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Beslan Khutsayev | 62. On 18 September 2003 the district prosecutor's office sent a request for information to all the district prosecutor's offices in Chechnya. The letter referred to the detention of the three men on 16 December 2001 by unidentified armed persons and asked the offices to check whether |
M. Osman Rostar | 31. The first applicant was once more interviewed by the immigration authorities on 10 March 2005, after which, on 3 August 2005, the Minister issued the first applicant with a notice of her intention to reject his asylum application. The Minister reached the same conclusions, based in the relevant part on the same grounds, as the Deputy Minister had reached in her notice of intent of 9 October 2001 and subsequent decision of 20 February 2002 in relation to the first applicant’s knowing and personal participation in human rights violations attributed to his former employer – the KhAD/WAD – and consequent application of Article 1F of the Refugee Convention against him. The Minister to a large extent used as a basis for her notice a book by a Professor Dr. |
Lavrent Kirakosyan | 7. On that day a demonstration took place in Yerevan. The applicant alleged that he had not attended the demonstration. According to him, after visiting his son at 3 p.m. he went to the bus station to take a bus back to his village but all public transport to Yerevan had been suspended because of the demonstration. At the bus station he met two co-villagers, |
Tofiq Yaqublu | 32. E.I. and M.A., the defendants charged with participation in clashes with the police in the morning (around 10:30 a.m.) and the afternoon (around 5 p.m.) of 24 January 2013 (allegedly after having been incited by the applicant) (see paragraph 20 (c) above), did not mention the applicant or |
Shamil Khalidov | 15. At some point the Ministry of Interior of Ingushetia established that a unit of servicemen of the department of interior of the Nadterechny District of the Chechen Republic (“the Nadterechny ROVD”), under the command of Mr K., had been in the village of Psedakh at the time of the apprehension of Isa and |
Shamil Akhmadov | 55. The applicants submitted that after Akhmadov's apprehension they were subjected to constant pressure and harassment by the military, who regularly arrived with APCs, and proceeded to surround and enter the house. According to the applicants, 10-12 servicemen dressed in camouflage, armed with automatic weapons and guns, sometimes wearing balaclava masks and bullet-proof vests would enter the house. During these raids they would break or take away the applicants' property, burn furniture, and search the house and garden in an apparent attempt to find weapons. They also threatened the applicants and their children, said that |
P.K. Thomas | 5. On 26 August 1996 the applicant applied for disability benefits (handikappersättning) under Chapter 9, section 2 of the Social Insurance Act 1962 (Lagen om allmän försäkring, 1962:381 - hereinafter “the 1962 Act”). He claimed that, even before his 65th birthday in 1983, he had incurred extra costs due to his illness, Charcot-Marie-Tooth[1], from which he had suffered since the 1970's and which had been diagnosed in September 1982. In support of his claim, he submitted:
(i) A medical certificate dated 27 August 1996, produced by the applicant's general practitioner, Doctor P. Dekany, at the applicant's request, supporting his application for disability benefits. It stated that the doctor had known and treated the applicant since 1961, and that the Charcot-Marie-Tooth disease had started in the early 1970s involving difficulties in walking, problems of balance, dragging of the feet and the patient tripping over and falling continuously. The muscles in the legs and feet had considerably withered. The illness had attacked even the hands and arms, with withered muscles and reduced strength in the fingers. Because of multiple inconveniences, the patient's functional capacity had been strongly reduced; he needed help for heavier household tasks, the preparation of meals, the purchase of household goods, carrying heavier objects, and for personal hygiene. The patient had incurred extra costs for medical treatment, foot rails, soft shoes, home assistance, and to some extent his food budget because of a limited ability to prepare meals; he also had to pay for the transportation service for disabled persons, and extra travel by personal car, because of his considerably reduced ability to walk.
(ii) A statement of 21 April 1997 by Doctor P. Dekany, reproducing extracts from the applicant's medical records for the period between 1975 and 1983, with a diagnosis of the Charcot-Marie-Tooth disease in September 1982;
(iii) A statement dated 23 March 1983 by Mr |
Beslan Beksultanov | 60. By a decision of 25 May 2007 the District Court granted the applicant’s request in part concerning the reopening of the investigation. It held that the investigators had failed to rectify the shortcomings indicated by higher-ranking prosecutors. In particular, they had failed to interview officers from the Groznenskiy ROVD’s detention facility or Is., head of the VOVD, who had told the second applicant that he would be able to liberate |
Umar Musayev | 16. Thereafter the Musayev brothers were brought to the Urus-Martan Temporary Office of the Interior (временный ОВД Урус-Мартановского района, “the VOVD”) and questioned. The first applicant submitted, with reference to the witnesses' accounts, that after the interrogation her sons and three other persons apprehended in Gekhi that day had again been brought to the temporary operational headquarters. At 5 p.m. the military released the other three persons, but not Ali and |
Abdullah Öcalan | 488. Gendarmes and police officer searched Mr Acar's house on 15 November 1993. The report was made up and signed at 11.30 p.m. It described the seizure of various documents, including those entitled “The paths and tasks of the Turkish Revolution”, “Thoughts on the PKK”, “Kurdistan under fire” and several publications by or concerning |
Maria Vasileva Baleva | 5. The applicants were born in 1930, 1925, 1920, 1920, 1926, 1931, 1934, 1931 and 1924 respectively. On 8 October 2002 the fourth applicant, Mr Milko Kalev Balev, passed away. By a letter of 10 April 2006 his wife, Mrs |
Nevzat Kaya | 452. On one occasion she believed she had transported documents and hand grenades for the PKK from Diyarbakır to İstanbul. Two people picked them up from her house. They stayed two days and then were taken away by Niyazi Çem. One of these people was a woman called Beriwan. Other lawyers working for the PKK were MM. Elçi, Acar, Tur, Erten, Çem, Beştaş, Demırhan and Demir, and Mrs Beştaş.
