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Salambek Alapayev | 44. On the same date the investigator collected written statements from the applicants' neighbours, A.B., Z.B. and M.K. According to an incomplete and partly illegible copy of A.B.'s statement, he had not witnessed the abduction but had heard that the abductors had come in several military vehicles, including a UAZ vehicle. According to Z.B.'s statement, at about 3 a.m. on 27 December 2004 she had heard noise coming from the applicants' house; after a while the second applicant had run to her to tell her that |
Said-Khuseyn Imakayev | 39. In October 2005 the Government presented additional submissions about the progress of the investigation. According to them, the investigation into the kidnapping of the applicant's son established that, at about 3 p.m. on 17 December 2000, the VAZ-2106 driven by |
Magomed Ye. | 50. On 9 September 1999 the investigator of the Mayskoye district prosecutor's office questioned the applicant. He stated that his brother had been detained on 23 October 1998 on the orders of the deputy prosecutor of the Malgobek district, Mr |
Chernogorov | 11. On 6 March 2002 an investigator ordered a linguistic examination of the publication. The examination was performed on 18 March 2002 by Mr B., a professional journalist with degrees in language studies and law, teaching at the Language Studies and Journalism Department of Rostov State University. The expert came to the following conclusion:
“General conclusion: The text of the article submitted for examination... conveys in a rather harsh and emotional form the author's opinion and his judgments on the role of the Stavropol Region's governor, Mr |
the Minister of Justice | 24. On 9 September 1997, the applicant lodged a complaint with the Supreme Court, submitting that the length of the proceedings in his case had exceeded all reasonable limits. On 22 September 1997 the Case-law Department of the Supreme Court informed him that he should address his complaints to |
Branko Dolenec | 83. The Pula Prison authorities filed a report with the Pula County Court on 9 March 2007. The relevant part of the report reads:
“...
We have already examined the allegations of the said inmate about the acts of the prison guards of 21 January 2007. The guards involved made their reports and also gave their oral statements. The inmate |
Kolio Transki | 9. Upon the prosecutor's appeal, the acquittal was upheld by the Supreme Court of Cassation on 11 December 1997. The Supreme Court of Cassation found, inter alia, that at the outset there had been clearly insufficient proof of the applicant's involvement in the thefts. In particular, a police officer had testified that the only reason for suspecting the applicant had been the presence of his name on an internal police list of nicknames as the person behind the nickname “ |
Mark H. Donatelli | 101. Professor Rovner recalled that one of the former wardens of ADX had publicly described the prison as “a clean version of hell”. Professor Rovner stated that, despite the evidence set out in the six declarations, conditions at ADX Florence had not changed significantly in the last two years. Solitary confinement for long periods continued. One lawyer, Mr |
Zurab Tsintsabadze | 27. On that same day, the chief doctor of the Khoni prison was also questioned. He confirmed the therapist's statement and added that he had examined the applicant's son on the day of his arrival at the prison. He had, on that occasion, noticed that there were cutaneous scars on the prisoner's stomach and a scar on the right side of his neck. The doctor categorically stated that the prisoner had had no other injuries on his body. To explain the scars on his body, the applicant's son had supposedly told him that he had attempted to commit suicide in Rustavi No. 1 prison and that he was grateful that the doctors had saved him. The doctor stated that the applicant's son, a reserved man, would come and confide in him often. He was a calm and pleasant person. He would tell him, among other things, that it hurt him that his parents and wife never came to see him. The doctor believed that |
Ibragim Tsurov’s | 10. On 26 April 2003 Ibragim Tsurov was driving the VAZ-211030 car with registration number B660PK15 from the village of Khankala, the Chechen Republic, to Vladikavkaz, the Republic of North Ossetia-Alania. There were three passengers in the car - Mr A.S., Mr D.S. and Mr S.N., servicemen of military unit no. 98311. At about 12.30 p.m. |
the Official Solicitor | 14. On 26 October 2006 S.C. wrote to the Official Solicitor to advise him of the contents of H.J.’s report. On 31 October 2006 the Official Solicitor indicated that he would consent to act on behalf of R.P. if invited to do so. On 7 November 2006 Nottingham County Court invited the Official Solicitor to act for R.P. and he formally consented to act as her guardian ad litem on 11 December 2006. In accordance with his usual practice, a case worker (“LM”) wrote to S.C. to confirm that she was to be instructed by the Official Solicitor on behalf of R.P. She enclosed with the letter a further letter and leaflet to be given to R.P. The letter stated that:
“You may already know that on 7 November 2006 |
Aslan Khatatayev | 16. At about 9 a.m. on 21 December 2004 the second applicant and relatives of A.K. came to the Groznenskiy District Department of the Interior (“ROVD”). Mr A., the head of the ROVD, told them that four policemen in an all-terrain UAZ vehicle had gone to Chechen-Aul to arrest |
Hilary Hamnett | 36. Based on the documents provided by the Government, and in particular on the autopsy report and the report of the forensic chemical examination, the applicant submitted her own medical report regarding her husband’s death. The report was compiled by a forensic pathologist, Dr John Clark – a former lecturer at different universities in the United Kingdom and chief pathologist for the United Nations International Criminal Tribunal for the Former Yugoslavia (ICTY) – supported by a forensic toxicologist, Dr |
