the present case, the fact that the non-commissioned officer Ali Kılıç checked all twenty seven weapons one by one without taking any action is incomprehensible. Moreover the court notes that the Midyat Public Prosecutor maintained that the soldiers were not collecting the empty cartridges to help him and that he had personally to collect the empty cartridges which were near the dead bodies. In view of the above, the court concludes that Ali Kılıç, |
Mehmet Baltan | 29. On 28 December 1998 the Lice public prosecutor took statements from two villagers, Mehmet Baltan and Ahmet Baltan, in connection with the killings of Kamil Menteşe and Yusuf Bozkus. In his statement, |
Mata Estevez | 9. The Secretary of State appealed against this decision to the Court of Appeal. By a judgment given on 15 October 2005, that court upheld the Commissioner's decision. Lord Justice Sedley considered that the applicant's previous family life (i.e. the relationship between herself, her former husband and her children) was not within the ambit of Article 8. As for her relationship with her partner, he read the decision of the European Court in |
Akhmed Buzurtanov | 39. Also on 24 December 2012 the Beslan investigations department informed the investigators that on 24 June 2012 Mr Akhmed Buzurtanov had participated in a fight, as a result of which he had received insignificant bodily injuries, and that he had not given any statements about the incident. On 15 September 2012 the Prigorodniy ROVD had opened a criminal case into the injuries received by eleven sportsmen, including Mr |
Makarchykov | 21. On 1 December 1999 26 members of the Parishioners' Assembly allowed requests from two members of the Assembly not to participate in its activities owing to pressure from the Moscow Patriarchate on the Parish and the attempts of Father Nikolay to split the Parish. Six members of the Assembly were elected as honorary members, with a right of “advisory vote”. One new member was admitted to the Assembly. The Assembly condemned the report of 4 November 1999 and the decision to remove the Parish's accounting papers. Mr |
the Prophet Abraham's | 8. In his report the expert quoted numerous passages from the book under review, in particular:
“... just think about it, ... all beliefs and all religions are essentially no more than performances. The actors played their roles without knowing what it was all about. Everyone has been led blindly along that path. The imaginary god, to whom people have become symbolically attached, has never appeared on stage. He has always been made to speak through the curtain. The people have been taken over by pathological imaginary projections. They have been brainwashed by fanciful stories ...
... this divests the imams of all thought and capacity to think and reduces them to the state of a pile of grass ... [regarding the story of |
Islam Chagayev | 111. On 17 June 2004 a forensic report was drawn up according to which the remains of the six bodies found at the cemetery were those of Mr Aslan Akhmadov, Mr Said-Selim Kanayev, Mr Amir Pokayev, Mr |
Taşkın Akyün | 153. The applicants appealed against the decision that there was no case to answer. Their appeal was dismissed by the Malatya National Security Court on 3 May 2004. The relevant passages from its decision read as follows:
“Having considered the grounds of appeal and the investigation file: 1. The decision that the defendants, who are public servants, have no case to answer concerns Article 174 § 2 of the Criminal Code [which governs offences against political freedom]. No such order has been made in the case concerning the disappearance. The decision contains an order to pursue the investigation into that incident. 2. A decision that there is no case to answer is not a final decision. The proceedings will resume if new evidence comes to light before the end of the limitation period. Proceedings may be brought de novo against an accused who has been found to have no case to answer or against other suspects (Article 167 § 2 of the Code of Criminal Procedure).
In the present case, the offence in respect of which the appeal has been made is within the jurisdiction of the National Security Court. No additional investigation has been ordered under Article 166 § 2 of the Code of Criminal Procedure since no defect liable to affect the merits has been found. However, it would appear advisable to take the following steps when gathering evidence in the course of the investigation:
(a) To obtain a new statement from |
Izet Haxhia | 20. On 26 July 2000 M. was questioned a second time and he accused three high-ranking police officers from the city of Bajram Curri of having carried out the murder, namely F.M. who used to be the Chief of Bajram Curri police commissariat, J.M who used to be the head of public order at the same police commissariat and I.H who used to be a former bodyguard of Mr Berisha. J.M and I.H have lodged separate applications with the Court (Mulosmani v. Albania, no. 29864/03 and |
Musa Elmurzayev | 45. On 13 January 2004 the Department of the FSB of the Chechen Republic informed the first applicant that he was not suspected of any unlawful activities and that there was still no information on the whereabouts of Apti and |
Antun Džinić | 26. On 9 July 2013 a three-judge panel of the Vukovar County Court dismissed the applicant’s request that the seizure order be lifted or reassessed (see paragraph 24 above). The relevant part of the decision reads:
“The request for the lifting of the restraint and the request for its modification are unfounded.