d) |
Islam Dubayev | 41. On 31 May 2000 the first applicant complained to the Urus-Martan VOVD about the disappearance of his son after his release from the district department of the FSB on 18 March 2000. The first applicant asked for his son's name to be put on the list of missing persons and provided a photograph of |
Necmettin Erbakan | 6. A number of newspapers and TV stations devoted coverage to the play and several provisions of the Criminal Code, which the applicants were supposed to have breached, were cited in some of those newspapers. On 20 April 1997 the daily Hürriyet newspaper ran the headline “The play that led the general to rebel”, referring to an army general having severely criticised the ruling Refah Party and its leader |
Tumisha Sadykova | 165. At some point after the abduction, one of Ms Tumisha Sadykova’s colleagues (named Adam) and a relative of the applicants (named Aslanbek) – both of whom assisted the applicants in the search for Ms |
Володимирівна | 8. On 24 March 2004 the applicant lodged a request with the Civil Status Registration Office in Bila Tserkva (hereinafter “the Registration Office”) seeking to change her patronymic from Volodymyrivna ( |
the Minister of the State Treasury | 19. In the meantime, the applicant had lodged a complaint with the Ombudsman regarding the Foundation’s inactivity. On 4 April 2001 the Ombudsman informed the applicant that, regrettably, he was not in a position to question the lawfulness of resolutions adopted by the Polish‑German Reconciliation Foundation or any other foundation. The Polish‑German Reconciliation Foundation was established in accordance with the Foundations Act of 6 April 1984. In this particular case, the Foundation operated under the supervision of |
Burhan Afşin | 28. On 30 June 1995 15 people were brought before the Diyarbakır State Security Court (hereinafter “the Diyarbakır Court”); Vehbi, Memduh Çetin and Gürgün Can were among them. The first two were released by the Prosecutor whereas Can was released by a judge. |
Abu Bakr al-Baghdadi | 7. According to an official report (ambtsbericht) drawn up by the General Intelligence and Security Service (Algemene Inlichtingen- en Veiligheidsdienst – “the AIVD”) dated 14 September 2014, information provided by a generally reliable source indicated that a certain Moroccan national residing in the Netherlands, had sworn allegiance to |
Oleksandr Volkov | 109. In respect of the general measures taken in the four cases pending supervision to avoid similar violations of Article 18 in conjunction with Article 5, the Committee’s Secretariat’s analysis in the cases of Tymoshenko and Lutsenko (see the Committee’s examination of the case at its 1193rd Human Rights meeting (4-6 March 2014)) indicated:
“... reform of the prosecution service and the constitutional reform aimed at strengthening the independence of the judiciary, appear relevant and interesting and a more in-depth examination is under way (both these draft legislative reforms have been examined from a more general point of view by the Venice Commission in 2013 – see CDL‑AD(2013)025E and CDL‑AD(2013)034E). It also underlined that the progress achieved in these respects is also followed in the context of other groups of cases, notably the |
the Minister for Industry | 17. The Ministry of Industry's Interdepartmental Expert Council, comprising representatives from several ministries, considered the two schemes on 9 September 1999. It examined the findings of the specialist board of experts, as well as the opinions of the Pazardzhik Regional Inspectorate of Environment and Water, of Panagyurishte's mayor, and of the regional governor. It also heard Mr Blagiev's explanations. Following a discussion, which touched upon, among other matters, the alleged heavy‑metal content in the sludge from the Plovdiv plant, the Council unanimously resolved to approve ET Marin Blagiev's scheme. The resolution was later approved by |
Abdulvahit Narin | 16. On 12 May 1994 and 10 June 1994 the Diyarbakır Public Prosecutor took statements from N.T. and L.B. in relation to the allegations concerning the killing of Abdulvahit Narin. N.T. and L.B. denied the allegations that they had been involved in the killing of |
Paul Giniewski | 17. The applicant appealed. In a judgment of 9 November 1995, the Paris Court of Appeal upheld, in so far as it concerned the applicant, the judgment of 4 October 1994 and overturned the judgment of 8 March 1995. The Court of Appeal acquitted the applicant and dismissed the civil party's claims against him. In particular, it held that:
“... in his article, |
Movsar Tagirov | 12. Then the armed men compelled the Tagirovs to proceed to the courtyard. They did not allow Movsar Tagirov to dress himself properly with the result that he left the house without jacket or shoes. The armed men forced him to stand face to the wall and ordered that someone bring his identity papers. The fourth applicant produced a task force trainee's badge; the armed men examined it and then took |
Lyubov Vasilyevna Nazarenko | 6. The applicants are:
(1) Mr Nikolay Ivanovich Malysh, born in 1949,
(2) Mr Vasiliy Aleksandrovich Bogomolov, born in 1944,
(3) Mr Sergey Stepanovich Iglin, born in 1949,
(4) Ms Zinaïda Aleksandrovna Sannikova, born in 1954,
(5) Ms |
Necati Aydın | 55. On 10 April 1994 the bodies of Necati Aydın and Mehmet Ay were identified by their respective brothers. The third body remained unidentified. The bodies were photographed once more. The Prosecutor at the Diyarbakır Court issued a burial licence for |
