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Bekman Asadulayev | 17. The Government submitted, with reference to the information obtained in the course of the investigation in criminal case no. 30012 (see below), that on 14 January 2004 unidentified armed men in camouflage uniforms had abducted |
Kazbek Vakhayev | 18. On 13 August 2000 the first and the second applicants and three relatives went to the Urus-Martan VOVD and waited there all day together with the families of the other detainees. At about 5 p.m. they submitted a parcel for |
Artur Bersunkayev | 74. According to a transcript of an interview with a former investigator of the Urus-Martan Division of the FSB, Mr A., on 17 June 2001 he had taken the decision to dispense with criminal proceedings against the applicant’s son, given that the latter had voluntarily ceded the pistol. Mr A. stated that he had not personally seen |
Anatolii Mihailovici | 6. On 4 April 2002 the official newspaper of the Moldovan Government, Moldova Suverană (“Sovereign Moldova”), published an article written by a historian and former deputy minister for education, S.N., headed “Commentary on Mr Petrenco's reply on the Internet” (Comentariul la răspunsul de pe Internet al domnului Petrenco). The article made negative remarks about the applicant's competence as a historian. It went on to suggest that the applicant's university place as a postgraduate student and his subsequent career as a historian were the result of his cooperation with the Soviet secret services. In particular, the article contained the following statements:
“That is, Mr Petrenco, it is not a political question but has to do with your 'feeble' memory or the lack of professional dignity.”
“But, you see, they did not properly understand this exorcising priest ...”
“... for his special merit (confirming the confidence of the AUCP (b)[1] – KGB[2]), [the applicant] was sent for postgraduate studies ...”
“... as a student, he excelled ... due to his 'special accomplishments' (he was a well-educated person who knew how to knock politely and respectfully at his superiors' doors: knock-knock-knock?!? [stuk-stuk-stuk][3]), and he became a member of CPSU[4] – AUCP (b) during his student years ...”
“...the Party once sent a 'Volga' especially for [the applicant] (how much faith did those from the CC – KGB have in comrade Petrenco |
Sergey Lykov | 53. On 27 October 2009, at the close of an internal investigation into the police officers’ conduct, the Internal Security Service of the Voronezh regional department drew up a report; its conclusions can be summarised as follows: referring to the decision of 21 September 2009 (see paragraph 17 above), the regional department considered that |
Radmir Arbekov | 77. Immediately after the arrest, the first applicant went to the Azeri market and the Urus-Martan district military commander’s office but his arrested relatives were not there. Then he went to the district prosecutor’s office, where he was told that the two men had been taken to the IVS at the Urus-Martan ROVD. In the evening, an official from the local administration confirmed this information to the second applicant, adding that both young men would be released as soon as they had had their fingerprints checked. Mr |
Ion Anuşca's | 22. That decision was cancelled by the Prosecutor General's deputy on 16 January 2008, who noted that neither the photographs taken during the forensic examination of the body nor the camera film had been added to the investigation file. Nor had any more information been retrieved about |
İhsan Haran | 13. On an unspecified date one of the applicant’s brothers and a paternal cousin joined the PKK. At that time the applicant and İhsan Haran approached the Lice public prosecutor’s office and told the prosecutor that they were not in the least responsible for anything the brother and the cousin did and that the brother and the cousin had become involved in the PKK without the knowledge of the applicant or |
Rizvan Aziyev | 48. On 25 November 2009 the investigators questioned the applicants’ neighbour Ms R.M. whose statement was similar to the applicants’ account submitted before the Court. In addition, she stated that the abductors had spoken Chechen and that she had subsequently learnt from the first applicant that when the abductors had arrived at their house, Mr |
Grande Stevens | 29. Mr Grande Stevens further noted that the CONSOB had accused and punished him for being involved in publication of the press release of 24 August 2005 as the executive director of Exor. Before the CONSOB, he had argued unsuccessfully that he did not have that role and that he was merely a lawyer and consultant for the Agnelli group. Before the appeal court, Mr |
Fevzi Aydın | 27. On 4 June 1994 the Yığılca gendarmerie took statements from 13 persons who claimed to have seen three luxury cars travelling in the direction of the spot where the bodies were later found. One of these witnesses, |
Bashir Velkhiyev | 15. According to the applicants, after the servicemen left together with the first applicant and Mr Bashir Velkhiyev, the second applicant discovered that they had taken money in the amount of 12,000 United States dollars (USD) and 40,000 roubles (RUB) that was kept in the wardrobe. The servicemen also took Mr |
Khamidkariyev | 77. On 9 July 2014 the investigative authority decided to open a criminal investigation into the applicant’s kidnapping. The decision described the events as follows:
“On 9 June 2014 at about 7 p.m. persons who have not been identified by the investigation, acting jointly and by common accord, approached a car which has not been identified by the investigation parked near house no. 7/2 at Bolshoy Kharitonyevskiy Lane in Moscow, in which Mr |
Bahri Üstüner | 38. Gendarme Major Yüksel Sönmez informed the Chief Public Prosecutor that the houses belonging to Reis Toprak, Kamber Çelik, Veli Çelik and Süleyman Toprak in Halitpınar village and in Toprak hamlet had been burned down by terrorists wearing military uniforms. In his opinion, the terrorists aimed at pacifying the security forces and creating hostility between the latter and the people in the region.
