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Machiavellian | 7. On 29 September 2006 the newspaper published an editorial written by the first applicant entitled “The strategy of the spider” (“A estratégia da aranha”); the editorial addressed the election of the President of the Supreme Court of Justice, which had taken place the day before. The article expressed the first applicant’s opinion of the newly elected President, Judge N.N., and on what his election meant for the Portuguese judicial system. The first applicant’s editorial reads as follows:
“The strategy of the spider N.N., the man who will be presiding over the Supreme Court, represents the dark side of our judiciary.
Do you want a symbol, a representative, an exemplar of the wrongs of the Portuguese judicial system? That’s easy: simply mention the name of N.N. and all the wrongs you can think of regarding corporatism, conservatism, atavism, manipulation, games of shadows and influence immediately spring to mind.
The judge – because we are talking about a judge – is a man as intelligent as he is |
Shchiborshch | 44. On the same date an examination was conducted of the knife with a plastic handle seized from Mr Shchiborshch’s flat on 7 July 2006. According to report no. 2814, the blood on the knife could have belonged to either Mr |
Levon Gulyan | 40. On 6 June 2008 the Kentron and Nork-Marash District Court of Yerevan allowed the appeal and ordered that the case be resumed. The District Court held that the investigator’s decision had been unfounded and violated individual rights and that no proper investigation had been carried out and a number of important circumstances had not been established. In its decision, reasoned in detail, the District Court found, inter alia, that: (a) the investigating authority had failed to determine the lawfulness of taking |
Abdullah Öcalan’s | 6. On 29 and 30 April 2004 the newspaper Ülkede Özgür Gündem published two interviews with the applicants. The interviews contained the applicants’ statements following meetings with their client, Abdullah Öcalan, in prison. The first interview was included in two articles in the issue of 29 April 2004 entitled “Lawyers convey Abdullah Öcalan’s opinions concerning developments within the KONGRA-GEL[1]” and “The pain of change”. The second interview published on 30 April 2004 was entitled “Abdullah Öcalan is an opportunity for Turkey” and “ |
Stariye Atagi | 41. The ninth applicant submitted that she was able and ready to identify two officers who had apprehended Mr Adlan Baysarov. One of them had a moustache. She also submitted that on 11 March 2002 Mr G., the head of the administration of |
Michael Fitzgerald | 72. Officers B and Wright as well as Superintendent Battle were interviewed in the course of the investigation. The other officers who attended the scene or had a part to play in the incident made witness statements outlining their roles and responsibilities. The civilian employees of Bedfordshire Police also made witness statements, as did members of the public including the family of |
Suleiman Demirel | 15. A further article by the second applicant, dated 27 January 1993 and entitled “Aloneftis’s newspaper, casinos and missiles”, stated:
“A Cypriot newspaper, to which the Minister of Defence Mr Aloneftis is transmitting poppycock [σπερμολογίες, literally, spermologies] against the newspaper Alithia, published the following in its edition of 26 January:
‘Recent publications, appearing on a daily basis for the few last weeks in a morning daily newspaper, have prompted a threatening statement from the Turkish Prime Minister |
Sergey Lykov’s | 34. On 18 April 2011 the Leninskiy District Court of Voronezh upheld the contested decision. In its reasoning, the court reiterated the arguments set out in the investigator’s decision and considered that the investigation had been complete and thorough. In response to the applicant’s arguments, the court expressed the opinion that a handwriting analysis was unnecessary, since the deceased’s family had confirmed the handwriting’s authenticity. Equally, a DNA examination of samples from the gas mask was unnecessary, since |
Mokhmad Mudayev | 5. The applicants were born in 1950 and 1948 respectively. They live in Raduzhnoye, in the Grozny district, Chechnya. The applicants are the father and aunt of Aslan Mudayev, who was born in 1985, and |
Knight Wendling | 42. The explanatory memorandum contained summaries of studies – additional to that undertaken by the NS in 1991 – that had been commissioned by the government, namely a study on the macro-economic and social effects by |
Barry Burton | 44. The minutes of the meetings of the Divisional Internment Review Committee (DIRC) referring to the applicants read as follows:
DIRC minute dated 27 July 2004
“UK SofS [Secretary of State] is concerned about the death penalty and the [Iraqi] prosecutor is not sure that there is a realistic prospect of conviction as the offence happened too close to the actual hostilities. Negotiations are continuing at a high level.”
DIRC minute dated 31 August 2004
“Referred to SofS over proposed transfer to CCCI [Central Criminal Court of Iraq] because the death penalty might be imposed. There has now been a case conference between prosecutor, MoJ [Iraqi Ministry of Justice] and FCO legal [United Kingdom Foreign and Commonwealth Legal Advisers].
CCCI is still considering whether to take the case. Comd [Commander] Legal will chase SofS and progress from CCCI.”
DIRC minute dated 28 September 2004
“A case conference was held in Baghdad on 24 Sep 04. This has convinced the prosecutors that there is a good case. However they have cold feet about prosecuting it as the matter is so high profile. Legal Branch will be considering with SBMR-I [Senior British Military Representative – Iraq] POLAD [Political Adviser] how to proceed; we may have to bring a prosecutor or assistant out from UK.”
DIRC minute dated 19 October 2004
“S03 Legal [a military legal officer] has asked ALS [Army Legal Service] Brig Prosecutions to look into establishing a new post in Baghdad for an ALS officer to assist with the prosecution of this case. The requirements will be discussed between S03 Legal and the US JAG [Judge Advocate General] liaison team to the CCCI when S03 Legal attends Baghdad on Thursday 21 Oct 04.”
