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Adam Dedishov | 27. Mr Lechi Temirkhanov was born in 1980. On 21 May 2002 a group of armed servicemen abducted him from his uncle’s house at 1 Moskovskaya Street.
(h) Abduction of Mr Apti Dedishov, Mr Abu Dedishov and Mr |
Ramzan Elmurzayev | 18. The first applicant, his relatives and neighbours started to take the bodies inside the yards. A group of soldiers were still standing at the intersection of Voronezhskaya Street and Khoperskaya Street, and one of them fired a single shot which wounded |
Ayndi Dzhabayev | 38. On 18 September 2002 the first applicant managed for the first time to meet investigator L. He showed her a plan of her neighbours’ house at 28 Krasnoarmeyskaya Street and asked in which room her husband had been detained. The first applicant realised that the investigator had information that |
Muslim Nenkayev | 49. On 15 September 2003 the prosecutor’s office of the Chechen Republic notified the first applicant that the investigation had been resumed on 12 September 2003 and that investigative measures were being taken to find |
Magomed Umarov | 11. Magomed Umarov slept in an extension to the house located in the same courtyard. He rushed out into the courtyard, screaming “Why are you beating him?” According to the applicant, the men seized him, beat him and threw him into the Ural truck in which they had arrived. The vehicle had no registration plates. The men then left. |
Gilani Aliyev’s | 198. On 26 August 2003 the investigators ordered the police to carry out operative search measures, such as identifying eyewitnesses and the perpetrators of the crime. They also sent information requests concerning |
Taymeskhanov | 54. An examination of the bodies of Khamid Khashiyev and Rizvan Taymeskhanov was conducted by an investigator from the Malgobek Town Prosecutor's Office in the municipal morgue on 10 February 2000. The bodies were frozen, and the examination was conducted without removing the clothes. On 14 February 2000 two forensic reports were prepared by a forensic expert, based on the investigator's descriptions and without examining the bodies. The report stated that Khashiyev's body had eight gunshot wounds and that his death had been caused by a gunshot wound to the head. |
Perica Oreb | 29. On 1 August 2008 an investigating judge of the Split County Court ordered all the suspects to be detained on the grounds under Article 102 § 1 (1), (3) and (4) of the Code of Criminal Procedure, namely the danger of the suspects absconding, the danger of the suspects reoffending and the gravity of the charges. The relevant part of the decision, referring to the grounds for detention, reads:
“In view of the manner in which the criminal offence was committed, the type and quantity of the illegal substances in which the suspects were trafficking, the large number of illegal transactions and the persistence and determination involved in committing the criminal offences, as well as the fact that the suspects are mostly unemployed with no means of support and that the suspects ... and |
Marina Turasheva | 5. The applicants are:
1) Mr Isa Khutsayev, born in 1956,
2) Ms Birlant Khutsayeva, born in 1961,
3) Ms Maryam Khutsayeva, born in 1989,
4) Mr Aslan Khutsayev, born in 1988,
5) Mr Ibragim Khutsayev, born in 1993,
6) Ms |
Lyubov M.-E. | 53. M.A. stated that while at the detention centre, he had been beaten twice, in July 2014, when the staff had found him to be in possession of the Koran, and on 25 August, when one of the Syrian detainees had escaped. He had been beaten so that he would disclose details about the escape. After the beatings he had stayed in bed for three days and could not eat. He stated that he had not been allowed to make complaints or send letters, and had been denied access to his representatives and relatives. He had not been allowed to attend the court hearing on 28 November 2014 (see paragraph 36 above) even though he had asked to. He also confirmed that he had wanted to meet with his representatives, including Ms |
Leoma Meshayev | 10. The first eight applicants are relatives of Leoma Akhiatovich Meshayev, who was born in 1952. The first applicant is his wife, the second applicant is his brother, the fourth, fifth, sixth and the seventh applicants are his children. The third and eighth applicants are his niece and nephew. |
Sergey Smirnov | 12. On an unspecified date all fourteen officers of the Oryol Region anti-narcotics unit, including the six charged with drug-related offences, filed a civil defamation action. Without mentioning specific parts of the article, the officers asserted that the publication had damaged their honour, dignity and professional reputation and claimed compensation for non-pecuniary damage. The statements designated the editor’s office of the Orlovskiy Meridian newspaper and “the author of the article |
Mehmet Koşti | 5. The applicants were arrested and taken into custody on 19 and 20 February 1999 respectively on suspicion of their involvement in the throwing of Molotov cocktails at various public buildings. On 23 February 1999 the Suruç Magistrates' Court ordered their remand in custody. The applicants were aged sixteen ( |
Lema Khakiyev | 44. On 17 September 2002 the deputy head of the ROVD drew up a report concerning Lema Khakiyev’s disappearance. The report was based on the third applicant’s testimonies. The document stated that he had been abducted by armed men in masks and camouflage uniforms and that, despite the inquiry, his whereabouts remained unknown. In view of the foregoing, the deputy head of the ROVD ordered the discontinuation of the search for |
Usman Umalatov | 18. On 29 January 2003 the investigator of the district prosecutor's office adjourned the criminal proceedings given the failure to identify the persons against whom the charges must be brought (Article 208, part 1, item 1 of the Code of Criminal Procedure). The investigator's decision instructed the Nadterechny district department of the Ministry of the Interior (ROVD) to search for |
Polikseni Pistika | 9. On 3 July 1987 the Istanbul 3rd Civil Court (Asliye Hukuk) decided that the total of the above-mentioned immovable and movable property of Mrs Elisavet Pistika would be transferred by way of inheritance to Ms |
Hafsteinsson | 109. The applicant, Mr Muledal to some extent, and more particularly the applicant, Mr Lindahl, and also to a certain degree the applicant, Mr Sigurdur P. Hafsteinsson, provided detailed accounts of their individual experiences of test dives which had caused them pain, suffering and injuries. This related, inter alia, to Mr Lindahl’s participation in the Deep Ex I dive in 1980 (300 metres) and the Deep Ex II dive in 1981 (504 metres); Mr |
Stanislav Ihorovych Beliak | 6. The first and second applicants, Mr Oleg Volodymyrovych Kats and Mrs Tetiana Yakivna Kats, born in 1946, are the father and mother of the late Ms Olga Olegivna Biliak (hereinafter Olga Biliak), who was born in 1971 and died in 2004. The third applicant, Mr |
Vidzha Umayev | 25. The Government submitted that on 14 July 2006, on the road between Grozny and Shatoy, near the bridge close to the village of Yarysh‑Mardy, three unidentified individuals wearing camouflage uniforms and carrying automatic weapons had stopped a vehicle in which |
Kerim İncin | 7. In the petition the lawyer representing the applicants stated that the applicant Hazım İncin had recently returned to Turkey from Iraq and wanted to lodge an official complaint concerning the killing of his father. In their petition the two applicants also gave the prosecutor the names of a number of people who they alleged had witnessed the incident in question. They asked the prosecutor to carry out an investigation, to identify and question all the eyewitnesses, to exhume the body of |
Kerim Yıldız | 28. The documents listed below pertain to the applicant's complaints about the destruction of his house by the Malazgirt gendarmerie forces.