Islam Utsayev | 103. The relatives of the four men submitted in their application that they had conducted the search for their missing relatives together with the applicant in the present case, and with support from the head of the Novye Atagi administration, Mr Datsayev. At their request, the Shali District Prosecutor's Office opened criminal investigations in respect of the kidnappings of their relatives: no. 59176 in respect of |
Yunadi Sagayev | 70. As regards case no. 61126, the court dismissed the complaint on the ground that the first applicant had not been granted victim status in those proceedings and had failed to submit to the court documents corroborating his claim to be Mr |
Bashir Mutsolgov | 15. In their statements the first to third applicants referred to the time of Bashir Mustolgov's abduction as approximately 3.30 p.m.; according to the statements by Kh. Kh. and Ya. Kh., it occurred “at about 3 p.m.” According to all witness and applicants' statements submitted to the Court, there had been five to eight abductors who had arrived in a white Niva and a dark blue VAZ vehicle; |
Dmitry Kulishov | 34. On 15 March 2005 the investigators questioned Mr M.Ts., who submitted that in the evening of 14 March 2005 his neighbours, Mr S. and Mr V., had visited his flat, where he lived with Mr Dmitry Kulishov. At about 10.55 p.m. he had left the flat to buy some bread in a nearby shop. On his way back he saw five men in camouflage uniforms and balaclavas. Armed with machine guns, they stood at the entrance to his block of flats. Mr M.Ts. tried to enter the block of flats, but the men did not let him in. They spoke Russian with a Chechen accent. Sometime later the armed men left the flat with Mr |
Altay Sayıl | 27. The applicant has attempted to investigate her husband's death herself. She found out from her neighbours that shortly before her husband's death, a black car had been parked in the street. This black car was of the same model as the car driven by |
Süleyman Kutluk | 399. The officers making the final delivery report must have forgotten to recover the significant “ERNK” document. Mr Kara did not have an explanation for the discrepancy of 67 case files seized in one report and 68 case files in another. Nor he could explain why the delivery report referred to the Commission case file of |
İlhan Yücel | 24. Subsequently, the District Administrative Council appointed a major as a rapporteur to conduct further investigations into the killing of Cavit Özalp. On 15 January 1996 the major took statements from the non-commissioned officers, Mr |
Isa Kaplanov | 72. On 19 August 2006 Mr M. Kaplanov was granted victim status in the proceedings and reiterated his previous statement. The Government submitted that from his statement and the applicant’s statement made on 3 September 2006 it appeared that |
Abdul-Yazit | 59. On 10 November 2009 the investigators questioned the applicant’s relative, Mr M.A., who stated that he had witnessed the abduction. His statement concerning its circumstances was similar to the one given by the applicant and |
The Minister for Health | 23. On 4 March 2004, further to a subsequent complaint, a meeting was convened at which the Minister for Health discussed with the representatives of the Hospital and the transplantation centre the case of the removal of the applicant’s son’s organs. |
Rasul Tsakoyev | 41. On 13 October 2004 the investigators questioned Rasul Tsakoyev’s friend Mr R.M., who stated that on 28 September 2004 police officers and the officers from the Federal Security Service (the FSB) had searched his house with a search warrant. After that he had been taken to the second floor of the UBOP building and had been questioned about |
Suleyman Tsechoyev | 84. As can be seen from the statements collected in January 2008 from the applicant and his father, some time in 2001 police officer Musa Kh. had been charged with false imprisonment and abuse of power in relation to the taking of |
Juan Carlos I | 14. The High Court of Justice summed up as follows:
“[T]he [applicant’s] remarks were made in a public, political and institutional setting, regard being had not only to the speaker’s status as a member of parliament but also to the authority to which they were addressed, namely the State’s highest judicial authority, and to the context of political criticism of the [Head of the government of the Basque Country] for his official hospitality in receiving His Majesty King |
Alikhan Sultygov | 15. On the way back, after having picked up Mr Visadi Samrailov, the three men were stopped at the checkpoint and detained. Mr Alikhan Sultygov, Mr Visadi Samrailov and Mr D.U. were placed in a UAZ vehicle and taken to the Leninskiy district military commander’s office which was situated in the same building as the Leninskiy district department of the interior (the ROVD). Mr |
Vakhit Gambulatov | 25. On 13 July 2008 the investigators questioned the applicant’s relative Ms Zh.U., whose statement obtained with interpretation was similar to that of the applicant. In addition, the witness stated that for a number of years the search for Mr |
Kiril Ivanov | 26. As to the other ground for declaring the applicant party unconstitutional, incompatibility with Article 44 § 2 of the Constitution, the court pointed to a number of specific instances in which members of the applicant party and its predecessor organisations had engaged in conduct prohibited under Article 44 § 2 of the Constitution:
– A meeting on 20 April 1991 at the Rozhen Monastery. At this meeting a declaration had been adopted, demanding full cultural, economic and political autonomy of the Pirin region; withdrawal of the Bulgarian troops, referred to as “occupational”; dissolution of all Bulgarian political parties and organisations; the establishment of a Macedonian orthodox church independent of the Bulgarian orthodox church, etc.
– A commemorative rally held on 1 August 1993 in the area Samuilova krepost. A brochure announcing the event had featured a map of Macedonia, which had included territories that are part of Bulgaria (the Pirin region) and Greece, and in the middle of the map there had been depicted the sixteen‑ray Macedonian star symbol[1].
