target
stringlengths 11
53
| prompt
stringlengths 200
14.1k
|
|---|---|
Amato Gauci | 17. Relying on Zammit v. Malta (no. 16766/90, Commission decision of 12 January 1991, Decision and Reports 68) the court held that state intervention in socio economic matters such as housing is often necessary in securing social justice and public benefit. In this area the margin of appreciation available to a legislature in implementing social and economic policies was necessarily a wide one, both with regard to the existence of a problem of public concern warranting a measure of control and as to the choice of the rules for the implementation of such a measure. Recognizing that a balance between the right of owners, the state, and the person occupying the apartment needed to be struck, and that according to the European Court of Human Rights such balance had not been struck in the case of |
Ramirez Sanchez | 66. On 29 July 2002 the doctor in charge of the OCTU at La Santé Prison provided the Ministry of Health with the following summary of the medical care the applicant was receiving:
“This patient, who, as you are aware, is in the segregation unit, receives two mandatory medical visits from a member of the OCTU medical team every week, as required by the French Criminal Code.
He is currently in excellent somatic health. I am not qualified to express an opinion on his mental health.
In addition, Mr |
Ferhat Tepe | 61. The witnesses alleged that they had been kept in a military detention centre in Diyarbakır for twenty-two days. On the fourth or fifth day of his detention, Mr Dağdelen had seen a man called “journalist” by others. The journalist was chained by his hands to a water pipe and his body was bloody. He was unable to move or speak. Interrogators were torturing him and putting questions to him concerning his involvement with Özgür Gündem. Following their detention on remand, the witnesses read in Özgür Gündem that |
Amato Gauci | 23. In 2010 the applicant instituted constitutional redress proceedings complaining that the 1979 amendments, which prohibited landlords from refusing to renew existing leases or from raising their rent when the tenant was a Maltese citizen, had breached his property rights under Article 1 of Protocol No. 1 to the Convention. He submitted that the amendments introduced in 2009 had not improved his situation, even assuming they (in particular Article 1531C of the Civil Code) applied to the case in question, a matter which was unclear in the domestic context. With a new rent of EUR 185 per year (see Relevant domestic law below), he remained a victim of the alleged violation, not least because he was also prevented from refusing to renew the lease. He cited the then recent case of |
Sayd-Selim Benuyev | 66. On 8 July 2003 an ROVD officer questioned the second applicant and Mr U., a relative of the Benuyevs. They both stated that at about 11 p.m. on 24 November 2002 armed men speaking Russian had arrived at their house in two UAZ vehicles – one grey and one khaki – and had taken away |
Suren Muradyan | 20. On 6 August 2002 forensic medical expert M.B. started the post‑mortem examination, including an autopsy, of Suren Muradyan’s body and on the same day sent a telegram to investigator G., saying that |
Khamzat Tushayev | 51. On 14 July 2006 the investigators formally seized the visitors’ logbook from checkpoint no. 1. The decision stated that the preliminary investigation had established that at 10 a.m. on 8 June 2006 |
Joselito Renolde | 45. The civil parties appealed against the order to the Investigation Division of the Versailles Court of Appeal, asking for further inquiries to be made with a view to bringing charges against all those responsible for the offences of manslaughter, endangering the life of another and failing to assist a person in danger. In a memorial of 12 March 2002 they expressed doubts, in particular, about the 45-day disciplinary sanction imposed on |
Vakha Abdurzakov | 26. On 14 January 2003 the district prosecutor’s office informed the first applicant that the investigation in case no. 61146 had been suspended for a failure to identify those responsible and that the ROVD had been instructed to search for |
Malizh Byutukayeva | 41. Malizh Byutukayeva and other members of the family tried to escape the fighting through the exit towards Valerik. On 5 February 2000 they reached the roadblock but were not allowed to pass. The eighth applicant and other residents were advised by the servicemen to wait in three empty houses near the roadblock. On 6 February 2000 these houses were shot at from passing military vehicles, as a result of which both |
Toita Khavazh- Bagaudinovna Estamirova | 20. On 4 July 2000 the Malgobek Town Court in Ingushetia, at the first applicant's request, certified the deaths of Khasmagomed Estamirov, born in 1933, Khozhakhmed Khasmagomedovich Estamirov, born on 12 February 1963, |
Zdravko Vanjak | 9. The judgment was based on the applicant's written statement of 28 May 1996 in which he confessed and the two other statements given to the police by H.Ć. and B.J. The applicant's contention, that he had signed the statement under duress since he had been interviewed by his colleagues for the whole night, that the notes of the interview had been amended several times and that he had been given no right such as to make a telephone call, was dismissed. The disciplinary court ordered the applicant's dismissal. The reasoning of the judgment reads as follows:
“Through a request for the institution of disciplinary proceedings submitted by the Chief of the Karlovac Police Department ... of 29 May 1996 the defendant |
Islam Tazurkayev’s | 89. On 30 March 2004 the investigation was resumed by a supervising prosecutor who ordered additional investigative measures to be carried out. In particular, the investigators were asked to identify potential witnesses and to question them in connection with |
Zelimkhan Batariyev | 76. In 2001 the applicant’s son Mr Zelimkhan Batariyev was studying in Grozny and rented a flat there. According to the applicant, on the night of 4 May 2001 Russian servicemen conducted a special operation to arrest a Mr T. who resided in the same block of flats as Mr |
