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A.R. “Vanagas” | 25. The plan specified that two detention groups were composed to effect the seizure: the first group, consisting of six operative agents and led by mayor J.O., was to be in a car approximately 200 metres from “Ž”‘s house in Kampo Street; the second group, consisting of six operative agents and led by mayor N.D., was to be in another car in Algirdo Street, approximately 300 metres from that house. As later established by the trial court, the applicant was included in the second detention group (see paragraph 38 below). Radio contact between the two detention groups and surveillance of the house as well as surrounding objects (railway tracks, bridges, and so on) was to be assured. The plan also stipulated that either group could arrest |
Metin Kürekçi | 12. On 17 January 2007 the Assize Court convicted Deniz Bakır, Metin Kürekçi, Necla Çomak and Alihan Alhan of membership of a terrorist organisation under Article 314 § 2 of the Criminal Code, on the basis of Articles 220 § 7 and 314 § 3 of the same Code. |
Ayubkhan Magomadov | 19. On an unspecified date a testimonial as to the character of Ayubkhan Magomadov was issued and signed by a number of sports officials from the Kurchaloy district and by more than 40 members of the football team and its supporters. It attested that he was a good player and a reliable member of the team and stated that, since 1994, when the hostilities had started in Chechnya, |
Maria Sampani | 38. The applicants Ionnis Sampanis, Christos Sampanis, Kyprianos Velios, Christina Veliou, Panayotis Liakopoulos, Kyriakos Sampanis, Panayota Passio, Ekias Bantis, Ako Passiou, Kyriaki Karahaliou, Vasilios Sampanis, |
Yılmaz Özcan | 41. The trial court also considered that the Forensic Medicine Institute's above-mentioned conclusion (see paragraph 35) discredited the applicants' allegation that Yılmaz Özcan had been killed in the garden by the first lieutenant and that his body had then been dragged by the soldiers. According to the “experience of the judiciary”, the injuries could have been caused by |
Deynichenko | 63. On 24 July 2014 the Moscow City Court found Mr Udaltsov and Mr Razvozzhayev guilty of organising mass disorder on 6 May 2012. The judgment contained the following findings:
“The witness Mr Deynichenko testified that on 4 May 2012 he had taken part in a working meeting at the Moscow Department of Regional Security... as a follow-up to the meeting a draft security plan was prepared, and all necessary agreements were reached with the organisers concerning the order of the march and meeting, the movement of the column, the stage set-up, access to the meeting venue, barriers and the exit from the stage; the [organisers] had agreed on that. The question of using the park at Bolotnaya Square was not raised because the declared number of participants was 5,000, whereas over 20,000 people could be accommodated in the open area of the square and the embankment, and [the organisers] had known that in advance. It had been discussed with them how the cordon would be placed from Malyy Kamennyy bridge to the park of Bolotnaya Square, so the organisers knew about the cordon in advance. The placement of the cordon was indicated in the [security plan]. This document was for internal use and access to it was only given to the police; the location of the forces could be changed in an emergency by the operational headquarters. The organisers did not insist on an on-the-spot visit; such visits are held at the initiative of the organisers, which had not been requested because they had known the route ... and the meeting venue ... [The witness Mr |
the Minister of Education and Science | 13. In an additional article published on 16 September 2000 under the headline “Blue MP promises to hush up false medical records scandal in Burgas”, the applicant again reported on the story, quoting comments made by Dr N.P. and mentioning that |
Ibragim Kushtov | 24. On various dates between February and May 2006 the investigators sent numerous information requests to various law-enforcement agencies and penal institutions concerning the possible arrest or detention of Mr |
Abdullah Öcalan | 6. On 17 and 18 July 2008, each of the applicants sent a letter to the Halfeti (Şanlıurfa) public prosecutor`s office which contained the following passage:
"If using the word of “sayın” (esteemed) is an offense, then I also say “Sayın |
Yane Sandanski | 17. According to a police report, drawn up in 1998 by the director of the police in the region and submitted to the Court by the Government, “fierce anti-Bulgarian declarations” had been made at the meetings of 22 April 1990 and 20 April 1991. In particular, on 22 April 1990 a declaration requesting the recognition of a Macedonian minority and cultural autonomy had been read out. The report did not mention any incident at that meeting.
