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Aleksander Matko | 24. Officer D.P. explained in his testimony in the above mentioned criminal investigation:
“At the critical time, we were conducting, in the territory of Slovenj Gradec Police, an operation to investigate organised crime. (...) In front of the Hotel Pohorje, a group of people was noticed which included M.A. and |
Abdurakhman Abdurakhmanov | 46. On 23 November 2010 the investigators questioned police officers M.D. and M.Z., both of whom stated that on 25 June 2010 they had visited the first applicant’s house to establish the whereabouts of Mr |
Semyon Volkov | 13. On 30 August 2002 Mr P., in his official capacity as the Chief Federal Inspector, brought an action for defamation against the editorial board of the Gubernskie Vesti newspaper and the author of the article, |
Khamid Mukayev | 15. Meanwhile some of the servicemen who were in the house started searching it and some burst into the room where the second to fourth applicants and Khamid Mukayev were staying. They pointed their guns at the second applicant and ordered her in unaccented Russian to stay quiet. The servicemen then ordered |
Hüseyin Başbilen | 9. A suicide note entitled “FAREWELL”, typed on a computer and signed, was also found in the car. The note stated that the applicant had no problems with his wife, his family or at work, but he wished to put an end to his life as he was in emotional pain. In the note, details of Mr |
A. Abdulkhalikov | 14. The applicant noted that there were two versions of the decision of 26 March 2009 to open a criminal case against him, as well as of the statement of charges of 30 March 2009. One version of the documents contained information apparently concerning another presumed member of the opposition, a Mr |
Nasır İkincisoy | 30. The report of the Diyarbakır State Hospital indicates that there were no signs of ill-treatment on the bodies of Halil, Abdülkadir and Sabriye İkincisoy. The report further stated that there were certain marks on the body of |
Katica Ðurđevic | 28. On 30 November 2009 the Ivanić Grad Municipal State Attorney’s Office dismissed the second applicant’s complaint, finding, inter alia, that she had been unable to identify the alleged perpetrators during the identification parade, and that the surveillance camera at the Ivanić Grad police station had not recorded anything suspicious. The relevant part of the decision reads:
“ |
Emin Yıldırım | 11. On 9 January 1996 E.T. summoned Emin Yıldırım and Officer Akgün to his office. Emin Yıldırım was accompanied at the meeting by H.A., the mayor of Çermik. It appears that during the conversation Emin Yıldırım complained of a headache. For his part, Officer Akgün is said to have apologised, explaining that he had been drunk on the night of the incident; |
Enver Yanık | 140. According to the Prosecutor, applicants Enver Yanık, Sadık Türk and Erdal Gökoğlu and former applicants Cemal Çakmak and Cafer Tayyar Bektaş had used firearms; during a quarrel between the rioters and the prisoners wishing to surrender, |
Abdul-Malik Shakhmurzayev | 19. On 18 June 2001 the investigators questioned Mr Kh.Z. and Mr A.M., relatives of the disappeared men, who stated that their fellow villagers had told them that on 8 February 2001 at about 4 p.m. military servicemen stationed in a former canning factory in Gikalo had arrested |
Metropolitan Maxim | 12. The Bulgarian Orthodox Church was no exception. A document dating from 1949, submitted by the applicants, attests that in 1949 the Central Committee of the Bulgarian Communist Party discussed the need for “cleansing” in the leadership of the Church and took measures to promote persons loyal to the authorities to leading positions in the Church. In 1971, following the death of Patriarch Cyril, the Central Committee of the Bulgarian Communist Party, in a decision dated 8 March 1971, nominated |
Farhad Aliyev | 19. The press release of 21 October 2005 stated, inter alia:
“As has been notified earlier, during the searches conducted in the course of the investigation in houses, dachas and other properties belonging to the former Minister for Economic Development |
Mayrbek Murtazaliyev | 180. The first applicant is the mother of Mr Arbi Umarov and Mr Aslanbek (also spelled as Aslambek) Umarov, who were born in 1957 and 1969 respectively. The second applicant is the mother of Mr Andarbek Abubakarov, who was born in 1975. The third applicant is the mother of Mr |
L. Markozashvili | 43. In criminal case no. 8, in reply to a complaint filed by applicants N. Sikharulidze, A. Aptsiauri and G. Gogia (nos. 72-74), the police informed them that they had issued a warning to Father Basil to stop attacking Jehovah’s Witnesses. The applicants requested several times a copy of the written decision not to institute criminal proceedings, but received no response. On 18 June 2002 the Gldani-Nadzaladevi Court of First Instance refused to hear an objection lodged by the applicants on the grounds that they could not validly challenge a non-existent decision. The complaints filed by G. and |
Therese Mattsson | 20. In accordance with standard procedure, the appeal was brought to the attention of the Security Police, who then decided, on 20 December 1999, to release the same two pages of the 1967 report referred to above, while maintaining their refusal regarding the remainder of the second applicant’s initial request. The reasons given were largely the same as in the first decision, with the following addition:
“In the Security Police archives there are a number of documents which contain information both about different subject matter and individuals. The fact that such documents exist in the Security Police’s archives does not mean that all information in the documents is registered and therefore searchable. Information which is not registered can only be retrieved if details have been submitted about the document in which the information is contained. Since you provided us with such details, it was possible for us to find the document you asked for in your request.”