(d) Investigation report of 4 June 1995, prepared by police superintendent |
Fadime Özkan | 129. It transpires from the case file that despite the dismissal of their prior claims, the following applicants (List B) failed to apply to the administrative courts: Ms Songül Garip, Ms Hayriye Kesgin, Ms |
Magomed Cherkasov | 232. On 6 February 2009 several eyewitnesses to the abduction were questioned by the investigators. Mr Sh. M. told the investigators that at about 5 p.m. on 30 April 2001 he had been in the courtyard of his house when he had seen |
Arkady Sisojev | 45. As matters stand, the applicants are resident in Latvia without valid residence permits. According to the information supplied by the applicants, which has not been disputed by the Government, Svetlana Sisojeva has been unemployed since 1992. |
Hüseyin Koku | 51. The Chief Public Prosecutor further referred to a statement taken from Ahmet Güzel, Fatma Koku’s brother, by the Pötürge Prosecutor on 28 April 1995. According to this statement, Mehmet Çolak, the father of C.E., had told Mr Güzel on 22 October 1994 that, “... they fucked him up and got rid of him ...”. This had been understood to be a reference to |
Kamil Menteşe | 28. The Government maintained that investigations were initiated to find the perpetrators of these killings. In this respect, they referred to the correspondence between the Lice public prosecutor and the Lice Gendarmerie Command. Copies of several letters, written by the prosecutor to the gendarme commander, asking the commander to conduct an investigation into the killings of |
Khodorkovskiy | 13. The presenter then asked the applicant about the relationship between the Moscow City Bar and the Ministry of Justice, implying that it was rather strained. The applicant denied that any tension existed and added:
“I have to say that we have now examined the matter of lawyer A. There was no attempt to pass any note from Mr |
Ayub Murtazov | 10. Later the same day the FSB servicemen transferred Ayub Murtazov to the police. He was kept in the temporary detention facility of the Naurskiy District department of the interior. The police opened a criminal investigation into the discovery of the explosive materials. At some point |
A. P. Akhmadov | 47. On 19 March 2004 the Military Prosecutor’s Office of the UGA suspended the investigation. The decision read, in particular:
“During the period from 6 to 13 March 2002 servicemen from the internal troops of the Ministry of the Interior and the Ministry of the Defence, officials of the Ministry of the Interior and the FSB conducted a special operation in the village of Stariye Atagi... aimed at the identification, arrest and extermination of members of an illegal armed group and the search for four servicemen of the FSB who had gone missing.
...
During the period when the special operation was being conducted unidentified persons in camouflage uniform accompanied by cars and armoured vehicles abducted [the following] residents of Stariye Atagi: |
Barış Kalkan | 27. When the policemen entered Barış Kalkan’s flat to arrest Aydın, he tried to escape but lost his balance and fell, hitting a wall in the process. He was arrested at the entrance to the building. A false identity card was found on him. This version of events was confirmed by |
Kerdikoshvili | 148. Returning to the prison's administrative wing, Mr Chikviladze saw that the director of the Prisons Department was already there, together with about ten or so other people. He was then officially informed that four prisoners were to be removed with a view to their extradition. A vehicle was apparently ready in a neighbouring courtyard and the airport authorities had been informed. Accompanied by the director of the Prisons Department, the prison governor and their deputies, the wardens again gathered in front of the cell. The prison governor entered first, with four sealed files under his arm, one for each of the prisoners affected by the extradition order. The others followed him into the cell. According to Mr |
Georgios Asproftas | 8. The applicant claimed that his home had been in Trypimeni, a village in the District of Farmagusta (northern Cyprus). He had lived there with his parents, who ran a grocery store, and six siblings in a house with a yard (covering an area of 532 square metres), registered under plot no. 81, sheet/plan 13/40 and owned by his father. On 7 September 1999, the applicant's father transferred ownership of this house to Mr |
the Minister of the Interior | 15. Oxana Rantseva arrived in Cyprus on 5 March 2001. On 13 February 2001, X.A., the owner of a cabaret in Limassol, had applied for an “artiste” visa and work permit for Ms Rantseva to allow her to work as an artiste in his cabaret (see further paragraph 115 below). The application was accompanied by a copy of Ms Rantseva’s passport, a medical certificate, a copy of an employment contract (apparently not yet signed by Ms Rantseva) and a bond, signed by [X.A.] Agencies, in the following terms (original in English):
“KNOW ALL MEN BY THESE PRESENTS that I [X.A.] of L/SSOL Am bound to |
Kozarezov S. | 36. On 15 March and 17 March 2004 privates Pribylov V. and Nikitin D., carrying out their mandatory military service in military unit no. 52157 since November 2003, submitted that by the time they joined the battery M.P. had already left for the kennels. Their subsequent statements were identical to those given by the witnesses Shkola V., |
Saakashvili | 56. According to the applicant, the events which came after the speech of Mr Saakashvili, who was elected President of Georgia in January 2004, were as follows: the son of Zurab Ts. immediately resigned as deputy chairman of the CAA, the applicant was placed under investigation in March 2004 on the aforementioned charges and the same Zurab Ts. was re‑elected to parliament from Mr |
İsmail Yılmaz | 6. On 24 October 1967 the authorities adopted a new local construction plan (imar şuyulandırması) and decided to merge plots nos. 8, 9, 10, 11, 12, 13, 14, 15 and 16 and to register them as plot no. 24 in the İncesu neighbourhood in the Çankaya district of Ankara. Previously the applicants’ predecessors had been the owners of plot no. 9. Following the implementation of the said plan, the applicants’ predecessors had kept a share measuring 480 square metres on plot no. 24 (which measures 5280 square metres in total), and owned a two-storey house on the plot in question. Given that the aforementioned decision designated plot no. 24 as a school area and indicated that the buildings on this plot would be expropriated, the applicants’ predecessor, Mr |