As explained in the report, on 20 April 1991 about 300 to 350 Ilinden supporters had gathered during the official commemoration of the death of |
Artur Ibragimov | 49. On 16 December 2008 the Shali FSB replied to the investigators’ information request of November 2008, stating that there was information concerning Mr Artur Ibragimov’s involvement in illegal armed groups between 2003 and 2006. The relevant parts of the letter read as follows:
“... According to the information [we have gathered], from approximately the middle of 2003 [Mr |
Grażyna Garboś-Jędral | 58. The Court's case-file contains the following documents pointing to the monitoring of the applicant's correspondence:
(i) the applicant's letters of 5, 22 and 31 January and 7 February 1997 addressed to the European Commission of Human Rights are marked with a hand‑written note: “Censored” (Ocenzurowano) and an illegible signature and also bear a stamp: “Assistant Warsaw-Ochota District Prosecutor |
Bediüzzaman Said Nursi | 35. On 21 September 2010 the Zhelezhnodorozhniy District Court of Krasnoyarsk granted the prosecutor’s application, declared the book “The Tenth Word: The Resurrection and the Hereafter” by Said Nursi extremist and ordered the destruction of the printed copies. After summarising the applicable domestic law and the submissions by the parties, it held as follows:
“According to the specialists’ report of 24 December 2008 by the Astafyev Krasnoyarsk State Pedagogical University, [the specialists] read the book ‘The Tenth Word: The Resurrection and the Hereafter’ from the Risale-I Nur Collection by |
Said-Khuseyn Imakayev | 15. Adam Ts. testified that in the afternoon of 17 December 2000 in Lenin Street, Novye Atagi, he saw a military UAZ and Said-Khuseyn Imakayev's Zhiguli, driven by an unknown man aged 30-35. The car was driving at very high speed. He thought that Imakayev had lent the car to someone, as he sometimes did. Later that day he learnt that |
Sarali Seriyev | 49. The Government submitted that “... at about 5 p.m. on 1 June 2004 in Kirov Street in Belgatoy, in the Shali district of Chechnya, about fifteen unidentified persons in camouflage uniforms and masks, armed with automatic weapons, abducted |
Olga Biliak | 64. On 17 November 2006 the Kyiv City Forensic Medical Bureau (Київське міське бюро судово-медичної експертизи – “the Bureau”) issued a report in which it stated that Olga Biliak's death was caused by the hematogenously disseminated tuberculosis affecting the lungs, liver, spleen and other parts of the body, which led to purulent necrotising pneumonia. All these diseases had developed against the background of the concurrent HIV-infection. The lack of correct diagnosis had resulted in a failure to provide appropriate medical treatment; therefore, the death of |
Apostolidis | 8. The Government maintained that the identity check on the passengers of the car had been almost complete when Dimitrios Zelilof, who was passing by, had headed towards the police officers. Despite their initial warning, Mr Zelilof ignored the police officers, approached the car and started talking to the passengers. When Police Sergeant |
Shermandin Goderziyevich Mazmishvili | 7. On 18 November 1999 the Shuya Town Court of the Ivanovo Region found the applicant guilty of extortion and theft of a passport, and sentenced him to three years and one month’s imprisonment. According to the applicant, in order to spare his mother’s feelings, he told the prosecuting authorities that his name was |
Said-Ibragim | 5. The applicants are:
(1) Ms Aset Umarova, who was born in 1959;
(2) Ms Laura Alkhastova, who was born in 1981;
(3) Ms Luiza Umarova, who was born in 1983;
(4) Mr Ibragim Umarov, who was born in 1987;
(5) Mr |
Hasan Sumer | 108. On 25 May 1994 Mehmet Emre (Hacı Havina's son and the applicant's cousin) and Hacı Mehmet went to Zeyrek and spoke to Ahmet Potaş who said that the Orhans had been taken to Kulp District Gendarme Command by the soldiers in the evening. On 25 May 1994 the applicant, |
Isa Zaurbekov’s | 37. On 11 August 2005 the district prosecutor’s office replied to the first applicant’s query of 2 August 2005. The letter stated that the investigation in criminal case no. 20123 in connection with her son’s abduction had been opened on 17 June 2003, and that although all possible measures had been taken, |
Mustafa Sayğı | 24. According to a report prepared by the police on 14 January 2010, no prior applications had been made to them about the disappearance of Mustafa Sayğı. According to a similar report prepared by the military, no one had made any enquiries about any disappearance of a person with the name of |
Shakhnovskiy | 195. On 30 September 2004, the second applicant’s defence filed a motion in which they asked the court to require the state prosecutors to explain the reasons for the disappearance of American Express corporate cards from the case file, to take measures to obtain those cards and to add them to the materials of the case; and to present to the court documents on the basis of which the GPO concluded that the second applicant had allegedly been the head of Status Services. On 11 October 2004, the second applicant’s defence filed a motion seeking the disclosure from the archives of the Meshchanskiy District Court the criminal case against Mr |