– In 1994 the newspaper Skornuvane, published by UMO Ilinden, had printed a map of Macedonia featuring territories belonging to Bulgaria and Greece.
– On 2 August 1997 the faction of UMO Ilinden lead by Mr |
Farhad Aliyev | 44. Later, on an unspecified date, the investigator lodged a request with the Nasimi District Court for the extension of the period of the applicant’s pre-trial detention. In addition to the new formal charges of 5 July 2006, the request also mentioned that the investigation had evidence of the applicant’s complicity in the attempted coup d’état, an offence with which his brother |
Abdulazhon Isakov | 34. Finally, the court found, with reference to the Court’s case-law in the cases of Ismoilov and Others v. Russia (no. 2947/06, 24 April 2008), Muminov v. Russia (no. 42502/06, 11 December 2008), Yuldashev v. Russia (no. 1248/09, 8 July 2010), and |
Luchaninova | 15. On 18 June 2001 the President of the Supreme Court reviewed the case and, relying on Articles 293 and 294 of the Code on Administrative Offences of 1984, partially changed the resolution of 6 November 2000. While upholding the first-instance court’s finding that the applicant was guilty of the offence with which she had been charged, the President found that:
“... the first-instance court had not taken into due account the requirements of Articles 33 and 34 [of the Code on Administrative Offences of 1984], in particular [it had failed to take into due account] the small value of the stolen objects ... the offender’s age, the actual absence of harm to the company, and that Ms |
N. Mammadov | 16. On 5 February 2007 the first applicant’s lawyer appealed against that decision. He claimed that the first applicant’s administrative conviction had been totally unjustified and that the first-instance court had not examined any evidence proving his guilt. His lawyer further noted that the first applicant had been ill-treated on the premises of the MNS, where he had been unlawfully detained from 4 p.m. on 2 February 2007 to 4 p.m. on 3 February 2007. In that connection, the lawyer submitted that there were bruises on his hand and asked the court to order his forensic examination. The relevant part of the complaint reads as follows:
“It appeared at the court hearing [before the first-instance court] that |
Tofiq Yaqublu | 111. As to the witnesses who had testified against the applicant, the majority of them were police officers. Their statements were contradictory, false, inconsistent in various details (such as, for example, the time and exact locations where they had seen the applicant and |
Abdula Edilov | 28. On 27 April 2004 the district prosecutor’s office replied to the applicant that on 3 April 2003 the investigation had been suspended but that at the same time the VOVD had been instructed to activate the search for those responsible for the abduction of |
Matko Aleksander | 35. In the decision the Public Prosecutor identified D.P., J.K. and M. J. as the officers accused in the applicant’s complaint. After giving a summary of the applicant’s allegations, the Public Prosecutor concluded:
“In the course of the proceedings, the additional information concerning the above-mentioned criminal complaint by the Slovenj Gradec Police and the MIA – Office of the Minister – were obtained. This enabled it to be established that the above-mentioned officers, all employees of the MIA, had participated in the procedure against the applicant.
It would appear from the already mentioned report of the MIA – Office of the Minister – that the employees of the MIA acted in accordance with their powers.
In addition, on 17 January 1997, a request for an investigation against |
Ayhan Özkan | 25. On 3 December 1993 the prosecutor began questioning the police officers who had taken part in the operation on 13 August 1993. One of the police officers stated that police officers Ayhan Çarkın, |
Fadeyeva judgment | 27. The first and fourth applicants' houses are located in the vicinity of post no. 1, situated at 4, Zhukov Street. The data collected from that post showed that in 1999-2003 the concentration of dust, carbon disulphide and formaldehyde in the air constantly exceeded the “maximum permissible limits” (MPLs, safe levels of various polluting substances, as established by Russian legislation, предельно допустимые концентрации). Moreover, an over-concentration of various other substances, such as manganese, benzopyrene and sulphur dioxide, was registered during that period (for further details see § 28 et seq. of the |
Sayd-Salekh Ibragimov | 15. After about twenty minutes another soldier brought Sayd-Salekh Ibragimov into the room. Adnan I. saw signs of beatings on his nephew’s face: his right cheek was discoloured, there was blood in the right corner of his mouth and nose, and he had difficulty standing up without assistance. He also remarked that his nephew was shaking, looked frightened and spoke fast, without looking at anyone. The policemen told them that |
Aleksander Matko | 32. It transpires from the MIA’s report that, on 20 April 1995, the MIA had appointed a “working group” (delovna skupina) consisting of officers from the Slovenj Gradec Police and the MIA to assess the lawfulness of the procedures carried out by the Special Unit and the Slovenj Gradec Police. The Court has not received any documents produced or obtained by this working group, except the above-mentioned MIA report. The latter, which under the “subject” (zadeva) refers solely to the criminal offence allegedly committed by the applicant, reads as follows:
“Further to the analysis of procedures and activities which had taken place on 4 and 5 April 1995, the working group established that all the measures and procedures were lawful and in accordance with legal powers and professional rules.
(...)