Yusuf Ekinci | 43. In a statement taken by the police on 28 February 1994 from Ahmet Murat İ., a paternal cousin of Yusuf Ekinci, he declared that he had visited Yusuf Ekinci in his office on 24 February 1994 at 2 p.m., and that |
Zajko Zahirović | 16. On 16 March 2010 the State Attorney’s Office of the Republic of Croatia submitted an opinion to the Supreme Court on both appeals, however, this opinion was not communicated to the defence. The opinion reads:
“Please find enclosed the Zagreb County Court’s case file no. K-124/04 concerning the criminal proceedings against the accused |
Mayrudin Khantiyev | 7. According to a certificate issued on 12 March 2002 by the head of the Grozny SIZO-I remand prison, from 1998 to 1999 Mayrudin Khantiyev was employed as a junior inspector in the security department of that facility; he left his job in 1999 because of the hostilities. According to the applicants, |
Said-Magamed Tovsultanov | 26. On 6 May 2005 the district prosecutor's office requested the Sunzhenskiy district department of the Federal Security Service (the FSB) and the Ingushetia FSB to inform them whether they had arrested or detained the applicant's son. According to their replies of 16 and 18 May 2005 no special operations in respect of |
Ali Vadilov | 20. According to certificates issued by the Grozny expert medical commission and the head of the Valerik local administration, Ali Vadilov had had a disability of the first degree since childhood and required permanent help. In particular, he suffered from a club hand, a club foot, dislocation of the left hip and deformity of the elbow and knee joints. According to the applicants, |
Kazbek Vakhayev | 60. On 22 February 2007 Mr M.M. was questioned. He stated that on 1 August 2000 he had been detained by officers of the Urus-Martan VOVD since he had had no identity documents. He had been held in a cell with Mr G. and |
Elikhadjiev | 106. On 5 and 30 November 2004 Ms Mukhashavria submitted copies of the judgments delivered by the Supreme Court of the Chechen Republic on 14 September and 11 October 2004 respectively in the cases of Mr Khashiev (Mr |
Abu Hamza al‑Masri | 26. On 4 June 2008 the US Department of State edited its 2007 Country Report on Terrorism in BH, in which the applicant (known as Abu Hamza al-Suri) had been wrongly identified as convicted terrorist |
Suren Muradyan’s | 8. It appears that on the next day Suren Muradyan, who remained in the barracks throughout this period, was visited by the head of the military unit’s medical service, A.H. (hereafter, military unit doctor A.H.). The outcome of this visit is unclear. It further appears that on 27 July 2002, when |
Daruish Auni | 63. In support of this allegation the Government submitted copies of newspaper articles and a copy of a one-page report by a police officer in Smolyan, addressed to his superiors. The report, dated 14 January 1999, stated as follows:
“I report hereby that I received the following information through a third person:
...[A] Mr |
Sedat Kılıç | 19. According to an arrest report drawn up on 24 October 1997, police officers at the anti-terrorist branch of the Istanbul police headquarters established, on the basis of intelligence reports, the address in Istanbul’s Moda district where the applicant – who was wanted by the authorities – had been living. When a number of police officers went to the address, they saw a man leaving the building in which the applicant’s apartment was situated. The police officers approached the man and asked to see his identification card. Upon this, the man started to run away but was caught by six police officers after “a chase and a scuffle”. When the man refused to get into the police car, the police officers “used force to make him get into the vehicle”. An identification card, in the name of |
SriSri Ravi Shankar | 6. In 1997 the Department of Justice of the Irkutsk Region registered a non-profit non-governmental association, “The Art of Living” (hereinafter “the association”). The goals the association set out in its charter included the “promotion of social adaptation”, the popularisation of a healthy lifestyle, helping people in stressful situations and improving social and family relations. In practical terms the activity of the association consisted of training sessions, lectures, personal consultations and the like. Participation in the “programmes” of the association was offered to anyone interested and was free of charge, although participants were encouraged to make voluntary contributions to support the activities of the association. The association also issued a number of brochures containing information about its goals and basic principles. The brochures explained that the association was inspired by the teachings of |
M. Bagalayev | 118. On 3 April 2006 the Shali Town Court partially allowed the complaint and instructed the prosecutor’s office to provide the applicant’s lawyer with access to the criminal case file, with the exception of documents containing state secrets. The decision stated, inter alia, the following:
“... at about 6.10 p.m. on 1 August 2003 unidentified masked men in camouflage uniforms, armed with automatic weapons, with the support of armoured vehicles and a GAZ-53 automobile arrived at the crime scene and opened fire at random at the houses in Kutuzova Street ... as a result, |
Valid Dzhabrailov's | 21. Valid Dzhabrailov was buried soon afterwards before anyone had contacted medical institutions or law enforcement authorities. Two certificates were issued in connection with his death: the medical statement confirming |
Pyotr Poroshenko | 64. On 16 September 2005 the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) of the Parliamentary Assembly of the Council of Europe (PACE) issued a report on “The functioning of the democratic Institutions in Moldova”. The section devoted to Transdniestria reads as follows:
“31. Major new developments have occurred during the last months which the Assembly has to follow very closely and accompany in the best possible way. 32. Following intense diplomatic contacts between Moldova and Ukraine, at the GUAM Summit in Chisinau on 22 April the Ukrainian President Yushchenko announced a 7-point initiative to settle the Transnistrian issue. ...
