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Beslan Baysultanov
42. Between 18 and 20 May 2006 the investigators interviewed two residents of Ken-Yurt, as well as R.G. and A.D., the applicants’ relatives who had been present at the time of Beslan Baysultanov’s abduction. The former stated that they had learnt about the kidnapping of
Milan Zdjelar
38. On 23 November 2016 the OCSAO requested that the police in Sisak carry out interviews with one F.K., who possibly had information about the men who had killed Milan Zdjelar; to interview B.J., A.A., N.S., G.G. and M.T., members of the “Tigers” brigade who had been in Crni Potok during Operation Storm, about their whereabouts during the operation; to locate three commanders of the Croatian Army unit whose members had allegedly buried
Rafał Frasik
38. By a letter of 11 July 2001 the presiding judge informed the applicant, his lawyer and I.K. that their requests for leave to marry in the remand centre had been refused. The letter read, in so far as relevant, as follows: “The Kraków-Śródmieście District Court Second Criminal Division hereby informs you that the application for leave to contract a marriage in prison made by the accused
Groenewegen
231. On 4 August 1998 Police Superintendent Ronald Groenewegen of the Amsterdam/Amstelland police drew up a record describing the events which he himself had witnessed. On the evening of 19 July 1998 Superintendent
Khanchukayev
55. As to the non-extradited applicants, Mr Margoshvili has been free since his acquittal on 8 April 2003 (see paragraph 94 below); Mr Gelogayev was released following a judgment of 6 February 2004 (see paragraph 99 below); Mr
Hardial Singh
30. On 14 January 2011 the applicant submitted his application for permission to apply for judicial review, in which he challenged his continuing detention on the grounds that it was contrary to the Secretary of State’s published policy on the detention of persons suffering from serious mental illness (“the mental health concession”); that it was contrary to the Secretary of State’s published policy on the detention of persons who had been victims of torture (“the torture concession”); and that it was contrary to the principles set down in R v. Durham Prison Governor ex parte
Yusuf Ekinci
40. In a statement taken by the police on 27 February 1994 from Vetin A., a business man and a hometown friend of Yusuf Ekinci, the witness declared that he used to see Yusuf Ekinci quite often and that the latter's brothers were involved in politics. He confirmed that
Ismail Dzhamayev
25. On 13 March 2002 the Prosecutor’s Office of the Grozny District (прокуратура Грозненского района) instituted a criminal investigation under Article 105 § 2 (a) of the Criminal Code of Russia (murder of two or more persons) in respect of the disappearance of 13 residents of Stariye Atagi, including Mr
Örn Clausen
13. In the spring of 1996 Mr Örn Clausen, husband of Mrs Justice Guðrún Erlendsdóttir, had sought a solution to certain financial problems arising from the inability of a debtor, Mr Edvard Lövdal, to pay certain debts with respect to which Mr
Ahmet Sadık
10. For practical reasons, Mrs Zarakolu will continue to be called “the applicant”, although Mr Zarakolu is now to be regarded as such (see Dalban v. Romania [GC], no. 28114/95, § 1, ECHR 1999-VI and see also
Touseef Ali
23. The registrar of the police station provided a copy of a stamped FIR 65/2007 in Urdu. It was translated as follows: “16. FIR no. 65/2007 was the first information report regarding a crime and included a signed statement by the person reporting it to the police. The report was issued at the Gulshan Iqbal police station, district Gulshan Iqbal Town. The person reporting to the police, Mr.