(i) Petition by the applicant dated 23 September 1994 to the Karşıyaka public prosecutor's office for submission to the Malazgirt public prosecutor's office;
(ii) Letter from the applicant to |
Costas M. Kaniou | 56. According to the applicants, representatives of the International Committee of the Red Cross (“the ICRC”) in Cyprus visited Pavlides Garage in the Turkish-occupied sector of Nicosia and on 28 August 1974 recorded the names of twenty Greek Cypriots held there, including the nine persons from Yialousa (they cited document EZY284D)[5]. |
Ali Gastamirov | 134. On 18 May 2002 the investigation again questioned the seventh applicant and her husband. As appears from their transcripts enclosed with the Government's submissions, they both changed their initial statements, without clarifying the reason for the change. In particular, they admitted to having stayed in Grozny with their relatives on the night of 12 May 2002. In the morning, upon their return to Katyr-Yurt, the seventh applicant and her husband had learnt that Ali had been taken away by unknown armed men in masks and camouflage uniforms. They had had no news of him thereafter. They had immediately contacted the ROVD and the district military commander's office, which had denied having detained |
Refik Öztümen | 138. The witness entered Mr Adalı's house three or four hours after the incident, along with Refik Öztümen, a close relative of the deceased and the local muhtar. The door was open and the TV was on. They looked for a document, an item or anything that could have been the cause of the incident. They did not remove any object. Mr Adalı's office was in disorder and there were a large number of books which were piled up or arranged in boxes. |
Visita Shokkarov | 53. On 7 April 2003 the Chechnya prosecutor’s office informed the applicants that the criminal proceedings concerning the death of Visadi Shokkarov had been terminated on 18 February 2003 for lack of corpus delicti. The letter also stated that
“... |
Tetiana Mikhno | 59. On 24 December 2002 and 12 February 2003 the first and second applicants lodged civil actions within the aforementioned criminal proceedings. They claimed 50,000 Ukrainian hryvnias (UAH) and UAH 200,000 respectively for non-pecuniary damage inflicted by the deaths of Sergiy and |
Khadzhi-Murat Yandiyev | 70. Musa G., a resident of Alkhan-Kala, was questioned in June 2004 and October 2005. He stated that on 2 February 2000 he had tried to leave the village with his family in a PAZ bus. He was stopped by a group of armed men who ordered him to remove his belongings and to take the bus to the Alkhan-Kala hospital. At the hospital two other PAZ buses, also driven by villagers, were waiting. The armed men took wounded individuals out of the hospital and loaded them onto the three buses; the drivers were initially instructed to travel to Urus-Martan. However, they were not permitted to pass through a military roadblock at the exit of the village and returned to Alkhan-Kala. They were then instructed to go to Tolstoy-Yurt, where, as the witness understood it, the wounded were removed from the buses by servicemen from the Ministry of Justice. The witness identified |
Vakhit Dzhabrailov | 16. According to the applicant, at some point after the events one of the servicemen who had been on duty at the ROVD on the night of the abduction told her that on the night of 3 January 2003 the minivan with |
Alvi Bugayev | 6. In the early morning of 27 December 2001 a group of approximately twenty federal servicemen who had arrived in two armoured personnel carriers (“APCs”) and UAZ vehicles surrounded the house where the applicant lived with her son (Mr |
Bayali Elmurzayev | 65. The documents submitted by the Government included:
(a) four reports of 29 March 2004 on inspection of crime scenes at the houses at 73 Nuradilova Street from which Apti Murtazov had been taken, at 15 Rodnikovaya Street from which |
Ruslan Magomadov | 51. On 9 February and 31 March 2003 the investigators questioned the second applicant and granted her victim status on the latter date. She stated that since 2001 her husband had been working in the investigations department of the Shatoy ROVD. At about 4.30 a.m. on 9 February 2003 the family was sleeping in their house at 179 Kluchevaya Street. She was woken by a noise in the yard and saw about ten or twelve armed men in multicoloured military uniform, high boots and black masks. All these men were armed with typical submachine guns. They ordered her to stay in bed. The men acted in silence; only one of them was swearing and speaking unaccented Russian. The intruders threw her husband on to the floor and tied his hands behind his back with adhesive tape. After that they asked the applicant whether there was a balaclava mask in the house. When she replied in the negative, they took a pillowcase, put it over her husband's head and wrapped adhesive tape around it. After that they took |
Inspectorate | 9. On 28 November 2008 the applicant lodged a request for judicial review in which he alleged that the facts had been wrongly established and that his rights enshrined in Article 29 of the Slovenian Constitution had been violated. He disputed the allegation that his bar had been open and that he had had customers at the time in question. He emphasised, among other things, that the police had not approached him on the date the offence had allegedly been committed and that he and the witnesses had not subsequently had an opportunity to be heard by the |
Abdülhakim Güven | 233. Mr Erten told the Public Prosecutor, and subsequently the Investigating Judge, that he had been tortured and that the statements had been signed under duress. He told the Judge that he had resisted pressure from |
Moravia Ramsahai | 221. On 7 August 1998 Detective Chief Superintendent Van Duijvenvoorde interviewed the applicants. They told him that they were not aware that Moravia Ramsahai had had a pistol and could not imagine this to be the case. |
Ayhan Güneş | 92. During the hearing before Kartal High Criminal Court on 19 March 1998 Ayhan Güneş admitted that he had strangled Kasım Açık with a piece of rope. He contended that Kasım Açık had suffered from psychological problems, that he had been very anti-social and that not been liked by any of the other inmates. On the day he was killed, Kasım Açık had provoked |
Ali Yudayev | 37. On 30 November 2000 the investigators granted both applicants victim status in the criminal case and questioned the second applicant, who stated that she had found out about the events from her neighbours and that she had been prevented by them from approaching the scene of the incident. From the eyewitnesses she had learnt that her son and |