After receipt of the above decision, the second applicant had a telephone conversation with Ms |
Talat Türkoğlu | 50. On 10 July 1996 on the basis of the criminal complaint filed by the applicant, the Fatih public prosecutor issued a decision not to take any criminal proceedings in relation to the disappearance of |
Ruslan Edilsultanov | 89. On 14 January 2011 the deputy Shali district prosecutor ruled the suspension unsubstantiated and resumed the proceedings. The investigators were instructed to question the first applicant, request the remand prison in Vladikavkaz to provide information about Mr |
Saidkhasan Dangayev | 5. The applicants live in Grozny, Chechnya. The first applicant was married to the second applicant’s brother, Mr Saidkhasan Khasmagamedovich Dangayev, who was born in 1948. The couple had two children. At the material time |
Jevgeņijs Ševanovs | 12. In 1970, at the age of twenty-two, the applicant settled in Latvian territory for work-related reasons. Between 1973 and 1980, the year of her divorce, she was married to a man resident in Latvia. In 1973 she gave birth to a son, |
Azimjan Askarov | 41. The UN Committee against Torture considered Kyrgyzstan’s second periodic report and in December 2013 issued concluding observations (CAT/C/KGZ/CO/2), which read, in so far as relevant, as follows:
“Impunity for, and failure to investigate, widespread acts of torture and ill‑treatment 5. The Committee is deeply concerned about the ongoing and widespread practice of torture and ill-treatment of persons deprived of their liberty, in particular while in police custody to extract confessions. These confirm the findings of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (A/HRC/19/61/Add.2, paras. 37 et seq.), and of the United Nations High Commissioner for Human Rights (A/HRC/20/12, paras. 40–41). While the Kyrgyz delegation acknowledged that torture is practised in the country, and affirmed its commitment to combat it, the Committee remains seriously concerned about the substantial gap between the legislative framework and its practical implementation, as evidenced partly by the lack of cases during the reporting period in which State officials have been prosecuted, convicted and sentenced to imprisonment for torture (arts. 2, 4, 12 and 16). 6. The Committee is gravely concerned at the State party’s persistent pattern of failure to conduct prompt, impartial and full investigations into the many allegations of torture and ill-treatment and to prosecute alleged perpetrators, which has led to serious underreporting by victims of torture and ill-treatment, and impunity for State officials allegedly responsible (arts. 2, 11, 12, 13 and 16).
In particular, the Committee is concerned about:
(a) The lack of an independent and effective mechanism for receiving complaints and conducting impartial and full investigations into allegations of torture. Serious conflicts of interest appear to prevent existing mechanisms from undertaking effective, impartial investigations into complaints received;
(b) Barriers at the pre-investigation stage, particularly with regard to forensic medical examinations, which in many cases are not carried out promptly following allegations of abuse, are performed by medical professionals who lack independence, and/or are conducted in the presence of other public officials, leading to the failure of the medical personnel to adequately record detainees’ injuries, and consequently to investigators’ failure to open formal investigations into allegations of torture, for lack of evidence;
(c) The apparent practice by investigators of valuing the testimonies of individuals implicated in torture over those of complainants, and of dismissing complaints summarily; and
(d) The failure of the judiciary to effectively investigate torture allegations raised by criminal defendants and their lawyers in court. Various sources report that judges commonly ignore information alleging the use of torture, including reports from independent medical examinations.
... 7. The Committee remains seriously concerned by the State party’s response to the allegations of torture in individual cases brought to the attention of the Committee, and particularly by the State party’s authorities’ refusal to carry out full investigations into many allegations of torture on the grounds that preliminary enquiries revealed no basis for opening a full investigation. The Committee is gravely concerned by the case of |
Şaban Kavaklıoğlu | 115. At the 14 May 2001 hearing the applicant Hüseyin Çat lodged a fresh complaint on behalf of his late son Abuzer Çat, accompanied by a request to join the proceedings as an intervening party. A similar application was lodged on behalf of the applicant Sadık Türk and |
Valid Dzhabrailov's | 17. The servicemen carried the first applicant and Valid Dzhabrailov's body into a pit and placed them under a piece of a construction block. Then they laid explosives on the first applicant and placed |
the Minister of Justice | 22. In 1994, following the applicants’ complaint to the Minister of Justice, the Żywiec District Prosecutor reopened the investigation. On 15 February 1995 the District Prosecutor again discontinued the investigation considering that no criminal offence had been committed. The applicants subsequently complained to |
Magomed Soltymuradov | 183. The same file contains three other witness statements collected by the police detective Alik Kh. in April 2002 from residents of Gekhi. They concern the explosion of a landmine in Urus-Martan on 5 January 2002, as a result of which one serviceman had died. Two of the witnesses indicated one Ruslan K. from Gekhi as the person responsible for the explosion, and one witness mentioned that |
Tomislav Remetin | 18. On 12 December 2003 the Dubrovnik Municipal State Attorney’s Office indicted I.Š. in the Dubrovnik Municipal Court (Općinski sud u Dubrovniku) on charges of violent behaviour. The relevant part of the indictment reads:
“... in the playground of the Marin Držić Primary School, without any provocation, after he had approached |
Simon Xuereb | 60. However, Mr Camilleri did not fall under any category of vulnerability. Furthermore, it could not be said that he had had no access whatsoever to a lawyer, indeed in his first statement he had denied all wrong doing and walked away free. Thus, before he was voluntarily called in for questioning the following days he had all the time necessary to seek the assistance of a lawyer before he appeared voluntarily on three subsequent days where he gave three statements. His statement had also been corroborated by other evidence, there was thus no risk that they were unsafe ‑ in that light it would not be appropriate to expunge such statements.
