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Balavdi Zhebrailov | 6. At about 12 midnight on 25 April 2005 a group of four men wearing uniforms and armed with assault rifles burst into the applicants’ property at 23 Pervomayskaya Street in Gekhi. Two of the intruders were wearing masks. The applicants inferred that the intruders were law-enforcement officers. The men ordered the applicants to lie down and grabbed hold of Mr |
Sandro Girgvliani | 84. On 9 March 2006, during a reconstruction at the scene of the crime, L.B.-dze said that the two men who had taken him out of the car and beaten him had stayed with him until the end. Some way off he could see |
Makarchykov | 18. On 14 October 1999, the Parishioners' Assembly examined the construction works at the site of the new church and decided not to make any changes to the statute until the works had been completed. It also heard complaints from Assembly members about Mr |
Andrei Ivanţoc | 4. The applicants, Andrei Ivanţoc, Tudor Popa, Eudochia Ivanţoc and Victor Petrov, are Moldovan nationals who were born in 1961, 1963, 1963 and 1988 respectively. Mr Ivanţoc is also a Romanian national. At the time of lodging their application, the first two applicants were detained in Tiraspol and Hlinaia respectively. |
Tom Vidar Rygh | 12. On 8 June 2000 the newspaper published as its main story an article written by Mr Wilhelmsen, which gave rise to the defamation proceedings brought against the applicants by Mr Rygh. On the front page there appeared an introduction to the article under the headline (all quotations below are translations from Norwegian):
“May be forced to sell”
and the sub-heading
“[H.K.] and |
Abdullah Öcalan | 7. When questioned on 6 December 2005, the applicant stated that on 17 August 2005 he had been the head of the DEHAP branch in Batman and that he had not praised the leader of the PKK in his speech. The applicant added that although |
Idris Gakiyev | 51. On 28 November 2005 the district prosecutor’s office informed the SRJI that criminal case no. 32027 was pending before them. They noted that the case had been instituted following the discovery of five corpses, including that of |
Bekkhan Bargayev | 13. According to the applicants, on 14 January 2001 Bekkhan Bargayev was washing the family car, a Zhiguli Vaz-2101, near a stream, about 300 metres from his home. At about 1.30 p.m. he saw APCs entering the village and started driving back towards home. An APC, driving at high speed, chased his car and smashed into it. Mr Bargayev was not hurt and climbed out of the car. The fifth applicant, who was at home, ran out because of the noise and the bursts of submachine-gun fire. She saw the servicemen beating her son with rifle butts and tried to intervene. The soldiers beat her, and she fell to the ground. |
Imran Inalkayev | 198. On an unspecified date in the beginning of February 2000 (in certain documents submitted the date was referred to as 2 February 2000) Mr Imran Inalkayev was going from the settlement (поселок) of Sleptsovskaya to the town of Urus-Martan in a regular local bus. At the checkpoint located at the crossroad next to the villages of Valerik, Shalazhi and Gekhi a group of armed military service personnel in camouflage uniforms stopped the bus to check the passengers’ identity. Having checked his documents, the service personnel detained Mr |
Kutlu Adalı | 77. Prior to the events in question, Mr Kutlu Adalı's writing led to his being prosecuted by the authorities on one occasion. On 15 August 1981 police officers searched their house because her husband had allegedly insulted President Denktaş in an article. The search warrant was signed by Emin Okur, a judge in Kyrenia. The authorities wanted to find out the identity of the author of the article “Minaredeki Deli” (the mad on the minaret) and whether it was |
Yakup Aktaş | 103. This master sergeant in the gendarmerie stated that he could not remember whether or not he had seen Yakup Aktaş, who had fallen ill in his cell on 25 November 1990 and had subsequently died in hospital. |
the Minister for Economic Affairs | 26. By a judgment of 8 December 1999, the Nantes Administrative Court decided to join the two sets of proceedings on the ground that they were connected and to dismiss the applicant and his wife’s appeals on the following grounds:
“With regard to the application ... concerning the offence of unlawful interference with the highway:
Regarding the State property proceedings
Firstly, it is not disputed that the land on which the dyke on which the house occupied by Mr and Mrs Depalle was built was entirely covered by water, independently of any exceptional meteorological circumstances, prior to the draining works undertaken in order to build the dyke. It has not been established, or even alleged by the applicants moreover, that the undrained portion of this land had ever been removed from the action of the tide. The investigation shows, moreover, that the dyke is the result of land draining carried out prior to the entry into force of the above-mentioned Act of 28 November 1963 [the Maritime Public Property Act] ... and that, notwithstanding the various authorisations of temporary occupancy granted by the authorities, as this was not done in the manner prescribed for concessions for the construction of a dyke it has not had the effect of bringing this part of the land thus removed from the action of the tide outside the category of maritime public property. In accordance with the principles of inalienability and imprescriptibility of public property, the submissions by Mr and Mrs Depalle to the effect that the house was built legally and its occupancy accepted by the authorities for a very long time and tolerated even after expiry of the last authorisation to occupy it do not alter the fact that the property falls within the category of maritime public property.