Adam Khurayev | 8. At about 10 p.m. on 23 November 2002 the family of M.M. was at home. When Adam Khurayev went outside, to the toilet located in the courtyard, a group of over fifteen armed masked men in camouflage uniforms broke into the house. The intruders neither introduced themselves nor produced any documents. The applicant's relatives thought that they were Russian servicemen. They dispersed into different rooms, pointed their guns at the family members and ordered everyone to stay in their rooms. M.M.'s daughter, Ms L.M., rushed to the window and heard the intruders order someone in Russian: “Lie on the ground!” She thought that the order must have been given to |
Anna Politkovskaya | 59. Several documents refer to a certain Yuriy Zh., whose family had resided at 130 Neftyanaya Street. From the witnesses' testimonies it appears that Yuriy Zh. left Grozny at the end of 1980s, while his parents (or aunt and uncle) lived at the said address. They had been killed in 1997 by Chechen fighters and their house had been occupied. The witnesses referred to “rumours” that Yuriy Zh. was among the soldiers involved in the killings and that he was motivated by revenge. The house at 130 Neftyanaya was destroyed during the fighting. Several requests for information about Yuriy Zh. were sent by the investigators to the military authorities and to the civil authorities of the neighbouring regions, but the answers to these requests were either negative or were not provided by the Government.
i) Testimony by |
Ayubkhan Magomadov | 56. On 11 March 2003 the investigation questioned Major I., who at the relevant time had headed the criminal police of the VOVD. Major I. stated that a group of FSB officers had brought a detainee to the premises of the Oktyabrskiy VOVD and questioned him there. He was not aware of the details of the case and had not given any orders to detain or to question |
Vlad Cubreacov | 74. On 23 August 1999, according to the applicants, Police Captain R., claiming to be acting on the orders of his superior officer, Lieutenant-Colonel B.D., placed seals on the door of the church of Cucioaia (Ghiliceni) and forbade V.R., a priest of the applicant Church, who regularly officiated there, to enter and continue to conduct divine service. After a complaint by the people of the village, the applicant |
Mehmet Zeki Matyar | 40. The petitioners complained that Ihsan Simpil, Esref Simpil and Mehmet Zaman Simpil had fired at villagers from Ormandışı. It was stated that the aggressors were from Boyunlu village who hated and had a grudge against the Ormandışı village due to the latter’s lodging of legal proceedings against the Boyunlu villagers’ illegal entry onto Ormandışı village lands.
Statement by |
the County Governor | 40. The dissenting judge, Mr Justice Rieber-Mohn, stated:
“(56) ... I concur that in its news coverage of 8 June 2000 Tønsbergs Blad published a defamatory statement – an accusation of a factual character – for which there was no factual basis. I also agree with the first voting judge that the core of the accusation is that Mr Rygh found himself on a list that the Tjøme Municipality had drawn up, which contained the names of individuals whom the Municipality considered to have breached the residence requirements. This would, however – assuming it was correct – not have been a final declaration that there had been a breach of the residence requirements. For this reason, among others, I agree with the minority of the High Court and the City Court that the accusation lies in the lower stratum of what can be covered by Article 247 of the Penal Code. I also have the impression that the High Court's majority by and large agree with this.
(57) When an untrue defamatory statement is made, the point of departure is also clear under the European Court of Human Rights' case-law concerning Article 10 of the European Convention: the accusation is not protected by freedom of expression. But exceptions to this may be contemplated. If the accusation is to enjoy protection under freedom of expression, it must at the least be demanded that the news coverage in which it is contained is of public interest and additionally that the necessary care was taken by the newspaper. I consider that these criteria were met in this case.
(58) There can be no doubt that the general subject with which the newspaper was concerned, and with which the news coverage of 8 June 2000 really dealt, namely compliance with the rules on residence requirements, was and is of great public interest. The question is whether it is in the public interest to publicise a possible breach of the residence requirements on the part of Mr Rygh. I would first mention that in modern journalism it is a common and recognised method of popular education to illustrate general and usually difficult questions by means of the roles and fates of individuals, when they are considered especially relevant. When individuals are unwillingly brought forward, and are subjected to accusations of crime and so forth, a mass medium must have good reasons for this, for example if the person concerned has sought out the light of publicity in this area, or is a prominent person in society who must accept that special demands are made of his integrity and sense of responsibility to society. At the time in question Mr Rygh belonged to the top management of one of the country's biggest industrial conglomerates, and his name was not unfamiliar in the news. In my opinion individuals who have sought prominent positions in society, which require a special degree of trust from the public, must to some extent accept that the media will follow them with the eyes of Argus, not just in their professional activities but also when, in the more private sphere, they challenge laws and other regulations that are particularly meant to safeguard the interests of society. It is therefore possible to conceive of violations of the law by these individuals that in the circumstances will be of public interest, even if the breach carries no criminal responsibility or the penalties are minor. In this case the newspaper thought that Mr Rygh had broken the rules on residence requirements, which in public opinion was and is of major social importance, even if such a contravention is not a criminal offence. I have difficulty seeing that it was not a matter of public interest if such a very prominent person as Mr Rygh had not complied with the residence requirements with regard to his property in the Tjøme Municipality.