Irina Plotnikova | 9. On the dates listed in the Appendix the domestic courts found, in respect of each applicant, with reference to the State Commodity Bonds Act of 1995 as amended on 2 June 2000 (see paragraph 19 below) that the State could not be absolved from an obligation to compensate them the full value of the cars. In particular, in the case of Mrs Sizintseva the Supreme Court of the Republic of Sakha (Yakutiya) held as follows:
“In accordance with the State Commodity Bonds Act of 1 June 1995 the State commodity bonds, including the special-purpose settlement orders, were to be recognised as the State internal debt. [...]
The State has not complied with its obligation to provide [the applicant] with a car as specified in a special-purpose settlement order.
Article 55 of the Constitution [...] stipulates that in the Russian Federation no laws shall be adopted cancelling or derogating human rights and freedoms.
Therefore, the Federal law of 2 June 2000 amending the [State Commodity Bonds Act of 1995] cannot be regarded as well-founded and lawful insofar as it provides for the payment of the compensation in the amount equalling to a part of the car's value specified in the special-purpose settlement order.
These [amendments] do not comply with the constitutional principles [cited above]”
The court accordingly refused to take account of the amendments of 2 June 2000 and chose to apply the price scale for the cars to be purchased under the settlement orders as in force on the date of delivery of the judgment. Similarly, in the case of Mr Titov the Mirninskiy Town Court held on 16 October 2001 that the amendments introduced by the Federal Law of 2 June 2000 “constituted an interference with the citizen's rights to receive a car” and “contradicted to Article 55 of the Constitution”. When determining the claim by Mrs Gladkova, the first instance court reached a similar conclusion and ruled that the amendments in question were adopted “in violation of [...] the Constitution, the Civil Code and the State Commodity Bonds Act of 1995”. In the case of |
Musa Elmurzayev | 7. The second and third applicants are the parents of Mr Apti Khasanovich Elmurzayev, born in 1969, Mr Musa Khasanovich Elmurzayev, born in 1956, and of the first, fourth, fifth and twelfth applicants. The sixth applicant was the wife of |
Sperschneider | 47. In a reply of 17 May 2001 the applicants said that the Youth Office had systematically sought to separate them from their children for good, whereas the opinion of the majority of the experts had been that separation could only be temporary and that the children needed their family of origin. They added that if the experts considered that contact of one or two hours a month under strict supervision was sufficient, then the expert evidence was of little value. Lastly, Ms |
the Head Nurse of the Home | 37. The second applicant objected to the psychiatric report in her written submission to the I. Municipal Court, arguing that it was based on five‑year‑old medical documentation and a twenty-minute observation by the psychiatrist and that the conclusions of the report were therefore superficial, imprecise and untrue. She maintained that the first applicant could pronounce words, had good hand movement and was able to sit and dress with help. She also claimed that the psychiatrist saw the first applicant in the afternoon, when the first applicant was tired and drowsy, under the influence of medication and alarmed by the presence of an unknown person and of |
Panait Sârbu | 38. The Government replied that on one hand, the applicant’s assertions were too vague and unsubstantiated, and on the other hand, that she had not acted with specific diligence to transfer her embryos from Prof. Dr. |
Babar Ahmad | 20. The first applicant was arrested in London on 5 August 2004. On 23 March 2005, the United States Embassy in London issued Diplomatic Note No. 25. Where relevant, the note provides:
“Pursuant to Article IV of the Extradition Treaty Between the Government of the United States and the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of the United States hereby assures the Government of the United Kingdom that the United States will neither seek the death penalty against, nor will the death penalty be carried out, against |
Saidkhasan Dangayev | 52. The Government submitted that the applicants had not informed the investigators that at the material time the Staropromyslovskiy district of Grozny had been under curfew which had prevented the transportation of |
Tahsin Acar | 151. İlhan Ezer declared:
“I live in the village of Üçtepe. I do not share any property with Mehmet Salim Acar, but we have a cotton field in the village of Ambar. We planted cotton in the same place as him. I do not know his brother |
Mehmet Özdemir | 15. The Diyarbakır public prosecutor (“the prosecutor”) commenced an investigation into the disappearance of Mehmet Özdemir. The prosecutor requested the Diyarbakır Security Directorate to inform him whether |
Said Nursi’s | 32. On 28 April 2010 the court-appointed experts delivered their joint report, finding as follows:
“The book ‘The Tenth Word: The Resurrection and the Hereafter’ from the Risale-I Nur Collection by Bediüzzaman Said Nursi, 2005 edition, is a popular exposition of the Qur’an. Its aim is to acquaint the reader with |
Celal Yalçıtas | 8. According to the applicants, however, they were all arrested at 11.00 p.m. on 11 May 1996. Ülkü Doğan, the first applicant, was arrested by members of the anti-terrorist department when he was on his way home, |
Cooke of Thorndon | 36. Lord Mance observed (at paragraphs 133 to 136) that:
“... Gateway (b), as expressed in paragraph 110 in Kay was, as I see it, phrased so as to exclude any direct application of the Convention rights or of the Strasbourg Court's test of proportionality, and to confine attention to common law grounds for judicial review, informed though they may increasingly be by ideas of fundamental rights: see also per Baroness Hale of Richmond at paragraph 190 and Lord Brown of Eaton-under-Heywood at paragraphs 208-211, and contrast the approach of the minority as set out in paragraph 39 of Lord Bingham of Cornhill's speech in Kay.