Secondly, as has been said, the last decision in favour of Mr and Mrs Depalle authorising temporary occupancy of the maritime public property expired on 31 December 1992. In the absence, since that date, of a lawful title of occupancy, the prefect of Morbihan is justified in requesting an order against the occupants to restore the site – if they have not already done so – to its original state prior to construction of the house on maritime public property. In disputing that obligation, the applicants cannot properly rely on the long period of occupancy of the premises or on the fact that the authorities have tolerated the continuation of that occupancy since 31 December 1992 and proposed draft occupancy agreements in order to regularise the situation, which, moreover, they have not taken up. ...
Fifthly, [the obligation to restore the site to its original state] does not constitute a measure prohibited by the requirement of Article 1 of Protocol No. 1 that no one shall be deprived of his possessions except in the public interest. ...
The application regarding the refusal to grant a concession to build a dyke
... Secondly, as section 27 of the above-mentioned Act of 3 January 1986 [the Coastal Areas Act] provides that draining works carried out prior to enactment of that Act shall continue to be governed by the previous legislation, the provisions codified under Article L. 64 of the Code of State Property according to which ‘the State may concede, on conditions it shall determine ... the right to build a dyke ...’ are applicable.
The prefect of Morbihan based his decision not to grant Mr and Mrs Depalle the requested concession to build a dyke on the guidelines set out in the circular of 3 January 1973 issued by |
Salman Abdulazizov’s | 37. On 1 April 2001 the district prosecutor’s office received a complaint by several Goyty villagers concerning Salman Abdulazizov’s arrest by officers of the Ministry of the Interior. As an inquiry conducted had not established any implication of law enforcement agencies in |
Nevzat Çiftçi | 116. On 6 June 2001 the prisoner/complainant H.E. was once again questioned pursuant to letters rogatory at Afyon Prison. He confirmed, in particular, that he had seen guns in the hands of İsmet Kavaklıoğlu and |
Veysel Ateş | 83. From 25 January until 9 a.m. on 26 January 2001 he was the duty officer and assisted non-commissioned officer Faruk Atalay. His duties were to monitor and record incidents and to supervise the activities of the soldiers. Sergeant |
T. Layijov’s | 21. On 22 December 2006 the Court of Appeal quashed the Zagatala District Court’s judgment of 22 July 2005 in the part relating to the charges under Articles 234.2 and 228.4 of the Criminal Code and terminated the corresponding part of the criminal proceedings. The court held that the evidence concerning the charge under Article 234.2 of the Criminal Code had been obtained in breach of the relevant procedural requirements and failed to prove the applicant’s guilt. In particular, N.V. and H.M.’s statements were inconsistent and had been drafted by the investigator. The court also noted that the testimony of N.V. and H.M. at the hearings before the Court of Appeal had differed from their statements. The court further noted that the evidence in connection with the charge under Article 228.4 of the Criminal Code, namely the knife found in the applicant’s car, did not qualify as a weapon for the purposes of that provision. The court also found that the applicant had actually been arrested on 17 March 2005 and for a day had been unlawfully detained in police custody. As to his allegation of ill-treatment, the court noted that he had been ill-treated by the police during his arrest and in police custody, as certified by the forensic report of 20 March 2005. The relevant part of the judgment reads as follows:
“It was established following the investigation carried out by the panel of the court that during |
Zakshevskiy | 25. On 11 November 2001 Mr Zakshevskiy surrendered himself to the police and provided statements to the effect that the second applicant and A.B. had told him in 2000 that they had committed the Donetsk murder and that he had also learned at the time that the first applicant and A.B. had committed the Luhansk murder. He also described the two attacks in Toretsk, the attacks on the shoe sellers near Kharkiv, and the Crimea attack (Episodes 3, 6 and 7). He repeated those statements the next day (see |
Lecha Basayev | 22. Some time later the applicants' fellow villager, who worked at the material time for the local police and whose name the applicants did not disclose, told the applicants that in the morning of 6 July 2002 he had seen |
Komljenovićsʼ | 11. Under the new settlement plan (see paragraph 16 below) the Đurićsʼ case was scheduled for enforcement in 2014; the Bošnjaksʼ in 2019; the Bojanićsʼ and Ms Banjacʼs in 2030; the Čolićsʼ in 2024; Mr Lazarevićʼs in 2026; and the |
Margoshvili | 120. By virtue of the authorities to act submitted on 9 October 2002, the six non-extradited applicants were represented before the Court by Ms Mukhashavria and Ms Dzamukashvili. On the basis of the authorities to act dated 4 August 2003, those applicants, with the exception of Mr |
Yevgeniy Geppa | 40. On 29 July 2005 the administrative officer of the hospital of the Penitentiary Department in Kursk wrote an explanatory note for the investigation file. He stated that during his in-patient treatment at the hospital |
Faik Akdeniz | 14. One of the soldiers then read out a list of names of six male villagers: Halit Akdeniz (35 years old), İrfan Akdeniz (18 years old), Mehmet Şirin Allahverdi (35 years old), Ziya Çiçek (22 years old), |
Visadi Shokkarov’s | 44. On 28 March 2003 the Nadterechniy prosecutor’s office terminated the criminal investigation in case no. 65034 in respect of Visadi Shokkarov on account of his death.
