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Sibel Sartık | 41. Following the communication of the application to the respondent Government, on 18 January 2011 the İzmir prosecutor took a statement from the applicant Ms Gülbahar Özer. The applicant repeated her allegations about the unlawful killing of her daughter |
Zain) Sejdovic | 12. On 15 October 1992 the Rome investigating judge made an order for the applicant's detention pending trial. However, the order could not be enforced as the applicant had become untraceable. As a result, the Italian authorities considered that he had deliberately sought to evade justice and on 14 November 1992 declared him to be a “fugitive” (latitante). The applicant was identified as Cloce (or Kroce) Sejdovic (or Sajdovic), probably born in Titograd on 5 August 1972, the son of Jusuf Sejdovic (or Sajdovic) and the brother of Zaim (ou |
Ruslanbek Vakhayev | 84. On 25 March 2005 the investigators again questioned the mother of Mr M.D., Ms A.D., who stated that her husband, who had conducted the search for their son, had told her that the local administration had informed him that M.D. and |
Sebahattin Uz | 29. On 14 May 1998 the Yığılca Criminal Court rejected the appeal of Yaşar Öz against the decision ordering his arrest for the kidnapping and killing of the applicants' relative and the other two persons. On 29 May 1998 an identity parade was held in the prison where Yaşar Öz was being detained on remand. Both |
Vakha Abdurzakov’s | 23. In the following months the applicants continued to search for their son and contacted various official bodies, such as the Special Envoy of the Russian President in Chechnya for Rights and Freedoms (“the Special Envoy”), the President of the Chechen Republic, the Russian Ministry of the Defence and the prosecutors’ offices at different levels. In their applications they described in detail the circumstances of |
Yakha Yakhyayeva | 6. The applicants are:
(1)Ms Maryam Kadirova (also spelled as Kadyrova), bornin 1958;
(2)Ms Zultmat Betilgiriyeva, born in 1959;
(3)Mr Khasan Kadyrov, born in 1957;
(4)Mr Zelimkhan Kadyrov, born in 1987; and
(5)Ms |
Magomed Edilov | 41. The investigation was regularly suspended for failure to identify the culprits, and then reopened. In the meantime, the applicants submitted written and oral complaints to the prosecutor’s office, but no progress was made. Thus, on 2 March 2006 the district prosecutor’s office replied to a complaint by the applicant in case no. 26960/06 and stated that the investigation had failed to establish the whereabouts of |
Ruslan Magomadov | 56. On 20 April 2005 (in the submitted documents the date was also referred to as 31 March 2003) the first applicant was granted victim status in the criminal case and questioned. According to the witness, on 9 February 2003 she, her son |
Taşkın Usta’s | 10. On 18 April 1992 an autopsy was carried out on the deceased by forensic experts at the Istanbul Cerrahpaşa Medical Faculty. According to the report, the body of Taşkın Usta bore forty-five bullet entry wounds, thirteen of which were fatal. The report concluded that nine of the shots had been fired at a long range but that a further examination needed to be conducted on the clothes of the deceased in order to determine the shooting range of the others. The report also stated that, according to the toxicology report, no foreign substance, such as alcohol or drugs, had been found in |
Shchiborshch | 77. The first applicant partially confirmed D.’s account. He pointed out, however, that Mr Shchiborshch had stabbed G. not when he had opened the door to the lobby but later, when G. had been standing in front of the flat persuading him to drop the knife. Mr |
Ömer Gazi Tekoğul | 138. According to another report of the SBA police dated 12 January 2001, Mr Rauf Denktaş had allegedly said in a meeting with Sir David Hannay, Britain’s Special Envoy to Cyprus at the time, that he would be prepared to release the first applicant on bail if |
A. Elbakidze-Jioeva | 40. On 16 January, 27 November, 19 and 26 December 2000, 8 June 2001, 19 and 26 December 2000, 11 November 2000 and 29 April 2001 respectively the applicants were subjected to various forms of aggressive behaviour because of their faith. A group of Father Basil’s followers in Tbilisi, a group of around thirty followers of Father Tsaava and Father Basilaia in Martvili, and other groups of laypersons followed the applicants in the streets or close to their homes; they insulted them; they attempted to break into their homes by forcing the doors, frightening children who had been left home alone (case no. 9); they tried to force one of the applicants to kiss the cross (applicant no. 80, criminal case no.10); and they seized their religious literature (case no. 14) and burned it (case no. 11). The homes of applicants |
Ayub Takhayev’s | 7. The first and second applicants are married. They are the parents of Mr Ayub Khashidovich Takhayev, born in 1982, and the third applicant. The fourth applicant is the third applicant’s son and Ayub Takhayev’s nephew. The fifth applicant is |