DIRC minute dated 2 November 2004
“SIB [Royal Military Police Special Investigation Branch] have now completed final interviews, which have not progressed the case in any material way. Discussions between Legal Branch, SBMR-I POLAD and DALS [Directorate of Army Legal Services] are ongoing reference the bid for an ALS officer/civilian lawyer to assist with the prosecution of this case. S03 Legal [British military legal officer, Capt HRB Mynors] will go to Baghdad from 03 to 05 Nov 04 to begin to assess the paperwork and decide what further work is needed and how long it will take, in order better to decide on the requirement for the assistant prosecutor.”
DIRC minute dated 9 November 2004
“S03 Legal visited Baghdad to consider the requirements for a CCCI LO [Iraqi Central Criminal Court Legal Officer]. The [deleted] Case is almost ready to take to court but the EOD [explosive ordinance disposal] case ... will need a significant amount of work. The decision over who will take on these cases has been staffed back to Brig ALS Advisory. |
Ruslan Pareulidze | 122. On 20 February 2004 the investigators questioned the neighbourhood police officer who had participated in the search which followed the abduction. He submitted that on 7 October 2004 he had accompanied a group of the FSB officers who intended to check the registration documents of two families, including that of Ms M.M. When they had arrived at the latter’s address he had remained outside. The FSB officers had entered the house and left it shortly thereafter. Then they had moved to another address and found a large secret store of weapons. According to rumours, the location of that store had been disclosed by Mr |
Saydi Malsagov | 63. On 26 December 2004 the district prosecutor’s office sent requests for information concerning Saydi Malsagov to a number of remand prisons in different regions of Russia, including remand prison IZ-20/2 in Chernokozovo. On the same date they requested information on |
Rosenstingl | 12. In the Regional Court’s view, the incriminated passage meant that Mr Stadler already new of Mr Rosenstingl’s fraudulent transactions before November 1997. However, having regard to the evidence adduced in the criminal proceedings against Mr |
the Director of | 7. On 1 July 1996 the Security Protection Act (Säkerhetsskyddslagen 1996:627) and the Security Protection Ordinance (Säkerhetsskyddsförordningen 1996:633) entered into force, on the basis of which, in 1998 Air Inn requested that the CAA run a security check, including a check of registers, on the applicant. The CAA had to request the National Police Board (Rikspolisstyrelsen) to check the registers. Thereafter, the National Police Board had to turn over the case, including the information found, to the Records Board (Registernämnden). The latter decided to communicate to the CAA that the applicant had been convicted of assault twice, in 1979 and 1998, respectively. The Records Board’s decision included the date of the judgments, the case numbers, the name of the district court, the criminal offences of which the applicant had been found guilty and the sentences imposed on him. The judgments, which were public and available at the relevant district court, were not enclosed with the decision. Subsequently, at a meeting with Air Inn and |
A.S. Kalugin | 49. On the same date (14 March 2012) the deputy Chechnya prosecutor also ordered that the criminal case file be sent to the Chechnya Investigations Committee for further investigation. The decision criticised the investigators’ failure to take basic steps and stated, amongst other things, the following:
“... at the same time, the investigation established that the shooting had been aimed at them [the applicants, Mr M.R., Mr R.M. and Mr D.] and had been carried out with automatic firearms simultaneously, from the same place next to the forest; as a result [the applicants] had received gunshot wounds of varying gravity and [Mr D.] had been shot dead.
Therefore, the above information provides grounds for concluding unequivocally that the unidentified person had the clear intention of killing [the applicants and Mr D.]; ... thus, the actions of the unidentified person should be deemed to constitute murder under parts 1 and 2 (subparagraph “a”) of Article 105 of the Russian Criminal Code, and the case file in respect of criminal case no. 30471 should be transferred to the Chechnya Investigations Committee for investigation and joined with criminal case no. 60012 [concerning the killing of Mr D.].
In addition, up until the present, no request for information concerning the exact place where military unit no. 546262 was stationed has been sent. Neither has any request for information concerning the possible stationing of a military unit next to Savelyevskaya in the Naurskiy District been forwarded.
The military commander of the Naurskiy District, officer |
Visita Shokkarov | 63. On 19 August 2003 the investigators granted the third applicant victim status in the criminal case and questioned her. The applicant stated that on 6 January 2003 her relative Visadi Shokkarov and another man had been taken from the camp in Ordzhenikidzovskaya by armed masked men to the Sunzhenskiy ROVD in Ingushetia. After that she, her husband Visita and other relatives had gone to the ROVD to find out the reasons for Visadi’s arrest. Near the ROVD her husband Visita had been approached by two men, who had come out of the ROVD building. They had taken Visita into the police station. The applicant had attempted to follow Visita, but she had been stopped at the entrance by the deputy head of the ROVD, Mr I.M., who had told her that Visita had been taken in for questioning and would be released shortly afterwards. The applicant had seen through a crack in the fence that her husband Visita and his brother Visadi had been put by police officers into a UAZ car and after that the car had driven away. After that the ROVD policemen had told her that Visita had been taken from the ROVD to Znamenskoye, in the Nadterechniy district, Chechnya, by representatives of the Chechnya FSB. On the seventh day after Visita’s abduction, the applicant and her relatives had gone to Znamenskoye, where the investigator of the Nadterechniy prosecutor’s office Mr V.P. had informed her, having been in touch with the local branch of the FSB, that on the third day after the arrest |
Bojan Vučković | 28. On 19 May and 2 June 2008, on the premises of the Niš Penitentiary, the investigating judge of the Niš Municipal Court heard the following applicants: Mr Zoran Marković, Mr Dejan Stojanović, Mr Nenad Đokić, Mr Ivan Gajić, Mr |
Rachel Lambert | 14. As Vincent Lambert’s carers had observed increasing signs in 2012 of what they believed to be resistance on his part to daily care, the medical team initiated in early 2013 the collective procedure provided for by the Law of 22 April 2005 on patients’ rights and end-of-life issues (the so-called “Leonetti Act” – see paragraph 54 below). |
Viktor Maksutovich Tuleshov | 6. The applicants are members of one family. Mr Maksut Netkaliyevich Tuleshov, born in 1953 (the first applicant), and Mrs Aslganym Kalikovna Tuleshova, born in 1955 (the second applicant), are husband and wife; Mr |
Muslim Saydulkhanov | 33. On 28 May 2004 the investigators questioned the applicant who stated that on 13 January 2004 her son, Mr Muslim Saydulkhanov, had gone to work. However, the next day her husband had found out that Mr |
Judith McGlinchey | 10. Judith McGlinchey had a long history of intravenous heroin addiction and was asthmatic, for which she had been admitted to hospital on six occasions during the previous year.
