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Aslan Ismailov | 49. On 28 March 2003 the investigators questioned an officer of the ROVD, Mr D.A. He stated that he worked as a district police officer in Achkhoy-Martan. At about 4 a.m. on 14 January 2003 a group of unidentified armed men in APCs and Ural lorries had arrived at Orekhova Street, where from house no. 15a they had abducted Aslambek and |
V[italiy] Vulakh | 9. On 3 October 2002 the Krasnodar Regional Court convicted Mr S., Mr N. and Mr K. of serious criminal offences and sentenced them to lengthy terms of imprisonment. The judgment mentioned that Mr Vitaliy Vulakh had been the leader of a criminal enterprise and had told the defendants to murder his business competitor Mr G. It read, in particular, as follows:
“The person who had been the leader of the gang ( |
Mayrudin Khantiyev | 58. On 20 January 2001 the third applicant was granted victim status in connection with the proceedings in case no. 12368 and questioned. She submitted that she had been living in the same flat as her husband |
Abdulvahit Narin | 15. In addition to the above statements, the applicants' representative submitted to the Court statements given by another witness, Nihat Ezer, on 13 August 2001. According to this witness, who sought shelter in the Narin Hotel during the clashes, |
Bingham of Cornhill | 16. On 13 December 2006, their Lordships unanimously dismissed the applicant's appeal. They agreed that the right to seek early release, where domestic law provided for such a right, was clearly within the ambit of Article 5 of the Convention. Lord |
Salambek Movsayev | 13. Immediately after her husband’s abduction, the first applicant and her son drove back to the second applicant’s house. They informed him about the abduction. The applicants called the district police officer Mr S., who had visited the second applicant’s house looking for Mr T.M., and asked him about the whereabouts of |
Slynn of Hadley | 18. On 31 October 2002 the House of Lords unanimously dismissed the applicant’s appeal ([2002] UKHL 41). Having taken note of evidence that the applications of approximately 13,000 asylum-seekers a year were processed at Oakington, which entailed scheduling up to 150 interviews a day, Lord |
Raisa Vakhayeva | 47. She and her three wounded children were taken by a fellow villager in a car to Achkhoy-Martan. In the confusion she had lost track of her son Musa. Having sent her three wounded children to the hospital in Urus-Martan, she returned to Katyr-Yurt to find Musa at her neighbours' house. Later on the same day |
Musa Ilyasov | 34. By a letter of 5 February 2003 the Shalinskiy ROVD informed the first applicant that on 19 September 2002 the district prosecutor's office had instituted a criminal investigation into the abduction of her son. The letter further stated that the investigative measures had failed to provide any information concerning the whereabouts of |
Şuayip Tanış | 145. On 19 November 2001 Şuayip Tanış and his brother Nurettin were questioned by the public prosecutor. Nurettin Tanış stated that in January 2001 they were arrested on the Silopi road while on their way to Cizre by three people in civilian dress who asked |
Abdullah Öcalan | 13. On 16 August 2003 the public prosecutor attached to the Istanbul State Security Court filed an indictment with the Istanbul State Security Court charging the applicant with aiding and abetting the PKK under Article 169 of the former Criminal Code on account of the publication of the book entitled 33 Days in the Deluge. According to the indictment, on pages 129, 130 and 135 the struggle of the PKK and its leader, |
Muhsettin Yöyler | 22. Mr Aydın Sezen declared before the same gendarme commander that the applicant had always acted in a subversive manner towards the State, that his house had indeed been burned, that he had not seen who had set fire to it, but it had definitely not been the security forces. He also added that all the villagers were pleased that the applicant had left the village. In a further statement, Mr |
Petri Pihoni | 14. On the same day at 12.20 p.m. N.L. contacted V.B. by telephone. As recorded in the patrol report (raport shërbimi) drawn up on 7 August 2012, V.B. stated the following:
“Petri Pihoni, A.S. and N.P. had been involved in an argument. They [the RRF officers] were called upon to put an end to the argument, which had become more intense. In such circumstances, we [stopped them from arguing] and took them to Pogradec police station in the police vehicle. ... I would point out that N.P. and |
Liviu Bucunea Jr | 22. On 3 October 2006 twenty-seven victims of the incident filed a criminal complaint against the special forces officers for abusive conduct and causing bodily harm, a complaint which was joined to the pre-existing investigation. They were the applicants |
Magomed Ye. | 68. On 16 November 1999 the investigators in criminal case no. 16/24‑99 carried out an expert assessment of three documents concerning the transfer of Suleyman Tsechoyev from SIZO-1 on 23 August 1999. The criminology expert of Kabardino-Balkaria concluded that the imprint of the Malgobek district prosecutor's office's seal had been reproduced with the aid of a factory-made stamp, but not the one used by the district prosecutor's office. The imprint of the Malgobek ROVD seal had been reproduced with the aid of a colour printer. A graphology expert report reported difficulties in analysing short notes with dates and signatures on the documents, but concluded that some of the notes could have been made by Mr |
Halil Türker | 15. The talks mentioned in that letter finally took place at around 10 a.m. on 9 September. A delegation made up of a CDGA lieutenant-colonel, the public prosecutor, the Prison Director and the CGP commander heard the spokesmen for dormitories nos. 4 and 5 and the spokeswoman for the female dormitory, namely the applicants Sadık Türk, |
Sorin Apostu | 31. Several press articles contained excerpts of telephone conversations between the applicant and persons not involved in the criminal proceedings. On 5 February 2012 Ora de Cluj published an article with the headline, “Interception. Three-way conversation: businessman S. D., mayor |
Schausberger | 11. This article was followed by a further text in a small box which stated:
(German original)
„[...]Die Spesenritter und Abkassierer haben tatsächlich dem Ansehen Salzburgs als Zukunftsland schwer geschadet. |
