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Victor Stepaniuc | 6. On 21 November 2002 Ţara published another article entitled “Bolshevik habits. The Stepaniuc clan spreads its tentacles”. It stated, inter alia, the following:
“The article of 31 October 2002 ... has not provoked any reaction from any State authority. I wonder why the Communist authorities do not react to serious allegations made by the media ...
In that article I wrote about irregularities in the field of public transport caused by companies G. and T. headed by the son-in-law and nephew of |
E. Korthals Altes | 73. A hearing on this challenge was held on 9 December 1997 before a special Chamber of three members of the Administrative Jurisdiction Division who were not involved in hearing the appeal, that is Mr |
Lopez Elorza’s | 34. As regards the estimated sentence that the applicant could face, the US report stated firstly that, “In imposing a sentence in a federal criminal case, the judge must consult the U.S. Federal Sentencing Guidelines”. It added that the Guidelines were advisory since the judge had “the discretion to impose a sentence outside the applicable Guidelines range so long as the court states ‘with specificity,’ both at sentencing and in the written judgment and commitment order, its reason for doing so”. It additionally stated that, “[b]oth the defendant and the government have the statutory right to appeal any sentence imposed on the grounds that it is substantively or procedurally unreasonable under the circumstances of the case”. Moreover, the decision whether to sentence a person convicted of multiple counts concurrently or consecutively was at the discretion of the court. Section 3584 of Title 18 of the US Code, states, in part, that “[m]ultiple terms of imprisonment imposed at the same time run concurrently unless the court orders or the statute mandates that the terms are to run consecutively”. The report further stressed the following:
“Prior to sentencing, a probation officer will prepare a presentence report that contains information about the defendant’s offense, his criminal history, other background information, and a calculation of the advisory sentencing range under the Sentencing Guidelines. The defendant has the right to object to the information and conclusion in the present report. Later, during the sentencing phase of the proceedings, defense counsel will be able to present to the judge various mitigating factors to consider that may result in the reduction of his sentence. Specifically, under Title 18, United States Code, Section 3553(a), in determining the particular sentence imposed on a defendant, the court shall consider: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed to promote respect for the law, punishment for the offense, deter the defendant or others from committing similar criminal conduct, and the need to protect the public; (3) the kinds of sentences available; (4) the applicable guideline range; (5) the need to provide the defendant with educational or vocational training, medical care, or other correctional treatment; (6) the need to avoid unwarranted sentence disparities; and (7) the need to provide restitution to the victims of the offense(s). In assisting the court in considering the above seven factors, defense counsel will be able to present to the court in detail any mitigating factors relating to these criteria. This would enable the defense to provide to the sentencing court information regarding |
Fatma Deniz Polattaş | 50. On 23 September 2004 the Forensic Medicine Institute submitted three reports drawn up by its 2nd, 6th and 4th Sections of Expertise[2] on 15 October 2003, 20 and 25 August 2004 respectively, concerning |
Y.B. Slyusar | 32. On 16 January 2006, at a briefing in the GPO, it was held that the criminal case had not been properly investigated and the applicant’s allegations regarding the involvement of S., G. and M. (G.’s friend, whom the applicant had first identified as “I.”) in the crime had not been investigated. On the same date the GPO sent the following letter to the Kyiv Prosecutor’s Office:
“After examining the material in the case file it was established that the investigation was marked by shortcomings. The allegations made by |
Khava Magomadova | 58. On 12 April 2005 the prosecutor’s office of military unit no. 20102 informed the first applicant that law enforcement agencies had not carried out any special operations in the Shelkovskiy District on 16 December 2002 and had not arrested |
the Director of the Airport | 8. By decision of 27 November 1998 addressed to Air Inn, the CAA found the applicant unreliable from a security point of view. Air Inn was accordingly ordered to prevent the applicant from participating in activities requiring personnel to pass a security check, and to turn in his airport access document to |
Abdulvahap Maço | 22. The applicant and his family lived in a hamlet of the Yolçatı village. On the night of 12 May 1994 they heard gun fire. It continued until 5 a.m. When the firing stopped, the applicant and his family tried to go to Lice. While they were passing near the Yolçatı village, they were stopped by soldiers and the applicant’s son, |
Shamil Amirkhadzhiyev | 10. On 28 May 2000 the applicant’s son, Mr Shamil Amirkhadzhiyev, who was thirteen years old at the time, left Nazran and went to Grozny by bus. He was taken off the bus by service personnel at a checkpoint near the canning factory in Grozny because he did not have identity documents. Then he was forced into an APC and taken away. While being taken to the APC, Mr |
Sultan Saynaroyev | 42. On 23 April 2003 the Deputy Minister of the Interior of Ingushetia informed the applicants that operational search activities had indicated that FSB servicemen had been involved in the abduction of Mr |
Ernst August | 17. The sequence of photos published in Neue Post magazine (issue no. 35/97) shows the applicant at the Monte Carlo Beach Club, dressed in a swimsuit and wrapped up in a bathing towel, tripping over an obstacle and falling down. The photos, which are quite blurred, are accompanied by an article entitled “Prince |
Olena Oleksandrivna | 10. The applicant appeared before the court and, at the opening of the hearing, challenged the presiding judge, M., in the following terms:
“Applicant: Your Honour, I would like to challenge the composition of the court.
Judge: Please proceed.