(ii) cases brought before the constitutional jurisdictions after the criminal proceedings had come to an end
|
Abdullah Gül | 14. According to the report, dated 21 May 2007, on the examination of the police video-recordings of the gathering of 5 September 2005 submitted by the expert to the first-instance court, the applicant had made the following speech:
“... Friends, I would like to say a few words about how grateful we are to you. First of all, as you already know, we left Şırnak to go to the peace meeting, Gemlik meeting which was organised by Tuhay-Der. As a result of the arbitrary security measures taken by the security forces and the fact that we were forced to wait two and a half hours at each checkpoint for identity checks, we were not able to travel as fast as we wanted. For us, those who conducted themselves in such a manner are the people who do not want peace in this country (his speech is interrupted by applause and ululations). Subsequently, we were taken into police custody because of our democratic reaction to the search order. We were kept in police custody for one night and then taken before a court. The court released us. However, it took a decision to place me under judicial control. I have to go to give my signature every Monday and I am banned from travelling abroad (His speech is interrupted by boos and the slogan ‘Barışa uzanan eller kırılsın’ (‘May those hands which aim to damage peace be broken’). We condemn with contempt the mentality which obstructed the meeting in Gemlik; we condemn with contempt the fact that Mr |
the Minister of Justice | 38. In a judgment of 4 June 2002, the Nanterre Criminal Court dismissed the pleas of nullity which had been raised by the defendants, in particular on the basis of the immunity provided for by section 41 of the Freedom of the Press Act of 29 July 1881 on judicial proceedings and pleadings filed in court, on account of the fact that the article had merely reiterated the content of the letter to |
Toğay Gültekin | 5. The applicants were born in 1960, 1963, 1988 and 1986 respectively and live in Zonguldak. The first two applicants are the parents, the third applicant is the brother and the fourth applicant is the fiancée of Mr |
Z. Timofejevs | 55. In the 20 December 2004 judgment the Cēsis District Court did not examine this episode because the prosecutor had withdrawn the charges against the first applicant in relation to his resistance at Jaunģikši. The district court accepted the withdrawal, noting: “the victims’ testimony that at Jaunģikši |
Jörg Haider | 13. In 1995 the first applicant published a one-page article under the heading “Brown instead of Black and Red?” (Braun statt Schwarz und Rot?) in the applicant company's magazine News. In the Austrian political context, “Brown” means a person or group having some affinity with National Socialist ideology, “Black” refers to the People's Party (ÖVP) and “Red” to the Social Democratic Party (SPÖ). The article discussed the question whether it was possible and desirable to form a coalition government with the Austrian Freedom Party (FPÖ) under the leadership of |
Arbi Karimov | 48. On 24 July, 5 and 20 August and 19 September 2003 the military prosecutor’s office of the UGA informed the second applicant that the military prosecutor’s office of military unit no. 20102 had examined her complaints and that this exanimation had not established any involvement of the Russian military forces in the abduction of |
Güler Karataş | 31. The Malatya Assize Court declined to institute criminal proceedings against the tenth applicant and returned the indictment to the Malatya public prosecutor on 11 April 2008. The Assize Court noted that the statements taken from |
Alikhan Sultygov | 26. On 19 March 2007 Mr D.U. wrote to the investigators providing details of his arrest at the checkpoint and the subsequent detention in Khankala with the applicants’ relatives Mr Visadi Samrailov and Mr |
Thi Thanh Van Vo | 16. The third report, which was issued on 29 September 1992, referred to the malfunctioning of the hospital department concerned and to negligence on the part of the doctor:
“1. The manner in which appointments in the departments run by Professors [T.] and [R.] at Lyons General Hospital are organised is not beyond reproach, in particular in that namesakes are common among patients of foreign origin and create a risk of confusion, a risk that is undoubtedly increased by the patients’ unfamiliarity with or limited understanding of our language. 2. The fact that patients were not given precise directions and the consulting rooms and names of the doctors holding surgeries in them were not marked sufficiently clearly increased the likelihood of confusion between patients with similar surnames and explains why, after Dr [G.] had acquainted himself with Mrs |
Ayub Murtazov | 23. On 27 January 2003 the district prosecutor’s office notified the Special Envoy of the Russian President for Human Rights in the Chechen Republic and the second applicant that the investigation into the kidnapping of |
Ter-Petrosyan | 86. On 10 November 2008 the applicant lodged an appeal in which he argued, inter alia, that the charge against him was trumped-up and politically motivated; that he had been ill-treated both at the time of his apprehension and at the police station and that no investigation had been carried out into his allegations of ill-treatment; that the interference with his freedom of peaceful assembly had been unlawful, unjustified and accompanied with use of excessive force by the police; that the only witnesses in the case were police officers who, being interested in the outcome of the case because of the brutal and unlawful force used against the demonstrators, including his ill-treatment, were not impartial and trustworthy witnesses and had made contradictory statements which were then coordinated towards the end of the investigation and which constituted the sole basis for his conviction; and that the principle of equality of arms had not been respected since his request to call and examine witnesses on his behalf had been groundlessly dismissed. Thus, the entire case was based on police testimony, while he was not allowed to defend himself effectively and to summon any impartial witnesses, including those who were by his side on the morning of 1 March 2008. The applicant contested the reliability of the evidence provided by police officers H.S., E.R. and A.A., pointing, inter alia, to the fact that their statements made in court differed, while those made during the investigation had been identical in wording. Moreover, it appeared from their statements that they had been arresting different demonstrators from different locations, all at the same time, which cast doubt on the veracity of their statements. As regards the statements of police officers A.Arsh. and A.Aru., they concerned events which had taken place in a chaotic situation early in the morning when it was still dark, which cast doubt on the reliability of that evidence. The police officers had effectively refused to answer any questions in court, limiting their answers to either “I do not remember” or “I do not know”. The trial court had failed to make any assessment of the police actions at Freedom Square, including their lawfulness and proportionality, without which the charge against him could not receive a fair determination. What had happened in reality was that the police officers had initiated an unlawful clash with the demonstrators and then rounded up all the activists, many of whom had also been subjected to ill-treatment. The alleged inspection of the scene had been simply a pretext to conceal the police officers’ real intention, which had been to disperse the peaceful demonstration. The applicant alleged that he had been known to the authorities and was persecuted for being a supporter of Mr |