Patrick Finucane | 25. In prison, Brian Nelson allegedly admitted that, in his capacity as a UDA intelligence officer, he had himself targeted Patrick Finucane and, in his capacity as a double agent, had told his British army handlers about the approach at the time. It was also alleged that he had passed a photograph of |
the Minister of Justice | 10. On 20 November 2001, a lawyer from LHR informed the Moldovan Prosecutor General’s Office that the applicant and seven other people were being held in Pruncul Prison Hospital on the basis that they had been convicted by “MRT” courts. He asked for their immediate release, in view of the fact that they had been convicted by unlawful courts. He also submitted that some of those eight detainees had already lodged applications with the Court, and that a failure to immediately release them or any attempt to transfer them back to the “MRT” authorities would result in the Republic of Moldova incurring responsibility. A similar letter was sent on the same day to |
Mathieu Lindon | 21. In its edition of 16 November 1999, in a column entitled “Rebonds” (“reactions”), the daily newspaper Libération published an article signed by ninety-seven contemporary writers concerning the first two applicants’ conviction, on charges of defamation and complicity in defamation, by the Paris Criminal Court in its judgment of 11 October 1999 (see paragraph 14 above). The article took the form of a petition and read as follows:
“Petition. The passages from the book ‘Jean-Marie Le Pen on Trial’ for which |
Vincent Lambert | 16. On 9 May 2013 the applicants applied to the urgent-applications judge of the Châlons‑en‑Champagne Administrative Court on the basis of Article L. 521-2 of the Administrative Courts Code (urgent application for protection of a fundamental freedom (référé liberté)), seeking an injunction ordering the hospital, subject to a coercive fine, to resume feeding and hydrating |
Akhmed Buzurtanov | 7. Between 9 and 10 p.m. on 6 December 2012 Mr Akhmed Buzurtanov was driving home from Nazran in his white Lada-Priora car with registration number AH214A06. At about 10 p.m. he called his wife saying that he would arrive soon, but he did not. The applicants tried to call him, but his mobile phone was switched off. At around 5 a.m. on 7 December 2012 the applicants and their relatives found Mr |
Vanessa Ntabugi | 6. In the course of 2000 the applicant, a Congolese national, was granted refugee status under the mandate of the United Nations High Commissioner for Refugees in Cameroon (hereafter UNHCR/Cameroon). According to his certificate of refugee status, he was accompanied by his wife, who also held such a certificate, and his children ( |
the Director of | 34. In the meantime, between 28 May 2010 and 2 June 2010 orders for the detention and deportation of forty-five failed asylum seekers were issued following background checks. Letters were sent by the District Aliens and Immigration Branch of the Nicosia Police to |
Sadık Simpil | 44. On 23 July, in the afternoon, the witness and others went to cut down poplars in the Hista area which belonged to Sadık Simpil. Three village guards were keeping watch on the hills. They heard gunshots downstream and returned fire. |
Ileana Stana Ionescu | 9. Although at national level the applicant had secured 5,624 votes out of a total of 21,263, the Central Electoral Office allocated the parliamentary seat to another member of the Italian Community of Romania, Ms |
Khamzat Shakhidov | 20. The applicants are close relatives of Mr Akhyad Shakhidov, who was born in 1964, and of his brother, Mr Khamzat Shakhidov, born in 1968. The first applicant is the wife of Mr Akhyad Sakharov; the second, third and fourth applicants are his children. The fifth applicant is the wife of Mr |
Sergeant Mutafov | 12. At about midnight on 29 January 1996 a Ms I.A., who lived in a block of flats in Beli Lom Street in Razgrad, noticed from her balcony a man later identified as Mr Zabchekov hanging around by parked cars, bending over and “doing something”. Ms I.A. telephoned a neighbour, Ms I.M. The two women shouted at Mr Zabchekov from their balconies to ask him what he was doing. At that moment |
Vladimir Voronin | 78. In a report entitled “State to Public: Genuine Public Service Broadcasting in Belarus, Moldova and Ukraine?” (December 2005), Article 19, an international non-governmental organisation based in London which works on issues connected with freedom of expression, found as follows (footnotes omitted):
“3.1. Overview
Moldova was the first country of the CIS to embark on a process towards the establishment of PSB [public service broadcasting]. It is also currently the only one of the three countries to have transformed its State broadcasting company, TeleRadio-Moldova (TRM), into a PSBO [public service broadcasting organisation]. Yet while PSB exists in theory, in practice the new broadcasting company remains only nominally independent from government control, and output continues to be heavily biased in favour of the existing regime. Overall, it fails to provide viewers and listeners with accurate and objective information and a plurality of views and opinions. The consolidation of a genuine PSB structure will depend on the ability and will of the authorities to fully implement the newly-adopted provisions, as well as on the success of civil society's campaigning efforts.