(59) The question then becomes whether the newspaper has acted with the requisite care. It must be noted that the journalist used an anonymous source when he wrote that Mr Rygh was on the Municipality's list of those who were considered to have breached the residence requirements. It is undisputed that for a long while Tønsbergs Blad had been working on this topic, and that the journalist – who lived at Tjøme – had been in contact with several representatives of the Municipality. It must also be noted that the journalist, on application to the Municipality, received confirmation that there existed a list that the Municipality had drawn up, but the mistake was that this was a list of individuals who, according to external tip-offs, had breached the obligation, and not a list of individuals whom the Municipality had already found to have breached it. The newspaper thus confused the tip-off list, which contained Mr Rygh's name, with the list that the Municipality was indeed to refer to |
Mayrudin Khantiyev | 10. The servicemen immediately grabbed the third applicant and Mayrudin Khantiyev and took them into one room. The third applicant asked one of the intruders what they were looking for. She did not receive any response to her question and was ordered to stay quiet. She heard the servicemen tying up her husband with adhesive tape; he could not say anything as apparently his mouth was covered with the tape. Having tied up |
Rapa Lupian Lăcătuş | 46. To escape the fury of the villagers, Chief of Police Moga took Rapa Lupian Lăcătuş to the cemetery, after trying in vain to enter several courtyards in the village, which were all locked. The court noted that “the policeman [Moga], realising his presence was useless, abandoned his prisoner to the infuriated crowd”. According to the autopsy report, |
Khamid Khashiyev | 70. The applicants submitted a statement by Christopher Mark Milroy, registered medical practitioner, Professor of Forensic Pathology at the University of Sheffield and Consultant Pathologist to the British Home Office. The statement was prepared on the basis of the applicants' submissions concerning the circumstances of their relatives' deaths and of eight colour photographs taken by the first applicant when the bodies of |
Alexandru Şuşcă | 30. In the aftermath of the incident the Roma residents of Hădăreni lodged a criminal complaint with the Public Prosecutors' Office. The complainants identified a number of individuals responsible for what had occurred on 20 September 1993. Among those identified were several police officers: Chief of Police Ioan Moga, his assistant Sergeant |
Margvelashvili | 11. On the same evening the applicant was contacted by Mr Berkadze (an accomplice to the kidnappers), who offered his services to locate the applicant’s father. On the following morning Mr Berkadze called Ms |
Khasayn Minkailov | 22. When the residents of the village were informed by Mr I. that Mr Khasayn Minkailov was seriously injured, they immediately went to look for him. They again broke up into small groups and entered the forest. Two of Mr |
the Minister of Education | 23. In a judgment of 11 May 2002 the Burgas District Court found the applicant guilty of having, in the printed press, disseminated injurious statements of fact about, and imputed offences to Ms T.K., Ms A.M., Mr R.E. and Mr G.D., officials carrying out their duties, contrary to Article 148 §§ 1 (2) and (3) and 2 taken in conjunction with Article 147 § 1 of the Criminal Code. It applied Article 78a of the Code (see paragraph 39 below) and replaced the applicant’s criminal liability with four administrative fines of BGN 700 each. It also ordered the applicant to pay each of the complainants BGN 1,000 for non‑pecuniary damage, dismissing the remainder of their claims, and awarded them BGN 312 in costs (BGN 12 for court fees and BGN 300 for lawyers’ fees). Lastly, it ordered the applicant to pay BGN 160 in court fees. The court described its findings of fact and held as follows:
“In the course of the trial [the applicant] gave explanations. It should however be noted that in addition to being evidence the statements of the accused are also a means of defence. [The applicant] says that she conducted a journalistic inquiry which is governed by the unwritten rules of conscience and a moral duty to warn society. She had conversations with parents who claimed that some [pupils] had arranged for [their admission] by paying the commission. [For example, a pupil] had boasted that her father had paid [USD] 300 for her admission. At that point |
Mehmet Yıldırım | 14. Azattin Narin, who is another of the sons of the deceased, stated that he had been in Istanbul at the time of the events. He had also heard that two expert sergeants, N.T. and L.B., had caused the death of his father. |
Zofia Pstrągowska-Kern | 17. On 26 January 1999 the Łódź Court of Appeal found that the applicant had sullied the good name of the plaintiffs. It amended the judgment in so far as the text of the apology to be published was concerned and increased the sum to be paid by the applicant to all plaintiffs by way of costs and expenses to PLN 3,316. It upheld the remainder of the judgment. The applicant was to publish the following apology:
“We apologise to Mr Kern, his wife Mrs |
Detective Constable S. | 17. Before the High Court, the submissions of the applicant’s counsel concentrated, as the trial judge found, on the issues of assault and confiscation of documents. He did however raise the argument, in the context of the lawfulness of the arrest, that |
A. Khamidov’s | 18. On 28 February 2002 the interdistrict prosecutor’s office granted the first applicant victim status. The decision read as follows:
“On [the date is illegible] 2000 military servicemen took Aslandek Khamidov away from his home and drove him away in an unknown direction. |
Kharon Khumaidov | 9. The Khumaidovs were inside the house at the time. The servicemen did not produce identity papers or any documents justifying their actions. They searched the house and apprehended the applicant’s husband and father-in-law without any explanations. Although Magomed and |
Mayrudin Khantiyev | 67. On an unspecified date the investigators questioned Ms V., a neighbour of the abducted, as a witness. She stated that on 4 December 2000 she had heard from the street a woman's cry for help. Ms V. had learnt from other neighbours that |
Artur Ibragimov | 45. In October 2003 the applicant requested that the authorities establish whether Mr Artur Ibragimov was being held in detention facilities in the Rostov Region. On 5 November 2003 the Rostov Region Department for the Execution of Punishments stated that Mr |
Rizvan Aziyev | 23. The Government did not dispute the facts as presented by the applicants. At the same time they pointed out that the abduction had been perpetrated by unidentified armed persons, whose outfits and firearms had been common among ordinary criminals, that the body of Mr |
Talat Türkoğlu | 71. On 20 February 1998, the International Law and Foreign Relations Department of the Ministry of Justice informed the Ministry of Foreign Affairs that, according to a letter of 10 February 1998 from the Edirne public prosecutor, |
Ivaylo Zashev | 10. Later that day the investigator asked an expert to express an opinion on the extent of the injuries suffered by Mr Valeri Zashev and Ms T.L. and the manner in which they had been inflicted. He also asked a clinic in Pleven to clarify the exact cause of Mr |
Tods Murray’s | 38. The applicant did not appear at the hearing on 22 July 2013. The Outer House granted a further one-week adjournment in order to allow the applicant a “final opportunity to appear”. The clerk of court and |
Aslanbek Kukayev's | 23. The applicant and his younger son also went to Grozny central market and enquired of those who had been there on 26 November 2000 about Aslanbek Kukayev. In particular, they questioned servicemen from the mobile detachment, showing |
Nura Luluyeva | 80. On 20 February 2001 a body bearing signs of violence was found in a mass grave in Zdorovye, an abandoned holiday village in the Oktyabrskiy district of Grozny, along with the bodies of about fifty other people, including that of |
Philippos Constantinou | 30. Christodoulos Panyi of Vatyli, now of Strovolos, in his statement declared that while he was a prisoner in Adana Prison he saw and recognised the applicant, whom he had previously met.