It is purported that |
Aslambek Adiyev | 98. Throughout the proceedings the applicants complained to various authorities about the abduction and requested assistance in their search. They wrote in particular to the Special Envoy of the Russian President in the Chechen Republic for rights and freedoms in December 2002; to the Chechnya Prosecutor’s Office and the military prosecutor’s office of military unit no. 20102 in March 2003; to the Shali district prosecutor’s office in February and April 2004; to the military prosecutor’s office of military unit no. 20116 in June 2005; to the Shali district prosecutor’s office in February 2006; to the military prosecutor’s office of military unit no. 20116 and to the Chechnya Prosecutor’s Office in November 2006; and to the Chechen Government in August 2008. 5. Application no. 30327/09, Adiyeva and Others v. Russia
(a) Abduction of |
Voskoboynikov | 96. In a letter of 28 February 1998, addressed to the Prosecutor General’s Office, the applicant stated that he had been detained in Khmelnitskiy Prison since 13 March 1995 and that he had never been subjected to inhuman or degrading treatment. He also stated that he was satisfied with the conditions in which he was detained and that he had no complaints against the prison administration.
He mentioned a letter from his representative, Mr |
Mehmet Sıddık Aslan | 53. The finding that Şahbaz Aslan had a difficulty in moving his arms and that there was tenderness on his back could have resulted from “hanging by the arms”. By the time of the medical examination, certain lesions could have healed and the visual examination might not have been sufficient to identify the alleged trauma. In the absence of a sufficient examination, it was considered that the allegations matched the findings in the medical report.
g) |
Lema Khakiyev | 120. The Government stated that the investigating authorities had sent queries to various State bodies, asking them to provide information concerning Lema Khakiyev’s abduction and any special operations which might have been conducted in the settlement of Michurina on the night of 21 August 2002. In their letters different district departments of the interior stated that “on the night of 21 August 2002 |
Shchiborshch | 69. In response to questions put in the course of that interview, the first applicant submitted that he did not believe that on 7 July 2006 Mr Shchiborshch had posed a real danger either to him or to the police. However, the assistance of the police was required in order to place Mr |
Elbek Tashukhadzhiyev | 34. On 15 June 2004 the military prosecutor’s office of the Northern Caucasus Military Circuit informed the applicant, amongst other things, of the following:
“... the military prosecutor’s office of the Budennovsk military garrison investigated the criminal case against Major A.Z. of military unit no. 74814, who was suspected of murdering |
Temergeriyevs’ | 79. On 17 July 2003 the town prosecutor’s office stayed the investigation in case no. 40007 on account of the failure to identify the perpetrators. The decision stated as follows:
“... The preliminary investigation established that on 27 December 2002 at about 10.20 a.m. unidentified armed and camouflaged servicemen of the 2nd battalion of military unit no. 3186 had unlawfully entered the |
Jovan Janjić | 9. After the extensive information campaign explaining the available options for the settlement of the Republika Srpska’s public debt (including its debt arising from domestic judgments), between 31 March 2008 and 26 May 2009 the applicants informed the authorities that they agreed to be paid only the legal costs in cash and the principal debt and default interest in bonds. Government bonds were then issued on the following dates:
(i) on 7 October 2010 to Mr |
Nurettin Bülbül | 39. The trial court considered that the police officers, who had been facing two persons armed with weapons and bombs in a confined place, could not have been expected to fire at non-life-threatening parts of Mr Arslan's body. It therefore held that |
Von Hannover | 31. Relying on Article 10 of the Convention and citing the Court’s case-law, the applicants also argued that the public had the right to be informed, and that this right extended to information concerning the private life of certain public figures. They considered, in particular, that the Court’s decision in |
I. Geraschenkov | 7. The newspaper Bryanskoye Vremya (Брянское время), in issue no. 30 of September 2004, published an article entitled “Textbook for an Alchemist” (“Учебник для алхимика”). The article discussed the shortage of textbooks in schools and problems related to their publication and supply. In particular, the article mentioned a “mysterious” publisher of textbooks which it linked to the dismissal of the then head of the Bryansk Department of Education, |
the Minister of | 14. In 1976 the Cholargos District Council rejected the association’s application for an altitude study. Further, the Minister of Agriculture requested that the Minister of Public Works revoke the 1966 Royal Decree whereby the planning zone had been extended to the land owned by the first applicant, for the reason that it had been issued without the assent of the Ministry of Agriculture even though the area “was a forest”. In 1978 |
Khava Rasayeva | 9. The servicemen left, taking Ramzan Rasayev with them and saying that he would be back shortly after an additional document check. Apparently they were taking him to the “filtration point” on the outskirts of Chechen-Aul. The second applicant and |
Dmitri Gashkov | 22. At some time between approximately 2.10 and 2.15 p.m. the Commissioner entered the foyer which gives access from the street to the meeting place, holding a child by the hand. The applicant Mr Setdarberdi Oregeldiev, who is profoundly deaf but has no speech impairment, was the attendant on duty. He went out into the foyer to greet the Commissioner and the child and show them to a seat. Realising that the visitor was not deaf, another applicant, Mr |
Balavdi Ustarkhanov | 36. On 31 January 2003 the investigators questioned Mr Makhadi M., who stated that he lived at 72 Shkolnaya Street in Zakan-Yurt; the household comprised two dwellings in one yard: his house and the house of his nephew, Mr Magomed M. At the end of December 2002 |