(b) Official investigation into |
S.V. Yunoshev | 69. In handwritten statements dated 27 January 2008 one S.V Yunoshev and one M.Yu. Kondratyev, who had served their sentences along with the applicant in IK-26, confirmed the applicant’s description of the cells in IZ‑63/1, including the fact that they had been equipped with two-tier bunk beds, and the overcrowding in all of the cells in which he had been detained. Mr |
Svetlana Sisojeva | 43. On 15 November 2005 the applicants applied to the Directorate to have their stay regularised on the basis they had requested initially, that is, for the first applicant to be granted the status of “permanently resident non‑citizen” and for the other two applicants to be issued with permanent residence permits. The Directorate replied on the following day, 16 November 2005. After outlining the background to the case before the domestic courts and in Strasbourg, the Directorate went on:
“ ... On 11 December 2003 you stated that you would not consider the Directorate’s proposals until after the European Court of Human Rights had delivered its judgment.
In accordance with ... the Status of Stateless Persons Act ... in force at the time, an order was given for |
Robert Roemen’s | 17. On 19 October 1998 the investigating judge issued two warrants for searches to be made of the first applicant’s home and workplace, the investigators being instructed to “search for and seize all objects, documents, effects and/or other items that [might] assist in establishing the truth with respect to the above offences or whose use [might] impede progress in the investigation”. The first order specified that the places to be searched were “ |
Richard Giragosian | 65. In its report “Nagorno-Karabakh: Viewing the Conflict from the Ground” of 14 September 2005, the International Crisis Group (ICG) stated the following regarding the armed forces in the “NKR” (pp. 9-10).
“[Nagorno-Karabakh] may be the world’s most militarized society. The highly trained and equipped Nagorno-Karabakh Defence Army is primarily a ground force, for which Armenia provides much of the backbone. A Nagorno-Karabakh official told Crisis Group it has some 20,000 soldiers, while an independent expert [U.S. military analyst |
Michael Tekin’s | 31. Later on the same day R. was questioned again, and he added the following statement:
“I would point out that during my explanation of the reasons for the [special security] measures I noticed the expression in |
Kalaitsidis | 21. As regards the alleged ill-treatment on the premises of the police station, the report observed, among other things, that “the violent behaviour of the police officers transpired from the testimonies of the persons who had provoked the illegal acts. Even if these testimonies could not be rejected as such, their accuracy and objectivity could not be taken for granted. Testimonies such as those made by |
Hüseyin Başbilen | 36. On 22 February 2011 H.A., the psychiatrist who had been treating Mr Hüseyin Başbilen for depression, made a statement to the Ankara public prosecutor. He contended that he had diagnosed the deceased with serious depression and had prescribed medication for his health issues. The psychiatrist considered that the deceased had not had suicidal tendencies. He noted that had he considered |
Minister of the Interior | 18. During the beating the applicant lost consciousness several times. He told the officers that he had a gastric ulcer and pleaded with them not to hit him in the stomach. After that the policemen intentionally tried to hit him there. The head of the criminal search division, officer A. Bo., also participated in the ill-treatment of the second applicant. When the applicant told him that he would complain about the ill-treatment to the authorities, the latter responded: “You are a Chechen. I can kill you right now and nothing will happen to me. My uncle is the Republican |
Toğay Gültekin | 7. On 17 March 2004 Toğay Gültekin was examined by a doctor at his regiment and the doctor decided to refer him to a hospital specialising in infectious diseases. On 22 March 2004 a doctor who examined him at his regiment’s infirmary referred him to Trakya University Hospital (“The University Hospital”) for suspected hepatitis or meningoencephalitis. The following day |
D. Margiani | 67. This part of the application concerns the applicants V. Marikyani and S. Barsegyani (listed in the appendix as nos. 11 and 12, case no. 26), K. Korchilava (no.71, case no. 27), A. Turkia and T. Galdava (nos. 94 and 95, case no. 28), |
Artur Bersunkayev | 48. On 9 August 2004 the Urus-Martan prosecutor’s office refused the applicant’s request, having stated that under national law she was only entitled to read the case file after the termination of the preliminary investigation, and that at present the investigation into the abduction of |
Mehmet Ağırman | 12. The gendarmes drew a sketch map of the crime scene and drafted an incident report addressed to the Midyat public prosecutor. It was stated in the report that a group of terrorists wearing military uniforms stopped a minibus and a truck near the hamlet of Kuyubaşı attached to the village of Çalpınar. They killed six villagers, namely Hasan Akay, İsmet Acar, |
Akhmed Shaipov’s | 16. In quest of Akhmed Shaipov, the applicants contacted, both in person and in writing, various official bodies, such as the military commander of the Urus-Martan District, the Urus-Martan district department of the interior, the Special Envoy of the Russian President in the Chechen Republic for Rights and Freedoms and the prosecutors’ offices at different levels. In their complaints they constantly referred to the circumstances of |
Gurkan Simpil | 85. The court found that on 23 July 1993 a clash took place between the PKK and the defendant village guards. The terrorists escaped towards Ormandışı, where the victims lived. The village guard defendants went into the village in pursuit. The Court summarised the evidence as follows.