Apti Elmurzayev | 30. On 1 February 2003 the military prosecutor's office of military unit no. 20102 (“the unit prosecutor's office”) informed the second applicant that military servicemen of the United Group Alignment, servicemen of the Ministry of the Interior of the Chechen Republic and the FSB agents had not detained |
Anna Moeseos | 9. On 8 February 1996 the owner of the affected property (of the servient tenement) filed an appeal before the District Court of Nicosia against both the applicant and the director, challenging the latter’s decision concerning the course and extent of the right of way granted to the applicant (appeal no. 86/96 |
Ognjen Grubić | 18. On 6 August 2010 a three-judge panel of the Zagreb County Court extended the applicant’s detention under Article 109 § 4 of the Code of Criminal Procedure for a further three months. The relevant part of the decision reads:
“By the judgment of the Supreme Court ... of 16 December 2009 the first-instance judgment ... of this court of 21 April 2009 in which the accused, |
Emirhan Yıldız | 24. On 9 December 1998 the prosecutor heard five police officers who had arrested and/or interrogated the applicants. On 15 July 1999 the prosecutor heard another police officer who had taken part in the interrogation of |
Orhan Ceylan | 125. The weapon which was used to kill Mr Adalı could not be identified. A number of spent cartridges were found at the site from which it could be established that they had been fired by a 9 mm firearm, but the make of the weapon remained unknown. Ballistic tests were carried out both in Turkey and in the “TRNC” to see if the bullets had been fired by a weapon known to the authorities, but to no avail. These tests included comparisons of sample cartridges held in the archives of the “TRNC” of all the weapons registered in the names of persons in the “TRNC”, such as the weapon belonging to Mr |
Vladimir Milanković | 28. Following the filing of the indictment against the applicants in the Osijek County Court (see paragraph 11 above), on 19 December 2011 a three-judge panel of that court extended the first applicant’s detention pending trial under Article 102 § 1 (4) of the Code of Criminal Procedure (gravity of charges). The relevant part of the decision reads:
“There is a reasonable suspicion (and therefore the existence of the general condition for pre-trial detention) that the accused |
Maksharip A. | 109. On 31 August 2008 Mr Magomed Ye. was detained on arrival at the airport in Nazran, Ingushetia, and shot dead in the police car. In December 2009 a court in Ingushetia found one officer of the Ministry of the Interior of Ingushetia guilty of causing death by negligence and gave him a suspended sentence. In August 2010 this officer was killed by unknown gunmen in Ingushetia. On 25 October 2009 another former co‑owner of the Ingushetia.ru site, Mr |
Yusuf Ekinci | 26. In a first statement taken on 25 February 1994 by the police from Yusuf Ekinci's assistant Güngör S.E., the latter declared that he had known Yusuf Ekinci since 1983, and that Yusuf Ekinci had dealt with compensation cases. He further stated that |
Mehmet Ata Deniz | 33. He said that on the night of 25 January he was informed by his nephew İdris Tanış that Serdar Tanış and Ebubekir Deniz had not returned from the station. For four or five days the authorities denied that they had been there. On the sixth day the commanding officer said that, as he had been out on a tour of inspection, the two men had been seen by a non-commissioned officer, Selim Gül, and had left the premises half an hour later. The witness lodged a complaint with the public prosecutor on 28 or 29 January. Subsequently he and |
Ilias Sagayev | 67. On 24 June 2005 the first applicant filed a complaint with the Urus-Martan Town Court concerning the investigating authorities’ inaction and their failure to provide him with access to case files nos. 61121 and 61126. In his complaint, he stated that Mr |
Umar Zabiyev's | 19. At 5.20 p.m. on 11 June 2003 a forensic expert commenced a post-mortem examination of Umar Zabiyev's body. According to the forensic report, there were numerous gunshot wounds to the body, namely three perforating wounds to the head; one penetrating, two perforating and two non-penetrating wounds to the chest; three perforating wounds to an arm; a wound to a shoulder joint and a wound to a buttock. It was also established that |
Speranţa-Lămîiţa | 14. By letter of 20 January 2004 the first applicant informed the Court that on the night of the events she had sought refuge together with the rest of the Lăcătuş family in the garden of their home. At the time, she had been two months pregnant with her younger daughter, the third applicant. She had been very scared and had remained hidden in the corn in the garden while she had witnessed the villagers burning down her home. Afterwards, according to her, both the villagers and the police officers accompanying them had started looking for her and the rest of the family but they had not managed to find them. When she had fled her home she had become separated from |