The procedure against |
Musa Temergeriyev’s | 165. In February 2003 the head of the criminal police department in Khankala, Mr Zhizhin, informed the town prosecutor’s office that Mr Temergeriyev had not been taken to the criminal police department in Khankala, since there were no detention facilities there. In February 2003 the head of the operational group for the prison system of the Ministry of Justice in the Northern Caucasus reported that there were no detention facilities on the premises of the operational group in Khankala. In July 2003 the military prosecutor’s office of the UGA and the military prosecutor’s office of military unit no. 20102 denied all knowledge of |
Apti Dalakov | 8. In Dzhabagiyeva Street, in the presence of a number of local residents, including Mr I.B.M., Ms A.I.Ts. and Ms F.Kh.Ts., Mr Apti Dalakov was hit by a car and fell to the ground. He got up and limped into the courtyard of the adjacent nursery school. A man from the car which had hit Mr |
Mehmet Özdemir's | 8. On 5 August 1997 Mehmet Özdemir was arrested and taken into police custody where he remained until he was released pending trial on 9 August 1997. Criminal proceedings were initiated against him on the ground that he was aiding and abetting an illegal armed organisation. These proceedings ended with |
Idris Sangariyev | 188. The first applicant is the mother of Mr Said-Ibragim Sangariyev, who was born in 1978, and the second, third and fourth applicants are his siblings. The fifth and sixth applicants are the parents of Mr |
Mustafa Sayğı | 17. On 11 December 2009 a number of soldiers saw Mustafa Sayğı’s elder brother Mehmet Sayğı digging in an area near Yoğurtçu village. Mehmet Sayğı told the soldiers that he had had a dream and that, according to his dream, his brother |
Ivan Mirchev Pashaliysky | 8. The incident was reported to the police by an investigator, who had been tipped off earlier the same day. The police arrested S.V. that night. Traces of the crime having been discovered on S.V.’s hands and clothes, an investigator charged him on 3 June 2000 with murder. On 5 June 2000 a prosecutor indicted S.V. for the murder of |
Sultan Isayev | 21. She coordinated her efforts with the relatives of the other men who had disappeared. On numerous occasions, both in person and in writing, she applied to the prosecutors at various levels, the Ministry of the Interior, the administrative authorities in Chechnya, the Special Representative of the Russian President for Rights and Freedoms in the Chechen Republic, and to media and public figures. In her letters the applicant stated the facts of Mr |
Said-Selim Kanayev | 88. By a letter of 14 October 2002 the military prosecutor of military unit no. 20102 replied to a query of the SRJI concerning the search for Mr Said-Selim Kanayev. It stated that, upon the termination of the special operation in the village of Stariye Atagi, the head of the administration, Mr G., signed a statement to the effect that he had no complaints in respect of the servicemen, but lacked information as regards six residents of Stariye Atagi, including Mr |
Dieter Böhmdorfer | 20. On 19 October 2004 the Regional Court gave a detailed judgment in the case, which referred to the following articles published in the applicant company’s newspaper and summed up by the Regional Court as follows:
“(1) 7 January 2004
The heading ‘Missing father returns home with his two boys’, with a picture of Christian. According to the report, the child’s father returned from holiday with Christian and his brother and had to go to the police because the boy was being forced against his wishes to move in with his mother following an inhuman court decision in the context of a divorce battle.
(2) 8 January 2004
The heading ‘Family drama: Christian needs peace at last’, accompanied by a picture of the child. The report describes a failed attempt to take the boy to Sweden and quotes the head teacher of his primary school as saying that Christian suffers from anxiety. A large number of people, some of whom have signed a petition, are reported to be campaigning for Christian to remain with his father.
(3) 16 January 2004
(a) On the front page, the heading ‘My best friend is my dog’. Underneath is a picture of Christian with his dog and text stating that the child does not wish to go to his mother.
(b) The heading ‘What’s going on here is inhuman’, with two photographs of Christian. According to this article, five police officers entered the primary school in order to fetch the boy, who refused to go with them. The head teacher, some parents and classmates are reported as saying that what happened was inhuman.
(4) 17 January 2004
The heading ‘Mad scramble for 8-year-old’, with a picture of Christian. The report states that several different people want the child, but no one has asked his opinion, resulting in an inhuman tug-of-war which is already affecting the child psychologically. The article further reports that a bailiff went to the child’s father’s flat but found no one at home.
(5) 27 January 2004
(a) On the front page, the heading ‘Christian’s battle for his home’, with a picture of the plaintiff showing him grimacing as he resists being taken (into the police car) by the bailiff, while his brother tries to obstruct the bailiff.
(b) The heading ‘You have no idea what you’re doing to the child’, with two more pictures. The article describes the child being taken from the babysitter’s car to the police car. It likens the scene to something from a distant dictatorship, with two bailiffs trying to tear the young plaintiff away from his familiar surroundings by brute force, against his will and despite his cries for help. Neighbours and friends of the family are reported as crying with rage and directing abuse at the court officials. The plaintiff reportedly sustained a serious injury to his spine at the hands of the bailiffs and had to be taken to hospital.
(6) 28 January 2004
(a) On the front page, the heading ‘The whole of Salzburg up in arms’, accompanied by a photograph of the child lying in a hospital bed wearing a surgical collar. According to the article, the child was injured by the bailiffs’ rough treatment, and everyone was appalled and angered.
(b) The heading ‘Bailiff pursues 8-year-old right into hospital’, with three pictures of the plaintiff, one showing him on a stretcher, one of him grimacing in pain in the arms of the bailiff while his brother tries to obstruct the latter, and a close-up of the child, again grimacing in pain, next to the bailiff and the car. The article also details rough treatment by the bailiffs, reportedly causing injury to the child, who is said to have complained of neck pains and to have told reporters how he had been punched in the back of the neck by one of the bailiffs. The doctor treating him is reported to have fitted a surgical collar.
