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Stoica Constantin | 13. On 6 April 2001 he was examined by a doctor from the Iaşi Forensic Institute. The certificate issued recorded the following:
“- On the exterior upper side of the left elbow: a discontinuous excoriation of 1,2x1 cm with red haematic crust.
- The space between the scapula and the vertebras: purple transversal linear ecchymoses, ranging from 9x3,2 cm to 5,52x2,8 cm, two on the right side, one on the left side.
- On the exterior side of the right arm: one red transversal linear ecchymosis of 5,5x2 cm.
- The subject states that he is experiencing pain in the right parietal epicranius but there are no visible exterior post‑traumatic lesions...
Conclusion
|
Mukaddes Çelik | 6. The applicant complained, in particular, that he had been blindfolded, forced to remain standing or sitting for a long time, deprived of sleep, forced to listen to loud music, suspended, squeezed in the testicles, beaten, stripped and made to lie in cold water.
b) |
Boyarintsev | 130. On 12 May 2003 the town prosecutor’s office referred the case to the military prosecutor’s office for examination. With reference to witness statements given by the seventh applicant, Ms Estamirova and Mr |
Lema Dikayev | 23. In support of their statements, the applicants of Lecha Basayev's family submitted the following accounts: an account by the first applicant dated 5 February 2004; an account by the seventh applicant dated 9 February 2002; an account by the sixth applicant dated 9 February 2004; an account by Mrs Kh. D. dated 9 February 2002 and an account by the fourth applicant dated 12 February 2004.
b) Abduction of |
the Minister of Justice | 12. Having held a hearing, the Regional Court, on 22 July 2003, found that the impugned passages were in breach of the presumption of Mr Kabas' innocence as guaranteed under section 7b of the Media Act. It therefore ordered the applicant company to pay 2,500 euros (EUR) in compensation to Mr Kabas, to publish the judgment and to pay Mr Kabas' costs of the proceedings. It found that the article taken as a whole was based on the assumption that there were persons whose guilt was established but only some of them were prosecuted. The article's statements concerning the misconduct of the Public Prosecutor's Office and |
Bergö-Högholm | 22. The registration (lainhuuto, lagfart) of the State as the lawful owner of the property in 1991 was challenged by Olof Bruncrona in a new civil suit seeking to obtain confirmation of his right of permanent usufruct in respect of the |
Vladimir Milanković | 46. The first applicant appealed against that decision to the Supreme Court and on 30 January 2013 the Supreme Court dismissed his appeal as ill-founded. The Supreme Court held as follows:
“It is therefore, in the view of this court, justified to remand the accused |
Akhmed Gazuyev | 111. On 26 January 2001 the Chechnya Prosecutor’s office examined the case file and ordered the district prosecutor’s office to take investigative steps, stating, amongst other things, the following:
“ ... These orders are to be followed in criminal case no. 24094, opened into the arrest of [Mr Kh. Elzh], [ |
Uncle Aslan | 61. As regards the events of 8 March 2005, the suspect made the following statement:
“On 8 March 2005 at around 9 a.m., Uncle Aslan, Vakhid and I were in the cellar. At that moment, we heard some knocks and understood that someone was trying to break down the door leading to the cellar. In response, |
Umar Musayev | 39. On an unspecified date the first applicant received a letter from the Urus-Martan prosecutor's office dated 24 August 2001. The letter contained a restatement of the facts of the detention of Ali and |
Serdar Tanış | 64. The witness said that on 29 January 2001 he, the President of the Human Rights Association in Diyarbakır, Osman Baydemir, and two other people went to see the Silopi public prosecutor, Kubilay Taştan. Mr Taştan told them that he had spoken on the telephone with the commanding officer of the Silopi gendarmerie, who had affirmed that |
the Minister of Finance | 10. By judgments of 24 September 1996 and 10 July 1998 the Sofia District Court and the Sofia City Court allowed the claim. They found the applicants’ title to be null and void on two grounds: 1) no decision of the mayor to initiate the sale procedure had been found in the case file; nor had the applicants established that such a decision had existed but had been lost or destroyed; 2) the sale had not been approved by |
Judith McGlinchey | 23. Lots of “coffee-ground” vomit (altered blood in the stomach) was recorded as being found on her bed. Pinderfields Hospital medical records showed that she was admitted at 9.18 a.m. Her mother was informed around that time that |
Murad Khachukayev | 68. On 12 February 2003 the investigation questioned witness Mr A.E., who stated that he had been present during the examination of the place of discovery of the remains and identified them as belonging to his cousin |
Sean Murray | 51. During the incident (but unknown to the police) two other telephone calls were made to the premises. The first was made by John Fitzgerald, Michael Fitzgerald's brother. The second, at about 7.35 p.m., was made by |
Timur Khambulatov’s | 16. In the very same submission of 17 December 2007 the Government further stated (page 13):
“... according to the letter of 1 April 2005 from Mr L., the head of the Internal Security Department of the Chechnya Ministry of the Interior, |
Ruslan Moldiyevich Nenkayev | 7. The applicants are:
1) Mr Moldi Nazhmudinovich Nenkayev, born in 1952;
2) Ms Zura Vakhayevna Nenkayeva, born in 1955;
3) Mr Isa Moldiyevich Nenkayev, born in 1977;
4) Mr Musa Moldiyevich Nenkayev, born in 1976;
5) Mr |
Yaragi Ismailov | 11. The first applicant's wife ran after her sons into the street. She saw several APCs, a military Ural car and groups of Russian military servicemen standing along the street. The vehicles were parked next to different houses with their engines running. The soldiers, who were waiting next to the vehicles, threatened to kill the locals if the latter went outside. The vehicles with the first applicant's sons drove away to an unknown destination.