Adam Ayubov | 24. On 28 March 2001 the applicant’s family submitted to the Zavodskoy District Administration of Grozny a request to investigate his son’s disappearance, co-signed by eight of his neighbours. The neighbours described |
the Deputy Minister of Justice | 25. In the course of the court proceedings the applicant submitted several requests for the withdrawal of Mr B., stating that he did not need a lawyer at all. While the trial court made several requests to the local bar association inviting it to suggest another lawyer for the applicant, no replacement was found. The court also invited the applicant to hire a new lawyer himself, which the applicant did not do. By a letter dated 13 September 2000, the President of the Cherkasy Court informed |
Isa Zaurbekov’s | 53. The Government, who were invited by the Court to comment on these submissions by the first applicant, replied that the version concerning the possible involvement of federal servicemen or personnel of the law-enforcement agencies in |
a Tamas Somogyi | 35. According to the information supplied by the Government, identification of the applicant as an arms trafficker was based on the following evidence:
– the record of an interview with Mrs M. on 20 January 1995 during which she declared that |
Vakhit Avkhadov’s | 39. On 9 June 2003 the republican prosecutor’s office transferred the first applicant’s complaint about the abduction of her son to the district prosecutor’s office. The latter authority was instructed to verify the circumstances of |
Suleyman Tsechoyev | 66. In addition to the above investigative documents, copies of which the Government submitted to the Court, it can be seen from their memorandum of 2 October 2008 that the investigators also questioned five acting and former officers of the Malgobek prosecutor's office, all of whom denied that they had been aware of any connection between the K. family and Magomed Ye. One of these officers, quoted by the Government, stated that |
Boyarintsev | 151. On 20 January 2003 the investigating authorities questioned Mr Boyarintsev, then an assistant to the military prosecutor at military unit no. 20102. He submitted that on 29 December 2002 the military prosecutor of the UGA had directed him to visit the second battalion. Mr |
Kali Türemez | 56. This record was provided by security authorities to demonstrate that on 11 August 2003, six of the applicants from Cevizlidere, namely, Diyap Çılgın, Saycan Keskin, Kerem Keser, Cansa Özgül, Cemal Cila and Munzur Al, were offered construction material and monetary aid within the framework of the Government’s “Return to the Villages and Rehabilitation Project”. According to the record, the applicants refused to accept the aid and declined to put their refusal into writing by signing the record.
o) Statement of |
Nitsievskaya | 10. By decision (определение) of 23 October 2007, the Town Court presided over by the same judge who examined the applicant's case in 2006 granted the application. It held as follows:
“[T]he method of the assessment of pension rights ... has been set out in paragraph 13 of the Ruling of the Plenum of the Supreme Court of the Russian Federation no. 25 of 20 December 2005... and in the Judgment of the Supreme Court of the Russian Federation of 2 March 2007 in the case of |
Vladimer Kokosadze | 9. The applicants are 97 members of the Gldani Congregation of Jehovah’s Witnesses (“the Congregation”)[2], together with Mr Vladimer Kokosadze, Ms Nino Lelashvili, Mr Alexi Khitarishvili and Ms Leila Dzhikurashvili, who are also members of the said congregation and live in Tbilisi. It appears that Mr |
Ziyavdi Elmurzayev | 238. On 2 May 2002 the investigators questioned the applicant’s relative Mr A.E., whose statement concerning the abduction was similar to the one given by the first applicant and her husband. In addition, he stated that when he had arrived at the police station with the relatives and the head of the administration, Mr |
Samvel Avanesyan | 6. On 22 March 2006, following an application by a police chief and without the applicant’s knowledge, a judge of the Georgievsk Town Court of Stavropol Region issued a decision authorising the taking of “operational-search measures”, which read in its entirety as follows:
“[The court], having examined a decision by the chief of the Georgievsk district police station on the taking of operational-search measures,
FOUND AS FOLLOWS:
It follows from the decision and a memorandum that ... |
Maria Kopankova | 7. By a decision of the town mayor of 18 July 1988 the property was expropriated under the Territorial and Urban Planning Act with a view to constructing a residential building. The decision stated that each of the two owners (Ms |