Eugenia Duca’s | 5. On 15 November 2002 Flux published an article entitled “The criminal case file of Eugenia Duca, like five kilograms of waste paper”. It reported on the evolution of a high-profile criminal case against a business woman, who was convicted at the time but was later acquitted and compensated for illegal prosecution and detention, and published in italicised script extracts from an open letter sent by her daughter to the President of the country, President of the Parliament, Prime Minister, Council of Europe, OSCE Mission in Moldova and other organisations. In the letter she complained of alleged abuses committed by the prosecution and by the judiciary against her mother. The letter contained, inter alia, the following sentence:
“On 10 July 2001, the Deputy Prosecutor General V.S. (subsequently dismissed for dubious affairs), signed the indictment in |
the Minister of the Interior | 13. On 1 December 2005 the applicants lodged a complaint with the Constitutional Court. They alleged a breach of Articles 10 and 11 of the Convention and their constitutional equivalents. The applicants specifically referred to the above-mentioned statements of |
Anamaria‑Loredana Orășanu | 13. Although the parties have not communicated any information regarding the lodging of an appeal against this decision, it is apparent from the prosecutor’s office website that it was subsequently quashed and to date the main criminal investigation is still ongoing (see |
Isa Aytamirov | 25. On 17 June 2004 the applicants' relative, Ms M.DzH., another aunt of the disappeared Isa Aytamirov, was granted the status of a victim in criminal case no. 42027. The decision stated, in particular, that at about 4 a.m. on 19 February 2003 a group of unidentified armed persons in camouflage uniforms, travelling in three APCs and two UAZ vehicles, had abducted |
Imran Kuntayev | 86. On 21 August 2002 the military prosecutor of military unit no. 20102 informed the applicants that their allegations that their relatives had disappeared during the sweeping operation in Stariye Atagi had been investigated and that criminal proceedings in criminal cases nos. 14/33/0184-02 and 14/33/0185-02 had been instituted in connection with the combat between the servicemen and the members of the illegal armed groups and as regards the discovery of four bodies bearing signs of a violent death in a burnt car on the road from Chechen-Aul to Stariye Atagi. The letter continued as follows:
“The preliminary investigation established that on 9 March 2002, during the special operation in the village of Stariye Atagi, the servicemen of military unit no. 3228 under the command of Senior Lieutenant Z. were checking vehicles going out of the village of Stariye Atagi, since, in accordance with intelligence received, members of illegal armed groups stationed in Stariye Atagi were planning an attack on this road.
At around 3 p.m. a VAZ 21099 car approached the servicemen of military unit no. 3228 under the command of Z. In reply to the servicemen’s order to stop, machine-gun fire was opened from the car. The servicemen opened return fire with the result that the car started burning. Subsequently three burnt corpses of unidentified persons were found in it.
On 18 May 2002 the criminal proceedings brought in connection with the servicemen’s use of firearms were discontinued...
The preliminary investigation in case no. 14/33/0185-02 established that on 7 March 2002, at around 1 p.m., in the courtyard of the house at 81 Nagornaya Street, in the course of the operation to locate and detain members of illegal armed groups, fighting had broken out between the servicemen of military unit no. 3228 under the command of Major V. and rebel fighters (boyevik), the latter having hidden in the house and opened machine-gun fire. The servicemen inflicted fire damage, using, inter alia, RPG-26 weapons with the result that the house caught fire. During the ensuing examination of the house four burnt bodies were found, one of whom was identified by [Ms K.] as her brother, [Mr] |
the Bishop of Kitium | 22. On 21 July 1989 he was taken to court. Foreign journalists and UN officers were present in the courtroom. The accused had no legal representation and the quality of the interpretation was poor; the applicant felt that the interpreter was not translating all of what was being said. One of the accused ( |
Abdul-Yazit | 72. On 30 January 2010 the investigators again questioned the applicant’s relative Mr M.A., who stated that in his presence the Envoy had called the police to inquire about Abdul-Yazit, but that he had not used the exact phrase, “You have no right to detain him [ |
Cheţan Crăciun | 66. In a letter dated 8 November 1995, Liga Pro Europa, a human-rights association based in Târgu-Mureş, informed the Prefect that six houses had still not been rebuilt, which meant that six families had to spend another winter without a dwelling. Moreover, according to the association, most of the victims had complained about the bad quality of the rebuilt houses and alleged that the money allocated for this purpose had been improperly used.