Rasul Tsakoyev | 67. On 25 November 2004 the Kabardino-Balkaria prosecutor received the first applicant’s complaint, which had been forwarded by the Representative of the Russian President in the Southern Federal Circuit on 20 November 2004. According to the first applicant, his son |
İsmail Beşikçi | 21. This book was the last in the series concerning the proceedings against İsmail Beşikçi in a Martial Law Court in 1980. The following statements were highlighted in the prosecution:
“Askeri Yargıtay bu iddiaların varit olmadığını söylerken yalan söylemek zorunda kalmıştır. ...3. Daire beyanı yalandır. Askeri Yargıtay hüküm mahkemesinin uzlaşmaz çelişmelerini hasıraltı etme ve gizleme gayreti içindedir. ...Askeri Yargıtay hüküm mahkemesinin bu çok çirkin ve ayıp olan kurnazlıklarını tarafımdan deşifre edilmemiş olsaydı bu kurnazlığı sürdürmekte başarılı kalabilirdi. ... Askeri Mahkemelerin, sağcı güçlerin ne kadar yanında ve kontrolünde olduğunu açıkca göstermektedir. ...”
<Translation>
“The Military Court of Cassation had to lie when it said that these allegations were untrue. ... The Military Court of Cassation is trying to cover up the contradictions of the lower court. ... If I had not exposed the ugly and shameful tricks of the Military Court of Cassation, they could have successfully maintained their course. ... [This] shows how much the Military Courts are next to and under the control of the right wing powers. ...” 7. “The case of |
Khava Magomadova’s | 71. On several occasions the investigators requested the Chechen FSB, military commanders of different districts of the Chechen Republic and district departments of the interior to carry out investigative measures related to |
Poltoratskiy | 43. The applicant gave evidence before the Delegates that he had been beaten on 2 September 1998, because of a note which he had passed to another inmate, Poltoratskiy, while he had been mopping the floor in the corridor on 1 September 1998. He had informed |
Visadi Shokkarov | 24. On 12 January 2005 the Sunzhenskiy District Court informed the applicant that
“... on 23 October 2003 the District Court left V.A. Shokkarov’s complaint unexamined as the criminal case concerning [the death of] |
Abdülkadir İkincisoy | 32. In their statements Abdülkadir and Nasır İkincisoy stated that on 22 November 1993, while they were sleeping at home, police officers had come to their apartment looking for Mehmet Şah. He and his two friends had been spending the night with them. Nasır and |
Hadjithomas | 8. The applicants were born in 1930, 1936, 1958, 1961, 1959, 1983, 1985, 1987 and 1990 respectively. Their place of residence is not known. In a fax of 22 March 2002 the applicants' representative indicated that “the |
Mustafa Aldemir | 34. The witness was the deputy commander of the Kulp Gendarme Station in 1993. His commander was Ali Ergülmez. He stated that he had been involved in the investigation and had taken a statement from |
Horacio Sardinas Albo | 20. In a judgment of 7 October 1999, filed with the registry on 28 October 1999, the Como District Court found the applicant guilty of the charges against him and sentenced him to fifteen years’ imprisonment and imposed a fine of 130,000,000 Italian lire (ITL). The applicant’s name was established as being in reality |
Abdula Demelkhanov | 188. In the meantime, on 22 April and 9 June 2004 the Oktyabrskiy ROVD, apparently following the applicant’s allegation that her husband had been abducted by State agents, contacted the FSB in Chechnya and the commanding officer of the army in Chechnya to check if Mr |
Tashtemirov | 28. The documents issued by various State authorities indicate inconsistent dates of, and reasons for, the applicants' arrest. Thus, on 6 December 2005 the officer in charge of the Oktyabrskiy District Police Station affirmed that Mr Ismoilov, Mr Usmanov, and Mr |
Bashir Mutsolgov's | 6. The applicants live in the town of Karabulak, in the Ingushetiya Republic. The first and second applicants are the parents of Mr Bashir Mutsolgov, born in 1975. The third applicant is his brother. The fourth and fifth applicants are |
Sedat Hasan Karacaoglu | 7. Mr Yasin Ozdil had lived in Moldova since 2015 with his wife and their two minor children. Mr Mujdat Celebi had lived in Moldova since 2014 with his wife and their three minor children. Mr Riza Dogan had lived in Moldova since 1993 with his wife and their two minor children, who are Moldovan citizens. Mr |
the First Deputy to the Prosecutor General | 33. On 7 June 2006 the First Deputy to the Prosecutor General quashed the decision of the Binagadi District Prosecutor's Office of 17 August 2005 on the refusal to institute criminal proceedings. Having regard to the contradictory testimonies of key witnesses and indications of possible breaches of law by the SCEA and police officials, |
Kikalishvili | 33. On 20 September 2001 the expert team submitted a report on the audio recordings. Two Russian-speaking experts, Mr Koval and Mr Zubov, confirmed that the voice on the audiotapes belonged to the applicant. Ms |
MIHHAIL SÕRO | 19. On 16 June 2004 an announcement was published both in the paper and Internet version of Riigi Teataja Lisa. It read as follows:
“ANNOUNCEMENTS OF THE ESTONIAN INTERNAL SECURITY SERVICEabout persons who have served in or co-operated with security organisations or intelligence or counterintelligence organisations of armed forces of States which have occupied Estonia
Hereby the Estonian Internal Security Service announces that pursuant to section 5(1) of the Procedure for Registration and Disclosure of Persons who Have Served in or Co-operated with Security Organisations or Intelligence or Counterintelligence Organisations of Armed Forces of States which Have Occupied Estonia Act the Estonian Internal Security Service has registered the following persons.