Bergö-Högholm | 27. Meanwhile, following Olof Bruncrona’s death in May 1993, Marcus and Petter Bruncrona had declared that the Bergö-Högholm property formed part of the overall estate of the deceased for the purposes of the inventory of his possessions (perukirja, bouppteckning). Inheritance tax was levied inter alia in respect of the |
Rasim Ağpak | 31. On 16 March 1994 Mrs Şen was informed of her husband’s abduction 5 minutes after its occurrence by Osman Özer, one of the café’s employees. Mr Özer told her that two strangers had been in the café for tea. They seemed tense, made a telephone call and left. Then a Doğan SLX car (registration number 34 PLT 30) stopped in front of the café, blocking the door. Of the four unknown people in the vehicle, one stayed in the driver’s seat with the engine running, another, carrying a gun and a radio, waited at the door. That man was well dressed and middle-aged. Two others, casually dressed, strong looking and with apparent special training, walked towards |
the Chairman of Governors | 7. On 21 March 2001 the Head Teacher wrote to the applicant's parents to tell them that he remained excluded from school until 5 April 2001. She offered to provide extra work for the applicant and stated that if his parents so wished, they could write to |
Aslanbek Khamidov | 28. On an unspecified date the first applicant was admitted to the proceedings as a victim and questioned. She stated that at about 9 a.m. on 25 October 2000 a group of armed servicemen wearing camouflage uniforms had arrived at her house in an Ural vehicle and an armoured personnel carrier (“APC”) and had entered it. One of them - a heavily built man of medium height with dark complexion - had worn no beard or moustache and spoken Russian with a slight accent. The servicemen had not checked her husband’s identity papers but had ordered him to take his shirt off. |
Efthymia Tymviou | 11. On 15 April 2009 two of the applicant's children (Alecos Alexandrou and Yiannos Alexandrou) filed another application (no. 16/2009) with the Commission in order to obtain compensation with respect to 11 plots of land which had previously been owned by their mother and her late sister (Mrs |
Alis Zubirayev’s | 50. On an unspecified date A.K. was questioned. He stated that at about 5.30 a.m. on 21 December 2004 police officers had entered his house and asked him to go with them to the ROVD. At first he had been put in an APC and then in an UAZ vehicle in which he had travelled with the policemen. Upon arrival to the ROVD he had been questioned and then released. Having returned home he had learned of |
Robert Dragin | 49. On 7 October 2011 a three-judge panel of the Rijeka County Court extended the applicant’s detention under Article 109 § 2 of the Code of Criminal Procedure for a further nine months. The relevant part of the decision reads:
“The accused, |
Lema Dikayev | 85. On an unspecified date the investigators questioned the ninth applicant, who stated that at about 2 a.m. on 6 July 2002 a group of armed men in camouflage uniforms had broken into their house. The men had immediately gone to the room where she and her husband had been sleeping. The men had started beating |
Milana Betilgiriyeva | 7. The applicants are relatives of Ms Aset Yakhyayeva, born in 1956, and Ms Milana Betilgiriyeva, born in 1980. The first applicant is the stepmother of Milana Betilgiriyeva and sister-in-law of Aset Yakhyayeva. The second applicant is the mother of |
Lecha Khazhmuradov | 28. On 18 February 2004 the district prosecutor’s office quashed the decision of 1 October 2003 for the reason that the investigation was incomplete and resumed the proceedings in case no. 24376. They noted, in particular, that Mr |
Yeraly Israilov | 21. On 8 February 2005 the applicant and several neighbours signed a letter to the President’s Envoy for the Southern Federal Circuit. In it they referred to their previous applications to that office, as well as to the Chechnya and Dagestan Prosecutor’s Offices and to the Gudermes ROVD. They submitted that Mr Israilov had been detained in relation to the activities of his relative who had been a member of an illegal armed group and stressed that |
Kolovangina | 12. On 21 March 2002 the Regional Court upheld that decision and found as follows:
“Under Article 129 § 9 of the RSFSR Code of Civil Procedure a judge disallows an action if the action was lodged on behalf of the person concerned by a person who did not have the right to pursue the case.
As the power of attorney issued by Ms |
Musa Gaytayev | 30. On 5 September 2003 the military prosecutor’s office of military unit no. 20102 informed the first applicant that further to her request a number of enquiries concerning the security raids of 23 to 24 January 2003 had been sent to the official “power structures” (силовые структуры) of the Urus-Martan District. She was informed that |
Saïd Bouyid | 41. On 9 April 2008 the Indictments Division of the Brussels Court of Appeal, after refusing to join the case concerning the events of 8 December 2003 and 23 February 2004 to the new case that had been opened after the civil-party complaint of 5 February 2008, upheld the discontinuance order in a judgment that read as follows.
“...