In a letter addressed to the Prefect in 1995, the mayor of Cheţani (of which Hădăreni is a part), G.G., a member of the reconstruction commission, reported that, of the fourteen houses destroyed by the fire, eight had been rebuilt or almost rebuilt. Concerning the remaining six houses, he reported that three of them posed “special problems” based in part on “the behaviour of the three families”, “the seriousness of the acts committed and the attitude of the population of Hădăreni towards these families”. In particular, one of the houses to be rebuilt was on land near the non-Rom victim's family ( |
Rudolf Myrskyy | 18. By a judgment of 7 March 2002 the court allowed the plaintiffs' claim in part. It considered it established, firstly, that the impugned statement had indeed been made by the applicant, and, secondly, that it had been untruthful and defamatory. The court ruled as follows:
“To oblige R. Myrskyy and the editorial office of the newspaper Ukraine and the World Today to publish (...) a disclaimer worded as follows: “The statement of |
Leonid Ghimp | 22. During the subsequent court proceedings, suspect A.P. changed his statement again and submitted that nobody had ill-treated Leonid Ghimp on the evening of 10 December 2005. When asked why he had admitted on 6 July 2006 to one of the co-accused having ill-treated |
Ayubkhan Magomadov | 55. On 14 May 2003 R. was again questioned. He stated that on 2 October 2000, along with other officers of the VOVD, he had accompanied the FSB officers from Grozny to Kurchaloy, where they had detained |
Arbi Barayev | 17. On 1 May 2001 the Agence France-Presse news agency, referring to information from the Russian ITAR-TASS news agency, reported:
“Russian forces said ... they had wiped out a rebel unit led by warlord |
Mustafa Ten | 77. The following morning (19 November 1990), the witness had blindfolded Yakup Aktaş and taken him to the Mardin interrogation centre where, some time before noon, he had delivered him into the hands of Master Sergeant |
Magomed-Salekh | 24. Approximately in the end of January 2003 Ye., an operational-search officer of the ROVD, informed E., the head of the village administration, that after being detained for some time in Khankala, at the main military base of the Russian federal forces in Chechnya, the applicant’s sons had been transferred to the department of the interior of the Staropromyslovskiy district of Grozny (the Staropromyslovskiy ROVD). According to Ye., |
Yusuf Karakoç | 91. It had been established before Yakup Aktaş was taken to the interrogation centre that he had helped and sheltered members of the PKK. Yakup Aktaş had given TRL 30,000,000 and five Kalashnikov rifles and ammunition to the PKK.
xi. Statement of Master Sergeant |
Apti Zaynalov | 28. On 7 July 2009 the ROVD officers had been given explanations by Mr Ts., the deputy director of Achkhoy-Martan Hospital. He had submitted that on 3 July 2009 he had been on duty at the hospital and Mr |
Timur Beksultanov | 48. On 19 January 2005 the investigation in case no. 44050 was resumed. The decision stated, in particular, that on 17 October 2004 the district prosecutor’s office had received the applicant’s complaint that on 2 October 2004 persons in camouflage uniforms had arrested |
Evelyn Allen Nakato | 12. On 21 November 1999 the Secretary of State refused her application for asylum on the ground that she had not herself been involved in any political parties or activities in Uganda and that she had not claimed to have experienced any arrests, detention or significant problems from the time of her father’s release in 1987 until the claimed raid on her home in September 1998. This was considered to be evidence that she would not be of any adverse interest to the Ugandan authorities. Furthermore, she had used the passport she had obtained from the Ugandan authorities through the correct channels in the name of |
Magomed-Salekh | 63. On an unspecified date the applicant complained to the prosecutor of the Chechen Republic that the investigation in criminal case no. 44016 was ineffective. She requested the authorities to conduct an effective and thorough investigation into her sons’ abduction. In her letter she provided a detailed description of the circumstances in which her sons had been taken away and pointed out that after their abduction |
Stasė Jasiūnienė | 14. On 3 April 1996 the Klaipėda Regional Court quashed the judgment of the District Court. The Regional Court found that the decision of the Palanga City Council of 25 September 1992 did not comply with Article 19 of the Restitution of Property Act as the local authority had not decided whether land or money and, in either case, which land or what amount of money should have been offered to the applicant as a compensation. The Regional Court held that the local authority had to resolve these questions. The court required the administration of Klaipėda County to “adopt, by 30 June 1996, a decision on the request by |
Aldan Eldarov | 127. On that day the servicemen also arrested a local resident, Mr Akhmet Kadyrov, and his two brothers. After checking their passports, the servicemen took them to the military base in an APC and placed them in cages and tents with other detainees. The cages were surrounded by dozens of military vehicles, including APCs, tanks and a helicopter. The detainees, who were asked whether they knew any rebel fighters or local residents who had weapons, were subjected to beatings. Mr |