The main thrust of this new plan is to achieve a long-lasting solution through the democratisation of Transnistria. This would entail:
– the creation of conditions for the development of democracy, civil society, and a multi-party system in Transnistria;
– holding of free and democratic elections to the Transniestrian Supreme Soviet, monitored by the European Union, the OSCE, the Council of Europe, Russia, United States, and other democratic countries including Ukraine;
– the transformation of the current format of peacekeeping operation into an international mission of military and civil observers under the aegis of the OSCE and the expansion of the number of Ukrainian military observers in the region;
– admission by Transniestrian authorities of an international monitoring mission, to include Ukrainian experts, to military-industrial enterprises in the Transniestrian region;
– a short-term OSCE monitoring mission in Ukraine to verify the movement of goods and persons through the Ukrainian-Moldovan border. 33. The full text of the Ukrainian plan was presented on 16-17 May at a meeting of the representatives of the mediators and Moldova and Transnistria in Vinnitsa, Ukraine after the Ukrainian Secretary of Security Council |
Shchiborshch | 116. According to the report, the injuries were caused shortly before Mr Shchiborshch was admitted to hospital. His death was caused by the stab/slash wound to his neck, which affected the jugular vein, and multiple slash wounds which were complicated by profuse bleeding. Other injuries, such as craniocerebral trauma, complicated Mr |
Oltan Sungurlu | 10. The third article “The butcher of justice is once again at work” read, inter alia, as follows:
“Oltan Sungurlu, taking behind him a registry tainted by blood, became the Minister of Justice of the MGK Government. Prisoners, relatives of prisoners and human rights advocates know him from old times. Sungurlu, who has been the Minister of Justice for the fourth time, is directly responsible for the prison policies of the ANAP governments. He is against the abolition of death penalty. [He is] the architect of the Regulation of 1st August. He is the minister who transferred the prisoners who were on hunger strike against this Regulation. He is responsible in the first degree for the deaths of M.Y. and H.H.E. who died during a transfer of 12 hours following 35 days of hunger strike (...) |
I.A. Bakurskiy | 80. In his observations on the merits of the case, the applicant stated that this explanation was inadequate and simply untrue. He submitted that his transfer had been arbitrary, since some of the prisoners who would otherwise have qualified for such a transfer remained for some reason in IK‑13 (the applicant cited the following names: |
the Kaliningrad Regional Ombudsman | 18. The applicant complained to various Russian authorities, including the Kaliningrad Regional Ombudsman, about the poor conditions of his detention. On 28 June 2001 the applicant received a letter from the Ombudsman which, in so far as relevant, read as follows:
“An inspection, performed by |
Movsar Khutsayev | 27. On 29 May 2002 the second applicant requested assistance from the VOVD in establishing the whereabouts of Movsar and Beslan Khutsayev. In her letter she explained that on the night of 16 December 2001 a group of representatives of Russian power structures had broken into her house and conducted an unlawful search, and that they had subjected her family members to beatings and had taken away her two sons Beslan and |
T. Baymurzayev | 196. In the affidavit in question, entitled “Statement for the Deputy Minister of Justice” and handwritten by Mr Saydayev, he stated:
“On 13 September 2002, at Tbilisi Prison no. 5, I assisted investigators from the Ministry of Security as an interpreter in the case of Mr A. Adayev, Mr |
Magomed-Salekh | 75. On 14 February 2003 the district prosecutor’s office requested all town and district prosecutor’s offices of the Chechen Republic to inform it whether law-enforcement authorities within the areas under their responsibility had arrested |
Dzh. Abdurzakov | 14. According to the applicant, it was her son, Timerlan Soltakhanov, whom the authorities had wounded and arrested by mistake on 7 June 2003 and not Mr Dzh. Abdurzakov, who remained at large. At a later date she learnt that Mr |
M. Ablyazov | 8. In 2005-08 the applicant occupied the post of head of the corporate business department of the TuranAlem Bank (“the BTA Bank”), a private bank established in Kazakhstan and chaired at the material time by Mr |
Abdul-Vagap Tangiyev | 84. In August 2000 the investigation questioned Galina P. (born in 1937), who stated that in the winter of 1999-2000 she had remained in Grozny. She had moved in to the Tangiyevs' house in Derzhavina Street, where nine people were staying in the cellar, and remained there until 24 December 1999. They had then moved to another house at 144 Pugacheva Street, because the shelling had become too intense and the first house had been damaged. About sixty people, mostly elderly, had stayed in the big cellar at 144 Pugacheva Street. The Chechen fighters had left their district around 18 December 1999. The witness testified that the federal soldiers had regularly visited their cellar and forced the inhabitants to help them retrieve the wounded and dead. On 1 or 2 January 2000 the three youngest men from the cellar (aged below 50) had been taken away by soldiers and later found dead. The witness described the soldiers as wearing blue-grey camouflage uniforms. She also testified that on 10 January 2000, along with the two Tangiyev sisters, she had visited the Tangiyev's house, where four persons had been staying: |
Isa Aytamirov | 14. The Government did not challenge most of the facts as presented by the applicants. They submitted that on 19 February 2003 unidentified armed persons entered the house in Novy Tsentoroy, kidnapped |
the Minister of Justice | 20. This Act, which came into force on 18 April 2001, completes Article 111 of the Italian Constitution, which provides that the right to have proceedings conducted within a reasonable time shall be guaranteed by legislation. The new Act enables a claim for compensation to be made in the Court of Appeal, which will apply the case-law of the European Court of Human Rights, by anyone who has sustained pecuniary or non-pecuniary damage as a result of the inordinate length of proceedings.