...
Announcement no. 695 of 27.02.2004
|
Rustam Ilayev | 11. At about 4 a.m. on 4 July 2004 the first applicant woke up from the sound of someone walking in the house. A group of about ten armed masked men in camouflage uniforms broke into the room where Inver Ilayev, |
Ilgar Mammadov | 6. The applicant has been involved in various political organisations and local and international non-governmental organisations for a number of years. In 2009 he co-founded a political organisation named the Republican Alternative Movement (“REAL”) whose initial goal was to oppose the proposed changes to the Constitution, which included abolition of the limits on the re-election of the president, at the constitutional referendum of 18 March 2009. In 2012 the applicant was elected REAL’s chairman. In this capacity, he expressed views opposing the current Government (for more detail, see an earlier judgment of this Court, |
Mehmet Emin Ayhan | 16. The deceased's body was brought to the Silvan State Hospital where the Silvan Public Prosecutor conducted an autopsy with the participation of two doctors. One of these doctors, Zeki Tanrıkulu, had been a colleague and friend of |
Vakha Abdurzakov | 45. On 29 November 2002 the first applicant was granted victim status and questioned. She submitted that at about 3 a.m. on 25 October 2002 her son had heard dogs barking and had gone into the street. Someone had ordered him not to move and threatened to open fire. |
Mehmet Selim Acar | 165. On 17 January 1997 the office of the Governor of Diyarbakır informed Meliha Dal, in reply to her petition of 25 November 1996 (see paragraph 97 above), that an investigation had been conducted. According to the findings of this investigation, |
John Murray | 14. The applicant appealed to the Styria Independent Administrative Panel (Unabhängiger Verwaltungssenat). He maintained that the obligation to disclose the identity of the driver pursuant to section 103(2) was incompatible with Article 6 of the Convention, as was the drawing of inferences from the mere fact that he had refused to disclose the driver's identity. In this connection the applicant referred to |
Rizvan Isayev | 170. On an unspecified date after the resumption of the proceedings the investigators questioned Ms Kh.Yu. and Ms R.S, two eyewitnesses to the abduction, who had been travelling on the same bus as Mr |
Uzeyir Jafarov | 19. In the meantime, in an interview published on 3 May 2007 in the newspaper Üç Nöqtə, the Minister of Internal Affairs was questioned about the attack on the applicant. He made the following statement:
“We have the information that this incident is an act of sabotage and had been organised by |
Jean-Luc Lagardère | 20. In the operative part of its judgment the Court of Appeal held:
“that the constituent elements of the offence of misappropriation of corporate assets to the detriment Matra and Hachette are established for that period against Mr |
Ruslan Pareulidze | 115. At about 5 p.m. on 7 October 2003 Mr Pareulidze was in the courtyard of his aunt’s house when a group of armed servicemen in camouflage uniforms arrived in a military UAZ car, a Niva car and a Gazel minivan with the registration plates O 182 MM 06. The servicemen spoke unaccented Russian and were of Slavic appearance. They forced Mr |
Luiza Mutayeva | 22. By a decision of 28 April 2004 the district prosecutor's office granted the applicant victim status in connection with criminal case no. 49516. The decision stated, among other things, that at about 2.30 a.m. on 19 January 2004 about fifteen unidentified armed men in camouflage uniforms and masks had arrived at the applicant's home at 60 Bershchanskaya Street in a GAZ minivan, a UAZ vehicle, two military all-terrain UAZ vehicles (“таблетка”), a VAZ-2109 and a VAZ-2107 and had taken |
Adam Makharbiyev | 63. The investigation failed to establish the whereabouts of Adam Makharbiyev. The investigating authorities sent requests for information to the competent State agencies and took other steps to have the crime resolved. The law-enforcement authorities of Chechnya had never arrested or detained |
Boris Stankov | 9. The United Macedonian Organisation Ilinden (“the applicant association” or “Ilinden”) is an association based in south-western Bulgaria (in an area known as the Pirin region or the geographic region of Pirin Macedonia).