Applicant: Your Honour, the grounds on which I challenge you are that, [when] sitting on the [bench of] the Nova Kakhovka Court, you have not given a single lawful decision in any case where I was a representative or a party. You have not even once protected my rights or the rights of the individuals I have been representing and helping ... Previously I used not to challenge you but lately I have started to do so. You do not allow my challenges, arguing that my arguments against you are supposedly made up and subjective. However, recently I have read an article [entitled] “Father for son, brother for brother” in the Delovye Novosti newspaper, which clearly and specifically states that you, on the basis of corporate solidarity among judges, have given a similarly unlawful judgment, as a result of which a person was falsely convicted and sentenced to eight years’ imprisonment. The newspaper article says that this issue has attracted the attention of the presidential administration and the General Prosecutor’s Office. I know that the case in question was examined by the Council of Judges and by a parliamentary commission, before which you appeared, before your appointment. This was the source of the problems you had in securing your appointment to the position of judge for life .... This article tells me unequivocally that you will only decide [this] case according to the instructions which you ... receive, and the law – including my rights as a consumer – will mean absolutely nothing to you. All the more so because I know from a court clerk that an instruction [has been given to] the Nova Kakhovka Court to decide cases [in which I am involved] against me.
In support of what I have said I can refer to the case where you considered my claim against [a prosecutor] and where you delivered a totally illegal judgment, even though there have been decisions of the Nova Kakhovka Court and of the Court of Appeal concerning the same situation, in which the actions of the prosecutor had been declared unlawful in that the prosecutor should have delivered not only letters in response to my complaints but formal decisions so that I could challenge those decisions. You, by your decision, deprived me of that right.
For me this is another signal: if the fate of that young man did not mean anything to you, then mine would mean even less. So it is not just that I have serious doubts about your impartiality; I know of no case where you have given a lawful decision. When you came to the Nova Kakhovka Court, I told you that I had much hope in you – that you were a competent and good judge. I was mistaken. Especially since the time when I and [another person], waiting in the corridor, overheard you [discussing about me and laughing].
Judge [voice rising]: |
Kushtanashvili | 135. Mr Kushtanashvili explained that, since he had no money, he had given the Georgian authorities and doctors a false Chechen name in order to pass for a fugitive and thus receive free medical care. He did not believe that his Georgian nationality represented an obstacle to extradition and considered that he was still in danger on account of his Chechen origins. In a letter sent to the Court on 13 November 2002, he alleged that, during the night of 3 to 4 October 2002, the applicants had asked to see their lawyers before leaving the cell as requested. The prison governor had replied that “neither lawyer nor investigator” would turn up and that “[they should] leave the cell voluntarily before [he used] force”. In the same letter Mr |
Teodosiy Simeonov | 8. In the beginning of July 2000 the applicant, together with some friends and political supporters, founded an initiative committee to campaign for Mr Simeonov’s resignation. On 7 July 2000 he notified the mayor of Pleven that on 10, 11 and 12 July 2000 in the centre of Pleven UDF supporters would gather signatures calling for the resignation of “the top idiot of the Bulgarian Government – |
Khava Magomadova | 12. Mr D., a railway station employee, was behind Khava Magomadova on his way to work and saw her and the Gazel turning into Zavodskaya Street. A few moments later, when he reached Zavodskaya Street, he saw the Gazel swaying slightly and no trace of |
Halise Acar | 118. On the same day the Bismil public prosecutor informed the Ministry of Justice that an investigation into the disappearance of Mehmet Salih Acar had been opened, in which statements had been taken from the complainants Halise and Hüsna Acar and from the witnesses İhsan Acar and İlhan Ezer, and that steps had been taken to obtain a statement from Captain İzzettin, NCO Ahmet and Harun Aça, and an additional statement from |
Health Inspector G.Ç. | 44. On 25 August 2006 the Rector’s Office authorised the opening of a criminal investigation in respect of T.Ö. The relevant passages of that decision read as follows:
“Health Inspector S.M. considered in his report of 26 April 2005 that doctor T.Ö. had been negligent and that she should be held liable.
In his report of 26 June 2006, |
Tofiq Yaqublu | 40. In his statement at the trial hearings, the applicant submitted that his arrest had been politically motivated. As to the events in question, he stated that, after hearing about the events of 23 January 2013 in the news, the next day he and N.C. (see paragraph 58 below) had gone to Ismayilli by car. At around 3.30 p.m. on 24 January 2013 they had entered the Ismayilli Region and had arrived in the Ismayilli town centre at around 4 p.m. On the way to the town centre, they stopped from time to time and spoke to local residents, without getting out of the car, to receive information about the events that had taken place up to that time. In the town centre, they parked at the central square, where there was a group of journalists. He spoke to the journalists who told him that, despite the situation being calm at that moment, there was an atmosphere of tension in the town. While standing next to the journalists, he then posted some observations on his Facebook page. Just then he saw |