It follows from the final indictment of the Vukovar County State Attorney’s Office ... that there is a reasonable suspicion that the accused |
the Minister of Internal Affairs | 41. On 4 January 2005 the Plovdiv Regional Military Prosecutor’s Office again decided to discontinue the investigation. It set out its findings of fact and the conclusions of the expert reports, and reasoned as follows:
“... The initial steps taken by officers of the Harmanli Regional Police Department with a view to [Mr] Todorov’s localisation and arrest were lawful. When he used firearms against them, they duly reported that to their superiors. They, in turn, lawfully decided to use firearms as a means of last resort, in accordance with section 80(1)(1) and (1)(4) of the Ministry of Internal Affairs Act [1997]. As [Mr] Todorov refused to obey their order to surrender and continued to fire at them, it was lawful to bring in the anti‑terrorism squad. This was in line with section 157(1)(2) of the [Act] and based on a decision of |
Vincent Lambert | 38. The experts examined Vincent Lambert on nine occasions. They familiarised themselves with the entire medical file, and in particular the report of the Coma Science Group in Liège (see paragraph 13 above), the treatment file and the administrative file, and had access to all the imaging tests. They also consulted all the items in the judicial case file of relevance for their expert report. In addition, between 24 March and 23 April 2014, they met all the parties (the family, the medical and care team, the medical consultants and representatives of UNAFTC and the hospital) and carried out a series of tests on |
Amirkhan Alikhanov | 31. On 18 May 2005 the investigators questioned A.A., a police officer, who stated that he worked for the Organised Crime Unit in Makhachkala. He denied having any information about the abduction of |
Uvays Dokuyev | 158. At about 4 a.m. on 11 August 2002 a group of about thirty masked men in camouflage uniforms armed with machine guns broke into the applicants’ house in the Avtury settlement, Shali District. They arrived in two grey APCs and a UAZ vehicle without registration plates. The men threatened the applicants with firearms and took |
M.S. Khachukayev | 43. On 5 March 2004 the investigators resumed the investigation in criminal case no. 34023. The decision stated, inter alia, that “on 12 February 2003 in an orchard located four km from Urus-Martan in the direction of Goyty, fragments of a human body were discovered. The relatives [of the disappeared] identified |
Sevda Mecit | 19. On 29 January 2002 the Nusaybin Public Prosecutor took statements from the two doctors who had examined the applicant on the first and last days of his custody in Nusaybin. Mr Ramazan Kaya, who had drafted the first medical report dated 8 July 2001, explained to the prosecutor that there had been no signs of ill-treatment on the applicant’s body. The second doctor, Ms |
Bayram Duran | 6. On 15 October 1994 M.Y. saw Bayram Duran on a bus and told the bus driver to go to the police station. Once in front of the police station, M.Y. asked the police officers to arrest Bayram Duran, maintaining that the latter was the person who had threatened his son. Subsequently, at around 11 a.m. |
Taner Şarlak | 71. The subject of this letter was Ishak Tepe’s application to the European Commission of Human Rights. Having summarised the events, the governor concluded that the accusations made by the applicant were mere allegations since there was no evidence to substantiate them. He noted that on 4 August 1993 the applicant had received a phone call from a person who had told him to bring TRL 1 billion to an address in Elazığ if he wanted to rescue his son. When the applicant had gone to the address accompanied by police officers from the Elazığ Security Directorate, they had not been able to find anyone. Meanwhile, following inquiries made by the Elazığ police, it had been established that the residents at this address were two journalists from Özgür Gündem who had moved out 15 or 20 days before. The police had found the two journalists concerned and had taken statements from them. The governor concluded from these facts that the impugned incident had been a settling of scores within the PKK.
(xxiv) Statements of |
Ramzan Babushev | 9. At around 11 a.m. a military UAZ car arrived at the house. A group of about ten to fifteen Russian military servicemen got out of the car; some of them remained in the street next to the house, whereas others went inside. The men spoke Russian without an accent and were of Slavic appearance. The person who was apparently in charge of the group introduced himself as Mr Y. B., the head of the department of the interior of Khattuni (also spelled as Khatuni) village (the Khattuni OVD). It appeared that he was on mission in Chechnya from the OMON (special police forces) unit of the Perm region, Russia. The servicemen asked |
Andrés López Elorza | 26. On 3 June 2015 the Audiencia Nacional issued a new decision dismissing the súplica appeals lodged by the applicant and confirming the decision on the applicant’s imprisonment pending extradition to the United States. In particular, the decision stated the following:
“The applicant considers that his súplica appeal lodged against the decision of 24 February 2015 has not been answered ... .
This Court refers at this point to what was already established in its decision of 25 March 2015 ... .
Nevertheless, in order to clarify any doubts that the applicant might have concerning whether or not he has received an answer to his súplica appeal, we [the Court] will resolve here the issued raised in that appeal.
...
The guarantees provided have been considered sufficient for the Court. Consequently, regardless of the judgment mentioned by the applicant, we consider that they comply with the requirements established in the ECtHR’s judgment Hutchinson v. United Kingdom [(no. 57592/08, 3 February 2015)], as well as the judgment of 13 November 2014 [Bodein v. France, no. 40014/10, 13 November 2014)], lodged by a French citizen...