(c) The heading ‘Cries for help rang out in the night’, again with pictures of the child and reports on the public’s reaction to the bailiffs’ methods;
(d) The heading ‘All for the good of the child’, together with the court’s findings and a picture of the child and
(e) letters from readers angered by the treatment of the child by his mother and the court, again with a picture of the plaintiff.
(7) 29 January 2004
(a) Heading on front page ‘Christian abducted from hospital’, together with a photograph.
(b) The heading ‘Whole country moved by abduction’, with two photographs. The article criticises the allegedly rough methods of the bailiffs.
(c) The heading ‘Did the bailiff want to put a sticker on the child?’, also with critical comments.
(d) The heading ‘Abduction from hospital at dead of night’, also with a photograph The article describes the child’s removal from the hospital by his mother and quotes the father as saying that unless tough action is taken against the bailiffs, he will lodge a complaint.
(e) The heading ‘Minister Böhmdorfer says violence against children is unacceptable’ again with a photograph and comments on the case, including by the then Justice Minister Dr |
Khamzat Tushayev’s | 29. The Government refused to submit a copy of the entire criminal file no. 53092 opened into the abduction of Khamzat Tushayev, providing only copies of several decisions to open and suspend the investigation, witness’ interview records, the investigators’ requests to various State authorities to provide information on |
Orhan Ertaş | 22. All necessary steps were taken to investigate the killing of the applicant's parents and brother, including the collection of evidence. After having completed his preliminary investigation, the public prosecutor of Mazıdağı issued on 7 July 1993 a decision of lack of jurisdiction and the investigation was referred to the public prosecutor's office at the Diyarbakır State Security Court. This referral resulted in the institution of proceedings against Ali and |
Dzhabrail Abulkhanovich Khamidov | 60. Certificate no. 3398 issued by the Chechen Ministry of Justice on 3 April 1996 confirms the registration of the Nedra company on the same date. The certificate states that Nedra is a private company, indicates the company's registered address and the amount of the charter capital and states that the company's “director (founder) is Mr |
Islam Reshidov | 162. By a letter of 22 July 2005 the Chelyabinsk regional department of the police replied that at the investigator’s request they had questioned several officers who had worked in Argun at the time of the abduction. Those officers had submitted that in 2004 the authorities had obtained information that Mr A.Kh. and Mr |
Rezida Benuyeva | 6. The applicants are:
1) Ms Zayra Benuyeva, born in 1951,
2) Ms Kheda Benuyeva, born in 1985,
3) Ms Razet Benuyeva, born in 1976,
4) Ms Larisa Benuyeva, born in 1977,
5) Ms Khava Benuyeva, born in 1994,
6) Ms |
Magomed-Salekh | 80. Between 29 July and 21 August 2005 the district prosecutor’s office interviewed as witnesses A.B., S.B., A.M., Ya.Kh., A.D., T.Sh., A.G., A.Ga., A.Kh., M.G., I.I., M.A. and I.G., residents of Katyr-Yurt. According to copies of their interview records and in so far as they are legible, those witnesses had learnt from their neighbours, fellow villagers or the applicant and her relatives that at about 4 a.m. on 12 November 2002 a group of armed masked men in camouflage uniforms had broken into the applicant’s house and had abducted |
Muška Crnovršanin | 5. The applicants, Ms Remka Kačapor (“the first applicant”), Ms Huljka Kačapor (“the second applicant”), Ms Aziza Elezović (“the third applicant”), Ms Senada Dolovac (“the fourth applicant”), Ms Šaha Rizović (“the fifth applicant”) and Ms |
Usman Mavluyev | 69. On the same date the district prosecutor's office requested the penitentiary service departments in the Southern Federal Circuit to provide information as to whether Usman Mavluyev had ever been admitted to custodial facilities in these regions. The heads of remand prisons in the region were also requested to provide information as to whether |
Ahmet Potaş | 128. On 20 April 1994 300-400 troops arrived, passed the village and set up tents just above the village. The following day their provisions arrived by military vehicles. The villagers helped the soldiers take the provisions to their tents either on their backs or by using pack animals. The applicant first said that the force was made up of both gendarmes and regular infantry soldiers, he later affirmed that they were “ordinary soldiers” and then clarified that he could not distinguish between commandos and gendarmes. In any event, they were all dressed in military uniform. He did not know any of them. From time to time the village council and the muhtar visited Zeyrek gendarme station where |
Vadim Pisari | 17. On 14 January 2012 a senior Russian military officer of the western region, E.S. Kleimenov (cтарший офицер отдела СВ и БВС штаба западного ВО, капитан второго ранга), issued a report concerning the incident of 1 January 2012. The report was provided to the Court by the Russian Government. It stated, inter alia, that V.K. had acted in accordance with the rules applicable in the circumstances when attempting to stop |
Ramzan Shaipov | 59. Meanwhile, at the applicants’ house, about six servicemen, who spoke unaccented Russian, searched the premises saying that they were looking for Wahhabis or radical Chechen rebels, as they had received information that the applicant’s family subscribed to the tenets of those movements. They checked Mr |
Aslanbek Kukayev | 62. In November 2005, when the application was communicated to them, the Government were invited to produce a copy of the investigation file in criminal case no. 12331 opened into the abduction and murder of |
François Mitterrand's | 11. In a judgment of 16 July 1997, the Court of Cassation dismissed appeals on points of law by the applicant company and Dr Gubler against the judgment of 13 March 1996.