b. Abduction of |
Hermann Maier's | 6. The article was meant as an ironic essay on the reaction of the Austrian population and media scene to the road-traffic accident in which the Austrian ski-racing champion Hermann Maier had injured his leg some weeks before. In this context the article cited and commented on various statements from Austrian and German newspapers and |
Elbek Tashukhadzhiyev | 28. On 26 February 2004 the military prosecutor’s office of military unit no. 44662 forwarded the applicant’s complaint to the military prosecutor’s office of the Budennovsk military garrison. The letter stated, amongst other things, the following:
“... the investigation established that on 15 March 1996 the military prosecutor’s office of military unit no. 44662 had opened an investigation under Article 103 of the Criminal Code in respect of officer Major A.Z. of military unit no. 74814. Circumstances of the case: on 11 February 1996, in Chechnya, Major A.Z. committed the murder of |
Aslan Maskhadov | 97. During an interview of 18 March 2005 V.L. Murdashev stated that Aslan Maskhadov’s activities had consisted of two components, a military one involving the organisation of attacks and a political one involving talks and negotiations. According to Murdashev, the military operations were usually devised by |
László Haraszthy | 1. The case originated in an application (no. 71256/11) against Hungary lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by six Hungarian nationals, Mr |
Nicolae Lupaş's | 13. Mr and Mrs B. applied for the case to be struck out on the ground that the applicants lacked the capacity to take proceedings, firstly because the land in question had been expropriated before Nicolae Lupaş's death, and secondly because they had not formally accepted their ascendant's estate. They submitted that the action was in any event inadmissible in that it had been brought solely by |
the Minister of Justice | 19. On 15 June 2010 the plenary of the SJC, including the Minister of Justice and the President of the SJC, dismissed the second applicant and Judge V.Dž. from the office of judge for professional misconduct. The grounds for the second applicant’s dismissal were as set out in the requests for her dismissal submitted by |
Adam Ilyasov | 25. On an unspecified date the investigating authorities questioned Ms M. Il., Mr Adam Ilyasov’s aunt, who was the Ilyasovs’ neighbour. She submitted that in the morning of 15 November 2002 she had been at home. When she had heard a woman crying she had left her room and in the yard she had seen armed men dressed in camouflage and wearing masks. The first applicant, who had also been in the yard, had told her that those men had taken Mr |
Anzor Tangiyev | 78. On 16 and 27 March 2010 the investigators questioned Mr A.D. His statements were similar to the account of the events given by the applicant in his submissions to the Court. Among other details he noted that some of the abductors had spoken unaccented Russian and that from his neighbors, who had witnessed the abduction, he had learned that the abductors had arrived in UAZ minivans. Mr A.D. alleged that the culprits had belonged to the federal forces and had apprehended him together with Mr |
Makhmudzhan Ergashev | 16. The applicant appealed, arguing that due to his Uzbek ethnic origin the aforementioned decision would expose him to a serious risk of torture. The applicant supported his appeal through reference, inter alia, to various UN sources, NGOs’ reports and the judgment of the Court in the case of |
Levon Gulyan | 48. On 16 April 2009 the investigator terminated the criminal proceedings. This decision, which, following an appeal by the applicant, was approved by the supervising prosecutor, provided a similar account of events to the decision of 12 March 2008, with the exception that it stated that |
Yane Sandanski | 24. On 8 April 1997 the applicant association informed the mayor of Sandanski and the local police that they were organising a meeting to be held on 20 April 1997 at the Rozhen Monastery to commemorate the death of |
Historic Monuments | 18. On an unspecified date in 2000 the applicants wrote to the Minister of Culture and National Heritage about the problem with their property. Their letter was dealt with by the National Inspector of |
Zayidov Ganimat Salim oglu | 29. On 7 December 2007 the Baku Court of Appeal upheld the Yasamal District Court’s decision of 21 November 2007. The relevant part of the appellate court’s decision reads as follows:
“The panel of the court considers that the first-instance court was correct in dismissing the request relying on Article 164.4 of the CCrP.