|
Timur Beksultanov | 55. On 19 February 2005 the district prosecutor’s office suspended the investigation in case no. 44050, owing to its failure to find Timur Beksultanov. By the same decision the district prosecutor’s office instructed the ROVD to continue carrying out operational and search measures aimed at locating |
Petri Pihoni | 39. On 13 May 2013 the district prosecutor, by a reasoned decision, decided to stay the investigation in accordance with Article 326 of the CCP, and referred the case file to the ICS for further actions to identify the perpetrators. The decision described all the evidence that had been obtained, as well as the statements that had been given by the applicant and the other people who had either been involved in or had witnessed the brawl on 6 August 2012. In so far as relevant, the decision stated the following:
“J.K. gave information about the event, stating that |
Marat Khuzhin | 58. The applicants and Mrs Khuzhina appealed. They complained, in particular, of a breach of the principle of equality of arms. Mrs Khuzhina additionally pointed out that she had not been the representative of either Damir or |
Abdülkerim Yolur | 77. According to the witness, the school where everyone was grouped was ten metres away from the hamlet. He could see the fires burning in the hamlet. The villagers' identity documents were taken by the soldiers and six of them (himself, |
Khasan Batayev | 89. The Government did not dispute the information provided by the applicants as regards most of the starting dates of the investigation into the applicants' relatives' abduction by “unidentified men in camouflage uniforms” on 18 September 2000. The Government submitted that the investigation had started with the opening of case no. 12199 in respect of |
Süleyman Can | 130. He did not know Serdar Tanış and Ebubekir Deniz and had never met them. He was informed of the incident at about 5 p.m. on 25 January 2001 by Mr İdris Tanış. He contacted the commanding officer of the Silopi gendarmerie on the telephone and asked his replacement to make enquiries of all the gendarmerie posts. |
“Jana Charvátová” | 16. According to the applicant, the chronology of the examination of “Jana Charvátová” was as follows: the witness was asked about Hasan Krasniki and therefore she started to speak about a person called Hasan first. She described him and, after that, she was shown the photograph album and then incidentally mentioned that she knew most of the persons shown in the photographs including the applicant. The official record of the interview stated that |
Robert McConnell | 18. John Weir's statement made detailed allegations about security force collusion with loyalist paramilitaries in a series of incidents. He alleged inter alia that RUC Reserve Constable Laurence McClure had told him that the murder of the Reavey family members was carried out by |
Ramzan Rasayev | 27. On 25 December 2002 the first applicant was granted victim status in the criminal proceedings concerning the abduction of his brother. The decision of the Grozny District Prosecutor’s Office contained the following statement:
“From 24 to 26 December 2001 the military units of the Ministry of Defence, the Ministry of the Interior and the FSB carried out a special operation in Chechen-Aul of the Grozny District, Chechnya, to locate members of illegal armed groups and check passports. During the operation the servicemen detained Mr |
Fatma Deniz Polattaş | 10. The applicants allege that they were subjected to ill-treatment while in police custody. In particular, Nazime Ceren Salmanoğlu was blindfolded, forced to stand for a long time, and deprived of food, water and sleep. She was also insulted and threatened with death and the torture of other members of her family. She was sexually harassed and beaten. |
Ramazan Hoca | 387. On 23 November 1993 he went with a team of six or so people, accompanied by the team responsible for external security, to Mr Elçi's business premises. The people in that team included Ali Kara and perhaps |
Nermin Karabulut | 12. According to the autopsy report drawn up the same day, Nermin Karabulut had died as a result of internal bleeding caused by a single bullet which had entered from the back at the level of the eleventh left rib and exited at the front at the level of the ninth rib. The prosecutor who was present during the autopsy observed that the hand grenade which was allegedly found on |
Artur Bersunkayev | 11. The men did not introduce themselves or produce any documents to authorise their actions. They locked Mrs Tsugayeva in one of the rooms and ordered the applicant’s brother-in-law and her son to lie down. The men hit Ayndi and |
Bogdanchikov | 36. The Government submitted a written statement dated 16 August 2005 made by officer K. of Khamovniki police station to an officer of the Internal Security Department of the Ministry of the Interior. The statement, in its relevant parts, reads:
“... I was on duty on the night of 2 March 2001... That night I joined the car patrol team including officers G. and M...
