Datasets:

coastalcph

/

lex_glue

like 45

[ "9. The applicant was born in 1940 and lives in Wels.", "10. On 10 April 1984 preliminary investigations were instituted against the applicant on suspicion of aggravated fraud (schwerer Betrug).", "11. During the preliminary investigations in 1984 and 1985 many witnesses were heard, some of them under letters rogatory. On 14 February 1986 an accountancy expert submitted a comprehensive opinion, as a result of which further witnesses were heard.", "12. On 22 April 1987 the preliminary investigations were closed and the file was transferred to the Wels Public Proscutor’s Office (Staatsanwaltschaft).", "13. On 29 July 1987 the Wels Public Prosecutor’s Office issued the indictment against the applicant, her husband and three other co-accused. It charged the applicant, her husband and two co-accused with continued aggravated fraud and with negligent and fraudulent bankruptcy (fahrlässige und betrügerische Krida). The applicant’s objection against the indictment filed with the Linz Court of Appeal (Oberlandesgericht) was of no avail.", "14. On 30 May 1988 the Public Prosecutor’s Office requested the Supreme Court (Oberster Gerichtshof) that jurisdiction over the case be transferred to the Vienna Regional Criminal Court (Landesgericht für Strafsachen) on the ground that the applicant and her husband would move to Vienna and that numerous witnesses were residing there. On 9 August 1988 the Supreme Court allowed the transfer. The file arrived at the Vienna Regional Court on 16 September 1988, which set trial hearings for the period between September and November 1989.", "15. On 25 September 1989 the Vienna Public Prosecutor’s Office filed a request for transfer of jurisdiction to the Linz Regional Court since it had turned out that the applicant and her husband had not moved to Vienna. The Linz Regional Court was proposed by the Public Prosecutor’s Office on the ground that all the judges of the Wels Regional Court could recuse themselves as the applicant’s husband was one of their former colleagues. On 18 December 1989 the Supreme Court allowed the transfer. On 27 December 1989 the Linz Public Prosecutor’s Office requested that a trial hearing be fixed.", "16. Subsequently the Linz Regional Court suggested ex officio the re-transfer of the case to the Wels Regional Court. This was refused by the Linz Court of Appeal on 13 June 1990. On 22 June 1990 a first trial hearing was set by the Linz Regional Court for 18 December 1990.", "17. Between 18 December 1990 and 5 September 1991, the Linz Regional Court, sitting with two professional and two lay judges, held further trial hearings against the applicant and the co-accused. Numerous witnesses as well as an expert on bookkeeping were heard.", "18. On 11 July 1991, i.e. the fifteenth trial day, the Linz Regional Court decided to disjoin the proceedings against the applicant from those against the co-accused due to her poor state of health. The proceedings against the co-accused were continued. The judge competent to deal with the applicant’s case decided to wait for the outcome of these proceedings due to the close factual links with the applicant’s case.", "19. On 5 September 1991 the Linz Regional Court convicted the applicant’s husband of continued aggravated fraud (gewerbsmässiger schwerer Betrug), fraudulent bankruptcy (betrügerische Krida), fraudulent conversion (Veruntreuung) and false testimony (falsche Beweisaussage vor Gericht).", "20. On 26 November 1992 the Supreme Court quashed the Linz Regional Court’s decision regarding the conviction of the applicant’s husband relating to the counts on aggravated fraud and fraudulent bankruptcy, but confirmed his conviction as regards the other charges, quashed the sentence and referred the case to the Linz Regional Court for further proceedings.", "21. On 14 April 1993 the Linz Court of Appeal allowed the request of the applicant’s husband for transfer of jurisdiction back to the Wels Regional Court as there were no longer any concerns about possible bias.", "22. On 16 September 1993, the Regional Court remitted the file to the investigating judge for the preparation of a new report by a bookkeeping expert and for the conduct of further investigations, including the seizure of further accounting documents. On 14 December 1994 the expert requested the submission of these documents, which he inspected on 6 March 1995.", "23. Meanwhile, on 17 October 1994 the proceedings against the applicant were again joined with those against her husband.", "24. On 7 November 1996 the first part of the expert report arrived at the court. The remainder arrived on 16 April 1997.", "25. On 9 August 1997 the file was transferred to the trial court, which, on 1 December 1997, fixed a hearing for 20 January 1998.", "26. On 20 January 1998, namely the first trial day in the second round of proceedings, the Wels Regional Court again decided to disjoin the proceedings against the applicant from those against her husband on account of her poor health.", "27. On 19 March 1998 the proceedings against the applicant were again joined with the proceedings against her husband.", "28. Between 20 January 1998 and 18 December 1998, the Wels Regional Court held ten hearings and, on the latter date, convicted the applicant of fraudulent bankruptcy and sentenced her to six months imprisonment suspended on probation.", "29. On 28 May 1999 the written version of the judgment was served on the applicant’s counsel. Thereupon, the applicant filed a plea of nullity and an appeal against sentence (Nichtigkeitsbeschwerde).", "30. On 2 December 1999 the Supreme Court rejected the applicant’s plea of nullity and appeal against sentence.", "31. The judgment was served on 13 January 2000." ]

[ 3 ]

[ "8. The applicants were born in 1968 and 1936 respectively and live in Paris.", "9. The first applicant was born on 6 December 1968 of a relationship which began in 1964 between the second applicant, a widow and the mother of a daughter born in 1957, and Mr R. Merger, a married man and the father of four children born in 1942, 1944, 1945 and 1947. At the time her birth, her father and mother had been living together since 1965. Her father formally acknowledged paternity on 7 December 1973 and she has borne his name since 17 May 1985.", "10. On 11 May 1980 the first applicant's father drew up a private deed dividing his movable property between his five children. The document was signed by the four legitimate children and by the father on the first applicant's behalf.", "11. On 11 October 1984 he made a manuscript will in which he left to the first applicant the disposable portion of his estate which, pursuant to Article 913 of the Civil Code, came to one quarter. He stipulated that it was to be taken free of his wife's life interest.", "12. In a second manuscript will dated 16 June 1985 he stated that he wished the estate to be divided into five parts to be allocated by the drawing of lots in the presence of all his children, for the disposable portion of the estate to pass to the first applicant after an account had been taken of any gifts that had been made and for his wife's life interest to attach only to the share of the four legitimate children. The first applicant was to receive a reversionary pension for the duration of her studies and these were to be paid for if the law so permitted.", "13. The first applicant's father died on 12 March 1986 leaving as his heirs his wife, four legitimate children and the first applicant, an illegitimate child conceived while he was bound by marriage to a person other than its mother.", "14. A notary was instructed to wind up the estate. He took an inventory at the home on 20 June 1986. The first applicant (who was sitting her baccalaureate that day) was represented by the second applicant, who pointed out that certain movables were missing. The widow laid claim to certain items which she said belonged to her. The total value of the movables listed in the inventory was estimated at 114,175 French francs (FRF).", "15. Since an amicable division of the estate proved impossible, the deceased's four legitimate children and their mother brought proceedings against the applicants in the Paris tribunal de grande instance seeking, inter alia, orders setting aside the gift of the disposable portion to the first applicant and the gifts their father had made to the second applicant – which were deemed to have been made to the first applicant – and restricting the first applicant's rights to 10 % of the net estate.", "16. The applicants asked the Court, inter alia, to dismiss the claims and to order the claimants to hand over to the first applicant all the movable property she had been allocated on 11 May 1980.", "17. In a judgment of 6 November 1992, the tribunal de grande instance found that funds that had been used to purchase a flat in the avenue d'Italie in Paris and a sum of FRF 500,000 were gifts that had been made to the first applicant through an intermediary and set them aside under Articles 908 and 911 of the Civil Code. It added that the value of the property that had been acquired with those gifts had to be brought into account. Relying on those provisions, the tribunal de grande instance ruled that the first applicant was not entitled to more than 10% of the estate and held that the gift of the disposable portion was inoperative. Relying principally on Article 931 of the Civil Code, it held that the deed of division dated 11 May 1980 was null and void as it was not in the correct form and added, in the alternative, that the first applicant could only lay claim to 10% of the movables that were divisible in kind. Lastly, it declared that the first applicant was to receive her share of the estate free of any life interest.", "18. The applicants appealed against that judgment. The first applicant completed her studies in December 1993.", "19. In a judgment of 24 September 1996, the Paris Court of Appeal transferred the case to the Dijon Court of Appeal, as one of the parties was a judge of the Paris tribunal de grande instance and the other had been admitted to the Paris Bar while the proceedings were under way.", "20. In a judgment of 27 November 1997, the Dijon Court of Appeal upheld the judgment of the court below in so far as it had refused to grant the first applicant identical inheritance rights to those of the four legitimate children or to allow her to take the disposable portion and had ruled that the assets of the second applicant – who it noted had lived with the deceased since 1965 – were gifts acquired through an intermediary. Noting that the first applicant was an illegitimate child who had been conceived when her father was bound by marriage to a person other than her mother, it declared her claim to a reversionary pension inadmissible as she was not prepared to abandon her rights to the estate.", "21. The applicants appealed to the Court of Cassation.", "22. On 4 February 1999 the notary liquidated the estate and drew up the deed of division. The first applicant signed the deed “without prejudice to the appeal to the Court of Cassation which has been served on the parties”. Under the terms of the deed of division, she was required to pay an equalising balance to the other heirs in the French franc equivalent of 236,187 euros (EUR).", "23. The second applicant sold her home to pay that balance on behalf of her daughter, who had no property of her own.", "24. In a judgment of 3 May 2000, the Court of Cassation dismissed the applicants' appeal.", "25. Following that judgment, the equalising balance was duly paid to the other heirs." ]

[ 8, 4, 9 ]

[ "6. The applicant was born in 1932 and lives in Split, Croatia.", "7. On 2 February 1992 his house in Kaštel Novi, Croatia, was blown up by unknown perpetrators.", "8. On 9 January 1995 he instituted civil proceedings before the Split Municipal Court (Općinski sud u Splitu) seeking damages from the Republic of Croatia for his damaged property.", "9. Pursuant to the Civil Obligations (Amendments) Act 1996 (Zakon o izmjeni Zakona o obveznim odnosima, Official Gazette no. 7/1996 of 26 January 1996), the Split Municipal Court stayed the proceedings on 15 September 1998.", "10. The proceedings resumed on 20 November 2003 pursuant to the “Damage from Terrorist Acts and Public Demonstrations Act 2003” (Zakon o odgovornosti za štetu nastalu uslijed terorističkih akata i javnih demonstracija, Official Gazette no. 117/2003 of 23 July 2003)." ]

[ 2 ]

[ "8. The applicant was born in 1964 and lives in Nancy. He is a university lecturer and researcher in private law and is a member of the French civil service.", "9. On 1 September 1995 he was appointed to a post at the French University of the Pacific in Nouméa, New Caledonia, which at the material time was a French overseas territory. The holder of the post was required to live in the territory.", "10. The applicant applied to be registered on the electoral rolls for his place of residence. He was entered on the general electoral roll for the municipality of Nouméa but was refused registration on the special electoral roll for the 1998 ballot on self-determination. On 7 April 1997 the mayor of Nouméa notified him that he had been deemed not to satisfy the residence requirements laid down in section 2 of the Act of 9 November 1988 in that he could not show that he had been permanently resident in New Caledonia since 6 November 1988. The applicant did not appeal against that decision.", "11. On 5 May 1998 the Nouméa Accord was signed. It laid down transitional arrangements for the political organisation of New Caledonia and for its move to self-determination. It altered New Caledonia's constitutional status, making it a sui generis territory with its own specially designed institutions. Article 77 of the Constitution was consequently amended to provide that the measures required for the implementation of the Accord were to be laid down in an institutional Act.", "12. Institutional Act no. 99-209 of 19 March 1999 brought about the twelfth institutional reform in New Caledonia since 1853, giving it its ninth different status since 1976. It strengthened Congress's powers and introduced a ten-year residence requirement for taking part in the election of members of Congress and the provincial assemblies.", "13. On 9 April 1999 the applicant applied to be registered on the special electoral roll for the elections to Congress and the provincial assemblies on 9 May 1999 in the municipality of Nouméa. He was refused registration on the ground that he could not show that he had been permanently resident in New Caledonia in the ten years prior to 9 May 1999.", "14. The applicant applied to the Nouméa Court of First Instance for a review of the conformity of the Act with the Convention, and for registration on the special electoral roll for the municipality of Nouméa. On 3 May 1999 the court dismissed his applications.", "15. The applicant appealed on points of law to the Court of Cassation, complaining that the Court of First Instance had found against him despite the fact that the refusal to register him contravened various provisions of domestic and international law, in particular Articles 1 and 3 of the Constitution of 4 October 1958, Articles 2, 7, 21-1 and 21-3 of the Universal Declaration of Human Rights of 10 December 1948, Article 14 of the Convention, Articles 2-1, 25 and 26 of the New York Covenant of 19 December 1966, Article 6 of the Declaration of the Rights of Man and the Citizen of 26 August 1789, Articles 225-1 and 432-7 of the new Criminal Code, and the Preamble to the Constitution of 27 October 1946.", "16. On 13 July 2000 the Court of Cassation dismissed his appeal on the ground that the conditions for taking part in elections to Congress and the provincial assemblies followed from an institutional Act which ranked as constitutional law in that it reproduced the wording of the Nouméa Accord, which itself had constitutional status by virtue of Article 77 of the Constitution. It dismissed the applicant's arguments concerning the provisions of the Convention, holding in particular that the precedence accorded to international undertakings did not apply in the domestic legal order in relation to provisions ranking as constitutional law.", "17. The applicant also produced to the Court a decision of 2 June 2000 in which the Court of Cassation had dismissed, on the same grounds, an appeal which was similar to his but which alleged a violation of Article 3 of Protocol No. 1." ]

[]

[ "6. The applicant was born in 1949 and lives in Syracuse.", "7. She was a teacher at a private school in Lentini (Syracuse). The school was owned by a limited liability company, G., of which the applicant and three other teachers were members and Mr G. the manager.", "8. In July 1998 Mrs C. lodged a criminal complaint with the Revenue Police (Guardia di Finanza) about irregularities in the management of the school's affairs. She stated that she was a de facto member of G.", "9. The Syracuse public prosecutor's office opened an investigation in respect of the members and manager. On 20 July 1998 the Revenue Police searched the company's head office and the members' homes. At that time the applicant received official notification that she was under investigation.\nOn an unspecified date the public prosecutor's office ordered the applicant to be questioned and informed her that she and the other persons charged were suspected of committing extortion, fraud and forgery. On 12 August 1998 the Revenue Police questioned the applicant.", "10. On 17 November 1998 the public prosecutor's office asked the investigating judge to issue an arrest warrant against the applicant and certain other persons on charges of criminal association, tax evasion and forgery of official documents.\nOn 28 November 1998 the investigating judge ordered Mrs Sciacca and the other persons charged to be placed under house arrest.", "11. On 4 December 1998 the applicant was served with the judge's decision. Like anyone placed under house arrest, she avoided being remanded in custody. However, the Revenue Police compiled a file on her; photographs and fingerprints were included in it. On the same day the deputy public prosecutor responsible for the investigation and officers from the Revenue Police gave a press conference.", "12. Two newspapers published articles about the investigation.", "13. The first daily, Giornale di Sicilia, published two articles, on 5 and 6 December 1998. In the first one it referred to “alleged formal and substantive illegalities in the management of a private school”. After stating that the applicant and three others, who had been placed under house arrest, had been charged with very serious offences (criminal association, extortion, forgery, fraud and tax evasion), the newspaper indicated that other persons charged “were allegedly also” victims of acts of extortion committed by the four people who had been arrested. After outlining the measures taken by the investigators, the newspaper stated that the four people who had been placed under house arrest “were allegedly” the de facto managers of the school. The newspaper went on to explain what the extortion had consisted of. It added that “unofficial accounts had been found at the home of the four people concerned” and that “the investigators had found that the pupils enrolled” in two classes “were in fact the husbands and cousins of the women who had been arrested”. The only passage reporting the investigators' statements concerned someone other than the applicant.", "14. The other article – published on the following day together with a photograph of the four arrested women – was similar in content to the first one.", "15. On 5 December 1998 the second daily, La Sicilia, published on the front page a photograph (identity format) of the four people who had been placed under house arrest and stated that they “had set up a bogus school”. The contents of the article were comparable to those of the articles published in the first daily.", "16. The applicant's photograph, together with that of the three other women who had been arrested, was published four times on 5 and 6 December 1998. Each time it was an identity photograph that had been taken by the Revenue Police when the file was compiled, at the time of the applicant's arrest, and released by them to the press.", "17. On 12 December 1998 the applicant challenged the order placing her under house arrest in the tribunale della libertà (a court with jurisdiction to examine preventive measures) of Catania.\nOn 28 December 1998 the court ordered the applicant to be released on the ground that it was no longer necessary for the purposes of the investigation to keep her under house arrest.", "18. On 1 March 1999 the public prosecutor's office requested the applicant to be committed for trial. The case was listed for hearing before the investigating judge on 26 May 1999. However, the applicant waived her right to that phase and asked to be tried by the court in accordance with a shortened form of procedure.\nThe case was therefore set down for hearing before the Syracuse Court on 6 June 2000.", "19. On 8 March 2002 the case ended with the special procedure for imposition of the penalty agreed between the applicant and the prosecution (Article 444 of the Code of Criminal Procedure – “the CCP” (applicazione della pena su richiesta delle parti)), namely, one year and ten months' imprisonment and a fine of 300 euros." ]

[ 4 ]

[ "7. The applicant was born in 1969 and lives in Istanbul.", "8. The applicant worked as a journalist for the Turkish daily newspaper “Özgür Gündem”.", "9. On 2 January 1994 “Özgür Gündem” published an article with the title “Four New Books by Zagros Publications”, written by the applicant. On the same day, the copies of the newspaper were confiscated by an order of the Istanbul State Security Court.", "10. In the impugned article, the applicant reviewed four books written by four different authors who discussed problems related to Turkey's south‑eastern region. The first book reviewed in the article, “Tasfiyeciliğin Tasfiyesi” (“Liquidation of Liquidators”), was written by Abdullah Öcalan, the leader of the PKK.", "11. Under this heading the author expressed his views in the following terms:\n“Combating 'liquidation' (tasfiye) is of paramount importance for every revolutionary movement. There is hardly any great movement in which 'liquidation' (tasfiye) does not exist. Abdullah Öcalan, the General Secretary of the PKK, examined the characteristics of the liquidators and the destructive damage they caused in the struggle. He reveals his determination on this issue by declaring: 'I will not hesitate even if I have to sacrifice the whole party in order to liquidate one of them'.\nIn this connection, a further success of the PKK is its never ceasing firm struggle against 'liquidation' (tasfiye). The PKK has revealed facts that almost no other revolutionary movement managed to do. This discipline and determination of the PKK may give an idea about its prospective system and the characteristics of its creators.\nThe PKK has, in this sense, diagnosed at the right time the 'liquidation' (tasfiye) tendencies which would lead the revolution to defeat, took measures against possible damage, organised the struggle to save the revolution's origins and thus has carried the revolution further to victory. These issues are explicitly taken up and evaluated in the book. 'Liquidation of Liquidators' (Tasfiyeciliğin Tasfiyesi) is not a theoretical work, nor a book written after examination of the relevant literature. On the contrary, it is a book that collects in chronological order the evaluations on the problem of 'liquidation' (tasfiye), encountered in practice during a long and hard struggle. The book is in this respect a documentary, including information and instructive lessons not only for The National Liberation Struggle for Kurdistan but also for all class or national liberation movements in the world.”", "12. The titles of the other books reviewed in the same article are “History of Colonisation” and “From the nineteenth century to this day, the national problem and Kürdistan” and “The Cease-fire declared by the PKK and its Effects”. Under the last article, the applicant stated:\n“... [the] Cease fire, which was declared on 20 March 1993 by the PKK did not reach its goal, on the contrary, [it] continued the dirty war in Kürdistan. In fact, the guerrillas blocked the Elazığ-Bitlis highway on 25 May 1993 killed twenty-nine soldiers and the cease fire, which had not been responded to, ended.”", "13. On 1 June 1994, the public prosecutor at the Istanbul State Security Court charged the applicant with disseminating propaganda about an illegal separatist terrorist organisation. The charges in the indictment were brought under Article 7 § 2 of Prevention of Terrorism Act (Law no. 3713).", "14. The public prosecutor based his indictment on the following sentences from the applicant's article:\n “...In this connection, a further success of the PKK is its never ceasing firm struggle against liquidation. The PKK has revealed facts that almost no other revolutionary movement managed to do. This discipline and determination of the PKK may give an idea about its prospective system and the characteristics of its creators.\nThe PKK has, in this sense, diagnosed at the right time the liquidation tendencies which would lead the revolution to defeat, took measures against possible damage, organised the struggle to save the revolution's origins and thus has carried the revolution further to victory...”", "15. On 20 March 1995 the Istanbul State Security Court found the applicant guilty of the offence under Section 7 § 2 of Prevention of Terrorism Act and sentenced him to one year imprisonment and to a fine of four hundred million Turkish liras (TRL).", "16. In its reasoning the court pointed out the following passage in the article:\n“...In this connection, a further success of the PKK is its never ceasing firm struggle against liquidation... The PKK has, in this sense, diagnosed at the right time the liquidation tendencies which would lead the revolution to defeat, took measures against possible damage, organised the struggle to save the revolution's origins and thus has carried the revolution further to victory...”", "17. The court, taking into consideration the above-mentioned remarks of the author and the impugned article as a whole, held that the applicant had disseminated propaganda about the PKK while reviewing books written by the leader and leading members of the PKK.", "18. On 10 October 1995, the Court of Cassation upheld the judgment of the Istanbul State Security Court.", "19. Following the judgment of the Court of Cassation the applicant disappeared in order to avoid imprisonment. He was apprehended on 2 March 2002 and taken into custody. On 4 March 2002 the applicant was released from custody. On 25 July 2002 Istanbul State Security Court suspended the execution of his sentence pursuant to Law no. 4454." ]

[ 6, 3 ]

[ "5. The applicant, Mr Igor Samoylovich Dubenko, is a Ukrainian national, who was born in 1949 and currently resides in Artemivsk, the Donetsk Region.", "6. In March 2000 the applicant instituted proceedings in the Artemivsk City Court against the Komsomolets State Mine seeking to recover salary and compensation due to him.", "7. On 26 April 2000 the Artemivsk City Court awarded the applicant UAH 5,270.38[1] in compensation (UAH 2,946.98 in salary arrears and UAH 2,323.4 in compensation for the delayed settlement).", "8. On 10 May 2000 a writ of execution was issued and sent to the Mykytivsky District Bailiffs' Service of Gorlivka (the “Bailiffs”) for the enforcement of the judgment.", "9. The execution proceedings were initiated on 7 September 2000 by the Bailiffs, who instituted separate proceedings with regard to the payment of the salary arrears and the compensation for the delayed settlement.", "10. On 15 September 2000 the writs of execution were presented to the Gorlivka branch of Bank Nadra where the mining company had its account.", "11. On 24 April 2001 the Bailiffs informed the applicant that the judgment of 26 April 2000 could not be executed due to the mine's lack of funds. It also informed the applicant that he was no. 191 in the list of creditors who sought to recover their debts.", "12. On 26 February 2002 the applicant informed the Court that the execution proceedings were still pending.", "13. On 6 May 2003 the Bailiffs lodged an application with the Artemivsk City Court seeking to replace the debtor in the enforcement proceedings by the Artemvugillia State Company. On 20 June 2003 the court allowed this request. The Artemvugillia was ordered to pay the applicant UAH 2,946.98[2] in compensation.", "14. On 24 June 2003 the Bailiffs discontinued the enforcement proceedings for the payment of UAH 2,946.98 and remitted the execution writs to the Gorlivka District Bailiffs' Service, which had the relevant jurisdiction.", "15. On 1 July 2003 the writ of execution was assigned to a bailiff who, on 2 July, instituted enforcement proceedings in the applicant's case.", "16. On 3 July 2003 the Artemvugillia transferred the funds due to the applicant to the deposit accounts of the Mykytivsky District and Gorlivka District Departments of Justice which were enforcing the two writs in the applicant's favour.", "17. On 4 July 2003 the sum UAH 2,323.4 for the delay in settlement was transferred to the applicant's bank account in accordance with payment order no. 195.", "18. On 7 July 2003 the enforcement of this part of the judgment was discontinued in view of its execution.", "19. On 9 July 2003 the remainder of the sum due to the applicant (UAH 2,946.98) was transferred to the applicant's bank account in accordance with payment order no. 219.", "20. On 21 January 2004 the applicant informed the Court that he had received the full amount of the award. However, he complained that he had received no compensation for the further delays in enforcement. He also complained that he had to pay bank fees for the transfer made to him." ]

[ 3, 9 ]

[ "4. The applicant was born in 1964 and lives in Bjelovar, Croatia.", "5. On 6 November 1994 the applicant was arrested on suspicion that he had committed murder. On the same date he was detained on remand at Bjelovar County Prison (Okružni zatvor Bjelovar).", "6. On 9 November 1994 the Bjelovar County Court (Županijski sud u Bjelovaru) opened an investigation against the applicant.", "7. On 5 December 1994 the Bjelovar County State Attorney’s Office (Okružno državno odvjetništvo Bjelovar) indicted the applicant for murder.", "8. On 21 December 1994 the first hearing was held before the Bjelovar County Court.", "9. On 26 April 1995 the County Court found the applicant guilty of murder. It held that the applicant had exceeded the force necessary for self-defence and sentenced him to ten months’ imprisonment.", "10. On 15 May 1995 the applicant appealed against the first-instance judgment. The County State Attorney’s Office also filed an appeal.", "11. On 16 August 1995 the Supreme Court (Vrhovni sud Republike Hrvatske) quashed the first-instance judgment for factual shortcomings and remitted the case.", "12. In the resumed proceedings, on 16 October 1995 the County Court found the applicant guilty of manslaughter. It sentenced him to one year’s imprisonment. On the same date the applicant was released since the time he had spent in pre-trial detention was credited against his sentence.", "13. On 30 October 1995 the applicant appealed against the first-instance judgment. The County State Attorney’s Office also filed an appeal.", "14. On 18 November 1997 the Supreme Court again quashed the first-instance judgment and remitted the case. It held that the first-instance court had failed to state any reasons refuting the applicant’s argument that he had acted in self-defence.", "15. In the resumed proceedings, the County Court held hearings on 11 February 1998 and 3 April 1998. On 3 April 1998 the County Court again found the applicant guilty of manslaughter and sentenced him to one year’s imprisonment.", "16. On 27 April 1998 the applicant appealed against the first-instance judgment. The County State Attorney’s Office also filed an appeal.", "17. On 28 August 2001 the Supreme Court dismissed the appeals as ill-founded and upheld the first-instance judgment. The Supreme Court’s judgment was served on the applicant’s counsel on 8 October 2001." ]

[ 3 ]

[ "4. The applicant was born in 1940.", "5. In 1991 the applicant moved from Georgia to Saint-Petersburg where his sister lived. In 1997 the Migration Service of St. Petersburg (Миграционная служба г. Санкт-Петербурга) granted the applicant’s family the right to use two rooms in a three-room communal flat.", "6. On 5 August 1999 the Novyy Peterburg (“New Petersburg”) newspaper ran an article by Mr Usov under the headline “A Kurd from Novosibirsk? Claim your housing!” (“Курд из Новосибирска? Получи жилплощадь!”). The article alleged that the applicant and his wife, both of Kurdish origin, obtained the housing unlawfully, for a bribe. It was also said that they tortured and humiliated their neighbour (who lived in the third room of the flat) in order to “lay their hands on” the entire flat. The article implied that “compatriots of Öcalan” were given preference to the detriment of ethnic Russians.", "7. The applicant complained to a prosecutor’s office, and the Tsentralniy prosecutor’s office of St. Petersburg opened a criminal case for libel. A preliminary investigation established that Mr Usov based his conclusions on statements by the applicant’s neighbour who had been diagnosed with a mental disorder of paranoid nature.", "8. On 30 August 1999 (on 6 September 1999, according to the Government) the applicant lodged a civil action for defamation against the “New Petersburg” newspaper and Mr Usov. He claimed both publication of a refutation and compensation for non-pecuniary damage in the amount to be determined by the court.", "9. The first hearing was fixed for 19 April 2000. Between 20 June 2000 and 25 November 2002 at least eight hearings were adjourned. According to the Government, the adjournments took place because the applicant failed to appear. According to the applicant, he came to every hearing, but the defendant never showed up.", "10. On 17 January and 21 May 2002 the applicant moved to hear the case in his absence, explaining that it was difficult for him to come to every hearing because of his limited mobility. He also filed several complaints with the Dzerzhinskiy District Court of St. Petersburg about unreasonable delays in the examination of his claim, requesting the court to expedite the proceedings.", "11. On 31 May 2002 the Dzerzhinsky District Court of St. Petersburg inquired in writing whether the applicant would agree to the substitution of the “New Petersburg” newspaper, the original defendant, by the publishing house “New Petersburg”, the original defendant’s legal successor. On 18 July 2002 the applicant responded in the affirmative. On 30 July 2002 the court sent him again the same inquiry.", "12. The hearing in the defamation action before the Dzerzhinsky District Court of St. Petersburg finally took place on 10 February 2003, and the court rendered a judgment in the applicant’s favour. The defendant was ordered to pay 3,000 Russian roubles (“RUR”) for non-pecuniary damage and publish a refutation.", "13. In October 2003 the applicant complained to the President’s Office about the district court’s failure to make the text of the judgment available to him. On an unspecified date in December 2003 the applicant received the judgment.", "14. On 5 March 2004 the judgment was enforced in the part concerning the pecuniary award and the enforcement proceedings were closed. The applicant submits that the judgment has remained unenforced in the part concerning publication of a refutation.", "15. In early 2000 the applicant’s neighbour moved out and the applicant applied to the Migration Service for permission to use the third room in the flat. His application was refused. The applicant challenged the refusal in court.", "16. On 1 December 2000 the Kuybyshevskiy District Court of St. Petersburg dismissed the applicant’s claim. On the applicant’s appeal, the judgment was upheld on 15 February 2001 by the St. Petersburg City Court.", "17. The applicant’s application for supervisory review was refused by the Presidium of the St. Petersburg City Court." ]

[ 3 ]