Taking into consideration the above-mentioned reasoning, the Court
Decides
to dismiss the súplica appeals referred to in the present ruling, maintaining the order of imprisonment for |
Saddam Hussein | 7. The applicant arrived in Sweden on 4 September 2008. In support of his application for asylum, he stated in essence the following. He risked persecution in Iraq because he had worked as a professional soldier during the regime of |
Sergey Marusev | 16. On 8 April 2000 the judge invited the parties to an informal preliminary meeting. The first hearing took place on 29 May 2000. On that date the judge decided that an additional forensic examination was needed to establish the cause of death of |
Milana Bitilgiriyeva | 25. Subsequently, the applicants liaised with a person whom they identified as “a middleman”. According to him, Aset Yakhyayeva and Milana Betilgiriyeva had been transferred from the “DON-2” military unit to the 70th regiment, and then to the Khankala military base. In Khankala FSB officials had tortured them with a view to making them confess to having participated in illegal armed groups. |
Zoltán Németh | 20. In April 2005 the Ministry of Youth, Family and Social Matters quashed the decisions of the Budapest XI District Guardianship Authority described in paragraph 16 above, thereby withdrawing the fines imposed and the order to initiate the child’s placement under protection, without the possibility to appeal against the decision. The Ministry established that the decisions of the guardianship authority had been unlawful and it discontinued the administrative proceedings concerning the exercise of the applicant’s access rights prior to 1 March 2004. It nevertheless ordered the Guardianship Authority to take effective measures to ensure the applicant’s rights by using the range of measures at its disposal and not only through the imposition of fines. The Ministry pointed out, inter alia, that:
“... [t]he fact that the administration of minor A.N.’s case concerning access got to a guardianship authority that instantly sanctions the mother for the overdue visits is good, but other measures would be required as well, as it seems that the fines do not lead to any result, the goal being to enable |
Khodorkovskiy | 29. The court referred to the applicant’s family situation, his residence in Moscow and his health condition, and found that there was no reason for choosing a milder measure of restraint. As to the applicant’s assertion that the prosecution had produced no evidence of his implication in the impugned crimes, the court noted as follows:
“This argument ... shall not be examined on the merits, since the criminal case is still at the stage of the pre-trial investigation, and the court cannot express its opinion as to the guilt [of the applicant], proof of his guilt or the correctness of the legal qualification of Mr |
Sandro Girgvliani’s | 155. In their testimonies on 30 June 2006, O.M.-ov and A.K.-dze fully confirmed the statements they had made during the investigation. O.M.‑ov said that he had been unaware that their group in the café had been waiting for G.A.-ia. A.K.-dze said that she could not really remember, but did not exclude the possibility that she had gone over to |
Islam Tazurkayev | 86. On 15 April 2003 the investigators sent requests to the Chechnya FSB, the Grozny ROVD and the military commander’s office, seeking information about Islam Tazurkayev’s detention on their premises and the extent of his involvement in illegal armed groups. Negative responses were given; only the FSB gave a substantive response. In their reply of 18 April 2003, they claimed that |
Islam Dombayev | 10. The second applicant submitted that her son Islam Dombayev, the first applicant’s son Murad Lyanov and T. had been good friends. The second applicant’s son had a guitar and they often played it in the courtyard of the applicant’s house. They did not normally go out on the street after 9 p.m. because of the curfew imposed by the military. On 28 June 2000 at about 11 p.m. they had gone to T.’s house at 53 Sadovaya Street (also referred to as Pervaya Sadovaya Street), adjacent to their street, to spend the night there. |
Jørgen Aall | 36. After holding an oral hearing, at which both parties were legally represented, the Supreme Court in a decision of 4 March 2003 upheld, by four votes to one, the High Court's dismissal of the case.
On behalf of the majority, Mr Justice Mitsem gave the following reasons:
“(23) By way of introduction, I would point out that this case concerns a further interlocutory appeal, in which the jurisdiction of this court in principle is limited pursuant to Article 404 of the Code of Civil Procedure. In this instance, however, the Appeals Committee, and now the Supreme Court, has full jurisdiction, since the lawsuit filed by [the applicant] was summarily dismissed 'because the case is not a matter for the courts of law', see Article 404 (1)(1).
(24) I will first consider the suit in relation to the conditions for filing a lawsuit under traditional Norwegian procedural law, set out in Article 54 of the Code of Civil Procedure. Under this provision, it is a procedural condition that the suit shall concern 'a legal relationship or a right'. Furthermore, there must be a 'legal interest' in having the case decided, which inter alia means that the plaintiff must have an actual need for a judicial clarification.
(25) The investigation was opened on 28 February 2002 and had to be carried out as soon as possible and within three, alternatively six, months at the latest, see section 6-9 (1) of the [1992] Act. The final report is dated 18 July 2002 and was sent to [the applicant's] lawyer on the same day, with notification that the investigation was closed.
(26) [The applicant] has contested the fact that the final report represented the end of the investigation. Reference is made to the fact that the report culminated in a recommendation that family assistance be provided in the home, subject to evaluation within six months, so that there was still a 'case' in progress.
(27) To this I would comment that the purpose of an investigation, as expressed in section 4-3 of the [1992] Act, is to ascertain whether there is a basis for taking measures pursuant to the Act, and section 6-9 (2), first sentence, states that 'an investigation [pursuant to section 4-3] is regarded as completed when the child welfare services have made an administrative decision to implement measures or it has been decided to drop the case.' Thus such measures do not represent a continuation of the investigation, but its conclusion.
(28) Since the investigation has been closed, it is difficult to see how a judicial decision could have any legal significance for [the applicant]. It will not affect the implementation of the voluntary assistance measures recommended in the final report. Nor will it make any difference as regards the right to initiate a possible investigation in the future, based on new circumstances, or to decide to implement other measures pursuant to the Child Welfare Act, if warranted by circumstances.
(29) According to precedent it is undoubtedly the case that the requisite legal interest may cease to exist after legal proceedings have been instituted, with the consequence that the case must then be summarily dismissed. This may even occur - as in the present case – after judicial remedies have been pursued against a decision made in a court of second instance.
(30) I would add that a decision to carry out an investigation pursuant to section 4-3 of the [1992] Act is not an individual decision in the sense of the Public Administration Act. The same applies to the measures initiated in the course of the investigation, in this instance the obtaining of information pursuant to section 6-4 of the Child Welfare Act. As a general rule, it is not possible to make the lawfulness of such procedural steps the object of a separate lawsuit pursuant to Article 54 of the Code of Civil Procedure. However, any errors made at this stage could be significant in a lawsuit brought against any administrative decision that might be taken, and could possibly also form the basis for a claim for damages.