At around midnight we drove past house no. 48 on Komsomolskiy Avenue. The house had an archway. G. told us that three persons were leaving through the archway and that we should check their identity...
Our car stopped and the persons also stopped. Subsequently, I learnt that they were Mr Denisenko [the first applicant], Mr |
Abdurakhman Abdurakhmanov | 38. From the documents submitted it follows that on 12 August 2010 the head of Police Station no. 1 in Makhachkala sent the investigators letter no. 2/4298, stating that on 25 July 2010 four of their police officers, M.D., D.M., M.Z. and M.A., following the order of the Russian FSB no.6/3‑3726 of 16 June 2010 given as part of the investigation of criminal case no. 171822, had arrived at the house of the judge of the Leninskiy district of Makhachkala Mr Sh.A. to establish the whereabouts of his son Mr |
Sergeant H.M. | 34. At approximately 4.45 a.m. on 13 December 2000 Sub-inspector Ü.Ö., accompanied by police sergeants R.Ö. and H.M., took their positions in the vicinity of the drop-off point to wait in ambush. At around 6.05 a.m., before daybreak, they saw someone approaching on foot from the direction of the SBA, approximately seventy metres to the west of the Pergamos checkpoint. It was believed that this person, who was later identified as the first applicant, had crossed the ditch which ran along the boundary between the “TRNC” and the SBA and which was filled with rainwater at the relevant time, and then jumped over the wire fence between boundary stones nos. 96 and 97, where parts of the fence had shrunk. As the first applicant was walking towards an olive tree in the designated area, Sub-inspector Ü.Ö. came out of his hiding place and ordered him to stop, in Turkish. Upon hearing that order, the first applicant started to run back towards the SBA; however, the two police sergeants caught up with him and seized him after a struggle, during which the applicant fell to the ground. The sub-inspector then grabbed the package that the first applicant was holding in his hands, which was wrapped in a black plastic bag. In the meantime, |
Mulat Barshigov | 14. According to the applicants, at 2 a.m. on 14 November 2002 five or six men armed with sub-machine guns broke into their house. The intruders, who were wearing camouflage uniforms and masks, arrived in APCs (armoured personnel carriers) and UAZ vehicles. One of them, who was unmasked, was of Slavic appearance. The men, who spoke unaccented Russian, bound and gagged the first, second, third and fourth applicants, then beat |
Isa Aygumov’s | 10. Meanwhile other servicemen quickly searched the applicants’ house. They did not explain their actions; they neither identified themselves nor produced any documents. They ordered the family members to stay quiet. As a result of the search they took |
Couider Achour-Aoul | 17. In a judgment of 25 November 1997, the Lyons Court of Appeal increased the applicant’s sentence to twelve years’ imprisonment and upheld the exclusion order. It observed, among other things:
“By Article 132-9 of the Criminal Code, a person is deemed to be a recidivist when, having already been convicted with final effect of an offence punishable by ten years’ imprisonment, he or she commits a further offence carrying a similar sentence within ten years of the expiry of the limitation period for enforcing the previous sentence.