Batyr Albakov’s
24. On 3 November 2009 the head of the Sunzhenskiy district investigative division of the prosecutor’s office of the Ingushetiya Republic quashed the decision of 1 November 2009 and re-opened the criminal investigation. In particular, he stated that the investigator had failed to verify the circumstances of
U.M. Mamadaliyev
23. On 6 June 2012 the Prosecutor General’s Office of the Russian Federation made enquiries with the Russian Ministry of Foreign Affairs on the issue of the applicant’s extradition to Kyrgyzstan. On 21 June 2012 the Ministry of Foreign Affairs replied as follows: “... the Ministry of Foreign Affairs has no information which prevents the extradition of the Kyrgyz national
Abdul-Yazit
110. On 1 December 2010 investigators conducted a witness confrontation between the applicant and Shali ROVD officer I.K. The latter confirmed that on 4 August 2009 he had gone to the applicant’s house along with other police officers, and had inquired which of the three Askhabov brothers was
Usman Mavluyev
129. On 28 July 2009 Mr M. was questioned again. He gave some new details concerning his brother's disappearance. He submitted in particular that on 8 January 2000 the 15th regiment of the internal troops of the Russian Ministry of the Interior had been on duty at the Chernorechye checkpoint. In the spring of 2001 Mr M. had found out that between April and July 2000 his brother had been detained in cell no. 161 of the remand prison at 56 Zhelyabova Street in Voronezh. His inmate, Mr To., had told Mr M. that
Hüseyin Koku
48. On 11 November 1994 the chief of the Elbistan Police Headquarters sent a letter to the chief of the Kahramanmaraş Police Headquarters in which he wrote that he had questioned a number of persons who owned shops on Malatya Street where
Zemlyanskiy
31. He had also complained to the Prosecutor General's Office, but his letter had not, according to him, reached the addressee, having been stopped by the prison authorities. He said that the Prosecutor General had visited the prison in mid-September 1999, but the applicant was not aware of the results of the visit. The Prosecutor General, accompanied by Colonel
John O’Groats
6. The applicant adheres to a firmly held belief in the inoffensiveness of the human body. This has in turn given rise to a belief in social nudity, which he expresses by being naked in public. In 2003 he decided to walk naked from Land’s End in England to
the Minister of the Interior
60. It was possible to appeal against the commission’s decision. Where a report on the incident had been filed by a staff member no higher in rank than a deputy governor, the prison governor could quash the penalty. Where the report had been filed by the governor himself, the detainee could appeal to the director of the Prison Department. From there an appeal lay to
Movsar Musitov
8. On 12 May 2001 the applicant’s son Isa Kaplanov, born in 1965, his wife, Melina Mezhidova, the applicant’s son-in-law, Ruslan Sadulayev, born in 1962, her daughter Lidia Kaplanova and their neighbour
Pentikäinen
37. On 17 December 2007 the Helsinki District Court (käräjäoikeus, tingsrätten) found the applicant guilty of contumacy towards the police under Chapter 16, section 4(1), of the Penal Code but did not impose any penalty on him. The applicant stated before the District Court that he had heard the orders to disperse at around 8.30 p.m. but had understood them as applying only to the demonstrators. The court found it established that the police actions had been legal and that the applicant had been aware of the orders of the police to leave the scene but had decided to ignore them. It appeared from the witness statements given before the court that the applicant had not said or indicated to a police officer standing nearby at the time of the apprehension that he was a journalist. According to this police officer, this fact only became known to him when the magazine relating the events at the demonstration came out. It appeared also from the witness statement of another journalist that he and a third photographer, who had been in the sealed-off area, had been able to leave the scene without consequences just before the applicant was apprehended. This last remaining journalist stated that he had taken his last photograph at 9.15 p.m. and left the area just two to three minutes before the applicant’s apprehension took place. The District Court found it further established that the police orders had been clear and that they had manifestly applied to everyone in the crowd, which consisted of demonstrators as well as bystanders and other members of the public. Moreover, the District Court examined the justification of the interference of the applicant’s right under Article 10 of the Convention in the following manner. “... It is disputed whether Mr
Adam Makhashev
114. At 12.15 p.m. on 1 June 2005 the investigators of the town prosecutor’s office arrested the second applicant. The reasons for his detention were stated in the arrest report as follows: “... witnesses directly identified
Papageorgiou
27. Referring to the case-law of the European Court of Human Rights and, in particular, to the judgments in Stran Greek Refineries and Stratis Andreadis v. Greece (9 December 1994, Series A no. 301-B) and
Ter-Petrosyan
17. On 2 March 2008 another criminal case was instituted, no. 62202608, under Article 225 § 3 and Article 235 § 2 of the CC (see paragraphs 96 and 98 below), in connection with the above-mentioned events. The decision stated: “[Mr
Ali Gastamirov's
92. On 25 July 2005 the district prosecutor's office informed the seventh applicant that the investigation in criminal case no. 63013 had carried out a number of investigative measures. It had forwarded queries concerning
Sharpudi Visaitov
193. On 28 February 2003 the nineteenth applicant was granted victim status and questioned. In her statement about the detention of her son Sharpudi Visaitov she recounted that soon after 3 a.m. on 22 December 2001 a group of seven to eight armed persons had entered their house, while about a dozen more remained in the courtyard. They were armed with automatic weapons and instructed the inhabitants to remain calm because it was a passport check. They checked the documents and looked around the house before leaving, taking
Umar Musayev
33. In a letter of 1 November 2000 the military prosecutor of military unit no. 20102 (военная прокуратура – войсковая часть 20102) informed the first applicant that a suspect in the blowing-up of the APC had been found in their house, and that her sons had been detained for an identity check in this connection. The letter confirmed that after being apprehended Ali and
Moravia Ramsahai
179. Officer Bultstra considered it unlikely that Mr Chitanie could have parked his car and walked back to the place from which he claimed to have witnessed the events in such a short time. Officer Bultstra himself had needed up to ten seconds to run the fifty metres from where the police car had been parked to
Van der Ven
17. The applicant appealed, claiming that the District Court had failed to take the necessary measures to identify and question his cellmates; it had groundlessly disregarded the statements of D. and O., who had been detained in the ITT during the same period, whose direct experience was relevant to the facts of the case. In particular, witness D. was held in the same cells, though on different days during the period under examination, and her submissions concerning the physical conditions of detention were identical to those of the applicant. The court had not inspected the premises of the ITT. The applicant further emphasised that the practice of strip-searches was contrary to Article 3 of the Convention. He referred to the Court’s judgments in the cases of Iwańczuk v. Poland, (no. 25196/94, 15 November 2001) and
Suliman Isayev
20. Immediately after the abduction the applicants complained to the head of the Federal Migration Service’s Office in Kulary, Mr I., about the abduction of their relatives. Mr I. informed them that Mr
Mostaba Naderani Vatanpur
12. The applicants were permitted to live in Van pending the asylum proceedings and were allowed to leave the city boundaries subject to specific permission. In this connection one of the applicants (
Khavashi K.