Osama bin Laden | 17. By Resolution 1333 (2000) of 19 December 2000 (see paragraph 71 below), the Security Council extended the sanctions regime. It was now also directed against Osama bin Laden and the al-Qaeda organisation, as well as the Taliban’s senior officials and advisers. In both Resolutions 1267 (1999) and 1333 (2000), the Security Council requested the Sanctions Committee to maintain a list, based on information provided by States and regional organisations, of individuals and entities associated with |
Apostolidis | 26. On 14 January 2005 the Salonika Court of First Instance sentenced the applicant to fourteen months' imprisonment under Article 167 § 1 of the Greek Criminal Code for resisting lawful authority. The first-instance court established that Police Officer |
Mehmet Salih Acar | 128. On 27 December 1995 Captain İzzet Cural, in his capacity as a person suspected of an offence, made a statement to the Ankara public prosecutor Osman Aşrafoğlu in which he declared that, in response to a report that |
Orhan Ceylan | 171. The witness met Hüseyin Demirci in one of the training courses on civil defence services, just as he met many other local people. However, he denied the applicant's allegation that Mr Demirci was his adviser. He further stated that he had known Mr |
Movsar Khamzatov’s | 86. On 27 June and 18 August 2007 the military prosecutors reiterated their request to the district prosecutor’s office concerning the missing exhibits and, in particular, the spent cartridges seized from the crime scene, and instructed the latter authority to interview investigator D., who had been initially in charge of the investigation into |
Alash Mugadiyev | 73. At about midnight the special operation was completed and the servicemen left Ersenoy and drove to the settlement of Vedeno; they travelled in a large group of military vehicles, including several APCs, Ural military lorries and the UAZ minivan containing Mr |
Mohammed Abu Ali | 65. On 12 January 2010, the non-governmental organisation “Libya Watch for Human Rights”, based in the United Kingdom, released a statement, calling upon the Netherlands' authorities to grant the applicant asylum. It stated that it knew the applicant as a Libyan activist, that he had been involved in opposition activities inside Libya and abroad and that – in its opinion – his association with the National Front for the Salvation of Libya was in itself enough to lead to his arrest and torture should he return to Libya. It further expressed its concern that failed asylum seekers who are returned to Libya will become easy targets for the various Libyan security agencies in their efforts to act with an iron fist against enemies of the state. In this connection, it referred to the fate of |
Robert McConnell | 29. On 18 February 2001, members of the Centre met with John Weir in Paris. He made links between the attack on Donnelly’s Bar and the other incidents above. He named Stuart Young, Sammy McCoo, Shilly Silcock and |
Mohammed Ramzy | 51. On 9 August 2001, after apparently having noted that the applicant had not left the Netherlands voluntarily after the rejection of his second asylum application, the Netherlands aliens police (vreemdelingenpolitie) requested the Return Facilitation Unit (Unit facilitering terugkeer – “UFT”) of the Immigration and Naturalisation Department of the Ministry of Justice to request the Algerian consular authorities in the Netherlands to issue a laissez-passer in the name of |
Ramzan Rasayev | 10. The first applicant and Khava Rasayeva followed them at some distance and saw them heading to the military vehicles parked in Karl Marx Street (one armoured personnel carrier (APC), one Ural truck and one UAZ all-terrain military vehicle, all without visible identification plates). After that they saw |
Abu Hawsher | 18. In the autumn of 2000 the applicant was again tried in absentia in Jordan, this time in a case known as the “millennium conspiracy”, which concerned a conspiracy to cause explosions at western and Israeli targets in Jordan to coincide with the millennium celebrations. The conspiracy was uncovered before the attacks could be carried out. The applicant was alleged to have provided money for a computer and encouragement through his writings, which had been found at the house of a co-defendant, Mr |
Abdurrahman Çelik | 18. On 21 May 1998 the applicants were examined by the prison doctor, Dr. T. D., who noted that there were marks on Abdurrahman Çelik's body resulting from the physical violence inflicted on him. He reported the following in respect of |
Ramzan Guluyev | 12. There were around twenty-five servicemen; two or three of them wore masks. The servicemen appeared to be under the influence of alcohol. They took Mr Ramzan Guluyev to the street where several khaki UAZ vehicles and a grey all-terrain UAZ vehicle («таблетка») were parked. Some vehicles had no registration numbers while those of the others were covered with mud. The servicemen put Mr |
Kamil Mutayev | 29. On 6, 7 and 12 August 2012 the investigators questioned police officers from the OVD: Mr M.M., Mr Z.S., Mr R.A., Mr A.M. and Mr D.D. All of them stated that on the date of the abduction they had been on duty at the police station and neither Mr |
Muhammad Babar | 50. A report entitled “Hizb ut Tahrir al Islami (Islamic Party of Liberation)”, published on 15 April 2007 by the European research project Transnational Terrorism, Security, and the Rule of Law (TTSRL), financed by the European Commission, reads as follows:
“Hizb ut Tahrir al Islami (Islamic Party of Liberation) presents itself as ‘a political party whose ideology is Islam, so politics is its work and Islam is its ideology ...’ ... In their own eyes, Hizb ut Tahrir (for short) is a political group and not a priestly one ... It is a trans-national party or movement that claims to try to achieve its political goals without the use of violence and has branches in about forty countries, including both Islamic and Western countries. In the Islamic world they are, for instance, active not only in the Middle East, but also in Bangladesh, Malaysia, Indonesia, and the former Soviet republics in Central Asia. In almost all of these countries, Hizb ut Tahrir is perceived as a threat to the state or even as a terrorist organisation. In the Western world, Hizb ut Tahrir has a presence in, among others, the United Kingdom, the Netherlands, Germany, Australia, the United States and Canada. To these countries, Hizb ut Tahrir presents a particularly difficult challenge since it holds radical Islamist views, but openly only advocates peaceful change. Nonetheless, in a number of EU member states, the party is regarded as one that secretly does support the idea of a violent jihad and/or has been involved in anti-Semitic incidents ...