Girikhan Tsechoyev | 11. The next day the prosecutor summoned Mr U.Ts. for questioning. In the course of the questioning a representative of the prosecutor’s office, Mr Kh., and the head of the criminal investigation department of the Sunzhenskiy ROVD confirmed that Mr |
Ibragim Kushtov | 32. On 26 January 2006 the investigators questioned Officer M.B. of the traffic police who stated that at about 5.30 p.m. on 25 January 2006 he and two of his colleagues, B.G. and A. Kh., had been on duty at the traffic police station near the airport. An officer of the ROVD, Yu.E., had arrived and told them that unidentified men in two Niva cars had abducted the driver of a white VAZ car about 500 metres from the station. The witness had immediately gone to the scene, where he had found a VAZ-21074 car with registration number B309TX15 and had taken it to the ROVD. The car had been searched there and a driver’s licence in the name of Mr |
Servet İpek | 18. Both the applicant's and his brother's houses were completely destroyed by fire. After most of the houses had been destroyed, the soldiers released the villagers. But they did not release the applicant's sons İkram İpek and |
Gancho Vachkov | 39. On 22 March 2001 a prosecutor from the Chief Public Prosecutor’s Office dismissed the appeal without commenting on the applicants’ argument that the police officers involved had not been identified or questioned. He considered that in his decision of 21 September 1999 (see paragraph 34 above) the prosecutor from the Sofia military regional prosecutor’s office had rightly relied on Article 12a of the Criminal Code and that, in addition, it had been clearly established that Mr |
Shakhid Baysayev | 13. From the witnesses' statements the applicant learned that the “sweeping” operation in Podgornoye had resulted in a large number of persons – over fifty – being detained by the Russian military. All of them had been taken to the Staropromyslovskiy Temporary District Department of the Interior (VOVD) in Grozny. One of the witnesses told the applicant that he had seen her husband, |
Ramanauskas | 16. At the hearing of 4 February 2009, the applicants, then represented by lawyer S.D., changed their plea and claimed that they had been pushed to commit the offence by the investigators, who had acted as agents provocateurs. They invoked in their defence the Court’s case-law in relation to police entrapment, namely Teixeira de Castro v. Portugal (9 June 1998, Reports of Judgments and Decisions 1998-IV) and |
Zurab Tsintsabadze's | 12. The investigator, along with the prison's therapist, then carried out a visual examination of the body in the therapist's office. A strangulation mark on the neck and scars from old wounds were noted. No other lesions were found. The investigator stated in his report, without any further explanation, that there was a real risk that the evidence would be tampered with, and that, consequently, |
Bashir Velkhiyev | 62. On 14 January 2005 the Ministry of the Interior of Ingushetia drafted a report on the internal inquiry concerning the death of Mr Bashir Velkhiyev. The report incorporated the above statements of the officers of the Organised Crime Unit and concluded that Mr |
Ali Dzhaniyev’s | 25. After the criminal proceedings were opened, the first applicant was questioned on 27 January and 1 and 9 March 2010. The second applicant was questioned on 5 March and 26 April 2010. On 27 January and 5 March 2010, respectively, the first and second applicants were granted victim status in the proceedings. On 2 April 2010 the third applicant was granted victim status. On 15 April 2010 the investigator decided to grant victim status to |
Tengiz David Assanidze | 22. By Decree no. 1200 of 1 October 1999, the Georgian President granted the applicant a pardon suspending the remaining two years of his sentence.
The relevant provisions of the decree read as follows:
“... that [the following] shall be granted a pardon: 1. |
Adam Boltiyev | 23. The servicemen checked the Boltiyevs’ identity documents. Adam Boltiyev produced a certificate confirming that his passport was being exchanged. The servicemen decided to take him with them. The third applicant insisted on accompanying his son. Then the servicemen took |
Salambek Alapayev's | 25. On 30 June 2005 the Chechen department of the Federal Security Service (“the Chechen department of the FSB”) replied to the first applicant's request. The letter stated that they were undertaking unspecified measures to identify |
Murat Khakulov | 16. The applicants were furnished with death certificates in respect of their sons, indicating 13 October 2005 as the date of death in respect of both individuals and 23 January 2007 (in respect of Zamir Zalov) and 7 April 2008 ( |
Tassos Isaak | 36. The witness is a photographer who was present at the Dherynia checkpoint on 11 August and had taken photographs of the incident. In his statement of 29 August 1996 he claimed, inter alia, the following:
“...I then withdrew heading southwards towards our side and then saw the Turks from a distance of 40 metres chasing a Greek Cypriot wearing jean trousers and a white sweater. I approached within 20 metres and started to take photos of the incident. I approached within a distance of 20 metres because the lens I had on my camera at the moment could not take photographs from a long distance. I started taking photographs from the moment they chased him until the moment they stopped beating him and UN men took him away.
I took 16 photographs and another 4 while he was being taken by the UN man to the place the Greek Cypriots were.