(c) Application no. 16066/90: |
Akhmed Buzurtanov | 70. On 12 December 2012 the investigators again questioned the second applicant, who reiterated her previous statements (see paragraphs 17 and 23 above) confirming that she had no explanation for Mr |
Rizvan Khadzhialiyev | 13. The investigation established that at about 3 a.m. on 15 December 2002 unidentified persons wearing camouflage uniforms and armed with machine guns had entered the house at 43 Lenin Street in the village of Samashki, kidnapped Ramzan and |
Bingham of Cornhill | 17. Turning to consider the facts of the applicant’s case, the court again emphasised that its task was to decide whether the conviction was safe. It also noted that, the case being of some difficulty, it was important to bear in mind the test set out by Lord |
the Director | 8. In September 1984 the applicant introduced a judicial protest against the relevant government department. He alleged that the issuing of the requisition order and the allocation of his property to a third party was causing him hardship. In a judicial letter of 8 November 1984, |
Umar Zabiyev's | 18. In the afternoon of 11 June 2003 investigators examined the scene of the incident. They found many used cartridges and an empty machine-gun cartridge belt, used bandages, empty water bottles, canned pork and plastic bags bearing the Russian Ministry of Defence logo. The investigators took fingerprints from the bottles and tins. Then |
Abu Hamza al-Masri | 26. The applicant dismissed all the information as general and unsubstantiated. He in particular denied the assertion that he had advocated the Saudi-inspired Wahhabi/Salafi version of Islam. He argued that he should not have been perceived as a terrorist just because he spoke Arabic and moved in the BH Arabic community. The applicant submitted that on one occasion he and some of his friends had helped the National Security Agency to locate and arrest persons connected with the killing of a police officer. He furthermore pointed out that, following a request by Human Rights Watch and Amnesty International, the United States State Department’s 2007 Country Report on Terrorism – specifically, the entry for Bosnia and Herzegovina, in which the applicant had been wrongly identified as |
Adam Makharbiyev | 7. In the afternoon of 24 March 2001, on his way from Grozny to Gekhi, Adam Makharbiyev stopped at his cousins’ house in Chernorechye village on the outskirts of Grozny. On the same evening he drove back to Gekhi with his cousins, Mr I.M. and Mr L.M., in the latter’s black VAZ-2106 car. At the time Mr L.M. was a police officer at the Oktyabrskiy ROVD in Grozny. On their way |
Akhmadov Aslan Pavlovichm | 79. On 5 April 2002 the local administration of Stariye Atagi (местная администрация села Старые Атаги) issued the applicants with a certificate confirming that their nine relatives and Mr Ismail Dzhamayev had been apprehended and taken away by federal military officers between 6 and 11 March 2002 and had then disappeared. The certificate was signed by the acting head of administration of Stariye Atagi and bore an official stamp of the administration. It read as follows:
“[The present] certificate is issued by the local administration of the village Stariye Atagi in respect of written applications by the village’s residents, whose children were apprehended and taken for passport check in the period between 6 and 10 March 2002 during the special operation conducted by the federal troops.
The local administration thereby confirms that: 1. The following residents of Stariye Atagi were apprehended by the federal troops and taken to an unknown destination:
on 6 March 2002 – |
Martin McCaughey | 7. The first applicant, Mrs Brigid McCaughey, is the mother of Mr Martin McCaughey. She was born in 1934. The second and third applicants are the father and daughter of Mr Desmond Grew. They were born in 1923 and 1990, respectively. All the applicants live in County Tyrone. The case concerns the shooting of |
the Minister of Internal Affairs | 20. In a letter of 17 November 1999 the Plovdiv Regional Police Directorate once again informed the Plovdiv Regional Court that on 3 November 1999 it had received intelligence data that the applicant was intending to abscond. It also noted that without authorisation from |
V. Khadzhimuradov | 55. As regards the events of 8 March 2005, Murdashev gave the following statement:
“On 8 March 2005 Maskhadov and Viskhan Khadzhimuradov and I were in the bunker under the house of Mr Yusupov. At around 9.30 a.m. we heard heavy footsteps on the ground above and thought that there were many people up there. We switched the light off. After about an hour the entrance was discovered, as there was a glimmer of light coming through the cover blocking access to the bunker. In a few minutes a few shots were fired at the cover from the outside. At this point I was on the floor (at the place marked ‘C’ on the sketch map I drew earlier). Maskhadov was on the trestle bed (at the place marked ‘A’ on the map). |
Islam Shakhayev | 85. On 10 and on 28 February 2000, respectively, the district civil registration office issued death certificates for Lyuba Shakhayeva, aged 48, who had died on 5 February 2000 in Katyr-Yurt from piercing shell wounds to the abdomen, and for |
Yılmaz Özcan | 35. On 30 May 2001 seven forensic experts working for the Forensic Medicine Institute, acting on a request from the Şebinkarahisar Assize Court, concluded that the large number of injuries on Yılmaz Özcan's head, chest, back, arms and legs could not have been caused by jumping from a window or by falling down while running. According to these experts, the injuries had been caused close to the time of death or shortly before it, by hard objects such as stones, sticks, rifle butts or boots worn by military personnel, whereas the lesions on the back of the body had been caused by dragging the body on the floor. It was also established that |
Sultan Saynaroyev | 30. On 24 October 2002 the first applicant spoke to Mr A.M, deputy head of the Ingushetia Government. The latter said that he had had a telephone conversation with the military commander of the headquarters of the federal forces at the military base in Khankala, Chechnya, who had informed him that Mr |
Mehmet Salim | 99. On 11 December 1996 Hüsna Acar filed a petition with the Ministry of the Interior, claiming that the Ambar villager Şakir Gün had extorted money and jewellery from her family in exchange for the release of her son |