The facts of the case can be summarised as follows:
– On 8 December 2003 the defendant [A.Z.] is alleged to have engaged in illegal police conduct against the civil party |
Abu Khasuyev | 76. On 12 December 2006 the investigators again forwarded a number of requests to various law enforcement agencies asking for assistance in carrying out investigative measures aimed at establishing the whereabouts of |
Abdullah Öcalan’s | 9. On 24 May 2005 the Istanbul Assize Court convicted the applicant of disseminating propaganda in favour of the PKK/KONGRA-GEL under section 7(2) of Law no. 3713 and sentenced him to six months’ imprisonment and a fine. In its judgment, the Istanbul Assize Court held that the content of the article and the publication of |
Aleksandrovich | 8. Ms Aleksandrovich was taken to the Pskov regional police station. The acting head of the station asked the senior operational officer of the property offences investigations division Mr I. to interview her. When asked about her identity, Ms |
Süleyman Kutluk | 82. After waiting there for some time, Mr Elçi was taken back to his office by several other officials (requiring 2 or 3 vehicles). His office was searched. All his belongings were put in sacks, including many case files, notebooks, books (except legal text books), newspapers, magazines, an address book and other documents. Amongst the case files were several involving applicants to the European Commission of Human Rights: Ahmet Özkan and others v. Turkey (No. 21689/93), Cağirge and others v. Turkey (No. 21895/93) and Ertak v. Turkey (No. 20764/92). A further application by |
“Eynulla Fatullayev” | 13. More than a year after the publication of the above article, during the period from December 2006 to January 2007, a person registered under the username “Eynulla Fatullayev”, identifying himself as the applicant, made a number of postings on the publicly accessible Internet forum of a website called AzeriTriColor. The postings were made in a specific forum thread dedicated to other forum members' questions to the forum member named |
Carlo Giuliani's | 54. On 4 September 2001 the public prosecutor's office instructed Mr Cantarella to establish whether the two spent cartridges found at the scene (one in the jeep and the other a few metres from Carlo Giuliani's body – see paragraph 31 above) had come from the same weapon, and specifically from M.P.'s weapon. In his report of 5 December 2001 the expert concluded that there was a 90% probability that the cartridge found in the jeep had come from M.P.'s pistol, whereas there was only a 10% probability that the cartridge found close to |
Klinefelter | 14. The Regional Court noted that external psychiatric expert T., in his report dated 28 January 2010, had diagnosed the applicant, whom he had examined in person, with an abnormality of the sex chromosomes (so-called |
Harun Avşar | 73. At the time of the impugned incident Infantry Private Rezvan Topaloğluları was on guard duty along with Private Harun Avşar at Haşim 8 guard post. In his statements to the authorities he mentioned, in so far as relevant, the following:
“...Today, on 13.10.1996 at around 6.45 a.m., the duty officer of the company, Non‑commissioned Officer Ali Ogdu, drove |
A.U. Karimov | 68. On 4 February 2005 the district prosecutor’s office informed the second applicant that
“... as a result of the examination of the criminal case file it has been established that the case was initiated on 14 January 2003 under Article 126 § 2 of the Criminal Code in connection with the abduction at about 3 a.m. on 11 January 2003 in Proletarskoye in Grozny district of |
Miclea Alexandru | 24. G.S. stated that he was a member of one of the police patrols that had been called to the scene of the incident. When he arrived S.L. told him that he had been physically assaulted by a group of people who had then run away. He maintained that he did not recognise any of the aggressors. The officer further stated:
“... I accompanied to the police station the person who had been assaulted [S.L.] and Mr D.V., who was also at the scene when the incident took place. The accompanied people had injuries on their bodies, probably caused by the stones with which they had been aggressed and their clothes had also been torn as a result of the incident. ... Subsequently, I was asked by T.I. to accompany home another person involved in the incident in order to avoid other unpleasant incidents, this person was |
Meischberger | 16. On 24 February 2000 the Vienna Court of Appeal (Oberlandesgericht), after having held an oral hearing, granted an appeal on points of law and fact by Mr Meischberger, issued an injunction against the applicant association prohibiting it from continuing to display the painting at exhibitions, and ordered it to pay the costs incurred by Mr |
Tayyip Ölmez | 10. On 11 November 1998 the İzmir State Security Court convicted the applicants as charged and sentenced Vahdettin Budak to life, Songül Karatağna and Mehmet Emin Yalçın to twelve years and six months and |
Nataša Kandić | 9. The applicant’s article on Ms Kandić appeared in Politika on 7 September 2003. The integral translation of the impugned article, titled “The Hague Investigator”, reads as follows:
“‘Even my son blames me for protecting everybody but the Serbs’, says the director of the Fund for Humanitarian Law.