From what I noticed, and this is shown also in the photographs I took, about 15 persons, most of whom wore civilian clothes and many wore the uniform of the pseudo-State, took part in the beating up and murder of the youth, who as I told you in my previous statement, was |
Özden Tönük | 98. The witness went on to say: “At the material time there had been a number of cases of disappearances and, as a prosecutor, I was very disturbed by this. On hearing the evidence of the witnesses, I realised that the information given by the police did not reflect the truth. I received no replies to the letters I sent to other police departments. I sent the documents from the investigation to the Principal Public Prosecutor, |
Shepetivka Prosecutor | 127. On 26 January 2007 the Kharkiv Human Rights Protection Group (“the KHRPG”) NGO wrote to the GPO, stating that it had become aware of the alleged beating of prisoners in Izyaslav Prison by masked special forces officers and requested an independent investigation without the involvement of the local prosecution authorities. The GPO forwarded this complaint to the Khmelnytskyy Regional Prosecutor’s Office, which, in turn, referred it to the Shepetivka (a town in the Khmelnytskyy Region) Prosecutor in charge of supervision of compliance with the law in penal institutions (“the |
Ahmet Korkmaz | 121. On 6 November 1995 the Bismil gendarmerie district command informed the Bismil public prosecutor that, in response to his request of 16 October 1995, Sergeant Ahmet Uyar had been sent to his office. In a statement of the same day to the Bismil public prosecutor, Ahmet Uyar declared, in his capacity as a person suspected of an offence, that he had no information about the incident and that he had not witnessed it. He had taken up his duties at the Bismil district gendarmerie eight days before the incident took place. The person who had served before him was Sergeant |
Mamed Zubirayev’s | 47. On an unspecified date the second applicant was questioned. He stated that at about 5.30 a.m. on 21 December 2004 six unknown armed men had entered his courtyard and started knocking at the entrance door of the house. Three of the armed men had gone to |
Andrey Lukanov | 8. At about 6.00 p.m. on 1 June 1999 the National Service for Combating Organised Crime (“Национална служба ‘Борба с организираната престъпност’”) of the Ministry of Internal Affairs was given orders to arrest the applicant in connection with information gathered by colonel B.B., a senior police officer in charge of investigating the assassination on 2 October 1996 of the former Prime Minister of the Republic of Bulgaria, Mr |
Khintibidze | 40. The first applicant further complained that, before depriving him and his family of their home, the Ministry should have proved its case in a court. However, the eviction had been carried out not only without a court decision but also without any written administrative act. In this connection, the first applicant alleged that the appellate court had arbitrarily disregarded section 7 § 3 of the IDPs Act which had been in force at the time of their eviction and explicitly prohibited the eviction of IDPs who were already settled, without due process and proper compensation. In support of his arguments, the first applicant referred to the Supreme Court's decision of 28 November 2001 in the similar case of |
Archil Jugheli Kobiashvili | 9. According to the official version of events, at around 5.20 p.m. on the same date, as the applicant was entering a billiards hall with two friends, two police officers waiting in a vehicle parked opposite the hall called to him. The applicant approached them. He was then searched, without the police having a judicial warrant for that purpose. The police report on the personal search, which was drawn up subsequently at the police department, stated:
“... given that there were sufficient grounds to suspect that the arrested person would try to destroy evidence (narcotic substance heroin) showing that he or she had committed a crime, a personal search of [ |
Mahmut Aktaş | 186. It was put to him that, despite his objections voiced to the Derik public prosecutor on 26 November 1990, he had told the Mardin Assize Court on 7 July 1993 that he had nothing to say about the autopsy report or the report of the Institute of Forensic Medicine. He explained that although the report of the Institute of Forensic Medicine had not satisfied him, as he had also pointed out to the Assize Court, according to the law there was no organisation above the Institute of Forensic Medicine. Furthermore, by that time three years had passed and his family had not wanted another autopsy carried out.
ii. |
Lecha Basayev | 14. Having spent eight or ten minutes in the applicants' house, prior to leaving, the servicemen ordered the applicants to stay inside: “We will be watching the house, so if you dare to go outside, we will shoot you”. After that the servicemen left with |
Michael Tekin | 10. By order of 7 August 2009, owing to his non-compliance with his conditions of discharge, the Public Prosecutor with the Charleroi Court of First Instance decided to return the applicants’ son to the psychiatric wing of Jamioulx Prison. |
Magomed Akhmadov | 133. On 12 February 2008 the first applicant wrote to the SRJI and said that on 1 February 2008 she and her husband and on 9 February 2008 she and her daughter had been questioned in respect of her son, Mr |
Sermet Ergun | 25. Later on the same day, the Çorlu Municipality informed the court that they were in possession of tax declarations in respect of the land in question, for the years of 1986, 1990, 1994 and 1998, which contained some of the addresses. It also attached to its letter copies of sixteen property tax declarations for the year 1986. According to these declarations, |
Christopher Edwards's | 36. By letter dated 15 December 2000, the Police Complaints Authority (PCA) provided the applicants with a report on their complaints about police conduct in dealing with Christopher Edwards and on the subsequent investigation into his death. The report upheld fifteen of the complaints and made a number of recommendations to Essex Police in relation to practice and procedure. It found, inter alia, a breach of the Code of Practice under PACE in that the police failed to summon a doctor to the police station when |
İrfan Ağdaş | 35. On 17 August 1996 A.B. and two persons who did not want to disclose their names gave statements to the applicant’s representative. A.B. stated as follows:
“I was sitting, together with my neighbours, on Gülistan Street where the incident occurred. I saw two plain-clothed persons who were running after a 16-17 years old boy. It was starting to get dark. It was around 7.00 p.m. [...] They were shooting at the boy from behind. There were approximately 15 meters [between the two men and the boy]. As a result of the shooting the boy fell on the ground. When he was falling he turned himself around and fell on his face. There were 10 meters between me and the boy. When I ran and bent down over him in order to take him to a hospital, one of the men said “Lady! Stay back!” They immediately took him by his hands and legs, put him on the back seat of their white car and drove away. During the chase I saw very clearly that the boy did not posses any weapon or anything like it. I also saw very clearly that the boy was shot in the back. When they were putting him in the car he was still alive. I learned afterwards that he died at the hospital. I learned from the press that his name was |
Movsar Khamzatov | 77. On 25 June 2007 the military prosecutor’s office granted the first applicant victim status. By the same decision it set aside the decision of 24 October 2001 by which the third applicant had been granted victim status in the proceedings concerning the death of |
Frangoulides | 15. However, 7,500 Cypriot pounds (CYP), plus 8 per cent interest as from the date that the action was lodged, was awarded in compensation for moral damage. The court pointed out that, as observed by the Supreme Court in the case of |
Isayeva Ofeliya Alik gizi | 17. On 22 October 2009 the Sabail District Court extended the applicant’s remand in custody by one month, until 24 November 2009. The judge reasoned the need for this extension by citing the possibility that she would abscond from or obstruct the investigation. The relevant part of the decision reads as follows:
“Taking into account the facts that the detention period of the accused |
Stepanakert | 49. On 16 June 2004 the third applicant’s new lawyer, A.A., filed a similar motion with the Military Prosecutor, challenging the impartiality of investigator A.H. and requesting that he be removed from the case on the ground that the investigator had, inter alia, ill-treated the third applicant in |
Apostolidis | 31. On 22 November 2002 the applicant lodged a fresh appeal with the Prosecutor at the Salonika Court of Appeal. On 29 November 2002 his appeal was dismissed as “factually unfounded” again. In particular, the prosecutor confirmed the conclusions of decision no 30/2002 without personally questioning the witnesses. The applicant's allegations of ill-treatment were considered to be false and the prosecutor concluded that there was no need to launch an in-depth judicial investigation into the incident. Lastly, the prosecutor confirmed the conclusions of the Prosecutor at the Court of First Instance as to the admissibility of the files which had been compiled by Police Officer |
Magomed Dokuyev | 16. The Government submitted that the Prosecutor General’s Office had established that on 14 February 2001 at approximately 6 a.m. unidentified armed persons wearing camouflage and masks and accompanied by armoured vehicles had taken the first applicant and his son, Mr |
Y. Kravchenko | 15. On 4 January 2001 the investigator at the General Prosecutor’s Office (“the GPO”) decided to initiate criminal proceedings against the applicant concerning allegations of defamation of the President of Ukraine, Mr L. Kuchma, as well as Mr V. Lytvyn and Mr |
Baymurzayev | 101. On 13 March 2004 the Georgian Government claimed that an investigation by the Ministry of the Interior had ascertained that the two applicants had disappeared on 16 February 2004 at 10.30 a.m. They had subsequently been arrested by the Russian authorities near the village of Larsi (Republic of North Ossetia) for crossing the border illegally. On 29 March 2004 the Russian Government alleged that the two applicants had been arrested in Larsi on 19 February 2004 by the Federal Security Service on the ground that they were on the list of wanted persons. At the time of his arrest, Mr Khashiev had been carrying a false passport in the name of Mulkoyev (see paragraph 88 above). On 20 February 2004 Mr Khashiev and Mr |
Melissa Panarello | 28. After 14 July 2005 the mother started to prevent the applicant’s contact with the children. On 11 August 2005 she also lodged a criminal complaint against the applicant for neglect and maltreatment of a minor. The criminal complaints related to an incident when the applicant allowed his daughter to read a book by |
the Mayor of Bucharest | 9. On an unknown date the applicant lodged an application with the administrative authorities for restitution in kind of the property under Law no. 10/2001 governing immovable property wrongfully seized by the State. Since she had not received any answer, she brought court proceedings against |
Hüseyin Kanat | 76. Mr Sünbül was born in 1970 and was a Gendarmes Non-commissioned Officer. At the material time he was Station Commander at the Şehitarif Sub-station which was attached to the Central District Station in Gaziantep. His superior was |
Zülfi Akkum | 149. In December 1995 the witness gave evidence before the Ankara Criminal Court. In his statement to that court, he confirmed that he had contacted the operating forces by radio after he had been asked by the muhtar of Kurşunlu, |
Michael Walston | 27. In November 1995 the Bank made a fresh application to the Court of Execution and Enforcement for the compulsory sale of the applicants' property in Vågsøy. The applicants objected and again challenged the first instance judge's eligibility to adjudicate their case and requested him to withdraw.
By decision of 25 June 1996, the judge rejected their request and granted the Bank's application. The judgment included the following reasons:
“The plaintiff has sent notice that a claim for enforcement will be made if the claim is not complied with. The said notice is in accordance with the requirements laid down in section 4-18 of the Enforcement Act (tvangsfullbyrdelsesloven). The application has been lawfully served on the defendants.
As explained above, the defendants have had objections to the application for forced sale. The court finds it appropriate to deal firstly with the objection concerning ability to sit.
The said objection is linked to the circumstance that the undersigned judge has been employed by [the Bank].