The organizational structure of Hizb ut Tahrir is rather complex ... The identities of Hizb ut Tahrir’s current leader and senior officers have not been mentioned in reliable open sources.
Concrete issues at the level of different national branches are in the hands of national leaders, where the scope and content of the activities within the branches greatly differ. A general distinction can be made between countries in which the party is permitted to operate freely, and countries in which Hizb ut Tahrir is prosecuted. In Uzbekistan, for instance, [Hizb ut Tahrir] is organized in a secretive and hierarchical pyramid structure made up of many five-person cells whose members, after they have completed training averaging about two months, form their own groups or ‘halka’ - also of five to six members. Other sources speak of three-person cells... In EU member states, the branches of Hizb ut Tahrir are organized like most political parties and have a hierarchical structure with a national leader, local groups and the possibility of membership for anyone who supports the party’s ideas. In addition, the European branches of the party also consist of study groups, the above-mentioned ‘halkas.’...
From the beginning, Hizb ut Tahrir’s leadership decreed that members should not participate in terrorist activities. This message has been continuously reverberated. There are, however, many allegations of links between the party and terrorist organisations. It should be stressed that none of these allegations are backed by concrete evidence ...
There are, nonetheless, possible indirect links between Hizb ut Tahrir and terrorist groups and individuals. In Britain, three men, who in 1995 were arrested and charged with conspiring to assassinate the Israeli ambassador, were reported to have been in possession of Hizb ut Tahrir literature and to have helped organize Hizb ut Tahrir meetings in Manchester ... Another man, |
Necla Çomak | 18. The Assize Court also noted that Metin Kürekçi, Alihan Alhan and Deniz Bakır had been taken into police custody in the past on account of their participation in various public meetings. There were also several police records in respect of |
Salaudin Zubayrayev’s | 32. In their observations, the Government also stated that the relatives of Salaudi Zubayrayev had not been interviewed or been granted victim status in the proceedings in view of their departure from Russia. In October 2004 the investigation questioned and granted victim status to Mrs. E., |
Kazbek Vakhayev's | 19. The applicants asked to see the head of the Urus-Martan VOVD, Colonel Sh., and when he came to meet them outside the VOVD the first applicant asked him where her son was. Colonel Sh. took their names, went back into the police station and then returned with |
Islam Makhashev | 85. On 20 March 2005 the investigators asked the Nalchik deputy prosecutor to extend the time frame for the investigation in criminal case no. 21/233-04. The text of the document included the following:
“... the preliminary investigation in the criminal case established that on 14 November 2004 unidentified persons had beaten the applicants in the head, torso and extremities ...
When questioned about the circumstances of the incident, Mr |
Malika Byutukayeva | 42. On 17 February 2000 Malizh Byutukayeva was transferred to the Sunzha district hospital in Ingushetia, where she was diagnosed with a shell wound to the right upper part of the torso, an open fracture of the right shoulder blade and infection of the wounds. She was operated upon and remained in hospital until 11 April 2000. No documents were submitted in relation to |
Suleyman Surguyev | 43. According to the applicants, in the afternoon of 2 February 2000 three APCs arrived at the school building and several armed servicemen wearing camouflage uniforms got out. They ordered everyone to leave the basement, forced the men to stand up against a wall and searched them. Then they took |
an Unknown Soldier | 7. On 16 December 2010 the applicant, together with three other members of the above-mentioned union, made what she described as an “act of performance”, which, according to both parties’ accounts, consisted of the following. They went to the Eternal Glory Memorial to those who perished in the Second World War, which contained the tombs of thirty-two soldiers, including that of |
Ulrich Küchl | 12. Relying on sections 6 and 7 of the said Act, Mr Küchl (“the claimant”) requested compensation for defamation (üble Nachrede) and for the violation of his strictly personal sphere (höchstpersönlicher Lebensbereich) caused by the publication of the photograph and the impugned article, especially the following passages:
“‘Porn scandal. Photographic evidence of sexual antics between priests and their students has thrown the diocese of St Pölten into disarray’. ‘A painful truth: Krenn’s principal engaged in sex with subordinates, also Krenn’s private secretary and legal adviser ...’; ‘Photos showing, among others, seminarians from St Pölten in kinky situations, in some cases with their superiors ... and because they were doing it with the boss and his deputy too, it was all quite normal and they felt perfectly safe ...’; and ‘In June of the previous year principal |