Mr |
Metin Kürekçi | 14. Between 6 February and 22 October 2008 the Ankara Assize Court held seven more hearings. On 22 October 2008 the court issued a judgment containing the same conclusions and sentences as in its judgment of 17 January 2007. It also ordered the release of |
Galina Baskova | 12. The District Court issued – with immediate effect – an interlocutory injunction worded as follows:
“To enjoin the editor’s office of the Zolotoye Koltso newspaper from publishing any articles, letters or other materials written by anyone, which relate the factual circumstances of the traffic accident on 22 September 2001 with the participation of Ms |
Abdul-Naser Zakayev | 50. When the eleventh applicant’s son saw the military approaching, he entered the courtyard of one of the neighbouring houses. The servicemen followed him. They were wearing camouflage uniforms of the armed forces of Russia and had firearms. They spoke Russian. Some of the military had portable radio transmitters. Without introducing themselves or producing any documents to justify their actions, the servicemen threatened to use their firearms and ordered Mr |
Ahmet Necdet Sezer | 22. In early May 2007 the Turkish Parliament decided to hold early parliamentary elections, choosing 22 July 2007 as the date. The decision followed a political crisis resulting from Parliament’s inability to elect a new President of the Republic to follow on from |
Metin Alacuklu | 33. The documents below concern the authorities' investigation into the applicant's allegations of the destruction of his property by the gendarmes.
(i) Duty schedules of 15-20 September 1994;
(ii) Letters of 8 November 1994, 8 December 1994, 2 February 1995, 14 March 1995, 5 May 1995 and 7 August 1995 from the Malazgirt public prosecutor to the Gendarmerie Command in Malazgirt;
(iii) Letters of 2 March 1995, 21 April 1995 and 25 August 1995 from the Malatya District Gendarmerie Commander to the public prosecutor's office in Malazgirt;
(iv) Report dated 18 April 1994 drafted by the gendarmes;
(v) Assessment report of the scene of the incident, dated 19 June 1995 and drafted by the gendarmes;
(vi) Report dated 2 August 1995 drafted by the gendarmes;
(vii) Letter of 23 October 1995 from public prosecutor no. 30965 to the Magistrates' Court in Malazgirt;
(viii) Letter of 3 October 1996 from the Malazgirt District Governor to Mr |
Memduh Çetin | 15. The lorry came off the Diyarbakır-Bingöl highway at the Lice turn-off and headed towards the town of Lice. At about 7.40 a.m., one kilometre before the Lice-Kulp fork, the vehicle slowed to a halt as a result of a police minibus blocking the width of the road. Thereafter, four police officers surrounded the van with firearms and proceeded to carry out an identity check of all the occupants. This resulted in |
Salakh Elsiyev | 8. On 31 August 2002 the Russian military troops surrounded the village of Tsotsi-Yurt (also known as Oktyabrskoye). Between 1 and 8 September 2002 they carried out a large-scale special security operation in the village. The military, under the command of General Studenikin (also spelled as Studenkin), based their headquarters and a temporary filtration point on the outskirts of the village. The filtration point, known to the local residents as “the flour mill” and “the brigade”, consisted of an old barn, a former repair station and a fenced yard. Military division no. 4 (4-я дивизия) was among the units which participated in the special operation. At least 86 persons were apprehended during the operation and taken to the filtration point by “AvtoZak” vehicles (GAZ-53 lorries equipped for transportation of detainees), one of which had the registration number 112 BM 61.
(b) Apprehension of |
Mamed Bagalayev | 62. On 18 January 2005 the applicant’s lawyer complained to the district prosecutor that the investigation of Mamed Bagalayev’s murder was ineffective. In particular, he stated that the investigators had not questioned the applicant’s husband, the brother and sister of |
[the Deputy Minister] | 23. On 14 February 2017 the Regional Court of The Hague, sitting in Rotterdam, dismissed the appeal and upheld the impugned decision. As regards the applicant’s reliance on Article 3 of the Convention, it held as follows:
“6. [The appellant] argues that on return he will be at a real risk of a violation of Article 3 of the Convention. He fears that he will be detained and ill-treated because – due to media reports – he is being linked by the Moroccan authorities to terrorist groups and terrorist activities. On this point [the appellant] refers to various documents. In addition, [the appellant] argues that [the Deputy Minister] was not allowed to base his decision on the person-specific official report of the Ministry of Foreign Affairs as insufficient due care had been taken in drawing it up and, in addition, as it lacks clarity. 6.1. The court states at the outset that it is in principle for [the appellant] to make out a plausible case that he is running a real risk of a violation of Article 3 of the Convention. [The appellant] has submitted a number of documents in substantiation of his claim. In addition, [the Deputy Minister] has met [the appellant] halfway in the discharge of the burden of proof which rests on the latter by having the Ministry of Foreign Affairs conduct an investigation which has resulted in a person-specific official report. The court will discuss below [the appellant’s] documents and the person-specific official report of the Ministry of Foreign Affairs. 6.2. [The appellant] has submitted media reports about a terrorist cell that intended to commit attacks in the Netherlands and about a Moroccan man, [name of appellant], who was arrested in October 2014 in the Netherlands on suspicion of terrorism and convicted by the Court of Appeal. [The appellant] also submitted documents about a Moroccan Dutchman who had been interrogated and tortured in Morocco and referred to information from Amnesty International and Human Rights Watch about torture and ill-treatment of detainees and unfair proceedings for terrorist suspects in Morocco. In addition, [the appellant] has submitted an email message from his Moroccan lawyer about the negative attention which [the applicant] will attract upon return and a copy of (part of) an official report of the police in Morocco in the terrorism case of B.B. in which [the appellant’s] name is mentioned. In addition, [the appellant] has submitted part of a judgment of the [Tribunal Correctionnel de Paris] concerning G.H., who is suspected of terrorist activities and [the appellant] claims that this person has been convicted again in Morocco for the same set of facts. 6.2.1. In so far as it appears from the documents submitted by [the appellant] that he is known as a terror suspect or has been convicted of facts relating to terrorism, the court considers that this has already been found credible by |