[ "4. The applicant was born in 1940 and lives in Birsk in the Bashkortostan Republic of the Russian Federation.", "5. On 17 February 1998 the Birsk Town Court of the Bashkortostan Republic granted the applicant’s civil action for compensation for work-related injuries against the municipal enterprise “Baltachevskaya rayselkhtoztekhnika” (МУП «Балтачевская райсельхозтехника», “the municipal enterprise”) and awarded her a lump sum of 18,526.99 Russian roubles (RUR) and monthly payments of RUR 788.40. No appeal was lodged against the judgment and it became final on 28 February 1998.", "6. As the municipal enterprise stopped monthly payments from 1 January 1999, the applicant lodged a new civil action for the recovery of amounts outstanding and legal fees. On 17 January 2000 the Birsk Town Court of the Bashkortostan Republic allowed the action and awarded the applicant RUR 2,457.84.", "7. On 22 November 2000 the Birsk Town Court of the Bashkortostan Republic amended, at the applicant’s request, the judgment of 17 February 1998. The court ordered that the amount of monthly payments indicated in that judgment should be regularly adjusted to take account of increases of the minimum monthly wage.", "8. On 15 January and 30 September 2002 the Birsk Town Court allowed two further civil actions lodged by the applicant and awarded her interest on outstanding amounts and legal fees in the total amount of RUR 7,445.12.", "9. On 27 March 1998 and 9 December 2000 the Baltachevsk district service of court bailiffs opened enforcement proceedings against the municipal enterprise. Between 1 July 2000 and 1 September 2001 it recovered RUR 16,526.14.", "10. Unsatisfied with the bailiffs’ performance, the applicant complained to a court. On 11 December 2001 the Baltachevsk District Court of the Bashkortostan Republic granted her complaint. It found that as at 1 November 2001 the outstanding payments amounted to RUR 13,513.88. The municipal enterprise did not contest its obligation to pay, but claimed that it was unable to do so owing to insufficient funds. The court ordered that the bailiffs should seize the municipal enterprise’s property with a view to enforcing the judgment.\nOn the same day the bailiffs seized a lorry belonging to the municipal enterprise. However, it could not be sold because there was no willing purchaser and the applicant refused to accept the seized lorry in part payment of the debt, insisting on monetary compensation.", "11. The applicant complained to a prosecutor’s office about the court bailiffs’ failure to enforce the judgment of 17 February 1998 in full. On 5 July 2002 an investigator of the prosecutor’s office of the Baltachevsk District informed her that a criminal case had been opened against the bailiffs under Article 315 of the Criminal Code (“Non-enforcement of a conviction, judgment or a court decision”).\nOn 8 July 2003 the prosecutor’s office of the Baltachevsk district prosecutor ordered the chief court bailiff of the Bashkortostan Republic to take measures to enforce the judgment of the Baltachevsk District Court.", "12. Between 2002 and the present time the following payments were made to the applicant in order to enforce the judgments in her favour:\n- by a wire transfer of 3 June 2002 – RUR 3,000;\n- by a wire transfer of 13 September 2002 – RUR 1,000;\n- by a wire transfer of 13 August 2003 (the proceeds from the sale of the municipal enterprise’s lorry) – RUR 63,720;\n- by a cheque of 15 January 2004 – RUR 37,200.01;\n- by a cheque of 15 January 2004 – RUR 5,404.39." ]

[ 3, 9 ]

[ "8. The applicant was born in 1967 and lives in Ghent.", "9. On 29 March 1994 he was arrested in connection with an investigation concerning a case of arson committed on 25 May 1993.", "10. On 1 April 1994 the Committals Division of the Ghent Criminal Court refused to extend the validity of the arrest warrant. On appeal, the Indictment Division of the Ghent Court of Appeal overturned that decision and prolonged the applicant's pre-trial detention.", "11. On 21 April 1994 the investigating judge rescinded the warrant concerned.", "12. On 29 June 1994 and 2 June 1995 respectively the Committals Division and the Indictment Division, ruling on the action to be taken on the basis of the investigation to date, held that there was insufficient evidence to commit the applicant for trial and discontinued the proceedings.", "13. On 25 October 1996 the applicant claimed compensation for unwarranted pre-trial detention, relying on the Law of 13 March 1973 (see “Relevant domestic law” below).", "14. On 12 May 1997 the Minister of Justice refused the applicant's claim on the ground that he had not “established his innocence by adducing factual evidence or submitting legal argument to that effect”, as required by section 28(1)(b) of the Law of 1973. That requirement was justified, according to the Minister, in the case of an order or judgment discontinuing criminal proceedings, given that a discontinuation decision was not a bar to the reopening of the case if new information or evidence were to come to light.", "15. On 4 July 1997 the applicant contested the Minister's decision by means of an application to the Unwarranted Pre-trial Detention Appeals Board.", "16. On 1 December 1997 the applicant appeared before the Appeals Board, which upheld the refusal of his claim by a decision taken on the same day and served on the applicant on 29 March 1998. It noted that the grounds for presuming the guilt of the applicant, who had always denied committing the offence he stood accused of when appearing before the courts investigating the charge, had been held to be insufficient to justify committing him for trial. It observed that, although the applicant had announced his intention of submitting a pleading setting out the evidence in the file which “amply” proved his innocence, he had not done so and had not replied to the Government's submissions. Consequently, the Appeals Board found that he had not proved his innocence as the law required (dat verzoeker derhalve het bij de wet van hem vereiste bewijs van onschuld niet bijbrengt)." ]

[ 3 ]

[ "4. The applicants were born in 1943 and 1973 and live in Muć Gornji and Split respectively.", "5. On 6 December 1989 the applicants rented business premises from the “Cibona” Basketball Club (“the Club”) in Zagreb.", "6. On 10 February 1990 the Club unilaterally terminated the contract, because the applicants had delayed in paying an amount of money stipulated in the contract.", "7. The applicants subsequently instituted civil proceedings before the Zagreb Municipal Court (Općinski sud u Zagrebu) seeking to have the contract restored. On 17 October 1990 the first-instance court accepted their claim.", "8. On 21 May 1991 the Zagreb County Court (Okružni sud Zagreb) dismissed an appeal by the Club. The applicants sought enforcement of that judgment on 18 July 1991.", "9. The proceedings ended on 11 March 1992 when the Supreme Court (Vrhovni sud Republike Hrvatske) dismissed the Club’s request for revision on points of law.", "10. The Club meanwhile concluded a new contract renting the same business premises to Ž.B. and T.B. (“the new tenants”), who immediately occupied the premises.", "11. On 3 September 1991 the new tenants, as third parties, objected to the enforcement sought by the applicants on 18 July 1991, claiming that they were entitled to use the premises. They were instructed by the competent court to file a civil action against the applicants in order to have the enforcement declared inadmissible.", "12. On 21 October 1991 the new tenants instituted civil proceedings against the applicants to that end. They claimed that they had not known and could not have known about the applicants’ contract with the Club. Consequently, on 8 January 1992 the enforcement proceedings were stayed pending a decision on this question.", "13. After judgments at first instance and on appeal, which were quashed by the Supreme Court on 21 April 1994, the proceedings were remitted to the Zagreb Municipal Court.", "14. In the resumed proceedings, the Zagreb Municipal Court held two hearings and heard evidence from two witnesses. On 4 April 1996 the court declared the enforcement inadmissible. It found that the new tenants, in concluding their contract with the Club, had acted in good faith and that they were thus entitled to use the premises in line with the legislation in force at the material time.", "15. On 8 April 1997 the Zagreb County Court dismissed an appeal by the applicants.", "16. On 10 June 1997 the applicants filed a request for revision on points of law (revizija). On 8 November 2000 the Supreme Court dismissed their request on the merits. This decision was served on the applicants on 31 January 2001.", "17. On 15 June 2001 the Constitutional Court (Ustavni sud Republike Hrvatske) dismissed a constitutional complaint by the applicants, finding no violation of their constitutional rights." ]

[ 3 ]

[ "9. The applicant was born in 1973 and lives in Sofia.", "10. During the period September 1995 – May 1996 the applicant was a university student in finance in the town of Svishtov, at the Danube river. He was also the manager of a sport‑shoes shop in the town of Novi Pazar, in north‑eastern Bulgaria (situated at approximately 415 kilometres from Sofia), owned by his girlfriend.", "11. On 12 April 1995 Mr E.S.A., a Greek citizen living in Germany, drove through Bulgaria in a jeep with a trailer to transfer a corpse from Germany to Greece. At about 11.00 p.m. he stopped on the ring‑road of Sofia. A car stopped in front of the jeep, three men came out of it and approached the vehicle. One of them tried to hit Mr E.S.A. with a hammer through the jeep's window. Another got into the jeep and attacked him with a knife. Mr E.S.A. managed to knock off the knife, but in the meantime the man with the hammer hit him in the face. Then the three men threw Mr E.S.A. out of the vehicle, kicked him several times while he was lying on the ground, and drove away with the jeep.\n(b) Second offence", "12. At about 10.30 p.m. on 9 March 1996 Ms M.V. stopped her car in front of the house of a friend of her mother's and stepped out to wipe the ice from the windscreen. A man wearing a wool hat approached her, threatened her, sat in the driver's seat of her car and drove away.", "13. An investigation into the first incident was opened on 13 April 1995. Mr E.S.A. was presented with photographs of several persons, including the applicant, and later was questioned. He identified the applicant as one of the assailants and described the assailant as having a dark complexion and short brown hair. Apparently the identification procedure was tainted as the investigator did not, as provided by the Code of Criminal Procedure (“the CCP”), question Mr E.S.A. about the distinctive features of the person to be identified prior to presenting him with the photographs. It also seems that the record was not signed by one of the certifying witnesses, as required by the CCP.", "14. Following the identification, the investigator drew up a ruling to summon the applicant. On 11 and 12 July 1995 a process server visited the applicant's home to deliver the summons but was informed by a neighbour that the applicant was absent.", "15. On 23 August 1995 the investigator charged the applicant in absentia with aggravated robbery and ordered his detention.", "16. On 5 September 1995 a prosecutor of the Sofia City Prosecutor's Office confirmed the investigator's order for the applicant's detention.", "17. On 22 September 1995 the applicant was listed in a police posting as a wanted criminal suspect.", "18. On 5 October 1995 several police officers went to the home of the applicant to arrest him. They informed his parents that he was wanted. The applicant's mother told the officers that she had spoken with the applicant the previous day and that he was in Svishtov taking his university examinations.", "19. The next day, 6 October 1995, the applicant's mother went to the Investigation Service and, being a practising lawyer, requested permission to represent the applicant together with another lawyer. She requested the investigator to allow her to get acquainted with the charges and informed him that the applicant would appear for questioning in a week's time. The investigator refused to acquaint her with the charges.", "20. The applicant refused to appear for questioning. According to him, this was due to his believing that the accusation was “false and absurd” and to his fear of being ill‑treated in custody.", "21. On 10 October 1995 the police issued a nation‑wide search warrant for the applicant. According to the applicant, in practice no steps were undertaken in that respect and he was not hiding, but staying in hotels in Svishtov and taking his examinations.", "22. On 17 October 1995 a prosecutor from the Sofia City Prosecution Office ordered the investigator to allow the applicant's mother to participate in the proceedings.", "23. On 23 October 1995 the applicant's lawyers requested the examination of several witnesses who, it was asserted, could establish his alibi. They argued that at the time of the alleged offence the applicant had been in Novi Pazar in connection with the investigation of the robbery of the shop he was managing there. On unspecified dates later in the autumn of 1995 five witnesses testified that the applicant had been in Novi Pazar prior to and at the time of the attack on Mr E.S.A. in Sofia.", "24. On 26 October 1995 the investigator proposed that the investigation be stayed on the ground that the applicant was missing and sent the case file to the Sofia City Prosecutor's Office.", "25. On 8 November 1995 a prosecutor from that office refused to stay the investigation and ordered the carrying out of further investigative steps. She found, inter alia, that the photographs pursuant to which the applicant had been identified and the report from the examination of the crime scene were missing from the case file and that Mr E.S.A. had not been properly questioned.", "26. In the beginning of December 1995 the applicant's lawyers requested that the order for his detention be rescinded. They relied on the fact that the identification procedure with the participation of Mr E.S.A. was flawed and on the testimony that the applicant had been in Novi Pazar at the time of Mr E.S.A.'s robbing.", "27. The Sofia City Prosecutor's Office rejected the request by an order of 15 December 1995, reasoning that the proceedings were at a too early stage, that the applicant had been charged with a serious intentional offence and that there was no indication that he would not abscond, obstruct the investigation or commit another offence. In particular, the applicant was in hiding.", "28. On the same date the investigator again proposed that the proceedings be stayed on the ground that neither the applicant, nor Mr E.S.A. could be located.", "29. On 20 December 1995 the applicant's lawyers unsuccessfully requested from the Sofia City Prosecutor's Office to replace the investigator.", "30. On 8 January 1996 the Sofia City Prosecutor's Office stayed the proceedings because Mr E.S.A. had to be summoned from Germany, where he was living, for questioning.", "31. On 22 January 1996 the applicant's lawyers requested from the Chief Prosecutor's Office to rescind the order for the applicant's detention. The Chief Prosecutor's Office refused. It reasoned that there was no indication that if not in custody, the applicant would not abscond, obstruct the investigation or commit another offence. In particular, he was in hiding.", "32. On 29 January 1996 the proceedings were resumed because Mr E.S.A. had arrived in Bulgaria and could be questioned. During questioning he stated that the person who had assaulted him with a hammer had been a man of medium height, aged between thirty and thirty‑five years, with short hair and brown eyes. In contrast to his earlier statement, he testified that the attacker had been light‑skinned.", "33. On 30 January 1996 Mr E.S.A. was questioned again and said that during the 13 April 1995 identification he had been presented with five or six pictures, not nine as had been stated in the record.", "34. On 28 February 1996 the applicant's lawyers again requested from the Chief Prosecutor's Office to rescind the order for the applicant's detention. They argued that the evidence thus far adduced convincingly demonstrated that the applicant was not Mr E.S.A.'s attacker. The Chief Prosecutor's Office replied that it could not rule on the request.", "35. A renewed request dated 4 March 1996 remained unanswered.", "36. On 29 March 1996 the investigator proposed that the proceedings be stayed because the applicant was missing.", "37. By an order of 8 April 1996 the Sofia City Prosecutor's Office refused to stay the proceedings and sent the case back to the investigator, reasoning that its earlier instructions for additional investigative steps had not been complied with and that key pieces of evidence had not been gathered. It also noted that no effective actions had been undertaken to locate and apprehend the applicant.", "38. In the meantime, on or about 10 March 1996, an investigation relating to the robbery of Ms M.V.'s car (see paragraph 12 above) was opened by the Sofia District Prosecutor's Office.", "39. On 9 April 1996 the picture of the applicant appeared in the daily newspapers. When Ms M.V. saw the pictures, she went to the police and stated that it was the applicant who had robbed her car.", "40. On 8 May 1996 the applicant, after consulting with his lawyers, turned himself in. He was then formally presented with the charges against him.", "41. On 16 May 1996 Ms M.V. was questioned. She described the offender as a twenty‑five year old man with a large mouth and big eyes.", "42. On 17 May 1996 the applicant was charged with robbing Ms M.V.'s car.", "43. On 11 June 1996 the investigator in the proceedings relating to Mr E.S.A.'s robbery recommended that the charges against the applicant be dropped, as it appeared that he was not the offender. By an order of 21 June 1996 the Sofia City Prosecutor's Office refused and returned the case for further investigation.", "44. On 18 June 1996 the Sofia City Prosecutor's Office, which was supervising the proceedings relating to Mr E.S.A.'s robbery, took charge of the investigation relating to Ms M.V.'s robbery as well. It ordered an additional questioning of Ms M.V. with a view to establishing, inter alia, on what basis she was able to identify the applicant and whether she was categorical about that.", "45. On 24 July 1996 the two investigations were merged.", "46. On 19 November 1996 the investigator proposed that the applicant be committed for trial for the alleged robbery of Ms M.V.'s car but that the charges in respect of the robbery of Mr E.S.A. be dropped.", "47. On 4 January 1997 the Sofia City Prosecutor's Office refused to drop the charges, ordered additional investigative actions, and decided that the applicant was to be indicted for both offences.", "48. On 23 January 1997 the investigator presented the applicant with the amended charges, proposed that he be committed for trial and transmitted the case file to the Sofia City Prosecutor's Office.", "49. On 5 March 1997 the Sofia City Prosecutor's Office submitted to the Sofia City Court a two‑count indictment against the applicant.", "50. On 10 March 1997 the reporting judge set the case down for hearing on 3‑5 February 1998 and ordered that Mr E.S.A. be summoned from Germany, where he resided, by letter rogatory.", "51. The summons was served on Mr E.S.A. not later than 28 August 1997.", "52. The first hearing was held on 3‑5 February 1998, at which another judge was presiding. The court heard testimony from at least fourteen witnesses. A second hearing was scheduled for 30 June 1998 because Ms M.V. and two other witnesses failed to show up.", "53. During the hearing on 30 June 1998 the Sofia City Court questioned Ms M.V. and the other witnesses. Mr E.S.A.'s testimony from the preliminary investigation was read out before the court because he was absent from the hearing.", "54. On 1 July 1998 the Sofia City Court gave judgment, acquitting the applicant of all charges against him. However, the court did not announce the reasons for its judgment until 8 December 1998. It held that Ms M.V.'s and Mr E.S.A.'s testimony regarding the physical features of the offender was very unreliable. The court also refused to take into account the results of the photograph identification made on 13 April 1995 by Mr E.S.A. (see paragraph 13 above), holding that it had been effected in breach of the relevant rules of evidence and was thus inadmissible. Finally, the court found it established that the applicant had an alibi in respect of both alleged offences. As regards the first alleged offence, it found that at the time of the robbery of Mr E.S.A. the applicant had been in Novi Pazar because the shop he had been managing there had been robbed several days before that. As regards the second alleged offence, the court held that at the time of the robbery the applicant had been visiting a friend together with his girlfriend.", "55. On 13 July 1998 the Sofia City Prosecutor's Office appealed against the judgment to the Sofia Court of Appeals, stating that the Sofia City Court had not properly established the facts. The appeal did not mention further particulars in support of this position and stated that additional arguments would be provided after the announcement of the reasons for the judgment by the Sofia City Court.", "56. On 17 July 1998 the applicant's lawyer requested the Sofia Court of Appeals to declare the prosecution's appeal inadmissible for failure to specifically describe the non-elucidated facts.", "57. On 29 December 1998, after having received on 8 December the reasons for the Sofia City Court's judgment (see paragraph 54 above), the Sofia City Prosecutor's Office filed an “additional submission” which contained detailed arguments in support of its appeal. It submitted that the Sofia City Court had erroneously assessed certain witness testimony and that its findings of fact had not reflect correctly the evidence presented.", "58. On 13 January 1998 the applicant's lawyer made an objection, arguing that the prosecution's appeal should be declared inadmissible as the first filing had been defective and the “additional submission” – allegedly the valid appeal – had been lodged out of time.", "59. The Sofia Court of Appeals accepted the appeal for consideration, briefly noting that the detailed argumentation had been filed later because of the late announcement of the reasons for the Sofia City Court's judgment and that there was no indication that the appeal was out of time.", "60. A hearing was held on 11 March 1999 at which oral argument was heard but no new evidence presented.", "61. On the same date the Sofia Court of Appeals quashed the acquittal and remitted the case to the Sofia City Prosecutor's Office on the ground that on 23 January 1997 the applicant had been charged in violation of the procedural requirements, his signature being missing from the minutes of the charging. Thus, it was unclear whether he had understood the nature and the cause of the accusation against him. That amounted to a serious violation of the applicant's defence rights, despite the fact that his lawyers had been present at the charging.", "62. The court's judgment was not subject to appeal, as it did not put an end to the criminal proceedings.", "63. On 12 May 1999 the Sofia City Prosecutor's Office returned the case to the investigator, instructing him to carry out certain investigative actions.", "64. The applicant was charged anew on 14 July 1999. The investigator recommended his committal for trial.", "65. On 2 November 1999 the Sofia City Prosecutor's Office submitted to the Sofia City Court an indictment against the applicant.", "66. On 5 November 1999 the reporting judge set the case down for hearing on 1, 2 and 5 June 2000.", "67. The Sofia City Court held several hearings on 1, 2 and 5 June, 10 October and 2 November 2000 and 2 February and 8 March 2001.", "68. In a judgment of 8 March 2001 the Sofia City Court again acquitted the applicant of all charges against him. The court held that Mr E.S.A.'s testimony about the physical features of the offenders was controversial and unreliable. It also held that the photograph identification was inadmissible because effected in breach of the relevant rules of evidence (see paragraph 13 above). The court went on to hold that Ms M.V.'s testimony about the physical features of the person who had robbed her was likewise unreliable. The court further held that the applicant had an alibi for both offences. As regards the first alleged offence, from 10 till 12 April 1995 the applicant had been in Novi Pazar, because the shop he had been managing there had been robbed on 9 April 1995. He had stayed at a friend's house and had met officers from the local police station and several other persons. He had taken a train in the evening of 12 April, at 11.55 p.m., and had arrived back in Sofia in the morning of 13 April 1995. As regards the second alleged offence, the court held that at the time of the robbery the applicant had been visiting a friend together with his girlfriend.", "69. On 3 April 2001 the Sofia City Prosecutor's Office appealed against the judgment to the Sofia Court of Appeals.", "70. The Sofia Court of Appeals held a hearing on 5 October 2001.", "71. In a judgment of 23 January 2002 the Sofia Court of Appeals upheld the acquittal.", "72. No appeal was lodged against the judgment and it entered into force on 11 February 2002.", "73. On 8 May 1996 the applicant turned himself in and was detained pursuant to the investigator's order of 5 September 1995 (see paragraph 15 above).", "74. On 17 May 1996, when the applicant was also charged with robbing Ms M.V.'s car, his detention was confirmed by the investigator on the ground that another investigation was pending against him.", "75. On 24 June 1996 the Sofia City Prosecutor's Office held, in response to an application for bail, that the applicant had been charged with a serious intentional offence, that there was a risk that he would flee, jeopardise the investigation, or re‑offend. In particular, prior to his arrest he had been hiding. Also, another investigation was pending against him, which, according to Article 152 § 3 of the CCP, made detention mandatory. It therefore refused bail.", "76. On 11 September 1996 the applicant again applied for bail.", "77. On 24 September 1996 a prosecutor from the Sofia City Prosecutor's Office granted bail, but apparently his order was not found in the case file and was never put into effect.", "78. On 26 September 1996 the deputy‑head of the Sofia City Prosecutor's Office reversed the bail order, holding that under Article 152 § 2 of the CCP a detainee charged with a serious intentional offence could only be released if there existed serious indications that he or she would not abscond, obstruct the investigation or commit an offence. In the case at hand this prerequisite was missing. On the contrary, the available information indicated that there was a serious risk of the applicant fleeing or committing an offence, because he had been hiding for ten months prior to his arrest. Moreover, another investigation was pending against him, which excluded release on bail.", "79. The applicant's lawyer appealed against this order to the Chief Prosecutor's Office. By an order of 14 October 1996 the Chief Prosecutor's Office dismissed the appeal. It held that the applicant had been charged with two serious intentional offences and that sufficient evidence pertaining to his guilt had been collected. Furthermore, in view of the nature of the alleged offences, the applicant's release could seriously obstruct the investigation. There was also a danger that the applicant could flee.", "80. On 10 March 1997 the reporting judge at the Sofia City Court held of her own motion that there were no grounds for granting bail at that point and decided to continue the applicant's detention.", "81. On 7 May 1997 the applicant's lawyer requested the applicant's release. It was argued that the investigation had already been completed and that there was hence no risk of the applicant jeopardising it, and that there was no indication that if released the applicant, who was a student and wished to continue his education, would commit an offence. Moreover, the applicant had not tried to hide because he had never been properly summoned.", "82. In a decision of 8 May 1997 made in private the reporting judge refused bail. She held that the applicant had been charged with serious intentional offences, which meant that release was only possible if the exception of Article 152 § 2 of the CCP was applicable. However, prior to his arrest the applicant had been hiding for approximately ten months, thus demonstrating his intention to jeopardise the investigation. On the other hand, another investigation was pending against him, which, under Article 152 § 3 of the CCP, excluded the possibility for release.", "83. The applicant did not appeal against the decision.", "84. On an unspecified date in August or September 1997 the applicant's lawyer again requested the applicant's release, arguing that he had a permanent address and was enrolled in university and that his girlfriend had given birth to his baby on 9 October 1996.", "85. The reporting judge at the Sofia City Court rejected the applicant's request in a decision of 8 September 1997 made in private. She held, inter alia, that the applicant's lengthy hiding had hindered the investigation and that another investigation was pending against him for a robbery allegedly committed in Novi Pazar. It appears that the judge was referring to the investigation into the robbery of the applicant's girlfriend's shop, in which the applicant was not the suspect, but the victim (see paragraph 23 above).", "86. On 18 September 1997 the applicant's lawyer appealed against the decision to the Supreme Court of Cassation. She lodged the appeal with the Sofia City Court, but on 22 September 1997 the court rejected it as inadmissible, holding that, being his mother and having been questioned as a witness, the applicant's lawyer could not also act as his defence counsel. Following this, the same day the applicant lodged an appeal in person. He argued that he had not been hiding: he had been taking his university examinations and staying in hotels; the authorities had never made an effective effort to find him. He further explained the misunderstanding concerning the investigation in Novi Pazar. In addition, he complained that the Sofia City Court had failed to address the question of the reliability of the evidence on which the charges had been based or to consider the factors militating against his continued detention.\nThe reporting judge examined the appeal, and having found no grounds to vary its decision, sent it together with the case‑file to the Supreme Court of Cassation.", "87. On 7 October 1997 the Supreme Court of Cassation, sitting in private and in the presence of a prosecutor who argued that the appeal was ill-founded, dismissed the appeal. It noted that the applicant had been charged with two serious intentional offences, that he had been hiding and that there had been no change in circumstances warranting his release. Despite the applicant's explanation concerning the misunderstanding in respect of the Novi Pazar investigation, the Supreme Court of Cassation repeated the reference to an investigation pending against him there.", "88. On 5 February 1998, the third day of the trial, the Sofia City Court granted bail, setting the amount at five million old Bulgarian levs. The court held that prior to his arrest the applicant had been in Svishtov taking his university examinations, that there was no indication that he would abscond, that his clean criminal record suggested that there was little danger of him committing an offence, and that there was no risk that he would obstruct the investigation. The applicant posted bail the same day and was released on 6 February 1998." ]

[ 2, 3 ]

[ "6. The applicant was born in 1925 and lives in Chişinău.", "7. In 1941 the Soviet authorities nationalised the house owned by his parents. In the same year his family was deported to Russia and to Uzbekistan.", "8. On 8 December 1992 the Moldovan Parliament enacted Law No. 1225-XII “on the rehabilitation of the victims of the political repression committed by the totalitarian communist occupying regime”. The Law enabled the victims of the Soviet repression to claim restitution of their confiscated or nationalised property.", "9. In 1997 the applicant lodged an action with the Centru District Court (Judecătoria Sectorului Centru) by which he sought the restitution of his parents' house. As the former tenants of the house had purchased it from the State, the applicant sought a judicial ruling declaring the purchase contracts null and void. He also requested the eviction of all the occupants of the house.", "10. On 25 June 1997 the Centru District Court found in favour of the applicant and ordered the restitution of the house. It declared null and void the contracts by which the house had been sold to the tenants. The court further ordered the Municipal Council to evict all the occupants, and indicated that the Municipal Council was to provide them with alternative accommodation.", "11. The Municipal Council, the Ministry of Privatization and the occupants lodged an appeal with the Chişinău Regional Court (Tribunalul Municipiului Chişinău) against the judgment of the Centru District Court. On 5 November 1997 the Chişinău Regional Court dismissed the appeal and upheld the judgment with some textual amendments. Since nobody lodged an appeal in cassation, the judgment of 5 November 1997 became final.", "12. In 1999, 2000 and 2001 the bailiff assigned to the case brought proceedings against the Municipal Council for failure to comply with the judgment of 5 November 1997 along with twenty-six similar judgments.\nOn 28 December 1999 the Centru District Court issued a decision by which a fine of 18 Moldovan lei (MDL) (the equivalent of EUR 1.53 at the time) was imposed on the Head of the Housing Division of the Municipal Council for failure to comply with the judgments.\nOn 25 August 2000 the same court issued a decision by which it imposed a fine of MDL 1,800 (the equivalent of EUR 161 at the time) on the Municipal Council. The court found inter alia that the shortage of funds and the lack of available apartments could not be relied upon by the Municipal Council to justify the failure to comply with the above judgments.\nThe Municipal Council lodged an appeal against that decision and on 24 January 2001 the Chişinău Regional Court quashed it on the ground that the shortage of funds and the lack of available apartments had objectively impeded the Municipal Council from complying with the judgments.\nOn 23 February 2001 the Centru District Court issued a decision by which it imposed a fine of MDL 1,800 on the Municipal Council.", "13. Between 1997 and 2002 the applicant lodged numerous complaints about the non-enforcement of the judgment of 5 November 1997 with the Municipal Council, Centru District Court and the Ministry of Justice. In their replies, the Municipal Council and the Ministry of Justice informed the applicant that due to the lack of funds for the construction of apartment buildings and due to the lack of available alternative accommodation for the evicted persons, the judgment of 5 November 1997 could not be complied with.", "14. In April 2004 four occupants of the applicant's house lodged with the Chişinău Court of Appeal a request for revision of the judgments of 25 June 1997 and 5 November 1997. Relying on Article 449 of the new Code of Civil Procedure (see paragraph 21 below) they argued in their request that new information have become known to them. They also asked the court to extend the deadline for lodging the request in view of the fact that the new information had been obtained by them from the National Archives in April 2004.\nOn 26 May 2004 the Court of Appeal found in favour of the occupants, quashed the judgments of 25 June 1997 and 5 November 1997 and ordered the re-opening of the proceedings in the light of the newly discovered facts. The court also decided to extend the time limit for lodging the request.\nThe new facts relied upon by the Court of Appeal in its judgment were an issue of the Municipal Official Gazette of 1940, and a few certificates from the National Archives and from the Land Register dated April and May 2004. According to these documents, due to a change of numbers of the houses on the street, it was unclear whether the house provided for in the final judgments or another house belonged to the applicant's family. The Court of Appeal did not specify in its judgment whether Article 449 of the new Code of Civil Procedure had a retroactive effect; nor were reasons given for extending the time limit for the lodging of the revision request." ]