Usman Mavluyev | 124. On 1 June 2004 the investigation questioned Ms S., who had been trying to leave Grozny on 8 January 2000 together with Usman Mavluyev, the young man, Ms A.A., Ms L.G. and Ms R.G. She noted that at the Chernorechye checkpoint they had met an elderly woman called “Galina”, who had arrived there before them. At around 3 p.m. four servicemen had asked |
Aslan Tasatayev | 5. The applicants were born in 1950 and 1949 respectively. They live in Urus-Martan, Chechnya. The applicants are sisters-in-law; they are married to two brothers. The first applicant is the mother of |
Joost De Haas | 10. On Saturday 21 January 2006, the newspaper De Telegraaf published on its front page an article couched in the following terms:
“AIVD secrets in possession of drugs mafia
Top criminals made use of information
By |
Artur Ibragimov | 51. On 2 June 2009 the investigators questioned two officers of the Vedeno OVD, both of whom stated that the Vedeno OVD had not uncovered any information about a weapons transfer from Shali to Elistanzhi by Mr |
Petros Kakoulli | 57. Between 14 and 17 October 1996 the daily newspapers Fileleftheros, Agon, Cyprus Mail, Alithia and Simerini reported the killing of Petros Kakoulli. The aforementioned newspapers extensively covered the impugned incident and reported the details of the killing of |
Aslan Ismailov | 48. On 27 January 2003 the investigators questioned an officer of the ROVD, Mr U.S. He stated that on the night of 14 January 2003 he had been on duty at the police station. At about 5 a.m. the ROVD received information that unidentified armed men in Ural lorries and APCs had abducted five residents from Orekhova Street that is Aslambek and |
Moul Usumov | 162. Sometime later the deputy military commander informed the applicants that Mr Moul Usumov had been released between 15 and 18 July 2001 along with the seven other detainees. Those individuals later confirmed that they had been detained together with Mr |
the Minister of the Budget | 19. As the second claim had been dismissed on procedural grounds owing to the applicant company's failure to apply in the first instance to the tax authorities, the applicant company made a further claim for reparation, this time after following the prescribed procedure. To that end, it had sent |
Mirela Marunić | 8. In an article published in Novi list eight days later, on 27 September 2009, the applicant replied to the above criticisms. The relevant part of that article reads as follows:
“The mayor of Kostrena, M.U., has publicly criticised the current director of KD Kostrena for having disclosed information which should only have been discussed at the General Meeting and for the company’s poor performance, saying it does not engage in the type of business for which it was established.
‘They betrayed my trust by not believing me. I first informed my [political] party but there was no reaction. In particular, at a meeting held before the September session of the General Meeting [of the company] last year, I warned them of all the irregularities, the financial losses and the ruining of KD Kostrena’s business reputation. Then they asked me not to talk about it in the presence of D.G. [who was the only member of the company’s General Meeting from the ruling political party at the State level],’ says |
Scott of Foscote | 37. Lord Hope of Craighead, with whom all the other Law Lords agreed, explained his approach to the interpretation of “deprivation of liberty” as follows.
“23. The application of Article 5 § 1 to measures of crowd control is an issue which does not appear so far to have been brought to the attention of the court in Strasbourg. So there is no direct guidance as to whether Article 5 § 1 is engaged where the police impose restrictions on movement for the sole purpose of protecting people from injury or avoiding serious damage to property. The need for measures of crowd control to be adopted in the public interest is not new, however. It is frequently necessary, for example, for such measures to be imposed at football matches to ensure that rival fans do not confront each other in situations that may lead to violence. Restrictions on movement may also be imposed by the police on motorists in the interests of road safety after an accident on a motorway, or to prevent local residents from coming too close to a fire or a terrorist incident. It is not without interest that it has not so far been suggested that restrictions of that kind will breach Article 5 § 1 so long as they are proportionate and not arbitrary. 24. The restrictions that were imposed by the police cordon in this case may be thought, as compared with the examples that I have just mentioned, to have been greater in degree and intensity. But Lord Pannick QC for the respondent submitted that one could not sensibly ignore the purpose of the restriction or the circumstances. Detention in the paradigm sense was not in the minds of anyone. There would have been no question of there being a deprivation of liberty if the cordon had remained in place for only twenty minutes. The fact that it remained in place for much longer ought to make no difference, as the fact that it was not possible to release everyone from the cordon earlier was due to circumstances that were beyond the control of the police. This was a case, he said, where the answer to the question whether what was done was within the scope of Article 5 § 1 was to be determined by striking a fair balance between the rights of the individual and the interests of society. It was, of course, necessary to give full effect to the fact that Article 5 was a fundamental right whose importance was paramount. But the fact that infringement was not open to justification except in the cases listed in sub-paragraphs (a) to (f) pointed to the need for care to be taken to identify the limits of its application. 25. Ms Williams QC for the appellant, on the other hand, said that the purpose for which the measure was employed was irrelevant. The fact that it was a necessary response and was proportionate was a pre-condition for establishing the measure’s legality for the purpose of sub-paragraphs (a) to (f) of Article 5 § 1. But it went no further than that. There was no balance to be struck when consideration was being given to the initial question whether Article 5 § 1 applied to the measures adopted by the police. Questions of purpose and balance only arose when consideration was being given to the cases listed in sub-paragraphs (a) to (f).