Section 2 (Entitlement to just satisfaction)
“1. Anyone sustaining pecuniary or non-pecuniary damage as a result of a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms, ratified by Law no. 848 of 4 August 1955, on account of a failure to comply with the ‘reasonable time’ requirement in Article 6 § 1 of the Convention, shall be entitled to just satisfaction. 2. In determining whether there has been a violation, the court shall have regard to the complexity of the case and, in the light thereof, the conduct of the parties and of the judge deciding procedural issues, and also the conduct of any authority required to participate in or contribute to the resolution of the case. 3. The court shall assess the quantum of damage in accordance with Article 2056 of the Civil Code and shall apply the following rules:
(a) only damage attributable to the period beyond the reasonable time referred to in subsection 1 may be taken into account;
(b) in addition to the payment of a sum of money, reparation for non-pecuniary damage shall be made by giving suitable publicity to the finding of a violation.”
Section 3 (Procedure)
“1. Claims for just satisfaction shall be lodged with the court of appeal in which the judge sits who has jurisdiction under Article 11 of the Code of Criminal Procedure to try cases concerning members of the judiciary sitting in the district where the case in which the violation is alleged to have occurred was decided or discontinued at the merits stage or is pending. 2. The claim shall be made on an application lodged with the registry of the court of appeal by a lawyer holding a special authority containing all the information prescribed by Article 125 of the Code of Civil Procedure. 3. The application shall be made against |
Anzor Sambiyev | 15. On 13 and 19 April 2004 the applicants applied to the head of the Grozny District Police Department, the Grozny District Prosecutor's Office, the head of the village administration and the internal passport authority (паспортный стол) with a description of the circumstances leading to the death of Mr |
V. Tretyakov | 65. The Government also adduced the transcript of a hearing held by the Leninskiy District Court of Stavropol on 3 December 2001. According to this document, both the applicant and her legal counsel, Mr |
the Special | 60. Immediately after their relatives had been apprehended, the applicants, together with the head of the local administration, wrote to the head of the Chechen administration, Mr A. Kadyrov, describing in detail the circumstances of their relatives’ apprehension and requesting information about their whereabouts. The applicants and their relatives submitted similar complaints to various official bodies, such as the prosecutors’ offices at different levels and the Special Envoy of the Russian President in Chechnya for Rights and Freedoms (“ |
Rolandas Paksas | 7. On 16 March 2003 the State Security Department (“the SSD”) intercepted a telephone conversation between the applicant and Jurij Borisov (“J.B.”) (see Borisov v. Lithuania, no. 9958/04, § 15, 14 June 2011), a major contributor to the electoral campaign of the State President, |
Zara Aduzova | 207. The applicants are:
(1) Mr Vakhita Ibragimov, who was born in 1960,
(2) Mr Ilyas Ibragimov, who was born in 1984,
(3) Ms Satsita Sakhabova, who was born in 1963,
(4) Ms Toita Sadulayeva, who was born in 1935,
(5) Ms |
Osama bin Laden | 38. The applicant maintained his submissions. Moreover, he alleged that on account of the FOM’s evident reluctance to grant exemptions under Article 4a § 2 of the Taliban Ordinance, he could not leave his home in Campione d’Italia despite the lack of adequate medical facilities there, or even go to Italy for administrative or judicial reasons, and that he had therefore effectively spent the past years under house arrest. The addition of his name to the Sanctions Committee’s list was also tantamount to accusing him publicly of being associated with |
Ziri (Esma) Yöyler | 29. The witnesses mentioned below alleged in their statements that gendarmes had burned the applicant's house along with some other houses in Dirimpınar on 18 September 1994.