If any of the circumstances mentioned in Articles 155.1 and 155.2 of the CCrP exist, the court may refuse release on bail relying on relevant grounds.
The panel of the court considers that, as the arguments put forward in the appeal lodged by the lawyers of the accused |
Ivan Debelić | 12. In 2002 the applicant filed a constitutional complaint concerning the length of the proceedings. On 13 February 2004 the Constitutional Court (Ustavni sud Republike Hrvatske) declared his complaint inadmissible for lack of capacity to conduct legal proceedings, establishing that the applicant had not been a party to the proceedings complained of. The relevant parts of the Constitutional Court's decision no. U-IIIA-668/2002 of 13 February 2004 read as follows:
“2. The present proceedings, conducted before the Rab Municipal Court under the case file no. R.I.25/98, concern determination of the land borders. ... 4. Pursuant to section 69 paragraph 1(2) of the Constitutional Act, the Constitutional Court invited the Rab Municipal Court to file their observations in respect of the constitutional complaint.
In their observations the Rab Municipal Court stated: “ |
Popova Lyudmila Nikolayevna | 17. On 19 April 2000 the Tymovsk District Court inquired the Novoaltaysk Town and Tymovsk District police departments about the registered place of the applicant's residence. In May 2000 the Tymovsk District police department replied that the applicant had moved to Novoaltaysk in 1997. The District police department indicated her address in Novoaltaysk. The Novoaltaysk Town police department responded that the applicant had lived in Novoaltaysk and then moved to the village of Rebrikha. The letter of the town police department read as follows:
“To your inquiry of 19 April 2000 [we] inform you that Ms |
Abdul Kasumov | 36. On 10 December 2002 the investigators granted the second applicant victim status in the criminal case and questioned him. He stated that at about 3.30 a.m. on 22 November 2002 a group of five or six Russian armed military servicemen in camouflage uniforms had broken into his house. The servicemen had had a strong build and had not worn masks. The officers had grabbed |
Lykova Olga Aleksandrovna | 5. On 11 May 2004 the Sverdlovskiy District Court of Kostroma upheld the applicant's action against the Kostroma Town Council and ordered that the Council should:
“...provide Mr Lykov Mikhail Petrovich and his family members - a wife, Ms |
Ruslan Taymuskhanov | 28. On 3 March 2006 the district prosecutor's office informed the first applicant that the investigation in case no. 42061 into her son's kidnapping had been commenced on 31 March 2003 and had then been suspended on an unspecified date. However, measures were being taken to find |
Kamuran Alican | 15. On 4 May 1995 the first and the second applicants, and on 17 April 1995 the third applicant, brought actions for compensation against the Ministry before the Van Administrative Court. They were represented by the same lawyers. In their petitions, the applicants claimed that |
Isa Aytamirov | 46. On 25 February 2003 the district prosecutor's office requested the Grozny ROVD to take operational and search measures aimed at identifying witnesses to the kidnapping and its perpetrators. It also requested from unspecified bodies a description of |
Zelinkhan Isayev | 34. The servicemen asked Zelimkhan Isayev to disclose his sources of income. He replied that he was buying and reselling scrap. They beat him again and ordered him to sign the documents. Zelimkhan Isayev asked what the documents were. After that the servicemen put another plastic bag over his head and continued to torture him. At some point they filled his mouth with a foul-smelling liquid and forced him to drink it. The torture of |
Abdurrezzak İpek | 49. Also on 28 February 1996 Lieutenant-Colonel Alpı instructed the Diyarbakır police headquarters to take a statement from one Abdurrezzak İpek in respect of allegations of village destruction and disappearances. According to this letter, |
Mustafa Döleksoy’s | 26. On 4 December 2008 the Erdemli Public Prosecutor decided to close his investigation into the death. Taking into account the medical reports summarised above, the prosecutor considered that there was no evidence to show that |
Khizir Tepsurkayev | 57. On an unspecified date the investigators questioned another witness, a senior operational police officer of the VOVD, Mr R.K., who stated that on 27 August 2001 he and a colleague of his had participated in a special operation. The operation had been conducted with military servicemen of an unknown military unit. The military servicemen had stopped a VAZ-2107 car with B. Mairbek and a young man in it. According to the witness, at some point later he had found out that this young man was |
Adlan Dovtayev | 53. On 2 June 2003 the city prosecutor’s office decided, pursuant to the subject-matter jurisdiction rules, to transfer the investigation file in case no. 30002 to the unit prosecutor’s office. The decision described the circumstances of |