[ 3, 9 ]

[ "9. The applicant was born in 1971 and lives in Plovdiv.", "10. On 27 December 1997 the applicant was arrested, brought before an investigator and detained on rape charges. A prosecutor confirmed the detention on the same day. Later in the course of the investigation he was also charged with abduction.", "11. Between 27 December 1997 and 5 January 1998 the investigator conducted searches in the applicant's apartment, ordered an expert analysis of various traces and objects and questioned the applicant.", "12. On 5 January 1998 the applicant appealed to the Plovdiv District Court against the detention order.", "13. In accordance with the established practice, the appeal was submitted through the investigation authorities, which transmitted it to the District Court on 15 January 1998. The matter was listed for a hearing on 19 January 1998.", "14. On 19 January 1998 the applicant's lawyer requested access to the case file, which was refused by the judge on the same day.", "15. At the hearing on 19 January 1998 the applicant's lawyer requested the withdrawal of the president of the bench as she had recently sought his prosecution for alleged defamatory statements. The lawyer was concerned that the judge's hostility towards him might prejudice his client's interests. The request for the judge's withdrawal was granted and the case adjourned.", "16. On 21 January 1998 the case was assigned to another bench and listed for hearing on 23 January 1998.", "17. On 21 January 1998 the applicant's lawyer reiterated his request for access to the case file. The request was refused on the same day.", "18. The applicant's appeal against his detention was eventually heard on 23 January 1998.", "19. At the opening of the hearing the judge refused to allow the participation of the applicant's lawyer, considering that his written authority form was invalid. The judge stated that the authority had only been signed by the applicant's wife and not by the applicant, that it bore no indication of the lawyer's fees and that it had not been made on a sheet from the usual lawyers' receipt-books.", "20. Thereupon, the applicant, who was also present, handed to the judge another written authorisation, signed by him. The court refused to accept it as the case file number had not been marked on it. As a result, the applicant had to present his case without legal representation.", "21. Having heard the applicant, the court dismissed his appeal against detention, stating that he was charged with a serious criminal offence. The court went on to conclude that the fact that the applicant had refused to sign the minutes of his first interrogations and to comment on the charges right away had demonstrated that he lacked critical judgment of his behaviour, which in turn revealed a danger that he would abscond and re-offend.", "22. On 13 April 1998 the applicant filed a new appeal against detention, referring to passages in a psychiatrists' report concerning his mental state (see paragraph 41 below). On 13 April 1998 the applicant also filed a request for the replacement of the president of the bench, arguing that his partiality had been demonstrated by his behaviour at the hearing on 23 January 1998. The lawyer did not enclose a power of attorney and did not indicate his address and telephone number.", "23. On 27 April 1998 the appeal was forwarded by the prosecution authorities to the District Court, where it was registered on 6 May 1998. A hearing was listed for 11 May 1998. The applicant, but not his lawyer, was summoned.", "24. At the hearing on 11 May 1998 the applicant requested an adjournment as his lawyer was not present. The District Court, sitting in a new composition, noted that the applicant's lawyer had not been summoned as he had not indicated his address. It nevertheless decided to adjourn the case in view of the applicant's request. A second hearing was listed for 21 May 1998.", "25. On 12 May 1998 the applicant's lawyer requested to be given access to the case file.", "26. On 21 May 1998 the Plovdiv District Court heard the prosecutor, the applicant and two lawyers acting for him. The District Court dismissed the lawyers' request for an adjournment to allow consultation of the case file, referring to “the practice” and endorsing the prosecutor's view that it was for the investigator to decide what material should be provided to lawyers.", "27. As to the merits, the applicant argued that his health was unstable, that the conditions of detention were unacceptable and that he had to help his parents, one of whom was ill, in their seasonal agricultural work.", "28. The District Court dismissed the applicant's appeal against detention noting the psychiatrists' conclusion that the applicant was mentally healthy and that other relatives had been taking care of the applicant's sick mother. The court also had regard to the fact that the charges concerned a serious offence, allegedly committed during the operational period of the applicant's suspended sentence for a previous conviction, and concluded that there was a danger that he might obstruct the course of justice and re‑offend. As to the conditions of the applicant's detention, the court stated that a transfer to another detention facility could be recommended.", "29. On 8 June 1998, before completing the investigation, the investigator gave the applicant and his lawyer access to all the material in the case. On 11 June 1998 the investigator drew up a report proposing that the applicant be indicted.", "30. The indictment on charges of rape and abduction was prepared by a prosecutor and submitted to the District Court on 28 July 1998.", "31. At the first hearing, held on 1 October 1998, the District Court examined the applicant's renewed appeal against his detention and dismissed it, noting that he was charged with a serious wilful offence which required his remand in custody and that, in any event, the charges concerned an offence allegedly committed during the operational period of the applicant's previous suspended sentence for another offence. This latter fact left no doubt that there was a danger that the applicant would commit further offences. Finally, the court also endorsed the prosecutor's position that there was a reasonable suspicion against the applicant and that the fact that the charges concerned a violent offence should be taken into account.", "32. At the hearing held on 23 November 1998 the applicant submitted another application for release on the grounds that his detention was unreasonably long, that the court failed to conduct a prompt trial and that there was no convincing evidence against him. Ms D., the victim, stated that she feared that if released the applicant may hurt her. She had learned that the applicant's parents had been asking others about her new address. The court ruled against the applicant's release. It noted that under the relevant law remand in custody was required in all cases where the charges concerned serious offences. It further stated that there was a danger that the applicant would obstruct the course of justice in view of the fact that he had been charged with more than one offence and that he had a criminal record. Therefore, the applicant's statements about his good character and family circumstances did not warrant release.", "33. On 18 December 1998 the Plovdiv District Court found the applicant guilty of rape, sentenced him to two years' imprisonment and acquitted him of the charges of abduction. On 30 April 1999 the Plovdiv Regional Court upheld the conviction and sentence.", "34. The applicant produced copies of correspondence in January and March 1998 from the presidents of the Plovdiv District Court and of the Plovdiv Regional Court to the local Bar Association, apparently in reaction to complaints made by lawyers about an existing practice of barring access to case files in cases concerning appeals against pre-trial detention.", "35. The president of the District Court acknowledged that the complaints were well-founded and stated, inter alia, that, “[r]egrettably, District Court judges rely on the hitherto prevailing practice and do not share my opinion ...”", "36. The president of the Regional Court informed the Bar Association that the matter had been discussed at length and that the judges had agreed that, contrary to the opinion of the Chief Public Prosecutor's Office and the Regional Prosecutor's Office in Plovdiv, there were no legal grounds for refusing access to case files in appeals against detention proceedings.", "37. Between 25 December 1997 and 16 June 1998 the applicant was kept in a lock-up at the Regional Investigation Office in Plovdiv.", "38. The cell, where the applicant was detained together with three other people, measured 3 x 3.5m (a surface of 10.5 m²). Since there were no beds, the detainees slept on mattresses on the floor. According to the applicant, the blankets were not washed regularly. The Government disputed that allegation. The cell did not have access to daylight and was equipped with a 100W electric lamp. There was a ventilation system. According to the applicant the ventilation system was only installed “in 1998”. He also submitted that in winter the temperature in his cell did not rise above 10‑12 Co. According to the Government, the cell was centrally heated and the temperature therein was normal.", "39. The applicant and the other detainees were allowed to leave the cell twice a day, at 6.30 a.m. and 6.30 p.m., for toilet purposes and washing. To relieve themselves outside the time earmarked for toilet visits, the detainees had to use a bucket. They had to empty the bucket and clean it themselves when leaving the cell to use the sanitary facilities. They were provided with detergents. Once per week the buckets were disinfected chemically. No possibility for spending time in the open or physical exercise was provided. The detainees could also leave the cell when they received visits or were brought for questioning or taken to court. They showered once per week in winter and twice per week in summer. Apparently hot water was available.", "40. Food was provided three times per day in the cell. It was served in pots or mugs which the detainees had to wash after every meal and which were collected and disinfected periodically. For security reasons, no forks or knives were provided. According to the applicant, the food was of bad quality. The Government stated that meat was available at least once per day.", "41. In April 1998 psychiatry experts who had examined the applicant with a view to verifying his legal capacity to stand trial submitted their report. They noted that a year or two earlier the applicant had undergone periods of depression and violent or inadequate behaviour. He had been admitted for a day to a psychiatric hospital on suspicion of suffering from paranoid schizophrenia. However, the experts concluded that the applicant's mental condition was sound.", "42. On 16 June 1998 the applicant was transferred to the Plovdiv prison where the conditions were better.", "43. The CPT visited Bulgaria in 1995 and again in 1999 and 2003. The Plovdiv Investigation Service detention facility was visited in 1999 and 2003. All reports included general observations about problems in all Investigation Service facilities.", "44. In this report the CPT found that most, albeit not all, of the Investigation Service detention facilities were overcrowded. With the exception of one detention facility where conditions were better, the conditions were as follows: detainees slept on mattresses on sleeping platforms on the floor; hygiene was poor and blankets and pillows were dirty; cells did not have access to natural light, the artificial lighting was too weak to read by and was left on permanently; ventilation systems were in poor condition; detainees could use a toilet and washbasin twice a day (morning and evening) for a few minutes and could take a weekly shower; outside of the two daily visits to the toilets, detainees had to satisfy the needs of nature in the cell bucket; although according to the establishments' internal regulations detainees were entitled to a “daily walk” of up to thirty minutes, it was often reduced to 5-10 minutes or not allowed at all; no other form of out-of-cell activity was provided to persons detained.", "45. The CPT further noted that food was of poor quality and in insufficient quantity. In particular, the day's “hot meal” generally consisted of a watery soup (often lukewarm) and inadequate quantities of bread. At the other meals, detainees only received bread and a little cheese or khalva. Meat and fruit were rarely included on the menu. Detainees had to eat from bowls without cutlery - not even a spoon was provided.", "46. The CPT also noted that family visits were only possible with permission and that as a result detainees' contact with the outside world was very limited. There was no radio or television.", "47. The CPT concluded that the Bulgarian authorities had failed in their obligation to provide detention conditions which were consistent with the inherent dignity of the human person and that “almost without exception, the conditions in the Investigation Service detention facilities visited could fairly be described as inhuman and degrading.” In reaction, the Bulgarian authorities had agreed that the [CPT] delegation's assessment had been “objective and correctly presented” but had indicated that the options for improvement were limited by the country's difficult financial circumstances.", "48. In 1995 the CPT recommended to the Bulgarian authorities, inter alia, that sufficient food and drink and safe eating utensils be provided, that mattresses and blankets be cleaned regularly, that detainees be provided with personal hygiene products (soap, toothpaste, etc), that custodial staff be instructed that detainees should be allowed to leave their cells during the day for the purpose of using a toilet facility unless overriding security considerations required otherwise, that the regulation providing for 30 minutes' exercise per day be fully respected in practice, that cell lighting and ventilation be improved, that the regime of family visits be revised and that pre-trial detainees should be more often transferred to prison even before the preliminary investigation was completed. The possibility of offering detainees outdoor exercise was to be examined as a matter of urgency.", "49. The CPT noted that new rules, providing for better conditions, had been enacted but had not yet resulted in significant improvements.", "50. In most places visited in 1999 (with the exception of a newly opened detention facility in Sofia), the conditions of detention in Investigation Service premises had remained generally the same as those observed during the CPT's 1995 visit, including as regards hygiene, overcrowding and out‑of-cell activities. In some places the situation had even deteriorated.", "51. In the Plovdiv Investigation Service detention facility, as well as in two other places, detainees “still had to eat with their fingers, not having been provided with appropriate cutlery”.", "52. In the same detention facility medical supervision was provided by a medical doctor on the premises.", "53. The CPT noted that most investigation detention facilities were undergoing renovation but that a lot remained to be done. The cells remained generally overcrowded.", "54. In Plovdiv, only a third of the cells had benefited from a refurbishment which involved making windows in the cell doors, improving the artificial lighting and installing wash basins in the cells. However, the majority of the cells remained in the same inadequate condition as in 1999. The sanitary facilities were not in a satisfactory state of repair.", "55. Despite the CPT's recommendations in the report on their 1999 visit, no proper regime of activities had been developed for detainees spending long periods in the investigation detention facilities. Those facilities did not have areas for outdoor exercise. At some of the establishments (e.g. Botevgrad), attempts were being made to compensate for the lack of outdoor exercise facilities by allowing detainees to stroll in the corridor several times a day. The CPT stated that “in this respect, the situation remain[ed] of serious concern”." ]

[ 1, 2 ]

[ "10. The applicants, who were born in Lice, currently reside in Diyarbakır.", "11. The facts of the case are in dispute between the parties.", "12. On the night of 12 May 1994 and in the early hours of 13 May 1994, the applicants heard gun fire coming from outside their village of Yolçatı, located in the administrative jurisdiction of the Lice District within the province of Diyarbakır. The firing continued until approximately 5 a.m. Subsequently, soldiers entered the village and told all the villagers to gather at the village mosque.", "13. The applicants alleged that the following took place:", "14. On 12 May 1994 the applicant was at home with his family. During the night he heard gun fire coming from outside the village. In the early hours of 13 May his son, Kamil Menteşe, left to take the livestock out of the village. The soldiers stopped his son, checked his identity card and released him.", "15. When the soldiers entered the village, they ordered all the villagers to gather near the village mosque. They asked them whether there were any PKK members in the area and whether they had been giving them food. The villagers replied that PKK activities were frequent in the area. Thereafter, the soldiers started to burn the houses in the village. At that time, the applicant’s son returned to the village and was taken away by the soldiers together with three other villagers. The applicant, together with the remaining villagers, was sent away from the village. After two days, they were allowed to go back to the village. When they came back, they saw that the village had been burned down. The next day, the applicant went to the Lice public prosecutor and to the military authorities to inquire into his son’s whereabouts. However, he received no reply. On 17 May 1994, five days after the incident, the corpses of twenty-six persons, including Kamil Menteşe, Sabri Akdoğan, Abdulvahap Maço and Yusuf Bozkuş, were found near the village. The corpse of the applicant’s son was found five hundred metres away from the others. The body was taken to the Lice Health Clinic and was subsequently buried in the Lice cemetery.", "16. The applicant and her family lived in the hamlet of Beğendik in the Yolçatı village. On the night of 12 May 1994 the applicant was at home with her family. At about 11 p.m. they heard gun fire near their house. It continued until 5 a.m. In the morning of 13 May, the applicant’s brother in-law, Yusuf Bozkuş, led the animals towards the Yolçatı village. Yusuf was about 60 years old and he was of unsound mind. At the same time, the applicant and her children tried to leave the hamlet. However, they were not able to go very far as the area was surrounded by soldiers. From a distance, the applicant saw her house catch fire. On the evening of 13 May the applicant and her children stayed in the forest and saw smoke rising from the surrounding hamlets and villages. Early in the morning of 14 May, they headed towards Lice.", "17. On 15 May 1994 the applicant heard from her neighbours that her brother-in-law, Yusuf Bozkus, had been arrested by the security forces near the Yolçatı village together with six other villagers. Upon receiving this information, the applicant attempted to search for Yusuf. However, as the roads were blocked with panzer tanks, she could not go back there. When she returned to Lice, her children told her that Yusuf’s body had been found and identified by Yusuf’s brother, Hasan Bozkuş. According to Hasan Bozkuş, Yusuf’s skull was completely shattered and there were five bullet holes in his chest.", "18. The applicant went back to the village one month later and saw that her house had been burned down.", "19. The applicant and her children were in the village on the evening of 12 May 1994. They heard gun fire throughout the night. On 13 May, at 6 a.m., soldiers arrived in the village and told the villagers to gather around the mosque. The applicant and her children accordingly went to the mosque. The commander then ordered the soldiers to start burning the houses. The applicant’s house was burned down along with others. Subsequently, all men who were under 60 years old were ordered to leave the village together with a soldier. The applicant saw Sabri Akdoğan, Abdulvahap Maço, Reşit Demirhan and Kamil Menteşe being taken away by a soldier. After some time, the applicant heard gun fire from the direction where the men had been taken, and she subsequently saw a couple of soldiers coming back to the village from that direction.", "20. The applicant was in the village of Yolçatı on the night of 12 May 1994. In the early hours of 13 May at about 6 a.m., the village was surrounded by soldiers, who arrived in the village by vehicles, panzers and a helicopter. The villagers were ordered to gather around the mosque and they were interrogated about PKK activities. The soldiers then began burning down the houses. The village men who were under 60 years old were asked to leave the village with the soldiers. Upon this order, the applicant’s son Reşit Demirhan, who was 48 years old, together with Sabri Akdoğan and Abdulvahap Maço, were taken away by the soldiers. The applicant was sent to Lice with the remaining villagers. He tried to get information as to the whereabouts of his son. However, the soldiers did not allow him to look for him. After two days, the applicant returned to the village. The following day, some villagers went to the Lice public prosecutor to obtain information about the missing villagers. The body of the applicant’s son was subsequently found near the village together with the bodies of Sabri Akdoğan, Hasan Bayram, Mehmet İlkkaya, Yusuf Bozkuş, Fahri Bayram, Ramazan Bayram, Ekram Bayram, Abdulvahap Maço and Kamil Menteşe. Kamil’s body was found five hundred metres away from the other bodies. The applicant heard that there were twenty-six bodies at the scene of incident. The body of the applicant’s son was buried on 16 May 1994 in Diyarbakır.", "21. The applicant lived in the village of Yolçatı. When the firing stopped at around 5 a.m. on 13 May 1994, the applicant fled from the village. While running away, she saw a helicopter land in the village. She saw smoke rising from the village. Two weeks later when she returned to the village, she saw that her house had been burned down.", "22. The applicant and his family lived in a hamlet of the Yolçatı village. On the night of 12 May 1994 they heard gun fire. It continued until 5 a.m. When the firing stopped, the applicant and his family tried to go to Lice. While they were passing near the Yolçatı village, they were stopped by soldiers and the applicant’s son, Abdulvahap Maço, was taken away by the soldiers. The applicant was able to witness smoke rising from the nearby villages and hamlets in the area. The applicant and the rest of the family members continued towards Lice and stayed there with relatives for two days. On 15 May 1994 the applicant was informed by some villagers that his son Abdulvahap Maço had been found dead together with four other villagers, Reşit, Hasan, Yusuf and Sabri. The applicant subsequently went to the Lice public prosecutor and the leader of the Council and told them about the incident. However, they both responded that there was nothing they could do to help him. When the applicant received permission to collect his son’s body, he went back to the village. He saw that the village had been burned. He subsequently found the corpse of his son behind some rocks. There were several bullet marks on the body. The applicant took his son’s body to the Lice Health Clinic and subsequently buried him in Lice.", "23. The Government denied the allegations submitted by the applicants. They informed the Court that an armed clash had taken place on 13 and 14 May 1994 in the vicinity of the Dibek village, also attached to the Lice District. According to the Government, four soldiers had been killed during this incident.", "24. In support of their submissions, the Government provided the full case file concerning the investigations into the killings of Kamil Menteşe, Yusuf Bozkuş, Reşit Demirhan and Abdulvahap Maço.", "25. On 15 May 1994 the corpses of Reşit Demirhan, Sabri Akdoğan and Hasan Bayram were found in the vicinity of the Yolçatı village. These corpses were brought to the Lice Health Clinic by the villagers. After the bodies were officially identified, post-mortem examinations were carried out on the bodies by a doctor together with the Lice public prosecutor. The doctor perceived that rigor mortis had set in and bruising had appeared on the body of Reşit Demirhan. He noted the presence of\n- a bullet entry hole under the right eye and a bullet exit hole measuring 5 x 6 cm. in the occipital area, which had cracked the skull and caused heavy damage to the brain;\n- a bullet entry hole on the left side of the chest and an exit hole on the fourth vertebra, measuring 5 x 3 cm, which had caused damage to the spine;\n- a bullet entry hole on the lower right side of the abdomen and a bullet exit hole, measuring 2 x 2 cm. on the right side of the thigh;\n- a bullet entry hole on the front exterior side of the left arm and a bullet exit hole on the interior side of the left arm;\n- a bullet entry hole on the front part of the left arm and a bullet exit hole in the palm of the left hand; and\n- scars possibly caused by gunshot wounds on some parts of the body.\nNo other signs were observed on the body. As the cause of death was found to be the destruction of the brain by gun shots, it was decided not to carry out a classical autopsy on the body.", "26. On 16 May 1994 the villagers found the body of Abdulvahap Maço near the village of Yolçatı. The body was brought to the Lice Health Clinic. Together with the Lice public prosecutor, the doctor conducted a post mortem examination. In the report, it was noted that rigor mortis had set in and bruising had appeared on the body. The doctor also found\n- a bullet entry hole above the left eyebrow and a bullet exit hole in the occipital region measuring 6 x 10 cm., as a result of which the skull had been shattered and the brain heavily damaged;\n- two adjacent bullet entry holes on the left side of the neck;\n- two adjacent bullet exit holes on the right side of the neck, under the chin;\n- a bullet entry hole on the left leg and a bullet exit hole in the calf measuring 2 x 8 cm;\n- two wounds, one on the back of the right ankle measuring 4 x 2 cm. and another on the front part of the ankle measuring 3 x 4 cm, possibly caused by bullets;\n- a fractured tibia; and\n- a bullet entry hole on the right calf and a bullet exit hole above the right knee, causing a wound measuring 10 cm., which had damaged tissue and fractured the lower part of the femur.\nNo other signs were observed on the body. As the cause of death was found to be the destruction of the brain by gun shots, it was decided not to carry out a classical autopsy on the body of Abdulvahap Maço.", "27. On 17 May 1994 the bodies of Yusuf Bozkuş and Kamil Menteşe were also found by the villagers near the mountains in the vicinity of the Yolçatı village, and were brought to the Lice Health Clinic. The body of Kamil Menteşe was identified by his father Abdullah Menteşe and the body of Yusuf Bozkuş was identified by his brother. The doctor conducted post-mortem examinations in the presence of the Lice Public Prosecutor.\nIn the report on the body of Yusuf Bozkuş, it was noted that rigor mortis had set in and bruising had appeared on the body. The doctor also found\n- a bullet entry hole in the chin, and a bullet exit hole, measuring 10 x 15 cm. which had caused heavy damage to the brain; and\n- three bullet entry holes in the left collar bone area, the right collar bone area and the right side of the neck, and three bullet exit holes, two in the shoulder blade area and one under the left underarm.\nNo other signs were observed on the body.\nIn the report on the body of Kamil Menteşe, it was noted that rigor mortis had set in and bruising had appeared on the body. The doctor also found\n- a bullet entry hole in the neck and a bullet exit hole above the right shoulder blade;\n- a bullet entry hole in between the shoulder blades, and a bullet exit hole in the front part of the right underarm, measuring 2 x 3 cm;\n- a lateral wound measuring 10 cm. in the femur area which had been caused by a sharp object;\n- a wound which had been caused by a sharp object, measuring 8 x 3 cm on the right biceps;\n- two further wounds on the right arm, caused by a sharp object;\n- a bullet entry hole on the lower interior part of the left knee and a bullet exit hole on the exterior part of the knee, measuring 4 x 5 cm;\n- scars due to gun shots on the left leg; and\n- the right ear of the deceased was missing for unknown reasons given the one week delay in the autopsy.\nAs the doctor had found that both Yusuf Bozkuş and Kamil Menteşe had died from gunshot wounds, he did not deem it necessary to perform a classical autopsy on the bodies.", "28. The Government maintained that investigations were initiated to find the perpetrators of these killings. In this respect, they referred to the correspondence between the Lice public prosecutor and the Lice Gendarmerie Command. Copies of several letters, written by the prosecutor to the gendarme commander, asking the commander to conduct an investigation into the killings of Kamil Menteşe, Yusuf Bozkuş, Reşit Demirhan and Abdulvahap Maço were submitted to Court. The gendarme commander also sent regular reports to the prosecutor indicating that it had not been possible to locate or identify the perpetrators.", "29. On 28 December 1998 the Lice public prosecutor took statements from two villagers, Mehmet Baltan and Ahmet Baltan, in connection with the killings of Kamil Menteşe and Yusuf Bozkus. In his statement, Mehmet Baltan explained that he did not know Yusuf Bozkuş or Kamil Menteşe but he had heard that someone from the Yolçatı village had been abducted and killed in May 1994. When interrogated about the killing of Yusuf Bozkuş and Kamil Menteşe, the second witness, Ahmet Baltan, explained that he had known Kamil and Yusuf. He also knew that these two villagers were found dead. However he had no knowledge as to who might have killed them.", "30. On 31 January 2000 the Lice public prosecutor concluded that it had not been possible to establish the identities of the perpetrators of the killings of Kamil Menteşe, Yusuf Bozkus, Reşit Demirhan and Abdulvahap Maço. He accordingly decided to issue a continuous search warrant for the perpetrators of the killings, which would remain valid for twenty years, the statutory time limit under Article 102 of the Criminal Code. The prosecutor also instructed the authorities to continue pursuing a meticulous search for the perpetrators.", "31. Subsequently on 16 September 2001, 23 March 2002, 4 September 2002, 10 September 2002, 20 December 2002 and 4 March 2003, gendarme officers attached to the Lice Gendarme Command went to the Yolçatı village for onsite inspections. In their respective reports, they stated that there was no new evidence concerning the incidents, and that the identities of the perpetrators could not have been established." ]

[ 0 ]

[ "10. The applicant was born in 1968 and lives in Plovdiv.", "11. On 14 August 1992 the applicant bought a car from a Mr I.G.", "12. On 14 September 1992 the car was impounded by the police who explained to the applicant that it had been stolen. On 17 September 1992 the applicant requested the return of the car but received no reply.", "13. On 30 September 1992 a criminal investigation was opened by the Plovdiv District Prosecutor's Office against a Mr N.P. for forgery of customs' declarations for the importation of cars, one of which was the applicant's. The prosecutor in charge of the case ordered that the car be held as a piece of evidence.", "14. In October and November 1992 the applicant four times requested from the prosecution authorities the return of his car, but received no reply.", "15. On 30 November 1992 the car was handed over to the Plovdiv Customs Administration by order of the Plovdiv District Prosecutor's Office. On 29 January 1993 the head of the Plovdiv Customs Administration made a penal order whereby he confiscated the car on the ground that it had been illegally imported into the country.", "16. The applicant appealed against the penal order to the Plovdiv District Court. In a judgment of 28 July 1993 that court quashed the order and on 18 August 1993 the car was returned to the applicant.", "17. On 22 November 1993 the applicant brought an action for damages against the Plovdiv Customs Administration and the Chief Prosecutor's Office, complaining that the impounding of his car and the unlawful order for its confiscation had prevented him from using it during a period of eleven months.", "18. Noting that the applicant had failed to adduce written evidence in support of his allegations, the Plovdiv District Court instructed him to do so within seven days. The applicant complied with these instructions and the court set the case down for hearing.", "19. The first hearing took place on 24 March 1994. The court noted the absence of a representative of one of the defendants, the Chief Prosecutor's Office, and ordered that it be summoned for the next hearing. The applicant's lawyer requested the court to subpoena as a witness the prosecutor who had ordered the car to be handed over to the Customs Administration. The court rejected the request by an order of 28 March 1994, holding that the prosecutor's actions could be proved through the official documents he had made and that his testimony would therefore be superfluous.", "20. The second hearing was held on 13 June 1994. No representative of the Chief Prosecutor's Office appeared but a prosecutor was present in his capacity of “special party” to the proceedings. The “special party” prosecutor requested that the proceedings be stayed in order to take into account the pending criminal investigation against Mr N.P., as it related to the same car. In particular, there was information that the number on the engine and on the chassis of the car had been forged and that it had been illegally imported. The applicant's lawyer agreed and requested that the actions against the Chief Prosecutor's Office and against the Customs Administration be severed. The court refused to sever the actions and acceded to the request for staying the proceedings, finding that there existed criminal elements the determination of which was decisive for the outcome of the civil dispute before it, within the meaning of Article 182 § 1 (d) of the Code of Civil Procedure (“the CCP”).", "21. On 20 June 1994 the applicant appealed against the order for staying the proceedings to the Plovdiv Regional Court. He argued that the outcome of the criminal investigation had nothing to do with the civil proceedings. Moreover, there were no criminal elements whose determination was decisive for the outcome of the civil dispute, as the prosecution authorities had transmitted the car to the customs authorities, thus excluding it from the evidence in the criminal investigation. The appeal was filed with the Plovdiv District Court. Noting that the applicant had not paid the requisite fee, the Plovdiv District Court refused to proceed with the appeal, instructing the applicant to pay the fee. The applicant did so and on 26 July 1994, after the Customs Administration had filed its answer, the Plovdiv District Court forwarded the appeal to the Plovdiv Regional Court. In a final order of 26 September 1994 the Plovdiv Regional Court dismissed the appeal, confirming the lower court's holding that there existed criminal elements whose determination was decisive for the outcome of the civil dispute, within the meaning of Article 182 § 1 (d) of the CCP. In particular, the car bought by the applicant had been impounded as a piece of evidence. The fact that later it had later been delivered to the customs authorities did not change that. Nor was it significant that the criminal proceedings were against a third party and that the penal order against the applicant had been quashed, because the applicant could still suffer the negative consequences of the criminal proceedings, e.g. the forfeiture of the car.", "22. On 21 December 1995 the applicant's lawyer requested the Plovdiv District Court to resume the proceedings. In view of the request, on 27 December 1995 the court sent a letter to the Plovdiv Regional Investigation Service, asking whether the criminal investigation against Mr N.P. had been completed. The Investigation Service informed the court that the proceedings were still pending.", "23. In the following years the Plovdiv District Court made several inquiries about the stage reached in the investigation against Mr N.P. By letters of 27 February 1996, 22 September 1997, 1 October 1998 and 27 November 2000 the Plovdiv Regional Investigation Service informed the court that the criminal proceedings were still pending, without specifying whether it was undertaking any investigative actions.", "24. Following a further inquiry by the court, the Plovdiv Regional Investigation Service notified it by a letter of 13 August 2001 that the case had been sent to the Plovdiv District Prosecutor's Office on 6 July 2001. Taking into consideration that the investigation was still pending, by an order of 20 August 2001 the Plovdiv District Court refused to resume the proceedings. It seems that there was no activity during the period between 1995‑2001 in the criminal investigation against Mr N.P.", "25. On 26 November 2001 the Plovdiv District Prosecutor's Office discontinued the criminal proceedings against Mr N.P.", "26. The Plovdiv District Court then resumed the proceedings and held a hearing on 28 March 2002. The applicant requested a change in the names of the defendants, as during the time when the proceedings had been stayed the Chief Prosecutor's Office had been renamed the Prosecutor's Office of the Republic of Bulgaria and the Plovdiv Customs Administration had become the Customs Agency at the Ministry of Finance. The applicant also increased the amount of his claim for damages and requested leave to call one witness. The defendant Prosecutor's Office requested the court to include the case-file of the investigation against Mr N.P. in the record. The court acceded to all of the parties' requests and adjourned the case.", "27. Three hearings listed for 7 and 21 May and 4 June 2002 did not take place because the Customs Agency had not been duly summoned.", "28. A hearing listed for 2 July 2002 failed to take place because the Customs Agency, despite being duly summoned, did not send a representative. Its counsel requested the court in writing to adjourn the case because he was ill and could not attend.", "29. The court held a hearing on 10 September 2002. The applicant and his lawyer did not appear. The court found that the case was ready for adjudication and reserved judgment.", "30. On 13 September 2002 the applicant's lawyer requested the court to reopen the oral proceedings, as he had been unable to organise his defence prior to the 10 September 2002 hearing because between 15 August and 10 September 2002 the case‑file had been sent to the Ministry of Justice in Sofia and he could not therefore prepare for the hearing. The court acceded to his request and scheduled a hearing for 22 October 2002.", "31. The last hearing before the Plovdiv District Court was held on 22 October 2002. The court heard the applicant's witness and the parties' closing arguments.", "32. In a judgment of 28 November 2002 the Plovdiv District Court partly allowed the applicant's claim for damages against the Customs Agency, awarding him 1,000 Bulgarian levs, and dismissed his claim against the Prosecutor's Office.", "33. On 12 December 2002 the applicant appealed against the judgment to the Plovdiv Regional Court.", "34. The Plovdiv Regional Court held a hearing on 3 June 2003. The applicant and the Customs Agency did not appear. The Prosecutor's Office requested the court to include in the record the case‑file of the administrative case in which the Plovdiv District Court had quashed the penal order for the confiscation of the applicant's car. The court granted the request and adjourned the case until 23 October 2003.", "35. A hearing took place on 23 October 2003. The case‑file of the administrative case was not produced, because it had already been destroyed in the court's archive. The court adjourned the case until 27 January 2004.", "36. On 18 December 2003 (date of the latest information from the parties) the proceedings were still pending before the Plovdiv Regional Court." ]