(i) Statements dated 20 May 2000 by Dilsa, Saliha, Leyla, Evin, Gülüstan and |
Yaroslav Belousov | 29. The applicant’s description of the conditions of detention during his transfer from the remand prison to court and back, and the Government’s submissions in that regard, were identical to those in the case of |
Yusuf Ekinci | 86. In August 1997, during a Parliamentary session, the Member of Parliament Fikri Sağlar, put questions in relation to the killing of Yusuf Ekinci to the then Prime Minister Mr Mesut Yılmaz. Mr Sağlar mentioned that it was common knowledge that |
Mallory Weiss | 30. The autopsy report, following the post-mortem examination of 4 January 1999, noted that Judith McGlinchey weighed 41 kg. It stated that although one symptom of heroin withdrawal can be vomiting, the cause of the applicant’s vomiting was never fully established. Episodes of severe vomiting could have caused a tear in the upper gastro-intestinal tract (“a |
Serdar Tanış | 141. On 28 January 2001, further to an oral request from the Silopi public prosecutor's office, the commanding officer of the Şırnak gendarmerie regiment sent two notes to the Şırnak and Silopi public prosecutors' offices and to the Şırnak provincial governor indicating that:
(a) |
Babar Ahmad | 36. In a judgment of 23 September 2013 the Conseil d’Etat dismissed the application for judicial review. As to the complaint under Article 3 of the Convention and the risk of an irreducible life sentence, the Conseil d’Etat reasoned as follows:
“Even supposing that the applicant is sentenced by the US courts to life imprisonment, it should be noted that in its Vinter and Others v. United Kingdom judgment of 9 July 2013 [the Court] ruled that: ‘a life sentence does not become irreducible by the mere fact that in practice it may be served in full’, that ‘no issue arises under Article 3 if a life sentence is de jure and de facto reducible ...’ and that ‘where national law affords the possibility of review of a life sentence with a view to its commutation, remission, termination or the conditional release of the prisoner, this will be sufficient to satisfy Article 3’.
In the present case, as in that of Babar Ahmad and Others v. United Kingdom which led to [the Court’s judgment] of 10 April 2012, the applicant has not been sentenced by a US court to life imprisonment, and has still less begun serving such a sentence.
As in the aforementioned case, therefore, the applicant does not show that in the event of a life sentence, the question will arise whether there is any legitimate penological justification for continuing his imprisonment.
Moreover, in his most recent submissions the applicant acknowledges that a possible life sentence imposed on him would be reducible de jure. US law allows him either to request a review or apply for a Presidential pardon or commutation of sentence, and the applicant does not contend that this power of executive clemency or sentence commutation is accompanied by restrictions comparable to those in issue in the [Court’s] aforementioned judgment of 9 July 2013.
Although the applicant challenges the assertion that such a sentence is reducible de facto, the explanations provided to the opposing party by the US authorities do show that the US President has already used his power to commute sentences. Therefore, the legal remedy available to the applicant in the event of a life prison sentence is not excluded in practice.
Furthermore, the applicant’s contention that since the 11 September 2001 terrorist attack it has been inconceivable for the US President to grant a pardon to or commute the sentence of a person convicted of terrorism has not been substantiated by any reliable information, nor can it be in view of the relatively short period of time, as compared with a life sentence, which has elapsed since the said attack and any criminal sentences subsequently imposed.
As in |
Browne-Wilkinson | 20. The Grahams appealed to the House of Lords, which, on 4 July 2002, allowed their appeal and restored the order of the High Court ([2002] UKHL 30, [2002] 3 All ER 865). Lord Browne-Wilkinson, with whom Lord Mackay of Clashfern and Lord Hutton agreed, held that the Grahams did have “possession” of the land in the ordinary sense of the word, and therefore the applicant companies had been “dispossessed” of it within the meaning of the 1980 Act. There was no inconsistency between a squatter being willing to pay the paper owner if asked and his being in possession in the meantime. Concluding, Lord |
Vakhit Avkhadov | 64. In a report (рапорт) of 14 July 2006 the Department of the Interior of the Urus-Martanovskiy District (hereinafter also “the Urus-Martanovskiy ROVD” or “the ROVD”), informed the district prosecutor’s office that despite a door-to-door check (подворный обход) carried out in Urus‑Martan, it had proved impossible to identify witnesses to the abduction of |
Adlan Akayev | 62. On 9 February 2000 the second applicant travelled to Grozny. In the courtyard at 107 Neftyanaya Street she picked up several cartridges from an automatic weapon and her brother's hat. On the same day the second applicant saw five dead bodies in a nearby garage, belonging to three women and two men. A sixth person from that group, Elena G., had survived the massacre and later told the applicant, who found her in a hospital in Ingushetia, that they were shot on 19 January by soldiers from the 205th brigade from Budennovsk. She also said that she had seen |