Movsar Khutsayev | 10. One of the servicemen put a gun to the second applicant's head and shouted: “Everybody lie down or we will blow up the house and shoot your wife”. The first applicant asked what was wrong. He was told that the group had arrived to carry out an identity check. The leader of the group ordered the first applicant and |
Ibragim Uruskhanov | 20. On 12 April 2002 the applicant complained about her son’s abduction to the Urus-Martan district prosecutor’s office (the district prosecutor’s office) and the VOVD and requested assistance in establishing his whereabouts. In her complaints to the authorities she stated that on the night of 12 April a group of masked men in camouflage uniforms had broken into her house and taken |
Ganna German | 14. The court also found that the following extract constituted a value judgment on the author’s part and rejected the claim in this respect:
“What if I were given more than a thousand bucks a month? ... I believe that all journalists dream of selling themselves for a flat in Kyiv, even those who already have one ... I listened to |
A. Khamzayev | 19. The applicants in the present case (or their close relatives) were granted victim status in criminal investigation file no. 12011 on various dates between March 2000 and June 2012 (see Appendix). Eight applicants were questioned and received victim status in March and April 2000. Six were granted victim status in April and May 2004, and one in March 2005. The other five received such status between December 2007 and July 2012. On 19 April 2004 the investigator of the Chechnya prosecutor’s office granted an application made by a lawyer, Mr |
Sandro Girgvliani | 144. On 21 June 2006 the preliminary investigation was closed. The first applicant and L.B.-dze were given five volumes of the criminal case file for consultation. On 22 June 2006 the whole case concerning both |
Khanchukayev | 139. During the meeting with a man and young woman from the Procurator-General's Office (see paragraphs 162-66 below), the applicants had been asked to sign documents without being informed of their contents. All of the non-extradited applicants had met those individuals, but in small groups. Mr Magomadov himself had been brought before the two members of the prosecution service in the company of Aslan (Khanoyev alias |
Mustafa Bölük | 19. On 26 February 1998 the Commission for the Prosecution of Civil Servants in the Diyarbakır province (Diyarbakır Valiliği Memurin Muhakematı Komisyonu) decided that no prosecution should be brought against the police officers |
the Director of Human Resources | 8. On 28 December 2000, in response to a letter from the applicant alleging the illegality of the refusal to renew her contract in that it was motivated by her convictions and her affiliation to the Muslim faith, |
Tibor Ipoly Daróczy | 13. The applicant lodged a complaint with the Ministry of the Interior, seeking permission to bear the name Tiborné Daróczy. In November 2004 the Ministry informed her that, since her husband’s official name was |
Usman Umalatov | 12. In support of their allegations, the applicants submitted the statements of the first and second applicants, as well as an affidavit signed by eight men who had been detained on 15 October 2002 together with |
Aslanbek) Ismailov | 6. The applicants are four families of Russian nationals who live in Achkhoy-Martan, Chechnya. All four applicant families are related to each other. The first applicant is the father of Aslambek (also spelled as |
Duran Kuşçu | 64. Mr Değirmenci is a gendarme expert sergeant who worked at Konaklı Gendarme Station until the end of June 1992. His immediate superior was Akın Yılmaz. There had been an attack on Konaklı gendarme station on 2 April 1992 and a terrorist, who had been arrested three days after this incident, was detained at the Mardin Provincial Gendarme Headquarters. On 21 April 1992 an operation was carried out in Kaynak hamlet during which the arrested terrorist showed the soldiers a hiding place in which a number of weapons were found. The hiding place was subsequently destroyed by the soldiers using pickaxes. This operation was carried out with the participation of approximately 40 gendarme officers and soldiers from the gendarme headquarters in Mardin, and the Konaklı and Akıncılar stations. Sergeant |
and Freedoms | 18. On 24 March 2003 the first and second applicants complained to the head of the administration of the Chechen Republic and the Envoy of the President of the Russian Federation for Ensuring Human Rights |
Amirov Ruslan | 61. In written instructions of 24 November 2008 the investigator in charge was ordered to carry out a number of measures and, in particular, to check whether Mr M., servicemen of regiment no. 531 of the Russian Ministry of the Interior, serviceman named Vladimir or Mr |