In March 2003, the Moldovan Parliament adopted the Law on Amending and Supplementing Law No.1320-XV on the National National Public Broadcasting Company TeleRadio-Moldova (First Amending Law), which modified a previous law passed in July 2002 (PSB Law) following recommendations from the Council of Europe. A later controversial amendment to the Law, adopted in November 2003, provided for the liquidation of TRM, enabling its reincarnation as PSB, as well as the replacement of its entire staff (Second Amending Law).
For a prolonged period of time it remained unclear how the re-staffing would be carried out, and generally journalists and human rights organisations were not provided with essential information as to the mechanisms that would be employed to implement these measures. In addition, the initial debates which led to the adoption of the First Amending Law in its first reading were held in an atmosphere of virtual secrecy. At this stage the company's staff was utterly unaware of the fact that a law on TRM was being debated in Parliament.
Similarly, the process by which the Second Amending Law was adopted did not provide for sufficient opportunity for public consultation, despite the significant public importance of a law of this nature. The draft was submitted to Parliament by seven MPs on 13 October 2003, and adopted in its first reading almost immediately; it then passed its second reading exactly a month later. Some local NGOs and international organisations, such as the Council of Europe, acted very rapidly in providing recommendations on the draft. Other groups simply did not have the time to participate in this process.
Despite the changes, TRM is still under the influence of the authorities. In addition, the quality of programmes has been quite low since the transformation. There is a need for additional funding, to train the employees and raise the standards of professional journalism.
Another worrying fact is that there has been a progressive decrease in the diversity of media outlets. 'Analitic Media Grup', the media organisation that founded Pervii Kanal v Moldova, which until recently re-broadcast the Russian First Channel - as well as having some programmes of its own, including Moldovan news - , was deprived of its licence in October 2005. The licence was, instead, given to a newly-established, unknown television station, which allegedly has close links to President |
Visadi Shokkarov | 61. On an unspecified date the Mozdok forensic bureau informed the investigators that on 3 February 2003 an investigator from the Nadterechniy prosecutor’s office had brought Visadi Shokkarov’s corpse to the morgue and requested the third applicant to collect it. It appears that the investigator had been confused and instead of stating that the corpse belonged to |
Isa Kushtov | 11. On 16 July 2006 a group of armed masked men in camouflage uniforms headed by prosecutor Sh. came to the first applicant’s house and ordered her to give a blood sample for the identification of her son, |
Dominik Korzeb’s | 14. During the court proceedings the authorities further extended the applicants’ detention by decisions of the Ostrołęka Regional Court of 24 April and 23 July 2002, a further decision of an unspecified date, 19 December 2002, another decision of an unspecified date, and lastly, its decision of 29 May 2003. In the latter decision the court extended |
Broekhuijsen | 19. At 6.01 p.m. on 1 February 2002, Mr Broekhuijsen was arrested on suspicion of having violated Article 184 of the Criminal Code. He was not taken to the police station but remained on the applicant company’s premises. After the Amsterdam public prosecutor had arrived on these premises and after he had been brought before the prosecutor, Mr |
Abu Adamovich Aliyev | 14. On 12 November 2002 the Grozny Prosecutor's Office informed the applicant that an investigation into her husband's kidnapping had been instituted on 11 November 2002 under Article 126 § 2 of the Russian Criminal Code (“aggravated kidnapping”). The decision to institute the investigation stated, inter alia:
“On 29 October 2002 at approximately 2 a.m. unidentified men armed with automatic weapons in masks and camouflage uniforms, having broken down the entrance door, entered apartment no. 77 at Bogdana Khmelnitskogo street, house 141, building 5 in the Leninskiy Distict of Grozny and forcibly took [Mr] |
Commissario | 9. By a decision of 27 November 2009 (hereinafter also referred to as the exequatur decision), the ordinary first-instance tribunal (Commissario della Legge, hereinafter the Commissario), accepted the request in conjunction with the crimes of conspiracy, money laundering, aggravated fraud and embezzlement with the aim of fraud, considering that the relevant requirements for the execution of the request were fulfilled. In particular the |
Ayub Takhayev | 12. The intruders kept the first and third applicants locked in their rooms. When the first applicant tried to break through the door, one of the servicemen entered her room and pushed her in the chest so that she fell down. Then the servicemen locked the first, third and fourth applicants in one room. The women cried and begged them not to take |
Zalina Mezhidova | 46. The latter informed the SRJI on 6 January 2003 that during the preliminary investigation in criminal case no. 34/33/0741/01, opened in relation to the abduction and murder of Amkhad Gekhayev and |