Bekman Asadulayev | 50. On 30 April 2004 the investigators questioned as a witness Mr D., who at the time of the incident had held the post of acting Minister of the Interior of the Chechen Republic. Mr D. submitted that on 10 January 2004 Mr Zh. had informed him that the personal files of several police officers were incomplete. In that connection Mr D. had summoned to the MVD all police officers whose personal files did not comply with the established requirements. In the beginning of February 2004 relatives of |
Jörg Haider | 15. On 16 July 1999 the applicant company published an article on its front page of “Der Standard” which read as follows:
“Haider has breached the Constitution
According to an expert opinion commissioned by the SPÖ at the Graz University, the Regional Governor |
Dalakishvili | 150. In this connection Mr Chikviladze explained that Prison no. 5 was housed in a building that had been constructed in 1887, and that the walls were so eroded that bricks could be pulled out by hand. Mr |
Magomed-Ali Ilyasov | 72. I.Z., an officer of the ROVD, interviewed as a witness on 3 February 2003, stated that on the morning of 12 November 2002 he had learnt from his neighbours about the abduction of Magomed-Salekh and |
Vladimir Vladimirovich | 141. On 29 May 2003 and 16 December 2004 the investigating authorities had questioned Ms M.T. She gave a similar account of the events to those given by the seventh, ninth and fourteenth applicants and submitted a number of additional details. On 28 December 2002 Ms M.T., the applicants, their neighbours and Ms Estamirova had got together in the vicinity of the military unit. While Ms Estamirova had entered the checkpoint building, Ms M.T. had had a conversation with an on-duty officer, who had confirmed that on 27 December 2002 at around 4 p.m. servicemen had driven Musa and another Chechen man from the grounds of the military unit in the direction of the military base in Khankala. Those servicemen had worked in Khankala and had been temporarily assigned to the military unit. That information had been further confirmed by “Mr |
Magomed-Ali Abayev | 62. On 16 February 2007 the investigators questioned the first applicant's neighbour, Mr R.G., who stated that at the material time he had lived across the street from the first applicant's house. A federal forces checkpoint was next to the former clothing factory; the servicemen manning the checkpoint lived in the factory building. On 13 September 2000 he had been repairing the house gates. |
Sedrettin Dinar | 9. Subsequent to these events, criminal proceedings were instigated against the applicants for membership of the PKK by the public prosecutor at the Diyarbakır State Security Court, with the exception of |
the Minister for Justice | 17. On 29 November 1994, 2 February, 12 April and 22 May 1995 the applicants wrote to certain Registrars of the High Court requesting information as to when the judgment would be delivered. A response, dated 26 May 1995, stated that the trial judge could not confirm when he could deliver his judgment given his heavy commitments. Further to the applicants' letter, |
Shermandin Goderziyevich Mazmishvili | 20. In the evening of 8 July 2010 the applicant was taken to the Shuya Town Court, which started the hearing at 11 p.m. The applicant was represented by a State-appointed lawyer. The Town Court considered that the applicant was |
Helmut Elsner | 105. Several Austrian politicians, including members of parliament, high-ranking public officials, well-known public figures and persons affected by the events surrounding the BAWAG crisis commented in public on the applicant’s arrest and the criminal proceedings against him.
(1) On 3 May 2006 Mr Grasser, then Federal Minister of Finance, published a statement through the Austrian Press Agency (APA) and stated that rescuing BAWAG with public money had to be a last resort and that he had had consultations with the Trade Union Federation, the bank’s majority owner and the bank’s management on this matter. He also said that, in his view, the auditing of the bank had not been lax (zu lax). For more than ten years the irregularities could not be detected. It was also decisive, in his opinion, that within the five-tier auditing and monitoring system, the first four tiers – board of management, internal monitoring, supervisory board and external certified accountants (Wirtschaftsprüfer) – “hushed up matters deliberately” (vorsätzlich vertuscht) so that there was no possibility for the fifth tier, namely, monitoring by the state, to come into play. The effectiveness of monitoring was not the issue in point.
(2) On 5 May 2006 Mr Haider, Regional Governor of Carinthia, made a press statement entitled “Penthouse socialists must give back their luxurious dwellings!” He accused the applicant, inter alia, of squandering billions of euros belonging to the trade union bank and receiving penthouses at a ridiculous price as a reward. He further stated that “these luxury left wingers without morals or decency should give back what they have obtained illegally (was sie sich erschlichen haben) and, if need be, be forced to do so by the courts.” He also welcomed the fact that an action for eviction (Räumungsklage) had been lodged against the applicant and his wife.
(3) On 7 May 2006 Mr Leser, a university professor and well-known intellectual with close links to the Social Democratic Party, stated that he noted the “absence of any expression of guilt” by ex-director of the board of management |
Christopher Edwards | 33. The findings included the following:
(a) Ideally, if suitable beds had been available, Christopher Edwards should have been admitted to hospital for assessment under section 2 of the Mental Health Act 1983.