The general distinction which thus emerges is recognised and described in R (Daly) v. Secretary of State for the Home Department [2001] UKHL 26 ... per Lord Steyn (para. 27) and Lord |
Apti Zaynalov | 41. Following the institution of criminal proceedings into Mr Apti Zaynalov’s disappearance (see below), Mr S. Kh. had been questioned as a witness on 23 September and 15 December 2009. He had confirmed his previous statements and had informed the investigator that on 2 August 2009 his son, Mr Z. Kh., had left for an unspecified European country. Mr S. Kh. said that he had preferred it this way as he had been worried for the latter’s safety. Later his other son, Mr Sh., had also left the Chechen Republic. He had also stated that he had not known of Mr Z. Kh.’s acquaintance with Mr |
Orhan Ertaş | 31. On 6 January 1994 prosecutor Tanju Güvendiren charged Ali and Orhan Ertaş with politically motivated murder of the applicant's parents and brother Orhan, under Articles 31, 33 and 448 of the Turkish Penal Code and Article 13/2 of the Law No. 6136.
On 21 January 1994 the State Security Court instructed the Mazıdağı Court of First Instance, inter alia, to take statements from Ali and |
Mahmut Nalbant | 11. In 1972 twenty-six persons including Mahmut Nalbant (hereinafter “the plaintiffs”) filed an action with the Lüleburgaz Cadastre Court and requested the latter to set aside the decision of the Land Registry Commission. The date of petition submitted by |
Barış Avşar | 7. On 1 September 1997, as editor of the newspaper Günlük Emek (Everyday Work), the applicant published in issue number 297 an article entitled “Giving the conscripts a send-off, and collective memory” (Asker uğurlamalar ve toplumsal hafıza) signed by |
Said-Magamed Tovsultanov | 12. The Government did not challenge the facts as presented by the applicant. At the same time they submitted that she had not witnessed the events and had obtained the information from third persons, that the body of |
Salman Mazı | 78. In addition to his written statement he had made a deposition in prison in which he had stated that he could identify the police officers who had dragged Kenan Bilgin back to his cell. The same officers had undressed his wife before his eyes and he was certain he would recognise them.
(i) |
St John Stevens | 37. The applicant subsequently appealed to the Privy Council. On 27 March 2006, the Board dismissed the appeal by a majority of three judges to two. Delivering the leading judgment for the majority, Lord Rodger of Earlsferry concluded that:
“15. ... while Mr McGrath specifically acknowledges that from the outset the appellant’s position was that he disputed making the statement to the police officers, Mr |
Apti Dombayev’s | 185. It appears from the case file that between 2003 and 2009 the applicants and their relatives complained to different authorities, asking for assistance in their search for Apti Dombayev. Following their complaints they were informed that the investigation was in progress and all the necessary measures were being taken to establish |
Sidsel Rogde | 70. The applicant submitted two expert opinions, one dated 29 August 2001 by Dr I. Szentmariay, a forensic pathologist practising at the Institute of Forensic Medicine at Semmelweis University in Budapest (Hungary), and the other dated 10 March 2005 by Professor |
Hintersteininger | 19. On 18 November 2002 the Vienna Court of Appeal, following an appeal by Dr. G., quashed that decision. The relevant part of its decision reads as follows:
“In acting on a request for service, the State to which the request is made is exercising sovereign powers. This applies even if the court documents in question are addressed to that State and the authority responsible for acting on the request for assistance (in this instance the Department of State) refuses to forward them to the authority empowered to represent the State in private-law proceedings (in this instance the Department of Justice). This is not a case of refusal to accept service (§ 20 of the Service Act) but rather a case of refusal to comply with a request for legal assistance. Such refusal is a sovereign right of the foreign State, against which a remedy can be sought only through diplomatic channels ...