23. In support of their statements the applicants submitted: an account by the first applicant (undated); an account by Mr Israil M. dated 12 November 2003; an account by Mr Islam A. dated 14 November 2003; an account by Mr
The Justice of the Peace
14. On 26 November 2007 the same Justice of the Peace considered the administrative charges against the second applicant. He applied for six witnesses to be called and examined, including five police officers and one defence witness.
Shamid [sic] Baysayev
47. On 23 April 2001 the Grozny Town Prosecutor's Office provided the applicant with a progress report in criminal investigation no. 12048. The note stated that on 10 May 2000 the Office had opened a criminal investigation under Article 126, part 1 of the Criminal Code. The investigation was based on the detention of
Musa Temergeriyev
132. On 14 December 2004 the district prosecutor’s office took over the investigation in case no. 40007. He ordered the investigation to take the following steps: to draw up an investigation plan; to question eyewitnesses and
Shchiborshch
78. Still on 22 June 2007 the first applicant was confronted with police officer G. (see paragraph 26 above), who stated that on 7 July 2006, following the police officers’ arrival at the scene of the events, the first applicant had explained to them that as soon as Mr
Leoma Meshayev
19. The Government in their observations did not dispute the facts as presented by the applicants. They stated that it had been established that on 17 December 2002 unidentified armed men wearing masks had entered the applicants’ house at 12 Rechnaya Street and taken away
Michał Plisecki
12. Subsequently, and in connection with the above interview, disciplinary proceedings were initiated against Mr Michał Plisecki by the local Bar Council. On 24 June 1995 the High Disciplinary Court (Wyższy Sąd Dyscyplinarny) found that Mr
Isa Nenkayev
28. The Prosecutor General’s Office established that at about 1 a.m. on 8 June 2002 unidentified persons wearing camouflage uniforms and masks and armed with machine guns had entered the house at 84 Pervomayskaya Street, Urus-Martan, and kidnapped Muslim Nenkayev and
Khaled [El-Masri
49. On 6 July 2006 the European Parliament adopted a Resolution on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners (2006/2027(INI), doc. P6_TA(2006)0316), which stated, inter alia: “19. [The European Parliament] condemns the abduction by the CIA of the German national,
Beslan Baysultanov
48. On 28 May 2006 the investigators instructed the Ministry of the Interior of the Chechen Republic’s Department for the Fight Against Organised Crime (hereinafter “the UBOP”) and a number of local police offices in Chechnya to take steps to identify possible witnesses to the abduction of
Mehmet Şah Şeker
45. On 15 February 2002 the International Law and Foreign Relations Directorate of the Ministry of Justice sent a letter to the public prosecutor’s office in Bismil, requesting the latter to conduct an effective investigation into the disappearance of
Vladimir Milanković
30. On 13 January 2012 the Supreme Court dismissed the first applicant’s appeal, upholding the decision of the Osijek County Court. The relevant part of the decision reads: “The impugned conduct of both accused, which includes ill-treatment and other extreme forms of inhumane treatment of civilians, and in the case of the accused
Arsanuka M.