That was so in the case of |
Isa Kaplanov | 42. According to the applicant, at some point she had found out that in 2003 the investigator in charge had gone to Yekaterinburg and interrogated T. and M., who had allegedly confirmed that they had arrested |
Magomed Cherkasov | 233. On 10 February 2009 the sixth applicant was questioned. The relevant part of her statement reads as follows:
“...At about 5 p.m. my son [Ayub Istamulov], who was born in 1981, together with his friend [ |
Ali Musayev | 53. On 23 December 2003 and 21 May 2004 the District Court delivered two similar judgments. It established that on 8 August 2000 in the house of the Musayev family in the village of Gekhi, Urus-Martan District, a member of an illegal armed group had been found and killed, as he had shown armed resistance. The applicants' sons, |
Anzor Taymeskhanov's | 51. Movlatkhan Bokova further testified that she had washed Lidiya Khashiyeva's body before burial, and had seen numerous (about 20) stab and gunshot wounds on her body. Her left arm was broken and front teeth were missing. She further testified that |
Sariye Yılmaz | 35. By a letter dated 5 October 1999, the public prosecutor at the Diyarbakır State Security Court requested the Lice Public Prosecutor to conduct an investigation in order to identify the officials who had failed to carry out an autopsy on |
Magomed Uvaysovich Dzhabayev | 14. On an unspecified date the applicant obtained the following certificate signed by investigator G. of the Grozny Prosecutor’s Office, which was neither on a letterhead nor dated:
“On 10 March 2000 officers of the Oktyabrskiy VOVD of Grozny and servicemen of the Federal Forces, during a “sweeping” operation [зачистка], apprehended [Mr T.] and |
Asradiy Estamirov | 70. On 14 May 2002 the Presnenskiy District Court of Moscow rejected her claim. The decision stated that as the criminal investigation into the killing had not yet been completed and the perpetrators had not been prosecuted, the applicant’s allegations that |
Said-Magamed Tovsultanov | 37. On 12 July 2005 the investigators questioned Ms L.Kh., a neighbour of S.-M. Tovsultanov, who stated that on 13 June 2004 she had been at home when at about 1 p.m. a Chechen woman had arrived at her house looking for the relatives of |
Ilich Ramirez Sanchez | 56. On 28 March 2001 a doctor from the Cochin Hospital practising in La Santé Prison issued the following certificate:
“I, the undersigned, ... state that the doctors from the medical service at Paris La Santé Prison are not qualified to judge whether the physical and mental condition of the prisoner |
Caroline von Hannover | 72. The Resolution of the Committee of Ministers (CM/ResDH(2007)124), including the Appendix (extracts), adopted on 31 October 2007 at the 1007th meeting of the Ministers’ Deputies, is worded as follows:
“The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter ‘the Convention’ and ‘the Court’);
Having regard to the judgments transmitted by the Court to the Committee once they had become final;
Recalling that the violation of the Convention found by the Court in this case concerns a breach of the right to respect for private life of the applicant, Princess |
Rasul Guliyev | 17. On 20 and 21 October 2005 the official newspapers and other mass media published two press releases with the headline “Special Statement of the Prosecutor General's Office, the Ministry of National Security and the Ministry of Internal Affairs of the Republic of Azerbaijan”. These press releases officially informed the public about the arrest and indictment of a number of well-known current and former State officials and provided a summary of the evidence gathered in respect of their alleged plans for the “forcible capture of power” during the election period, “under the guise of an appeal for democratic changes in the political situation in the country”. The evidence mainly consisted of the testimony of one of the arrested persons concerning secret meetings between them and their sources of financing, as well as large amounts of cash and other valuables found in the homes of some of them. Additionally, some of the arrested persons were suspected of embezzlement of public funds and abuse of authority. Specifically, the press releases mentioned the names of the applicant, the former Parliament Speaker |
Yakup Aktaş's | 37. The questioning of Yakup Aktaş by the two gendarme officers who were subsequently prosecuted had come to an end on 23 November 1990, that is two days before Yakup Aktaş's death. Yakup Aktaş had shown no signs of illness or pain in the period between 18 and 23 November 1990, either during questioning or between sessions. Had he done so, the regiment's doctor would have been available. |
Kristoffer Olsen | 11. After a number of communications between the parties and the City Court in December 1995, on 10 January 1996 Mr Engelschiøn asked the City Court to adjourn the case pending the final outcome of separate compensation proceedings brought by the first applicant against Falkefjell Ltd. and Mr |
Visadi Samrailov | 24. On 25 October 2004 the investigators questioned Ms Ya.Ya., who stated that in 2000 she had worked at the Leninskiy district military commander’s office and that on an unspecified date in August 2000 she had seen, on the premises, Mr |
Roman Bersnukayev | 16. Also on 17 March 2000 the investigator of the Urus-Martan FSB department issued two decisions certifying the intention of the authorities not to institute criminal proceedings against Islam Dubayev and |
Apti Zaynalov | 59. On 1 April 2010 the Investigative Committee suspended the investigation. It was stated in the decision that between 28 June and 7 July 2009 Mr Apti Zaynalov had been anonymously treated in Achkhoy-Martan Hospital under the guard of armed men. The latter, having learned that Mr |
Yunus Abdurazakov | 73. The head of the North-Caucasus Group of the Internal Troops of the Russian Ministry of the Interior and the deputy head of the temporary group of the Russian Ministry of the Interior sent the investigators letters on 17 March and 6 September 2002, respectively. They stated that on 15 March 2001 special operations had been carried out in Duba-Yurt, but |