The Court of Cassation considered that the Court of Appeal had established the existence of a manifestly unlawful infringement by holding that disclosures made in the book about the development of |
Abdulkasim Zaurbekov | 51. The applicants submitted several press and NGO reports indicating that a number of people had disappeared or had been found dead after being detained by police officers from the Khanty-Mansiysk Region on secondment at the Oktyabrskiy VOVD. Those documents also indicated that servicemen had on several occasions set fire to nearby buildings where, it was suggested, the victims’ bodies could have been found. In particular, the reports mentioned |
Bashir Velkhiyev | 67. According to forensic report no. 37 of 21 April 2005, Mr Bashir Velkhiyev had the following injuries:
(1) multiple extensive bruises to the chest and the back at chest height;
(2) multiple bruises to the head and upper extremities;
(3) multiple extensive bruises to the knee joints extending to the shin, followed by oedema of the soft tissues and considerable swelling of the right knee joint and the lower right leg; extensive bruising to the right hip extending to the buttock; bruises to the tops of the feet;
(4) circular bruises with abrasions of the wrists;
(5) puncture wounds to the right buttock (from injections);
(6) oedema of the brain;
(7) loss of blood from the surface of the lung tissue and decrease in lung volume;
(8) uneven blood flow to the cardiac muscle.
The injuries described at (1), (2) and (3) had been caused by multiple blows with a hard blunt object or objects which had a long cylindrical shape, possibly a truncheon. The injuries described in (4) had most likely been caused by handcuffs. The pathological changes to the internal organs described in (6), (7) and (8) were the result of the traumatic shock caused by the injuries described. Taking into account the location of the bruises and the depth of the lesions which had led to the traumatic shock, confirmed by the oedema of the brain, the decrease in lung volume and the uneven blood flow to the internal organs, all the injuries described in (1), (2), (3), (6), (7) and (8) were to be characterised as serious and life-threatening. All the injuries could have been caused at the time and in the circumstances described in the order. The cause of Mr |
the Minister of Internal Affairs | 21. A hearing was held before the Plovdiv Regional Court on 22 November 1999 at which the prosecutor informed the court that his office did not have access to the intelligence data of 3 November 1999, because the police had refused to provide it without the prior approval of |
Gayk Levonovich Sarkisyan | 1. The case originated in an application (no. 62614/13) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Russian national, Mr |
Bülent Gedik | 66. On 10 April 1996 the public prosecutor instituted criminal proceedings against twenty people, including the applicants, under both Article 146 of the Criminal Code, which makes it an offence to attempt to change or modify the Constitution of the Republic of Turkey in whole or in part, to attempt a coup d'état against the National Assembly or to use force to prevent the National Assembly from carrying out its functions, and Article 168 § 2 of the Criminal Code, which makes it an offence to be a member of an armed group. The applicants were accused of various acts of violence, including voluntary homicide, attempted homicide, throwing explosive devices, taking part in an illegal and violent demonstration and armed robbery.
... 73. On 5 March 1996 ten of the applicants, |
Meriacre Victor Gheorghe | 15. On 10 June 2002 the applicant’s counsel sent to the Court a copy of a letter to him from the applicant, dated 4 December 2001 and requesting a meeting. The letter had been posted on 7 December 2001 accompanied by a written note from the prison’s Governor, stamped with a registration number, and stating:
“We despatch the petition of the convicted prisoner |
Dragan Končar | 8. Having spent the night at the police station, the applicants were taken to the hospital. According to medical reports, Mr Dragan Đekić had a bruise on his right shoulder, Mr Zoran Đekić had bruises on his head, right arm and right shoulder, and Mr |
Alchagin V. | 29. In the course of the inquiry information was received about the possible infliction of the injuries in question prior to the applicant’s arrest. Namely, on 28 September 2003 the Priobskiy police station registered a complaint to the effect that on that date at about 2 a.m. on Martjyanova Street in Biysk unidentified persons caused injuries to |
Altnamachin | 23. These allegations attracted considerable attention on both sides of the Irish border and became the subject of police investigation in both jurisdictions. The Government stated that the police investigation in Northern Ireland was focussed on determining whether Weir's allegations should be assessed as sufficiently credible to require a full investigation. They obtained from the journalist an edited transcript of the interview with Weir. While his whereabouts were unknown to the RUC, Weir met with senior Irish police officers at the Irish Embassy on 15 April 1999. A copy of his statement was provided by the Garda to the RUC, along with a further statement made by Weir to another journalist dated 3 February 1999. The police analysed the available materials and sought to identify the personalities to be interviewed. It became apparent that some had died and that others, living abroad, could not be traced. A series of seven interviews were conducted, under cautions, between July and December 2001, of those individuals central to Weir's account who could be traced. No charges were preferred. The interviews followed the format of Weir's allegations being put to the interviewee for his or her response. The predominant response was denial of any involvement and claims that Weir had been untruthful. No admissions were made by any interviewee. Interviews were also conducted with less central personalities and with police officers involved in interviewing Weir in 1978. The latter stated that Weir had not mentioned the matters now being alleged. Amongst those interviewed by the police in the course of the preliminary investigation of Weir's allegations, was one person questioned about the |