The Supreme Court endorsed this legal stance (8ObA 201/00t), stressing that, as international law currently stands, compliance or refusal to comply with a request for legal assistance is to be regarded as a sovereign act, irrespective of the subject-matter of the claim. The nature of the act is the defining factor. It is beyond doubt that the service of documents in court proceedings falls within the scope of so-called acta iure imperii and not acta iure gesionis, as a private individual cannot perform an act of this nature. Although negotiations have been in progress for some time on an international agreement concerning service of process on foreign States (which might make it sufficient for the action to be served on the country’s foreign ministry), no such agreement has to date been concluded, with the result that the issue remains unregulated by any treaty between Austria and the United States.
In a commentary on this decision, which had been published in JBl 2002, 57, |
Mazniashvili | 20. On 7 April and 18 June 2005, the applicant submitted written comments in reply to the Ajarian prosecutor's request for quashing. He argued that the prosecution authority, being a party to the confiscation proceedings, had learnt of the decision of 18 November 2004 in the course of the Supreme Court's hearing of 17 January 2005 at the latest. Consequently, the Ajarian prosecutor's request for quashing was belated, as provided by Article 426 §§ 1 and 2 of the CCP. He further noted that the |
A. Hajibeyli | 19. On 6 June 2007 the Court of Appeal dismissed the appeal and upheld the first-instance court’s judgment. The appellate court was silent as to the first applicant’s particular complaints relating to the breach of his right to freedom of expression. It further appears from the transcript of the Court of Appeal’s hearing held on 6 June 2007, which was submitted to the Court by the first applicant, that the representative of the ABA, I.K., again stated at the hearing that the members of the Presidium had considered that the first applicant should not be admitted to the ABA because of his stance on the functioning of the ABA. His statement reads as follows:
“I.K.: You [the first applicant] have the transcript (stenoqram). After the examination of your documents, you were questioned by the Presidium, which then unanimously decided that |
Ermias Berhane | 17. Following the revolution which broke out in Libya in February 2011, forcing a large number of people to flee the country, the quality of contact between the applicants and their representatives deteriorated. The lawyers are currently in contact with six of the applicants:
(i) Mr |
Timur Beksultanov | 7. On 7 July 2003 the prosecutor’s office of the Achkhoy-Martan District (“the district prosecutor’s office”) opened a criminal case against Timur Beksultanov under Articles 205 § 2 (terrorism), 208 § 2 (participation in an illegal armed group), 222 § 2 (aggravated possession of weapons) and 317 (assault on a law-enforcement officer) of the Criminal Code (“CC”). The case file was assigned the number 44050. It appears that |
Mehmet Safi Aranacak | 78. The incident was described as an armed clash with members of the PKK, which took place on 13 January 1994. It was stated that three Boyunlu village guards set out for Kaforme hill where they came across a group of seven to eight terrorists. A clash occurred during which |
Joseph John Edwards | 10. On 10 September 1975 a fresh requisition order concerning the same tenement was issued to Mr. Charles Edwards. The authorities instructed that family P. be allotted both floors. The housekeeper, who was in correspondence about the matter with the applicant (Mr |
Chichek Mammadova's | 30. On 20 July 2005 the investigator requested an expert opinion on Chichek Mammadova's mental condition prior to her death and how it might have affected her actions leading to the suicide. In an expert opinion of 10 August 2005 an expert psychiatrist, having studied |
Ibragim Uruskhanov | 78. On 5 October 2006 the investigators questioned Mr Z.T., who stated that he was a friend of Ibragim Uruskhanov. About a month prior to the abduction Ibragim had returned to Urus-Martan from his temporary residence in Ingushetia. Some time later the friends had met and the applicant’s son had told the witness that he had seen his own photograph on public display in Urus-Martan. According to the witness, |
Wedam-Lukić | 10. On 22 May 1997 the applicants lodged a constitutional appeal with the Constitutional Court (Ustavno sodišče). In their appeal, they made no reference to Mr Ude's opinion.
On 1 April 1998 Mrs Wedam-Lukić was appointed as a justice at the Constitutional Court.