Wallishauser | 12. The applicant brought proceedings relating to salary payments from September 1996 onwards but they were also unsuccessful, as the US Department of State had refused to serve the relevant summons on the Department of Justice, which was competent to represent the United States in civil litigation. The Austrian courts held that the refusal to serve summons fell within the category of acta iure imperii. They concluded that the defendant had not been duly summoned and that they could not proceed with the applicant’s case. The Supreme Court confirmed that position in judgments delivered on 5 September 2001 and 7 May 2003. Those proceedings were the subject of application no. 156/04, |
Artur Akhmatkhanov | 26. On 14 January 2004 the military prosecutor's office of the United Group Alignment (the UGA) forwarded the applicants' complaint about the abduction to the military prosecutor's office of military unit no. 20116. In response, on 20 February 2004 the latter informed the applicants that military unit no. 20116 had not participated in a special operation on 2 April 2003 and had not detained |
Vakhid Musikhanov | 28. On 25 April 2003 the republican prosecutor's office, in reply to a query from the second applicant, repeated that the investigation into his son's abduction had been suspended on 15 January 2003 for failure to identify the alleged perpetrators and that the search for |
Ferhat Tepe | 74. In this letter, the Chief Public Prosecutor was informed that statements had been taken from Murat Koparan, Taner Şarlak and Erkan Dağdelen, that these persons did not know Ferhat Tepe and that they had denied the contents of the document entitled “To the Public”. It was further noted that on 15 November 1996 a permanent search warrant had been issued to find the perpetrators of the killing of |
for Transport | 60. The applicant company's leases on both aircraft had expired by May 1996 (see paragraph 12 above). Further to the judgment of the Supreme Court of November 1996 (see paragraph 58 above) and given the relaxation of the sanctions regime (see paragraphs 67-71 below), JAT and the Minister |
Abdurrezzak İpek | 54. On 25 March 1996 Lieutenant-Colonel Alpı concluded his investigation report. He came to the conclusion that no operation had been conducted by security forces in Türeli village on 18 May 1994 and that the security forces had not even gone to that village on that day. Lieutenant‑Colonel Alpı further considered that the statement taken from |
Kenan Bilgin | 86. She affirmed that she had heard someone cry out “My name is Kenan Bilgin”, and had caught a glimpse, through her cell window, of a dark man, bald and with a moustache, whom she had later identified as |
Tovmerzayevs' | 20. Once Movsar Taysumov was inside, the APC drove further along Lenina Street. The fourth applicant and her neighbours clearly noted its hull number as 569. The fourth applicant followed it along the street and witnessed from a distance how it stopped at the |
Mesut Dündar | 34. According to an indictment filed by the Midyat Prosecutor with the Midyat Assize Court on 11 December 1989, a certain T.M. and the applicant's deceased son, Mesut Dündar, had raped a nine-year old boy in breach of Article 414 of the Criminal Code. As a result, |
Kervalishvili | 57. On 25 November 2002 the applicant’s lawyers questioned Mr Grigolashvili and Ms Margvelashvili in Georgia, in the presence of their lawyers, and through an interpreter. On an unspecified date in 2003 the lawyers also questioned Mr |
Trendafil Ivanovski | 53. The relevant part of the Supreme Court’s judgment reads as follows:
... From the evidence taken during the proceedings, primarily the reports in the personal record established in respect of the appellant, it can be indisputably concluded that he, on the basis of a written document, consciously, secretly, continuously and in an organised manner collaborated with the [former secret police]. Relying on the statements of the secret collaborator – the appellant – the [secret police] gathered information that was processed, stored and used by the [secret police] ... In such a way, the human rights of those people [who were then followed by the State security service] were violated on political or ideological grounds.
Bearing in mind the definition of collaboration contained in the [Lustration] Act, the Administrative Court correctly concluded that the appellant had at the material time the status of a secret collaborator or informant.
The arguments adduced in the appeal regarding discrepancies between the data obtained from the State Archive and those relied on by the Commission, whereby the appellant disputes the authenticity of the evidence, are ill-founded.
In the Supreme Court’s opinion, the facts established by the first-instance court are correct and complete, as they are based on careful and thorough assessment of every piece of evidence separately and of all the evidence taken together ... Assessing the complaints regarding the facts, the Supreme Court also checked the original documentation and finds these complaints ill-founded, since the appellant did not submit any evidence that could call into question the facts as established by the first-instance court.
The Supreme Court finds irrelevant in respect of the possibility of a different outcome the complaints that the applicant was not a collaborator but an oppressed person on whom a political file was opened because of ideas he had, as a minor during high-school days, on the independence of the Macedonian people.
Specifically, the appellant was as a high-school student initially registered by the [secret police] for hostile activities and Macedonian nationalism. However, he continued to collaborate with the service and was approached about being registered in the network of collaborators. In 1965 the appellant was officially registered as a collaborator, when he had already reached the age of eighteen. From the documents available it is apparent that the applicant collaborated with the State security services as an adult.
The appellant’s submissions that he never consented to collaboration and that there is no evidence of registration or deregistration, could not lead to factual findings different from those already established by the first-instance court.