(31) [The applicant] has undoubtedly experienced the investigation as a strain, also because it was started shortly after the end of a prior investigation, and any judgment in his favour might seem like redress. However, this is not sufficient either to justify a legal interest, see Norsk Retstidende (Supreme Court Legal Reports - “Rt”)-2001-1123.
(32) Accordingly, I conclude that under traditional Norwegian procedural law [the applicant 's] suit had to be summarily dismissed.
(33) [The applicant] has claimed that a summary dismissal of the case will constitute a breach of the right of access to a court under Article 6 § 1 of the Convention in cases relating to 'civil rights'.
(34) I find it unnecessary to express a view on whether a demand that the child welfare services shall not make an investigation concerns a 'civil right' at all. In any event, the Convention accepts that national law must have some latitude to impose limitations on the right of access to a court. However, this is conditional on the limitations having a legitimate purpose, and a proportionality criterion also applies, which means that there must be a reasonable relationship between the purpose of the limitations and the effects they have. Finally, the limitations must not have such far-reaching consequences that the very essence of the right to a court is impaired, see the judgment of the European Court in the case of O v. the United Kingdom (1987), Series A No. 120, which states that the right to a court cannot be precluded in more substantial disputes.
(35) In the Rt-2001-1123, the first voting judge points out that 'sparing society – both courts of law and involved parties – lawsuits which, even if they were to succeed, would have no significance for the plaintiff's legal position', constitutes a legitimate aim, and that the proportionality requirement does not militate against maintaining the requirement of a 'legal interest' either. I concur with this. Nor can I see either that the limitation on the right to bring special lawsuits regarding the type of procedural decisions at issue in this case affects the essence of Article 6 § 1.
(36) In my opinion, therefore, the summary dismissal of [the applicant 's] suit does not represent a breach of Article 6 § 1.
(37) Accordingly, I shall move on to the question of whether the suit must be allowed in pursuance of Article 13 of the Convention ... . [The applicant] has asserted that the investigation was a breach of Article 8 of the Convention regarding the 'right to respect for his private and family life'. The parties are in agreement that in this case there existed no right to lodge an appeal to a superior administrative body, in connection with either the opening of the investigation or the specific steps that were subsequently taken. Thus any review provided for in Article 13 must be carried out by a court of law.
(38) The Convention was incorporated into Norwegian law by the Human Rights Act of 21 May 1999 No. 30 and, in the event of a conflict, takes precedence over provisions in other legislation, see section 3. This means, as stated on page 54, first column, of Proposition No. 3 to the Odelsting [the larger division of Parliaemnt] (1998-1999), that 'should a situation arise, after incorporation, where ... Article 13 ... requires the right to a judicial hearing whereas no corresponding right is provided by Article 54 of the Code of Civil Procedure, a judicial hearing must be allowed'.
(39) It is my understanding that the Municipality acknowledges that the grounds that would lead to a summary dismissal of [the applicant's] lawsuit pursuant to Article 54 of the Code of Civil Procedure are not tenable pursuant to Article 13 of the Convention. I concur. Pursuant to Article 13, the question of whether Article 8 has been breached must be regarded as a legal issue and be made the object of a declaratory suit [fastsettelssøksmål], even if the breach has ceased to exist. The doubt as regards the right to demand a judgment for non-compliance with a convention that existed in Rt-1994-1244, the so-called 'Women's Prison' case, must be regarded as having been dispelled by the adoption of the Human Rights Act and the rule of precedence set out in section 3 of the said Act.
(40) Nevertheless, under the case-law of the European Court, Article 13 only requires the availability of a remedy before a national authority if there is a reasonable ground for claiming that the Convention has been breached; there must be an arguable claim. This criterion is interpreted in accordance with Article 35 § 3 of the Convention, pursuant to which a complaint to the Strasbourg Court shall be summarily dismissed if it is 'manifestly ill-founded'; see inter alia paragraph 33 of the judgment in Powell and Rayner v. the United Kingdom (1990), Series A No. 172.
(41) Since the right to take legal action pursuant to Article 54 of the Code of Civil Procedure has been extended as a result of the incorporation of the European Convention on Human Rights, there is reason to consider whether the limitations developed in the Convention case-law should also apply in Norwegian law. The question will then be whether the courts shall summarily dismiss a suit which, after a preliminary substantive assessment, is considered to be clearly unfounded. In that event, it is not a question of limiting rights that are already protected under Norwegian law, but of the degree to which they are to be extended. Thus no conflict with Article 53 of the Convention can arise either, as [the applicant] has argued.
(42) In the continuation of the passage I cited above from Proposition No. 3 (1998-1999) to the Odelsting, it is stated that '[the Ministry] will however obtain an assessment ... of whether the Code of Civil Procedure should be amended so that it is clearly evident from the statute when lawsuits concerning alleged breaches of human rights conventions are to be allowed and when they are to be summarily dismissed', and that the question was to be considered by the committee that was to be appointed to examine the Code of Civil Procedure with a view to its revision. The report of the Code of Civil Procedure Committee recommends that no substantive 'screening system' should be introduced for lawsuits concerning possible breaches of the Convention; see Norges Offentlige Utredninger (Official Norwegian Report – “NOU” 2001:32 page 201. On the other hand, the Committee points out that lawsuits that clearly cannot succeed could be decided by means of a proposed simplified court hearing. No such possibility exists in our current procedural system, but it will, if it is introduced as proposed by the Committee, largely satisfy the considerations regarding the saving of time and costs in legal proceedings that have been advanced as the main arguments in favour of a screening system.