David Price | 10. In December 1995 Mr Christie commenced an action in the High Court for defamation against the applicant, the magazine's editor and the publishing company. The editor and publishing company were represented by a solicitor-advocate specialising in defamation and media litigation, Mr |
Ahmet Ayder | 64. In the proceedings before the Commission, the applicants submitted a “Report on Determination of Damaged Buildings”, which had been given to the HRA by the Lice public prosecutor. The third section of this report lists 402 owners of 436 private homes and/or stables and the extent of damage sustained by these properties (the preceding sections of the report concern commercial premises and public buildings). According to this section of the report, the houses of |
Krunoslav Olujić | 14. Counsel for the Government nominated another witness to give evidence about the applicant’s contacts with B.Č. in Osijek. The NJC accepted that proposal. As to the evidence relied on by the applicant, the transcript of the hearing reads:
“Dr |
Ramzan Babushev | 57. On 14 February 2003 the investigators questioned the first applicant's sister-in-law, Ms E.B. She stated that on 4 February 2003 the first applicant had come to her house and told her that at about 11 a.m. on that day the head of the Khattuni OVD and police officers had arrived at their house and asked |
Hüseyin Cesur | 42. The witness was a village guard in Boyunlu village. On 23 July 1993, while he was in the village, he and others received a request for help from others who had been cutting poplar trees near Ormandışı and had clashed with terrorists. The guards went to the place and found that two persons had been injured. The terrorists were firing randomly while dispersing. The guards followed them. On entering the village, the terrorists continued firing. The guards entered the village; apparently two villagers were killed and the terrorists ran from the village. Security forces then arrived. The next morning, an operation was carried out but no result was achieved. The guards were asked to return to their village.
Statement by |
Andarbek Bugayev | 9. According to the applicants’ neighbour Ms R.M., on that night, at about 4 a.m. the same group of men broke into her house. They introduced themselves as military officers conducting an identity check. After having searched the house, the men left. Sometime later the witness heard noise from the house of Mr |
Ruslan Kasumov | 46. On 17 March 2003 the district prosecutor’s office acting on the basis of the first applicant’s complaint of 14 February 2003 instituted an investigation of Ruslan Kasumov’s abduction under Article 126 § 2 of the Russian Criminal Code (aggravated kidnapping). The decision stated that |
Loboda G.I. | 17. On 13 August 2003 the District Court found the applicant guilty of the charges. It found that although the case had eventually been settled, there was sufficient evidence that the applicant’s initial intent had been fraudulent. In justifying that finding, the court noted, in particular, as follows:
“As regards the arguments by the defendant |
A. Stoginenko | 7. On 2 July 1997 the applicant published an article about Mr V. Durdynets, who at that time was the acting Prime Minister of Ukraine. The article was entitled “Durdintsovshchina” (the first article) and described the dismissal of Mr |
Yane Sandanski’s | 18. The applicants started by pointing out that two events took place on 22 April 2007. The first was the one which their organisation, UMO Ilinden – PIRIN, held in Melnik, in front of Yane Sandanski’s monument. The other was the one held by UMO Ilinden – a similar but separate organisation – at |
Vasilijs Zaicevs | 8. As soon as the applicant had left the office, Judge M.J. drew up a regulatory offence report (administratīvā pārkāpuma protokols). This document, which was written entirely by hand, read as follows:
“Liepāja, 20 July 2000 11.30 a.m. Regulatory offence report prepared by Judge [M.J.] of Liepāja District Court concerning Mr |
Imran Dzhambekov | 10. The first four applicants are relatives of Imran Dzhambekov, who was born in 1979. The first two applicants are his mother and father, and the third and fourth applicants are his younger sister and brother. The Dzhambekov family live in their own house at 209 Sovetskaya Street in the village of Goyty in the Urus-Martan district. In March 2002 |
Yusuf Ekinci | 30. Güngör S.E. further stated that, on 24 February 1994, he and Yusuf Ekinci had gone to the Palace of Justice. After their return to the office, Yusuf Ekinci had a meeting with his cousin Murat İ. In the afternoon, |
Vidzha Umayev | 21. On an unspecified date in October 2006 the first applicant received a phone call on her mobile phone from a person who whispered “Mother, mother!” and then suddenly the conversation was disconnected. The first applicant inferred that it was |