Michael Maloney | 15. In January 2000, when it became known that Margaret Connors was going to marry Michael Maloney, the applicant alleged that the Council manager of the site stated, “The minute you marry Michael Maloney you’ll be out that gate”. |
Ramzan Saidov | 19. On 5 March 2007 the applicant was questioned by an officer of the department of the interior of the Grozny District. She stated that she did not remember the exact date, but that at about 7.30 a.m. in early October 2002 armed men in camouflage uniforms had burst into their house and taken |
Akhmed Gazuyev | 102. In the evening of 27 December 2000 the Urus-Martan district military commander, Mr G.G., stated in a television programme that his unit had arrested a member of illegal armed groups, and read out identity information on |
Ibragim Kushtov | 27. On an unspecified date in June or July 2006 the first applicant again complained to the Prosecutor General, the head of the Federal Security Service and the Minister of the Interior, stating that her family was being threatened by law-enforcement agents, who had harassed her and her relatives and that her son Mr |
Haşim Üstünel | 60. This report is signed by Lance Corporals Ali Yavaş and Mustafa Tüylek and by Master Sergeants Yusuf Karakoç, Mehmet Yılmaz, Mustafa Ten, Süleyman Altuner, Üzeyir Nazlım and Ramazan Baygeldi. It states that at around 7.30 p.m. on 25 November 1990 sounds were heard in cell no. 18. The door of the cell was opened and the occupant was found unconscious, having convulsions and thrashing from side to side. An attempt was made to contact Senior Major |
Hüseyin Koku | 92. Mr Bulut Yılmaz sent three letters to the applicant’s lawyers in which he described his eye-witness account of the abduction of Hüseyin Koku on 20 October 1994 (see paragraph 20 above). Mr Yılmaz left Turkey in 1995 and settled in Switzerland where he was subsequently granted political asylum. According to these letters, Mr Yılmaz had seen two plain-clothes police officers talking to |
Ghenadie Brega | 13. The Municipality did not adopt a decision in respect of the application before the first date of the planned demonstration, on 4 September 2007. Therefore, at 9 a.m. that day the applicants started their protest in front of the Ministry of Internal Affairs. At 9.25 a.m. |
Leonid Ghimp’s | 30. In an expert report dated 1 November 2010, a panel of doctors reached, on the basis of medical documents, a conclusion identical to that expressed by I.C. during the previous proceedings before the Court of Appeal (see paragraph 26 above), namely that the victim’s injury had been caused between 6.35 a.m. on 9 December and 6.35 a.m. on 10 December 2005. According to the report, the rupture of his intestine had initially been incomplete and only on 12 December 2005 had it become complete, causing |
Aşur Seçkin | 18. On 11 August 1998, upon the request of the Şemdinli public prosecutor, the military forces sent a letter to the public prosecutor’s office stating that soldiers had arrested thirteen villagers and taken them to the Derecik military base. The villagers had been released after questioning. However, |
Farrukh Fazlidinovich Sidikov | 18. On 5 April 2011 the Samarskiy District Court of Samara granted the application. The court noted, in particular, that when questioned as a witness in a criminal case, the first applicant had submitted that his name was |
Adam Makharbiyev | 6. At the material time the Urus-Martan district and the town of Grozny were under the full control of the Russian federal forces. Military checkpoints manned by Russian servicemen were located on all roads leading to and from the area, which was under a strict curfew. A checkpoint manned by policemen from the Special Task Unit of the Yaroslavl region (“the OMON”) was located on the road between the town of Urus-Martan and the village of Gekhi. The applicants and |
Vakhit Dzhabrailov | 26. On 19 July 2005 the applicant's representatives requested the district prosecutor's office to provide information concerning the progress of the investigation in the criminal case, the date of suspension of the criminal proceedings and the results of examination by the investigative authorities of the applicant's version of the involvement of Russian military forces in the abduction of |
Halise Acar | 145. İrfan Odabaş submitted the report on his investigation to the Diyarbakır Provincial Administrative Council on 15 January 1997. The report names Tahsin Acar as the complainant, İzzet Cural, Ahmet Babayiğit and Harun Aca as the persons accused of the offence of abuse of authority, and İlhan Ezer, |
Magomed-Salekh | 71. On 3 February 2003 the investigation interviewed as a witness L.A., the deputy head of the local administration. He stated that early in the morning of 12 November 2002 relatives of the Ilyasov brothers had arrived at his office and told him that |
Farhad Aliyev | 16. On 20 October 2005 two lawyers secured by the applicant’s family arrived. The applicant was subsequently charged and questioned in the presence of his lawyers. 2. Other events around the time of the applicant’s arrest
(a) Arrest of the applicant’s brother |