Iznovr Serbiyev | 10. The third and fourth applicants are the mother and brother of Iznovr Usamovich Serbiyev, born in 1967. Iznovr Serbiyev was the youngest of the third applicant’s eight children, and lived with her at 62 Arsanova Street in Novye Atagi. He was married and the father of three minor children. After completing his service in the Soviet army in 1987, he graduated from university with a degree in economics. However, he could not find work in this field, and supported his family by working as a car mechanic in Novye Atagi. |
Viktoriya Yuryevna | 9. On 19 April 2005 the Dzerzhinsky District Police of Kharkiv arrested the applicant at her mother’s home address and drew up an arrest report, the relevant parts of which read as follows:
“Investigator ... L., on 19 April 2005 at 15:00 in accordance with Article 115 of the Criminal Procedure Code of Ukraine detained, on suspicion of the commission of a crime: Korneykova |
Asayiş Tim Komutanı | 10. According to the information in the case file, the applicant was still in a critical condition on the morning of 15 October 2008. Nevertheless, at 3 p.m. on that day, he was interviewed by two gendarme officers in the office of the security team commander ( |
Giles Van Colle | 15. On 13 October 2000 Mr Brougham also telephoned Giles Van Colle at his practice and said words to the effect: “I know where you live. I know where your businesses are and where your parents live. If you don’t drop the charges you will be in danger”. A customer of Giles Van Colle present when the call came through later gave evidence to the High Court that |
Kharon Khumaidov | 12. According to the Prosecutor’s Office of Russia, it was established that at about 11 a.m. on 13 February 2002 unknown armed men wearing military camouflage uniforms had arrived at the Khumaidovs’ household and kidnapped Magomed and |
Van den Heuvel | 19. The confrontation between Moravia Ramsahai and Officers Brons and Bultstra was observed from nearby by only a single witness, Mr Petrus van den Heuvel, who was able to follow the incident from the fifth-floor walkway of the Huigenbos building. However, when he saw pistols being drawn, Mr |
Zehra Delikurt | 9. Finally, Ms Zehra Delikurt stated that she was not a member of the TKP/ML‑TIKKO-TMLGB. She denied the allegation that she had written slogans in favour of the TKP/ML-TIKKO on the walls of schools in Ankara. When she was shown a photograph in which she was allegedly carrying a picture of the general secretary of the TKP/ML-TIKKO, Ms |
Islam Reshidov | 151. On 21 December 2004 the first applicant lodged an abduction complaint with the Chechnya prosecutor. She stated that Mr Usam Reshidov had left home on 7 December 2004 and had not come back, and that Mr |
Hüseyin Koku’s | 49. On 26 June 1995 the Chief Public Prosecutor of Elbistan sent to the Ministry of Justice’s International Law and Foreign Relations Directorate (hereinafter “the Directorate”) a letter in which reference was made to information sent to the Ministry previously. This letter informed the Directorate of the discovery of |
Leszek Kwiecień | 7. The Head of the Dzierżoniów District Office was Mr S.L., who was due to stand for election to the district council (rada powiatu) in the local elections scheduled for 11 October 1998. On 21 September 1998 the applicant sent Mr S.L. an open letter calling on him to withdraw from the election. The applicant sent copies of his letter to the Wałbrzych Governor, the Wałbrzych Regional Assembly, the Dzierżoniów Municipal Council, local mayors, the Prime Minister's Office and a number of local newspapers. A thousand copies of the letter were to be made available to local inhabitants. According to the applicant none of the newspapers published the letter.
“Open letter
Mr S.L.
Head of the Dzierżoniów District Office
Dear Sir,
I kindly request that you once again reflect on the suitability of your standing for election to the district council in the local elections of 11 October 1998. My open letter is not motivated by spite, but is merely intended to express my concern that persons who represent me should be willing to help others in solving their problems instead of doing them harm. I consider that as the Head of the Dzierżoniów District Office you carried out your duties ineptly and sometimes even maliciously, frequently breaking the law and basing your statements on lies. In order to demonstrate that my opinion is not groundless I refer to the [following] supporting facts:
[a] in case no. BA-7355-D/27 a crucial document was lost from the case file by the administrative authority you are in charge of. The public prosecutor's office in Dzierżoniów made an inquiry into this matter;
[b] [administrative] decision no. BA-7355-D/27/35/93-96 of 8 March 1996 was issued by the authority you are in charge of on the basis of documents which were forged in the Dzierżoniów District Office;
[c] in order to intimidate me the administrative authority you are in charge of instituted proceedings no. 7355-D/21 which resulted in decision no. BA‑7355‑D/21/10/96 requiring the demolition of a building. Subsequently by virtue of decision no. BA-7355-D/21/24/95-96 the proceedings were discontinued, after it was found that the building had in fact been erected lawfully;
[d] for a period of eight months you have maliciously and unlawfully refused to grant my application for planning permission. This malicious conduct was brought to an end by the Wałbrzych Regional Governor who decided to grant my application (decision no. 145/98);
[e] while defending your position on the refusal to issue a building permit you resorted to a lie (see the article 'War with decisions' that was published in the Gazeta Wrocławska of 30 June 1998);
[f] you instituted enforcement proceedings in violation of my rights. In breach of the law and in excess of your powers you demanded that I perform a non-existent obligation. The enforcement proceedings were discontinued by the Dzierżoniów Tax Office by virtue of decision no. US VIII-924/67/98.
I think that the above few examples should prompt you to consider whether you should withdraw. I have only one question: WOULD YOU LIKE A PERSON WHOM YOU ELECT TO LOCAL GOVERNMENT TO DEAL WITH YOUR CASES AS ILLUSTRATED BY THE ABOVE EXAMPLES?