Rodrigues da Silva | 40. The High Court further pointed to the Supreme Court’s judgment reported in Norsk Retstidende (“Rt.”) 2009-534 (see Nunez, cited above, § 23), in which Norway’s international obligations were also assessed, including the European Court’s judgment in |
Mokhmad Mudayev | 24. The Government did not challenge most of the facts as presented by the applicants. According to their submission of 25 July 2008 “... on 29 September 2003 an investigator of the Grozny district prosecutor's office initiated an investigation of criminal case no. 42172 opened in connection with the abduction of Aslan and |
Lyubov M.-E | 49. On 27 October 2014 Albina A., M.A.’s sister-in-law, wrote to the Moscow-based human rights NGO Civic Assistance. On the same day she and her husband Mr Akhmad A., M.A.’s brother, produced affidavits to the applicant’s lawyers in Moscow. From these documents it appears that both brothers had left Aleppo in Syria because of the hostilities there, that their neighbourhood had been destroyed, that many of their relatives had been killed, and that they had no contact with the surviving family members. They had been unable to meet with M.A. at the detention centre, with the exception of one brief visit on 22 October 2014. The visit had lasted about ten minutes and a detention centre officer had been present. When M.A. had started to write down a complaint in Arabic, it had been taken away by the officer who had said that it was not allowed. M.A. had not been aware that he had signed a withdrawal of his asylum request prior to the meeting with his relatives. He had said that he had signed the papers under pressure from the FMS staff. His brother had managed to covertly obtain his signature on a complaint and a request to be allowed visit from his relatives and representative, Ms |
Mustafa Öztan | 55. The Government's witnesses maintained, however, that no houses were set alight on 23 October but that houses had burned down the previous day as a result of fighting between the PKK and security forces. Yet those inhabitants of the Kalı neighbourhood who appeared before the Delegates and who had been in Lice on 22 and 23 October were adamant that their houses had still been intact at daybreak of that last day. In this respect the Commission found significant the assumption expressed by the police chief constable |
the Minister of Justice | 47. In its reasoning, the Court of Appeal firstly took the view that to say that in handling a case an investigating judge had shown “conduct which [was] completely at odds with the principles of impartiality and fairness”, or in other words conduct incompatible with professional ethics and her judicial oath, was a particularly defamatory accusation as it was tantamount to accusing her of lacking integrity and of deliberately failing in her duties as a judge, thus questioning her capacity to discharge those duties. It further found that the applicant’s comments concerning the delay in forwarding the video-cassette amounted to accusing the judges of negligence in the handling of the case, thereby discrediting the professional competence of the judges and implying that the latter had deliberately kept hold of the cassette after the case was withdrawn from them, with the intention, at least, of causing obstruction. Allegedly, it was only because the lawyers had raised the matter with Judge P., followed by that judge’s request to Judge M., that the item of evidence had finally been obtained on 1 August 2000. The Court of Appeal added that such assertions, attributing to those judges a deliberate failure to perform the duties inherent in their office and a lack of integrity in the fulfilment of their obligations, constituted factual accusations which impugned their honour and reputation. It found this to be all the more true as the applicant, referring to the handwritten card from the public prosecutor of Djibouti to Judge M., had emphasised this atmosphere of suspicion and the negligent conduct of the judges by stating that this document proved the extent of the “connivance” between them. The court noted, on that point, that the word “connivance” represented in itself a serious attack on the honour and reputation of Judge M. and the public prosecutor of Djibouti. It merely served to confirm the defamatory nature of the previous comments, especially as the article added that the applicant had asked |
Visadi Shokkarov’s | 16. On 11 February 2003 Visadi Shokkarov’s lawyer informed the applicants about his client’s death. On the same date in the Mozdok town morgue the applicants collected a burnt and unidentifiable corpse without internal organs; they were told that it was |
D/S Simpson | 20. The inquest heard evidence that the murderers had used a red Ford Sierra car with the registration no. VIA 2985, which had been hijacked by three men from a taxi driver, W.R., shortly before the murder. |