According to the expert assistant’s statement at the public hearing before the Administrative Court, the consent of the collaborator was in no way needed, given the secrecy of the procedure. The proposal for deregistration is in the name of |
Khava Magomadova | 68. On 5 March 2003 Mr D. was questioned as a witness and submitted that at 7.35 a.m. he had spotted Khava Magomadova walking about 100 metres ahead of him. A new white Gazel vehicle had been parked some 50 metres from the applicants’ house; two men had been sitting in it, one of whom was wearing a military-style pea coat. At some point the Gazel had started moving and had turned right in the direction in which |
Meri Danielyan | 5. Mr Sisak Danielyan, Ms Kima Danielyan, Mr Andranik Danielyan, Ms Naira Danielyan, Ms Seda Danielyan and Ms Sona Danielyan jointly owned a house measuring 130 sq. m. situated at 11 Byuzand Street, Yerevan. The applicants alleged that Ms |
Murad Khachukayev | 88. The Government further submitted that the theory of the involvement of special forces (спецподразделений) in the abduction of Murad Khachukayev had not been confirmed by the investigation. According to the information obtained from various departments of the Ministry of the Interior (the MVD), the Federal Security Service (the FSB) and other law enforcement agencies, they had not detained |
Yusuf Özkum | 115. Chief Inspector Eybil Efendi and his colleagues from the rapid response unit had been the first police officers to arrive at the scene. Whilst out on patrol duty, they heard shots and went to the location of the incident. Mr Efendi informed the general police headquarters. Upon hearing the shots, local people also alerted the police switchboard. Not long afterwards, Mr Özdamar and Mr Öztümen, the assistant chief of police |
Barry O'Dowd | 7. On the evening of 4 January 1976, the first applicant was hosting a family get-together at his home in Ballydougan, County Down. At about 6.30 p.m. three masked gunmen forced their way into the house. |
Ali Khadayev | 25. According to the applicants, six months after Mr Ali Khadayev’s apprehension the second applicant went to the FSB quarters where he met “Tank”. He asked “Tank” to help him establish the whereabouts of his son. “Tank” replied: “Z. has left and I cannot help you with anything”. Then “Tank” also left Urus-Martan for about a month and returned together with Z. The second applicant went to the FSB quarters several times asking to speak to Z., but Z. never came out. Then the second applicant asked A., a serviceman of the Military Commander’s Office, to talk to Z. After several failed attempts A. met Z. in the street sitting in a UAZ car. A. said: “Why don’t you let Khadayev out. His father is very anxious.” Z. replied: “I did not take his son away and did not see him.” Then A. told him that “Tank” had been at the Khadayevs’ home twice and had been in charge of Mr |
Mazniashvili | 38. By a letter of 21 April 2008, the Batumi Land Registry, contrary to the information contained in its previous letter (see the preceding paragraph) informed the applicant's sister that, according to the available records, the |
Magomed Soltymuradov | 26. Magomed Soltymuradov is a trained economist. Before the hostilities started he worked in a bank. Between November 1999 and December 2001 he lived as an internally displaced person with his wife and three children in the Volgograd Region. Since his return to Urus-Martan he had been unemployed, while his wife, the thirteenth applicant, worked as a medical worker in a hospital. The applicants stated that |
Erdal Poyraz | 109. The witness was the Chief Public Prosecutor in Bitlis at the time of the events. He was on judicial leave from 20 July to 6 September 1993. On 28 September 1993 he was appointed as a judge to a court in İstanbul. He could not contribute to the elucidation of the facts.
(d) |
Serdar Tanış | 118. The witness said that in principle the establishment of a local party office or a change in its membership would be of no interest to him. However, certain information and material in his possession had raised concerns about possible links between HADEP and the terrorist organisation KADEK (Kurdistan Freedom and Democracy Congress). He did not at any stage ask |
Akhmed Shaipov’s | 49. On 23 January 2004 the department of the interior of the Urus-Martan District informed the investigators that investigative measures taken to find Akhmed Shaipov had so far been fruitless; that they had no information concerning |
Bislan Saydayev | 59. On 28 July 2003 the ninth applicant appealed against the adjournment of the criminal investigation to the Chechnya Prosecutor’s Office. He reasoned that his brother could only have been detained by servicemen because of the use of military vehicles and the fact that the vehicles had been allowed to travel freely through the roadblock, despite the curfew in place. The ninth applicant requested the prosecutor to resume the investigation, to question the servicemen of the roadblock, of the military commander’s office and other law-enforcement bodies of the district about the details of the operation, to identify and question witnesses among local residents, to collect and examine bullets and cartridges left behind by the abductors who had shot at the eleventh and fourteenth applicant as they were trying to pursue them. The complaint requested that the investigation be carried out urgently, before the traces of |
Anzor Ismailov | 235. Later the same morning, the applicant went to the Urus-Martan military commander’s office, where she met Mr Alexander Merluyev, a Goyty resident. His brother, Mr Musa Merluyev (see application no. 36141/10, Merluyev v. Russia below), had been abducted on the same night. Three or four days later the local military commander’s office denied that |
Hüseyin Gazi Ates | 367. If a colleague forgot to sign a document, he would sign it for him. He had signed one such document in the case of İmam Şahin, although he had not formulated its contents. He thought that the person who typed the statement had been |
Mustafa Döleksoy | 12. The Erdemli prosecutor went to the house at around 11.40 a.m. and drew up an examination report with the assistance of the same doctor. Mustafa Döleksoy’s body was formally identified by a colleague from the law firm where |
Talat Türkoğlu | 59. On 19 September 1997 the Enez public prosecutor informed the Edirne public prosecutor that there were no pending investigations of unidentified bodies found in his area of jurisdiction and that his department had no records on |
Franz Müntefering | 10. The Court of Appeal further established, referring inter alia to Wikipedia, that the term “locust company“ (“Heuschreckenunternehmen“) was introduced into the political discussion in German speaking countries in 2005 by Mr |
Chrystollou Nicola Stavrinou | 27. At a preliminary hearing on 25 April 2013 the “TRNC” representatives asked the applicant to submit certificates from the mukhtar showing that the names Andriani Joannou, Andriani Ioannou and Andriani Georgiou Antoniou all referred to the applicant, and further certificates showing that her aunt had been variously known as |
Arbi Karimov | 50. On 20 August 2003 the military prosecutor’s office of military unit no. 20102 informed the applicant that the examination of her complaint had not established any involvement of the Russian military forces in the abduction of |
Fatih Yılmaz | 40. The trial court noted that the first time the applicants had given evidence to the investigating authorities was some ten days after the killing (see paragraph 22 above). In the opinion of the trial court, the applicants' failure to make statements in the immediate aftermath of the events showed that the applicants had not witnessed the killing, but had made the allegations in order to blame the State for it. Thus, not only the statements made by the applicants but also the statements made by their witnesses were not to be relied on in evidence. On the other hand, there were no legal reasons to disregard the conclusions of the investigations carried out by the soldiers who had themselves had taken part in the investigation. It was “impossible” that the soldiers would collude in order to protect the first lieutenant by blaming private |
Mahamad Bizurukov | 75. Human Rights Watch’s “World Report 2013: Kyrgyzstan” contains the following findings concerning the situation in Kyrgyzstan in 2012:
“Kyrgyzstan has failed to adequately address abuses in the south, in particular against ethnic Uzbeks, undermining long-term efforts to promote stability and reconciliation following inter-ethnic clashes in June 2010 that killed more than 400 people. Despite an uneasy calm in southern Kyrgyzstan, ethnic Uzbeks are still subjected to arbitrary detention, torture, and extortion, without redress.