On 24 March 2000 the Constitutional Court declared the appeal inadmissible as manifestly ill-founded. Mr Ude was the president of the three-judge bench which examined the admissibility of the case and Mrs |
Pereslavl-Zalesskiy | 19. On 30 October 2000 the applicant received a letter informing him of the decision dispensing with a criminal investigation into the alleged ill-treatment. On 2 November 2000 he lodged a complaint with the prosecutor of |
Legal Services | 20. Lord Hope went on to examine the factors which would have had to have been taken into account when considering whether to prosecute the applicant by court-martial in Germany or by jury trial in England:
“The timing of any consideration of the matter by the Director of Public Prosecutions would, in my view, have been of critical importance to a decision as to whether there was any unfairness in this case which might be said to render the conviction unsafe. It cannot be assumed that the Director would have been willing to take proceedings in England without knowing more about the factors which he would have wished to take into account. One obvious factor, I would have thought, was the availability of witnesses. In his letter of 14 June 1994 to the Attorney General the Director of Army |
Abdulkhanovs | 41. On 5 February 2000 at about 11 a.m. four servicemen came into the applicants' house. They were aged about 25-30. They greeted the applicants, checked the passports and left. The fourth applicant then decided to visit her husband's relatives, the |
Akhdan Tamayev | 194. On 5 March 2001 the district prosecutor’s office decided to transfer the investigation to a military prosecutor’s office, given that servicemen had been involved in the abduction. Referring to witness statements, the decision stated that Mr |
Nergiz Özer | 22. The Human Rights Association of Turkey released a report on 27 January 2005 on the killing of the applicants’ five children. It was stated in the report that the authorities had refused to hand over the bodies of |
Aydın Kişmir | 45. The Prosecutor and the doctor had regard to an arrest report drawn up at 6 a.m. on 6 October 1994 in relation to the arrest of Aydın Kişmir. This report was also not made available to either the Commission or to the Court. It appears from the summary of this report, which was reproduced in the autopsy report, that |
Enver Uysal | 90. On 25 November, while he was in the canteen, he had been informed by Master Sergeant Yusuf Karakoç, the duty officer at the interrogation centre, that Yakup Aktaş had fallen ill. He had ordered a vehicle and had informed Colonel |
Ayub Takhayev’s | 27. On 25 March 2003 the military prosecutor’s office of military unit no. 20116 informed the first applicant of the outcome of the inquiry conducted at her request. The inquiry had established that military personnel had not been implicated in |
Ramazan Umarov | 49. On 27 June 2007 the investigators also questioned Mr A.B., the head of the Special Task Unit (the OMON) of the Sovietskiy ROVD, who stated that he had participated in the special operation on 28 April 2007, as a result of which two men had been arrested. According to the witness, |
Hüseyin Başbilen | 38. Following an instruction received from the Ankara public prosecutor, the anti-terror branch of the Ankara police headquarters sent a list of names and email addresses found on Hüseyin Başbilen’s computer to the Istanbul police headquarters. They asked the latter to carry out an examination of the files of the military espionage and Ergenekon[1] investigations with a view to determining whether those names and the deceased’s name appeared therein. On 14 April 2011 the deputy director of the Istanbul police headquarters sent a report prepared by three police officers according to which some of those names, including |
Eva Domiková | 4. The first applicant, Mrs Darina Solárová, was born in 1952 and resides in Košice. She is the wife of the second applicant, Mr Juraj Solár, born in 1947 and resident at the same address in Košice. The third applicant, Mrs |
Shaaman Vagapov | 101. The case file does not contain a copy of the applicant’s first complaint about the abduction of Shaaman Vagapov. However, it follows from a copy of the applicant’s complaint to the Special Envoy, dated 29 July 2000, that she reported her husband’s abduction at 2 p.m. on 23 February 2000 to the temporary department of the interior of the Grozny District (“the Grozny District VOVD”), but no action was taken despite her repeated and numerous complaints. Moreover, a copy of her complaint to the General Prosecutor’s Office of the Russian Federation (“the General Prosecutor’s Office”), which was received by the latter on 19 October 2000, reads in the relevant parts as follows:
“... During [the past] 6-7 months I have been writing numerous complaints about the fact that on 23 February 2000 my husband, |
Yusuf Ekinci | 85. On 28 February 1996, the brother of Yusuf Ekinci, Tarik Ziya Ekinci, and the lawyer Tahsin Ekinci wrote to the President of Turkey voicing their continuing concerns and suspicions, and complaining that the investigation into the killing of |
Stavitskaya | 23. A letter from the Prosecutor General’s Office of Tajikistan dated 18 November 2010 (see paragraph 35 below) enclosed the statements of nine individuals who had previously given statements to Mr B. or to Ms |
Tayfun Üstün | 17. On 27 December 1995 the Court of Cassation decided:
- to uphold the first-instance court's judgment in respect of 13 of the applicants (Baha Çetintaş, Yılmaz Ergül, Mehmet Üresin, İbrahim Arslan, |
Said-Rakhman Musayev | 7. The applicants submitted that on 10 December 2000 a large-scale sweeping operation (“zachistka”) had taken place in the three neighbouring villages of Raduzhnoye, Pobedinskoye and Dolinskiy, situated about 25 kilometres north-west of Grozny. The operation was carried out by 60 to 70 armed men wearing masks and camouflage uniforms, in a convoy of military trucks and armoured personnel carriers (APCs) with obscured number plates. On that day a total of 21 men were detained in the three villages, including three relatives of the applicants: |