The employment relationship that has been invoked concerns the fact that the undersigned was employed as a lawyer in the Legal Department of [the Bank], Oslo, for a period from July 1984 to December 1986. During this period I had nothing to do with the loan commitment to Møyfrid and |
Apti Isigov | 27. They and their other relatives continued to search for the two missing men. On numerous occasions, both in person and in writing, they applied to prosecutors at various levels, to the Ministry of the Interior, to the administrative authorities in Chechnya, to the Special Envoy of the Russian President for Rights and Freedoms in the Chechen Republic, to the media and to public figures. In their letters to the authorities the applicants gave details of the detention of |
Rizvan Aziyev | 5. The applicants are:
1) Ms Khava Aziyeva, who was born in 1983,
2) Ms Aysha Aziyeva, who was born in 2008, and
3) Mr Abdurrakhman Aziyev, who was born in 2010.
They live in Grozny, the Chechen Republic. They are the relatives of Mr |
Abdel-Hay Yusuf | 26. The country assessment report on Sudan drawn up by the Netherlands Minister of Foreign Affairs in July 2015 reads in its relevant part:
“There is no specific statutory provision rendering genital mutilation of women (FGM) a criminal offence. The Criminal Code merely mentions in general terms the ban on ‘female circumcision’ without any further definition. The interpretation of this legislative provision is left to the judge. In practice, those who commit FGM are not prosecuted.
FGM in Sudan is still being carried out at a large scale. Girls are circumcised traditionally to prepare them for marriage, for religious reasons and – based on superstition – for ‘health reasons’. The most recent estimate of the percentage of circumcised women between 15-49 years old in Sudan is 89%. ... UNICEF and UNFPA [United Nations Population Fund] conduct large-scale campaigns to stop FGM. These campaigns have rendered circumcision a topic of debate. Discussions are being held within families and in the press and on social media even photographs are being shown. There is, however, also a strong influence of the pro-FGM lobby which presents it as the traditional values and norms being affected by the West. Sheikh |
Magomed Dzhabayev | 47. On 12 February 2002 M., an officer of the Khanty-Mansiysk police, was questioned. He submitted that since February to May 2000 he served as a doctor at the Oktyabrskiy VOVD, where he provided medical service to residents and persons placed in the temporary detention centre. He could not remember whether he had provided medical aid to Mr |
Antoni Nawratil | 51. On 4 December 2004 Mr Szewczyk formally requested the Chief Military Prosecutor’s Office to recognise the rights of Mr Janowiec and Mr Trybowski as relatives of the executed Polish officers and to provide them with copies of the procedural documents and also of personal documents relating to Mr |
Timur Khambulatov’s | 19. On 18 March 2004 the district prosecutor’s office ordered an autopsy on Timur Khambulatov’s body. Between 19 March and 26 April 2004 an expert from the Mozdok forensic assessment office carried out the autopsy. Its results were given in a six-page report, which described the circumstances of |
the Minister of Justice | 51. The applicant, his two co-defendants and Judge M. all lodged an appeal on points of law against that judgment. In his pleadings, the applicant relied, as his first ground of appeal, on Article 10 of the Convention and the immunity provided for in section 41 of the Freedom of the Press Act, arguing that this provision sought to safeguard defence rights and protected lawyers in respect of any oral or written comments made in the context of any type of judicial proceedings, in particular of a disciplinary nature. As his second ground of appeal, he relied on Article 10 of the Convention, asserting that: the impugned comments concerned a case that had been receiving media coverage for some time, involving the suspicious circumstances in which a French judge seconded to Djibouti had been found dead “from suicide” and the questionable manner in which the judicial investigation had been conducted, with a clear bias against the civil party’s theory of premeditated murder; having regard to the importance of the subject of general interest in the context of which the comments had been made, the Court of Appeal was not entitled to find that he had overstepped the bounds of his freedom of expression; the Court of Appeal had not examined his good faith in the light of the comments that had been published in Le Monde, but in relation to the content of the letter to |
the Minister of Justice | 16. The court held that with the first two articles, the applicants spread propaganda against the indivisibility of the State. As regards the third article, the court found that the article in question referred to |
Imad Al Husin | 25. On 5 June 2014 the State Court again upheld the Ministry of Security’s decision of 3 March 2014 (see paragraph 23 above). The court stated that on 21 May 2014 the National Security Agency had submitted classified evidence for the court’s review and “open” evidence for the applicant’s review. On 23 May 2014 the court heard the applicant and disclosed to him the open evidence, the relevant part of which reads as follows:
“ |
Musa Elmurzayev | 24. On 28 December 2002 the prosecutor's office of the Chechen Republic informed the second applicant that despite the suspension of the investigation in case no. 61105 the search for Apti Elmurzayev was under way.