...
Local human rights non-governmental organizations reported that the overall number of reported incidents of arbitrary detention and ill-treatment in police custody continued to decrease in 2012 in the south, although they still document new cases. Groups also reported the growing problem of law enforcement extorting money, in particular from ethnic Uzbeks, threatening criminal prosecution related to the June 2010 events. Victims of extortion rarely report incidents for fear of reprisals.
Investigations into the June 2010 violence have stalled. Trials of mostly ethnic Uzbeks connected to the violence continued to take place in violation of international fair trial standards, including the trials of |
Rakhmankulov | 245. As to the searches in other premises, the court decided that they had been conducted in an orderly and lawful manner. The court referred to the statements by Mr Uvarov and Mr Pletnev, members of the investigative team, who had participated in the searches. The court held their testimony for truthful since they “had no reasons to give false testimony”. The court further held that several attesting witnesses had participated in the searches and were able to supervise their progress. As to the statements by Ms Ardatova, Ms Morozova and Mr |
Süleyman Yeter | 5. The applicants were born in 1970, 1924, 1955 and 1957 respectively. The first applicant lives in Istanbul, the second and third applicants live in Erzincan and the fourth applicant lives in Neunkirchen (Austria). The first applicant is the wife, the second applicant is the mother and the third and fourth applicants are the brothers of Mr |
Adam Israilov | 25. The fifth applicant went into the courtyard at 74 Shkolnaya Street. There he saw the four bodies of the young men who had been led away by the soldiers. Under the fence-roof (a roof covering part of the courtyard) there were the bodies of |
Tofiq Yaqublu | 59. I.A., a journalist, stated that there had been some disturbances in the town between about 10 a.m. and 11 a.m. and that the police had used water cannons and rubber bullets against the protesters. At around 4 p.m. other journalists had arrived from Baku. The applicant and |
Nura Luluyeva | 33. The discovery of the mass grave was reported in the media and became a subject of two special reports by the human rights NGOs Memorial (March 2001) and Human Rights Watch (May 2001). Both NGO reports stated that, of the identified bodies in the mass grave, 16 or 17 belonged to persons previously detained by the Russian forces, and specifically mentioned the case of |
Moravia Ramsahai’s | 27. Forensic experts from the Amsterdam/Amstelland police force secured evidence, mainly in the form of photographs, which was afterwards added to the investigation file. They found the bullet, which had passed through |
Rizvan Tatariyev | 191. The fourteenth applicant was questioned on 3 January 2002. She gave a detailed statement about the kidnapping of her son in the early hours of 22 December 2001. She described their dark army uniforms and the electric lamps attached to the foreheads, as well as masks and said that they were armed with handguns. They had spoken Russian and forbidden the family members to follow them into the courtyard, unless they wanted |
Nihat Konak | 131. On the other hand, applicants Şaban Kavaklıoğlu, Mehiyet Emsalsiz, Selame Türker, Ali Gençaslan, Hanım Çiftçi, Hasan et Hüseyin Çat, Firdevs Kırbıyık et Melek Altıntaş (List A), as well as applicants Resul Ayaz, |
Kabir Osmanović | 7. Still on the same day, the applicant was brought before a judge of the Pula Minor Offences Court who, after she had heard the applicant, remanded him in custody for eight days under Section 135 § 1 of the Minor Offences Act in connection with the above charges. The reasoning reads as follows:
“On 9 October 2009 the Istarska Police Department submitted to this court an indictment in urgent proceedings against the accused, |
Rauf Arifoglu | 6. The first applicant, Mr Panah Huseyn (also sometimes referred to as Panah Huseynov), was a prominent member of the Popular Front Party of Azerbaijan. The second applicant, Mr Rauf Abbasov (commonly known as |
Süleyman Acar | 58. On 20 November 2000 the court decided to acquit the village guards. The court drew the following conclusions from the evidence:
“The statements which the witnesses and the complainants made when interrogated by the public prosecutor were different from those they later made before the court. In particular, in his statement before the public prosecutor, Salih Acar stated that the accused had covered their faces when they stopped the convoy, whereas in his statement to the court he did not specify whether or not the attackers had covered their faces. |
Kazım Demirbaş | 16. A retrial began before the Denizli Assize Court, which, on 20 May 2003, found the ten village guards guilty of the murder of the eight villagers as well as the attempted murder of a number of others, including the third and fourth applicants. The village guards were sentenced to life imprisonment. In its judgment the Denizli Assize Court stated the following:
“In view of the autopsy reports, there is no question as to the cause of death of the villagers. Instead, the question to be resolved is whether those who fired on the villagers were the accused village guards.
It is not possible to rely solely on the witness statements as they are contradictory on several points. However the witness statements given during the preliminary investigation seem to be, in general, objective. Relying on these initial statements it is established that the persons who had fired had their faces covered in order not to be recognised.