Ilona Isayeva | 20. The second applicant recalls that, as their mini-van was nearing Shaami-Yurt, they saw two planes in the sky launching rockets. In a few minutes a rocket hit a car immediately in front of theirs. The second applicant thought the driver was hit, because the car turned around abruptly. When they saw this, everyone started to jump out of the minivan, and then the second applicant was thrown over by another blast. She fainted, and when she regained consciousness, she realised that two of the first applicant's children, |
Khamzat Umarov | 15. On 31 July 2001 a number of residents of Achkhoy-Martan gathered in front of the FSB’s office. They blocked the road and demanded to speak with the officials. At some point the head of the office came out from the building and spoke with the crowd. He told the applicants and their fellow villagers that |
Ahmet Korkmaz | 76. On 6 November 1995 the Bismil public prosecutor took a statement from the gendarmerie officer Ahmet Uyar, who stated that he had just taken up his duties at the time of the incident and that he did not know anything about it. He further stated that there were two other gendarmerie officers named Ahmet, namely |
Khodorkovskiy | 373. The applicants also referred to the testimony of senior Yukos executives who had contacts with governmental officials in 2003. Mr Shakhnovskiy testified in 2006 that in 2003 he had met the then Minister of Economy, Mr Gref, who had told him that “the real target of the attack [on the applicants] was the liberal-democratic wing of the government ... and not just Mr |
Sultan Isayev | 14. The applicant submitted several statements by neighbours who confirmed that about twenty armed soldiers who had arrived in two APCs had burst into the Magomadovs' house and detained the owner and Mr |
Anamaria-Loredana Orășanu | 8. On 14 October 2015 the military prosecutor’s office closed the main investigation, finding that the complaints were partly statute-barred, partly subject to an amnesty, and partly ill-founded. It also found that some of the occurrences could not be classified as offences and some were res judicatae (see |
Mustafa Kestendjiev | 27. In the period January - September 1997 the local forest authority fined two or more of the applicants, including Mr Aliosman Kehaya (application no. 47797/99) and Ms Gulfeze Osmandjikova (application no. 68698/01) on the basis that they had “unlawfully used land for pasture”, “built a cattle-pen on state forest land” and “constructed a hut without a building permit”. Mr |
Rasul Tsakoyev | 51. On 23 November 2004 the investigators questioned Ms Dzh.G., who stated that at the end of September 2004 her father had witnessed the abduction of a young man by several men in balaclavas who had pulled over in a car and quickly forced him inside. After the car had driven off, her father had found a mobile telephone, which had fallen out the young man’s pocket, and had given it to her as a gift. She had received several calls from young men who had asked her in the Balkar language who she was and why she had the phone. After that she had turned the telephone off and had used it only when needed. At the end of October 2004 she had thrown away the young man’s SIM card and put a new one in. She did not know |
Zurab Iriskhanov | 23. In the morning of 27 June 2002 the applicants went to the ORB-2 in Grozny. Gilani Iriskhanov was released in exchange for money. The applicants were told that he had been transferred to the ORB-2 from the military base in Khankala. No information was available about the whereabouts of |
Asan Rushiti | 19. The Procurator General observed that the Court of Appeal had found that, despite the acquittal, there were sufficient indications that the offences of which the applicant had been acquitted had been committed by him. In his opinion, this was incompatible with the general rule – reaffirmed by the Court in its judgment in the case of |
Eylül Güzelyurtlu | 98. According to a note/direction in the “Time/Work Sheet”, on 30 January 2006 the “TRNC” Police Chief Inspector (Başmüfettiş - Tahkikat Memuru) wrote to the “TRNC” Nicosia Judicial Police Director – Assistant Police Director (“Polis Müdürü Müavini – Adli Polis Müdürü”) that upon the oral instructions of the “TRNC” Attorney-General (Başsavcı) a copy of the file in respect of the murder of Elmas, Zerrin and |
Ruslanbek Alikhadzhiyev | 49. On 8 February 2006 the investigators interviewed A.U. as a witness. He stated that he occupied the post of the deputy head of the Shalinskiy Department of the Interior (“the Shalinskiy ROVD”) and that on 20 September 2005 he had examined the ROVD materials concerning the abduction of |
Suren Muradyan | 9. It further appears that later Suren Muradyan was visited by the head of the military unit’s aid post, S.G. (hereafter, military unit doctor S.G.), who apparently administered anti-fever pills and gave some injections. |
the Provost Marshall | 61. The Divisional Court next examined the issues under Article 3 of the Convention. It found that the IHT had requested that, prior to trial, the applicants should be detained in Compound 4 of Rusafa Prison, which was run by the Iraqi Ministry of Justice; if the applicants were convicted and sentenced to over ten years of imprisonment, they would be sent to Fort Suse Prison, also run by the Ministry of Justice. The court referred to a report by |
Yakup Aktaş | 150. The defendants were acquitted since it had not been possible to obtain wholly incontrovertible evidence that would allow the court conscionably to decide that the defendants had caused death by torture.