(d) Abduction of |
J.H. Kenyon | 28. In this report, the experts submitted that they had compared the first edition of the plaintiff’s book, published in 1952, with a copy of Dr Spock’s book as originally published. In sum, the experts held that the plaintiff’s book was a popular health book, that it was not a word-for-word translation or citation from Dr Spock’s book, that in the first edition of his book the plaintiff referred at the end of his book to Dr Spock and |
Ilgar Mammadov | 76. In that judgment, delivered on 16 November 2017, after the Committee of Ministers had put Azerbaijan on formal notice in relation to the first Mammadov judgment (see paragraph 66 above), the Court first considered in detail the scope of its examination, stating:
“202. The scope of the [first] |
Nicolas Angelet | 29. In three almost identical judgments, the Federal Court dismissed the appeals, confining itself to verifying that the applicants’ names actually appeared on the lists drawn up by the Sanctions Committee and that the assets concerned belonged to them. The relevant parts of those judgments read as follows (unless otherwise stated, this is the text of the judgment concerning the first applicant):
“5.1 On 10 September 2002 Switzerland became a member of the United Nations and ratified the United Nations Charter of 26 June 1945 (the Charter; RS 0.120). Article 24, paragraph 1, of the Charter provides that, in order to ensure prompt and effective action by the United Nations, its members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf. Under Article 25 of the Charter, the members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the Charter. The binding nature of Security Council decisions concerning measures taken in accordance with Articles 39, 41 and 42 to maintain or restore international peace and security also stems from Article 48, paragraph 2, of the Charter, which provides that such decisions must be carried out by the members of the United Nations directly and through their action in the appropriate international agencies of which they are members. The mandatory effect of Security Council decisions is the basis for the similar effect of decisions taken by subsidiary organs such as the sanctions committees (see Eric Suy and |
Nicu Drăghici | 26. Later that day she had once again attempted to return to her home along with other Roma villagers. This time the applicant had found the road to her house entirely blocked by an even larger crowd of villagers, all of whom had been carrying clubs. Police officers had also been among the crowd. Among the enraged mob of villagers, the applicant had recognised Officer |
Moravia Ramsahai | 14. On the evening of Sunday 19 July 1998, during the “Kwakoe” festival in the Bijlmermeer district of Amsterdam (a celebration by the Surinamese immigrant community of the abolition of slavery in Suriname 135 years earlier), |
Sezgin Tanrıkulu | 27. The following day, 5 April 1994, the families of the two men applied to the Prosecutor in order to obtain information. The Prosecutor told them that Necati Aydın and Mehmet Ay had been released and that they had not been re-arrested. When |
Lilian Zahra | 19. On 30 April 1997 the Attorney General requested the re-opening of the inquiry in order to hear Mr Hecker and other witnesses, as well as the witnesses examined on 11 March 1997. With the exception of Mrs |
Tansu Çiller | 92. Susurluk was the scene of a road accident on 3 November 1996 involving a truck and a car. The four passengers in the car were Mr Sedat Bucak, a member of Parliament for the conservative True Path Party and close to |
Zarema Gaysanova | 71. On 22 July 2013 an operational-search officer from the criminal search division of Grozny OVD, Mr R.D., provided the investigators with an information statement on the operational-search steps taken in the criminal case. The relevant part reads as follows:
“... It has been established by operational-search measures that at about 3.30 p.m. on 31 October 2009 servicemen from the Argun OVD, the 8th company of the 2nd regiment of the traffic police and the head of the Argun town administration security service conducted a special operation, as a result of which an active member of illegal armed groups, Mr A.Kh., was found. He resisted arrest and [was] therefore eliminated ... It has also been established that in that household Mr A.Kh. had lived with his wife, |
Anzor Tangiyev | 77. On 10 March 2010 Mr Anzor Tangiyev’s mother was granted victim status in the criminal case and questioned. She stated that immediately after the abduction she had contacted the mother of Mr A.D., who had already searched for him. The mother of Mr A.D. had told her that Mr |
Nikolay Slivenko's | 28. The respondent Government have further produced a list dated 16 October 1995, which according to them had been sent to the Latvian Ministry of Foreign Affairs by the Russian consulate in Riga. According to the respondent Government, |
Adam Khurayev | 18. On 23 December 2002 the applicant complained in writing about her son's disappearance to a number of State authorities, including the district military commander's office, the district prosecutor's office and the ROVD. She stated that on 22 November 2002 she and her sons Arbi and Adam had gone to Urus-Martan to obtain her sons' identity documents. At about 10 p.m. on that day armed and masked members of law-enforcement authorities, wearing camouflage uniforms, had broken into the house at no. 14 Lomonosova Street and had abducted |
Islam Dubayev | 24. It appears that within the next few days the first applicant went to the temporary district department of the interior of the Urus-Martan district (the Urus-Martan VOVD) and to the prosecutor's office of the Urus-Martan district (the district prosecutor's office). The interim district prosecutor told the first applicant that |
Hüseyin Demirci | 160. On 12 December 1996 a meeting was held in the witness' office with the applicant, her daughter, Mr Hasan Peker Günal and Mr Mehmet Özdamar, who was then the chief of the forensic police. The meeting was held at the request of the applicant. The latter gave all relevant information to the participants about the impugned incident and complained that she had been receiving anonymous phone calls during which she had been threatened. She was advised to apply to the telecommunications department to have her line monitored. The applicant raised her suspicion about Mr |
Aslanbek Khamzayev | 36. On 18 May 2004 Ms Yu. was again questioned. She stated that on 25 July 2002 she and her sister Mrs R. Yu. had been travelling on a bus which had broken down near the dam. She had approached a crowd standing at the bus stop, where servicemen were carrying out identity checks. Her nephew |
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