Grigory Vorsinov | 8. On 16 July 1997 the applicant published an article entitled “Save the barbed wire, citizen Durdinets” (Экономьте колючую проволку, гражданин Дурдинец – the second article), where he stated that Mr Durdinets had personally instructed the General Prosecutor to institute criminal proceedings against him. The relevant extracts from the article read as follows:
“...As we have learned, immediately after the release of the article [Durdintsovshchina], Durdinets summoned the General Prosecutor, |
Vakhid Musikhanov's | 14. Since 9 November 2002 the first three applicants have repeatedly applied in person and in writing to various public bodies, including prosecutors at various levels, the President of Russia, the administrative authorities of Chechnya, the Urus-Martan military commander's office and the Urus-Martan Town Court. They have also applied in writing and visited a number of detention centres and prisons in the Northern Caucasus. The applicants were supported in their efforts by the SRJI. In their letters to the authorities, the applicants and the SRJI referred to the facts of |
Željko Šuput | 43. On 15 April 2008 the applicant again asked for his detention to be lifted on health grounds. This was refused by the Rijeka County Court on 25 May 2008 and the applicant’s detention was extended for a further two months. The relevant part of that decision reads as follows:
“This court finds that the ground for ordering the applicant’s detention under Article 102 paragraph 1(4) of the Code of Criminal Procedure still exists because of ... a suspicion that in the period between 15 October 1991 and the end of April 1992 the first defendant, |
Bashir Velkhiyev | 18. In approximately ten minutes they arrived at the Organised Crime Unit (УБОП) at the Ministry of the Interior of Ingushetia in Nazran. The first applicant could see the building through the hat pulled over his eyes. He and Mr |
Baroness Hale | 33. Lord Hope therefore concluded that, despite the weight that had to be given to the right to freedom of expression that the press needs if it is to play its role effectively, there was an infringement of Ms Campbell's privacy which could not be justified.
(b) |
Osama bin Laden | 61. On 2 September 2009 Switzerland sent to the Sanctions Committee a copy of a letter of 13 August 2009 from the Federal Prosecutor’s Office to the applicant’s lawyer, in which that Office confirmed that the judicial police investigation in respect of his client had not produced any indications or evidence to show that he had ties with persons or organisations associated with |
Bettencourt | 37. In a judgment of 28 April 2011 the Court of Cassation dismissed the applicants’ appeal and ordered them to pay Mrs Bettencourt the sum of EUR 4,000 in costs. It gave the following reasons for its decision:
“... the judgment observes that long extracts were published from the statements taken during the preliminary investigation ..., in which [Mrs |
Mayrbek Kh. | 41. On 5 May 2005 the first applicant complained to the Chechnya prosecutor's office. He stated that his two sons, Aslan and Mokhmad Mudayev, had been abducted on 29 January 2003 by representatives of the Nadterechniy district department of the FSB under the command of officer |
Magomed Dzhabayev | 26. On 17 January 2001 Ms H.A. was granted victim status and questioned. She submitted that on 10 March 2000 at 10 a.m., when she had gone to the market with her daughter, her husband, Mr T., and their neighbour, Mr |
Ciprian Vlăduț Pop | 13. On 26 October 2004 the prosecutor authorised the use of an undercover police agent to infiltrate the applicants’ circle in order to obtain information and evidence about the drug trafficking. It also authorised the undercover agent to purchase 150 ecstasy tablets. After each transaction the undercover agent wrote a report on the meeting with the first applicant. The prosecutor noted as follows:
“there are strong indications that the crime of drug trafficking has occurred/is about to occur ... as |
Sinan Güloğlu | 41. The witnesses Hıdır Güloğlu and Seyit Ali Aktaş are inhabitants of Çakmaklı and Tepsili villages, respectively. They stated that the applicant Sinan Güloğlu did not reside but had beehives in Tepsili. Nor did he have any land in Tepsili. They further claimed that |
Yusup Satabayev | 58. On 8 February 2007 the investigating authorities instructed the head of the Urus-Martan District Department of the Interior (ROVD) to locate persons held at the detention facility of the Urus-Martan VOVD simultaneously with |
James Mitchell | 21. The statement also made links between the attack on Donnelly's Bar and other attacks allegedly carried out by members of the security forces, both RUC and UDR, and loyalist paramilitaries. This group used the farmhouse in Glennane owned by |
Aslambek Abdurzakov | 127. On 16 February 2008 the first applicant requested that the investigators inform her about the progress in the proceedings, and sought information from the Federal Service for the Execution of Sentences on the possible detention of Mr |
Meral Daniş Beştaş | 47. He alleged that he was stripped naked, together with Tahir Elçi, and hosed down with pressurised cold water in the toilet on 9 December 1993 as he had refused to sign statements, the contents of which were not disclosed to him. The cold water torture only ceased when he began bashing his own head against the wall as he could not bear it any more. Tahir Elçi, |