Ayubkhan Magomadov | 18. On an unspecified date the Chechnya Department of the Interior issued a notice which stated that Ayubkhan Magomadov had been detained on 2 October 2000 by officer R. of the Oktyabrskiy VOVD, accompanied by the staff of the Kurchaloy district department of the FSB, on suspicion of having committed a crime. The detainee had been delivered to the Oktyabrskiy VOVD, where he had been checked and it had been established that he had no involvement in the crime. |
Musa Temergeriyev | 74. According to the applicants, in the morning Ms Estamirova, a member of the NGO Memorial, managed to speak to the commander of the regiment over the phone. The man confirmed that Musa Temergeriyev had been brought to and registered at the grounds of the military unit. In the evening Ms Estamirova passed through the checkpoint and spoke to two servicemen. They explained that |
Abdullah Öcalan | 17. On 10 December 2003 the Üsküdar Post-Sentencing Judge upheld the Prison Disciplinary Board’s decision. The judge held that the letter had been written as propaganda in favour of the PKK terrorist organisation and its leader, because it contained allegations that |
Kheda Lechayevna Basayeva | 7. The applicants in case no. 15441/05 are:
1) Ms Malayka (also spelled as Malika) Adamovna Basayeva, born in 1956,
2) Ms Nura Basayeva, born in 1937,
3) Ms Limon Lechayevna Basayeva, born in 1979,
4) Ms |
J.D. Cummins | 61. With regard to the role of the DSO, the IPCC stated:
“20.77 The order given by Commander DICK was to stop the suspect getting onto the underground station and subsequently the underground train. When interviewed she was asked to explain the word ‘Stop’ and her response was that ‘Stop’ is a common word in policing terms and it was meant as ‘stop and detain’. This opinion is supported by DCI C and Trojan 80 and 84. 20.78 However, the way the order was received by [SO19] must be considered. Following a full briefing, many of the [SO19] officers have described that they believed that they would have to confront a suicide bomber. The [SO19] officers have stated that they believed the man being followed on the bus had been identified as one of the suspects for the failed bombings on 21 July 2005. They had been in a situation of trying to ‘Catch up’ with the surveillance team since their briefing had finished. And as they approached STOCKWELL underground station they hear that the suspect had entered the underground station and they received an order to stop him getting on the underground train. I do not believe that the use of the word ‘Stop’ can be related to normal policing duties. With the mind-set of the [SO19] officers believing that a suicide bomber had entered the underground station, to receive such an order to stop him from DSO cannot be related to normal duties. They had not had the benefit of a rider to their briefing of the sort to which I refer at paragraph 20.8. If they had received such a briefing they might have been more cautious in the way they approached and dealt with Mr DE MENEZES.
... ... ... 20.82 I [Senior Investigator |
Neşihat Matyar | 37. At about 16.00-17.00 hours on the day of the incident, there were gunshots near Ormandışı. She was in front of the house. Bullets began to hit the house. Soldiers and village guards from Boyunlu arrived and began to set the village alight, firing haphazardly in all directions. Everything they fired at burst into flames. They set alight the wheat and then again raided her house. They entered her house and took them all outside. They broke and burned the fridge, TV, radio-cassette player, butter maker, curtains, quilts, mattresses, rugs and kitchen implements. They set the house alight and meanwhile insulted and threatened them. They told them to leave the village or they would kill them all. They also burned crops and shot up the farm equipment. After the incident, the family moved to Silvan.
Statement by |
Zhamalayl Yanayev | 12. The applicants and other members of Mr Zhamalayl Yanayev’s family learnt of his detention when he failed to arrive in Moscow. They immediately contacted the airport authorities in Beslan, prosecutors’ offices and other law-enforcement agencies. On 2 January 2005 the second applicant went to Beslan airport and spoke to the head of the airport police. The latter told her that her husband was not on a wanted list and that on 28 December 2004 he had checked in for his flight. He claimed that he had been absent at that time. After his return, his subordinate officers had informed him that unidentified persons had called the airport authorities requesting that Mr |
Shamil Basayev | 94. On 8 December 2004 the investigator took a decision to formally identify Shamil Basayev as an accused in case no. 20/849, having described in detail the events of 1 September 2004 as established by the investigation and having also stated that |
Markha Gakayeva | 71. Between 7 a.m. and 9 a.m. that morning an armoured personnel carrier (“APC”) with the registration number 110 appeared at the market. It was accompanied by two other vehicles: a Ural truck and a UAZ all-terrain vehicle. A group of servicemen wearing camouflage uniforms and masks and armed with machine guns disembarked from the vehicles. The servicemen detained several persons, mostly women, put sacks over their heads and loaded them into the APC. |
Adam Ilyasov | 7. According to the first applicant, on 15 November 2002 at around 6 a.m., when she was at home with her daughter and son, Mr Adam Ilyasov, armed servicemen of the Russian federal forces approached the Ilyasovs’ house in three armoured personnel carriers (APCs) with licence plates covered with mud. They were wearing masks and uniforms without any insignia. They were armed mostly with small arms and some of them had portable radio transmitters. The servicemen broke into the house and smashed everything inside: they broke doors, tore out window frames, turned the furniture upside down, scattered things everywhere and broke the windows of Mr |
Kharun Vezirov | 70. At about 4 a.m. on 7 July 2003 a group of about ten servicemen arrived at their house in several UAZ vehicles and a GAZEL minivan. The servicemen, who were armed and in camouflage uniforms and masks, checked the identity documents of the family members and then dragged Mr |