(43) How the issue should be resolved in the current dispute seems uncertain. I find it natural to take as the point of departure the fact that Article 54 of the Code of Civil Procedure establishes by statute – while at the same time limits – the right to bring any declaratory suit before a court. In the absence of statutory regulation of the issue, it is my view that the relaxation of the statutory conditions for bringing a lawsuit that follows from the Convention cannot in principle go beyond what would be a direct consequence of the Convention and its incorporation into Norwegian law. Admittedly, some might object that it is foreign to Norwegian law to assess the merits of the claim in order to decide whether the case shall be heard. But the question concerns a right to take legal action that until now has not had a clear basis in Norwegian law.
(44) I would add that filing a suit such as the one at hand, which has aimed at halting the investigations of the child welfare services, could entail considerable disadvantages. It will draw resources away from the real functions of the child welfare services, and might make its work more difficult in situations where it is necessary to react without undue delay. This reinforces the need for a simple, rapid assessment of whether there is any substance at all in the plaintiff's claim. This concern will be met by applying the Convention's own rule of summary dismissal if the claim is not arguable.
(45) The consequence of my view is that the question of summary dismissal will depend on whether the suit, based on Article 8 of the Convention, must be considered manifestly ill-founded.
(46) I would add, however, that I have not thereby concluded whether the threshold for summary dismissal should be as low as that applied by the European Court of Human Rights. As emphasized by |
Mircea Zoltan | 17. On the evening of 20 September 1993 a row broke out in a bar in the centre of the village of Hădăreni (Mureş district). Rapa Lupian Lăcătuş and Aurel Pardalian Lăcătuş, two Roma brothers, along with another Rom, |
Temirzhanov | 19. On 3 March 2000 Lieutenant-General Shogenov, the Minister of the Interior of the Kabardino-Balkar Republic, forwarded a summary of the findings of an internal inquiry to a human rights activist who had lodged complaints on behalf of the applicant. The summary bore no date and was signed by Colonel |
Adam Makharbiyev’s | 40. On 5 March 2003 the first applicant again complained to the district military commander. She stated that her son and his two cousins had been abducted by servicemen from a military checkpoint on the way from Grozny to Gekhi; that after the abduction the men had been taken to the district military commander’s office, and that she and the second applicant had witnessed the events. She further provided a description of the abductors’ vehicles and pointed out that Mr L.M. and Mr I.M. had been released a few days after the abduction and that about a week later Mr L.M. had returned his car which had been taken away by the abductors; that when being released from detention Mr L.M. had mistakenly been given |
Carlo Giuliani | 115. The parliamentary commission next examined the various violent incidents and clashes which had taken place between the law-enforcement agencies and demonstrators on 19, 20 and 21 July 2001 (in particular during a search conducted in a school, described by the commission as “perhaps the most notable example of organisational and operational failings”). With specific reference to the death of |
Justitiekanslern | 18. This application was declared inadmissible by the Court on 21 May 2013 for non-exhaustion of domestic remedies. The Court found that the applicant had failed to lodge a claim with the Chancellor of Justice ( |
Tofiq Yaqublu | 38. At the trial hearings, Tofiq Yaqublu stated that he had arrived in Ismayilli at or shortly after 4 p.m. on 24 January 2013, together with journalists M.K. and Q.M. (see paragraphs 61 and 64 below) and another journalist. They parked close to a Unibank building located near the IDEA building. They saw a number of police officers in the area. There were also many journalists waiting to interview the head of IDEA. |
Rahmi Kızılçayır | 41. The witness, who is a resident of Gözeler, stated that since early October 1994, the TKP/TIKKO and the PKK had forced the Ovacık inhabitants to provide food and supplies, to shut down their businesses in the town bazaar and to organize separatist demonstrations. He added that upon the inhabitants’ non-compliance with those requirements, the terrorists had begun to burn down villages.
d) Witness statement of |
David Assanidze | 41. Mr Mamuka Mosiava said that he did not know the applicant and had never met him. He explained that he had merely caught a glimpse of the applicant when accompanying Mr David Assanidze to a meeting with him and had heard him instruct Mr |
Yunus Dobriyev’s | 13. On 25 December 2009 the four men listed in paragraph 11 above, together with the fourth applicant, arrived in St Petersburg from Ingushetia. They went to the flat rented by the second applicant and her husband, where they joined other members of the family. At about midnight the four men listed above left for |
Syngayevskiy | 40. In support of his submissions the first applicant presented a written statement from Mr Syngayevskiy, who had been detained in the same remand centre from 18 September 2000 to 19 January 2005, in particular in cell no 121. In his statement Mr |
Bekir Selçuk | 204. Some time, perhaps in 1996, on an evening before the general election, Mrs Beştaş was followed by Abdülhakim Güven and 2 gendarmes, one of whom was from the JITEM. She and her husband were then followed by other people. She contacted fellow lawyers and the Bar association, and talked to the Chief Public Prosecutor, |
the Bishop of Kitium | 15. On 21 July 1989 the applicant was again taken to court together with nine other people. He had no legal representation and no proper interpretation was provided. The interpreter had difficulties in translating some of the words and was occasionally helped by the television anchorman. One of the accused ( |
Hagge Geigert | 11. On 28 April 1999, following an amendment on 1 April 1999 to Chapter 5, section 1(2), of the Secrecy Act 1980 (sekretesslagen, 1980:100), the first applicant submitted a new request to the Security Police to inform her whether or not her name was on the Security Police register.
On 17 September 1999 the Security Police decided to grant the first applicant authorisation to view “seventeen pages from the Security Police records, with the exception of information about Security Police staff and information concerning the Security Police’s internal [classifications]”. Beyond that, her request was rejected, pursuant to Chapter 5, section 1(2), of the Secrecy Act 1980, on the ground that further “information could not be disclosed without jeopardising the purpose of measures taken or anticipated or without harming future operations”.