Minister of Health Care | 28. Furthermore, the applicant noted that, whereas he was accused of having created conditions for unlawful privatisation and sale of State property which belonged to the Ministry of Health Care, under domestic law the agencies responsible for privatisation of State property were the State Committee for Management of State Property (formerly the Department of Management and Privatisation of State Property) and the Ministry of Economic Development. Only these agencies had the authority to dispose of State property. As such, these State agencies had ultimately carried out and approved the sale and privatisation of the assets in question, and officials of these agencies had signed the relevant final acts. The applicant further argued that his role (as |
Shchiborshch | 13. On 10 July 2006 forensic report no. 1262 was issued. The experts made the following findings:
(1) The following injuries were found on Mr Shchiborshch’s body:
- open non-penetrating craniocerebral trauma: depressed fracture of the left frontal and parietal bones, fracture of the sphenoid and parietal bones, and the orbital part of the frontal bone; sub-arachnoid haemorrhages and contusion of the convex surface of the left frontal lobe and the surface of the right frontal lobe, haemorrhaging of the soft tissue and bruising of the left frontal parietal and temporal region; bruising of the frontal region, bruising and abrasions of the right frontal region, and the top of the right eye socket; haemorrhaging of the soft tissue of the parietal-temporal region on the right;
- closed fractures of the sixth, eighth, ninth, tenth and eleventh ribs;
- bruising of the right cheekbone;
- bruising of the right and left shoulder joints, and the left shoulder, the surface of the right hip, the inside of the right knee joint, the front of the right and left shin, the front of the left hip; bruising and abrasions of the left cheekbone and periotic-masticatory region, abrasions of the chin, intra-cutaneous haemorrhages of the chest, bruising and abrasions on the right forearm, right hand, and left arm;
- a 3 cm-long punctured slash wound to the left side of the neck;
- multiple surface slash wounds on the right earlobe, left cheekbone and periotic-masticatory region, the lower jaw, chest, shoulders and hands.
(2) All the injuries were caused while Mr |
Khizir Tepsurkayev | 17. Each day for two months, from morning until evening, the applicant and her husband waited for their son at the entrance to the VOVD. They asked everyone who entered or left the building about Khizir Tepsurkayev. Some of those who had also been detained during the special operation on 27 August 2001 and had been released later on, including the applicant’s neighbour, told the applicant and her husband that they had heard the police mention the surname of |
Saydi Malsagov | 26. On 17 April 2003 the district prosecutor’s office informed the first applicant that on 13 November 2002 they had opened a criminal investigation into the abduction of her son by unidentified armed men under Article 126 § 2 of the Russian Criminal Code (“aggravated kidnapping”). On 13 January 2003 the investigation was suspended for failure to identify those responsible. The letter further informed the applicant that the ROVD had been instructed to search for |
Artur Akhmatkhanov | 30. On 15 August 2004 the Shali district military commander's office (the district military commander's office) informed the applicants that they, with the ROVD and the district prosecutor's office, were searching for |
the Minister of Internal Affairs | 7. On 9 January 2001 the Montana police were tipped off that the applicant, while acting as an expert appointed by the Montana Regional Court to draw up a report in connection with a civil claim brought by a Ms A.G. against her employer, had asked Ms A.G. to pay her money in exchange for her drawing up a report corroborating her claim. The next day, 10 January 2001, the police requested the Montana Regional Court (Окръжен съд Монтана) to issue a warrant allowing them to install covert listening devices in the applicant's office in the hospital and in her private practice, and secretly to mark banknotes which Ms A.G. would hand to the applicant. On 10 January 2001 the court's president, exercising his powers under section 15 of the 1997 Special Surveillance Means Act (see paragraph 22 below), issued a warrant, specifying that the covert surveillance was not to exceed thirty days. The warrant did not mention the applicant's name or the registration number of the request; however, both the request and the warrant bore the number under which the request had been registered at the court. On 11 January 2001 the Montana police informed the chief secretary of the Ministry of Internal Affairs about the warrant by telephone and at 6.30 p.m. the same day received instructions from him to start the covert operation. The next day, 12 January 2001, |
Ivanov-type | 8. The applications in the present case concern prolonged non‑enforcement of domestic final judicial decisions. They raise issues similar to those examined in the pilot judgment in the case of Yuriy Nikolayevich Ivanov v. Ukraine (no. 40450/04, 15 October 2009; hereinafter “Ivanov” or “the Ivanov judgment”). They are part of a group of 12,143 |
Dzhabrail Bitiyev | 42. In October and November 2000 the investigators of the Achkhoy-Martan District Prosecutor's Office questioned the applicant, her husband and several other passengers of the Gazel minibus. The applicant, questioned on 15 November 2000, testified that on 4 February 2000 the village came under attack from federal aviation from early morning. In the afternoon the applicant and her family learnt of a “humanitarian corridor” that would be opened for civilians. At around 4 p.m. she left the house at 15 Oktyabrskaya Street with her son Zelimkhan and daughter Leyla. They took their seats in a blue Gazel minibus, driven by its owner, their relative |