Khozh-Akhmed Akhmadov | 17. On 21 December 2004 an inspecting officer from the criminal investigation division of the Chechnya MVD issued a summary of the official internal inquiry into the circumstances of Khozh‑Akhmed Akhmadov’s death. The document stated, inter alia, the following:
“... at about 10.50 p.m. on 19 November 2004 in Zhukovskogo Street in Grozny, next to “Musa Motors” service station a group of thirty unidentified persons in camouflage uniforms who were armed with automatic firearms and drove around in ten to fifteen silver “Niva” and VAZ-21099 cars without registration numbers, stopped a silver VAZ-21099 car... with police sergeant |
V.I. Khizhnyak | 33. In their observations, the Government included the statement by the applicant dated 12 October 2004 and addressed to the Head of the Main Directorate of Execution of Sentences of the Ministry of Justice in charge of the Rostov Region, |
Mansur Ismailov | 30. On 26 September 2002 the Administration of Duba-Yurt issued the first, third and seventh applicants with certificates stating that Mr Suliman Malikov, Mr Aslan Khatuyev, Mr Adlan Khatuyev, Mr Sayd-Salu Akhmatov and Mr |
Almir Rrapo | 38. On 25 November 2010 the Registrar of the Court sent the following letter to the Government:
“The President of the Court ... has instructed me to express on his behalf his profound regret at the decision taken by your authorities to extradite Mr |
Sharani Askharov | 8. According to the applicant, early in the morning of 18 May 2001 a “sweeping operation” (зачистка) took place in Serzhen-Yurt. At about 5 a.m. a group of armed men wearing masks and dressed in camouflage broke into the applicant’s home and entered the room where the applicant, her husband and their 12-year-old daughter were sleeping. The applicant was forced by a man armed with a sub-machine gun to stand against the wall in the hall, while other men held her husband down in another room. The applicant describes the men as well-built, tall and speaking unaccented Russian. One of them was, in her estimation, 40-45 years old. They did not introduce themselves, show any identification or ask anyone for identity documents, nor did they ask any questions. When the applicant asked them what they wanted and who they were looking for they told her to be quiet. The soldiers put a sack over Mr |
the Minister of the Interior | 6. On 29 October 2001 a criminalist of the Vukovar Police Station (Policijska postaja Vukovar) drew up a report on the events of the night of 10 to 11 December 1999. On 30 October 2001 the applicant was removed from his post. On the same day the Vukovar-Srijemska Police Department lodged a request with the Vukovar Police Station that disciplinary proceedings against the applicant be instituted. On 11 December 2001 the applicant made his statement to an officer of the Vukovar-Srijemska Police Department (Policijska uprava vukovarko srijemska), in the presence of his counsel. However, subsequently no disciplinary proceedings were instituted against the applicant. Instead, in a decision of 7 January 2002 |
Mayrudin Khantiyev | 66. On an unspecified date the investigators requested the FSB Department of the Chechen Republic to provide information on Mayrudin Khantiyev's eventual implication in illegal armed groups. From the reply of that authority it followed that |
Liliane Bettencourt’s | 23. The article continued as follows:
“Since the billionaire’s daughter has taken her case to the courts, accusing her mother’s protégé of the offence of ‘undue influence’, ripples of disgust have been felt along the majestic avenues of Neuilly and beyond – the high society of Paris in finance, industry and politics – concerned that it may one day be regretted that no one had seen anything, or at least said anything.
For the investigation has revealed the existence of lavish gifts, apparently totalling around 1 billion euros. Could such riches pass unnoticed? There’s a disturbing detail: the largest sums were assigned to B. in the spring of 2003 and in the summer of 2006, at a time when |
the Deputy Minister of Justice | 18. On 5 September 2007, the applicant's parents informed the Minister of Justice – in reply to the letter of 30 August 2007 – that they disagreed with the manner of calculation and the amount of compensation. On 19 September 2007, |
Guðrún Erlendsdóttir | 15. On 30 May 1996, in order to obtain funds to pay the creditors, the judge’s husband Mr Örn Clausen issued four debt certificates to Landsbréf hf, Verðbréfamarkaður Landsbankans (Landsbréf, the Securities Market of the National Bank, a financial institution owned by the National Bank), totalling approximately ISK 13,600,000. The debts were secured on two properties owned by Mrs Justice |
Lema Khamzatov | 145. The Government did not submit a copy of the investigation file concerning further developments in the case. From the documents presented by the applicants it appears that on 8 July 2010 the NGO SRJI/ASTREYA, on behalf of Mr |
Abdullah Öcalan | 5. In August 2001, in the tenth issue of the newspaper, an article which contained an interview with Cemil Bayık, who was one of the leaders of an illegal organisation, namely the PKK (the Kurdistan Workers' Party), was published. The relevant parts of the interview read as follows:
“Three years have passed since the PKK declared a ceasefire to stop the bloodshed and to contribute to the peace process. Subsequently, the PKK withdrew its armed forces out of Turkey to maintain peace. However, the state did not take any steps for democratisation or to solve the Kurdish problem.
...