(b) It was a serious omission, and breach of Code C of the Code of Practice under the Police and Criminal Evidence Act 1984 (“PACE”), that no doctor had been asked by the custody officer to see |
Suleyman Surguyev | 42. In 1999 the three applicants of this application and their relatives mentioned above were living in the Stroiteley settlement in Grozny. In January 2000, when the hostilities began in Grozny, about thirty local residents, including the first applicant, |
Abdullah Öcalan | 5. On 17 November 1998 at 3.30 p.m. the applicant, a journalist working for a biweekly newspaper, was taken into custody by police officers from the Anti-Terrorist Branch of the Diyarbakır Police Headquarters along with 108 other persons. At the time of the arrest, the applicant and the other arrestees were in the Diyarbakır branch of the People’s Democracy Party (HADEP), where demonstrations and hunger strikes were allegedly being organised, in order to protest about the arrest of |
Hajili Mustafa Mustafa oglu | 20. On 25 April 2011 the deputy prosecutor of the Nasimi district prosecutor’s office issued a decision refusing to institute criminal proceedings in connection with the applicant’s complaint of ill-treatment. In his decision, after having summarised the conclusions of the forensic report and the statements given by the applicant, T.Y. and N.S., as well as S.N. and the other four police officers questioned during the inquiry, the prosecutor concluded in one sentence that the available evidence did not disclose any appearance of a criminal act. The relevant part of the decision reads as follows:
“As no appearance of a criminal act was disclosed in the material collected during the inquiry at the request of |
Burgomaster | 18. The applicant lodged an appeal against the Burgomaster's decision with the Judicial Division (Afdeling rechtspraak) of the Raad van State on 19 March 1993. In his appeal, which he detailed in a letter of 17 May 1993, he raised the same complaints as he had before the |
Mehmet Demir's | 22. On 27 July 1998, at around 7.45 a.m., two PKK terrorists raided Kışlak village. The terrorists carrying Kalashnikov rifles and a bazooka asked the inhabitants to assemble in the main square of the village. Since the villagers refused to obey the terrorists, the latter opened fire randomly for ten minutes on |
Asif Najaf oglu | 37. On 10 March 2009 the Baku Court of Appeal granted the applicant’s appeal and ordered his release. The appellate court quashed the Narimanov District Court’s decision of 27 February 2009, holding that the first-instance court had erred in extending the applicant’s continued detention. The relevant part of the decision reads as follows:
“It appears from the OCD’s decision of 22 September 2008, concerning an operational-search measure and which was added to the case file, that a decision concerning an operational-search measure in respect of Nagiyev |
Ramazan Umarov | 12. On the same date the authorities initiated criminal proceedings against Mr S.S. and Mr. M.R. under Article 222 of the Criminal Code (illegal possession of firearms). The case file was given the number 702687. The two men were subsequently questioned about the circumstances of the case; both of them stated on several occasions that they had been arrested with |
Сергей Смирнов | 23. The original Russian version is given below:
“На подмогу Тимошкову бросили лучшие силы. За столом собрались самые отъявленные мудрецы – заместитель губернатора Михаил Климов, глава городской администрации |
Beslan Baysultanov | 21. On 10 or 11 May 2000 the applicants found a handwritten note at the entry gate of their house in Ken-Yurt, saying that Beslan Baysultanov had been abducted by “Mr K.’s men”. According to the applicants, at the material time K. held the post of commander of the “West” battalion, which formed part of the Main Intelligence Directorate (“the GRU”) of the Ministry of Defence of the Russian Federation in the Chechen Republic. After that, the second applicant and her husband went to the battalion’s barracks several times to meet K. and to enquire about |
the Minister of Interior | 13. The applicant alleged that the chief of police and his deputy had informed him that his attendance was required because of his participation in the demonstration the previous day. The applicant was told that he would face a penalty of ten to fifteen days of administrative detention. He pleaded with the officers to impose a fine instead of detention in view of certain personal circumstances, such as his wife being heavily pregnant and about to give birth, and the need to care for his farm and cattle. The applicant was informed that this was impossible since the instructions temporarily to arrest all activists came from |
N.V. Prokopenko | 14. On 22 May 2006 the Sovetskiy District Court found for the claimant. It held:
“It follows from the [second assertion] that the authors of the article drew an affirmative conclusion as to the connection between the fact that the region attracts social misfits – those who abuse alcohol, are dependent [on state benefits] or end up being prosecuted – and the system of work of the senior officials named in the article: |
Ibragim Suleymanov's | 14. According to the witnesses, next to the vehicle they saw numerous bullet holes in the ground whose positioning indicated that four people had been put down on the ground and shot in the head. The applicant's other son, Mr A., found a piece of human brain; |
the Minister of Justice | 8. On 25 September 1994 the applicant applied to the Versailles Administrative Court for judicial review of certain provisions of circulars issued by the Minister of Justice on 14 March and 19 December 1986, the former relating to prisoner searches and the latter to prisoners' written and telegraphic correspondence. He submitted that the circulars contained provisions breaching the decrees and laws in force.
He complained in particular about the procedure for full body searches as laid down in the technical note appended to the circular of 14 March 1986, arguing that it infringed human dignity and thus contravened Article D. 275 of the Code of Criminal Procedure. He further objected to the fact that, with reference to Article D. 174 of the Code of Criminal Procedure, the circular afforded prison staff the possibility of using force to compel prisoners to submit to such humiliating procedures.
The applicant also complained that the circular of 19 December 1986 defined “correspondence” as “written communication between two named persons, as distinct from bulletins, letters, circulars, leaflets and printed matter, whose content does not specifically and exclusively concern the addressee”. He argued that that definition, based on the content of the document, was at variance with freedom of correspondence as enshrined both in domestic law – which did not limit the number of letters that could be received and sent by convicted prisoners and other detainees and guaranteed them free choice as to their correspondents – and in Articles 9 and 10 of the Convention. In his view, it thereby introduced restrictions not envisaged by the law and conferred an arbitrary power of censorship on prison governors. He added that by depriving those held in punishment cells of the possibility of corresponding with their friends or relatives and prison visitors, the circular imposed more restrictive conditions than those laid down in Article D. 169 of the Code of Criminal Procedure, which simply provided for restrictions on correspondence.
The applicant stated that the management of Fleury-Mérogis Prison had regularly sent him to the punishment block because of his refusal to open his mouth during full body searches in accordance with the first of the above-mentioned circulars. He added that on 28 June 1993 the prison governor, referring to the second circular, had refused to dispatch a letter the applicant had written to a friend in another prison – supplying information to assist him in applying for release on licence – on the ground that the letter did not “correspond to the definition of the concept of correspondence”.