Yours sincerely
|
Mathieu-Mohin | 16. In the Divisional Court judgment dated 4 April 2001, Lord Justice Kennedy noted that section 3 had a long history and cited the Secretary of State’s reasons, given in the proceedings, for maintaining the current policy:
“By committing offences which by themselves or taken with any aggravating circumstances including the offender’s character and previous criminal record require a custodial sentence, such prisoners have forfeited the right to have a say in the way the country is governed for that period. There is more than one element to punishment than forcible detention. Removal from society means removal from the privileges of society, amongst which is the right to vote for one’s representative.”
Examining the state of practice in other jurisdictions, he observed that in Europe only eight countries, including the United Kingdom, did not give convicted prisoners a vote, while twenty did not disenfranchise prisoners and eight imposed a more restricted disenfranchisement. Reference was made to the United States Supreme Court which had rejected a challenge to the Californian Constitution’s disenfranchisement of convicted prisoners (see Richardson v. Ramirez [1974] 418 United States: Supreme Court Reports 24). Some considerable attention was given to Canadian precedents, which were relied on by both parties, in particular that of the Canadian Supreme Court which, in Sauvé v. Canada (no. 1) ([1992] 2 Supreme Court Reports 438), struck down the disenfranchisement of all prisoners as too widely drawn and infringing the minimum impairment rule, and that of the Federal Court of Appeal which, in Sauvé (no. 2) ([2000] 2 Federal Court Reports 117), upheld the subsequent legislative provision restricting the ban to prisoners serving a sentence of two years or more in a correctional institution. While it was noted that the Canadian courts were applying a differently phrased provision in their Charter of Rights and Freedoms, the Divisional Court commented that the judgment of Linden JA in the second case in the Federal Court of Appeal contained helpful observations, in particular as regards the danger of the courts usurping the role of Parliament. The cases before the European Commission of Human Rights and this Court were also reviewed, the Divisional Court noting that the Commission had been consistent in its approach in accepting restrictions on persons convicted and detained.
Lord Justice Kennedy concluded:
“... I return to what was said by the European Court in paragraph 52 of its judgment in |
Khuseyn Abdulmezhidov | 48. The fourth applicant heard Khuseyn Abdulmezhidov shouting to his sister to bring his documents, and then more shots were fired. She later realised that the soldiers had first shot Akhmed Abulkhanov in the courtyard, and when her husband's sister and brother saw this, they had run into their house. |
Kazbek Vakhayev | 15. On the same day the applicant sent a parcel to her son in the detention facility and he confirmed its receipt as usual. Over the following days the applicant routinely spent all the time outside the curfew hours in front of the detention facility, waiting for her son's release. She regularly sent parcels and received confirmations of receipt, and sometimes short notes which he wrote on the receipt form. On 1 August 2000 she met the families of other detainees, |
Umalat Abayev | 29. The Abayev family live in their own house at 29 Partizanskaya Street. In the early hours of 23 October 2002 a group of servicemen arrived at their house in an APC and two UAZ vehicles. They were armed and wearing camouflage uniforms and masks. They forcibly entered the Abayev family house and ordered all the men to come out. The women said that there was only one man in the house, and the soldiers went into the room where |
Richard Jack | 54. She concluded that the failure to share significant issues with the Children’s Hearing about L., the failure to work collaboratively with the school, the lack of attention to the assessed need for firm control of the situation after W.H. was placed on probation and the lack of attention to the significance that the mother did not believe her daughters’ complaints against W.H., all contributed to a failure to help get the girls the support they were likely to need after the conviction of W.H. and disclosed a failure in the approach taken to the family by the social work department.
Reports by Mr |
the Mayor of Warsaw | 6. On 6 August 1993 the applicant and other J.O.’s heirs filed with the Minister of Town and Country Planning (Ministerstwo Gospodarki Przestrzennej i Budownictwa) an application for the annulment of the decision of 1951. They also asked for a right of perpetual use (użytkowanie wieczyste) of the plot in question to be granted to them. On 27 February 1995 the Minister quashed the 1951 decision and remitted the case to |
Muhamet Şevinç | 28. On 2 March 2001 the Şebinkarahisar prosecutor filed another indictment with the Şebinkarahisar Assize Court and charged the remaining gendarmerie personnel, with the exception of first-lieutenant |
Michelle Tanda | 19. According to the Government’s observations, the transcripts of the certificates obtained on 13 and 23 April 2008 from the relevant local authorities had revealed that birth certificate no. 1271 held by the civil-status authorities of the 4th arrondissement of Yaoundé concerned the birth of a boy and not that of |
Fyodorov V. G. | 21. On 4 March 2003 V. T. addressed a letter to the district police requesting assistance in the first applicant’s hospitalisation in view of the danger he posed to others. In his letter he noted, in particular that “at the present moment |
Wolfgang Kulterer | 11. The article, headlined “Schwere Hypothek” (“Heavy Mortgage”), ran to nine pages. It reported on the enormous loss of EUR 328 million incurred by Hypo Alpe-Adria Bank in 2004, the question of who was responsible for the damage and whether there were failings in the bank’s risk management. It accused the bank’s executive board of failing to give information to the supervisory board, the bank’s accountants and the FMA, and of trying instead to hush up the losses by manipulating the balance sheets for 2004, which meant that the full extent of the damage was only discovered by external accountants when examining the balance sheets for 2005. The accountants had then informed the FMA. Furthermore, the article featured an interview with Mr Kulterer, confronting him with those accusations. Mr Kulterer was quoted as accusing Mr Rauscher of having disregarded internal guidelines in his foreign currency transactions.