20. In February 2003 Mr Mayrbek Kh. arrived at the mosque of the Raduzhnoye village. He told a number of local residents gathered there that Aslan and Mokhmad Mudayev had been detained in the FSB building. One of the local residents, Mr
Sirazhudin Aliyev
5. The applicants, Mr Nizamudin Aliyev (“the first applicant”) and Ms Madina Gadzhiyeva (“the second applicant”), live in Makhachkala, Dagestan. They were born in 1960 and 1987 respectively. The first applicant is the father of Mr
Tofiq Yaqublu
139. The judgment continued as follows: “[The applicant and Tofiq Yaqublu] claimed that the evidence gathered by the prosecution against them had been false. As an example, they referred to the testimony of [R.N.] who had participated, as an attesting witness, in the inspection of the scene of the events [of the previous night] from 10 a.m. to 4.10 p.m. on 24 January 2013, and had later testified that at around 5 p.m. on the same day he had seen [the applicant and
My Makarchykov
11. From the date of its creation in April 1989 to December 1999 the Parishioners' Assembly membership varied from about 20 to 27 members. In the course of this period the Parishioners' Assembly was actively involved in making important decisions as to the management and administration of the religious association (appointment of Chairman, treasurer, supervisory board, approval of appointment of a priest, approval of the statutes of affiliates, missions and brotherhoods of the church, important financial and logistical matters and issues related to construction of a new church, etc.). Throughout this period
Francesc-Xavier Pla Pujol
14. In 1995 Francesc-Xavier Pla Pujol made a will in which he left 300,506 euros (EUR) to his son, Antoni (the first applicant), and EUR 180,303 to his daughter. He named his wife, Roser (the second applicant), sole heir to the remainder of his estate. In a codicil of 3 July 1995,
Apti Zaynalov
62. On 26 April 2010 the Investigative Committee dismissed this complaint. The decision stated, in particular: “...In the course of the investigation it has been established that on 28 June 2009 Mr Apti Zaynalov was abducted by unidentified persons in an unestablished place and then taken with shotgun wounds to Achkhoy-Martan ... Hospital where he underwent treatment for ten days and was then taken away by unidentified armed persons wearing camouflage uniform. So far his whereabouts have not been established. In breach of [an applicable] instruction, the medical staff of [Achkhoy-Martan Hospital] did not inform the Achkhoy-Martan ROVD about the admittance of Mr
Dušan Slobodník.’
22. On 23 March 1994 the Supreme Court reversed the first-instance judgment, ruling as follows: “... [the applicant] has to accept that ... Dušan Slobodník will distribute, if he thinks fit, to the Press Agency of the Slovak Republic as well as to five newspapers of his choice, both in Slovakia and abroad, the following declaration to be published at [the applicant’s] expense: ‘(1) [The applicant’s] statement addressed to [the Public Information Service] and published in daily newspapers on 30 July 1992 which reads: “...This year Mr Slobodník became the Slovak Republic’s Minister for Culture and Education and the next thing was that his fascist past came out in public ... Does Mr Slobodník think that Slovakia is some special exception and that it is the only country having the right to revise the philosophy of the Nuremberg trials, which is binding on the post-war development of all other European countries? ...” (2) The occasional poem ... entitled “Good night, my beloved” in its part “... In Bratislava the prosecutor rules again. And rule by one party is above the law. A member of the SS and a member of the ŠTB embraced each other ...” ... represent a gross slander and disparagement of the civil honour and life, and an unjustified interference with the personality of the plaintiff
“Jan Novotný”
36. As regards the inconsistency in the witnesses’ statements, the Regional Court stated that witness “Jana Charvátová” had recognised the applicant from the photographs as the person from whom she had bought heroin, but had not known his name. She had described a drug dealer whom she had known by the name “Hasan” and who had not corresponded to the description of the applicant. The court held that the testimony given by witness
Zehra Delikurt
11. On 21 December 1999 the public prosecutor at the Ankara State Security Court filed a bill of indictment against ten persons, including the applicants. The public prosecutor charged Ms Zehra Delikurt with membership of an illegal organisation and the other applicants with aiding and abetting members of an illegal organisation, under Articles 168 and 169 of the former Criminal Code respectively. The public prosecutor alleged that Ms
Suleyman Musayev
26. On 10 February 2000 there came a group of men in uniform, who said they had come from the Chechnya Prosecutor's Office. They inspected the bodies still lying at house no. 112, filled in some papers and collected evidence. The first applicant gave them two automatic-rifle bullets extracted from the bodies of
Movsar Khamzatov
44. On 20 November 2006 the first applicant complained to the Prosecutor General and the Chief Military Prosecutor that after the referral of the investigation to the military prosecutor’s office he had been literally “cut off” from information on the progress and the results of the investigation into the killing of
Fahima Salim Muran