In an order registered on 21 November 1994 with the secretariat of the Judicial Division of the Conseil d'Etat, the President of the Administrative Court transmitted the application to the Conseil d'Etat. On 8 December 2000 the Conseil d'Etat gave the following judgment:
“As to the circular of 14 March 1986 issued by |
[Zayndi Ayubov] | 70. On 24 March 2006 the President of the Parliamentary Committee for Security and Law Enforcement wrote to the military prosecutor of the United Group Alignment (“the UGA”) and the head of the Chechnya FSB. The relevant parts of the letter read as follows:
“[We] have been receiving new complaints from residents of the Chechen Republic concerning the unlawful actions of officers of law-enforcement agencies ... during the conduct of special and targeted operations in populated areas of Chechnya.
Thus, on 17 March 2006 |
Arbi Karimov’s | 79. According to the Government, on unspecified dates the investigators also requested information about the disappearance from various State authorities, including a number of district departments of the interior in Chechnya and other units of the Ministry of the Interior, the Grozny department of the Federal Security Service (the FSB), various military commanders’ offices in Chechnya, the military prosecutor’s office of military unit no. 20102, the military prosecutor’s office of the UGA, a number of penitentiary institutions in Chechnya and the neighbouring regions, the prosecutors’ officers of various levels, various detention centres in the Northern Caucasus and the archives of the Northern Caucasus Military Circuit. According to the responses received from these agencies, they did not have any information about |
Musa Gaytayev | 10. On the night of 23 to 24 January 2003 the applicants and Musa Gaytayev were sleeping at home. At about 2 a.m. around twenty men parked two “Ural” trucks about 150 metres away and came to the house on foot. They were all in camouflage uniform and some were also wearing balaclava masks; they were armed with machine guns. The applicants inferred that the men belonged to the Russian military. The servicemen knocked at the door and demanded access to carry out a check. As soon as the applicants opened the door, the men rushed into the rooms without identifying themselves or giving any explanations and forced all the adult male members of the Gaytayev household outside, into the courtyard. The second applicant was ordered to lean against the wall while standing barefoot in the snow; the third applicant was told to lie down. Their documents were checked; some of them were seized, including the identity papers of the second and third applicants and their vehicle documents. At the same time the servicemen apprehended |
Joseph O'Dowd | 6. The first applicant Bernard O'Dowd, who was born in 1923 and lives in Drumnee, County Meath, Ireland, was the father of Barry O'Dowd and Declan O'Dowd. The second applicant Michael Gabriel O'Dowd, who was born in 1951 and lives in Bleary, was the son of |
Prince Albert | 18. The second photo, which appeared in issue no. 9/03 of 20 February 2003, shows the applicants out for a walk in St Moritz. The caption says: “Ernst August von Hannover and his wife, Princess Caroline of Monaco, enjoy the sun and snow in St Moritz.” A small photo of |
Mamed Bagalayev | 59. On 18 August 2003 the district prosecutor requested that the military prosecutor of military unit no. 20116 provide him with an officer to assist in the investigation of the criminal case. The text of the letter included the following:
“... taking into account that there are sufficient grounds to believe that the crime [against |
Yiannis Tsiakkourmas | 74. Detective Sergeant P.P., a Greek Cypriot, was the chief investigating officer appointed by the SBA police to investigate the first applicant’s alleged abduction. He stated that at approximately 6.30 a.m. on the morning of 13 December 2000, he had seen |
Suren Muradyan | 30. On 11 September 2002 the post-mortem examination was completed and its results were sent to the Hadrut Garrison Military Prosecutor’s Office. The relevant parts of forensic medical expert M.B.’s conclusions read as follows:
“External examination of the corpse. ... Injuries: There is an abrasion measuring 0.8 x 0.6 cm on the right side of the forehead, which is located lower than the surrounding skin and has a dark red surface. ...
Internal examination of the corpse. ... In the thickness of the muscles in the area of the left side of the abdomen, in the projection of the spleen, bruising measuring 10 x 9 cm was discovered...
The blood sample taken from |
Carlo Giuliani | 27. Police forces stationed on the other side of Piazza Alimonda intervened and dispersed the demonstrators. They were joined by some carabinieri. At 5.27 p.m. a police officer present at the scene called the control room to request an ambulance. A doctor who arrived at the scene subsequently pronounced |
de Menezes’ | 116. The coroner also included in his Ruling a list of proposed questions which would be left to the jury and which required responses of “yes”, ”no”, or ”cannot decide”. Having heard the parties’ submissions, on 1 December 2008 he finalised the list of questions to include questions of fact concerning the events in the train carriage and questions concerning the factors which had contributed to Mr |
Kolesnichenko | 16. On 3 March 2004 the Sverdlovskiy District Court of Perm dismissed the applicant’s complaint, finding as follows:
“The judicial decision of 12 February 2004 authorised a search of the flat in Gorky Street. It follows from the [investigator’s] application for a search warrant and the judicial decision that the search was necessary because there were sufficient reasons to believe that certain objects relevant to the criminal case could be found at the advocate Mr |
V.B. Akimova | 16. On 7 April 2005 the Court of Appeal delivered a judgment identical to the Supreme Court's decision of 13 December 2002. It ruled that H. should vacate the applicant's apartment. It further held as follows:
“... the claim of |
Zovrbek) Umarov | 6. The first and second applicants are the mother and the sister of Mr Sharpudi (also spelled as Sharpuddi and Sharpudin) Mukhtarov, who was born in 1975. The third and fourth applicants are the parents of Mr Zaurbek (also spelled as |
Hacı Velioğlu | 20. The plaintiffs and the plaintiffs in the counter-claim, including the applicants, alleged that plot no. 726 had belonged to Salih Paşa and had been inherited by his heirs. Therefore, neither the Treasury nor other persons had a claim to it. In this connection, they stated that plot no. 1 in Seyrekköy and plot no. 726 in Maltepe had belonged to Salih Paşa and |
Marija Parlov-Tkalčić | 9. On 10 September 1993 judge M.M., who was at the time the President of the Zlatar Municipal Court, filed a criminal complaint against the applicant with the Zlatar Municipal State Attorney's Office considering that she had committed a criminal offence. M.M. stated in his complaint that at the beginning of July 1993 a certain Z.F.C., a lawyer employed with the insurance company C.O., had come to his office explaining the clerical error in the Municipal Court's judgment of 15 March 1993 and asking him to influence the applicant – who was working at the time as an advocate – with a view to returning the unlawfully obtained amount. After explaining the error and mentioning that it had been rectified by the Municipal Court's decision of 2 July 1993, judge M.M. stated:
“... despite the rectification of the judgment, the advocate |
Pasternatsky | 8. On the same date the applicant complained to the duty officer that he was experiencing acute abdominal pain. At 10 p.m. an ambulance was called and he was transferred to Kharkiv City Hospital no. 17 (“hospital no. 17”). Upon admission, the applicant stated that he had fallen onto a concrete floor on 3 May 2005. His state of health had been classified as being of medium gravity. His initial medical examination revealed no visible bodily injuries. The applicant had an abdominal distention, felt moderate pain in the left part of his midabdomen and kidney region (“positive” |
Ibragim Tsurov’s | 23. On 18 January 2004 the Department of the FSB of the Republic of Ingushetia informed the second applicant that the FSB had no jurisdiction to investigate his son’s disappearance and that they had no information on |
Khava Ustarkhanova | 46. Between 5 and 19 March 2003 the investigators questioned eight residents of Achkhoy-Martan and on unspecified dates they questioned a further twenty residents of Achkhoy-Martan, all of whom provided similar statements concerning the abduction. None of them had witnessed the abduction; all of them had found out from their fellow villagers and |
Shuddi Kursoltovich Dolsayev | 8. The first and second applicants were married. They were the parents of Beslan Kursoltovich Dolsayev, born in 1974, Mr Rizvan Kursoltovich Dolsayev, born in 1977, Mr Rizavdi Kursoltovich Dolsayev, born in 1978, and Mr |
Magomed Dzhabayev | 58. On 8 April 2004 the Basmanniy District Court of Moscow dismissed the applicant’s claim for damages. The court noted that, according to a certificate of an investigator of the Grozny Prosecutor’s Office, enclosed in the case file, on 10 March 2000 officers of the Oktyabrskiy VOVD and servicemen of the federal forces, in the course of the counter-terrorist operation in the Chechen Republic, had apprehended Mr |
Aslan Ireziyev | 27. On 18 August 2003 the Shali district prosecutor instructed the investigators to establish, amongst other things, whether any law enforcement agencies or military structures had carried out a special operation against Mr |
Savaş Buldan | 45. The Report analyses a series of events, such as murders carried out under orders, the killings of well-known figures or supporters of the Kurds and deliberate acts by a group of “informants” supposedly serving the State, and concludes that there was a connection between the fight to eradicate terrorism in the region and the underground relations that formed as a result, particularly in the drug-trafficking sphere. In the Report, reference is made to the killing of the applicant's brother:
“All the relevant State bodies were aware of these activities and operations. ... When the characteristics of the individuals killed in the operations in question are examined, the difference between those Kurdish supporters who were killed in the region in which a state of emergency had been declared and those who were not lay in the financial strength the latter represented in economic terms. These factors also operated in the murder of |
Sergeant K. | 31. Sergeant K. testified that he had entered the house and had been speaking to Mr Angelov's grandmother and another woman when he heard Major G. shouting at Mr Angelov and Mr Petkov to stop. In the house, he had noticed that a window pane in the room overlooking the yard had been broken. He had been on the verge of leaving the house when he heard shooting coming from behind the house. On his way to the yard he had met Major G., who had told him that the fugitives had been wounded. |
Sandro Girgvliani | 80. On 8 March 2006 L.B.-dze, with no lawyer present, was called to identify the “fourth man”, who had arrived last at the cemetery. According to the video recording of this investigative measure, among the four men in the line-up to be presented to L.B.-dze, O.M.-ov took the third position from the left. The public prosecutor then invited L.B.-dze into the room and asked him to look carefully at the four men. L.B.-dze hesitated before saying: “I can’t be 100% sure ... the man must have been bigger, but I don’t know..., I don’t recognise, let’s say, going by the face..., I could say it was the second man from the left, or the third from the left.” The public prosecutor replied: “So you do not recognise any of these four people for sure.” L.B.-dze explained that he did not “recognise anyone for sure, but the two men he had picked out looked like the assailant who had arrived last at the cemetery”. The public prosecutor then invited him to write the report, including sentences he dictated to him: “Among the four individuals presented to me, I am unable to identify anyone as the individual who on 28 January 2006 committed the unlawful acts against me and against |
Mustafa Küçük | 52. Several witnesses told the Delegates that the soldiers who burned the houses had operated in groups. The Commission observed in this respect that teams made up of members of various commando units were active inside the town on the morning of 23 October. According to the commando unit commander |
Sergey Lykov | 22. At the same time, the investigator noted the statements made by P., to the effect that:
– between noon and 1 p.m. on 9 September 2009 he and Sergey Lykov had been in the city centre when police officers approached, introduced themselves and asked him [and |
Subocheva Olga Zakharovna | 14. On 26 December 2006 the applicant submitted that she intended to pursue her application before the Court. She claimed that on 19 June 2006 the Administration had invited her to sign an agreement. According to the applicant, the Administration forced her to sign the agreement by saying that if she did not sign it, she would not receive the amount awarded by the judgment of 29 December 2003. The applicant submitted to the Court a copy of the agreement of 19 June 2006 signed by her and the head of the Administration. Its relevant part, as translated from Russian, provides as follows:
“ |
Zelimkhan Kagirov | 65. On 23 January 2006 the investigators questioned Khavazhi Aliyev’s father, Mr L.A., who stated that his son had been abducted on 16 July 2003 and then detained together with Zelimkhan Latayev and |
the Director of the | 36. The Minister of Justice – Prosecutor General, Mr Z. Ziobro, stated in respect of the charge of homicide:
“Life often writes the most brutal scenarios. The facts which the service headed by Minister Kamiński [the CAB] succeeded in unveiling are truly shocking. What we are seeing here was not limited to cynical abuse of human feelings, emotions and the affection of close relatives for their loved ones who were ill, and the exploitation of those feelings. Extorting money, robbing people not only of money but also of hope‑often, even when the hope was not really there, the money was still extorted. And not only that, the evidence shows that what could happen here is more than just massive corruption and gross negligence and medical malpractice. One of the charges made by the prosecution is that of homicide in one of the cases which the Minister Kamiński referred to me. ...