Visadi Shokkarov’s | 30. On 31 March 2003 the first applicant requested the Sunzhenskiy district prosecutor’s office (“the Sunzhenskiy prosecutor’s office”) and the Chechnya prosecutor’s office to conduct an investigation into |
Özgür Gündem | 91. Before the Court the applicant referred to the so-called Susurluk incident and the domestic reports that have been produced in relation to this incident. These reports have been made available to the Court in a number of other cases brought against Turkey (cf. Yaşa v. Turkey judgment of 2 September 1998, Reports of Judgments and Decisions, 1998-VI, Tanrıkulu v. Turkey [GC], no. 23763/94, ECHR 1999‑IV, |
Ramazan Kutlu | 50. This report was drawn up and signed by eight doctors, each a specialist in different areas of medicine. They based their opinions on the reports referred to above and on the photographs of the body which had been taken during the autopsy (see paragraph 40 above). The doctors also had regard to two statements taken from |
Beslan Baysultanov’s | 40. The second applicant and Sh.D. were interviewed as witnesses on 25 June and 2 July 2001. They submitted, among other things, that at about 3.30 a.m. on 7 May 2000 a group of masked, camouflaged and armed men had burst into their house, shouting “Police! Lie down!” One of the intruders had not been wearing a mask. The intruders had ordered the men to produce their identity papers but had only taken |
Khaled El-Masri | 52. In the course of the periodic review of the respondent State’s compliance with the International Covenant on Civil and Political Rights conducted by the United Nations Human Rights Committee during its March to April 2008 session, the latter “noted the investigation undertaken by the State Party and its denial of any involvement in the [applicant’s] rendition notwithstanding the highly detailed allegations as well as the concerns [raised by the Marty and Fava Inquiries]”. The United Nations Human Rights Committee made the following recommendation:
“14. ... the State Party should consider undertaking a new and comprehensive investigation of the allegations made by Mr |
Michal Kováč junior | 12. On 3 March 1998 Mr V. Mečiar, the Prime Minister, who at the time, under Article 105 § 1 of the Constitution, exercised several powers entrusted to the President of the Slovak Republic, delivered a decision on amnesty (rozhodnutie o amnestii), the relevant parts of which read:
“The Prime Minister of the Slovak Republic, in the exercise of his powers under Article 105 § 1 and Article 102(i) of the Constitution of the Slovak Republic, on the occasion of the fifth anniversary of the establishment of the Slovak Republic, gives the following decision on amnesty as a contribution to reaching civic reconciliation and in the interest of eliminating possible sources of tension in society: ...
Article VI
I order that criminal proceedings should not be started and, if they have already been started, should be discontinued in respect of criminal offences committed in the context of the notification of the abduction of |
the Special Adviser to the Chief of Mission | 139. The applicants submitted as evidence an affidavit made by Mr J.C. before a notary public in Dublin, Ireland, on 10 December 2001. The relevant parts of his affidavit read as follows:
“On the morning of Sunday 3.12.2000 at approximately 9.30 a.m., I received a telephone call whilst in my apartment within the UN compound in the UN Headquarters in Nicosia. The telephone call ... was from Mr M.İ. Mr M.İ. wanted to meet the Chief of Mission of UNFICYP. He did not tell me the reason ... I was unable to contact the Chief of Mission. Mr M.İ. then wished to speak to |
Abdullah Öcalan | 7. In their interviews published on 29 April 2004 in the two articles cited above, the applicants commented on the following issues: the difficulties they encountered in getting to İmralı island, where |
Mustafa Candal | 115. On 29 September 1995 Sergeant İlhan Yücel, the Bismil central gendarmerie commander, informed the Bismil gendarmerie district command that Harun Acar did not live in Ambar, that he was currently serving in an anti-terrorism unit and that his current address could be obtained from the Derik and Mazıdağı gendarmerie district commands. Sergeant Yücel appended to his letter an undated report, signed by the gendarmerie officers |
Amir Pokayev | 22. On 12 March 2002 the third applicant talked to another resident of Stariye Atagi, Mr R. D., who had been detained on 10 March 2002 and then released. The latter told the third applicant that he had been kept in the basement of the mill and had seen a note scratched on the ceiling to the effect that Mr |
Alvi Bugayev | 8. On 12 January 2002 a prosecutor of the Urus-Martan district, Mr K., informed the applicant that Mr Alvi Bugayev was to be released on the same day. The applicant, Mr Alvi Bugayev’s wife and their children spent the entire day at the entrance to the VOVD awaiting his release. In the evening, Mr |
Tashtemirov | 32. The Ivanovo prosecutor's office carried out an inquiry and established that none of the applicants, except Mr Kasimhujayev, had left Russia in May 2005. Mr Kasimhujayev had been in Andijan from 10 to 25 May 2005. Mr |
Gordana Getoš-Magdić | 54. In an appeal of 14 February 2008 the applicant reiterated her arguments from her previous request for the custodial measure imposed on her to be lifted. On 22 February 2008 the Supreme Court dismissed the applicant's appeal. It reiterated its previous conclusions as to the gravity of the offence and the particularly serious circumstances in which the offence was committed, and further held as follows:
“The acts of the defendants as described above show a high degree of ruthlessness, brutality and cruelty towards civilians, which resulted in the grave consequence of the killing of these persons. Therefore, this appellate court finds that such acts by the defendants went significantly beyond the usual acts and consequences of such offences and, in their intensity and nature, show that the offence was committed in particularly serious circumstances, such that detention under Article 102 § 1(4) of the CCP remains necessary.