On 4 October 1999 the first applicant went to the headquarters of the Security Police in Stockholm to view the records in question. They concerned three letter bombs which had been sent in 1990 to Sveriges Radio (the national radio corporation of Sweden), to her and to another well-known writer ( |
Said-Rakhman Musayev | 9. According to Ruslan’s testimony, the truck travelled during the night, stopped several times and at dawn arrived at Khankala – the main Russian military base in Chechnya. The detainees were taken out and blindfolded with their own scarves or caps. They were then divided into two groups of 10 and 11 persons and ordered into two pits in the ground, 3-4 metres deep. The pits were covered with a metal and then a wooden sheet. In the same pit with Ruslan were |
Dzh. Khalilov | 45. On 14 June 2007 the first applicant again complained to the Dagestan prosecutor about his son’s disappearance. He stated that Ramazan Umarov had been arrested with the two other men on 28 April 2007, taken to the UBOP and had then gone missing. The applicant complained that since 2005 his son had been persecuted by the police, who suspected him of illegal activities, and described the phone calls received in May 2007 in connection with the abduction. The applicant further stated that he had gone to Gudermes to search for his son; that there he had met Mr M.Sh. and Mr U.U. who had driven around in a car with registration number B 192 OM 08 RUS and had promised to help him to find Ramazan, but in the end had advised him to find police officer |
Petros Kyriakou Kakoulli | 9. The applicants, Chriso Kakoulli, Andreas Kakoulli, Martha Kakoulli and Kyriaki Kakoulli, were born in 1944, 1969, 1972 and 1970 respectively. The first, third and fourth applicants live in Avgorou and the second applicant lives in Paralini. The first applicant is the widow and the other applicants are the children of |
Kenan Bilgin | 107. The witness stated that the operation carried out by the police against the TDKP between 12 September and 21 November 1994 was routine and had been undertaken on the basis of information and statements received. The police had relatively large numbers of files on persons who were in custody or had been convicted for belonging to illegal organisations. He said that |
Kenan Bilgin | 25. On 13 January 1995 the Ankara Principal Public Prosecutor, Özden Tönük, sent a letter to the Ankara public prosecutor’s office, which was in charge of the investigation. The relevant parts of the letter read:
“The Committee for the Prevention of Torture (CPT) interviewed prisoners in Ankara Prison who had been transferred from the anti-terrorist branch at the Security Directorate and who said that they had seen |
Lom-Ali Abubakarov | 113. On 30 January 2006 the investigators questioned Mr I.A., who stated that in September 2002 a group of Russian servicemen had been conducting a “sweeping-up” operation (“зачистка”) in Tsotsi-Yurt. The servicemen had been wearing camouflage uniform with the emblem of a bear on the sleeves. On 3 September 2002 the village had been fully blockaded by the servicemen. On the same day a group of servicemen had arrived at the witness’s house in an APC whose registration numbers had been obscured with mud. The servicemen had put him in a Ural vehicle and had taken him to the filtration point. |
Mehmet Selim Acar | 155. By a letter of 22 November 1995, the Diyarbakır Provincial Governor, Mehmet Doğan Hatıpoğlu, informed the Ministry of the Interior that an investigation into the facts alleged by the applicant had been carried out. The conclusions of this investigation were that |
Dalakishvili | 154. At the end of his shift, on coming across demonstrators outside the prison, Mr Dalakishvili learned that prisoners had been extradited. Given his position, he had been surprised that the authorities had not informed him so that, as was customary, he could inform the prisoners concerned on the day prior to their extradition. He explained to the Court that, under normal circumstances, a written, signed and stamped notification was sent to him by the head of the prison secretariat which managed the prisoners' personal files; Mr |
Rasul Tsakoyev | 50. On 17 November 2004 the investigators questioned police officers M.M., I.S., A.K. and V.L., who gave similar statements to the effect that on 29 September 2004 they had been the duty officers at the UBOP premises and that they did not recall anyone visiting their office and asking about |
Bayram Duran | 32. On 6 September 2000 the Denizli Assize Court gave its judgment in the case. In the judgment, the assize court noted that M.S. had retired from public service and the other accused were serving as police officers. The Denizli Assize Court acquitted A.Ş., A.Ç. and H.A. of the charges against them, holding that there was insufficient evidence to convict them since they had left the police station at around 7 p.m. on 15 October 1994 and since the applicant had visited |
Krunoslav Olujić | 21. On 28 March 1997 an interview with A.P., the then president of the National Judicial Council, entitled “Judges are appointed, but also created” was published in the same daily newspaper. The relevant parts of the interview read:
Question: “-The National Judicial Council has lately been mentioned in public mostly in connection with the ‘Olujić case’. What is the truth about the former Supreme Court President?
Answer: - The decision has been taken and reasons have been given in it. I don’t think that I have to explain a reasoned decision, everything was said in it. For me these proceedings are in the past.
Q: - However, for the sake of the public, which has received conflicting information about this case, could you be more specific?
A: - Since you insist, I shall just say that Dr |
Yuri Zdorenko | 50. Concerning the way the assembly of 6 May 2012 had been organised, the Expert Commission noted the following:
“... the Moscow Department of Regional Security announced on 4 May [2012] that the event would follow a similar route to the previous rally on 4 February [2012]. The participants were to assemble at Kaluzhskaya Square, set off at 4 p.m. along Bolshaya Yakimanka and Bolshaya Polyanka for a rally in Bolotnaya Square, and disperse at 7.30 p.m. The official notification of approval was issued on 4 May 2012 – just two days before the beginning of the event.