Mehmet Salim | 153. Hüsna Acar declared that she was the mother of Mehmet Salim Acar, that she was living with his family and that, in August 1994, her son had left in the morning to irrigate the cotton field. Her grandson, who had accompanied |
Magomed Soltymuradov’s | 122. The thirteenth applicant, the wife of Magomed Soltymuradov, applied to the district court for an order declaring her husband a missing person. On 3 April 2003 the Urus-Martan District Court granted her request and declared him a missing person with effect from 10 January 2002. The court took into account the statements of the thirteenth applicant and two neighbours who testified that on the night of 10 to 11 January 2002 her husband had been taken away by unknown persons and had not been seen since. The criminal investigation into the abduction had produced no results. The decision was not appealed against and became final on 13 April 2003. On the same day the court granted the thirteenth applicant’s request to certify |
Khanchukayev | 207. It appears from the medical certificate of 6 August 2002, drawn up by the doctor in the Ministry of Security's investigation prison that Mr Khanchukayev was in good health but was suffering from swollen legs. The entry in his medical records on 4 October 2002 mentions numerous bruises, the size of which varied between 1 x 1 cm and 20 x 5 cm, as well as a fracture to the left shoulder. No mention is made of any medical treatment administered to the applicant on that date. The next entry, on 8 October 2002, states that the prison doctor treated Mr |
Nadareishvili | 171. Ms Nadareishvili confirmed that she had been responsible for the extradition case in question within the Procurator-General's Office. On 23 August 2002, together with Mr Darbaydze, she had met five of the applicants in the investigation room of Tbilisi's Prison no. 5. Given those five individuals' refusal to cooperate, she and her colleague had decided against asking that the other applicants be brought to them, as originally planned. Ms |
Abdullah Öcalan | 7. An incident report regarding events that took place between 28 March and 1 April 2006 was prepared on 3 April 2006 by the police and was signed by more than 220 officers. It stated that on 24 March 2006 fourteen PKK militants had been killed by the security forces and that the remains of four of the militants were released to their families in order to be buried in Diyarbakır. On 28 March 2006 at around 7 a.m., the remains were taken to a mosque where around 1,500‑2,000 people had gathered. The crowd blocked the traffic as they carried the coffins, chanted separatist, hostile slogans in Turkish and Kurdish in support of the organisation and |
Bashir Velkhiyev | 19. There, officers of the Ministry of the Interior asked the first applicant and Mr Bashir Velkhiyev their names, dates and places of birth. Then Mr Bashir Velkhiyev was asked where such a large amount of money, USD 12,000, had come from. He slowly replied that he and the second applicant had saved it to buy a house. The officer hit him over the head and told him to reply faster. Mr |
Abdullah Gül | 7. On 15 December 1995 The Guardian published another article by Jonathan Rugman, headed “Turkey hails customs deal as step nearer EU”, the relevant part of which read as follows:
“The Turkish press was rejoicing yesterday at the European Parliament’s decision to ratify a customs union with Ankara, 22 years after it was initiated.
...
|
Umar Karatepe | 12. Again on 3 September 2001 the applicants filed a criminal complaint with the Bakırköy Public Prosecutor. They complained that the police officers had used excessive force during their arrest. They also stated that a person called Ö.U. had been an eyewitness to the events. Sevil Ulaş complained that in the course of her arrest she had received blows to her head and upper part of her body, that her head had been banged against the window, that her hair had been pulled and that these assaults by police officers had continued in the police car. |
Dejan Petrović | 8. At about 9.30 p.m. on 16 January 2002 Mr Dejan Petrović was arrested by the Vračar Police Department (OUP Vračar-SUP Beograd) on suspicion of having snatched a woman’s handbag earlier that evening and was kept overnight in police custody. Mr |
Sulambek Abdulkerimov | 104. On 9 February 2000 the applicant learned that her mother, Tamara Mestoyeva, and her three brothers, Islam, Umar and Ali Orsamikov, had been killed in the cellar of the house at 61 Ordzhonikidze Street, together with |
Adam Ayubov | 31. After the present application had been declared admissible, the Government refused to provide transcripts of any witness interviews despite the Court’s specific request to that end, stating that they had reproduced the contents of those interviews in their observations on the merits of the present case. They submitted in particular that Mr Sh. had stated in his witness interview of 12 January 2001 that on 19 January 2000 armed men in camouflage uniforms and masks had taken him, his neighbour |
Ruslan Sugatiyev | 223. On 13 May 2003 the investigators questioned Mr Ruslan Sugatiyev’s brother, Mr S.S. He confirmed the circumstances of the abduction as described above and additionally stated that the Ural lorry, in which his brother had been taken away from the checkpoint on 8 February 2002, had been seen on several occasions entering the base of the 34 ObrON military unit. He also added that Mr |
Ferhat Tepe | 64. The Elazığ Public Prosecutor requested the former authority to carry out a comprehensive investigation into the death of Ferhat Tepe and to inform him of the outcome. He requested the latter authority to find the person(s) responsible for the killing of |
Anastasios Isaak | 37. The witness is a police inspector serving in the Central Information Service as second in command of Division A. On 9 December 1996 he gave a statement concerning the investigation into the killing of |
Aslan Yusupov | 281. Several days later, the head of the Urus-Martan administration informed the applicants that five bodies had been found in an abandoned garden on the road between Urus-Martan and Goyty. The first applicant immediately went to the scene but did not identify |
Yakub Alamatovich Iznaurov | 51. On 6 March 2002 an investigator from the Grozny prosecutor's office issued a notice which stated that “on 22 March 2001 the Grozny prosecutor's office opened criminal case file no. 15029 under Article 126 (2) of the Criminal Code into the kidnapping of |
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