Binnaz Demirbaş’s | 14. Up until 14 February 2007 the applicants and their representatives requested the formers’ release pending trial several times both before the Istanbul State Security Court and the Istanbul Assize Court. On each of those occasions the trial court rejected the applicants’ requests, considering that the reasons justifying their remand in custody still obtained on account of the “nature of the offence of which they were accused, the evidence in the file, and the continuing risk of escape”. |
Bettencourt | 52. After June 2010 there were many developments in the case, with its various political and financial repercussions, and they were widely reported in the media. On 17 November 2010 the Court of Cassation ordered the transfer of all the aspects of the |
Prophet Muhammad | 21. In reply to the Ministry’s action, on an unspecified date the Association lodged an objection with the court, claiming that it had not engaged in religious activities. In particular, the Association submitted that decisions such as holding a conference dedicated to the birthday of |
Aslan Israilov | 54. The first applicant learnt of the arrest at around 1.50 p.m. while he was at work in Grozny. He immediately contacted the Chechnya Prosecutor’s Office and the Prosecutor’s Office of the Achkhoy-Martan District (“the district prosecutor’s office”). On the same day he wrote to the district prosecutor’s office, giving the registration plates of the two Zhiguli cars. The first applicant spent the rest of the day contacting various other law-enforcement authorities in Chechnya, but was unable to find out anything about the fate of his son and |
Ibragim Elmurzayev | 48. In a witness interview of 5 April 2004 Suleyman Elmurzayev, one of the three men who had been taken away and then released on the date of the incident (see paragraphs 23 and 24 above), stated that on 27 March 2004 a group of men wearing camouflage uniforms and armed with automatic firearms had burst into the house at 23 Rodnikovaya Street and forced him outside, where he had been put in an UAZ vehicle. After having driven about 500 metres the vehicle had stopped and the men ordered him and his two uncles, apprehended with him, out of the car. They remained there for an hour, threatening the three men with death by shooting. He had seen two UAZ vehicles driving away. According to the Government, |
Mircea Zoltan | 40. On 11 November 1997 a criminal trial, in conjunction with a civil case for damages, began against the civilian defendants in the Târgu-Mureş County Court. During these proceedings, the applicants learned of the overwhelming extent of the evidence against the police. Various witnesses testified that police officers had not only been present that evening but had actually instigated the incident and then stood idly by as the two Lăcătuş brothers and |
López Elorza | 40. Concerning the applicant’s right to obtain early release, the report specifically stated that “since 1987, there has been no federal parole system in the United States”. The applicant, however, could ask for early release if he provided substantial assistance after his conviction and the imposition of his sentence. In addition, US law also allowed for compassionate release under section 3582 of Title 18 of the US Code. The report specifically stressed that the Bureau of Prisons could reduce the applicant’s sentence if it found that there was “an extraordinary and compelling reason to do so; for example, if a medical condition arose with |
Akhmed Buzurtanov | 62. On the same date the investigators again questioned the second applicant, whose statement was similar to the one she had given on 7 December 2012 (see paragraph 17 above). In addition, she stated that Mr |
Nela Carabulea | 78. In his statement, Constantin Gheorghe confirmed that Gabriel had been kept in a ward under constant police surveillance. Although he did not see Gabriel during his stay in the hospital, he accompanied |
Magomed Umarov | 53. On 24 March 2001 and 18 January 2002 the investigators questioned one of the M. brothers, who had also been detained on 27 May 2000. M. stated that at around 5 a.m. on the date in question he had been abducted from his house in Klyuchevaya Street by unidentified masked men in camouflage uniforms and armed with automatic firearms, taken outside Grozny and put in a pit approximately two metres deep. In the pit he had seen |
Abdul-Yazit | 20. On 12 November 2009 the UMG lawyers took a statement from the applicant’s husband, Mr D.A., who described the circumstances of the abduction. He added that the abductors had spoken Russian and that the applicant and his brother, Mr M.A., had gone to see the Envoy. The latter called the Shali ROVD and was informed that |
Hüseyin Başbilen | 19. On 25 December 2006 the applicants lodged an objection with the Sincan Assize Court against the decision of 28 November 2006. They referred to a number of shortcomings in the investigation conducted by the Ankara public prosecutor. They complained, in particular, about the failure of the public prosecutor to take statements from their son’s wife, the psychiatrist who had been treating Mr |
R. Vakhayev’s | 110. On 30 September 2005 the Town Court allowed the applicant’s complaint and ordered the investigators to conduct a thorough and effective investigation of the abduction and allow the applicant to view the investigation file. The text of the court’s decision included the following:
“... from the case-file materials it follows that the investigation failed to take all the necessary steps to establish the whereabouts of the abducted man and identify the perpetrators. In particular, they failed to:
- identify and question the witnesses who had been at the checkpoint during |
Kyriacos Tsiakkourmas | 124. On 16 December 2000 the SBA police interviewed Mr V.Z., the owner of the white Isuzu pickup with registration number UJ 100, which the first applicant claimed had been travelling in front of him towards Pergamos on the relevant morning. V.Z. stated that on the morning of 13 December 2000, his car had been driven by a Turkish Cypriot worker of his, whose name he did not reveal for safety reasons (but who will be referred to as “X” hereinafter). According to what V.Z. had heard from X, as he was driving from Pergamos to Pyla on the morning of 13 December 2000, X had noticed two civilian cars, one red and the other white, blocking the way of a double‑cabin pickup that had been coming from the direction of Pyla (that is, the opposite direction to him). As he approached, he saw three or four persons running from one of the vehicles towards the pickup and by the time he was driving past those vehicles, they were pulling the driver out of the pickup, while three or four other people were sitting inside the other vehicle. V.Z. stated that X had not seen anything more because he had driven past without stopping. Allegedly, a couple of days after the incident the first applicant’s nephew, |