That same day, the [Moscow Department of the Interior] published a plan on its website indicating that all of Bolotnaya Square, including the public gardens, would be given over to the rally, while the Bolshoy Kamenny bridge would be closed to vehicles but would remain open to pedestrians. This was the same procedure [the] authorities had adopted for the two previous rallies on Bolotnaya Square on 10 December 2011 and 4 February 2012.
...
On the evening of [5 May 2012], the police cordoned off the [park] of Bolotnaya Square. According to Colonel |
Ramzan Saidov | 8. According to the applicant, between 4 p.m. and 5 p.m. on 10 August 2002 a group of fifteen to twenty men arrived at her house in a UAZ-459 vehicle with the registration number 31-42 CHI. The men were armed with automatic weapons and wore masks and camouflage uniforms. Some of them spoke Russian and others Chechen. They checked the family members’ identity papers and examined the amnesty certificate. Then they locked the applicant and her mother in the house, forced |
Nazlı Ilıcak | 6. In 2001 an article entitled ‘Turkey’s Constitutional Court problem in the light of its decision to dissolve the Fazilet [Virtue] Party’ written by the first applicant was published in Liberal Thinking. It read as follows:
“The Constitutional Court has finally delivered its judgment on the Fazilet Party at the end of a long period, which lasted more than two years, and has dissolved the party on the grounds that it had become ‘a hub of activity contrary to [the] principles of secularism’. As a result, the high court has decided that |
Khodorkovskiy | 69. On 30 July 2013 the applicant’s lawyer, S.V., submitted to the Cabinet of Ministers the matters for consideration when deciding on the applicant’s extradition. He stated, inter alia, the following:
“...the absence of guarantees about [the applicant’s] serving a sentence in the Republic of Latvia ... the service of a sentence thousands of kilometres away would constitute an identical violation as in the case of [ |
Abu Khasuyev | 44. On 5 April 2003 the military prosecutor of the United Group Alignment (the UGA) forwarded the applicant’s complaint that her son had been abducted to the military prosecutor of military unit no. 20102. On 16 and 22 May 2003 the latter informed the applicant that “[her] request did not contain any information concerning the involvement of military personnel in the abduction of |
Izabela Malisiewicz-Gąsior | 18. The appellate court stated:
“...The Regional Court based its judgment on the following findings:
In 1992 a strong conflict erupted between [M.K.] and her parents on the ground of her contacts with Maciej. [M.K.] regarded |
Ognjen Grubić | 13. On 6 November 2009 a three-judge panel of the Zagreb County Court extended the applicant’s detention for a further nine months, basing its decision on Article 109 § 2 of the Code of Criminal Procedure. The relevant part of the decision reads:
“By the first-instance judgment of this court of 21 April 2009 ... the accused, |
Aslan Ireziyev | 24. On 11 August 2003 the first applicant was granted victim status. The decision stated that the abduction had taken place on 7 May 2002. On the same date the first applicant was questioned again. He reiterated his previously given statement, stressed that the abductors had arrived in two APCs and then had taken his brother Mr |
Basna Rashid Omer | 31. The applicant was the wife of Mohammad Sheriff, who was allegedly killed under torture by the Turkish army between 2 and 3 April 1995. She stated:
“The day of the incident I got ready to go out to herd sheep with my husband and the other shepherds. We had heard that the Turkish army was in the area but we did not feel in danger. We went to do our work. I was going with my husband to the hills to herd the sheep. We all went together. I walked with the other women. We were walking along when the soldiers appeared in front of us. They came all around us and attacked us with their rifle butts and beat us.
They were shouting at us all the time they were beating us. Then we were told to go back to the village and the men were still with the soldiers. We saw the soldiers take our men towards the cave. There were seven men. We were four women. We went back to the village and told the rest of the villagers about what had happened.
I know that some of the men went and asked one of the Turkish army officers to let them bring the flocks of sheep back from the valley and petitioned the officer to release the men. Later that day the men also went to Anshki to the larger military base and asked the officer in charge to let our men go and to return the flocks of sheep, but they did not get any information about our men. The men were warned not to go looking for the shepherds.
The body of my husband was found the next day. His body was in pieces. He had been shot many times. I don't know why the Turks did this to him. He was an innocent man and we were on our way to herd our sheep. The Turks killed my husband and they also killed his four brothers [in a separate incident]. We had no trouble with the army and there was no reason to kill our men.
The body of my husband was brought to the hospital in Dohuk for medical examination. The Turks are gone now, but I am left with my children with no father. I do not know who to petition about the terrible things that have happened to us.”