Is purpose relevant? 26. The decision whether there was deprivation of liberty is, of course, highly sensitive to the facts of each case. Little value can be derived therefore from decisions on the application of Article 5 that depend entirely on their own facts. But they are of value where they can be said to illustrate issues of principle. In the present context some assistance is to be derived from the cases as to the extent to which regard can be had to the aim or purpose of the measure in question when consideration is being given as to whether it is within the ambit of Article 5 § 1 at all. 27. If purpose is relevant, it must be to enable a balance to be struck between what the restriction seeks to achieve and the interests of the individual. The proposition that there is a balance to be struck at the initial stage when the scope of the Article is being considered was not mentioned in Engel v The Netherlands (No 1) (1976) 1 EHRR 647 or Guzzardi v Italy (1980) 3 EHRR 333. Nor can it be said to be based on anything that is to be found in the wording of the Article. But I think that there are sufficient indications elsewhere in the court’s case-law that the question of balance is inherent in the concepts that are enshrined in the Convention and that they have a part to play when consideration is being given to the scope of the first rank of fundamental rights that protect the physical security of the individual.”
Lord Hope then reviewed a number of judgments and decisions of the Court and Commission, including X. v. the Federal Republic of Germany, no. 8819/79, Commission decision of 19 March 1981, Decisions and Reports (DR) 24, p. 158; Guenat v. Switzerland, no. 24722/94, Commission decision of 10 April 1995, DR 81-B, p. 130; H.M. v. Switzerland, no. 39187/98, ECHR 2002‑II; Nielsen v. Denmark, 28 November 1988, Series A no. 144; Soering v. the United Kingdom, 7 July 1989, Series A no. 161; O’Halloran and Francis v. the United Kingdom [GC], nos. 15809/02 and 25624/02, ECHR 2007‑III; and N. v. the United Kingdom [GC], no. 26565/05, ECHR 2008. He concluded:
“34. I would hold therefore that there is room, even in the case of fundamental rights as to whose application no restriction or limitation is permitted by the Convention, for a pragmatic approach to be taken which takes full account of all the circumstances. No reference is made in Article 5 to the interests of public safety or the protection of public order as one of the cases in which a person may be deprived of his liberty. This is in sharp contrast to Article 10 § 2, which expressly qualifies the right to freedom of expression in these respects. But the importance that must be attached in the context of Article 5 to measures taken in the interests of public safety is indicated by Article 2 of the Convention, as the lives of persons affected by mob violence may be at risk if measures of crowd control cannot be adopted by the police. This is a situation where a search for a fair balance is necessary if these competing fundamental rights are to be reconciled with each other. The ambit that is given to Article 5 as to measures of crowd control must, of course, take account of the rights of the individual as well as the interests of the community. So any steps that are taken must be resorted to in good faith and must be proportionate to the situation which has made the measures necessary. This is essential to preserve the fundamental principle that anything that is done which affects a person’s right to liberty must not be arbitrary. If these requirements are met however it will be proper to conclude that measures of crowd control that are undertaken in the interests of the community will not infringe the Article 5 rights of individual members of the crowd whose freedom of movement is restricted by them.”
Lord Neuberger of Abbotsbury agreed that there had been no deprivation of liberty, and observed as follows.
“58. The police are under a duty to keep the peace when a riot is threatened, and to take reasonable steps to prevent serious public disorder, especially if it involves violence to individuals and property. Any sensible person living in a modern democracy would reasonably expect to be confined, or at least accept that it was proper that she could be confined, within a limited space by the police, in some circumstances. Thus, if a deranged or drunk person was on the loose with a gun in a building, the police would be entitled, indeed expected, to ensure that, possibly for many hours, members of the public were confined to where they were, even if it was in a pretty small room with a number of other people. Equally, where there are groups of supporters of opposing teams at a football match, the police routinely, and obviously properly, ensure that, in order to avoid violence and mayhem, the two groups are kept apart; this often involves confining one or both of the groups within a relatively small space for a not insignificant period. Or if there is an accident on a motorway, it is common, and again proper, for the police to require drivers and passengers to remain in their stationary motor vehicles, often for more than an hour or two. In all such cases, the police would be confining individuals for their own protection and to prevent violence to people or property. 59. So, too, as I see it, where there is a demonstration, particularly one attended by a justified expectation of substantial disorder and violence, the police must be expected, indeed sometimes required, to take steps to ensure that such disorder and violence do not occur, or, at least, are confined to a minimum. Such steps must often involve restraining the movement of the demonstrators, and sometimes of those members of the public unintentionally caught up in the demonstration. In some instances, that must involve people being confined to a relatively small space for some time. 60. In such cases, it seems to me unrealistic to contend that Article 5 can come into play at all, provided, and it is a very important proviso, that the actions of the police are proportionate and reasonable, and any confinement is restricted to a reasonable minimum, as to discomfort and as to time, as is necessary for the relevant purpose, namely the prevention of serious public disorder and violence. 61. It was suggested on behalf of the appellant that, at any rate in some of the examples I have given, consent to being confined could be imputed to the people concerned. I am not sure that that is a satisfactory analysis, not least because, unless the consent is to be treated as being involuntary or irrebuttably deemed to be given, it would not deal with the case of a person who informed the police that he objected to being confined. However, if imputed consent is an appropriate basis for justifying confinement for Article 5 purposes, then it seems to me that the confinement in the present case could be justified on the basis that anyone on the streets, particularly on a demonstration with a well-known risk of serious violence, must be taken to be consenting to the possibility of being confined by the police, if it is a reasonable and proportionate way of preventing serious public disorder and violence. 62. So, in agreement with the Court of Appeal, I would hold that, in the light of the findings of the Judge, as summarised in para [57] above, the actions of the police in the present case did not give rise to any infringement of the appellant’s Article 5 rights. The feature of the present case which gives particular cause for concern is the length of the period of confinement, nearly seven hours. However, having reached the conclusion that reasonable and proportionate constraint, which is requisite to prevent serious public disorder and violence, does not infringe Article 5, it seems to me hard to contend that the mere fact that the period of constraint was unusually long can, of itself, convert a situation which would otherwise not be within the ambit of Article 5 into one which is. I think that some support for that view can be found in cases where it has been held that detention in prison is not taken out of Article 5 because it was only for a short time – see e.g. Novotka v Slovakia (Application No 47244/99) 4 November 2003. 63. As already indicated, it appears to me that the intention of the police is relevant, particularly in a non-paradigm case, such as this, and where the intention is manifest from the external circumstances. If it transpired, for instance, that the police had maintained the cordon, beyond the time necessary for crowd control, in order to punish, or ‘to teach a lesson’ to, the demonstrators within the cordon, then it seems to me that very different considerations would arise. In such circumstances, I would have thought that there would have been a powerful argument for saying that the maintenance of the cordon did amount to a detention within the meaning of Article 5. However, as is apparent from the clear and careful findings made by the Judge, which have quite rightly not been challenged on appeal, there could be no question of such a contention being raised in the present case. 64. Furthermore, it is worth bearing in mind that, at least as I see it, if the restraint in the present case did amount to detention within Article 5, it would not be possible for the police to justify the detention under the exceptions in paras (b) or (c), not least because of the reasoning of the European Court in Lawless v Ireland (No 3) (1961) 1 EHRR 15. I consider that the fact that the restraint in the present case could not be justified under any of the exceptions in paras (a) to (f) supports the contention that the constraint did not amount to detention within Article 5 at all. It would appear to me to be very odd if it was not open to the police to act as they did in the instant circumstances, without infringing the Article 5 rights of those who were constrained.”