Klaus Barbie | 13. An unabridged version of the written submissions – known as the “Barbie testament” – which were signed by Klaus Barbie and lodged by Mr Vergès, his lawyer, on 4 July 1990 with the judge investigating Barbie’s treatment of members of the Lyons Resistance was appended to the book. Many of the questions raised by the first applicant were based on a comparison of that document with the “official” version of history. In the conclusion to his book, he said that there was no evidence in the archives to substantiate the accusation of treachery made by |
Nina Titten Brandt-Kjelsen | 6. The applicants are:
1) Ms Berit Mogan Lindheim, born in 1953, who lives in Gvarv;
2) Mr Knut Heian, born in 1953, who lives in Åsgårdstrand;
3-4) The spouses Mrs Ellinor Nilsen and Mr Georg Nilsen, born in 1943 and 1940, who live in Larvik;
5) Ms |
Zelimkhan Isayev | 46. By a decision of 12 June 2004 D.Ch. discontinued criminal proceedings against Zelimkhan Isayev in view of his death. The decision stated that on 8 May 2004 a criminal investigation had been opened in respect of A.M., who was suspected of terrorist activities and participation in illegal armed groups. The case was assigned the number 94/22. The investigation established that in October 2000 A.M., together with several persons, including |
Cengiz Kaçmaz | 25. At a hearing on 29 September 1992 Salih Acar, Yusuf Acar and the applicant İbrahim Akan appeared before the Midyat Assize Court. Salih Acar and Yusuf Acar identified the village guards Ethem Seyhan and |
Fatma Deniz Polattaş’s | 39. On the same day, Nazime Ceren Salmanoğlu’s mother stated before the first-instance court that she had seen her daughter one day after her arrest and that there had been a bruise on her daughter’s lips then. She further contended that three to four days after the arrest she had seen the applicant again and observed another injury on her lips. She finally stated that her daughter had not told her that she had been subjected to ill-treatment in custody. The first-instance court also heard |
Ruslan Magomadov | 71. According to the Government, the investigators also requested information from various State authorities about the disappearance. On various dates these authorities, including the district offices of the FSB and the military prosecutors' office, stated that they had not detained |
Stéphanie Nicot | 45. The Nancy tribunal de grande instance delivered an initial judgment on 7 November 2008. It pointed out that it was “now unanimously recognised by both domestic and European case-law that transgender persons [had] the right to respect for their private life” and were therefore entitled to have their gender and forenames amended on their civil-status documents. However, the court stressed that a number of conditions had to be met, stating as follows:
“[T]he gender identity disorder [must] be established not only medically (usually by a multi-disciplinary team of doctors, surgeons, an endocrinologist, a psychologist and a psychiatrist), but also judicially, either by means of an expert assessment (although the court is not required to order one) or on the basis of medical certificates produced by the person concerned establishing with certainty that he or she has undergone medical treatment and surgery in order to achieve gender reassignment.”
The court went on to find as follows:
“Persons wishing to have their gender changed in their civil-status documents must demonstrate that they have undergone medical and surgical treatment for therapeutic purposes and have had previous surgery to remove the external characteristics of their original sex.
Hence, only ‘genuine’ transgender persons can have the gender markers in their civil-status documents changed, that is to say, persons who have already undergone an irreversible gender reassignment process.
In other words, a court may order individuals’ civil-status documents to be amended to reflect their preferred new gender only after they have genuinely altered their sexual anatomy to make it conform as closely as possible to their preferred gender.
These medical and surgical conditions are explained by the fact that a genuine gender identity disorder, which is characterised by ‘a deeply held and unshakeable feeling of belonging to the opposite gender to one’s genetically, anatomically and legally assigned gender, accompanied by an intense and consistent need to change one’s gender and civil status’, must be distinguished from other related but different concepts such as transvestism, which is based solely on reversible outward appearance and does not entail a change of anatomical sex.
In the present case, although S. Nicot is female in appearance and has provided documents and invoices issued to him by certain bodies in the name of Ms |
Mahmut Atlı | 39. The applicants from Cevizlidere, together with fellow villagers, filed complaints with the Public Prosecutor’s Office in Ovacık. They stated that the security forces required them to vacate their houses right away. They further complained that they had been able to save very few domestic items before the security forces burned down their houses and harvest.