(o) Medical and expert reports concerning |
Richard Taxquet | 10. The jury had been asked to answer thirty-one questions from the President of the Assize Court. Four of them concerned the applicant and were worded as follows:
“Question 25 – PRINCIPAL COUNT
Is the accused |
Ruslanbek Alikhadzhiyev | 59. On 24 January 2006 the deputy prosecutor of the Chechen Republic set aside the decision of 12 December 2005 as unfounded and premature. The decision stated, among other things, that the investigators had failed to interview the head of the Shalniskiy ROVD A.U., who had stated in his letter of 12 September 2005 that |
Mustafa Sayğı | 9. When Mustafa Sayğı was not released, Mehmet Sayğı had gone to the Suruç prosecutor’s office and informed the prosecutor of the detention of his younger brother. When the prosecutor had contacted the military authorities he was told that |
Magomed Soltymuradov | 184. The tenth applicant was also questioned on 25 January 2002 and confirmed that on the night in question a group of men wearing camouflage uniforms and masks had broken down the door of his house, searched the house and left. In the morning he learnt that |
Faysal Aslan | 71. On hearing gunshots, the witness had run towards Veysi’s house. Her son Cihan was with her. They entered the house and bolted it. There was gunfire and Cihan was shot. Her husband was outside the village grazing livestock. The village guards apparently burned the crops, starting a fire in the threshing area. No terrorists were in the village nor was there any clash with terrorists.
Statement by |
Tarık Ataykaya | 29. On 3 April 2008 the Diyarbakır public prosecutor’s office issued a permanent search notice for the purposes of tracing the person who fired the grenade in question, with effect until 29 March 2021, when the offence would become time-barred. Referring, inter alia, to the decision taken by the police disciplinary board to close the case, it found in particular as follows:
“... The autopsy carried out on 30 March 2006 showed that the death was caused by a tear-gas grenade of type no. 12 which struck [the deceased’s head] ... This projectile was used by the forces on duty at the time of the incident ...
... Under Article 6 appended to Law no. 2559 on the duties and powers of the police, the police are entitled to use physical force, material force and weapons in order to immobilise offenders, in a gradual manner and in proportion to the particularities and degree of resistance and aggressiveness of the offender. In those circumstances, it will be for the superior to determine the degree of force to be used ... [Moreover], under Article 24 of the Criminal Code, a person who complies with statutory obligations cannot be punished and a person who obeys an order given by a competent authority in the exercise of its power cannot be held responsible for his action.
In the registers of the security forces, there is no information concerning the manner in which the death occurred.
...
The deceased |
Shakhgareyev | 66. On 16 July 2006 the investigators again questioned Mr L.A., who stated that his son Khavazhi Aliyev was a friend of Rustam Shakhgareyev and that in the evening of 15 July 2003 he had left the house to spend the night at Rustam’s flat. In the morning of 16 July 2003 he had learned from his neighbours that his son had been arrested and taken away with |
Magomed Umarov | 109. The applicants are close relatives of Mr Magomed Umarov, who was born in 1984. The first applicant, his father, passed away on 13 December 2015. The fourth applicant, his stepmother, wished to withdraw her application on 24 January 2016. The second and third applicants are Mr |
Klestil-Löffler | 23. The court, arguing along the same lines as in its judgment of 15 June 2004 (see paragraphs 10-11 above), held that the applicant company had reported on the strictly personal sphere of the claimant’s life in a manner that was likely to undermine him in public. It analysed the contents of the impugned article as alleging that the claimant, Mr Scheibner, who was a married man, had a close relationship with Mrs |
Kolesnikova | 151. On 23 August 2004 the defence lawyers complained to the court that they were unable to show the defendants case materials in the courtroom and were unable to discuss the case confidentially with them. The escort officers required that the lawyers did not approach closer than 50 cm to the cage where the applicants were detained. Mr Padva, the lead lawyer for the first applicant, explained that he had to speak very loudly to his client to be heard at such a distance. The first applicant, in his turn, asked the court to be shown instructions or rules which fixed that distance and, more generally, defined the conditions of the communication between a defendant and his lawyer in the courtroom. The prosecutor replied that the defendants had to solve the matter not with the judge but with the administration of the remand prison or the escort service. Judge |
Mustafa Kemal | 21. In its decision the court referred to the following passages below:
“...under these circumstances I give up making a big announcement. From my column I say to Prime Minister Recep Tayyip Erdoğan, get well soon. I leave him in the hands of the Turkish doctors. But as a dabbler in amateur psychology I would like to draw attention to a small detail. Having regard to the fact that he defames the birds in the air and the wolves in the mountains, he responds to criticisms with swearing, for him University professors are immoral, the opposition party meagre, journalists shameless, and he also makes inappropriate remarks about the mothers of the voters, I consider it useful for both his and the public’s mental health to investigate whether he had a high-fevered illness when he was young ...