Furthermore, in the court's opinion, what a military commander should normally do when he is notified of an incident is to go to the scene of the incident as soon as possible. However in the present case, the fact that the non-commissioned officer Ali Kılıç checked all twenty-seven weapons one by one, without taking any action, is incomprehensible. Moreover the court notes that the Midyat Public Prosecutor maintained that the soldiers were not collecting the empty cartridges to help him and that he had to personally collect the empty cartridges which were near the dead bodies. In view of the above, the court concludes that Ali Kılıç, |
Rizvan Ibragimov | 17. The Government submitted that the Prosecutor General’s Office had established that at about 2.20 a.m. on 29 December 2002 unidentified persons armed with machine guns and wearing camouflage uniforms and masks had entered the house at 14, Beregovaya Street, Urus-Martan, the Chechen Republic, and kidnapped |
Adam Khurayev's | 43. On 15 May 2005 the applicant wrote to the Urus-Martan district prosecutor, describing in detail the circumstances of her son's apprehension and pointing out that her son had been abducted by representatives of the State. The applicant complained that the investigation into |
Musa Temergeriyev | 89. On 13 October 2006 the main military prosecutor’s office transmitted the seventh applicant’s request for assistance in the search for her brother to the military prosecutor of the UGA. The letter stated in particular that:
“... on 27 December 2002 federal servicemen arrested |
Ruslan Taymuskhanov | 20. On 5 March 2004 the district prosecutor's office issued a report stating the following. At about 11 a.m. on 30 December 2002 in the area of Starye Atagi unidentified masked persons in camouflage uniforms armed with machine guns had arrested |
Mehmet Nuri | 9. The applicant, Ms Şemsi Önen, is a Turkish citizen, born in 1968. At the relevant time, she lived in the village Karataş near Mazıdağı (Mardin) in south-east Turkey. The application was brought by the applicant on behalf of her deceased parents and brother, on her own behalf and on behalf of her ten suriving siblings, namely Mekiye, Ishan, Ercan, |
Hasan Orhan | 175. Çağlayan was attached to his station, he went there from time to time and knew it well. Çağlayan and Gümüşsuyu were about 15-20 minutes walk apart. He knew the muhtar of Çağlayan personally, as he did almost all of the muhtars. He did not know Salih, Selim or |
Shamkhan Tumayev | 46. It appears that on the same date, 19 September 2004, the ROVD officers also interviewed the first applicant. She stated that at about 2 a.m. on 19 September 2004 she had been woken up by knocking on the front door. When she had opened it, three masked and armed persons in camouflage uniforms had burst inside and had asked her to give them her son's passport. The intruders had then locked the first applicant and her relatives up. The first applicant had managed to get outside through the window, whereupon she had seen the second applicant, who had told her that the intruders had taken |
Amina Tsurayeva | 177. The fifth, sixth and seventh applicants are, respectively, the daughter, the son and the wife of Mr Aslan Tsurayev, who was born in 1972 (in the documents submitted the year of birth was also referred to as 1970). On 10 July 2018 the applicants informed the Court that the fifth applicant, Ms |
Magomed Kudayev | 17. The applicants asked Mr A.G. to assist them in the release of Magomed Kudayev. Mr A.G. promised that he would speak to his brother, Mr Kh. G., about that. For three months the applicants and their relatives waited for any information about |
Beşir Gasyak | 11. Ali Nas and Beşir Gasyak made statements to the police on 29 January 2003; Havil Adırbelli, Resul Kervanoğlu and Metin Goran did so on 30 January 2003 and Yetgin Adırbelli, Gülek Adırbelli and Mehmet Goran on 31 January 2003. They were asked whether they had been involved in the armed attack of 27 January 2003. |
T. Layijov’s | 16. On 14 June 2005 the investigator at the Zagatala District Police Station delivered a decision on assessment of the evidence. It appears from the decision that the applicant was also examined by a forensic narcotics expert who established that he had not been using narcotic substances and was not a drug user. By the same decision, the investigator also refused to launch a criminal inquiry in respect of the applicant’s allegation of ill-treatment. The relevant part of the decision reads as follows:
“T. Layijov alleged in his testimony that he had been beaten up by police officers and had even fainted. It appears from the case file that T. Layijov tried to escape when he was being taken to the district police station and that police officers dragged him upstairs. In that case, there should have been contusions and bruises on his body. It was established in the forensic report that there was an oval-shaped bruise on Layijov’s neck, but no injuries were found on other parts of his body. The degree of the injury was not determined because it was not an injury causing harm to health and it was established that the injury [found] would not have caused [him] to lose consciousness. Nevertheless, the procedural legislation allows causing harm to a person who has committed a crime, if he tries to escape during arrest. As the extent of |
Bashir Velkhiyev | 53. Also on 25 August 2004 officer M. of the Organised Crime Unit was questioned. He submitted that he had been working at the Unit since 2000. Since 2001 he had been responsible for the provision of arms, receipt of information and organisation of field missions. Usually he remained on duty for twenty-four hours, after which he stayed at home for forty-eight hours. On 20 July 2004 officer M. had taken up duty at 8.30 a.m. On that date officer G., officer T. and officer Tut. had also been on duty. At 9 a.m. officers of the federal units of the Ministry of the Interior deployed in Ingushetia brought two detainees with black bags on their heads to the Organised Crime Unit. The officers were wearing masks and gave no information about the detainees, promising to provide it later. Officer M. made no entries in the register at that time. After waiting until 10 a.m., he asked the officers to provide him with the information concerning the