[ 3 ]

[ "7. The applicant was born in 1935 and lives in Dubrovnik.", "8. On 13 August 1992 the Croatian Military Police requisitioned the applicant's vehicle for use by the Croatian Army.", "9. By a letter of 1 August 1996 the Dubrovnik Defence Office (Ured za obranu Dubrovnik) informed the applicant that the vehicle had been damaged beyond repair.", "10. On 26 May 1998 the applicant instituted civil proceedings in the Dubrovnik Municipal Court (Općinski sud u Dubrovniku) seeking compensation for the loss of his vehicle from the State.", "11. On 6 November 1999 Parliament introduced amendments to the Civil Obligations Act (“the 1999 Amendments”). The amended legislation provided that all actions for damages against the State for the acts of members of the Croatian Army and the police in the performance of their official duties during the Homeland War in Croatia were to be stayed.", "12. On 2 May 2000 the Dubrovnik Municipal Court stayed the proceedings pursuant to the above legislation.", "13. On 1 September 2000 the Dubrovnik County Court (Županijski sud u Dubrovniku) dismissed the applicant's appeal against that decision.", "14. On 21 May 2003 the applicant lodged a motion with the Constitutional Court (Ustavni sud Republike Hrvatske) seeking a review of the constitutionality of the 1999 Amendments. These proceedings are still pending.", "15. On 14 July 2003 Parliament passed new legislation on the liability of the State for damage caused by members of the Croatian Army and police in the performance of their official duties during the Homeland War (“the 2003 Liability Act”).", "16. In 2004 the applicant's proceedings resumed pursuant to the above legislation. The proceedings are still pending." ]

[ 3 ]

[ "5. The applicant is a Ukrainian national, who was born in 1919 in Russia, and lives in Bakhchisaray (Crimea).", "6. The facts of the case, as submitted by the parties, may be summarised as follows.", "7. On 8 October 1991 the Sudak City Court ordered the Automobile and Agricultural Machine Building Ministry of the USSR (the “Ministry”) to pay the applicant 20,500 Soviet roubles (excluding taxes) for the use of his invention and to cover court fees incurred by him.", "8. On 9 December 1991 the Ministry paid the applicant 18,140 Soviet roubles for his invention which was covered by a patent. The sum paid to the applicant was transferred to him through the Savings Bank of the USSR. On 20 January 1992 17,414.40 Soviet roubles were paid to the applicant's bank account at the Bakhchisaray branch of the Savings Bank of Ukraine (the “Bank”).", "9. This sum was indexed in 1996 on the basis of the Recovery of Citizens' Savings (State Guarantees) Act of 2 January 1992, and the applicant's deposit with the Savings Bank (account no. 42) eventually amounted to UAH 18,284.70[1].", "10. In February 1998 the applicant instituted administrative proceedings in the Bakhchisaray City Court against the Bank and its director complaining of their unlawful refusal to release his deposits from accounts nos. 42 and 4692. On 16 March 1998 the Bakhchisaray City Court rejected his claims as unsubstantiated. On 20 April 1998 the Supreme Court of the Crimea quashed this decision and remitted the case for a fresh consideration.", "11. On 15 June 1998 the Bakhchisaray City Court ordered the Bank to pay the applicant UAH 18,284.70 from his account no. 42. It also held that UAH 977.20 had to be paid to the applicant from his account no. 4692. On 27 July 1998 the Supreme Court of Crimea quashed this decision and remitted the case for a fresh consideration. In particular, it held that a property dispute, such as in the instant case, had to be dealt with in contentious, not administrative, proceedings.", "12. In October 1999 the applicant instituted contentious proceedings in the Bakhchisaray City Court against the Bank seeking recovery of the sum held by it. In particular, the applicant claimed that this sum was not a deposit but a payment for his invention that had been transferred by cable from Moscow to the Bank and never given to him.", "13. On 29 November 1999 the applicant lodged a claim (new contentious proceedings) with the Bakhchisaray City Court against the Bank seeking to recover the sum of UAH 18,284.70 from it.", "14. On 6 December 1999 the Bakhchisaray City Court refused to consider the applicant's complaint lodged against the Bank and its director on account of the recently initiated contentious proceedings concerning the recovery of the applicant's deposit with the Savings Bank pending before the same court.", "15. On 30 November 1999 the court adjourned the hearing in the case to 28 January 2000 and then to 25 February 2000 in view of a business trip by the judge.", "16. On 25 February 2000 the court rejected the applicant's claims. On 10 April 2000 the Supreme Court of Crimea quashed this judgment and remitted the case for a fresh consideration.", "17. On 22 May 2000 the case file was remitted to Bakhchisaray Court. The hearing was scheduled for 10 July 2000.", "18. On 9 October 2000 the hearing was adjourned to 15 January 2001 due to the failure of the defendant to attend.", "19. On 15 January 2001 the Bakhchisaray City Court allowed the applicant's claims and ordered the Bank to pay him UAH 18,284.70 since this sum was not an “indexed” deposit with the State Savings Bank. As to the Savings Bank “indexed” deposit on his account no. 4692, the court held that the applicant had not sought to recover that sum.", "20. On 6 April 2001 the Presidium of the Supreme Court of Crimea quashed the decision of 15 January 2001 upon a “protest” (протест в порядку нагляду) lodged with it by the President of the Supreme Court of Crimea. It also rejected the applicant's claims for the recovery of UAH 18,284.70 as unsubstantiated." ]

[ 3, 9 ]

[ "7. The applicant was born in 1953 and lives in Kaliningrad.", "8. On 21 July 1998 the investigating authorities of the District Department of Internal Affairs of Kaliningrad opened a criminal investigation based on a complaint by Mr. S who alleged that the applicant had shot at his windows with a hunting rifle in revenge for an unpaid debt. Following Mr. S’s second complaint on 14 August 1998 concerning a similar incident, a second investigation was opened and joined with the first.", "9. It appears that these investigations led to the applicant’s arrest on 21 September 1998. Following interrogations, he was detained on 22 September 1998 under suspicion of having committed a crime under Sections 167 § 2 and 213 § 3 of the Criminal Code of the Russian Federation which concerns intentional destruction of, or damage to, property and hooliganism and which carries a sentence of up to seven years’ imprisonment.", "10. The following day, 23 September 1998, the applicant was released under his written undertaking not to leave the town as a measure of restraint.", "11. On 1 December 1998 the prosecution authorities forwarded the case-file and an indictment to the Moskovskiy District Court of Kaliningrad for examination and trial. However, on 24 March 1999 the court remitted the case for further investigations. During these subsequent investigations the authorities issued, on 7 July 1999, an arrest warrant against the applicant as he had on a number of occasions failed to attend for interrogation. The applicant was arrested on 27 July 1999 and remained in detention until 1 October 1999 when the District Court ordered his release, finding the alleged risk of the applicant absconding unsubstantiated.", "12. In the meantime, on 2 August 1999, the resumed investigations had been brought to an end and the case-file sent, once more, to the District Court for adjudication. However, on 30 September 1999 the District Court ordered further investigation to be carried out. In the course of this investigation, on 4 April 2000, the authorities anew ordered the applicant’s arrest and detention on the basis that the applicant had changed his residence, failed to appear for interrogations and hampered the proceedings. On 17 April 2000 an arrest warrant was issued and on 26 July 2000 the applicant was arrested and detained on remand in the Remand Centre IZ‑39/1 of Kaliningrad.", "13. According to the report issued by the Chief Prison Directorate of the Ministry of Justice, submitted by the Government, the applicant stayed at the Remand Centre IZ-39/1 from 26 July 2000 until 7 March 2001 and from 16 May 2001 until 18 July 2001. He was kept in six different cells described as follows: cell no. 67 (21 m² of surface, 10 bunks, the sanitary conditions satisfactory); cell no. 97 (7.8 m² of surface, 6 bunks, the sanitary conditions satisfactory); cell no. 135 (25.1 m² of surface, 10 bunks, the sanitary conditions satisfactory); cell nos. 4/16, 4/8, 4/21 (13.8 m² of surface for each cell, 8 bunks, the sanitary conditions of each of the cells satisfactory). It appears from the report that the sanitary and technical conditions of the cells in which the applicant was held were monitored on a regular basis.", "14. In accordance with Section 17 § 1.11 of the Federal Law on detention the applicant was allowed daily walks for not less than one hour.", "15. According to a letter from the Head of the Medical Department of the Prison Directorate for the Kaliningrad Region, submitted by the Government, the applicant was on admission to the remand centre examined by the general practitioner, the dermatologist, the venerologist and the psychiatrist who found his health to be satisfactory. In the course of a check-up two days after his arrival, on 28 July 2000, post-tuberculosis changes in the upper lobe of the right lung were detected. During the detention the applicant did not make requests for medical assistance, no diseases were detected in the course of routine examination and his state of health was considered to be satisfactory.", "16. Without disputing the size of the cells the applicant submitted that these were dirty and infected with cockroaches, bed-bugs and lice. The weekly inspection did nothing to remedy that. The cells were overcrowded, leaving about 1 square metre of surface per person. The detainees were obliged to sleep in turns and the applicant could wash only every 10 days. The windows were covered with steel shutters and let in very little light.", "17. As indicated above the applicant was arrested and detained on 26 July 2000.", "18. On 30 July 2000 the applicant lodged an application with the Moskovskiy District Court of Kaliningrad complaining about the unlawfulness of the arrest, under Section 220-2 of the Code of Criminal Procedure of the RSFSR. The application was remitted for review to the Tsentralniy District Court of Kaliningrad being the place of the applicant’s detention.", "19. On 25 August 2000 the Tsentralniy District Court of Kaliningrad, for its part, forwarded the application for release from detention under Section 220-2 of the Code of Criminal Procedure, without examining it, to the Moskovskiy District Court for a ruling on a measure of restraint under Section 223 of the Code of Criminal Procedure of the RSFSR.", "20. On 4 September 2000 the Moskovskiy District Court of Kaliningrad decided to remit the applicant’s complaint of 30 July 2000 about the unlawfulness and invalidity of detention for review to the judge of the Moskovskiy District Court of Kaliningrad who conducted the proceedings in the case.", "21. On 21 November 2000 the Criminal Chamber of the Kaliningrad Regional Court dismissed the applicant’s appeal against the ruling of the Moskovskiy District Court of Kaliningrad of 4 September 2000.", "22. On 15 December 2000 the Moskovskiy District Court of Kaliningrad rejected the applicant’s application of 30 July 2000 for release pending trial.", "23. On 19 August 2002 a Deputy President of the Supreme Court made an application for supervisory review of the decisions of the Moskovskiy District Court of 4 September and 15 December 2000. The Deputy President alleged that these decisions had been unlawful as far as they had effectively deprived the applicant of his right to obtain a judicial review of his detention.", "24. On 16 September 2002 the Presidium of the Kaliningrad Regional Court granted the application. It set aside the decisions of the Moskovskiy District Court of 4 September and 15 December 2000 and ordered a fresh examination of the applicant’s application for release. It appears that the applicant did not pursue the case following which the proceedings were terminated.", "25. On 21 August 2000, following the completion of the investigation ordered by the District Court on 30 September 1999 (see § 12 above), the public prosecutor prepared the indictment and submitted the case to the District Court for adjudication. The indictment referred to Sections 330 § 2 and 213 § 3 of the Criminal Code. On 4 September 2000 the court decided that the applicant should be given time to study the case-file and set the trial to commence on 9 October 2000. Due to the seriousness of the charges against the applicant the court appointed a defence counsel. It appears that the applicant refused the appointment of eight different defence counsels and eventually the court decided to entrust the applicant’s defence to Mr M. as the applicant had not suggested any other lawyers. During the trial, on 12 October 2000, the applicant requested that he be represented by his mother and his sister. On 13 October 2000 the court rejected the applicant’s request referring in particular to the fact that the case was complex and that therefore special legal knowledge and professional experience, which his mother and sister did not have, were required. A subsequent request of 19 November 2000 to be represented by his relatives was likewise rejected.", "26. By judgment of 25 December 2000 the Moskovskiy District Court found the applicant guilty of the charges against him and sentenced him to six years’ imprisonment. The applicant appealed against the judgment, complaining also that he had not been allowed to choose his legal assistance.", "27. On 27 February 2001 the Kaliningrad Regional Court upheld the judgment. On 28 February 2002 the Presidium of the Kaliningrad Regional Court lowered the sentence to four years’ imprisonment.", "28. On an unspecified date the applicant filed a supervisory complaint in order to review the domestic courts’ judgment in his case. On 6 May 2004 the judicial panel on criminal cases of the Supreme Court rendered its judgment which in part found in the applicant’s favour. The Supreme Court quashed the domestic courts’ judgments in so far as they related to the conviction under Section 213 § 3 of the Criminal Code, whereas the remainder of the conviction was upheld. The applicant has been released from prison having served the sentence related to the remaining conviction." ]

[ 1, 2 ]

[ "11. The applicants were born in 1961, 1964, 1966, 1966, 1961 and 1972 respectively and live in İzmir.", "12. On 30 June 1995 twenty-five people, including the applicants, gathered outside the Yenişehir Meslek Lisesi secondary school. The first applicant, İsmail Karademirci, who was the president of the Health Workers' Union (Tüm Sağlık Sen), read out a statement signed by the İzmir branches of that union and of the Education Union (Eğitim Sen) denouncing the ill-treatment of pupils from the İzmir Atatürk Sağlık Meslek Lisesi secondary school. The group remained outside the school for twenty-five minutes before dispersing.", "13. The statement reads as follows:\n“To the press and the general public\nThe pressure put on pupils by the authorities at the İzmir Atatürk Sağlık Lisesi secondary school has resulted in Vesile Bayram receiving a beating. The pupils reacted by protesting against the school authorities because of the pressure they were under. In an initial attempt to calm down the pupils, whose reaction was justified, the authorities held a meeting with them. However, they reneged on a promise to open an inquiry into the actions of one of the teachers, E.S., who, moreover, was provided with a forensic report.\nThe pressure continues in the form of a lengthy (one year) suspension of nine pupils, and the deduction of eight marks from their marks for behaviour.\nAlthough officially pupils in the school are not subjected to beatings or academic pressure, the administrators are despots.\nWe strongly condemn the administrators and teachers, who are responsible for such pressure.\nWe call for the withdrawal of the penalties imposed on the nine pupils.\nWe call for an investigation into the conduct of the teacher who administered the beating.\nWe will not be intimidated by pressure.\nWe reject reactionary and oppressive education.\nThe pupils are not alone.\nSociety should not remain silent.”", "14. By an indictment submitted on 23 October 1995, the public prosecutor instituted criminal proceedings against twenty-five leaders and members of the Health Workers' Union and the Education Union for making a “statement to the press” (basın açıklaması) without complying with the statutory requirement to obtain a receipt from the public prosecutor's office confirming that they had filed a copy of the statement with it. The public prosecutor relied in particular on sections 44 and 82 of the Associations Act (Law no. 2908 of 6 October 1983).", "15. In a judgment of 13 February 1996, the İzmir Criminal Court found the applicants and nine other co-defendants guilty as charged and sentenced them to three months' imprisonment under the provisions relied on by the public prosecutor. The prison sentence was commuted to a suspended fine of 450,000 Turkish liras (7 United States dollars).", "16. The Criminal Court held that the constitutive elements of the offence had been made out in that, firstly, the trade unions had not passed a resolution authorising a statement to be made to the press and, secondly, the accused were present when the statement was read out in public. The other co-defendants were acquitted on the ground that they were not present when the statement was read out.", "17. The applicants appealed to the Court of Cassation against that judgment. In their written submissions, they alleged that their convictions violated their right to freedom of expression and, in particular, that “a statement to the press” could not be classified as a “leaflet” or “written statement” within the meaning of section 44 of the Associations Act.", "18. In a judgment of 11 October 1996, the Court of Cassation upheld the judgment at first instance, holding that it complied with the law and the rules of procedure. The applicants did not receive a full copy of the judgment.", "19. On 12 November 1996 the judgment of 11 October 1996 was placed in the file of the İzmir Criminal Court. The sixth applicant, Ms S.T., obtained a copy of it on 25 December 1996." ]

[ 6 ]

[ "10. The applicant was born in 1974. On 30 November 1998 he applied for asylum in Sweden. He claimed mainly that he was sought by the Iranian authorities as he had had a relationship with a married woman whose husband was a mullah. The mullah and his followers had been planning to apprehend him and he had therefore fled his home town. Before leaving Iran, he had been told that a warrant for his arrest had been issued and he also believed that he and the woman had been sentenced to death by stoning.", "11. On 14 April 1999 the National Immigration Board (Statens invandrarverk) rejected the application and ordered that the applicant be expelled to Iran. The Board did not find his allegations plausible and also noted that the evidentiary requirements in cases of adultery were very high in Iran.", "12. The applicant appealed against the decision and claimed that, despite the rules on evidence concerning adultery, he could still be convicted on less evidence for having offended public morals and be sentenced to be lashed. He also stated that he had converted to Christianity on 7 February 1999, for which he could be sentenced to death in Iran.", "13. On 13 November 2000 the Aliens Appeals Board (Utlännings-nämnden) rejected the appeal. It noted that the applicant had not produced any evidence showing that he had had the above-mentioned relationship or that he would be subjected to inhuman treatment on account of it. In regard to his conversion, the Board stated that conversion to Christianity was regarded by the Iranian authorities as a “technical” step to acquire asylum.", "14. On 14 December 2000 the applicant lodged a new application for a residence permit with the Aliens Appeals Board. He submitted two Iranian documents, issued in May or June 1998 and in November 1999, which purportedly contained a summons for him to appear before an Iranian court to answer charges of adultery. Claiming that he would rather commit suicide than return to Iran, the applicant also submitted a medical certificate issued on 5 January 2001 by Mr Lars Odefors and Mr Nahid Mohseni, qualified psychologists, who stated that the applicant showed signs of desperation and expressed suicidal thoughts which should be taken seriously and that he was in need of treatment in a psychiatric ward.", "15. On 16 January 2001, following the Court's indication under Rule 39 of the Rules of Court, the National Migration Board (Migrationsverket; previously the National Immigration Board) stayed the enforcement of the expulsion order.", "16. By a decision of 23 September 2004 the Aliens Appeals Board revoked the expulsion order and granted the applicant a permanent residence permit. While considering that the Iranian documents relied on by the applicant were falsifications and that he could not be regarded as a refugee, the Appeals Board found that there were humanitarian reasons to grant him a residence permit. In this respect, it noted that the new application had been pending for a long time, that the applicant had been residing legally in Sweden since January 2001 and that the validity of its decision of 13 November 2000 to expel him would expire on 13 November 2004." ]

[]

[ "8. The applicant was born in 1947 and is homosexual. In 1994 it was discovered that he was infected with the HIV virus and that he had transmitted the virus to a 19-year-old man with whom he had first had sexual contact in 1990.", "9. In this context, on 1 September 1994 a county medical officer (smittskyddsläkaren) issued the following instructions to the applicant pursuant to the 1988 Infectious Diseases Act (smittskyddslagen – “the 1988 Act”).\n“[The applicant] is not allowed to have sexual intercourse without first informing his partner about his HIV infection. He is required to use a condom. He is to abstain from consuming such an amount of alcohol that his judgment would thereby be impaired and others put at risk of being infected with HIV. If the applicant is to have a physical examination, an operation, a vaccination or a blood test or is bleeding for any reason, he must tell the relevant medical staff about his infection. He must also tell his dentist [about it]. Moreover, the applicant is prohibited from giving blood and donating organs or sperm. Finally, he is to visit his consulting physician again and to keep appointments fixed by the county medical officer.”\nIt appears to be in dispute whether the instructions were included in the applicant's medical record as prescribed by section 16 of the 1988 Act. It is not in dispute, however, that the applicant was informed of the instructions, which were issued to him on 1 September 1994, both orally and in writing.", "10. The applicant kept three appointments with the county medical officer in September 1994 and one in November 1994. He also received two home visits by the county medical officer. He failed to appear as summoned five times during October and November 1994.", "11. On 2 February 1995 the county medical officer petitioned the County Administrative Court (länsrätten) for a court order that the applicant be kept in compulsory isolation in a hospital for up to three months pursuant to section 38 of the 1988 Act.\nThe court's record of the applicant's statement reads, inter alia, as follows:\n“After learning about his HIV infection he had hardly had any sexual relationships. Henceforward he would only have sexual relations with other HIV infected persons. The applicant did not wish to visit the county medical officer or a psychiatrist, but finding his communication with his consulting physician satisfactory he intended to pay the latter monthly visits.”\nThe county medical officer stated, among other things:\n“[The applicant] may not be sexually active at present, but experience has shown that when the opportunity arises he is likely to have sexual relations, preferably with younger men and without thinking of the consequences. [The applicant] refuses to face his situation, does not want to change his conduct and distorts reality in such a way that he is never to blame for anything. In order for [the applicant's] behaviour to change it is necessary for him to consult a psychiatrist. Having regard to his [resistance thereto], the risk of him spreading the disease is obvious.”", "12. A statement of 16 February 1995 was submitted to the County Administrative Court by a deputy chief physician and specialist in psychiatry, S.A., who had met the applicant twice in a psychiatric ward at an infection clinic. He found, inter alia:\n“Having learnt that he was HIV-positive, the applicant reacted with a high level of anxiety, which he attempted to alleviate with alcohol. He has maintained that he drinks three strong beers at night in order to be able to sleep. He has had periods of extensive [alcohol] abuse as a consequence of learning that he was infected with HIV but also when he lost his job. [The applicant's] lack of social contact and his feeling of being an outsider, in combination with possible alcohol abuse, could increase the risk of destructive sexual relations.”", "13. In a judgment of 16 February 1995, finding that the applicant had failed to comply with the measures prescribed by the county medical officer, aimed at preventing him from spreading the HIV infection, the County Administrative Court ordered that the applicant should be kept in compulsory isolation for up to three months pursuant to section 38 of the 1988 Act.\nThe order took effect immediately, but the applicant failed to report to the hospital; the police accordingly took him there on 16 March 1995.", "14. It appears that the order and others subsequently issued by the County Administrative Court were upheld on appeal by the Administrative Court of Appeal (kammarrätten), so that the applicant's compulsory confinement was repeatedly prolonged by periods of six months at a time.", "15. While being isolated the applicant had the opportunity to go outdoors every day together with members of the hospital staff, but not on his own. Also, he was able to accompany staff members on different activities outside the hospital grounds.\nThe applicant absconded from the hospital several times, first on 25 April 1995. The police, whom he had contacted voluntarily, returned him to the hospital on 11 June 1995. On 27 September 1995 he ran away again and was at large until the police found him on 28 May 1996. The applicant absconded for a third time on 6 November 1996 but returned of his own accord on 16 November 1996. He ran away for the fourth time on 26 February 1997 and was not returned until 26 February 1999.\nDuring the period from 26 February until 2 March 1999 the applicant was detained in his room.", "16. On 14 April 1999 the county medical officer petitioned the County Administrative Court anew for an extension of the applicant's compulsory isolation. According to the record of a hearing held in camera on 20 April 1999, the applicant explained, among other things, the following:\n“... before 1994 he had had ten to twelve sexual relations per year. His partners were partly old acquaintances, partly new ones, whom he met in parks and so on. The boy, who was 15 years old when they met, took the initiative both emotionally and sexually. Today [the applicant] realises that he infected the boy, which he finds very regrettable. A relative with psychiatric problems, with whom [the applicant] had had a longer sexual relationship, was likewise the initiator. While he was on the run from [26 February] 1997 until [26 February] 1999, he had had no sexual relations. He had taken precautions against spreading the disease and, having had to visit physicians twice during his period at large, on both occasions he had informed them about his HIV infection. Mostly he had kept to himself. From October 1997 until June 1998 and from August 1998 until February 1999, he had lived at a farm hostel and, during the periods in between, when the hostel was full, he had camped. He had spent his time shopping, cooking, watching TV, spending money on lottery games and drinking beer. He had drunk approximately six strong beers a week and never got drunk. He dreamt of living on his own in a flat, supporting himself on sickness benefit. He had lost all sexual desire and would in future have to decline all sexual relations. If he were to be exempted from compulsory isolation he would follow the instructions issued by the county medical officer.”", "17. The owner of the farm hostel gave evidence on the applicant's behalf. The record of his statement reads, inter alia, as follows:\n“[The applicant], under a pseudonym, had stayed at his farm hostel from October 1997 until June 1998 and from August 1998 until January 1999. [The owner] had talked briefly with him almost every day during those periods. [The applicant] had not bothered anybody and had not formed any personal relationships. He used to go shopping once a day, usually for beer, and [the witness] would estimate that he had drunk between four and six cans of beer every day ... [The applicant] had gone to Stockholm or Norrköping on a few occasions in order to deal with money matters ... However, in Norrköping he had primarily gone to the liquor store ... [The witness] could hardly imagine that [the applicant] had had any sexual relations while living at the hostel ...”", "18. Also on the applicant's behalf, an opinion was submitted by a chief physician, P.H., on 16 April 1999 regarding the applicant's alcohol consumption. Having examined various laboratory tests performed since 31 July 1995 in order to check the applicant's liver, he found no divergent results. The most recent laboratory test, carried out on 18 March 1999, indicated that the applicant had a healthy liver.\nIt was noted that subsequent to his return the applicant had been in contact with a chief physician and specialist in psychiatry, C.G., who was not connected to the hospital.", "19. A statement was submitted to the court by a consulting psychiatric chief physician, P.N., connected to the special care facility at the hospital to which the applicant had been admitted. After the applicant's involuntary return, P.N. had attempted to establish contact with him three times, but in vain. He claimed that on the latest occasion, in March 1999, the applicant had made a lunge at him. In P.N.'s view, the applicant had not made any positive progress since 10 October 1996, the date of P.N.'s most recent official opinion regarding the applicant's condition, in which he had, inter alia, made the following assessment:\n“The applicant suffers from a paranoid personality disorder and from alcohol abuse. He is considered to be completely devoid of any sense of being ill and also lacks awareness. The combination of a sexual leaning towards younger men and a possible alcohol-related neuro-psychological functional impairment with, from time to time, a probably paranoid personality disorder, close to psychosis, and previous dangerous behaviour from the infection-spreading viewpoint, is deemed unfavourable. The chances of eliminating or limiting the continuous risk of the infection being spread by means of a prolonged placement in isolation in accordance with the Act are deemed – all facts considered – to have not yet completely vanished.”", "20. Also submitted was a statement of 8 April 1999 by B.S., a psychologist at the special care facility at the hospital who had met the applicant once. B.S. found that the applicant was intellectually above average and that he appeared immature and fragile and showed signs of being suspicious and distrustful.", "21. The statement of the county medical officer, who gave evidence before the court, is recorded, inter alia, as follows:\n“During the last two years when he was on the run, [the applicant] sought medical treatment twice and it has been established that both times he said that he had the HIV virus [as opposed to the period when he absconded between September 1995 and May 1996, during which he failed three times to inform medical staff about his condition]. Moreover, [the applicant] has [finally] accepted that he infected the young man with whom he had a long-lasting relationship from the beginning of the 1990s, thus admitting that it was not the other way around. Also, he has agreed to sign a treatment plan and to consult two physicians of his own choice ... These circumstances suggest the beginning of an improvement in [the applicant's] attitude towards treatment. Nevertheless, it has not been established that [the applicant] has materially changed his attitude regarding the risk that he may spread the disease. He continues to show himself unable to accept the aid and support measures he is entitled to receive; he has refused to consult the psychiatrist P.N. and the psychologist B.S. Moreover, having been in touch with the physicians whom [the applicant] has [recently] contacted voluntarily [P.H. and C.G.], the county medical officer considers that these consultations were partly economically motivated [on account of the fact that the applicant needed medical certificates in order to continue to receive sickness benefit], partly motivated by his wish to be declared mentally healthy, but [not motivated] by any willingness to commence treatment. During [the applicant's] contact with the doctors in question, they did not discuss the risk of spreading the disease at all. A treatment plan was not formally signed [by the applicant]. In conclusion, in the county medical officer's opinion, [if released the applicant] will not voluntarily comply with the instructions given or limit the spreading of the disease.”\nAs regards the laboratory tests concerning the applicant's liver, the county medical officer found these to be of doubtful value, since they had been performed in connection with the compulsory isolation of the applicant at the hospital, but never in connection with a period of intoxication.", "22. On 23 April 1999 the County Administrative Court delivered its judgment, finding against the applicant for the following reasons:\n“[The applicant] is HIV-positive and thus carries the HIV infection. He has been subjected to compulsory isolation since February 1995 and has during this period absconded from the hospital on several occasions – on the latest occasion for more than two years. During these two years he did not have any contact with the county medical officer or the consulting physician. Periodically he has used a false name and has been living a very secluded life, obviously owing to the risk of being discovered. A life at liberty makes great demands upon the person carrying the infection. During the time preceding his compulsory isolation, [the applicant] was not able to follow the practical instructions issued. Subsequently, he has consistently declined the help offered by the consulting physician and the psychiatrist at the special care facility at the hospital and has instead responded with aversion and mistrust – and by escaping. [The Court] finds that it has been difficult for [the applicant] to accept the information regarding the HIV infection and that he needs help in dealing with this critical situation. It appears from the evidence that [the applicant] still shows aversion to the treatment offered and that he is considered likely to abscond. [The Court] has not been convinced that [the applicant] is not misusing alcohol and finds that, especially in connection with alcohol consumption, [the applicant] is likely to be unable to control his sexual behaviour. Against this background, [the Court] finds that there is good reason to suppose that, if he remains free, [the applicant] will not comply with the practical instructions issued and that this entails a risk of the infection spreading.”", "23. On 12 June 1999 the applicant again absconded, leaving his whereabouts unknown. In the meantime, he had appealed against the above judgment to the Administrative Court of Appeal, before which he relied on an opinion of 14 May 1999 by the aforementioned chief physician and specialist in psychiatry, C.G., which stated, inter alia, the following:\n“The opinions [by other psychiatrists and one psychologist] resulting from previous examinations were fairly unanimous in their conclusion that [the applicant] was a man with a paranoid personality disorder, who misused alcohol. 'Misuse' in psychiatric terms is defined as a maladaptive use of substances ... This diagnosis is to be distinguished from alcohol dependency, which means a compulsive use of alcohol with abstinence and social complications, and is more difficult to master. The diagnosis 'paranoid personality disorder' is defined as a pervading suspiciousness and lack of trust in other people, whose motives are consistently perceived as malicious. It follows from the definition of 'paranoid personality disorder' itself that this is manifest in the patient's personality from the time he or she becomes an adult. Owing to the fact that the person in question perceives the disorder as part of his or her own self, the motivation for change is usually insufficient. It is not correct to talk in terms of lack of awareness of a disease, since it is not considered that a disease is involved but rather a variation in personality, although the latter may well cause complications in relations with other individuals and society. When such complications occur, an individual with a personality disorder may display different symptoms such as depression, anxiety, etc. In [my] interview with [the applicant], the latter was fairly open and talkative. When he talked about experiences from his time at school, he displayed different emotions. He also showed empathy as far as other people from those years were concerned. He was also partly able to shoulder responsibility for his own mistakes, without blaming others. However, he was very rigid in his interpretation of what had occurred in his adult life and particularly the events of recent years after he had been informed that he had the HIV virus in September 1994. His attitude towards the county medical officer and the staff at the infection ward, whom he believed had kept harassing him unjustly, was almost hateful. [The applicant] felt that he had been subjected to persecution between 1994 and 1995. This could possibly be interpreted as a symptom of delusion. From 1996, he had not experienced feelings of persecution, inter alia since he had secured his own liberty. With regard to sexual relations, [the applicant] has stated that he preferred sexual contact with boys around the age of 17. He was not interested in pre-pubescent boys. He had been celibate since 1996 and had no longer any particular sexual desires or fantasies. He was fully aware that he was carrying the HIV virus and was careful to stress that he was not afraid to die. His attitude towards medication against the HIV infection was negative. The reasons for this were that such medication could have side effects and perhaps, above all, because it would entail limitations on his freedom since he would be subjected to various check-ups. [The applicant] spontaneously expressed a wish to have further talks on a voluntary basis. When asked whether such talks could be part of a treatment plan in cooperation with the county medical officer and the staff at the infection ward, he answered 'no', the reason being that he would feel ashamed of himself if he were to give up this fight.”\nIn conclusion, C.G., found that the applicant fulfilled the criteria for a paranoid personality disorder, and that, judging from previous information, the applicant suffered from misuse of alcohol but not from alcohol dependency. According to C.G. the applicant could be described in everyday terms as an odd person, but not as mentally ill. With regard to the risk that the applicant might pass on the HIV infection to other persons, C.G. believed that neither he nor anyone else could do anything but guess. The weightiest indications in this regard, however, ought to be deduced from the applicant's behaviour during the years he had spent at large.", "24. In a judgment of 18 June 1999, the Administrative Court of Appeal found against the applicant. Leave to appeal against the judgment was refused by the Supreme Administrative Court (Regeringsrätten) on 5 October 1999.", "25. Several applications for an extension of the applicant's compulsory isolation were submitted by the county medical officer after June 1999 and granted, until on 12 December 2001 an application was turned down by the County Administrative Court, which referred to the fact that the applicant's whereabouts were unknown and that therefore no information was available regarding his behaviour, state of health and so on.", "26. It appears that since 2002 the applicant's whereabouts have been known, but that the competent county medical officer has made the assessment that there are no grounds for the applicant's further involuntary placement in isolation." ]