Rezvan Topaloğluları | 72. In his statements to the investigating authorities, Infantry Private Harun Avşar claimed the following, in so far as relevant, in relation to his killing of Petros Kakoulli:
“...Today, on 13.10.1996, |
Zelimkhan Umkhanov | 17. The third and fourth applicants did not witness Zelimkhan Umkhanov's detention but referred to eye-witness statements submitted by them to the Court. According to those statements, at about 4 p.m. on 2 July 2001 |
Grigolashvili | 100. Secondly, the judgment referred to the testimonies of Ms Kikalishvili and Mr Tsartsidze, the relatives of Mr Kakushadze. They testified about what Mr Grigolashvili had told them about the events of 7 and 8 August 2000. Thirdly, the court referred to the recordings of the conversation between Mr |
Bettencourt | 17. Those two statements are extracts from the testimony of the “former director of L’Oréal once responsible for the management of Liliane Bettencourt’s assets” and her former accountant. The first spoke of a “hold” over Mrs |
Ilyas Akiyev | 68. A decision of 2 October 2000 taken by the investigator in charge and approved by the military prosecutor of military unit no. 20102 ordered that the term of the preliminary investigation should be extended until 6 November 2000. The decision stated, in particular, that it had been established that on 6 August 2000 at about 9 a.m. the applicants’ two relatives, together with |
Nedjeljko Ajdarić | 9. On 3 March 2006 S.Š. gave his evidence before an investigating judge of the Bjelovar County Court (Županijski sud u Bjelovaru). He said that he had overheard conversations between the applicant and M.G. in which they had discussed the murder of three persons of which M.G. had been accused and which had revealed that the applicant had been an accomplice in these crimes. The relevant part of the written record of his statement reads:
“Owing to health problems I was placed in Zagreb Prison Hospital between 23 November 2005 and 13 January 2006. ... The day after I had been admitted to the Hospital, M.G. arrived and was placed in the same room. His bed was next to mine. ...
About five to six days after that |
Meischberger | 14. On 6 August 1999 the Vienna Commercial Court (Handelsgericht) dismissed Mr Meischberger's action. It noted that it had initially been intended to show the exhibition in Prague, Bucharest and Luxembourg as well; now the intention was to close down the exhibition. The court further found that it could be ruled out that the painting had adversely affected the claimant or divulged information about his private life, as the painting, which resembled a comic strip (“comixartig”), obviously did not represent reality. However, a painting showing the claimant in such an intimate position could, regardless of its relation to reality, still have a degrading and personally debasing effect. In the present case, however, the right of the applicant association to freedom of artistic expression outweighed Mr |
Nermin Karabulut's | 18. On 29 September 1998 the Forensic Medicine Institute issued its report on the results of tests carried out on a blood sample taken from Nermin Karabulut's body and on the yellow liquid in the syringe found with her. According to the report, there were no drugs in |
Natalia Schedko | 82. At its meeting on 3 April 2003 the Human Rights Committee established under Article 28 of the Covenant expressed the following views after consideration of Communication No. 886/1999, submitted on behalf of Ms |
Gavrielides | 36. The applicant submitted that he had been informed that the wife of one of his brothers had sent a letter dated 25 January 1996 to Judge Gavrielides demanding the payment of rents concerning an apartment in Nicosia for which that judge had the keys and made personal use of following the departure of the tenant. The judge never replied to the letter and stopped using the apartment. The applicant also stated that the judge had some personal economic interests in the Town Planning Department and thus did not want the applicant to hold such a key post. He claimed that in another judgment adopted by the full bench of the Supreme Court in a different case Judge |
Khachatryan | 38. In addition to the technical passport and the plan of the house mentioned above, the applicant submitted photos of the house and written statements dating from August 2010 by two former officials of the village council, Ms |
Intigam Aliyev | 27. On 25 October 2014 the investigation authorities returned a number of the case files concerning the applications lodged before the Court, including the file relating to the present case, to Mr Aliyev’s lawyer. The investigator’s relevant decision specified that “since it has been established that among documents seized on 8 and 9 August 2014 there were files concerning applications by a number of individuals and organisations lodged with the European Court of Human Rights, which have no relation to the substance of the criminal proceedings [against Mr |
A. A. Salamov | 9. On an unspecified date Major-General V., the head of the “East” zone group of the joint forces of the internal troops of the Ministry of the Interior, wrote to the Shali district prosecutor’s office:
“In reply to your written enquiry of 22 February 2000 concerning Mr |
Adam Ayubov | 23. On 18 January 2001 the Department of Justice of the Republic of Ingushetia, in reply to a request of Adam Ayubov’s brother concerning the whereabouts of Adam Ayubov who had been detained by servicemen on 19 January 2000, stated that they had requested the Ministry of Justice to check whether |
Meral Daniş Beştaş | 35. The applicant alleged that during his detention he was severely beaten, threatened with execution, insulted, deprived of sleep and food and blindfolded much of the time. He stated that Tahir Elçi, Niyazi Çem and |
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