Initially (...) I did not believe it. I could not get it into my mind that in the health service, in a very well known clinic, a very well known and, at least until recently, universally respected cardiac surgeon and professor could perpetrate shameful acts of this sort. But when I began to find out what evidence had been gathered by the CAB, and later also by the prosecutors, I changed my mind. I have changed my mind and, unfortunately, I am more and more overcome with sadness, but we can see this unfortunately sad discovery of the truth as an important event in the true sense of that expression, in that no-one else will ever again be deprived of life by this man (już nikt nigdy przez tego pana życia pozbawiony nie będzie). Ladies and Gentlemen, at the present moment I have one substantiated case indicating with high probability a possible homicide, and in this connection a charge based on Article 148 [intentional homicide] of the Criminal Code was made. Other cases where the circumstances of patients’ deaths are unclear are obviously also being examined. We don’t prejudge the character of those events. Ultimately, the court will decide the case; nonetheless, what we have already established and gathered as evidence at the present moment is truly shocking ...
I would like to emphasise once again, that as the Prosecutor General, the person who directly supervised this case from a certain moment, I regard very highly the professionalism of the CAB’s officers, the professionalism of the prosecutors, thanks to which we succeeded in gathering strong evidence, which is rare and which definitely shows that we were dealing with a long-lasting criminal activity. ...
If you will permit me, in respect of the charge of homicide, the [applicant’s] cynicism is demonstrated by the fact that where we can see from the evidence in our possession that a man [patient] was de facto sentenced to death, that did not prevent this gentleman [the applicant] from demanding a bribe from his close family, and as the family were poor, they had no possessions, they were farmers, he suggested that they sell their cow so as to have money purportedly to save their dear father. And how he went about saving [that patient] finds its expression in Article 148 of the Criminal Code, so I think that this example very [well] illustrates the attitude, the lofty morals of this virtuoso, as some media have called him. ...
I wanted to stress that |
Elbek Tashukhadzhiyev | 12. The Government did not challenge most of the facts as presented by the applicant. With reference to the contents of the criminal investigation file, but without providing copies of the relevant documents, the Government submitted the following:
“In the morning of 9 February 1996 |
Giuseppe Sannino | 13. The record of the hearing on 2 November 1999 mentions that the applicant was present, which the applicant himself denies. He states that he attended his trial for the last time on 5 May 1999 and that after the adjournment of 16 June 1999 he was not notified of the date of the next hearing (2 November 1999). A notice of hearing had in fact been issued to a person who did not have authorisation (persona non abilitata) to receive notices. The Government produced a note (relata di notifica) before the Court, drawn up by a court bailiff, according to which notice of the hearing on 2 November 1999 had been served personally on 23 July 1999 on a person identifying himself as |
Akhmed Shaipov | 52. On 21 November 2005 the investigators requested information on Akhmed Shaipov’s arrest from all departments of the interior in the Chechen Republic. From the replies received it followed that no criminal proceedings against |
Musa Ilyasov | 55. On 5 September 2002 the second applicant was granted the status of victim in connection with the proceedings in case no. 59232 and was questioned. He stated that at about 4 a.m. on 11 August 2002 unidentified persons wearing masks and camouflage uniforms and armed with submachine guns had entered his courtyard. |
St John Stevens | 41. He concluded: 25. These passages in the record suggest that, so far from being uncaring or cavalier about Mr Ebanks’ views, instructions and interests, Mr St John Stevens was careful to consult his client whenever appropriate. It would make absolutely no sense to suppose that when he had taken care in these relatively minor matters, he had simultaneously been riding roughshod over Mr Ebanks’ views as to whether he should give evidence. Moreover, it is extremely difficult to see why counsel would have deliberately flouted a desire on Mr Ebanks’ part to give evidence when the lack of any evidence from him was likely to cause potential difficulties, especially in the voir dires. In these circumstances, their Lordships are satisfied that, although counsel culpably failed to have the matter recorded at the time, they can accept the evidence of Mr McGrath and Mr |
İrfan Ağdaş | 12. On 13 May 1996, at about 8.00 p.m., three plain-clothed police officers from the anti-terrorist branch of the Istanbul Security Directorate, who were patrolling the Alibeyköy neighbourhood in an unmarked car, approached four suspects in order to carry out an identity control and a body search. The suspects, among whom was the applicant’s brother, |
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