30. The applicant was the mother of Sarbest Abdulkadir Izat and the wife of Abdulkadir Izat Khan (Hassan), who was allegedly killed under torture by members of the Turkish army between the 2 and 3 April 1995. She claimed the following: “From our village we could see the army down in the valley on the day before the incident in which my husband was killed. On the morning of 2 April 1995 I went with my husband and son to herd sheep. We met with the other women and men and set off in the direction of Spna. We went with the men because the men thought that if we were with them there would not be any trouble. We walked ahead of the men. There were seven men and four women in the group. The Turkish soldiers stopped us. They hit us and beat us with their rifle butts and humiliated us. I was frightened for my life. The soldiers told us to go back and they took our shepherds away with them. We ran back to the village and told the men in the village what had happened. We went back to the valley and spent the rest of the day looking for our shepherds. Some men went to the Turkish soldiers to ask them to let our shepherds go. Then some men went to Anshki and asked a high-ranking Turkish army officer to release our shepherds and to let us bring the sheep back. The men went many times that day to get information about our shepherds. Party (KDP) representatives also went to the Turkish army officers many times, but nothing happened. The next day the bodies of my husband and son were found with terrible things done to them. They were found in the cave. The bodies of three other shepherds were found with them. The other two shepherds' bodies were found a few days later. It was a terrible thing that was done to our shepherds. My husband and son did not do anything wrong. I do not know why they did this to him and the others. Please help us. We have nothing left.” (e)
Musa Ilyasov
12. Meanwhile, several armed men entered the house where the third applicant and Musa Ilyasov were sleeping. The armed men were speaking Russian. They checked Musa Ilyasov's identity papers and seized them. One of them said to another: “This is not the man. This is
Vedran Bernobić
36. On 5 June 2009 the Supreme Court dismissed the appeal. The relevant part of the decision reads: “According to the indictment, there is a reasonable suspicion that ... the third defendant, Vedran Bernobić, committed the criminal offence contained in Article 173 paragraph 2 of the Criminal Code, by which the general statutory requirement for ordering detention under Article 102 paragraph 1 of the Code of Criminal Procedure has been satisfied. ... The factual background of point 3 of the indictment alleges that in the period between July and September 2008 the defendant,
Yılmaz Güney
9. The prosecution relied on the following passages of the book: “...Sürü (Herd)[1] depicts Kürdistan. In Yol (Road)[2] there was even a street sign showing that the film is about Kürdistan. This scene in particular was sufficient to make the Turkish fascists go mad...” “...in the meantime the revolutionary movement evolved in the country and national conscience awakened in Northern Kürdistan...” “...
Ante Dragojević
30. The Dubrovnik County Court complied with that order and on 6 April 2009 a three-judge panel of that court, presided over by Judge Z.Č., extended the applicant’s pre-trial detention under Article 102 § 1 (3) and (4) of the Code of Criminal Procedure (risk of reoffending and gravity of charges). The relevant part of the decision reads: “The fact that the defendant
Shamani Inderbiyeva
8. In December 1999 the applicant’s mother and her sisters Shema and Shamani Inderbiyeva moved from their flat to the basement under the pavilion situated in the courtyard of their block of flats. On 1 January 2000, owing to the intensity of a fire, Shema and
Bekkhan Alaudinov
28. On 20 May 2002 the applicant complained to the head of the ROVD. She described the circumstances of her son’s abduction, complained that her requests to the State authorities had not produced any results and asked for assistance in the search for
Emel Gökmen
20. On 23 July 1995 the applicant went on his own to be examined by another doctor. The subsequent medical report dated 15 August 1995 read as follows (translation): “Report: Talat Tepe, born 1961 in Mutki Bitlis, was taken into custody in Istanbul on 9 July 1995 and was held in custody for a total of twelve days; ten days in Istanbul and two days in Bitlis. During his detention in Istanbul, he was subjected to duress, such as not having access to means of communication and not being allowed to receive visitors despite his requests. In Bitlis, he was subjected to physical and psychological torture for almost 40 hours. He was interrogated while he was completely naked. He was held in a cold and dirty cell which had a stone floor. His access to the toilet and sanitary materials were restricted. He was subjected to offensive language and behaviour. He was threatened with death. He endured psychological pressure which led to desperation and destroyed his self-confidence (he was repeatedly told that he would be put on trial and subsequently be sentenced to death; he would be killed even if he was released, etc.). He was beaten up four to five times during this interrogation. As a result of moving cables around his body, he was subjected to electric shocks six times in succession, mainly on his legs and feet. He was hosed down with cold water. His testicles were squeezed. He was basically subjected to a kind of torture which endangers the victim's life and causes extreme pain, but does not always leave marks on the body. While in Istanbul he had to pay for his food. During the 40 hours of detention in Bitlis, he was unable to eat the food given to him since he was exhausted as a result of the torture. He was not supplied with water and he was told that drinking water after being subjected to torture would be dangerous for his health. Before being released he was taken to the Bitlis State Hospital, where a medical report was issued, revealing that he was in good health. This report was prepared in the absence of a proper