The relevant passages of the article read as follows:
“By the time the warning system was triggered the disaster had long since run its course. On Wednesday 17 November 2004 the risk management and control software programme in the head offices of Hypo Alpe-Adria Bank in Klagenfurt showed, in all the relevant departments of the bank, exactly the kind of figures which bring managers of credit institutions out in a cold sweat: staggering losses on investment operations. In the treasury division, which manages the bank’s liquidity and for that purpose trades, among other things, in interest rates and currencies, there was a shortfall of more than 100 million euros. ‘At that point we immediately called a halt’ said CEO |
Anna Politkovskaya | 85. In 2000, on the basis of this information, the military investigators requested the Grozny Town Prosecutor's Office to provide them with information about the murder of three members of the Tangiyev family and the woman named Valentina. It appears that no reply was received.
(i) Testimony by |
Dávid Dorosz | 16. The minutes of the session read as follows:
“Speaker: ... I ask the Honourable Parliament whether it adopts Bill T/10881 in accordance with the consolidated proposal as amended just now. Please vote! (Voting)
I proclaim the decision: Parliament has (Mr |
Leonid Kuchma | 24. On 8 May 1997 in Moscow, Mr Petru Lucinschi, the President of Moldova, and Mr Smirnov, the “President of the MRT”, signed a memorandum laying down the basis for the normalisation of relations between the Republic of Moldova and Transdniestria (“the 1997 Memorandum”). Under the terms of the 1997 Memorandum, decisions concerning Transdniestria had to be agreed by both sides, powers had to be shared and delegated and guarantees had to be secured reciprocally. Transdniestria had to be allowed to participate in the conduct of the foreign policy of the Republic of Moldova on questions concerning its own interests to be defined by mutual agreement. Transdniestria would have the right unilaterally to establish and maintain international contacts in economic, scientific, technical, cultural and other fields, to be determined by mutual agreement. The parties undertook to settle conflicts through negotiation, with the assistance where necessary of the Russian Federation and Ukraine, as guarantors of compliance with the agreements reached, and of the Organisation for Security and Cooperation in Europe (OSCE) and the Commonwealth of Independent States (CIS). The 1997 Memorandum was countersigned by the representatives of the guarantor States, namely Mr Yeltsin for the Russian Federation and Mr |
Artur Akhmatkhanov | 68. On 20 March 2007 the investigators questioned Mr M.A., who stated that on the morning of 2 April 2003 military servicemen had conducted a special operation in a nearby street; that they had cordoned off the area and that local residents had not been allowed to move within its perimeter. Later on the same date he had learnt that his neighbour |
Alkiviadous Petrakidou Marianna | 18. The second certificate was a “medical opinion” issued on an unspecified date by Doctor Simos Nissiotis, a specialist orthopaedic surgeon practising in Nicosia. It reads as follows[1]:
“The patient |
Yakup Aktaş | 101. While on guard duty at the detention area of the interrogation centre on 22 November 1990 this Master Sergeant in the gendarmerie had checked on Yakup Aktaş in cell no. 18 a number of times. He had not observed anything unusual. |
the Bishop of Almería | 62. In this judgment, which concerned the non-renewal of the contract of a religious education teacher on account of her civil marriage to a divorced man, the Constitutional Court stated as follows:
“The [applicant’s] complaints must necessarily be examined in the light of the principles established in judgment no. 38/2007 of 15 February 2007 ...
...
... One cannot share the affirmation in the judgment of the lower court according to which ... the local bishop’s proposals to the education authority for the appointments of teachers of the Catholic religion in each school year are not subjected to any control by the Spanish State...
Rather, on the contrary, ... there is nothing [in the relevant legal norms] that entails any exclusion of the jurisdictional power of the Spanish judges and courts ... The premise upon which the judgment of the lower court is based, namely that the proposals made by the bishop to the education authority for the appointments of teachers of Catholic religion are not subject to any control by the Spanish State, therefore proves not to be compatible with this requirement of full jurisdiction with respect to the civil effects of an ecclesiastical decision ...
... The decision of the Bishop of Almería not to propose the applicant as a teacher of Catholic religion and ethics for the year 2001/2002 corresponds to a reason of which the characterisation as being of a religious and moral nature cannot be denied...
... The strictly religious grounds for the decision not to propose the applicant as a teacher of Catholic religion and ethics having been determined ... it is necessary to continue ... to weigh up the competing fundamental rights...
... The reason given by the Bishop of Almería for the justification of his decision not to propose the applicant for a contract with the education authority as a teacher of Catholic religion and ethics in 2001/2002, that is, the fact of having entered into a civil marriage with a divorced person, is not related to the teaching activity of the applicant...
... It does not appear at any moment ... that in exercising her activities as a teacher of religion the applicant called into question the doctrine of the Catholic Church concerning marriage or defended civil marriage; neither does it appear in any way that she publicly exhibited her situation as a woman married to a divorced person...
The decision of the applicant to enter into a civil marriage, as provided for by law, with the person of her choice ... belongs in principle to the sphere of her personal and family intimacy, such that the religious reasons put forward in the decision of |
Snjezana Vostic | 14. On 20 June 1997 the Linz Court of Appeal dismissed the applicant’s appeal. Referring to the case of Sekanina v. Austria (judgment of 25 August 1993, Series A no. 266-A), it considered that only a decision which, following the accused’s acquittal, expressed the view that he or she was guilty could violate the presumption of innocence, whereas the Regional Court had only found that there was a remaining suspicion against the applicant. Further, referring to the Constitutional Court’s (Verfassungsgerichtshof) judgment of 29 September 1994, it found that section 2 (1)(b) of the 1969 Act was not in itself incompatible with Article 6 § 2 of the Convention. The Court of Appeal continued as follows:
“Nor does the principle of the presumption of innocence prevent the prosecuting authorities from suspecting someone of having committed an offence. By section 2(1)(b) of the [1969 Act], refusal of a claim [for compensation] (on the ground that suspicion has not been dispelled) depends not on proven guilt but on the possibility that the person concerned may have committed the offence and therefore on a (persisting) suspicion... In the instant case it was precisely such a suspicion concerning |
Kubrika Zinabdiyeva | 14. The Government submitted that, according to the Prosecutor General's Office, on 19 May 2003 the Shatoy District Department of the Federal Security Service (“FSB”) and the Shatoy District Department of the Interior (“ROVD”) had received complaints from the first applicant concerning the kidnapping of |
David Assanidze | 36. In a decision of 2 March 2000, the Georgian General Prosecutor's Office decided to take no further action, finding that the applicant's prosecution was not based on an arguable case and that all the circumstances and evidence relating to V.G.'s murder had been examined by the Supreme Court of Georgia in its unfettered discretion at Mr |
Magomed Goygov's | 57. On 14 May 2000 U. and Y., two women residents of the Staropromyslovskiy district of Grozny, made statements. Both witnesses confirmed that they had seen the bodies of people who had been shot and that, at the relevant time, the district had been under the control of federal forces. Neither of them had witnessed the executions but referred to the “rumours” that the murders had been committed by federal troops. Both witnesses testified that they had seen soldiers looting abandoned houses in the district.