Lord Carswell agreed with Lord Hope, and Lord |
Ibragim Dzhabrailov | 106. Between 5 a.m. and 6 a.m. on 5 November 2002 a group of armed men in camouflage uniforms broke into the applicants’ house in Achkhoy‑Martan. Those who were unmasked were of Slavic appearance. They spoke Russian. The men locked the first applicant, her husband and their relatives in one room. Then, after searching the house, they dragged Mr |
V.M. Yushchenko | 35. On 12 January 2004 the court sentenced the first applicant conditionally to two years' imprisonment for a fraud committed previously in concert with another person(s). Judge K., who considered the case, found that the first applicant together with “another person” had abused the trust of L.'s secretary and removed a photocopier worth UAH 8,350 and related materials (paper and toner) worth UAH 1,960, the overall value thus being UAH 10,310. In finding so the court stated that:
“On 6 May 1998 in the afternoon, [the first applicant], by a prior arrangement with another person [...] misappropriated a photocopier which belonged to L.”
...
“The court has doubts as to the statements by the accused, |
Zhamalayl Yanayev | 35. On 20 April 2006 the garrison military prosecutor’s office again decided to discontinue criminal case no. 14/03/0335-05 owing to the absence of the constituent elements of a crime in V.T.’s actions. The decision read as follows:
“At about 4 p.m. on 28 December 2004, in Vladikavkaz airport in the town of Beslan ..., Mr [V.T.], officer of the [North Ossetia] FSB department, deputy head of Vladikavkaz airport and head of the airport security services, was approached by two persons in light-coloured camouflage uniforms. [They] identified themselves as officers of the [RUBOP] and produced their service ID documents [служебные удостоверения] showing that they were colonels in the above-mentioned department. [V.T.] had no doubts about the authenticity of those documents. Following a request by those persons and in accordance with the applicable regulations on access control in airports ..., [V.T.] took them to the airport security zone. An airport police officer there, Mr Ts., took [Mr |
Jules Isaac | 23. The published article read:
“As regards the encyclical 'The Splendour of Truth'
The obscurity of error...
John Paul II's new encyclical, 'The Splendour of Truth', concerns the basis of moral theology from the perspective of Catholic teaching. It is intended to provide the faithful with answers to the questions put to Jesus by a young man in a New Testament parable: What good thing shall I do, that I may have eternal life?
Unfortunately, from the point of view of other religions and from the Jewish perspective, the Pope's text is based on two types of assertion: 1. The Catholic Church sets itself up as the sole keeper of divine truth and assumes the 'duty' of disseminating its doctrine as the sole universal teaching. 2. It strongly proclaims the fulfilment of the Old Covenant in the New and the superiority of the latter, a doctrine which propagates 'the teaching of contempt' for the Jews, long since condemned by |
Timur Khambulatov | 9. The servicemen locked the applicant in one of the rooms and woke up Timur Khambulatov. Then, without producing any warrant, they searched the house. They found a bottle-shaped object wrapped in foil and asked |
C.J.P. Kleijn | 91. New partial routing decisions were taken in the course of 1998. An appeal lodged by Mettler Toledo B.V. was declared inadmissible by the Administrative Jurisdiction Division on 16 April 1999. The appeal lodged by Sterk Technisch Adviesbureau B.V. was dismissed by the Administrative Jurisdiction Division on 25 October 1999. The appeals lodged by Kleijn Financierings- en Leasemaatschappij B.V., Exploitatiemaatschappij De Zeiving B.V., Ms |
Lema Khakiyev | 126. In December 2007 and January 2008 district investigation departments of the Chechnya prosecutor’s office submitted that the district law-enforcement authorities had not brought criminal proceedings against |
Idris Akhmadov | 297. The first, second, third, fourth and fifth applicants are the sons of Mr Imran Dashtayev, who was born in 1955; the sixth applicant is his wife. The seventh and eighth applicants are the parents of Mr |
Bülent Karataş | 37. On 4 July 2008 the applicants Rıza Çiçek, Güler Karataş, Bıra Karataş and the tenth applicant’s mother filed an objection against the prosecutor’s decision. In their objection they repeated their allegation that the soldiers had unlawfully opened fire with the intention of killing |
Zarema Gaysanova | 27. On 16 November 2009 the Leninskiy investigation department opened a criminal investigation into Ms Zarema Gaysanova’s abduction under Article 126 § 2 of the Criminal Code (aggravated abduction). The case file was given the number 66094. The decision stated that from the applicant’s complaint lodged on 5 November 2009 it appeared that at about 5.30 p.m. on 31 October 2009 unidentified persons in camouflage uniforms driving a UAZ vehicle had abducted Ms |
Zarema Gaysanova | 35. On various dates between November 2009 and May 2010 the investigators questioned a number of the applicant’s neighbours. Most of them confirmed that a special operation had taken place on Second Darvina Lane on 31 October 2009 and that the area had been sealed off by the security forces, but denied having seen Ms |
Isa Dokayev’s | 15. In support of their statements the applicants submitted the following documents: two witness accounts provided by the third applicant, dated 23 November 2004 and 17 June 2005; a witness account by the eighth applicant dated 16 June 2005 and a hand-drawn plan of |
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