physical examination. On 23 July 1995 the torture victim had pain in his shoulders and back. He was suffering from weariness and violent headaches. He was going through the interrogation all over again in his dreams. During his sleep he needed to go to the toilet frequently, and he was often going through the whole interrogation procedure in his dreams. The weariness and the dizziness of the victim were easily observed during the first examination. The results of blood and urine tests were normal. As a result of the neurological consultation, his neck movements were observed to be painful, and hypoesthesia and hypoalgesia were found in his left C5 dermatome. In the cervical BT examination no medullar and spinal chord compression was discovered. It was considered that the applicant's complaints were due to the trauma applied to the cervical region. He is provided with an anti-inflammatory treatment and he is under surveillance. As a result of the psychiatric consultation, traumatic experience related insomnia was discovered. It was stated that he did not need psychotherapy. Considering his state of health, it would be appropriate for him to rest for 7 (seven) days. 15 August 1995 Dr
Abdul-Yazit
63. On 18 November 2009 the investigators again questioned the applicant, who added to her previous statement that after the abduction, on 5 and 6 August 2009, when she and her family had been waiting at the gates to the ROVD, she had seen a group of police officers leaving the premises. She asked one of them, who introduced himself by his surname, ‘Grachyov’, about her son. He told her that
Isa Zaurbekov
47. In the Government’s submission, on 14 April 2005 criminal proceedings were brought under Article 162 (3) of the Russian Criminal Code (aggravated robbery) in connection with the fact that on 11 February 2003 the men who had abducted
Imran Dzhambekov
158. The applicants were thus informed that three criminal investigation files had been opened by the district prosecutor’s office in respect of the kidnappings of their relatives: file no. 61068 opened on 25 March 2002 in respect of
Yevgeniy Geppa's
52. On 13 March 2006 the Kirovskiy District Court declared the decision dispensing with criminal proceedings unlawful. It found that the inquiry had failed to address the reasons for the diagnosis having been established so late despite
Vakha Abdurzakov’s
17. Two or three days before 25 October 2002 Ms Yu., an inhabitant of Urus-Martan, had visited the applicants and told them that Russian law enforcement agencies had been told that their son was participating in illegal armed groups and had been planning to detain him. Ms Yu. had said that she would prevent
Anrid Faridovich
11. On 5 December 2008 the Leninskiy District Court of Makhachkala issued a writ of execution, which quoted the ruling of the judgment of 12 August 2008 as follows: “[The court decided that] the place of residence of child Khanamirov
Cihan Matyar
65. This reported that, following a joint operation between 8 and 12 August 1993 by the Ergani Commando Battalion, the Silvan commando unit and the signatories’ gendarme station, the perpetrators of the murders of Seve Nibak and
Gabrichidze
186. In view of the rumours concerning Mr Aziev's death, Mr Gabrichidze had telephoned his Russian colleagues; Mr Fridinskiy had assured him that the prisoner in question was alive and in good health. He had subsequently called Mr Fridinskiy on a regular basis; the latter had kept him abreast of progress in the proceedings and had gone so far as to provide very detailed information. This had led Mr
Akhmed Gazuyev’s
128. On 18 November 2009 the investigation was resumed and the applicant was granted victim status in the criminal case. The investigator sent requests to various law-enforcement agencies asking them to provide information about
Mokhmad Mudayev
61. On an unspecified date the investigators questioned a police officer, N.M., who stated that in the spring of 2003 he had worked as the district police officer in the settlement of Podebinskoye in the Grozny district. About two months prior to that, in the winter of 2003, Aslan and
V. Kashcheyev
8. The domestic courts granted the applicants’ claims (see dates of the judgments and sums awarded in the appended table). The judgments were not appealed against in cassation and became binding and enforceable on the dates indicated in the appended table. However, only one of these judgments was enforced (the judgment of 13 May 2003 in favour of
Dora Dickmann
12. The complaints set out in the present applications reflect the circumstances described above (see paragraph 11). In particular, the applicants have alleged that their title to the property (building and appurtenant land) had been acknowledged by the domestic courts; however, owing to the sale of the property by the State, the applicants were prevented from enjoying their respective right. They claimed that this deprivation, together with the total lack of compensation for it, had imposed on them an excessive and disproportionate burden. 1. Facts concerning application no. 10346/03, lodged by Ms
Lieutenant R.
14. In his testimony given at the applicant’s trial lieutenant R. relayed that around 12 noon he had come to the detention room and had found the applicant squatting on the floor. The applicant had told him that she “[had been] killed, [that] her waist [had been] broken ... that she [had been] beaten”. He had not seen any blood or visible traces of injury on the applicant but she had told him that her nose and mouth had been injured. The lieutenant had helped her sit on a chair. He had presented her a procès‑verbal establishing the fact that the previous evening the applicant had beaten Mrs T. and had asked her to sign it. The applicant had written “I am not guilty” and had signed.