(f) |
Ramzan Alaudinov’s | 23. The eighth applicant, Ramzan Alaudinov’s mother, approached an unidentified Chechen police officer who worked at the Oktyabrskiy VOVD. He confirmed to her that her son had been detained there. Another police officer, by the name of Rashid, suggested that the applicant return on 11 May 2000 with a gun, a sheep and money, and warm clothes for Ramzan. The eighth applicant took the items as proposed. According to the ninth applicant, |
Rustam Kagirov | 16. On 18 May 2009 the applicant complained of Mr Rustam Kagirov’s abduction to the Achkhoy-Martan District Prosecutor’s Office (the district prosecutor’s office) stating, amongst other things, the following:
“At about 6 p.m. on 17 May 2009 a group of armed men in camouflage uniforms stormed into our house. Threatening us with firearms, they had taken away my brother, |
Aslan Sadulayev's | 50. On an unspecified date in 2004 the applicant complained to the Urus-Martan town court (the town court). She sought a ruling obliging the district prosecutor's office to conduct an effective investigation of |
Ismail Dzhamayev | 9. According to the applicants, Mr Ismail Dzhamayev was apprehended in the following circumstances. In the morning of 6 March 2002 the first applicant asked him to go and see his uncle who lived in the same village and buy something for him in the village shop. When Mr |
Vladimir S. | 6. On 8 May 2002 Mr S., Mr B., Mr P. and Mr F. lodged an action for defamation against the applicant. They claimed that the following extracts from the article were untrue and damaging to their reputation:
“... In autumn 2001 a group of campaigners in Novovoronezh collected signatures for a vote of no confidence in |
I. Rassadina | 53. On 7 April 2008 the applicant's representative sent a letter to the Court alleging that following the communication of the case to the Government the applicant had been visited on a number of occasions by Ms |
Melanie Joy | 40. Shortly after the arrival of Police Constables Evans and Newton, Melanie Joy was approached by Kate Bellamy, a neighbour of Michael Fitzgerald, who was in the company of another neighbour, Amanda Parkin. |
Prince Albert II | 12. On the same day various Internet sites relayed the news. In France, information from the forthcoming Paris Match article was included in an article on the RTL radio station’s Internet site entitled “Le prince Albert II aurait un fils, silence au Rocher” (“ |
Georgios Hadjipanteli | 81. An affidavit dated 6 November 2007 by Lakis N. Christolou, a lawyer of the firm representing the applicants in this application, was submitted to the Grand Chamber. It stated that the son of the missing man, Mr |
Jean‑Luc Lagardère | 26. Ruling on the civil party claim, it quashed and annulled the judgment of the Court of Appeal solely on the issue of the capitalisation of the interest on the sums owed by J.-L. Lagardère’s heirs. On that occasion it noted that the Court of Appeal had “found |
Tohir Yo’ldoshev | 10. On 12 June 2012 the investigator at the Department of the Interior of the Andizhan Region of Uzbekistan charged the applicant with establishing, leading or participating in religious extremist, separatist, fundamentalist or other prohibited organisations (Article 244-2 of the Uzbek Criminal Code). The applicant was accused, in particular, of membership of a banned religious extremist organisation, “the Islamic Movement of Uzbekistan”, and a terrorist organisation, “O’zbekiston Islomiy Harakati”, between late 2008 and October 2009. According to the relevant investigator’s decision, the applicant, together with his brother and two other persons, “planned to destroy the constitutional order of Uzbekistan” and then “to create an Islamic State on the territory of Nizhniy Novgorod, Russia”. For these purposes they had moved to Russia and started to “study the ideology of the head of the terrorist movement, |
Umar Zabiyev | 52. According to the Government, it follows from the investigation file that on 10 June 2003 there was an armed confrontation between federal servicemen and a group of around ten insurgents in the vicinity of the village of Galashki, as a result of which two insurgents were killed and three wounded. An intelligence squad under the command of Lieutenant S.P. participated in the confrontation. In their submissions of 25 December 2007 the Government submitted that it had been impossible to either prove or refute the involvement of S.P. or other federal servicemen in the killing of |
Michał Plisecki | 19. The Court of Appeal found that the statement that Mr Kern had abused power was within the justifiable bounds of criticism since public opinion was particularly sensitive to all aspects of abuse of power, and the opinion about Mr Kern was given by a professional i.e. a lawyer; therefore, it did not require verification by the publisher. The allegation of abuse of power was also justified given the extraordinary actions undertaken by Mr Kern in a private matter. Following the case-law of the European Court relating to Article 10 of the Convention, a politician should show more tolerance when exposed to criticism than private persons. Then the court stated as follows:
“It is a different matter, however, with regard to the allegation that Mr Kern was a liar. It is obvious that this description does not have the character of a legal opinion. What is more, the context of the statement does not clarify in relation to what case the plaintiff was alleged to have lied. It was thus a generality suggesting regular untruthfulness on the part of the plaintiff. The explanations for this statement provided by Mr |
Isa Aytamirov | 60. Despite specific requests by the Court the Government did not disclose most of the contents of criminal case no. 42027, providing only copies of the decision of 20 February 2003 to institute an investigation; the applicants' relatives' complaint of 19 February 2003 about the abduction of |
Dimitry Kozak | 27. In 2001, the Communist Party were successful in elections and became the governing Party in Moldova. The new President of Moldova, Mr Vladimir Voronin, entered into direct negotiation with Russia over the future of Transdniestria. In November 2003, the Russian Federation put forward a settlement proposal, the “Memorandum on the Basic Principles of the State Structure of the United State” (referred to as the “Kozak Memorandum”, after the Russian politician, Mr |
Bekkhan Alaudinov | 53. The Government submitted that on unspecified dates the investigators had sent 33 queries to various State bodies requesting information as to whether these agencies had arrested or detained Bekkhan Alaudinov and whether any special operations had been conducted in respect of him. According to the responses received on various dates from the Urus-Martan ROVD, various district prosecutors’ offices and district military commanders’ offices in Chechnya, the military commander’s office of the security zone in the Urus-Martan district, departments of the Chechnya Ministry of the Interior (the Chechnya MVD) and the Russian Ministry of the Interior in the Southern Federal Circuit, the Urus-Martan district department of the Federal Security Service (the FSB), military unit no. 6779, military unit no. 90567, the head of the United Group Alignment (the UGA) in the village of Khankala, Chechnya, and the head of detention centre IZ-20/2 in Chernokozovo, Chechnya, |
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