b) Witness statement of |
Ramzan Babushev | 28. On 14 July 2003 the first applicant wrote to the head of the department of the search for missing persons of the Vedeno ROVD, to the military prosecutor's office of military unit no. 20116 and to the military prosecutor's office of the United Group Alignment (“the military prosecutor's officer of the UGA”). In her letters she described in detail the circumstances of her husband's abduction and stated that he had been abducted by officers of the Khattuni OVD under the command of Mr Y.B. and by servicemen of Russian military forces who had arrived in an APC and taken him away in this vehicle. She pointed out that the servicemen had searched the house and had taken away family possessions; that some time later she had found out that her husband had been transferred from the local department of the FSB to the Khattuni OVD; that officer V. K. had seen |
Ekrem Şendoğan | 147. The statement was requested by the Mardin Assize Court in its rogatory letter of 12 July 1993. Public Prosecutor Şevki Artar stated that the public prosecutor's office had been informed that a person detained at the investigation and interrogation unit of the Mardin provincial gendarmerie had fallen ill and died as he was being transported to hospital. Together with Public Prosecutor |
Shchiborshch | 107. The second applicant further contended that S.’s submissions to the effect that while on the balcony Mr Shchiborshch kept moving around and hitting his head and shoulders against the glass remaining in the window frames was equally untenable. Should that have been the case, Mr |
Mukaddes Çelik | 15. On 15 October 1999 the Istanbul Forensic Medicine Institute, on the basis of the above-mentioned medical reports on the applicant, issued a final report in which it concluded that the injuries noted in those reports rendered him unfit for work for two days.
b) |
Ramazan Oral | 10. On 31 May 2001 police officers took statements from Deputy Superintendent Ramazan Oral, who complained that he had been attacked by the applicant. He also requested them to institute criminal proceedings against the applicant. At 2 a.m. on the same day |
Abdullah Gül | 5. On 27 November 1995 The Guardian newspaper published an article written by Jonathan Rugman entitled “Turkish Islamists aim for power”, based on an interview held with Mr Abdullah Gül, a Member of Parliament (“MP”) for Refah Partisi (“the Welfare Party”) at the material time. The relevant part of the article read as follows:
“ |
Khasmagomed Estamirov | 13. In November 1999 the first applicant, his mother and his four-year old nephew (the fourth and fifth applicants) left Grozny for Ingushetia because of the renewed hostilities. A part of the family remained in Grozny to look after the house and property. They were the first applicant's father, |
Abdülhakim Güven | 66. On 16 November 1993 the applicant was taken into custody by gendarmes after leaving the Diyarbakır State Security Court around 4.30 p.m., together with Meral Daniş Beştaş, Mesut Beştaş and Baki Demirhan. He was transported to the Diyarbakır provincial gendarmerie command. When he was interrogated, he was questioned about the cases he had defended before the State Security Court. He was accused of assisting PKK detainees by acting as a courier and not charging fees for his work. He was told that the PKK confessor, |
I.T. Ostayeva | 74. On 9 June 2005 between 12.37 and 4.19 p.m. an investigator from the Prosecutor General’s Office again interviewed Vakhid Lakayevich Murdashev, who by then had the status of accused in criminal case no. 20/849. The interview took place in the presence of the lawyer |
Tugendhat J | 25. The police estimated that there were a maximum of 2,000 people within the cordon at the peak time and 1,000 in the crowd outside it. Analysis of the documentary and video evidence admitted at trial indicated that, over the course of the afternoon, some 392 people were released individually. It was accepted that this figure was unlikely to be accurate, but |
Gretel Janssen | 18. On 2 March 1989 the Duisburg Social Court dismissed the action on the ground that, pursuant to Section 539 §§ 1 and 2 of the Social Security Act (Reichsversicherungsordnung), the plaintiff was not insured against accidents at work. The court found that Mrs |
Ye.G.Chuganov | 42. On 1 December 2000 the Ombudsman sent a letter to Mr Ustinov, the Prosecutor General of the Russian Federation. The Ombudsman strongly condemned the use of derogatory terms such as “sect” and “totalitarian sect” in the documents issued by State officials. In its relevant part the letter read as follows:
“...In particular, the letter from the deputy Prosecutor General, |
Gegham Sergoyan | 34. A number of witnesses were questioned during the proceedings, including Gegham Sergoyan’s fellow servicemen. In particular J.G., who had personally witnessed the events of 15 April 2007, testified that he had seen H.G. swear at |
Mammadova Najiba Isa gizi | 29. On 20 November 2006 the Court of Appeal upheld the first-instance judgment and dismissed the applicant’s appeal. The Court of Appeal’s judgment made no mention of the applicant’s request to show the video recording of the search. It also failed to reply to the question how the applicant had obtained the weapons and when he had buried them in the garden. Nor did the appellate court hear R.M., the police officers or the two attesting witnesses who had signed the search record. It did not provide any explanation as to the absence of R.M. However, the applicant’s neighbour did give evidence in the proceedings. The relevant part of the Court of Appeal’s judgment reads as follows:
“The witness, |
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