Ms |
Ferrantelli | 29. On 15 February 2006 the applicant, still under arrest, was brought before the Court of Magistrates. He alleged that the law imposed a peremptory time-limit of twenty days for the conclusion of the committal proceedings. In the applicant’s view, this time-limit could not be extended by the Constitutional Court, as had occurred in his case. Furthermore, the applicant challenged the magistrate sitting in his case on the ground that she had already sat in the hearings preceding the constitutional proceedings. He invoked the principles laid down by the Court in |
Ibragim Uruskhanov | 56. On 6 May 2002 the investigators again questioned the applicant, who stated that at about 12 noon on 2 May 2002 in the central square of Urus-Martan a stranger had told her that on the outskirts of the village of Goyty, in the direction of Chechen-Aul, fragments of two human bodies had been discovered. The applicant immediately had gone to the site. There she had found fragments of trousers, a black T-shirt and two pieces of the footwear her son |
the Justice of the | 43. In his appeal the applicant claimed that his arrest and conviction for the administrative offence had been in breach of the domestic law and in violation of the Convention. He alleged that his right to freedom of expression and freedom of assembly had been violated. He contested the findings of fact made by the first instance as regards his conduct after he had left the meeting. He challenged, in particular, the court’s refusal to admit the photographic and video materials as evidence or to obtain the footage of the demonstration shot by the police. In addition, he complained about the manner in which the first-instance hearing had been conducted. In particular, he alleged that |
the Federal Minister of the Interior | 10. On 8 May 2006 the first applicant applied to have each conviction under Article 209 of the Criminal Code deleted from his criminal record on the grounds that Article 209 of the Criminal Code had been repealed by the Constitutional Court in the meantime. On 20 October 2006 |
Tayyip Ölmez | 9. By indictments dated 24 March, 8 May, 17 May and 22 May 1998 the public prosecutor at the İzmir State Security Court accused Vahdettin Budak, Songül Karatağna and Mehmet Emin Yalçın of membership of an illegal organisation and |
Gazanfer Abbasioğlu | 531. In conclusion, the Investigating Judge decided to remand in custody Sabahattin Acar, Tahir Elçi and Hüsniye Ölmez under Article 104 of the Code of Criminal Procedure; to release Bakir Demırhan, |
Mehmet Nur Terzi | 554. The report denounced the murder of several members of the Diyarbakır Bar between 1993 and 1995 by unknown perpetrators. Because of the state of war prevailing in the region at that time, most of the lawyers sided with the victims of violated rights. Lawyers were unlawfully detained, tortured, arrested and prosecuted on the basis of fabricated evidence. Some of the lawyers were convicted of offences. Others' trials were still pending. The applicants' “collective case” was referred to.
b) The opinion of |
Imran Dzhambekov | 65. At the end of March 2002 the first applicant talked to investigator Sergey L. from the district prosecutor’s office, who was in charge of her son’s case. He told her that he could not question anyone in the military commander’s office but that he had carried out checks and established that the APCs with the said numbers belonged to the district military commander’s office and the UAZ to the VOVD. He also said that when he had tried to put some questions to a serviceman from the commander’s office he had been threatened. The same investigator later told the applicants that he had visited the VOVD personally and had not found |
Balavdi Ustarkhanov | 38. On 12 February 2003 the investigators requested that the military prosecutor's office of military unit no. 20102 and the Criminal Search Department of the Ministry of the Interior in the Southern Federal Circuit inform them whether they had arrested or detained |
Akhmed Buzurtanov | 20. On 11 December 2012 the investigators requested that the Prigorodniy District Court grant permission to tap for thirty days the mobile telephone of Mr Akhmed Buzurtanov’s aunt, Ms Kh.B., and that of the second applicant, as earlier on the same date the investigators had obtained operational information that the perpetrators would try to call them to discuss payment of ransom for Mr |
Ruslanbek Alikhadzhiyev | 53. While being interviewed on 29 April 2006, the applicant confirmed her account of the events concerning the abduction of her husband and stated that at the end of the year 2005 a certain M.Z. had told the mother of |
Abdula Edilov | 51. On 27 and 28 April 2006 the investigators interviewed the applicant’s neighbours R.I. and Z.P.T. as witnesses. They stated that they had learnt about the abduction of the applicant’s son from the neighbours and that they had never told the applicant that |
L. Darbaydze | 164. The document that Mr Khanchukayev had refused to sign was an explanatory statement intended for the Procurator-General. It contained the applicant's assertions to the effect that he was Chechen and had been born in Grozny in 1981; had arrived in Georgia on 4 August 2002 and been arrested by the Georgian authorities; had been held for a few days in the Ministry of Security's investigation prison then transferred to Prison no. 5 in Tbilisi; and had been informed at the time of his arrest that he had been arrested for crossing the border illegally. The following sentence can be read at the bottom of this piece of paper: “The prisoner refused to sign this document and requested the assistance of a lawyer.” The document had been drawn up by Mr |