Mustafa Öztan
58. The Commission noted that no investigation was lodged into allegations of wrongdoing on the part of the security forces until the present application was referred to the respondent Government, despite the fact that a number of Government witnesses told the Delegates that, not long after the incident, they had become aware of the existence of allegations that houses had been burned deliberately by security forces. Police chief constable
Yaroslav Belousov
6. The background facts relating to the planning, conduct and dispersal of the demonstration at Bolotnaya Square are set out in more detail in Frumkin v. Russia (no. 74568/12, §§ 7-65, 5 January 2016), and
Makarchykov
51. On 21 April 2000 the Kyiv City Court, composed of three judges, rejected the applicant association's claims, finding that the decision of 21 January 2000 was lawful (see paragraph 42 above). In particular it found that the Parishioners' Assembly composed of 27 members did not represent the entire religious community, that the documents submitted for registration had not been signed by the authorised persons (the prior and the chairman of the Parishioners' Assembly) and that the members of the Parishioners' Assembly of 24 December 1999 no longer belonged to the Moscow Patriarchate, as this minority group had chosen a different denomination. The court concluded that the applicant association was not able to prove that the decision of the Kyiv City State Administration was unlawful. The Kyiv City Court held in particular: “...the refusal of the Kyiv City State Administration to register the amendments to the statute was based on the fact that they had been adopted contrary to the statute and would infringe believers' rights. The judicial division holds that the decision [of the Kyiv City State Administration] corresponds to the actual circumstances of the case, and reflects the rights of both religious communities, and the statute of the Parish ... and the Law 'on consciousness and religious organisations'. ... In accordance with Articles 6.1.and 6.2 of the statute ... decisions with regard to changes and amendments to the statute must be proposed by the Parishioners' Council and adopted by the Parishioners' Assembly ... ... As can be seen from the minutes of the meeting of the Parishioners' Assembly of 24 December 1999 the religious community of the Svyato-Mykhaylivska Parish adopted changes and amendments to the statute of the religious community belonging to the Ukrainian Orthodox Church [Moscow Patriarchate], but was already affiliated to the Ukrainian Orthodox Church of Kyiv Patriarchate. ... such a method of making changes and amendments to the statute contravenes the Law and Articles 6.1 and 6.2 of the statute and undoubtedly infringes the rights of the religious community belonging to the Ukrainian Orthodox Church [Moscow Patriarchate] which adopted this statute. Changes to the statute could only be adopted by the Parishioners' Assembly of this community. It can be seen that the complaint was lodged by Mr
Milivoje Žugić
131. The relevant parts of that decision read: “The Osijek Municipal Court ... decided: 18. Ivo Kovačić (I-Ovr-186/02 and I-Ovr-128/02), represented by the attorney Milivoje Žugić from Zagreb, the amount of HRK 15,742.62 [EUR 2,156.50] payable into the attorney
R.H. Lauwaars
61. The bench of the Administrative Jurisdiction Division dealing with the appeals was composed of three ordinary councillors (Staatsraden) of the Council of State, namely Mr J. de Vries (President), Mr R. Cleton and Mr
Ramzan Babushev
50. On 24 February 2005 the Chechnya Ministry of the Interior (the MVD) informed the first applicant that they had instructed the Vedeno ROVD to activate their operational-search measures to solve the abduction of
Zarema Gaysanova
12. In observations of 16 September 2010, the Government also submitted that the operation carried out on 31 October 2009 by the law‑enforcement authorities was also called “operational-search activities” (оперативно-розыскные мероприятия). In conducting them, they had blocked Mr A.Kh., a member of illegal armed groups, into 7 Second Darvina Lane and had “eliminated” him. Ms
Hacı Havina
107. On 24 May 1994 the applicant was told that the soldiers, who had been around the hamlet and acting on orders of their commander, had taken the Orhans to Ziyaret Tepe. He saw the soldiers taking the Orhans away as did other villagers. On the same day he learned that the soldiers had moved on to Gümüşsuyu hamlet of Emalı village. After dark, he went to Gümüşsuyu and asked
Carlo Giuliani
112. As to the function of the two jeeps, Mr Lauro explained that they had brought fresh supplies at around 4 p.m. and had left and then returned about an hour later to see if anyone was injured. Mr Lauro also said that he had called an ambulance for
Mokhmad Mudayev
47. The Government submitted that the investigation of the abduction of the applicants' relatives had commenced on 29 September 2003 upon receipt on 22 September 2003 of a complaint by the applicants' relative Mr I.M. about the abduction of Aslan and
Timur Beksultanov
14. According to written statements by Zh.E., M.G., Z.M. and R.B., dated 20 December 2004 and furnished by the applicant, those persons submitted that on 2 October 2004 they had seen Timur Beksultanov get inside a vehicle together with a man who introduced himself as I.M., an OMON officer. I.M. had picked up
Murad Khachukayev’s