detainees. They replied that they would obtain explanations from the latter and forward them to officer M. later. He did not know who the officers were, they were wearing camouflaged uniform. Officer M. also submitted that after the events of 21-22 June 2004 officers of the federal units were regularly stationed at the Organised Crime Unit. They would bring people there and question them. At approximately 1.40 p.m. on 20 July 2004 officer M. heard a loud noise on the staircase. After leaving his post, he saw two officers of the federal units lifting a man in dark clothes with a bag on his head. He asked them what was going on. They replied that the man had slipped on the stairs and fallen down. Having lifted him, they took the man upstairs. At approximately 2.50 p.m. the officers of the federal units left for a field mission, having informed officer M. that they had to fetch one more person who was an accomplice of those already brought to the Organised Crime Unit. At around 3 p.m. the officers returned. At 3.20 p.m. B., the Deputy Head of the Organised Crime Unit, called officer M. and told him to call an ambulance, which he did immediately. At 3.40 p.m. the ambulance arrived and, together with the doctors, officer M. went to the second floor and entered office no. 17. In the office medical assistant Kh. and Deputy Head B. were providing first aid to a man lying on the floor. The man, Mr |
N. Ceauşescu | 22. According to a decision by the same prosecutor’s office dated 20 September 1995, issued in case no. 97/P/1990, the subject-matter of the investigation was specified as follows:
“With regard to the aims of case no. 97/P/1990, it is also necessary to specify the timeframe to be taken into account. Thus, it should be emphasised that the investigations focused on acts committed during the period which elapsed between the dispersion of the demonstration on Palace Square ordered by |
Revaz Dvalishvili | 26. By a decision of 1 August 2006 the Tskaltubo District Court dismissed the applicant’s appeal as unsubstantiated. Relying on the applicant’s pre-trial confession, the statements of the police officers and the medical documents of 28 December 2005 and 21 March 2006, the court confirmed the account of events presented by the police officers. In particular, the court held:
“In view of the above it is established that |
Cafer Kaçar | 24. Also on the same day a large number of injured people were examined at the local hospital in the town of Cizre. Some of the injured persons whose condition was deemed to be critical were referred to Mardin State Hospital. These included the thirty-ninth to forty-first applicants, |
George Pace | 66. The Constitutional Court reiterated that the right to legal assistance was not intended to create a formality, which, if not observed, provided the accused with a means to avoid conviction. Before the introduction of Article 355 AT the right to legal assistance was part and parcel of the right to a fair hearing, intended to protect persons who as a result of a particular vulnerability might have given statements as a result of which they could be found to be guilty when in reality they were innocent. In various domestic and ECtHR cases violations had been found in the cases of minors. In the present case, the applicant was neither a minor nor suffering from any other vulnerability, nor had he complained that the statement had been made under duress. Moreover, referring to the Salduz judgment, it recalled that under domestic law as stood at the relevant time, no inferences could be made from silence, thus the applicant could have chosen to remain silent. Furthermore, the applicant had been found guilty not only on the basis of his statement but also on other statements of eye witnesses.
|
Vidzha Umayev | 47. In the Government’s submission, the preliminary investigation established that Mr R.D. had been doing military service in military unit 44822 of the Vostok special-purpose battalion (previously an infantry battalion) since 10 August 2004. In mid-July 2006 Mr R.D. had colluded with two unidentified individuals with a view to abducting |
Kh.‑A. Akhmadov | 32. On 27 December 2004 the investigators again questioned officer M.S., who stated that on 19 November 2004 he and his five colleagues had been patrolling the area next to ‘Musa Motors’ service station when they had heard gunfire. In about ten minutes they had arrived at the place of the shooting. There they had found a group of about thirty armed men in camouflaged uniforms who had informed them that they were from the OMON, and in the process of carrying out a special operation. These men, who had beaten up private M.K. and had killed patrolling officer |
M. Sakhokia | 23. Along with their statements giving details of the incident, the applicants also provided the Court with a photograph of M. Chikovani, who, after jumping out of the window, sustained an injury to her back and was unable to walk for months, a photograph of |
Kamil Kündüz | 85. Kamil Kündüz was requested to investigate, as Adjudicator, the claims (outlined in the Kulp Chief Public Prosecutor's file) according to the law on the prosecution of civil servants and to report within 3 months.
(e) The Adjudicator's report ( |
Sandro Girgvliani | 18. As submitted by the applicants, on the evening in question Sandro Girgvliani and L.B.-dze, both young bankers, arrived at the Café Chardin later than the group of friends mentioned above. The applicants’ son was actually hoping to see Th.M.-dze, whom he was apparently courting. On entering the café, he went up to the table where T.S.-aia, the Interior Minister’s wife, and her friends were sitting to say hello to Th.M.-dze. After greeting Th.M.-dze with a kiss, he went to sit with L.B.-dze at a nearby table. At one point he signalled to Th.M.-dze to join them at his table and she temporarily changed tables. The discussion between |
Azize Matyar | 70. Village guards from Boyunlu had come into the village of Ormandışı firing their weapons. He saw his son Cihan shot by the chief village guard as he came to the house. Later the guards burnt the crops. At nightfall, the guards left. There had been no terrorists in the village and there had been no armed clash. Soldiers apparently arrived after the guards had left – he did not see them as he stayed inside out of fear.