The arguments of the defendant |
Abdullah Öcalan | 8. On 6 October 2005 the Cizre public prosecutor filed a bill of indictment with the Cizre Criminal Court against the applicant and four others. The applicant was charged with disseminating propaganda in favour of a criminal organisation and its goals, proscribed by Article 220 § 8 of the Criminal Code, on account of his speech on 5 September 2005. The public prosecutor submitted that the following passages in the speech constituted propaganda in favour of an illegal organisation:
“... We want peace in this country. Those who wish for war prevent us from having peace. As you know, Mr |
Ruslan Taymuskhanov's | 50. Two police officers were questioned as witnesses in October 2005. They stated that a special operation had been carried out in Starye Atagi in December 2002 by the task force unit and that they had heard about |
Natsvlishvili | 38. According to that statement, after having been told by her parents that pressure was being brought to bear on them, in September 2004 Ms Natsvlishvili, who was a student at the Central European University in Budapest at the time, decided to approach an acquaintance of hers who was working at the GPO, Ms T.B. Subsequently, Ms |
Nezihe Matyar | 36. At the time of the incident, he was staying with his father, the applicant, in Basoğ hamlet. A clash broke out between the PKK and village guards. Two village guards were wounded. After that the guards set Ormandışı alight and came to their hamlet. When he saw them coming, he was scared and drove off on the tractor. He told three others in the fields and they got on their tractors too. As they crossed a stream, a helicopter opened fire on them. They got off their tractors and put their hands on their heads. The helicopter descended to a few metres above their heads, looked at them and then flew away. He got on his tractor and went on to Batikan village. Looking back from there, he could see that the house and fields had been burned. After a day and a night he returned. The house was a ruin, part of it burned and shot up. The tractor and trailer were burned, shot up and unusable. Harvested crops had been burned and a diesel tank, two barrels of diesel, a motor pump, and water pipes had been shot up and were unusable.
Statement by |
Ismail Khan | 32. The Minister went on to hold that the first applicant had not attracted the particular attention of any groups or individuals in the period prior to the coming to power of the Taliban. The Minister underlined in this regard that, after the fall of the PDPA regime, the first applicant had easily obtained a job in the local police headquarters for the mujahideen governor of Herat, |
Sharpudi Visaitov | 47. The military then ordered four of the applicants’ sons, including Sharpudi Visaitov, to go into the courtyard. They were not permitted to dress or to put on their shoes. After a while Sharpudi’s three brothers were released and returned to the house one by one. The servicemen left after about thirty minutes and took |
Süleyman Acar’s | 44. On 7 September 1993 the Denizli Assize Court requested the Forensic Medicine Institute in Istanbul to examine whether or not the 66 empty cartridges found at the scene of the crime and the bullets removed from the applicant Reşit Acar and from the body of Sabri Acar had been fired from the weapons of the village guards. The court further requested that |
Zülfi Akkum | 97. It further appears from the judgment of the Military Court that Major Ersan Topaloğlu was also questioned during the trial. His testimony was not made available to the Commission or to the Court, but according to the summary contained in the judgment, Major Topaloğlu stated that he had been informed by |
Valid Gerasiyev | 28. On 12 December 2001 the prosecutor’s office of the Achkhoy‑Martanovskiy District (“the district prosecutor’s office”) set aside the decision of 14 November 2001 and launched a criminal investigation into the disappearance of |
Nikolaos Leonidis | 9. G.A. ran after Nikolaos Leonidis. As he approached him, Nikolaos Leonidis put his hand inside his jacket. Suspecting that the latter might take out a weapon, G.A pulled out his own service revolver, a 357 magnum Smith and Wesson, which had no safety catch and was loaded. Holding the revolver in his right hand, with his finger on the trigger, he ordered |
Mustafa Sayğı | 20. Mustafa Sayğı’s brother Mehmet Sayğı told prosecutor M.A. that he had no doubts whatsoever that the items discovered during the excavation belonged to his brother. He said that he recognised the motorbike and the axe which had been given to |
Moul Usumov | 175. On 20 June 2004 the military prosecutor’s office of the North Caucasus military command informed the applicants of the following:
“During the investigation of criminal case no. 14/00/0020-01D ..., it has been established that Mr |
Dzhabrail Bitiyev | 46. Akhmadi I. testified that that when the minibus was driving along Melnichnaya Street, nearing the crossroads with Ordzhonikidze Street, he saw a fireball flying towards the vehicle from the sky. At that moment |
Kazbek Vakhayev | 59. On 11 February 2007 Mr A.E. was questioned. He submitted that at the beginning of August 2000 he had been detained by officers of the Urus‑Martan VOVD because he had had no identity documents. He had been held for three days in cell no. 4 with his acquaintances Mr G. and |
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