70. According to the information from the Prosecutor General’s office, the investigative authorities undertook, inter alia, the following measures: on 12 February 2003 they had examined the place where the remains were discovered and, as a result, had collected portions of the clothing and two metal objects for analysis. On 4 March 2003 ballistics analysis had established that one of these metal objects was a shell splinter and that the other was not part of an explosive device. According to the forensic expert evaluation of
Abu Khasuyev’s
32. At some point in October 2001 an investigator from the ROVD visited the applicant’s home and informed her that a search for her son had commenced on 10 October 2001. Then the investigator questioned the applicant, her daughter-in-law and one of the neighbours. According to the applicant, the questions related mostly to
Abdullah Öcalan
24. During late 2012 and January 2013, a peace process known as the “solution process” had been initiated with a view to finding a lasting, peaceful solution to the “Kurdish question”. A series of reforms aimed at improving human rights protection were implemented. A delegation of members of parliament, including the applicant, went to İmralı island, where
I. Khadzhimuradov
19. From the Government’s submission concerning the official investigation into the events, it transpires that during a passport check on 27 May 2002, federal servicemen killed Mr A. Saltamirzayev. In addition, on 4 June 2002 a resident of Mesker-Yurt, Mr
the Justice of the Peace
50. In its appeal decision the court addressed the lawfulness of the applicant’s detention pending the first-instance trial and considered that there had been no breach: “... after the report on the administrative offence had been drawn up, the information necessary for establishing the circumstances of the committed offence was collected, including the explanations of [X and Y], the notice of the place of the public demonstration of 31 December 2010, the [mayor’s] reply to that notice, as well as the personal characteristics of the person in relation to whom the administrative offence report had been drawn up. A ruling was made by
Vladimir Putin
15. In the course of 2010 the first applicant pursued an anti‑corruption campaign and published a number of articles and documents exposing high ranking officials’ involvement in large-scale fraud. In particular, on 16 November 2010 he published an article claiming that at least four billion US dollars of State funds had been misappropriated during the construction of the East Siberia-Pacific Ocean oil pipeline. In the article, he referred to a 2007 audit report and suggested that the President,
Ante Dragojević
17. On the same day the investigating judge issued a secret surveillance order with the following statement of reasons: “By orders under the above number secret surveillance was ordered in respect of
the Romanian Government Agent
46. On 5 September 2011, after his release from Jilava Prison on 23 August 2011, the applicant asked the DGSACP for permission to visit his son on a regular basis. The authorities granted his request. According to the most recent information provided by the Government on 24 January 2013, the applicant had been able to visit his son regularly, usually once every fortnight, at the DGSACP’s premises. Visits had taken place on 9 September, 23 September, 7 October, 21 October and 2 November 2011, when, according to the minutes drafted by the authorities, the applicant had showed a lot of love and affection to his son, who also enjoyed getting to see his father. The DGSACP informed
Said-Khuseyn
9. The facts surrounding the disappearance of the applicant's son and husband were partially disputed. In view of this the Court requested the Government to produce copies of the entire investigation files opened in relation to the abduction of
Hadžihasanović
8. It would appear from the case file that the salient fact in the domestic proceedings was the applicant’s association with the mujahedin in Bosnia and Herzegovina (“BH”)[1]. The term mujahedin has been widely used to refer to foreigners – mainly from the Arab world – who came to BH during the war in support of Bosnian Muslims[2]. However, the same term has been used to describe local Muslims who joined the foreign mujahedin, endorsed their ideology and adjusted to their way of dressing. The phenomenon has been explained by the International Criminal Tribunal for the former Yugoslavia (“ICTY”) in
Ibragim Tsurov
16. On 28 August 2003 the prosecutor’s office of the Oktyabrskiy District of Grozny (“the district prosecutor’s office”) sent the first applicant a progress report on the investigation in case no. 40086. According to the report, the investigative authorities had sent requests concerning the fate of
Elmas Güzelyurtlu
130. This note stated that the “TRNC” Attorney-General did not intend to hand over to the police of the Republic of Cyprus the three suspects that were detained in the “TRNC” for the murders, relying on the 1960 Constitution. The “TRNC” Attorney-General had notified UNFICYP of this. An attached memo by UNFICYP stated as follows: “I have seen the [Attorney-General]. Mr A.S. with regard to the inquiries [made in respect of] and the prosecution of the culprits in respect of the
Inez Nowicka
41. On 31 March 1995 the applicant's daughter, Astrid Nowicka, filed with the Łódź District Court an application for leave to visit the applicant. She asked for two separate authorisations, for herself and her sister
Salman Bantayev
19. The servicemen tied up Madina Bantayeva and the eighth applicant and put them in one of the rooms. Then they searched the house, ripping upholstery, turning furniture upside down and demanding gold and money from