g) Statements by |
Juan Carlos of Bourbon | 10. At a press conference held the same day in San Sebastián, the applicant, as spokesperson for the Sozialista Abertzaleak parliamentary group, outlined his group’s political response to the situation concerning the newspaper Euskaldunon Egunkaria. Replying to a journalist he said, with reference to the King’s visit to the Basque Country, that “it [was] pathetic”, adding that it was “a genuine political disgrace” for the President of the Autonomous Community of the Basque Country to be inaugurating the project with |
Tibor Szepesi | 9. On 25 September 2003 the District Court released the applicant on bail. However, on 2 October 2003 the Regional Court reversed the decision and upheld his detention with the following reasoning:
“... |
Abdul Kasumov | 7. The applicants lived at 22 Partizanskaya Street (in the documents submitted the address was also referred to as 65 Lenina Street), Mesker‑Yurt, in the Shali district of Chechnya. The household consisted of several dwellings around a courtyard. |
Bruno Margaretić | 40. The investigating judge extended the applicant’s pre-trial detention for a further two months under Article 123 § 1(2) of the Code of Criminal Procedure (risk of collusion) on the grounds that there was a danger that he might contact the second accused. The relevant part of the decision reads:
“As regards the fifth suspect [ |
Gretel Janssen | 20. At a hearing held on 30 October 1989 the Social Court of Appeal summoned the employer to take part in the proceedings and requested him to submit information as to the kind of work carried out by his former employee between 1950 and 1959 and as to the protection requirements to be complied with. The employer supplied information on 7 December 1989. The defendant filed written pleadings on 22 December 1989. On 24 August 1990 the Social Court of Appeal instructed doctors who had treated Mrs |
Tofiq Yaqublu | 53. According to the applicant, during cross-examination by the defence, which was not reflected in the first-instance court’s judgment, both of those witnesses, especially R.N., had given answers contradicting their earlier statements. In particular, the applicant claimed in his appeal (see paragraph 117 below) that, in his witness statement, R.N. had said that from around 3 p.m. on 24 January 2013 he had been at his relative’s home for lunch. After lunch, sometime before 5 p.m., he had gone to the area next to the Regional Education Department, where he had seen the applicant and |
Isa Aygumov | 64. On 1 September 2003 the investigators questioned the applicants’ neighbour Mr S.-M.M., who stated that in January 2002 he had been at home when a group of masked armed men in camouflage uniforms ran into his yard looking for |
Khamid Mukayev | 36. On 18 July 2005 the district military commander's office informed the first applicant that on 16 September 2004 they had not been conducting any special operations in Katyr-Yurt. The letter also stated that the authorities had forwarded information requests concerning the whereabouts of |
the Minister of Foreign Affairs | 35. Following a hearing on 16 September 2003 the Regional Court of The Hague sitting in Amsterdam dismissed the applicant's appeal against the rejection of his request for asylum on 7 November 2003. The Regional Court did not agree with the Minister that the applicant's account was rendered implausible as a result of the incorrect date of birth; according to the Regional Court, the applicant had merely stated what he had been told by his mother. However, for the remainder, the Regional Court considered that the Minister's view that the applicant's situation as he described it was insufficiently serious to qualify him for refugee status was well‑founded. The Regional Court agreed with the Minister that the problems experienced by the applicant had come about not so much as the consequence of a targeting of the applicant personally; rather, the events were to be seen as a result of the generally unstable (security) situation in Somalia, where intimidation and insults by criminal groups regularly and arbitrarily occurred. In this context the Regional Court attached relevance to the fact that the applicant could have removed himself from the situation pertaining in his immediate environment by moving to the “relatively safe areas” of Somalia, as appeared from, inter alia, the country reports (ambtsberichten) drawn up by |
Rustam Kagirov | 56. On 20 February 2013 the investigators forwarded information requests to various law enforcement and military agencies asking to inform whether any special operations had been carried out by their agents against Mr |
Ahmet Kethüda | 13. On 9 May 1988 the Bakırköy Cadastral Court decided that plots nos. 115 and 119 should be registered in the names of the applicants (as heirs of Ahmet Muhtar Merter) and plots nos. 113 and 118 in the names of the Municipality of Istanbul and the Treasury respectively. The court also held that plots nos. 110, 114, 116 and 117 should be registered in the names of the heirs of the neighbour. The court further allowed the request to intervene by the heirs of |
Zelimkhan Latayev | 38. At the relevant time Mr Rustam Shakhgareyev, Mr Zelimkhan Kagirov and their respective families, including the first, second, and seventh applicants were living in two separate flats in the area. Mr |
Lily Shields | 48. The report considered the further inquiries which followed in 1978-81 and quoted parts of the statements given by McClure admitting involvement in an attack on the Rock Bar and concerning a possible role in the Silverbridge attack, when together with |
Ali Gastamirov | 32. In the meantime the servicemen burst into Ali Gastamirov's room. They asked him questions and checked his passport. They further took him to the street on the pretext of showing them around the backyard. |
İlhan Yücel | 110. By a letter of 22 June 1995, the Bismil gendarmerie district commander Captain İzzet Cural informed the Bismil public prosecutor that the investigation requested on 25 January 1995 had been completed. Captain Cural appended to his letter a record dated 20 June 1995, signed by the gendarmerie officers |
Magomed Kudayev | 69. On 3 March 2005 the investigators again questioned the second applicant. She stated that about eight months prior to being questioned, in the summer of 2004, a young man named Mr Ya. Ge., who had been around twenty years old, had arrived at her house and had told her that he had been detained with |
Mehmet Safi Aranacak | 27. On the television it was said that there had been a clash between the terrorists and the village guards in the village. The Captain came to the village and shamelessly told the villagers that the terrorists had burned the village and hamlet. No guerrillas had come to the village and they would not have done such a thing.