[ 2 ]

[ "8. The applicants were born in 1952 and 1959 respectively and live in Izmir.", "9. In 1987 the applicants' daughter, C.Ç., was severely injured in an accident. Her hair was burned and part of her scalp was damaged.", "10. On 24 November 1992 C.Ç. underwent surgery at the Ege University Plastic Surgery Department to repair the damage to her scalp. Prior to the operation, the doctors informed the applicants about the risks involved. Following the operation, the applicants' daughter caught an infection.", "11. On 13 January 1992 the doctors carried out a second operation on C.Ç. following a deterioration of her health. However, her physical appearance did not improve following the operation.", "12. On 24 November 1993 the applicants filed an action with the Izmir Civil Court of First Instance against the doctors who performed the operation and claimed compensation for pecuniary and non-pecuniary loss sustained as a result of medical malpractice.", "13. On 28 December 1993 the Izmir Court of First Instance issued a decision of non-jurisdiction on the ground that it was not competent to examine the acts of civil servants carried out in the exercise of their duties.", "14. On 16 February 1994 the applicants filed an action with the Izmir Administrative Court against the Ege University Medical Department (hereinafter “the defendant”) and claimed compensation for medical malpractice.", "15. On 8 March 1994 the Izmir Administrative Court conducted a preliminary examination of the case file.", "16. On 6 April 1994 the defendant submitted its observations to the court.", "17. On 8 July 1994 the applicants submitted their response.", "18. On 27 January 1995 the Izmir Administrative Court held a hearing and gave an interim decision ordering the defendant to submit all the files concerning the operation performed on the applicants' daughter.", "19. On 20 March 1995 the defendant submitted additional observations.", "20. On 7 April 1995 the defendant submitted thirty-seven documents concerning the operation.", "21. On 7 November 1995 the Izmir Administrative Court appointed three experts to provide a medical opinion on C.Ç's operation. They were given thirty days for submission of their report.", "22. On 23 November 1995 the experts' report was submitted to the court.", "23. On 18 March 1996 the Izmir Administrative Court, relying on the experts' conclusions, found that there was no indication of any negligence on the part of the Medical Department in the treatment given to C.Ç. The court therefore dismissed the applicants' claim for compensation.", "24. On 5 September 1996 the applicants appealed against the judgment of the first-instance court.", "25. On 4 October 1996 the defendant submitted its observations to the Administrative Court.", "26. On 13 November 1996 the case file was sent to the Supreme Administrative Court together with the applicant's appeal and the defendant's response thereto.", "27. On 28 October 1998 the Supreme Administrative Court, without holding a hearing, dismissed the applicants' appeal.", "28. On 3 February 1999 the decision of the Supreme Administrative Court was served on the applicants." ]

[]

[ "8. The applicant was born in 1973 and lives in Pazardjik.", "9. On 19 August 1993 he was arrested, charged with the rape of a minor and remanded in custody. Six other persons were also charged.", "10. According to the indictment, the victim had been abducted by a Mr. A. and had been raped numerous times by several persons, some of whom had paid to Mr A. for having sex with the victim. Mr A. was charged with rape and acting as a procurer of prostitution. According to the applicant, all accused persons and the alleged victim are of Roma origin.", "11. On unspecified dates an investigator interrogated the alleged victim and other accused persons and heard several experts.", "12. In June 1994 the applicant and six other persons were indicted and the case listed for trial.", "13. In September and October 1994 the trial court referred the case to the prosecutor in view of certain deficiencies in the investigation. On 17 February 1995 the applicant was released on bail.", "14. In November 1995 the investigator concluded his work and submitted the file to the prosecutor.", "15. In May 1996 the prosecutor ordered additional investigation. In June 1996 the investigator submitted the case to the prosecutor with the proposal that the applicant should be indicted.", "16. In 1999 the applicant’s lawyer lodged requests with the prosecuting authorities complaining of the length of the criminal proceedings.", "17. On 27 February 2001, noting that the case had remained dormant since June 1996, a prosecutor ordered the resumption of the proceedings and referred the case to an investigator.", "18. On 4 April 2002 the investigator objected, stating that in view of the lapse of time, the ensuing evidentiary difficulties and the workload of the investigation service it was preferable to terminate the proceedings.", "19. The prosecutor did not accept the investigator’s proposal and on 22 April 2002 ordered additional investigation.", "20. It appears that as of November 2004 the proceedings were still pending." ]

[ 3 ]

[ "9. The applicant was born in 1931 and lives in Bratislava.", "10. The facts of the case, as submitted by the parties, may be summarised as follows.", "11. On 17 June 1982 the applicant was served a notice of dismissal from job under Article 46 § 1 (f) of the Labour Code for an especially serious breach of work discipline in that he had been absent from his work for several days without an excuse.", "12. On 18 June 1984 the Bratislava III District Court (then Obvodný súd, at present Okresný súd) rejected the applicant’s request for a judicial ruling declaring the dismissal null and void.", "13. On 19 November 1985 a three‑judge Chamber of the Bratislava City Court (then Mestský súd, at present Krajský súd) dismissed the applicant’s appeal and upheld the judgment of 18 June 1984. The Chamber deciding on the appeal included judge S.", "14. On 12 February 1993 the applicant and his wife took civil proceedings against the legal successor of his former employer before the Bratislava I District Court. They sought the applicant’s rehabilitation under the Extra-Judicial Rehabilitations Act (Law no. 87/1991 Coll. - Zákon o mimosúdnych rehabilitáciách) in respect of his dismissal in 1982.", "15. In a judgment of 27 September 1994, following a hearing held on the same day, the Bratislava I District Court considered that the action aimed at obtaining a judicial order to the defendant to issue a formal confirmation that the applicant had been dismissed in 1982 for politically motivated reasons and in violation of fundamental human rights and freedoms within the meaning of section 21 (1) of the Extra-Judicial Rehabilitations Act. The court rejected the action as being unsubstantiated.", "16. On 6 December 1994 the applicant and his wife appealed to the Bratislava City Court and, on 10 January 1995, they supplemented the appeal (odvolanie). They argued that the District Court had misinterpreted the action in that it had not been aimed at obtaining a judicial order against the defendant, but at obtaining a declaratory judgment to the effect that the applicant’s dismissal had been based on the grounds referred to in section 21 (1) of the Extra-Judicial Rehabilitations Act. They further complained that the District Court had overlooked the fact that the action had also been brought by the applicant’s wife.", "17. On 28 February 1995 the Bratislava City Court quashed the District Court’s judgment of 27 September 1994 and remitted the case to the District Court, holding that the latter had failed to determine the action insofar as it had been brought by the applicant’s wife.", "18. On 31 October 1995, following a hearing held on the same day, the District Court again dismissed the action after examining testimonies of the parties, the applicant’s personal file with his former employer and the case‑file concerning the applicant’s proceedings in the 1980s. The District Court found it established that the applicant had been dismissed from his work in 1982 for unauthorised absence for several days, i.e. an especially serious breach of work discipline which had had no political subtext. In so far as the applicant relied on section 21 § 1 (c) of the Extra-Judicial Rehabilitations Act, he had failed to prove that his dismissal had been for reasons of political persecution or in violation of generally recognised human rights and freedoms. The District Court finally found that the applicant’s wife had no cause of action in the case, in that the dismissal did not directly concern her.", "19. On 25 January 1996 the applicant and his wife filed an appeal with the City Court and on 2 February 1996 they submitted further particulars of the appeal. They argued that the District Court had misinterpreted the action, incorrectly interpreted and assessed the facts and arbitrarily dismissed the action.", "20. On 11 April 1996, following a hearing of the appeal held on the same day, the City Court upheld the District Court’s judgment of 31 October 1995 and granted leave for an appeal on points of law to the Supreme Court. It held that the District Court had adequately established the facts of the case and concurred with its factual and legal conclusions.", "21. On 6 August 1996, through his lawyer, the applicant filed an appeal on points of law (dovolanie) with the Supreme Court. He argued that the lower courts had erred in their determination of the facts and law in his case.", "22. In reply to the appeal on points of law, the defendant filed observations which however the courts did not transmit to the applicant.", "23. On 28 November 1996 a three-judge Chamber of the Supreme Court rejected the appeal on points of law after deliberating in camera. As to the defendant’s observations in reply to the appeal on points of law, the Supreme Court noted that the defendant had invited the Supreme Court to reject that appeal as unfounded since the lower courts’ decisions had been correct and the appeal had produced no new relevant information. The Supreme Court found that the District Court and the City Court had adequately established the relevant facts and fully endorsed their factual and legal conclusions. The Supreme Court further discerned no procedural or other flaws within the meaning of Articles 237 and 241 § 2 of the Code of Civil Procedure. The Supreme Court Chamber included judge S. who had been a member of the three‑judge Chamber of the City Court that, on 19 November 1985, had rejected the applicant’s appeal in the proceedings on his dismissal in 1982. No appeal lay against the Supreme Court’s judgment." ]

[ 3 ]

[ "7. The applicant was born in 1980 and lives in Chişinău, Moldova. He was a student at the time of the events and earned a stipend of 50 Moldovan Lei (MDL).", "8. On 18 April 2000, between 9.30 a.m. and 12.30 p.m., the applicant attended a demonstration against the decision of the Municipal Council to abolish urban transport privileges for students. The demonstration was not authorised in accordance with the law and it appears from the statements of the parties that its organisers did not even apply for authorisation. The demonstration took place on the Great National Assembly Square in Chişinău. In the beginning it was peaceful, but later some of the demonstrators started to throw eggs and stones at the Municipality building and the police intervened.", "9. Around 12.30 p.m. the applicant was arrested by the police on grounds of being an active participant in an unauthorised demonstration in breach of Article 174/1 § 4 of the Code of Administrative Offences (hereinafter referred to as the “CAO”). He was brought to the precinct police station an hour later. Between 1.30 p.m. and 7.00 p.m., he was detained in the police station and interrogated by several criminal investigators.", "10. In his written statement given at the police station, the applicant mentioned, inter alia, that he had been arrested by the police when he and a journalist from the National Radio approached a group of policemen beating up a student. Since he had written on his forehead the word “STUDENT”, the police arrested him. He stated that he was an active participant but that he was not involved in violence.", "11. On an unspecified date, the district police completed the administrative case file in connection with the offence committed by the applicant, mentioning inter alia that he had actively participated in an unauthorised meeting that had taken place in front of the building of the Municipal Council. The case was then referred to the competent district court.", "12. Following an oral hearing on 19 April 2000, the Centru District Court imposed on the applicant an administrative fine of MDL 36 (the equivalent of 3.17 euros (EUR) at the time) provided for in Article 174/1 § 4 of the CAO. In its order, the court stated, inter alia, that the applicant had actively participated in a demonstration of students, which had been carried out without authorisation from the Municipal Council, and that he had admitted having participated in the demonstration.", "13. On 28 April 2000 the applicant lodged an appeal against the above order. He argued that the fine had been unlawfully imposed on him and that the sanction was contrary to the freedom of assembly and to the right to strike guaranteed by Articles 40 and 45 of the Constitution.", "14. On 4 May 2000 at 10 a.m. the Chişinău Regional Court heard the applicant’s appeal in his absence and dismissed it.", "15. According to the Government the summons for the hearing was sent on 2 May 2000 by regular post and should have arrived at its destination on 3 May 2000.", "16. According to the applicant, it was sent on 3 May 2000 and was received by him on 4 May 2000 after 10 a.m.", "17. The postmark on the envelope, applied by the outgoing post office (namely, by the first post office through which the envelope was routed) indicates the date of 3 May 2000. The postmark applied by the incoming post office is not entirely legible.", "18. On 5 May 2000, the applicant appeared before the Registry of the Chişinău Regional Court to inquire about his case. He was issued with a copy of the judgment of the Chişinău Regional Court of 4 May 2000 dismissing his appeal and upholding the order of the District Court of 19 April 2000.", "19. On 10 May 2000 the applicant filed a request for annulment (contestaţie în anulare) with the Chişinău Regional Court against its decision of 4 May 2000, arguing that he had not been properly summonsed and consequently did not have a fair trial. The court refused to register the request on the ground that the CAO did not provide for such a remedy. On 18 May and 22 June 2000 respectively, the court rejected the repeated requests lodged by the applicant and his lawyer.", "20. On 18 May 2000, the applicant accompanied by a lawyer of the Helsinki Committee of Human Rights and by an advocate made another attempt to file a request for annulment with the Registry of the Chişinău Regional Court but the Registry refused to register it.", "21. On 12 June 2000, following the bailiff’s request, the applicant paid the fine provided for in the decision of 19 April 2000." ]

[ 3 ]

[ "7. The applicant was born in 1946 and lives in East Sussex.", "8. On 17 May 1990 the applicant was arrested, questioned at a police station in connection with an alleged importation of drugs, then refused bail and remanded in custody. On 18 December 1990, after a week-long jury trial, he was convicted of conspiracy to import a controlled drug and on 21 March 1991 he was sentenced to six years' imprisonment. On the same date, a confiscation order in the sum of GBP 22,000 was imposed, with a term of 18 months' imprisonment to be served consecutively to his main sentence if he failed to make the payment by 21 March 1992.", "9. At the time of the applicant's conviction Her Majesty's Customs and Excise (henceforth, “Customs”) were in possession of a Rolex watch and GBP 2,600 belonging to the applicant. According to the Government, the applicant was informed by a letter dated 16 May 1991 that the order had been registered with Chichester Magistrates' Court, but the applicant denies ever having received such a letter.", "10. On 30 September 1991 Customs wrote to the solicitors who had acted for the applicant at trial and asked how and when he intended to pay the sum ordered. According to the applicant, the solicitors, who had ceased to act for him in May 1991, never informed him of this letter. They wrote to Customs on 7 November 1991 that they had no instructions from the applicant.", "11. On 20 March 1992 the Magistrates' Court wrote to Customs to enquire whether action would be taken to enforce the order in default of payment. Customs replied on 23 March 1992 that the sum ordered had not been paid and that they were considering applying for a distress warrant to be issued in respect of the watch and a receiver to be appointed to deal with the applicant's property.", "12. By a letter dated 8 April 1992, the Magistrates' Court informed Customs that a distress warrant could not be issued. In another letter, dated 12 August 1992, the magistrates sought information from Customs about the appointing of a receiver. Customs replied on 22 October 1992 that the sum ordered had not been paid, but that they had not applied to the High Court to appoint a receiver in the attempt to identify any realisable assets held by the applicant and that they were awaiting further instructions from their Asset Forfeiture Unit.", "13. The applicant was released from prison in May 1994. He had not paid the money due under the confiscation order, but the order had not been enforced.", "14. By a letter dated 24 October 1995 Customs contacted the Magistrates' Court to discover whether payment had been made. The court replied on 27 October 1995 that it had not. On 23 January 1996 Customs contacted the applicant's former solicitors to inform them that they intended to enforce payment of the order.", "15. On 29 February 1996 Customs asked the court to issue a distress warrant in respect of the watch. This was issued in March 1996 and an executed copy of the warrant was sent to Customs in May 1996.", "16. On 25 June 1996 a warrant was issued for the applicant's arrest to bring him to court for a means inquiry to take place in respect of the sum of GBP 17,670 outstanding on the order. The inquiry took place on 10 July 1996. The applicant attended but was not represented. The proceedings were adjourned at the applicant's request to allow him to seek legal aid and a Certificate of Inadequacy (which would dispense him from the obligation to pay the order). According to the Government, the proceedings were adjourned a further twelve times over the following seventeen months at the applicant's request. The applicant denies requesting so many adjournments.", "17. On 18 November 1997 the High Court dismissed the applicant's application for a Certificate of Inadequacy. On 10 December 1997 the Magistrates' Court ordered that proceedings to enforce the confiscation order should take place. The proceedings were subsequently adjourned several more times, but the reason for the adjournments is not clear.", "18. On 13 May 1998 the case was listed for 3 June 1998, and on the latter date the applicant was committed to prison for 15 months for non-payment of the sum outstanding.", "19. On 7 August 1998 the applicant was granted leave by the High Court to apply for judicial review of the magistrates' decision. On 14 October 1998 the High Court refused his application for judicial review, holding that there was no reason to construe the word “consecutive” in the confiscation order in such a strict manner as to mean “in unbroken succession to the time served under the original order”. Lord Justice Brooke in the High Court described the delay on the part of the enforcement authorities between October 1992 and January 1996 in enforcing the order as “wholly unexplained”, and Mr Justice Sedley observed that the “Customs and Excise's inertia between March 1992 and January 1996 was both inexcusable and, given that somebody's liberty was involved, unconscionable”. However, the High Court held that, as a matter of English law, once the confiscation order had been made the onus was on the applicant to pay, and “any continuing lapse of time is then in the eye of the law a product of the failure to pay, not of the failure to enforce”. On 19 October 1998 the High Court refused leave to appeal to the House of Lords." ]

[ 3 ]

[ "7. The applicant was born in 1934 and lives in Warsaw.", "8. The applicant's father owned the so-called “Kraków Bishops' Palace” situated in the centre of Warsaw and the plot of land on which it stood. The Government submitted that 75 to 80 % of the building had been destroyed during the Second World War.", "9. By virtue of the 1945 Decree on the Ownership and Use of Land in Warsaw (dekret o własności i użytkowaniu gruntów na obszarze m. st. Warszawy) the Warsaw municipality (and after 1950 the State Treasury) became the owner of all plots of land located in Warsaw. The decree gave the former owners the possibility of obtaining a perpetual lease (after 1946 - temporary ownership) of a plot of land on request.", "10. In 1947 the applicant's father concluded, before a public notary, an agreement with a certain state institution, according to which that institution was to obtain the right of use of the property upon its declaration to reconstruct the palace. The Government submitted that the agreement at issue had never been enforced because it was illegal.", "11. In 1948 the applicant's father lodged, under the 1945 Decree, a request to be granted the right of temporary ownership of the plot of land formerly owned by him. It was refused by a decision issued in 1949, which was served neither on him, nor on his lawyer.", "12. In 1951 the applicant's father died.", "13. In 1955 another decision refusing the 1948 request was issued. This decision was also not served.", "14. On 14 March 1990 the applicant, as the sole heir to her father's property (the inheritance proceedings were completed in October 1990), filed with the Warsaw Śródmieście District Office (urząd dzielnicowy) a petition in which she requested the restitution of her property.", "15. Subsequently, the Social Security Board (Zakład Ubezpieczeń Społecznych), which occupied the property, requested the administrative authorities to grant it the right of management (zarząd) of that property, but to no avail.", "16. On 16 September 1991 the applicant was served with the decision of 1955 refusing her father the right of temporary ownership of the land.", "17. On 24 September 1991 she lodged with the Warsaw Governor (wojewoda) a request for the annulment of that decision.", "18. On 11 October 1991 the Warsaw Regional Prosecutor (prokurator wojewódzki) joined the proceedings, considering that in the light of the gravity of the alleged breaches of the law the participation of the prosecutor was necessary.", "19. On 27 July 1992 the applicant lodged with the Supreme Administrative Court (Naczelny Sąd Administracyjny) a complaint about the inactivity of the Governor, who had failed to issue a decision concerning her request.", "20. On 11 December 1992 the court rejected the complaint, relying on the temporal limits of its jurisdiction.", "21. On 24 December 1992 the Minister of Construction (Minister gospodarki przestrzennej i budownictwa) quashed the decision of 1955. He found that the impugned decision did not contain any reference to the 1949 decision, whereas they concerned the same matter. The Minister further considered that the reasoning of the decision was not supported by any documents.", "22. On 5 October 1993 the Head of the Warsaw District Office (kierownik urzędu rejonowego) refused to grant the applicant the right of perpetual use (użytkowanie wieczyste, which replaced the former temporary ownership) of the land. He relied, inter alia, on the fact that over 70 % of the palace had been destroyed during the Second World War and that it could therefore, after reconstruction, be considered as a new building. Having reconstructed it on its own land, the State had become that building's owner.", "23. On 1 March 1994 the Warsaw Governor quashed that decision and discontinued the proceedings, considering that they had become devoid of purpose, because the request of the applicant's father had already been refused by the decision of 1949.", "24. On 16 October 1995 the Supreme Administrative Court allowed the applicant's appeal against the decision of 1 March 1994. The court declared the Governor's decision null and void. It found that the Governor had overlooked the fact that the 1949 decision had probably never been served on the applicant's father and that it should not, therefore, have been considered as having valid legal effect.", "25. On 18 March 1996 the Governor quashed the decision of the Head of the District Office issued on 5 October 1993 and remitted the case for re-examination.", "26. On 18 July 1997 the Warsaw District Office sent to the applicant a copy of the 1949 decision by which her father had been refused temporary ownership.", "27. On 1 August 1997 the applicant requested the annulment of that decision.", "28. On 25 August 1997 the Warsaw Governor quashed the 1949 decision and remitted the case for re-examination.", "29. On 12 November 1997 the Head of the Warsaw District Office re-examined the request lodged by the applicant's father in 1948. He granted the applicant the perpetual use of the land and declared that she retained the ownership of the building located there, in accordance with the 1947 agreement. The Head of the District Office found that a plan for the future use of the building, prepared by the applicant, complied with the existing town-planning scheme.", "30. The Social Security Board appealed against that decision.", "31. On 25 February 1998 the Warsaw Regional Prosecutor raised an objection (sprzeciw) to that decision. She submitted, in passing, that the clause concerning the ownership of the building was only of a declaratory nature, i.e. it confirmed something that had already been stipulated in the 1945 Decree. The contested decision should, in the prosecutor's argument, be set aside because the boundaries between the plots did not correspond to the boundaries between the buildings. Following that objection the Warsaw Governor instituted ex officio proceedings for the annulment of that decision.", "32. On 3 April 1998 the Governor rejected an appeal against the decision of 12 November 1997 lodged by the Social Security Board. The Governor considered that only the former owners of properties located in Warsaw, or their legal successors, could have standing in proceedings instituted under the provisions of the 1945 Decree. The Board did not have any rights in rem to the property concerned and, therefore, had no standing in the proceedings. The Board appealed to the Supreme Administrative Court.", "33. On 6 April 1998 the Governor stayed the enforcement proceedings in respect of the decision of 12 November 1997, having regard to the objection lodged by the prosecuting authorities.", "34. On 12 April 1999 the Supreme Administrative Court quashed the Governor's decision of 3 April 1998, pointing out that the Governor, having found that the Social Security Board had no standing in the proceedings, should have issued a decision discontinuing the appellate proceedings.", "35. On 31 August 1999 the Regional Prosecutor withdrew her objection and subsequently the proceedings concerning the annulment of the decision of 12 November 1997 were discontinued. However, the proceedings concerning the appeal lodged by the Social Security Board were still pending.", "36. On 15 December 1999 the Governor discontinued the appeal proceedings, relying on the Social Security Board's lack of standing in the proceedings under the provisions of the 1945 Decree.", "37. On 7 January 2000 the applicant, relying on the fact that the appeal proceedings against the award of the right to perpetual use had been discontinued by the decision of 15 December 1999, summoned a representative of the State Treasury to appear before a specified public notary for the purpose of concluding an agreement concerning the grant of perpetual use of the land. No representative of the State Treasury complied with the summons.", "38. On 24 January 2000 the applicant requested the Supreme Administrative Court to dismiss the Board's petition to have the enforcement of that decision stayed. In reply, the court informed the applicant that the enforcement had been stayed ex lege.", "39. On 18 January 2000 the Board appealed against the decision of 15 December 1999, submitting that the buildings it occupied were constructed in such a way that their walls did not run along the boundary between the plots of land underneath and, therefore, the 1997 decision awarding the applicant the right to perpetual use was impossible to enforce. The Board also argued that, being a State-owned entity occupying the property, it should take part in the proceedings in order to ensure the proper representation of the interests of the State.", "40. In its pleadings of 13 March 2000 the Governor's Office (Urząd Wojewódzki) requested the Supreme Administrative Court to dismiss the Board's appeal, reiterating that it had no rights in rem to the property concerned.", "41. On 21 November 2000 the Supreme Administrative Court allowed the Social Security Board's appeal and quashed the decision of 15 December 1999. It noted that in 1984 the Board had been granted the use of a neighbouring plot of land and, on the strength of a law enacted in 1998, had become the owner of that plot. The court found that it was necessary to establish whether the plot owned by the Board overlapped with the plot covered by the 1997 decision granting the right to perpetual use to the applicant. If this was the case, the Board should be allowed to take part in the proceedings as a party.", "42. On 23 July 2001 the Governor quashed the decision of 12 November 1997. He pointed out that in the course of further proceedings the line of the boundary in question should be established and, consequently, it should be decided whether the Board had standing. The Governor referred to legislation which had entered into force on 1 January 1999, under which the Board had become ex lege the owner of lands it had been managing. The applicant appealed against that decision to the Supreme Administrative Court. She stressed that the case had already been examined by that court five times. She also submitted that the Governor could have ruled on the Board's rights in the proceedings himself on the basis of the ample material already contained in the case-file.", "43. Meanwhile, on 26 November 1999 the President of the Office for Housing and Urban Development (Prezes Urzędu Mieszkalnictwa i Rozwoju Miast), on the request of the Ministry of Labour, instituted proceedings for the annulment of the decision of 25 August 1997 (quashing the above-mentioned 1949 decision).", "44. On 19 October 2001 the applicant lodged with the Supreme Administrative Court a complaint about the inactivity of the President of that office.", "45. On 13 December 2001 the President of the Office for Housing and Urban Development annulled the decision of 25 August 1997, by which the 1949 refusal to grant temporary ownership to the applicant's father had been quashed. He considered that the Governor had not been competent to issue that decision as following many legislative changes he was not to be considered as legal successor of the authority which had been competent to give this decision under the provisions of the 1945 Decree.", "46. On 18 December 2001 the Supreme Administrative Court asked the applicant whether she was pursuing her complaint about inactivity, despite the fact that the authority concerned had given a decision. She withdrew her complaint.", "47. On 30 April 2002 the President of the Office for the Housing and Urban Development, after the re-examination of the case requested by the applicant, upheld his own decision of 13 December 2001. He reiterated that following changes in the legislation concerning the powers of local authorities and their hierarchy, the Warsaw Governor, on the strength of an interpretation of this legislation given on 19 August 1999 by the Prime Minister, had not been competent to issue the decision of 25 August 1997.", "48. The applicant lodged an appeal with the Supreme Administrative Court. She submitted that the interpretation relied on by the President of the Office for Housing had been given two years after the decision of August 1997 on the basis of which she could have acquired her rights. She stressed that before that interpretation had been given, the established practice considered that the Warsaw Governor was competent to give decisions such as in her case.", "49. On 25 March 2004 the Warsaw Regional Administrative Court dismissed the applicant's appeal. It acknowledged that the interpretation given in 1999 could not have been validly relied on in support of the quashing of the 1997 decision as it had been given in a different case and concerned different legal issues. However, the court, having analysed the evolution of the legislation regulating the powers of local administration since 1938, concluded that it did not change the fact that the Warsaw Governor had lacked competence to give the 1997 decision.", "50. The applicant lodged an appeal on points of law against this judgment with the Supreme Administrative Court, arguing that the legal analysis of the lower court as to the competence to give the 1997 decision was erroneous.", "51. The proceedings are currently pending before the Supreme Administrative Court.", "52. In 1990 the applicant enquired about the legal status of the disputed property. She received a certificate from a public notary office stating that in the land-and-mortgage register her father was mentioned as the owner of property no. 496. Although in 1983 the State authorities had requested that an entry be made in the register declaring that the State Treasury was the owner, the request was not granted, as they had failed to submit the 1955 decision refusing the applicant's father the right to temporary ownership with a clause confirming its legal force. In 1985 the proceedings concerning that request were stayed. Another entry in the register concerned the 1945 decree, following which the State Treasury became the owner of the land. The certificate contains a clause stating that it does not concern the ownership rights to the buildings located on the plot.", "53. On 28 January 1991 the public notary office refused the applicant's request to make an entry replacing the name of her father by her name in the land register. The office pointed out that, as long as the issue of perpetual use was not decided, it could not make any amendments to the register.", "54. Similar information is contained in a certificate issued on 4 April 1996 by the land-and-mortgage register department of the Warsaw District Court." ]