The case brought against our leader |
Petar Travaš | 14. On the same day the Rijeka Archdiocese informed the two schools in which the applicant was employed of the new situation. The relevant part of the letter read:
“We should inform you that on 31 August 2006 canonical mandate no. 492/08-2002 was withdrawn from the teacher of religious education, |
Hugh Jordan | 23. The first applicant’s husband appealed. On 28 March 2007 the House of Lords delivered its judgment (Jordan v. Lord Chancellor and Another and McCaughey v. Chief Constable of the Police Service Northern Ireland [2007] UKHL 14): this judgment addressed the similar appeal of |
Grande Stevens | 36. As to Mr Grande Stevens, it was true that he was not an executive director of Exor s.p.a. Nonetheless, the administrative offence punishable under Article 187 ter of Legislative Decree no. 58 of 1998 could be committed by “anyone”, and therefore by a person in any capacity whatsoever; Mr |
Isa Khadzhimuradov's | 31. According to the applicants, Lechi Shaipov had sixteen gunshot wounds to the body and three to the head; Sharip Elmurzayev's body had several gunshot wounds and was burned, and the left eye was missing; |
Khasan Yusupov | 47. According to the Government, the investigation failed to establish the whereabouts of Khasan Yusupov and three other men. The law enforcement authorities of Chechnya had never arrested or detained |
Harun Çetin | 7. On 16 March 1993, while in detention, Harun Çetin’s health deteriorated and he was admitted to Şişli Etfal Hospital. On the same day, he was transferred to Cerrahpaşa hospital. On his arrival, Harun Çetin was unconscious and had slight bruises and abrasions on various parts of his body. A brain scan revealed a subdural haematoma in the right fronto-temporo‑parietal region. He was immediately operated on and remained in the hospital’s intensive care unit until 9 June 1993, without, it appears, regaining consciousness. |
Hardial Singh | 22. The application for judicial review of the decision to detain the applicant was considered by Mr Justice Calvert-Smith in a judgment handed down on 7 December 2006. The judge reiterated the principles established by domestic case-law, most notably in the case of R v Governor of Durham Prison, ex parte |
Yakub Iznaurov | 52. On 26 March 2002 the Department of the Prosecutor General's Office for the Northern Caucasus informed the applicant that the criminal case concerning her son's kidnapping had been suspended on 22 April 2001 due to a failure to identify the alleged perpetrators. There were no reasons to review that decision. It was not possible to establish which federal agencies had taken away |
Saidkhasan Dangayev | 40. On 27 March 2004 the district prosecutor’s office quashed the decision to suspend the investigation and reopened the proceedings. The decision stated, inter alia:
“It is necessary to take the following investigative actions:
- to grant one of the relatives [of |
Murat Kasap | 10. I.H.Y. heard the shots fired by his colleague and thought that Murat Kasap might have a gun. According to his statement, he ordered Murat Kasap to stop and fired three shots in the air. While he was running after |
Grigolashvili | 110. In addition to the grounds of appeal submitted by the applicant’s lawyers, Mr Grigolashvili, as a victim, lodged a separate appeal against the judgment. Mr Grigolashvili submitted that he had never seen the applicant or spoken to him. According to Mr |
Zajko Zahirović | 20. On the same day the Supreme Court adopted a judgment in which it upheld the applicant’s conviction and increased his sentence to eight years’ imprisonment. The relevant part of the judgment reads:
“The Deputy State Attorney of the Republic of Croatia, after consulting the case file ... in a reasoned opinion of 16 March 2010 ... asked for the appeal lodged by the State Attorney’s Office to be allowed and the appeal lodged by the accused to be dismissed.
...
The accused |
Sakhrab Abakargadzhiyev | 54. On an unspecified date between February and March 2014 the investigators asked the first applicant to identify the body found on 1 July 2013. According to the applicant, she was not shown the actual corpse, but a photograph of it. She was able to tell from the photograph that it was not the body of her son Mr |
Ibragim Uruskhanov | 81. On 8 October 2006 the investigators questioned the applicant’s sister, Mrs S.M., who stated that on 12 April 2002 the applicant had informed her about Ibragim Uruskhanov’s abduction. According to the witness, on 24 April 2002 she had found out that human remains had been discovered on the outskirts of a nearby village. After she had arrived at the site, she saw fragments of human bodies and pieces of clothing scattered around. The witness had found black leather slippers that she had purchased for her nephew |
Mustafa Döleksoy’s | 8. At around 10 a.m. on 25 August 2007 Mustafa Döleksoy’s neighbours noticed a strong smell coming from his summer house near the town of Erdemli in southern Turkey. They informed the caretaker and the security guard of the summer house complex, who immediately went to |
Timerlan Akhmadov | 195. The first applicant is the mother of Mr Abdul-Malik Dishnayev, who was born in 1970, and his brother, Mr Abdul Dishnayev, who was born in 1974. The second and third applicants are their sisters. The fourth applicant is the father of Mr |
B[eslan] Arapkhanov’s | 87. On 19 August 2004 the district prosecutor’s office asked Sunzhenskiy District Hospital to produce the second applicant’s medical record, which contained information on the injuries he had sustained on 20 July 2004. They commented that the request was “in connection with the investigation in criminal case no. 04600044 concerning |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.