Statement by |
Seyfettin Demir | 33. Mr Hasan Şakrak was the Public Prosecutor in Diyarbakır who had been in charge of the case since 1999. It was he who had conducted the investigation into the disappearance of A.T. and into the alleged intimidation of the applicant by police officers. His investigation file only contained testimonies from the applicant and her daughters, Yasemin and Remziye, in which they made no references to the other people who had allegedly witnessed both incidents. Mr Şakrak said that a large part of the documents concerning A.T. had never been handed over to him. He had never heard of |
Shamil Bantayev | 34. On 4 December 2003 the district prosecutor’s office replied to the SRJI stating that the investigation into the Bantayev brothers’ kidnapping had been instituted on 6 January 2003 and that it had been suspended on an unspecified date for failure to identify the culprits. They further noted that victim status in the criminal proceedings had already been granted to |
Jörg Haider | 7. This background was not mentioned in the above article but “der Standard” had reported on Mr Haider’s conviction in its issue of 2 October 1998. It read as follows:
“Criminal court convicts HaiderLawyer Böhmdorfer also convicted of defamation
The FPÖ federal party leader, |
Sulimanova Ramize | 14. According to the medical records, at the request of a pregnant woman, a medical team had gone to the scene and brought her to the hospital. An entry in the hospital’s medical records of 3 August 1998 showed that one |
Chief Sergeant S | 31. In a decree of 10 November 2006 the prosecutor discontinued the criminal proceedings since he considered that Chief Sergeant S had not committed an offence. In relation to the court’s instructions regarding further inquiries, the prosecutor stated that, despite efforts made, no other eyewitnesses had been identified; the inspection of the knife had not revealed any new evidence; it had been impossible to establish the owner of the mobile telephone; and that a reconstruction of the events would have been futile as |
Zahide Kıraç’s | 65. On 5 December 2007 the Diyarbakır prosecutor opened a new investigation file (no. 2007/1934) and sent a letter to the Şırnak prosecutor. In his letter the Diyarbakır prosecutor stated that the investigation file only contained |
Gretel Janssen | 28. By a judgment of 13 October 1993 the Federal Social Court (Bundessozialgericht) set the appellate court’s judgment aside and dismissed the plaintiffs’ appeal. The Federal Social Court considered in particular that Mrs |
Rustam Kagirov | 11. At about 6 p.m. on that day the applicant, having pulled over to his house, saw a black VAZ Priora vehicle with registration number A 720 AT 95 parked next to the village administration in Sovetskaya Street. Meanwhile, Mr |
Fernández Martínez | 25. The tribunal then referred to the arguments used by the Diocese to justify the non-renewal of the applicant’s contract, namely the fact that he had made public his situation as a “married priest” (he had not received a dispensation from the Vatican until 1997) and father, together with the need to avoid scandal and to respect the sensitivity of the parents of the school’s pupils, as they might be offended if the applicant continued to teach Catholic religion and ethics. In this connection the tribunal took the following view:
“[I]n the light of the facts thus presented, Mr |
Gennadiy Gudkov | 43. On 6 May 2012 Police Colonel Deynichenko drew up a report summarising the security measures taken on that day in Moscow. The report stated that the march, in which about 8,000 people had participated, had begun at 4.15 p.m. and had followed the route to Bolotnaya Square. It listed the groups and organisations represented, the number of participants in each group, the number and colours of their flags and the number and content of their banners. It further stated as follows:
“... at 5.04 p.m. the organised column ... arrived at the [cordon] and expressed the intention to proceed straight to Bolshoy Kamennyy bridge and [to cross it] to Borovitskaya Square. The police ... ordered them to proceed to Bolotnaya Square, the venue of the meeting. However, the leaders at the head of the column – [Mr Udaltsov, Mr Nemtsov and Mr Navalnyy] – ... called on the marchers through the loudspeaker not to move. Together with some thirty protesters they sat on the ground. Another group of about twenty, called by [their leaders], sat as well. The police ... repeatedly warned them against holding an unauthorised public gathering and required them to proceed to the venue of the meeting or to leave. Besides that, two State Duma deputies, |
Carl Lindstrand | 11. The search of the two designated premises took place on 14 March 2008 and was conducted by officials of the Enforcement Authority (kronofogdemyndigheten) in Stockholm and several auditors of the Tax Agency. The flat was searched first. Present were Mr |
Fevzi Mustan | 28. The prosecutor charged Ali Erdurucan, Haydar Erol and Eyüp Yalçınkaya with the offence of murder. Nurettin Bülbül was charged with murder and with exceeding the limits of legitimate self-defence. Finally, |
Khamzat Merzhoyev | 55. On an unspecified date the first applicant lodged an action with the Achkhoy-Martan District Court (“the district court”), seeking to have Khamzat Merzhoyev declared a missing person, in order to receive a pension for the loss of the family breadwinner. On 14 February 2005 the district court allowed her action and declared |
Zafer Özdağ | 61. The report recounted the findings of the autopsy and of the other reports referred to above. Dr Milroy observed, inter alia, the following shortcomings:
(a) no organ weights, in particular the weight of the lungs, were recorded. Furthermore, no description of the presence or absence of petechiae[2] was made, despite the diagnosis of asphyxiation;
(b) the 6 cm laceration described by Dr |
Nicolae Ceauşescu | 10. In 1990, military prosecutors in Bucharest, Timişoara, Oradea, Constanţa, Craiova, Bacău, Târgu Mureş and Cluj opened investigations into the use of force and the unlawful deprivation of liberty of the participants in demonstrations in the final days of December 1989. To date, the main criminal investigation into the use of violence, particularly against civilian demonstrators, both prior to and following the overthrow of |
Usman Mavluyev's | 122. On 21 October 2009 Ms A.A. was questioned again. Contrary to her previous submissions, she stated that on 8 January 2000 she had not noticed any details of the servicemen's clothes or any specific names they had used between themselves. Neither had she recalled whether the servicemen had put something on |
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