[ 3 ]

[ "8. The applicant, Henryk Kolasiński, is a Polish national who was born in 1927 and lives in Koszalin, Poland.", "9. The applicant's wife died on 15 May 1990. On 2 October 1990 the Koszalin District Court (Sąd Rejonowy) declared that the applicant, his stepdaughter - J.K. - and her two grandsons were to inherit the estate.", "10. On 28 December 1990 M.F., one of the grandsons, filed an application for distribution of the estate of the applicant's wife with the Koszalin District Court. He also applied to the court for dissolution of the joint matrimonial property of the applicant and his late wife.", "11. On 4 December 1992 the court held the first hearing.", "12. In a letter of 5 May 1993 the applicant requested the President of the Civil Division of the Koszalin District Court to expedite the proceedings.", "13. On 5 November 1993 and 20 January 1994 the trial court held hearings.", "14. On 17 February 1994 the District Court gave a final decision. The applicant appealed. On 5 July 1994 the Koszalin Regional Court (Sąd Wojewódzki) set aside the first-instance decision and remitted the case.", "15. On 9 March and 18 May 1995 the court held hearings. At a hearing held on 29 June 1995 the court ordered that expert evidence be obtained.", "16. On 24 November 1995 the applicant complained to the President of the Koszalin District Court about the slow conduct of the proceedings. On 21 February 1996 the President of the Koszalin Regional Court informed the applicant that his complaint about the delays in the proceedings was justified.", "17. On 10 June 1996 the court held a hearing.", "18. On 22 August 1996 the District Court gave a decision. On 30 September 1996 the applicant lodged an appeal with the Koszalin Regional Court.", "19. On 11 February and 25 March 1997 the Regional Court held hearings. On 22 April 1997 the Koszalin Regional Court set aside the impugned decision and remitted the case.", "20. On 11 September 1997 the court held a hearing. On 22 October 1997 the applicant again requested the President of the Koszalin District Court to expedite the proceedings.", "21. At the hearing held on 4 December 1997 the parties settled their claims in respect of a number of movables. Subsequently, the court discontinued the proceedings in that respect.", "22. On 19 February 1998 the applicant complained about the length of the proceedings to the Minister of Justice.", "23. On 10 April 1998 the court held a hearing and ordered that expert evidence be obtained.", "24. On 24 April 1998 the District Court gave a partial decision (postanowienie częściowe). On 24 May 1998 the District Court held a hearing.", "25. On 25 May 1998 the Minister of Justice informed the applicant that the President of the Koszalin Regional Court would supervise the proceedings. The District Court held further hearings on 3 July, 7 and 28 August 1998. On 1 October 1998 an expert submitted his report to the court.", "26. At the hearing held on 20 November 1998 the District Court gave a decision. On 15 January 1999 the applicant lodged an appeal with the Koszalin Regional Court. On 27 April 1999 the applicant complained to the Minister of Justice about a delay in the proceedings and the fact that his appeal of 15 January 1999 had not been transmitted to the Regional Court.", "27. On 28 September 1999 the Regional Court held a hearing. The hearings listed for 12 and 26 October 1999 were adjourned.", "28. On 4 November 1999 the Regional Court upheld the first‑instance decision. On 15 March 2000 the applicant lodged a cassation appeal with the Supreme Court (Sąd Najwyższy). The proceedings were terminated by a decision of the Supreme Court of 23 April 2001." ]

[ 3 ]

[ "4. The applicants were born in 1935 and 1939 respectively and live in Freistadt.", "5. On 11 April 1994 the applicants applied for a building permit for an adjoining building with a garage on their property.", "6. On 16 August 1994 the Mayor (Bürgermeister) of Freistadt granted the building permit.", "7. On 31 August 1994 the applicants’ neighbours appealed.", "8. On 30 March 1995 the Municipal Council granted the appeal and refused the building permit.", "9. On 12 July 1995 the Upper Austria Regional Government (Landesregierung) dismissed the applicant’s appeal (Vorstellung).", "10. On 27 February 1996 the Administrative Court (Verwaltungsgerichtshof), upon the applicants’ complaint, quashed this decision.", "11. Subsequently, on 25 June 1996, the Regional Government quashed the Municipal Council’s decision and remitted the case back to the Municipal Council.", "12. On 10 February 1997 the applicants lodged an application with the Administrative Court against the Municipal Council’s failure to decide (Säumnisbeschwerde).", "13. On 21 April 1997 the Municipal Council again dismissed the applicants’ request for a building permit.", "14. On 17 June 1997 the Regional Government dismissed the applicants’ appeal.", "15. On 31 July 1997 the applicants filed a complaint with the Constitutional Court (Verfassungsgerichtshof). In October 1997 the Upper Austria Regional Government and the Mayor of Freistadt submitted their observations. On 28 September 1999 the Constitutional Court instituted proceedings for the review of the lawfulness of the ordinance (Verordnungsprüfungsverfahren) upon which the Municipal Council had based its decision.", "16. On 15 March 2000 the Constitutional Court found that the ordinance at issue was unlawful. On 6 April 2000 this decision was served on the applicants’ counsel.", "17. On 26 May 2000 the Regional Government quashed the Municipal Council’s decision and remitted the case back to the Municipal Council.", "18. In January 2001, following negotiations, the applicants reached an agreement with the Municipal Council to the effect that the latter accepted to pay the fees incurred by the applicants’ representation in the proceedings so far, on the condition that the applicants amended their request for a building permit in accordance with the newly established building scheme (Bebauungsplan).", "19. On 6 February 2001 the applicants amended their request for a building permit.", "20. Subsequently, on 28 May 2001, the Municipal Council quashed the building permit of 16 August 1994 and remitted the case back to the Mayor of Freistadt. It noted that the applicants had amended their request for the building permit with a view to the new building scheme.", "21. On 28 June 2001 the Mayor of Freistadt requested the applicants to submit plans concerning their amended building project. On 28 September 2001 the Mayor of Freistadt reiterated this request.", "22. On 30 October 2001 the applicants submitted the requested plans, which, however, turned out to be incomplete.", "23. On 21 November 2001 the Mayor of Freistadt requested the applicants to correct the plans within two weeks.", "24. On 14 December 2001 the applicants requested to extend this time-limit until 15 January 2002. On 15 January 2002 they submitted the corrected plans.", "25. On 28 March 2002 the Mayor of Freistadt granted a building permit for a double garage with a parking area. This decision was served upon the applicants’ counsel on 4 April 2002." ]

[ 3 ]

[ "4. The applicant was born in 1964 and lives in Vienna.", "5. On 14 February 2001 the Vienna Regional Criminal Court (Landesgericht für Strafsachen) ordered the applicant’s detention on remand on suspicion of having committed homosexual acts with adolescents contrary to Article 209 of the Criminal Code. The applicant was released on 27 February 2001.", "6. Also on 14 February 2001 the investigating judge ordered a search of the applicant’s premises, as he was also suspected of owning child pornographic material. A number of video-tapes were seized but the suspicion was not confirmed and the subsequent proceedings were conducted for charges under Article 209 alone.", "7. On 24 September 2001 the Regional Court decided to discontinue the proceedings on the condition of payment of a penalty of 20,000 Austrian schillings. The Public Prosecutor’s Office appealed against this decision.", "8. On 11 December 2001 the Vienna Court of Appeal (Oberlandesgericht) quashed the Regional Court’s decision and referred the case back to it.", "9. On 15 January 2002 the Regional Court convicted the applicant under Article 209 of the Criminal Code and sentenced him to three months’ imprisonment suspended on probation. It found that, between 1994 and 2001, the applicant had performed homosexual acts with four different adolescents.", "10. On 3 December 2002 the Vienna Court of Appeal dismissed the applicant’s appeal on points of law. It referred to the Constitutional Court’s judgment of 21 June 2002 which had found that Article 209 of the Criminal Code was unconstitutional. However, the amendment of the law, which had repealed Article 209 did not apply to proceedings, in which the first instance court’s judgment had already been given before its entry into force on 14 August 2002. The decision was served on the applicant on 4 July 2003.", "11. The applicant’s petition for a pardon was of no avail.", "12. On 3 April 2003 the Federal Minister of Justice replied to questions put by members of Parliament concerning the granting of a pardon in cases of convictions under Article 209. In these questions the applicant’s case was referred to by the file number and the date of the final decision. The Minister stated, without mentioning the applicant’s name, that he had denied a pardon in this case, as the conduct of the person concerned would also qualify as an offence under the newly introduced Article 207b, as in one case that person had taken advantage of the adolescent’s predicament, i.e. the fact that the latter had, following a conflict with his parents, temporarily lived in that person’s apartment." ]

[ 8, 4 ]

[ "4. The applicant was born in 1959 and lives in Höchst. He is a farmer.", "5. On 18 July 1996 H., an officer of the Bregenz Works Inspection (Arbeitsinspektorat) inspected the applicant’s farm and found two persons of presumable Polish nationality who were working there. When asked for their passports both absconded. Upon request the applicant admitted that they were living at his farm.", "6. On 21 July 1996 J.Z., one of the two workers declared before H. that he had “helped” at the applicant’s farm for five days and had received a sleeping opportunity and food in return. He confirmed this statement in writing.", "7. On 20 August 1996 the Works Inspectorate submitted a report to the Bregenz District Administrative Authority (Bezirkshauptmannschaft) in which it stated that the applicant had illegally employed a foreigner at his farm.", "8. Thereupon, the District Administrative Authority opened administrative criminal proceedings against the applicant under the Aliens’ Employment Act (Ausländerbeschäftigungsgesetz) and, on 16 September 1996, invited the applicant to comment on the charge against him (Aufforderung zur Stellungnahme). On 3 October 1996 the applicant submitted his comments.", "9. On 23 June 1997 the District Administrative Authority convicted the applicant of an offence under the Aliens’ Employment Act and sentenced him to pay a fine of ATS 15,000 (approximately 1090 €) and the costs of the proceedings. It found that the applicant had employed a foreigner who had no working permit.", "10. On 27 June 1997 the applicant appealed against this decision with the Vorarlberg Independent Administrative Panel (Unabhängiger Verwaltungssenat).", "11. On 20 November 1997 the Independent Administrative Panel held a public hearing and heard H. Upon the applicant’s request it further decided to hear J.Z. by way of letters rogatory (im Rechtshilfeweg). In the subsequent proceedings it turned out, however, that it was not possible to hear J. Z, who was residing in Poland, by letters rogatory as there existed no legal assistance treaties with Poland concerning administrative criminal proceedings. On 31 August 1998 the Independent Administrative Panel wrote a letter to J.Z. at his address in Poland and requested him to answer several questions relating to the proceedings pending against the applicant. J.Z. did not reply. On 3 November 1998 the Independent Administrative Panel informed the applicant that it had not been possible to hear J. Z. and that the applicant had now the opportunity to produce further evidence to disprove the charges of the Works Inspectorate.", "12. On 11 January 1999 the Independent Administrative Panel dismissed the applicant’s appeal. It based its decision upon the evidence given by H. It further noted that this evidence was corroborated by J. Z.’s written statement of 21 July 1996, the fact that J. Z. had absconded and the applicant’s first statement before the Works Inspectorate in which the applicant had even denied that there was a Polish person on his farm.", "13. On 2 March 1999 the applicant filed a complaint with the Constitutional Court against this decision. On 14 June 1999 the Constitutional Court refused to deal with the complaint for lack of prospects of success and, on 21 August 1999, upon the applicant’s request, transferred the case to the Administrative Court.", "14. On 29 October 1999 the applicant supplemented his observations with the Administrative Court and requested an oral hearing. On 25 November 1999 the IAP submitted its comments on the applicant’s complaint.", "15. On 22 January 2002 the Administrative Court dismissed the applicant’s complaint. This decision was served on the applicant’s counsel on 20 February 2002." ]

[ 3 ]

[ "7. The applicant was born in 1944 and lives in Innsbruck.", "8. The applicant is a medical practitioner whose contract with the Tyrol Regional Health Insurance Board (Gebietskrankenkasse) was terminated by the latter on 31 December 1996. Subsequently the applicant was practising without a contract with the Health Insurance Board and is meanwhile retired. He complains about two sets of proceedings.", "9. On 29 October 1996 the applicant instituted proceedings against the Tyrol Regional Health Insurance Board. He claimed that the defendant had to pay an additional amount of 120 Austrian schillings (ATS) for doctor’s fees.", "10. On 2 April 1997 the Joint Arbitration Committee (Paritätische Schiedskommission) dismissed the applicant’s claim. The applicant appealed against this decision.", "11. On 2 July 1998 the Regional Appeals Commission (Landesberufungskommission) dismissed the appeal.", "12. On 25 September 1998 the applicant lodged a complaint with the Constitutional Court. He alleged, inter alia, that the general agreement between the Association of Social Insurance Boards (Hauptverband der Sozialversicherungsträger) and the Tyrol Medical Association (Ärztekammer) on which his doctor’s fees were based violated his constitutional right to non-discrimination (Recht auf Gleichheit).", "13. On 15 April 1999 he amended his complaint and alleged that the Regional Appeals Commission was no independent and impartial tribunal within the meaning of Article 6 of the Convention by virtue of its composition.", "14. On 17 December 1999 the Constitutional Court dismissed the complaint. It did not accept that the Regional Appeals Commission’s decision had violated the applicant’s constitutional rights. As regards the composition of the Regional Appeals Commission, the Constitutional Court noted that the applicant’s complaint had been lodged out of the statutory six months time-limit. However, referring to its constant case-law, it found that the applicant’s constitutional rights were not violated.", "15. On 11 February 1997 the applicant instituted proceedings against the Tyrol Regional Health Insurance Board. He claimed that it had to pay some ATS 18 million (about 1,3 million euros) as the doctor’s fees provided for in the general agreement between the Association of Social Insurance Boards and the Tyrol Medical Association were far too low and, therefore, his contract with the Regional Health Insurance Board was null and void.", "16. On 11 August 1997 the applicant made a request for transfer of jurisdiction (Devolutionsantrag) as the Joint Arbitration Committee failed to decide within the statutory six months-period.", "17. On 28 October 1997 the Regional Appeals Commission, after having held a hearing, dismissed the applicant’s claim.", "18. On 15 December 1997 the applicant lodged a complaint with the Constitutional Court. He alleged that the contract between the Association of Social Insurance Boards and the Tyrol Medical Association on which his doctor’s fees were based violated his constitutional right to non-discrimination. Further, he complained that the Regional Appeals Commission was no independent and impartial tribunal within the meaning of Article 6 of the Convention by virtue of its composition and submitted that the Association of Social Insurance Boards had provided two deputy directors of the Tyrol Regional Health Insurance Board as assessors.", "19. On 16 December 1999 the Constitutional Court dismissed the complaint. Referring to its constant case law, the Constitutional Court found that the Regional Appeals Commission in general may be considered as an independent and impartial tribunal because of the term of office of the members and because members were not bound by any instructions. Further it found that ...\n“It is true that the assessors of the Regional Appeals Commission are representatives of two conflicting spheres of interest. However, these members are not bound by instructions from the sending organisation ... and they are by no means spokespersons of these organisations. Their task is rather to bring their experience to bear in the proceedings. ... A violation of the required impartiality could, thus, ... be due to specific circumstances in the individual case resulting, for example from an official or organisational dependence of the appointed member of the Regional Appeals Commission. ...\nSuch official or organisational dependence does, however, in the Constiutional Court’s view, not arise from the mere fact that the parties of the general agreement provide the assessors of the Regional Appeals Commission. ... In view of the legally guaranteed freedom from instructions of the members of the Regional Appeals Commission, a constellation affecting the appearance of independence and impartiality could - also in the light of the case Hortolomei v. Austria (cited above) - only exist if the appointed assessors had been involved in the preparation of the general agreement or if there were other specific reasons raising legitimate doubts about their independence and impartiality in determining certain legal matters. ...”", "20. In conclusion, the Constitutional Court found no indication that the members of the Regional Appeals Commission lacked independence or impartiality." ]

[ 3 ]

[ "7. The applicant was born in 1953 and lives in Cincinnati, Ohio.", "8. In April 1994 the applicant married an Austrian citizen. The marriage was concluded in the United States of America and the couple set up their common residence in Michigan. On 11 September 1994, their daughter was born.", "9. On 31 October 1995, after his wife had left the United States with their daughter without obtaining the applicant’s consent and had set up her residence in Austria, he brought a petition for divorce in the Oakland Circuit Court (Michigan). He also introduced court proceedings in Austria requesting the return of his daughter under the 1980 Hague Convention on the Civil Aspects of Child Abduction.", "10. On 2 November 1995 the applicant’s wife brought a petition for divorce in the Graz District Civil Court.", "11. On 16 April 1996 the Oakland Circuit Court confirmed a default decree of divorce issued in January 1996, noting that Mrs Sylvester had failed to comply with the requirements for setting aside the default. Further, it awarded the applicant sole custody over the couple’s daughter and ordered that she should reside with him in case of her return.", "12. On 5 June 1996 the applicant filed a request for recognition of the divorce decree with the Austrian Federal Ministry of Justice.", "13. On 26 September 1996 the Federal Ministry of Justice refused to grant this request. Referring to Section 24 § 1 of the Fourth Implementing Regulation to the Marriage Act (4. Durchführungsverordnung zum Ehegesetz), it considered that a recognition of the divorce decree would be contrary to Austrian ordre public as the applicant’s wife, being the defendant in the proceedings before the Oakland Circuit Court, had not been heard as she was considered to be in default, despite the fact that the applicant’s petition for divorce had not been duly served on her.", "14. Thereupon, on 15 November 1996 the applicant filed a complaint with the Administrative Court. The latter instituted preliminary proceedings on 25 November 1996.", "15. On 9 January 1997 the Administrative Court received the observations of the Federal Ministry of Justice and, on 20 January 1997, it received the observations of Mrs Sylvester as a third party.", "16. On 18 December 1998 the Administrative Court referred the case to the Constitutional Court requesting it to review the constitutionality of Section 24 § 1 of the Fourth Implementing Regulation to the Marriage Act.", "17. It argued that Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms which has constitutional rank in Austrian law, applied to the proceedings concerning the recognition of foreign divorce decrees as their outcome had a direct effect on the civil law relationship of the persons concerned. However, it was incompatible with that Article that the Federal Ministry of Justice, an administrative authority, decided upon the request for recognition. The subsequent control by the Administrative Court was not sufficient where the subject matter, such as family law relations, fell within the very core of the notion of “civil rights”.", "18. The Constitutional Court received the Administrative Court’s request on 19 February 1999. The Administrative Court submitted three further requests raising the same issue, which were received by the Constitutional Court on 13 July, 21 October and 12 November 1999, respectively. The proceedings in these cases were joined to proceedings in the applicant’s case.", "19. On 4 February 2000 the Administrative Court supplemented its request in the applicant’s case.", "20. On 28 February 2001 it supplemented its requests in the three other cases.", "21. On 16 June 2001 the Constitutional Court gave its judgment, finding that Section 24 § 1 of the Fourth Implementing Regulation to the Marriage Act was in conformity with the constitution.", "22. The Constitutional Court noted firstly that the proceedings at issue were concerned with the questions whether recognition was compatible with Austrian ordre public. Thus, the recognition of foreign divorce decrees was closely linked to the question whether they could be enforced in Austria. Referring to a number of decisions, in which the European Commission of Human Rights had found that Article 6 did not apply to enforcement proceedings, the Constitutional Court expressed doubts as to the applicability of Article 6.", "23. Even assuming that Article 6 applied, referring to the Court’s Zumtobel v. Austria judgment (of 21 September 1993, Series A no. 268-A), the Constitutional Court held that the Administrative Court’s scope of review was sufficient, since proceedings concerning the recognition of foreign divorce decrees involved mainly questions of law. Where an assessment of facts was required, as for instance where the question arose whether an action had been duly served, the Administrative Court was empowered to review whether the administrative authority’s assessment was correctly based on the contents of the file.", "24. On 5 October 2001 having resumed its proceedings, the Administrative Court dismissed the applicant’s complaint. The decision was served on the applicant on 29 October 2001." ]

[ 3 ]

[ "4. The applicant lives in Feldkirch-Tosters (Austria).", "5. In February 1996 the Feldkirch District Administrative Authority (Bezirkshauptmannschaft) instituted administrative criminal proceedings against the applicant under the Aliens’ Employment Act (Ausländerbeschäftigungsgesetz). He was suspected of having illegally employed a foreigner (Ö.) without the required permit to work.", "6. On an unspecified date the District Administrative Authority invited the applicant to comment on the charge against him (Aufforderung zur Stellungnahme). On an unspecified date the applicant filed his comments.", "7. On 3 July 1996 the District Authority issued a penal order and imposed a fine of ATS 25,000 (EUR 1,816.82). It found that the applicant had illegally employed a foreigner.", "8. On 6 August 1996 the applicant, assisted by counsel, filed an appeal. On 12 August 1996 the applicant amended his appeal. He submitted that the Regional Vorarlberg Labour Office’s (Landesarbeitsamt) decision of 21 September 1994, by which it refused to grant a work permit for Ö, did not fulfil the formal requirements of a decision (Bescheid) and was therefore null and void. Thus, Ö.’s preliminary work permit was still valid and, consequently, the penal order had no legal basis.", "9. On 4 November 1998 the Independent Administrative Panel (Unabhängiger Verwaltunssenat, “the IAP”) submitted that the applicant had filed his appeal out of time and ordered the applicant to comment on this submission within two weeks.", "10. The applicant complied with this order on 19 November 1998. He submitted that the District Administrative Authorities’ decision of 3 July 1996 was only served on him on 23 July 1996 due to his absence at the material time and that therefore the appeal was lodged in time.", "11. On 23 November 1998 the IAP ordered the applicant to prove his absence at the material time within two weeks. On 9 December 1998 the applicant complied with this order.", "12. By a decision of 15 December 1998 the IAP partly allowed the applicant’s appeal and decreased the fine to ATS 20,000 (EUR 1,453.44) and ordered him to pay ATS 2,000 (EUR 145.35) as his contribution to the procedural costs at first instance. It found that Ö.’s preliminary work permit had expired on 24 October 1994 and that therefore the offence of illegal employment of a foreigner was met. The IAP further held that the applicant could not enjoy impunity for having committed an error of law, as he should have been aware that the District Administrative Authority would consider the employment illegal when the Labour Office’s refusal to grant a work permit for Ö. was served.", "13. On 1 March 1999 the applicant lodged a complaint with the Constitutional Court (Verfassungsgerichtshof). He submitted that the IAP was no “tribunal” within the meaning of Article 6 of the Convention as its member acted as both judge and prosecutor. Further, he submitted that his rights under Article 6 § 2 of the Convention were violated. He relied on a precedent in which the administrative authorities had considered a decision with a similar deficiency as invalid and, thus, he considered Ö.’s preliminary work permit still valid. However, pursuant to the applicable law he had to show that no fault lay with him for the contravention of the provisions of administrative law.", "14. On 14 June 1999 the Constitutional Court declined to deal with the complaint for lack of prospects of success and transmitted the complaint to the Administrative Court (Verwaltungsgerichtshof). The case file arrived at the latter court on 1 September 1999.", "15. On 27 October 1999 the applicant amended his complaint with the Administrative Court and on 30 November 1999 the IAP submitted its observations.", "16. On 16 October 2001 the Administrative Court dismissed the complaint. It referred to a previous decision in a similar case of the applicant in which it had to consider the employment of Ö. concerning another period of time. It found, that the Labour Office’s decision refusing to grant a work permit was beyond doubt valid and, thus, there existed no work permit for the foreigner for the material time. Therefore, the applicant should have been aware that he violated the prohibition to employ foreigners without work permit. Thus, the IAP’s penal order was lawful. Referring to its constant case law, the Administrative Court found that there was no doubt about the IAP’s qualification as a tribunal within the meaning of Article 6 of the Convention. This decision was served on 12 November 2001." ]

[ 3 ]