As he has become such a nervous wreck in that he dismissed a question like the erection of the “Pontic Genocide Memorial” in Thessaloniki and tore the visitors’ book in the house of |
Garegin Ghuyumchyan’s | 20. On 29 October 2007 Garegin Ghuyumchyan and also the first and the second applicants lodged an introductory letter with the Court in which they complained under Article 6 § 1 that Garegin Ghuyumchyan had been denied access to the Court of Cassation, under Article 6 § 3 (c) that |
Sergeant Atanassov | 23. In the statement he gave on 29 January 1996, C said that, after the police had left with Mr Zabchekov, he had found a wrench on the spot where D, Mr Zabchekov and himself had been waiting for the police to arrive. C thought that it must have belonged to Mr Zabchekov as it was the right size for removing a car battery. C explained in his statement that he had kept the wrench and had handed it over to the investigator in the morning on 29 January 1996 when he had been summoned to the police station after the death of Mr Zabchekov. However, in a statement taken on 31 January 1996 |
Supyan Mukayev | 86. In the meantime, on 10 April 2006 the investigators had questioned the deputy head of the Shali local administration. He confirmed that he had spoken with the first applicant about Mr Supyan Mukayev’s abduction, but denied making any references to the Vostok-2 battalion. According to him, at that time he had had only some unverified information that Mr |
Magomed Soltymuradov | 29. They had then proceeded to search the room of the tenth applicant, her father. After about twenty minutes they had left. The tenth and eleventh applicants then heard a car leaving the junction of Polevaya Street and Chekhova Street, from the direction of the house of |
Kutlu Adalı | 101. The applicant's allegation to the effect that Abdullah Çatlı was involved in her husband's murder was not just based on newspaper reports. In 1997 she had a meeting with Fikri Sağlar, a member of the Turkish Parliament and chairman of the Turkish Susurluk committee. In 1998 and in 2001 the Parliament of the “TRNC” established its own Susurluk investigation committee, suspecting that there was a connection between Mr Çatlı and the murder of |
Khamitovich) Gaytayev | 6. The applicants are:
1) Ms Aset Alikovna Sangariyeva, who was born in 1974;
2) Mr Abubakar Khamidovich (also spelled Khamitovich) Gaytayev, who was born in 1971;
3) Mr Adam Khamidovich (also spelled |
Moravia Ramsahai | 181. It was incorrect that Officer Brons had held his service weapon in one hand. It took two hands to hold it in the defensive position. Officer Brons had made gestures, but that had happened before |
Salman Mazı | 35. The name Kenan Bilgin does not appear on the custody records at the Ankara Security Directorate. The records show that several people were arrested and taken into custody at the Directorate between 8 and 29 September 1994, including Bülent Kat and Talat Abay on 8 September, |
Shchiborshch | 21. On 17 August 2006 police officer D-n. of the special unit was questioned. He made a statement consistent with those of Kh. and B., and added certain details. In particular, when he arrived at the sixth floor the stairwell floor was covered with blood, which appeared to belong to police officer G. He heard Mr |
Shamkhan Zibikov | 53. At about 7 a.m. on 20 July 2003 two armed servicemen in camouflage uniforms arrived at the fifth applicants’ house in Avtury, Chechnya, and checked the identity documents of the family members. At the time Mr |
Anastasios Isaak | 15. Between 3.30 and 4 p.m. the mob in the occupied area entered the buffer zone. They were armed with long sticks, batons and iron bars. At approximately 4.30 p.m. a group of the Turkish mob, together with uniformed policemen, managed to isolate several Greek-Cypriot demonstrators whom they started beating. A group of about 15-20 persons, including five uniformed policemen, surrounded |
Khamzat Umarov | 8. At about 4 a.m. on 30 July 2001 the first applicant was woken up by a noise coming from outside. She heard what sounded like someone trying to quietly open the gates to their yard. When the applicant asked in Chechen: ‘Who’s there?’ she heard no response. Then her husband, |
A. Khamzayev | 36. It does not appear that the first applicant applied personally to law-enforcement agencies in connection with the attack of 2 October 1999. It can be ascertained from the documents submitted that Mr |
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