Vakha Dadakhayev | 80. At 6 a.m. on 2 April 2005 a group of seven or eight armed men in camouflage uniforms and black bulletproof vests broke into the applicant’s house at 26 Gvardeyskaya Street in Gekhi. They were of Slavic and Chechen appearance and spoke Russian and Chechen. The men were equipped with portable radio sets. One of them grabbed the applicant by the throat and threatened to kill her if she moved. The others forced Mr |
Anna Politkovskaja | 11. In a second written submission of 13 May 2008 the applicants added, inter alia, that the first applicant had previously worked with Amnesty International. Through this work he had come into contact with the journalist |
Kasım Açık's | 89. In 2001 an examination was carried out into the authenticity of the documents allegedly signed by Kasım Açık. In this connection, the arrest and body search protocols and the documents containing |
Sharani Askharov | 46. The investigation failed to establish the whereabouts of Mr Sharani Askharov and Mr A. S. The investigating authorities sent requests for information to the competent State agencies on 2 and 11 November 2001, 30 April and 22 December 2003, and 23 December 2004. However, it was not established that servicemen had been involved in the offence. Neither Mr |
Andrzej Janowiec | 49. In 2003, Mr Szewczyk – a Polish lawyer retained by the first applicant (Mr Janowiec) and by the mother of the second applicant (Mr Trybowski) – applied to the Prosecutor General of the Russian Federation with a request to be provided with documents concerning Mr |
Lom-Ali Aziyev | 32. On 11 September 2001 the second applicant submitted a complaint to the Chechnya prosecutor’s office. In it she outlined the circumstances of her sons’ detention and mentioned that in June 2001 she had seen a list of persons who had allegedly been detained at the Khankala military base and that the name of |
Maumousseau | 40. Lastly, there is evidence that on 15 January 2007 the French Central Authority sent a letter to counsel for the first applicant, beginning as follows:
“Dear Madam,
I have been informed by my counterpart in the United States that Mr Washington does not accept the offer of mediation that was made to him, since he cannot be certain of the mother's intentions, and this perhaps explains why you decided, at the same time as he was approached about a friendly settlement, to reactivate the criminal proceedings, of which I have been informed by the public prosecutor of Aix-en-Provence.
The terms of the US judgment being unequivocal, it seems pointless to bring any proceedings in the United States with a view to extending the contact between Charlotte and her mother before securing a change in the French decision concerning parental authority.
It is up to your client to lodge an application for that purpose with the family-affairs judge. The French Central Authority is quite prepared to confer once again with the US Central Authority in order to ascertain what assistance could be provided to Ms |
Mehmet Salih Acar | 106. On 13 September 1994 the Bismil public prosecutor informed the Bismil gendarmerie command that, about ten days before 29 August 1994, Mehmet Salih Acar had been abducted by two unknown persons – aged 25 or 26, speaking with a western Anatolian accent and one of them wearing glasses – who had come in a gunmetal Renault TX-model taxi without licence plates. The public prosecutor instructed the gendarmerie to carry out an investigation into the persons who had abducted |
M.S. Bagalayev | 16. On 2 August 2003 the district prosecutor’s office opened an investigation into Mamed Bagalayev’s killing under Article 105 § 1 of the Criminal Code (murder). The decision stated, inter alia, the following:
“... at about 6.10 p.m. on 1 August 2003 unidentified men in camouflage uniforms and masks, armed with automatic weapons, accompanied by an APC and a GAZ-53 vehicle, opened fire at random at the houses located on Kutuzova Street in Shali.
As a result, |
Nikola Vasilkoski | 20. On 7 April 2008 the trial started. Given the high number of accused, the trial court decided to hold hearings outside the court building. After taking oral evidence from the applicants, on 15 April 2008 the trial court accepted the proposal of the public prosecutor and replaced the order for prison custody with an order for house arrest in respect of all remaining applicants, except Mr |
Petro Polyansky | 13. In all their detention decisions the authorities repeatedly relied on a strong suspicion that the applicant had committed the offences in question, which was supported by evidence from witnesses. They attached importance to the fact that the offences had been committed in an organised criminal group. They further stressed that the applicant, if released, could easily abscond, having access to forged identity documents and being in contact with criminal groups abroad. In this respect the courts stressed that in the initial stage of the investigation the applicant had used a false identity and appeared under the name of |
Doğan Altun | 10. On 15 April 1999 post-mortem examinations were carried out on the deceased in the Turhal gendarmerie command's yard by a medical expert, in the presence of the Turhal public prosecutor. According to the expert's report, |
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