[ "9. The first applicant is a political group which was refused registration as a political party in a judgment delivered by the Bucharest Court of Appeal on 28 August 1996. The second applicant is its chairman.", "10. On 23 March 1996 the PCN was founded at a national conference chaired by the second applicant, at which its constitution and political programme were adopted. The relevant parts of the constitution read as follows:\n“The PCN shall respect national sovereignty, the territorial integrity of the State, its legal order and the principles of democracy. None of its members shall defame the country and the nation, promote war and national, racial, class or religious hatred, encourage discrimination, territorial separatism or public violence, or engage in obscene and immoral activities.\nThe PCN is a free association of citizens who support political pluralism, uphold the principles of a democratic law-based State and strive to defend their own interests without denying those of others.\nAims\nArticle 1: The PCN shall express, represent and defend the political interests of the workers, without any distinction based on ethnic origin, sex, age, profession, belief or opinions. 'Workers' means all those who earn their living by working, regardless of activity ...\nWith a view to ensuring a constant increase in workers' living standards, the PCN shall act within the law, using any means lawfully available to all political parties, to gain political power in order to establish a humane and democratic society. ...\nArticle 20: The PCN is not the successor of the former Romanian Communist Party, with which it has no connection; it represents the continuation of the resistance against the Communist Party prior to 1989. Being founded by and composed of persons who were not members of the former Communist Party, the PCN emphasises that none of the qualities with which the former Communist Party was credited, or the criticisms that party aroused, should be attributed to it.”", "11. In its political programme, adopted on 23 March 1996, the PCN stated that its aims were to defend workers' interests and to adhere to the essence of communist doctrine, based on the following fundamental principles: non-exploitation of certain persons by others or by the State; social justice based on labour and proper qualitative competition; and genuine democracy capable of securing the rights of the majority through free elections in which all political tendencies should be allowed to take part. It deplored what it called the antisocial and anti-working-class direction in which Romanian society had moved since the overthrow of the previous regime in 1989, and the country's transformation into a “colony of the European and global neo-colonialist empires”. The programme also contained the following political ideas:\n“The thesis underlying all policy and all doctrine is that the main advantage in politics is number. Those who are greatest in number are always right, irrespective of the way they think or act, and this is constantly being borne out, as, for example, on 22 December 1989 when the anti-working-class, antisocial and antinational counter-revolution emerged victorious in several European countries.\nThe starting-point of all workers' action has been the desire to change what is evil; in practice, only what is good has changed, and almost completely. What do we mean by good? ... During its years of socio-economic practice in the territory of former Dacia[[1]], socialism achieved goals for the masses – despite the errors, excesses, failings and abuses on the part of the former Communist Party bourgeoisie – which workers cannot abandon or forget: the highest material and spiritual living standards in history; the highest level of culture and civilisation in history ...; the broadest and most extensive democratic legal framework ...\nThe PCN is a workers' revolutionary political group that acts in an organised, conscious manner within the constitutional framework to eradicate the effects of the counter-revolution and to resume building the most humane and democratic society ever known – socialism. Regardless of its position in relation to the other political forces, [that is, whether it is] involved in the exercise of power and the administration of the State, the PCN will strive to attain such goals as may ensure the protection of the interests of the masses.”", "12. On 4 April 1996 the second applicant, as the PCN's representative, applied to the Bucharest County Court to enter it in the special register for political parties.", "13. By a decision of 19 April 1996, the court refused the application as being ill-founded. The relevant passages of the reasoning of the decision read as follows:\n“In support of the application to register the party, a number of documents have been filed: a list of the party leaders, a list of its founder members, the constitution governing its organisation and functioning, its political programme, the lease for its headquarters, evidence of its financial resources and its constitutive instrument, namely the minutes of the national conference held on 23 March 1996.\nIt appears from an examination of the documents in the file that the party's constitution, in the chapter setting out its aims, ... states that it strives to gain political power in order to establish a humane and democratic society.\nIt therefore follows from its constitution and political programme that the party pursues the aim of establishing a humane State based on communist doctrine, which would imply that the constitutional and legal order in place since 1989 is inhumane and not founded on genuine democracy.\nThe party is therefore in breach of Article 2 §§ 3 and 4 of Legislative Decree no. 8/1989, which provides that 'the aims of political parties must be based on respect for sovereignty, and that the means employed to achieve them must be in accordance with Romania's constitutional and legal order'.”", "14. On 6 July 1994 the applicant appealed against that decision to the Bucharest Court of Appeal. In a judgment delivered on 28 August 1996, the Court of Appeal dismissed the appeal on the ground that the assessment made in the decision had been correct. It finalised the text of the judgment on 21 October 1996 and sent it to the Bucharest County Court to be archived. The second applicant states that he learned of the reasons for the judgment on 13 November 1996. The relevant paragraph of the reasoning reads as follows:\n“As to the final ground of appeal, concerning the merits of the case, the first-instance court was correct in considering the [PCN's] constitution to be in breach of Legislative Decree no. 8/1989 with regard to the country's constitutional and legal order. Accordingly, the Court dismisses the complaint as being ill-founded.”", "15. On 28 May 1997 the Procurator-General of Romania informed the second applicant that he could see no reason to lodge an application (recurs în anulare) to have the judgment of 28 August 1996 quashed.", "16. The second applicant lodged an application to set aside (contestaţie în anulare), which the Bucharest County Court dismissed as being out of time on 5 December 1997.", "17. After 1997 the second applicant continued to express his political opinions in the newspaper Pentru socialism (“For Socialism”), of which he was the editor. On 13 August 1998 he published an article entitled “The communist manifesto”, which proclaimed his attachment to communist doctrine and criticised both the direction taken by the Communist Party leaders before 1989 and the policy pursued by successive governments since then. A large number of articles which the second applicant published in the newspaper in 1998 and 1999 contained slogans such as “Workers of all countries, unite!”, “The struggle continues!” and “Long live socialism!”. In one article he stated that, once in power, he would “accept only those who accept[ed him]”.", "18. In 2000 the second applicant published a book, The anti-socialist, anti-working-class and antinational counter-revolution, in which he replied to about a hundred questions from a journalist. In December 2003 he sent the Court a copy of the book. In it he set out his political vision, outlining his commitment to communist doctrine and the working classes and describing Marx as the greatest political philosopher of all humanity; he also criticised both the authorities' gradual betrayal, in his view, of communist ideals prior to 1989 – while praising former President Ceausescu – and the policy pursued by those in power after that date. He stated that, unlike the pre-1989 communist regime, he was in favour of free, multi-party elections in which all the political forces could take part, except extremists and fascists, and voiced his support for a form of political competition based on respect for others and their political views. Among other things, he referred to the difficulties encountered since 1989 in finding sufficient members to register the PCN and to the fact that the party was not well known in Romania, particularly among those for whom it was primarily intended, the peasants and workers.", "19. Arguing that socialism had in the past been the subject of frequent “attacks” designed to destroy it, examples being the events in 1968 in Prague, 1978 in Poland and 1985 and 1993 in Russia, the second applicant stated in conclusion to his reply to a question from the journalist:\n“As long as there are still capitalist, imperialist and religious brutes in the world, whose main aim is to enslave others, the conditions for further internal and external activities against socialism will continue to exist, ... [socialism] being a fundamental idea and belief of the people; remember the endless succession of attacks against the forces of good in fairy tales ... These attacks will not cease until the hideous and parasitic farmyard fowls, who commit crimes in all places and at all times, have been destroyed.”", "20. He stated in the book that the political system would in time become structured according to social class, that the PCN sought to represent the interests of the peasants and workers, and that a democratic parliament should reflect the country's social structure, with the two classes in question holding the vast majority of seats according to their share of the population.", "21. Arguing that capitalism encouraged theft, the second applicant stated in the book that the masses, who despised wealth, would move away from the post-1989 political parties and, over about fifty years, towards the PCN.", "22. With regard to property, he stated that it was for the people to decide whether privatisation was beneficial and that “the rich” could enjoy possessions they had obtained by lawful means. As to the restitution of property that had passed into State ownership during the communist regime, the second applicant considered that property confiscated for political reasons should be returned, although entire buildings and factories should not, because the nationalisation measures carried out after 1947-48 had been acts of social justice." ]

[ 7 ]

[ "11. The applicants were born in 1959 and 1971 respectively and are currently in custody in the Republic of Uzbekistan. They are members of Erk (Freedom), an opposition party in Uzbekistan.", "12. On 3 March 1999 the first applicant arrived in Istanbul from Alma-Ata (Kazakhstan), on a tourist visa. He was arrested by the Turkish police at Atatürk Airport (Istanbul) under an international arrest warrant and taken into police custody on suspicion of homicide, causing injuries through the explosion of a bomb in Uzbekistan and an attempted terrorist attack on the President of Uzbekistan.", "13. The Republic of Uzbekistan requested his extradition under a bilateral treaty with Turkey.", "14. On 5 March 1999 the Bakırköy public prosecutor made an application to the investigating judge for the first applicant to be remanded in custody. The first applicant, who was assisted by his lawyer, was brought before the judge on the same day and remanded in custody for forty-five days, in accordance with the European Convention on Mutual Assistance in Criminal Matters.", "15. On 11 March 1999 the first applicant was interviewed by the judge of the Bakırköy Criminal Court. In an order made on the same day under the expedited applications procedure, the judge referred to the charges against the first applicant and noted that the offences concerned were not political or military in nature but ordinary criminal offences. The judge also made an order remanding him in custody pending his extradition. The first applicant, who was assisted by his lawyer and an interpreter, denied the charges and protested his innocence.", "16. In written pleadings that were lodged at a hearing on 11 March 1999, the first applicant’s representative argued that his client was working for the democratisation of his country and that political dissidents in Uzbekistan were arrested by the authorities and subjected to torture in prison. He added that the first applicant had been in Kazakhstan at the material time and had asked the Turkish authorities for political asylum as his life was at risk. He argued that his client was being prosecuted for an offence of a political nature and, relying on Article 9 § 2 of the Turkish Criminal Code, asked the Criminal Court to refuse Uzbekistan’s request for extradition.", "17. On 15 March 1999 the first applicant appealed to the Bakırköy Assize Court against the order made under the expedited applications procedure on 11 March 1999. Having examined the case file, the Assize Court dismissed the first applicant’s appeal on 19 March 1999.", "18. The second applicant entered Turkey on 13 December 1998 on a false passport. On 5 March 1999, acting on a request for his extradition by the Republic of Uzbekistan, the Turkish police arrested him and took him into police custody. He was suspected of homicide, causing injuries to others through the explosion of a bomb in Uzbekistan and an attempted terrorist attack on the President of Uzbekistan.", "19. On 7 March 1999 the Bakırköy public prosecutor made an application to the investigating judge for the second applicant to be remanded in custody. On the same day the second applicant was brought before the judge, who remanded him in custody.", "20. At a hearing on 11 March 1999, the second applicant’s representative submitted that the offence with which his client had been charged was political in nature and that political dissidents in Uzbekistan were arrested by the authorities and subjected to torture in prison. He added that the second applicant had been in Turkey at the material time on a false passport.", "21. In a letter of 12 March 1999 the Fatih public prosecutor applied to the Fatih Criminal Court for a determination of the second applicant’s nationality and of the nature of the alleged offence.", "22. In a decision of 15 March 1999, after hearing the applicant, the Criminal Court determined his nationality and the nature of the offence pursuant to Article 9 of the Turkish Criminal Code. It held that the offences with which he had been charged were not political or military in nature but ordinary criminal offences. It also made an order remanding the applicant in custody pending his extradition.", "23. On 18 March 1999 the second applicant appealed to the Istanbul Assize Court against the judgment of 15 March 1999. Having examined the case file, the Assize Court dismissed the appeal on 26 March 1999.", "24. On 18 March 1999 the President of the relevant Chamber of the Court decided to indicate to the Government, on the basis of Rule 39 of the Rules of Court, that it was desirable in the interest of the parties and of the smooth progress of the proceedings before the Court not to extradite the applicants to Uzbekistan prior to the meeting of the competent Chamber, which was to take place on 23 March 1999.", "25. On 19 March 1999 the Turkish government issued a decree ordering the applicants’ extradition.", "26. On 23 March 1999 the Chamber decided to extend the interim measure indicated pursuant to Rule 39 until further notice.", "27. On 27 March 1999 the applicants were handed over to the Uzbek authorities.", "28. In a letter of 19 April 1999, the Government informed the Court that it had received the following assurances regarding the two applicants from the Uzbek authorities: on 9 March and 10 April 1999 the Uzbek embassy in Ankara had transmitted two notes from the Ministry of Foreign Affairs to which were appended two letters from the Public Prosecutor of the Republic of Uzbekistan, stating:\n“The applicants’ property will not be liable to general confiscation, and the applicants will not be subjected to acts of torture or sentenced to capital punishment.\nThe Republic of Uzbekistan is a party to the United Nations Convention against Torture and accepts and reaffirms its obligation to comply with the requirements of the provisions of that Convention as regards both Turkey and the international community as a whole.”", "29. On 11 June 1999 the Government transmitted to the Court a diplomatic note dated 8 June 1999 from the Uzbek Ministry of Foreign Affairs setting out the following points:\n“It appears from investigations conducted by the Uzbek judicial authorities that Mr Mamatkulov and Mr Askarov have played an active role in planning and organising terrorist acts against the leaders of the Republic of Uzbekistan and its people since May 1997, as members of a criminal organisation led by C.H. and T.Y., who are notorious religious extremists.\nIt appears from information obtained through cooperation with the intelligence services of foreign countries that Mr Mamatkulov and Mr Askarov have committed offences in Kazakhstan and Kyrgyzstan.\nTheir indictment, which was drawn up on the basis of previously obtained evidence, includes a number of charges: setting up a criminal organisation, terrorism, a terrorist attack on the President, seizing power through the use of force or by overthrowing the constitutional order, arson, uttering forged documents and voluntary homicide.\nAll the investigations have been conducted with the participation of their lawyers. The defendants have made statements of their own free will on the activities of the criminal organisation and their role within it. That information has been corroborated by the other evidence that has been obtained.\nThe assurances given by the Public Prosecutor of the Republic of Uzbekistan concerning Mr Mamatkulov and Mr Askarov comply with Uzbekistan’s obligations under the United Nation’s Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984.\nThe defendants and their lawyers have examined the prosecution evidence relating to the investigation and the proceedings and a copy of the indictment transmitted to the Supreme Court has been served on them.\nArrangements for the accused’s security during the investigation and trial have been made through the use of secure premises (with cells specially equipped for that purpose) and appropriate measures have been taken to prevent them being attacked.\nThe defendants’ trial in the Supreme Court has recently begun with hearings in public. The hearings are attended by members of the local and foreign press. Members of diplomatic missions and representatives of human rights organisations also attend the hearings.\nOfficials from the embassy of the Republic of Turkey may also attend.”", "30. In a letter of 8 July 1999, the Government informed the Court that by a judgment of 28 June 1999 the Supreme Court of the Republic of Uzbekistan had found the applicants guilty of the offences charged and had sentenced them to terms of imprisonment.", "31. In a letter to the Court dated 15 September 1999, the applicants’ representatives said that they had not been able to contact their clients, that conditions in Uzbek prisons were bad and prisoners subjected to torture. They noted, inter alia:\n“...\nThe applicants did not have a fair trial in the Republic of Uzbekistan. The rule requiring trials to be held in public was not complied with. Our only information about the applicants’ trial comes from the Uzbek authorities.\nWe wrote to the Uzbek embassy in Ankara on 25 June 1999 requesting permission to attend the trial as observers in our capacity as lawyers, but have received no reply.\nAs to the assertion that the applicants’ trial was followed by ‘members of the local and foreign press and representatives of human rights organisations’, the only non-governmental organisation present in Uzbekistan that was able to follow the trial was Human Rights Watch. Although we have made express requests to that organisation, we have not been able to obtain any detailed information about the hearings and events at the trial.\nSince the applicants’ extradition, we have been unable to contact them by either letter or telephone. We still have no means of contacting them. This state of affairs serves to confirm our suspicions that the applicants are not being held in proper prison conditions.\nAccording to the letter sent by the Court on 9 July 1999 and information published in the press, Mr Mamatkulov has been sentenced to twenty years’ imprisonment. That is the heaviest sentence that can be handed down under the Uzbek Criminal Code. Furthermore, if account is taken of the conditions of detention in Uzbek prisons, and in particular of the use of torture, it is very difficult for prisoners to serve their sentences in the prisons in proper conditions. Moreover, it is generally believed that certain prisoners, in particular those convicted of offences pertaining to freedom of expression, are given additional sentences.”", "32. On 15 October 2001 the Uzbek Ministry of Foreign Affairs sent the following information to the Turkish embassy in Tashkent:\n“On 28 June 1999 the Supreme Court of the Republic of Uzbekistan found R. Mamatkulov and Z. Askarov guilty of the offences listed below and sentenced them to twenty years’ and eleven years’ imprisonment respectively:", "33. At the hearing on 23 October 2001, the Government informed the Court that on 19 October 2001 two officials from the Turkish embassy in Tashkent had visited the applicants in Zarafshan Prison and Şayhali Prison, which are respectively 750 and 560 kilometres from Tashkent. According to the embassy officials, the applicants were in good health and had not complained about their prison conditions.", "34. On 3 December 2001 the Uzbek authorities communicated to the Government medical certificates that had been drawn up by military doctors in the prisons in which the applicants were being held. The doctors made the following findings:\n“... Mr Mamatkulov was imprisoned on 9 December 2000. He did not present any health problems on arrival. Examinations on 14 December 2000 and 2 April 2001 did not reveal any pathological symptoms.\nOn 19 November 2001 the prisoner attended the prison medical centre complaining of general weakness and a bout of coughing. ... on examination he was diagnosed as suffering from acute bronchitis and was prescribed medication ...”\n“... Mr Abdurasulovich Askarov was imprisoned on 21 July 2001. He did not complain of any health problems on arrival. Examinations conducted on 25 July, 30 August and 23 October 2001 did not reveal any pathological symptoms ...”", "35. On the basis of lists that had been communicated by the Uzbek authorities, the Government informed the Court on 16 April 2004 that the applicants had received a number of visits from close relatives between January 2002 and 2004.", "36. To date, the applicants’ representatives have been unable to contact the applicants." ]

[]

[ "8. The applicant was born in 1967 and lives in Gomel, Belarus.", "9. In 1995 the applicant worked in a private asset management company.", "10. In 1996 the General Prosecutor’s Office of Belarus (“the Belarusian GPO”) carried out a criminal investigation into the company’s business. The applicant was twice questioned in the course of the investigation.", "11. In February 1997 the applicant quit his job and in July 1997 moved to St. Petersburg.", "12. The Belarusian GPO considered the applicant’s departure as an attempt to abscond. For this reason, on 22 September 1997 the Belarusian GPO charged the applicant in his absence with large-scale fraud and embezzlement, and issued in his respect a detention order and an international search and arrest warrant.", "13. On 9 July 1998 the Russian police arrested the applicant in St. Petersburg. According to the applicant, the policemen did not inform him of the reasons for his arrest and failed to produce any documents justifying it.", "14. On 9 July 1998 the Russian National Bureau of Interpol sent an urgent wire to its Belarusian counterpart. The Russian Bureau requested confirmation that the applicant was still wanted by the Belarusian authorities and inquired whether the Belarusian authorities planned to request his extradition.", "15. On 11 July 1998 the Russian authorities interviewed the applicant. In the course of the interview, the applicant wrote explanations in which he provided certain details about the investigation in Belarus, his questionings and departure to Russia. The applicant noted that, until his arrest, he had not known that the Belarusian authorities had been searching for him.", "16. On 13 July 1998 the applicant was placed in a temporary detention unit of the St. Petersburg Police Department.", "17. On 16 July 1998 the Belarusian GPO sent to the General Prosecutor’s Office of Russia (“the Russian GPO”) a formal request for the applicant’s extradition, pursuant to Article 56 of the CIS[1] Convention on Legal Assistance in Civil, Family and Criminal Cases. On 4 August 1998 the Russian GPO received this request.", "18. On 27 July 1998 the Belarusian National Bureau of Interpol replied to its Russian partner’s wire of 9 July 1998 and requested the applicant’s detention pending the extradition proceedings.", "19. On 13 August 1998 a senior investigator of the Belarusian GPO interrogated the applicant for the first time, having come for this purpose from Minsk. The investigator informed the applicant about the nature of the accusation against him but did not serve formal charges.\nAccording to the applicant, it was not until then that he was for the first time informed – albeit only orally – about the charges.", "20. On 20 August (19 August, according to the Government) 1998, the applicant was transferred to Remand Centre IZ–47/4 in St. Petersburg.", "21. According to the applicant, in August–November 1998 his lawyer lodged three applications for his release: on 18 August 1998 with the Dzerzhinskiy District Court of St. Petersburg, on 27 August 1998 with the Kalininskiy District Court of St. Petersburg, and on 2 November 1998 with the St. Petersburg City Court. These applications were made pursuant to Article 220-1 of the Code of Criminal Procedure which provided for the judicial review of detention on remand.\nAccording to the Government, the applicant’s lawyer did not lodge these applications.", "22. On 25 September 1998 the Russian GPO agreed to extradite the applicant.", "23. On 5 October 1998 the St. Petersburg Prosecutor’s Office informed the applicant’s lawyer that, on 11 August 1998, the Russian GPO had ordered the applicant’s continued detention pending the extradition proceedings, pursuant to the request of the Belarusian authorities and because the applicant was not a Russian citizen.", "24. On 25 October 1998 the applicant was re-located to Remand Centre no. 1 in Smolensk.", "25. On 17 November (12 November, according to the Government) 1998 he was handed over to the Belarusian authorities.", "26. On 24 November 2000 the Zheleznodorozhnyi District Court of Gomel convicted the applicant and sentenced him to three years’ suspended imprisonment with compulsory community work." ]

[]

[ "9. The applicant was born in 1962 and lives in St. Petersburg.", "10. On 29 August 1995 the North-Western transport prosecutor’s office instituted criminal proceedings against several police officers of the St. Petersburg transport police department where the applicant, in the rank of police major at that time, held the position of senior operational officer. The investigation established that the applicant had colluded with other police officers to detain individuals who had just arrived in St. Petersburg on the pretext of an identity check and to misappropriate their money.", "11. On 31 August 1995 the applicant was detained on remand.", "12. On 7 September 1995 the applicant was charged with criminal offences under Articles 144 § 2 (concerted theft), 145 § 3 (concerted large-scale robbery), 148 § 3 (large-scale extortion) and 170 § 1 (abuse of power or office) of the RSFSR Criminal Code, committed on several occasions between 1992 and 1995, in collusion with two other police officers.", "13. On 18 June 1996 the case was referred to the Smolninskiy District Court of St. Petersburg for trial.", "14. On 9 October 1996 the Smolninskiy District Court found that the bill of indictment was incomplete and remitted the case to the prosecutor’s office for additional investigation.", "15. On 24 December 1996 the St. Petersburg City Court quashed the decision of 9 October 1996 and remitted the case to the Smolninskiy District Court for examination on the merits.", "16. On 24 February, 31 March and 15 September 1997 the Smolninskiy District Court dismissed the applicant’s requests for release from custody, each time referring generically to the gravity of the charges against him and to his personal characteristics.", "17. According to the Government, on 10 February 1997 the applicant refused to go to the court and the hearing was adjourned until 24 February. The applicant refuted the allegation. He contended that as a detainee he had had no choice whether to be escorted to the court house or not.", "18. The parties agreed that subsequent hearings had been held on 24 and 25 February, 31 March and 1 April 1997.", "19. On 15 September 1997 the Smolninskiy District Court granted the applicant’s request for additional time to read the case file and transcripts of the court hearings. The Government alleged that at that hearing the applicant had prevented the court from examining witnesses and victims, falsely accusing them of criminal offences and perjury. The applicant contested this allegation as not supported by any documents. The next hearing was fixed for 11 December 1997.", "20. On 11 or 22 December 1997 the applicant challenged the presiding judge, alleging that he had had an intimate relationship with her. The challenge was dismissed as unsubstantiated. The hearing was then adjourned until 9 February 1998 because the applicant fell ill.", "21. Subsequent hearings in the Smolninskiy District Court took place on 9, 11 and 12 February 1998.", "22. On 12 February 1998 (8 February, according to the Government) the Smolninskiy District Court suspended the proceedings and ordered a forensic psychiatric examination of the applicant.", "23. On 5 May 1998 the Convention entered into force in respect of the Russian Federation.", "24. On 22 May 1998 the experts found the applicant to be of sound mind at the time of examination and at the time when the incriminated acts had been committed. On 1 July 1998 the proceedings were resumed.", "25. On 17 July 1998 the Smolninskiy District Court refused the applicant’s request for release from custody, finding that his placement in custody had been “imposed in accordance with the law” and that “at this stage of the proceedings (the court investigation is about to be finished)... a change of the preventive measure is not opportune (нецелесообразно)”.", "26. On the same day the Smolninskiy District Court delivered a judgment in the applicant’s case. It found him guilty on most counts and sentenced him to six years’ imprisonment, including the time already served, and also ordered confiscation of his property.", "27. The applicant appealed against the judgment to the St. Petersburg City Court.", "28. On 26 October 1998 the Smolninskiy District Court advised the applicant that the appeal hearing would take place on 17 November 1998. However, on 11 November 1998 (29 October, according to the Government) the St. Petersburg City Court returned the case-file to the Smolninskiy District Court because the applicant had not had adequate time and facilities to study it after the judgment had been given.", "29. The Government submitted that between November 1998 and January 1999 the Smolninskiy District Court had “taken measures” to examine the applicant’s requests. They did not provide any details about the nature of these measures. The applicant disagreed. He contended that during that period the Smolninskiy District Court had not taken any steps to grant him access to the file and that it had not decided on his requests. He indicated that he had been first granted access to the requested materials on 22 February 1999, after seven months of procrastination on the part of the court, and then he had only had access to the file for 21 non-consecutive days until 8 April 1999.", "30. On 18 April 1999 the applicant filed an addendum to his points of appeal. The appeal hearing was listed for 11 May 1999, but later adjourned until 3 June.", "31. On 3 June 1999 the St. Petersburg City Court quashed the judgment of 17 July 1998 on procedural grounds and remitted the case for a new examination. The court ruled that the applicant was to remain in custody pending trial, without giving any reasons for the continued detention.\nOn the same day the City Court issued a “special finding” (частное определение) acknowledging that the length of the trial had been excessive and ordered the President of the Smolninskiy District Court to pay special attention to this fact and to take measures to remedy the situation.", "32. On 26 July 1999 the Smolninskiy District Court examined the prosecutor’s application to return the case for additional investigation to the North-Western transport prosecutor’s office in order to remedy certain procedural defects. The applicant and his counsel agreed with the prosecutor’s application and filed a request for the applicant’s release, arguing that there were no grounds justifying his continued detention.", "33. The court granted the application and remitted the case for additional investigation, but refused the request for release on the following grounds: the applicant’s detention had been extended in accordance with the law, he was charged with a serious criminal offence and he could obstruct the additional investigation and trial or flee from justice, including by leaving Russia.", "34. On 29 July and 1 August 1999 the applicant and his lawyer lodged appeals against the decision of the Smolninskiy District Court.", "35. According to the Government, the St. Petersburg City Court had originally fixed the hearing date for 24 August 1999. However, the applicant’s lawyer failed to appear and the hearing was adjourned until 31 August. On 31 August 1999 the applicant informed the court that his lawyer was on leave and requested an adjournment of the hearing. His request was granted and the new date was fixed for 28 September 1999. It appears that on 28 September 1999 the hearing before the St. Petersburg City Court took place. According to the Government, the court established that it needed the materials in the case file that was at that time in the North-Western transport prosecutor’s office pending completion of the additional investigation. The proceedings were suspended until such time as the case file was made available to the court.", "36. On 21 September 1999 the North-Western transport prosecutor’s office accepted the case for an additional investigation. On 28 September 1999 the acting North-Western transport prosecutor set a time-limit for the additional investigation and extended the applicant’s detention for one month, i.e. until 28 October 1999.", "37. On 18 October 1999 the Smolninskiy District Court informed the applicant that his case-file was with the North-Western transport prosecutor’s office for an additional investigation.", "38. On 19 October 1999 the applicant complained to the prosecutor’s office that the re-opening of investigation had been unlawful because his appeal against the decision of 26 July 1999 was still pending.", "39. On 26 October 1999 the North-Western transport prosecutor’s office reversed the decision of 28 September 1999 on the ground that the court decision of 26 July 1999 had not yet become final and the appeal was pending. On the same day the case-file was forwarded to the Smolninskiy District Court to be joined with the appeal and sent to the St. Petersburg City Court.", "40. On 2 November 1999 the St. Petersburg City Court upheld the decision of 26 July 1999, finding as follows:\n“The [city court] does not see any substantial violations of the requirements of the RSFSR Code on Criminal Procedure [“CCrP”] during the examination, by the [district] court, of the issues related to the preventive measure imposed on [the applicant], adjournment of hearings, examination of applications for release and appointment of an expert study...\nJudging from the case materials, the [district] court had no grounds to revoke or amend the preventive measure... The norms of the CCrP... do not provide for any time-limits for detention on remand pending trial; they regulate the time-limits for fixing the first hearing and beginning of the trial, yet non-compliance with these time-limits is not an unconditional ground for revoking the preventive measure...\nThe [city court] comes to the conclusion that during the preliminary investigation and trial, there were no violations of the rules of criminal procedure as regards the examination of issues related to the preventive measure. When remitting the case for additional investigation and deciding on the preventive measure, [the district court] correctly referred to the absence of any grounds for revoking the preventive measure, taking into account that, once released, [the applicant] could abscond or interfere with the additional investigation or judicial examination; [the district court] correctly had regard to [the applicant’s] personality and to the nature of the charges against him.”", "41. On 17 November 1999 the North-Western transport prosecutor’s office accepted the case for investigation and requested an extension of the applicant’s detention. The request was granted by the acting North-Western transport prosecutor on the same day, for a period of one month, i.e. until 17 December 1999.", "42. The applicant appealed against the extension order. He argued, in particular, that it had been the second time that his detention in connection with the additional investigation had been extended for one month.", "43. On 26 November 1999 the Oktyabrskiy Court of the Admiralteyskiy District of St. Petersburg upheld the order of 17 November 1999, finding as follows:\n“Article 96 § 2 of the CCrP provides that persons charged with serious criminal offences may be detained on remand on the sole ground of the dangerousness of the offence. Furthermore, for an extension of [the applicant’s] detention on remand, there are of relevance such grounds as the defendant’s potential to free from investigation or trial and to interfere with the establishment of the truth”.", "44. On 17 December 1999 the bill of indictment was served on the applicant and his lawyer and they were given several hours to study the materials of the additional investigation. On the same day a prosecutor of the North-Western transport prosecutor’s office refused the applicant’s requests for release pending trial and for additional time to study the case-file.", "45. On 20 December 1999 the case was referred to the Smolninskiy District Court for trial.", "46. On 30 December 1999 the Smolninskiy District Court again remitted the case to the prosecutor’s office for additional investigation because the prosecutor had failed to respect the applicant’s right to study all of the case materials and not just new ones. The court confirmed that the applicant was to remain in custody. The court grounded the applicant’s detention as before: the applicant was charged with a serious criminal offence and, in view of his personal circumstances, he could obstruct the investigation or flee from justice, including by leaving Russia. The applicant appealed against this decision.", "47. On 29 February 2000 the St. Petersburg City Court quashed the decision of 30 December 1999 and ordered the applicant’s release from custody against his undertaking not to leave the city. The court noted that the applicant had already spent more than four years in custody while procedural delays in the examination of the case could not be attributed to his conduct. The court noted that the applicant had a permanent residence and family, that he had received positive references at his former place of work, that he had no criminal record and that there were no indications that the applicant would abscond or interfere with the establishment of the truth. On the same day the court also quashed the decision of the Oktyabrskiy District Court of 26 November 1999 and remitted the matter for a new examination because of a procedural defect in the trial record.", "48. On or about 29 February 2000 the applicant was released from custody.", "49. It appears that on 6 March 2000 the North-Western transport prosecutor’s office accepted the case for an additional investigation ordered by the Smolninskiy District Court on 30 December 1999. The investigation was completed on 23 August 2000 and the case was referred to the trial court.", "50. On 5 April 2000 a prosecutor with the North-Western transport prosecutor’s office granted the applicant permission to pay a visit to his parents in Kharkov, Ukraine, from 6 to 11 April 2000.", "51. On 13 April 2000 the Oktyabrskiy Court examined the applicant’s complaint concerning the lawfulness of his detention after 21 September 1999. The applicant supplemented his initial complaint with a request to declare inadmissible all evidence obtained by the investigation between 21 September and 26 October 1999 and between 17 November and 20 December 1999. The court held that the order of the prosecutor’s office of 26 October 1999, by which the order of 28 September 1999 had been reversed, amounted to an admission of the fact that the investigation between 21 September and 26 October 1999 had been unlawful. As to the admissibility of evidence obtained during that period, the court referred this issue to the trial court.", "52. On 22 August 2000 the North-Western transport prosecutor’s office gave the applicant a new permit to visit his parents in Kharkov, Ukraine, provided that he returned by 30 August 2000.", "53. On 10 January 2001 the Smolninskiy District Court, at the applicant’s request, ordered the case to be remitted for an additional investigation. The court established that the applicant had not been given adequate time to have access to the case file and that the investigator had failed to decide on his requests. The court referred the remainder of the applicant’s complaints concerning admissibility of evidence to the trial court. Following the appeal of the North-Western transport prosecutor against the decision, on 13 February 2001 it was upheld by the St. Petersburg City Court.", "54. It appears that at that time the North-Western transport prosecutor’s office was undergoing reorganisation and its staff were transferred to the St. Petersburg city prosecutor’s office. On 26 March 2001 the applicant was advised about a transfer of his case to the St. Petersburg city prosecutor’s office. On 19 April 2001 a senior investigator with the anti-corruption and economic crimes unit of the Department for especially important cases of the St. Petersburg prosecutor’s office accepted the case for the additional investigation.", "55. On the same day a deputy prosecutor of St. Petersburg authorised an extension of the investigation for one additional month.", "56. On 11 May 2001 a deputy Prosecutor General authorised a further extension until 19 July 2001, i.e. for a total of 13 months and 23 days.", "57. On 17 July 2001 the first deputy Prosecutor General extended the investigation until 19 September 2001, i.e. for a total of 15 months and 23 days.", "58. On 18 September 2001 the first deputy Prosecutor General authorised an extension until 19 November 2001, i.e. for a total of 19 months and 23 days.", "59. The applicant’s lawyer challenged the orders extending the investigation, in court. He complained about the excessive length of the proceedings and contested the lawfulness of the extensions, alleging that the case was of average complexity and that there were no exceptional circumstances of the kind required by the domestic law to justify such a lengthy investigation. He also requested the court to find a violation of Article 6 § 1 of the Convention in that the applicant had been denied a fair trial within a reasonable time.", "60. On 22 October 2001 the Oktyabrskiy Court rejected the complaint. On 27 November 2001 the St. Petersburg City Court, on the applicant’s appeal, quashed and remitted that decision for a new examination. The court found that the first instance court had failed to take into account certain periods of the pre-trial investigation.", "61. On 18 May 2002 the Oktyabrskiy Court examined the matter de novo and dismissed the complaint again. As regards the authorities’ compliance with the “reasonable time” requirement, the court pronounced as follows:\n“...Having regard to the fact that the court has not established any violations of the rules of criminal procedure in the extensions of the time-limit for the preliminary investigation to 13 months and 23 days, 15 months and 23 days, and 17 months and 23 days, and taking into account that the contested extension orders were justified, the court considers that the extensions of the said time-limits were lawful and justified. In this connection, the court also considers that the additional investigation was completed within a reasonable time because the additional investigation was needed and it did not violate the defendant’s right under Article 6 § 1 of the ECHR... This conclusion of the court is also grounded on the fact that the overall duration of the preliminary investigation was 17 months and 23 days, of which seven months were used for an additional investigation by the St. Petersburg prosecutor’s office. The latter time period, as established in the court hearing, was required to carry out many investigative actions in the light of the substantial size of the criminal case, the remoteness [in time] of the criminal offences and the extent of the charges, and it was reasonable and necessary for the establishment of the truth and, in particular, for the protection of the victims’ rights.”", "62. On 10 September 2002 the St. Petersburg City Court, on the applicant’s appeal, upheld the decision of 18 May 2002.", "63. On 27 September 2001 the applicant was charged with repeated and concerted bribery, fraud, theft, robbery, abuse of power, and document forgery. In particular, the applicant was accused of illegal detention of persons whom he had stopped for identity checks at the railway station, taking or stealing their money and valuables and using forged documents to obtain social benefits. On 19 October 2001 the bill of indictment, with some textual amendments, was served again on the applicant.", "64. Subsequently the applicant was given access to the case file. It appears the applicant and his lawyer had access to the case file for the first time on 5 November 2001.", "65. On 11 April 2002 an investigator with the St. Petersburg city prosecutor’s office established that the applicant had intentionally procrastinated in reading the file and ordered that the reading should be completed by 1 June 2002. On 3 June 2002 the investigator refused the applicant’s request for additional time for access to the file.", "66. On 17 June 2002 the case file comprising 20 volumes was forwarded to the St. Petersburg City Court for trial.", "67. In July-August 2002 the judge to whom the case had been assigned went on annual leave.", "68. On 30 October 2002 the judge fixed the first preliminary hearing for 18 November 2002.", "69. On 26 November 2002 the court discontinued the criminal proceedings in the part concerning the charges in respect of which the prosecution had become time-barred and declared some evidence inadmissible. The applicant was afforded two months to study the case-file. The next hearing was fixed for 27 January 2003.", "70. On 27 January 2003 the hearing was adjourned to 17 February 2003 because victims and witnesses did not appear. Between 17 February and 22 September 2003 further hearings were scheduled and adjourned for various reasons, such as the counsel’s medical treatment and annual leave, and absence of witnesses. From 22 July to 12 September 2003 the applicant was on annual leave in Kharkov and Khost.", "71. On 22 September 2003 the proceedings were stayed pending the applicant’s in-patient treatment. Following his convalescence, a hearing was fixed for 24 December 2003. On that day it was adjourned until 5 January 2004 at the requests by the prosecutor and the applicant’s lawyer.", "72. On 5 January 2004 the court discontinued the proceedings in respect of certain other charges which had meanwhile become time-barred. Between 9 January and 4 February 2004 further hearings were held.", "73. On 4 February 2004 the St. Petersburg City Court made a decision to close the criminal case against the applicant (постановление о прекращении уголовного дела). Several charges against him were dropped by the prosecution and, as to the remainder, the court established that the prosecution was time-barred. The decision was not appealed against and on 17 February 2004 it became final." ]