Magomed Dokuyev | 15. When the first applicant removed his blindfold he realised he was in an old brewery building between Shali and Novye Atagi. He climbed out of the building, hitched a lift and returned home the same day. There he found out that he and his son were the only two men detained in the village on that day and that his son had not returned home. The family has had no news from Mr |
Sharpudi Visaitov | 52. The Government in their observations did not dispute most of the facts as presented by the applicants. They stated that it had been established that at about 4 a.m. on 22 December 2001 unidentified armed men wearing masks had taken |
Galina Borisovna Baskova | 7. On 17 January 2003 the newspaper published an article by the applicant under the headline “A year later they impounded the car” («Через год арестовали автомобиль»). The article was prompted by the following letter written by a Ms P. and reproduced in italics in the opening passage of the article:
“On 22 September 2001 my husband... had a traffic accident. Ms |
Nermin Karabulut | 28. On 7 December 2007 the Sivas Assize Court considered that the gendarmes had exceeded their powers on the use of firearms by firing at Nermin Karabulut's back rather than at non-vital parts of her body. The Assize Court also considered that alternative and non-lethal methods could have been employed by the gendarmes to catch |
Mehmet Ünlü | 7. In an indictment dated 11 November 1996, the public prosecutor at the Istanbul State Security Court accused Mr Aydoğan and Ms Özen of attempting to undermine the constitutional order of the State and requested their conviction and sentence under Article 146 § 1 of the Criminal Code. They were accused of taking part in armed attacks on various political party buildings and police stations and of being responsible for the death of Mr |
the Chancellor of Justice | 21. On 15 January 2015 the Chancellor of Justice rejected the applicant’s claim. As concerns the lack of an oral hearing, the Chancellor of Justice noted that the Social Insurance Office and the County Administrative Court had held an oral hearing and consequently, in accordance with the Court’s case-law, a less strict standard applied to the requirement to hold a hearing before the appellate court. Thus, in view of the character of the case and the fact that the applicant had been given the opportunity to finalise his submissions in writing and the court had had access to substantial written evidence, |
the Minister of the Interior’s | 133. The first applicant considered that the comfort and leniency clearly shown to the four accused by the authorities was designed to prevent them from incriminating the senior Ministry of the Interior officials and the Minister’s wife who had been at the Café Chardin. She submitted that, in actual fact, G.A.-ia, A.A.-uri and A.Gh.-ava, three of the accused, had gone to the café after being summoned there by telephone to punish her son for having insulted |
Lappalainen | 16. Four years later, on 19 March 1997, the request was rejected by the Kuopio County Administrative Board. It reasoned:
“The civil servants of the former Sonkajärvi Police District ... have ... requested compensation for the losses arising from the incorporation of police districts, in response to which the Provincial Police Command, endorsing the request, submitted documents to the Police Department of the Ministry of the Interior. By a letter of 25 March 1991, the Ministry of the Interior recommended to the Ministry of Finance the retroactive payment from 1 November 1990 of individual wage supplements to those civil servants whose duty station, after the incorporation, is Iisalmi.
By a letter of 3 July 1991, [the Ministry of Finance] informed the Ministry of the Interior that it had found that it could not grant the request.
Following the [Ministry of Finance’s] decision, competence to decide on individual wage supplements was transferred to the County Administrative Boards. On 28 January 1993, in a negotiation meeting held by the Provincial Police Command at which the applicants were represented by Mr |
Rustam Achkhanov | 7. The first applicant is the wife of Mr Ali Uspayev and the mother of Mr Amir Magomedov. The second applicant is the sister of Mr Aslan Dokayev. Aslan Dokayev was married to the third applicant. The fourth applicant is the father of Mr |
Mustafa Selçuk | 43. Appendix IV also sets out seven categories of applicant (List B) broken down by the number of days sick leave prescribed, as follows:
– one day for Halil Doğan and Veysel Eroğlu;
– five days for |
A. A. Mezhidov | 62. The report also states that the scene of the incident was inspected on 27 October and 29 October 2001, and that the “Niva” vehicle was inspected on 9 November 2001. It can also be ascertained from the report that in the first few days following the incident of 27 October 2001 fragments of bullets and cases were collected at the scene of the incident and in the “Niva” and examined by experts. Also during the first days following the incident investigators seized and examined documents relating to the combat mission of 27 October 2001, as well as firearms and ammunition used by the servicemen involved in the events in question. Over the same few days a number of expert studies were ordered and carried out and a number of witnesses were questioned. The report reveals the names of some of those witnesses, whilst the other witnesses, apparently the servicemen involved in the events of 27 October 2001, are identified only by the first letter of their surnames. According to the report, one |
Mustafa Döleksoy’s | 23. Mustafa Döleksoy’s parents also informed the prosecutor that their son and his wife had been involved in prolonged court proceedings in the course of which his wife had refused to divorce him. They alleged that |
Minister of the Interior | 8. On 11 October 2007 an arrest warrant was issued against the applicant. It was later revoked, as the applicant was cooperating with the investigators and was living permanently in Germany. In particular, on a number of occasions in 2008 and 2009 the applicant was questioned by investigators at the Belarus consulate in Berlin, and provided witness statements which, according to the applicant, were used in proceedings against others, including several former high-ranking KGB officers and the former |
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