Statement dated 28 July 1993 by |
Mehmet Akkum | 53. On 16 November 1992 Zülfi Akkum was shown a photograph of the body which had been buried by the authorities in Elazığ (see paragraph 47 above). Mr Akkum identified the deceased person as his son |
Sergey Lykov | 42. In the meantime, the criminal investigation against P. continued, and resulted in an examination on the merits by the Voronezh regional Court. At the public hearing on 1 February 2011 P. made a statement. He withdrew the account given by him in the context of the investigation into the death of |
Khaskhan Mezhiyev | 45. On 10 December 2002 the district prosecutor’s office granted the first applicant victim status in case no. 59263 and questioned her. The first applicant submitted that her husband had been unemployed. In the evening of 14 November 2002 |
Movsar Khamzatov | 37. By a letter dated 10 December 2003 the deputy prosecutor of the Groznenskiy District notified the Ombudsman of the Chechen Republic (“the Ombudsman”) that on 24 October 2001 the district prosecutor’s office had opened criminal case no. 19173 into “the shooting by servicemen, who had driven APC-205 of the SMRB, at a VAZ-2109 car with registration number “K 069 MS 99”. As a result of the shooting, two people, including |
Zurab Tsintsabadze | 54. On 8 May 2006, representatives from the Public Defender's Office met V.M.-shvili (see paragraph 47 above), who was then being held in Tbilisi no. 1 prison. The inmate refused to give a written statement, claiming that it could cost him his life. He stated orally that the applicant's son had not committed suicide; |
Ilan Matzliah | 6. The first applicant and A.R. got married in 2002 in Cyprus. The two had already lived together as a couple in Israel for six months before the wedding. In 2003 and 2004 respectively, their two children, Ela and |
Yelena Robertovna Lavrentyeva | 6. The first applicant, Ms Dina Yakovlevna Yuditskaya, was born in 1950. The second applicant, Ms Natalya Vladimirovna Yuditskaya, was born in 1979. The third applicant, Mr Aleksandr Viktorovich Kichev, was born in 1966. The fourth applicant, Ms |
Ali Yıldırım | 20. On 21 February 1993, military forces returned to Ormaniçi to burn more houses and kill more animals. The women of the village, together with the children, slept in the mosque, in caves, and in some unburned outbuildings. Abide Ekin died in the mosque, without having received medical attention for her injuries. A few days later, another child, |
Mahmut Özkanlı’s | 57. The witness is a resident of Gözeler. He stated that the Gözeler inhabitants, including the Özkanlı family, had left Gözeler in 1994 upon the mounting pressure exerted by the PKK, not by the security forces. The witness added that following |
Tuquabo-Tekle | 9. In 1989, after the death of her first husband and during the civil war, Mrs Tuquabo-Tekle fled from Ethiopia to Norway, where she applied for asylum. She submitted that she had been harassed and detained by the Ethiopian authorities on account of her husband’s activities for the Eritrean People’s Liberation Front. Although denied asylum, she was granted a residence permit on humanitarian grounds in 1990. Her eldest child, Adhanom, had stayed behind in Addis Ababa with a friend of his mother’s, and she had left her other two children, Mehret and Michael, in the care of an uncle and their grandmother (in what subsequently became the State of Eritrea). After permission was granted by the Norwegian authorities for the children to reside with Mrs |
Yagublu Tofig Rashid oglu | 20. By a decision of 4 February 2013, the Nasimi District Court ordered the applicant to be detained for a period of two months pending trial. The relevant part of the decision read as follows:
“The materials collected in respect of the criminal investigation give rise to sufficient grounds to believe initially, in accordance with the principle of presumption, that |
Islam Dombayev | 69. According to the Government, the possible involvement of servicemen of Obron-8 in the abduction of T., Islam Dombayev and Murad Lyanov had been investigated. To that end, the case file had been sent to the military prosecutor’s office. However, neither the victims nor the witnesses questioned had stated from whom exactly they had learned that T., |
Kenan Bilgin | 52. On 26 September a confrontation had been organised with other prisoners who had been arrested as part of the same operation. Kenan Bilgin was not among them. On 3 October 1994 the witness had again seen |
Supyan Mukayev | 83. On an unspecified date in September 2005 the investigators obtained a copy of a report of 16 March 2005 prepared by the Shali district military commander and addressed to the Chechnya military commander. According to that document, there had been activity aimed at cordoning off the local telecommunication agency in Shali on 15 March 2005. During that operation two village residents, Mr |
Abdulkerim Sanrı's | 15. According to the same report, there was no ammunition on the body of Abdulkerim Sanrı, but there were three loaded bullet cartridges belonging to a Kalashnikov rifle and a hand grenade in a military style vest worn by the deceased Ahmet Anık. The rifles belonging to the two village guards were found two hundred metres away from their bodies, next to a rock, at the side of the main road. The barrels of the rifles smelt and bore traces of gun powder, indicating that they had been fired. Next to the two rifles was |
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