[ 2, 3 ]

[ "4. The applicant was born in 1918 and lives in Stockholm.\nUntil his retirement in March 1983 he worked as a teacher for 17 hours per week.", "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:\n \n(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.\n(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;\n(iii) A statement dated 23 March 1983 by Mr P.K. Thomas, Professor and Doctor of the Royal Free Hospital School of Medicine, University of London, which concluded:\n“I quite agree that the diagnosis here is Charcot-Marie-Tooth disease. The clinical findings and the nerve conduction studies indicate that it can be classified as type II hereditary motor and sensory neuropathy. He does show some minor pyramidal signs in the legs, which may be associated. I have explained to Mr Miller that although his symptoms may continue slowly to deteriorate, this is unlikely ever to become a very serious incapacity so that he becomes unable to walk.”", "6. On 16 July 1997 the Social Insurance Office (försäkringskassan -hereinafter “the Office”) of the County of Stockholm rejected the application, finding that the applicant's disability had not reached the level required under Chapter 9, section 2 before he turned 65 years of age. One member reserved his position, considering that the applicant's need for assistance before turning 65 should be investigated.", "7. The applicant, represented by a lawyer, appealed to the County Administrative Court (länsrätten) of the County of Stockholm and requested that an oral hearing be held in his case because he wished to call as witnesses his personal doctor, the doctor appointed by the Office and all the members of the Office who had participated in the decision of his case.\nOn 15 January 1998 the County Administrative Court refused the request with reference to section 9 of the Administrative Court Procedure Act (Förvaltningsprocesslagen 1971:291 - hereinafter “the 1971 Act”). Its decision contained the following reasoning:\n“Written material, which includes inter alia medical certificates and extracts from [the applicant's] medical journal, a multitude of submissions and other documents sent by [the applicant] as well as the diary notes made during the processing of the case before [the Office] ..., are available in the case. There are no uncertainties as regards, at least, the basis for the medical assessment. The uncertainty regarding [the applicant's] extra costs due to his disability at the age of 65 can be clarified satisfactorily by [him] in writing. According to the documents, [the applicant's] requests and reasons therefore are clearly defined, as are the submissions by the respondent. Nor has [the applicant] pointed to circumstances which would benefit from being orally presented by him. Thus, there is no reason to assume that an oral hearing could add anything meaningful. The County Administrative Court therefore considers an oral hearing to be unnecessary and rejects the request to that effect. ...”\nThe County Administrative Court invited the applicant to mention any further circumstances he wished to invoke and to submit his final written observations in the case within two weeks. In response he reiterated his request for an oral hearing, relying on Article 6 of the Convention. He argued that the medical certificates needed to be clarified and that a witness account by his personal doctor would be important in order to establish the exact level of support that he had required at the age of 65. He also submitted that the members of the Office should have been asked to give evidence about their precise reasons for refusing his request.", "8. By a judgment of 13 February 1998 the County Administrative Court rejected the applicant's appeal on the grounds that the medical and other evidence in the case showed that, even before he had reached the age of 65, he had for a considerable time been functionally impaired, but not to such a degree that, on an assessment of the overall need of assistance, he was entitled to disability benefit. The court noted that the applicant had “commented” (yttrat sig) on its rejection of his request for an oral hearing, but did not respond to his renewed request or his reasons invoked therein. In reaching this decision the County Administrative Court took note of a breakdown of additional costs allegedly caused by his disability, totalling SEK 18,100, which the applicant had initially submitted to the Social Insurance Office on 16 September 1996.", "9. The applicant appealed against the lower court's judgment to the Stockholm Administrative Court of Appeal (kammarrätten) requesting it to quash the judgment and refer the case back for fresh examination. In the alternative, he requested the appellate court to find that he was entitled to disability benefits at a level corresponding to 36 % of the basic amount as of July 1994. He further requested that the court hold an oral hearing, on the same grounds as those he had presented to the lower court. He submitted that, by refusing to hold an oral hearing, the latter had breached Article 6 of the Convention.", "10. By a decision of 3 July 1998 the Administrative Court of Appeal rejected his request for an oral hearing, finding this unnecessary for determining whether to grant him leave to appeal, and gave him two weeks to complete his submissions in writing. The applicant made further submissions and maintained his request for an oral hearing. On 29 September 1998 the Administrative Court of Appeal rejected his renewed request for an oral hearing and refused him leave to appeal.", "11. On 13 October 1998 the Supreme Administrative Court (Regeringsrätten), observing that it did not normally hold oral hearings, rejected the applicant's request for a hearing and gave him three weeks within which to submit additional written observations. On 29 February 2000 it refused him leave to appeal.\nIn this connection the applicant was given a copy of an analysis presented to the Supreme Administrative Court by its legal secretary, which included an opinion to the effect that the County Administrative Court's refusal to hold a hearing was not deemed incompatible with the Convention." ]

[ 3 ]

[ "8. The applicant was born in 1954 and lives in the town of Shakhty in the Rostov-on-Don Region.", "9. In 1994 the applicant deposited his savings with “Hermes-Finance”, a Russian investment company. In 1995, when the applicant came to Moscow to recover his deposit, he found the company’s offices closed.", "10. On 12 August 1995 the applicant lodged a civil action against the company in the Taganskiy District Court of Moscow. The court disallowed the applicant’s action for lack of territorial jurisdiction.", "11. On 31 October 1995 the applicant brought an action against the company before the Khoroshevskiy District Court of Moscow. Citing lack of territorial jurisdiction, on 17 November 1995 the Khoroshevskiy District Court transferred the case to the Tushinskiy District Court of Moscow. The Government submitted that there was no indication in the case-file of the receipt of the claim by the Tushinskiy District Court. The applicant challenged this statement, referring to the “forwarding note” of 17 November 1995, from the Khoroshevskiy District Court to the Tushinskiy District Court, which had been copied to him.", "12. On 14 February 1996 the applicant sent a letter to the Tushinskiy District Court with a request to explain the delay in examination of his case. No answer was given.", "13. In April 1996 the applicant lodged yet another action against the company with the Moscow City Court. It was not accepted for lack of hierarchical jurisdiction.", "14. On 27 June 1996 the applicant brought an action against the company before the Supreme Court of the Russian Federation. On 9 August 1996 the Supreme Court forwarded the applicant’s statement of claim to the Moscow City Court, which, in turn, sent the claim on 22 August 1996 to the Tushinskiy District Court of Moscow.", "15. On 5 May 1998 the Convention entered into force in respect of the Russian Federation.", "16. The parties offered different versions of further proceedings.", "17. On 8 June 1998 the applicant received a summons to appear before the Tushinskiy District Court of Moscow on the same day at 2.10 p.m. The summons was delivered by regular mail and put in his letter box.", "18. On 29 September 1998 the applicant found in his letter box a summons to appear before the Tushinskiy District Court of Moscow on 21 September 1998.", "19. On 25 November 1998, on coming home from the office, the applicant found in his letter box a summons to appear before the Tushinskiy District Court of Moscow on 26 November 1998 at 2 p.m.", "20. The applicant submitted to the Court copies of the above summonses certified by a notary public.", "21. The applicant did not receive any further summonses or communications from the Tushinskiy District Court.", "22. On 29 March 2000 the applicant sent a letter to the Tushinskiy District Court, requesting it to account for the delay in the proceedings. On 13 April 2000 the applicant’s letter was returned to him with a handwritten request to specify the date when the action had been lodged. The applicant wrote the date on the same letter and sent it back on 20 April 2000. No answer was received.", "23. The Government denied the applicant’s submission that the hearings had been listed for 8 June and 29 [sic] September 1998 as not supported with the case-file materials.", "24. According to them, the first hearing on the applicant’s claim was fixed for 22 October 1998. As the parties failed to appear, the hearing was adjourned until 26 November 1998. The applicant was advised of the new date and he received the summons on 30 November 1998.", "25. On 26 November 1998 the hearing was adjourned until 24 December 1998, as both parties were absent. The applicant received the notice about the adjournment on 21 December 1998.", "26. On 24 December 1998 the Tushinskiy District Court of Moscow left the applicant’s claim “without examination”, finding as follows:\n“The parties failed to appear twice, on 26 November and 24 December 1998; they were notified of the hearing date; the plaintiff does not ask for a default judgment, he did not produce the original documents and receipts, the copies submitted are not properly certified; the court does not consider it possible to examine the case on the basis of the materials in the file.”", "27. The decision indicated that an appeal lay to the city court against it within ten days.", "28. At the Court’s request, the Government enclosed a copy of the decision of 24 December 1998 with their additional observations of 19 April 2004.", "29. In support of their statements the Government produced the front and back pages of the case-file.", "30. The front page contains the name of the court, the names of the parties and the following handwritten notes:\n“Received:21 September 1998.Examined:22 October 1998 at 2.15 p.m.26 November 1998 at 2 p.m.24 December 1998 at 9.10 a.m.filed on 19 February 1999.”", "31. The back page contains the following handwritten notes:\n“Summons for 26 November 1998Summons for 24 December 1998[Copy of the decision sent] to the plaintiff on 19 February 199924 February 1999 – Archive.”" ]

[ 3 ]

[ "8. The applicant was born in 1934 and lives in Königstein, Germany.", "9. On 23 October 1990 a criminal charge was laid against the applicant, accusing him of tax evasion. On 8 January 1991 the Frankfurt/Main Tax Office instituted criminal proceedings against the applicant and informed him accordingly on 10 January 1991. These proceedings were eventually extended to the suspicion of fraud to the detriment of the joint owners of a plot of land and fraudulent breach of trust (Untreue) to the detriment of the city of Königstein by the Frankfurt/Main Public Prosecutor’s Office. The applicant, a civil servant, was subsequently suspended from office, and his salary was reduced.", "10. On 5 March 1991 the competent public prosecutor at Königstein applied for a search warrant concerning the office of a notary at the Königstein District Court. A (modified) search warrant was issued by the Königstein District Court on 24 April 1991 and the warrant was executed on 14 June 1991, when two documents were seized.", "11. Between 23 August 1991 and 26 March 1992 the Public Prosecutor’s Office granted access to the case files to the city of Königstein and the applicant’s counsel.", "12. From 26 March 1992 until 23 November 1992 the investigations were stayed by the Public Prosecutor’s Office in order to await the outcome of the disciplinary proceedings instituted by the city of Königstein against the applicant. The latter proceedings were then themselves stayed awaiting the outcome of the criminal proceedings.", "13. The hearing of the applicant as an accused by the Public Prosecutor’s Office was postponed from 10 February 1993 to 25 June 1993 upon the request of the applicant’s counsel.", "14. On 3 January 1994 the Frankfurt/Main Tax Office, after hearing two witnesses, made their closing comments regarding the investigations against the applicant. On 12 December 1994 the Prosecutor’s Office, after having ordered further investigations by the Frankfurt/Main Tax Office, issued an indictment charging the applicant with fraud, tax evasion and fraudulent breach of trust.", "15. On 10 October 1995, following three hearings in September and October 1995, the Frankfurt/Main District Court convicted the applicant of fraud, fraudulent breach of trust and tax evasion in accordance with the indictment. It sentenced him to two years and six months’ imprisonment. The District Court found that the applicant had, in his position as head of the municipal building office, deceived the joint owners of real estate as to the value of their property in order to induce them to sell it at a low price to a front man (Strohmann) working for him. He had enriched himself by, again via the front man, offering a part of this property to the municipality for an expansion of the local cemetery. The rest of the property had been sold on the open market.", "16. On 20 May 1996 the Frankfurt/Main Regional Court, following the applicant’s appeal and eight trial hearings in April and May 1996, in which some ten witnesses were heard, amended the District Court’s decision to the effect that it convicted the applicant of fraud and tax evasion, whereas it acquitted him of fraudulent breach of trust, and sentenced him to one year and nine months’ imprisonment suspended on probation. In its judgment comprising 30 pages, the Regional Court rejected the applicant’s request that an expert opinion be prepared on the actual value of the real estate involved, finding that such an opinion was unnecessary, as the Regional Court itself had sufficient knowledge of the matters before it.", "17. On 21 May 1996 the Public Prosecutor’s Office, and on 23 May 1996, the applicant appealed against this decision on points of law. On 6 December 1996 the Frankfurt/Main Court of Appeal received the case files together with the substantiation of the appeal by the Prosecutor’s Office and the defence counsel.", "18. On 28 November 1997 the Frankfurt/Main Court of Appeal, following a hearing, set aside the Regional Court’s decision. It found that the Regional Court should have ordered that an expert opinion be prepared on the value of the property concerned. The case was remitted to a different chamber of the Frankfurt/Main Regional Court.", "19. On 13 March 1998 the Regional Court ordered that an expert opinion on the value of the real estate concerned be prepared by the architect A. On 1 October 1998 the Regional Court received the expert opinion. On 5 May 1999 the applicant, in the first rehearing by the Frankfurt/Main Regional Court, requested that the proceedings be discontinued on account of their excessive length.", "20. On 15 June 1999 the Frankfurt/Main Regional Court, following nine hearings in May and June 1999, again convicted the applicant of fraud and tax evasion and sentenced him to one year and nine months’ imprisonment suspended on probation. In its judgment comprising 20 pages, it found that the length of proceedings did not warrant their discontinuance, as proceedings dealing with economic or tax-related offences were always time-consuming. Considering the complexity of the issues involved, the Regional Court did not find the phase of preliminary investigations or the overall length of proceedings excessively long, in particular as the applicant had not been detained at any time. It also noted that the applicant had himself prolonged the proceedings by lodging an appeal and insisting on an expert opinion. It found that the loss caused by the applicant’s fraud, following the expert opinion, had to be assessed to be even higher than presumed by the Regional Court in its first judgment on 20 May 1996. Therefore, the Regional Court considered that, despite the time which had elapsed since then, the sentence imposed by the Regional Court in its first judgment was not to be reduced.", "21. On 17 June 1999 the applicant appealed against this judgment on points of law, again requesting that the proceedings be discontinued because of their excessive length. On 18 January 2000 the Frankfurt/Main Court of Appeal received the case files together with the applicant’s substantiation of the appeal and the observations of the Public Prosecutor’s Office.", "22. On 24 March 2000 the Frankfurt/Main Court of Appeal confirmed the Regional Court’s decision and dismissed the applicant’s request to discontinue the proceedings on account of their allegedly excessive length.", "23. On 2 May 2000 the applicant lodged a constitutional complaint consisting of eight pages with the Federal Constitutional Court in which he complained about the allegedly excessive length of the proceedings before the German criminal courts, referring in particular to the delays caused by the Prosecutor’s Office and the Frankfurt/Main Regional Court and Court of Appeal. The applicant asserted that due to the delays in the proceedings, he had been suspended from office and his pension benefits had been reduced. He also complained about a loss of reputation.", "24. On 5 June 2000 (decision served on 15 June 2000) the Federal Constitutional Court refused to admit the applicant’s constitutional complaint. It found that the applicant had failed sufficiently to substantiate his complaint. He failed to produce the written submissions of the Public Prosecutor’s Office to the Court of Appeal, substantiating their appeal on points of law, from which the Federal Constitutional Court could have drawn further conclusions as to whether the applicant had himself sufficiently substantiated his appeal before the Court of Appeal. Furthermore, insofar as the applicant complained about the delays in the proceedings, he had in particular not specified which delays he considered to be attributable to the judicial organs and had not placed such delays in relation to the overall length of the proceedings. The Federal Constitutional Court also found that the applicant had failed to assess the seriousness of the criminal offences concerned, the complexity of the object of the proceedings, and the extent to which he has suffered damage on account of the length of the proceedings." ]

[ 3 ]

[ "8. The applicants, Helen Steel and David Morris, were born in 1965 and 1954 respectively and live in London.", "9. During the period with which this application is concerned, Ms Steel was at times employed as a part-time bar worker, earning approximately 65 pounds sterling (GBP) per week, and was at other times unwaged and dependent on income support. Mr Morris, a former postal worker, was unwaged and in receipt of income support. He was a single parent, responsible for the day-to-day care of his son, aged 4 when the trial began. At all material times the applicants were associated with London Greenpeace, a small group, unconnected to Greenpeace International, which campaigned principally on environmental and social issues.", "10. In the mid-1980s London Greenpeace began an anti-McDonald's campaign. In 1986 a six-page leaflet entitled “What's wrong with McDonald's?” (“the leaflet”) was produced and distributed as part of that campaign. It was last reprinted in early 1987.", "11. The first page of the leaflet showed a grotesque cartoon image of a man, wearing a Stetson and with dollar signs in his eyes, hiding behind a “Ronald McDonald” clown mask. Running along the top of pages 2 to 5 was a header comprised of the McDonald's “golden arches” symbol, with the words “McDollars, McGreedy, McCancer, McMurder, McDisease ...” and so forth superimposed on it.", "12. The text of page 2 of the leaflet read as follows (extract):\n“What's the connection between McDonald's and starvation in the 'Third World'?\nTHERE's no point feeling guilty about eating while watching starving African children on TV. If you do send money to Band Aid, or shop at Oxfam, etc., that's morally good but politically useless. It shifts the blame from governments and does nothing to challenge the power of multinational corporations.\nHUNGRY FOR DOLLARS\nMcDonald's is one of several giant corporations with investments in vast tracts of land in poor countries, sold to them by the dollar-hungry rulers (often military) and privileged elites, evicting the small farmers that live there growing food for their own people.\nThe power of the US dollar means that in order to buy technology and manufactured goods, poor countries are trapped into producing more and more food for export to the States. Out of 40 of the world's poorest countries, 36 export food to the USA – the wealthiest.\nECONOMIC IMPERIALISM\nSome 'Third World' countries, where most children are undernourished, are actually exporting their staple crops as animal feed – i.e. to fatten cattle for turning into burgers in the 'First World'. Millions of acres of the best farmland in poor countries are being used for our benefit – for tea, coffee, tobacco, etc. – while people there are starving. McDonald's is directly involved in this economic imperialism, which keeps most black people poor and hungry while many whites grow fat.\nGROSS MISUSE OF RESOURCES\nGRAIN is fed to cattle in South American countries to produce the meat in McDonald's hamburgers. Cattle consume 10 times the amount of grain and soy that humans do: one calorie of beef demands ten calories of grain. Of the 145 million tons of grain and soy fed to livestock, only 21 million tons of meat and by-products are used. The waste is 124 million tons a year at a value of 20 billion US dollars. It has been calculated that this sum would feed, clothe and house the world's entire population for one year.”\nThe first page of the leaflet also included a photograph of a woman and child, with the caption:\n“A typical image of 'Third World' poverty – the kind often used by charities to get 'compassion money'. This diverts attention from one cause: exploitation by multinationals like McDonald's.”\nThe second and third pages of the leaflet contained a cartoon image of a burger, with a cow's head sticking out of one side and saying “If the slaughterhouse doesn't get you” and a man's head sticking out of the other, saying “the junk food will!” Pages 3 to 5 read as follows:\n“FIFTY ACRES EVERY MINUTE\nEVERY year an area of rainforest the size of Britain is cut down or defoliated, and burnt. Globally, one billion people depend on water flowing from these forests, which soak up rain and release it gradually. The disaster in Ethiopia and Sudan is at least partly due to uncontrolled deforestation. In Amazonia – where there are now about 100,000 beef ranches – torrential rains sweep down through the treeless valleys, eroding the land and washing away the soil. The bare earth, baked by the tropical sun, becomes useless for agriculture. It has been estimated that this destruction causes at least one species of animal, plant or insect to become extinct every few hours.\nWhy is it wrong for McDonald's to destroy rainforests?\nAROUND the Equator there is a lush green belt of incredibly beautiful tropical forest, untouched by human development for one hundred million years, supporting about half of the Earth's life-forms, including some 30,000 plant species, and producing a major part of the planet's crucial supply of oxygen.\nPET FOOD AND LITTER\nMcDonald's and Burger King are two of the many US corporations using lethal poisons to destroy vast areas of Central American rainforest to create grazing pastures for cattle to be sent back to the States as burgers and pet food, and to provide fast-food packaging materials. (Don't be fooled by McDonald's saying they use recycled paper: only a tiny per cent of it is. The truth is it takes 800 square miles of forest just to keep them supplied with paper for one year. Tons of this end up littering the cities of 'developed' countries.)\nCOLONIAL INVASION\nNot only are McDonald's and many other corporations contributing to a major ecological catastrophe, they are forcing the tribal peoples in the rainforests off their ancestral territories where they have lived peacefully, without damaging their environment, for thousands of years. This is a typical example of the arrogance and viciousness of multinational companies in their endless search for more and more profit.\nIt's no exaggeration to say that when you bite into a Big Mac, you're helping McDonald's empire to wreck this planet.\nWhat's so unhealthy about McDonald's food?\nMcDONALD's try to show in their 'Nutrition Guide' (which is full of impressive-looking but really quite irrelevant facts and figures) that mass-produced hamburgers, chips, colas and milkshakes, etc., are a useful and nutritious part of any diet.\nWhat they don't make clear is that a diet high in fat, sugar, animal products and salt (sodium), and low in fibre, vitamins and minerals – which describes an average McDonald's meal – is linked with cancers of the breast and bowel, and heart disease. This is accepted medical fact, not a cranky theory. Every year in Britain, heart disease alone causes about 18,000 deaths.\nFAST = JUNK\nEven if they like eating them, most people recognise that processed burgers and synthetic chips, served up in paper and plastic containers, is junk-food. McDonald's prefer the name 'fast-food'. This is not just because it is manufactured and served up as quickly a possible – it has to be eaten quickly too. It's a sign of the junk-quality of Big Macs that people actually hold competitions to see who can eat one in the shortest time.\nPAYING FOR THE HABIT\nChewing is essential for good health, as it promotes the flow of digestive juices which break down the food and send nutrients into the blood. McDonald's food is so lacking in bulk it is hardly possible to chew it. Even their own figures show that a 'quarter-pounder' is 48% water. This sort of fake food encourages over-eating, and the high sugar and sodium content can make people develop a kind of addiction – a 'craving'. That means more profit for McDonald's, but constipation, clogged arteries and heart attacks for many customers.\nGETTING THE CHEMISTRY RIGHT\nMcDONALD's stripy staff uniforms, flashy lighting, bright plastic décor, 'Happy Hats' and muzak, are all part of the gimmicky dressing-up of low-quality food which has been designed down to the last detail to look and feel and taste exactly the same in any outlet anywhere in the world. To achieve this artificial conformity, McDonald's require that their 'fresh lettuce leaf', for example, is treated with twelve different chemicals just to keep it the right colour at the right crispness for the right length of time. It might as well be a bit of plastic.\nHow do McDonald's deliberately exploit children?\nNEARLY all McDonald's advertising is aimed at children. Although the Ronald McDonald 'personality' is not as popular as their market researchers expected (probably because it is totally unoriginal), thousands of young children now think of burgers and chips every time they see a clown with orange hair.\nTHE NORMALITY TRAP\nNo parent needs to be told how difficult it is to distract a child from insisting on a certain type of food or treat. Advertisements portraying McDonald's as a happy, circus-like place where burgers and chips are provided for everybody at any hour of the day (and late at night), traps children into thinking they aren't 'normal' if they don't go there too. Appetite, necessity and – above all – money, never enter into the 'innocent' world of Ronald McDonald.\nFew children are slow to spot the gaudy red and yellow standardised frontages in shopping centres and high streets throughout the country. McDonald's know exactly what kind of pressure this puts on people looking after children. It's hard not to give in to this 'convenient' way of keeping children 'happy', even if you haven't got much money and you try to avoid junk-food.\nTOY FOOD\nAs if to compensate for the inadequacy of their products, McDonald's promote the consumption of meals as a 'fun event'. This turns the act of eating into a performance, with the 'glamour' of being in a McDonald's ('Just like it is in the ads!') reducing the food itself to the status of a prop.\nNot a lot of children are interested in nutrition, and even if they were, all the gimmicks and routines with paper hats and straws and balloons hide the fact that the food they're seduced into eating is at best mediocre, at worst poisonous – and their parents know it's not even cheap.\nRONALD'S DIRTY SECRET\nONCE told the grim story about how hamburgers are made, children are far less ready to join in Ronald McDonald's perverse antics. With the right prompting, a child's imagination can easily turn a clown into a bogeyman (a lot of children are very suspicious of clowns anyway). Children love a secret, and Ronald's is especially disgusting.\nIn what way are McDonald's responsible for torture and murder?\nTHE menu at McDonald's is based on meat. They sell millions of burgers every day in 35 countries throughout the world. This means the constant slaughter, day by day, of animals born and bred solely to be turned into McDonald's products.\nSome of them – especially chickens and pigs – spend their lives in the entirely artificial conditions of huge factory farms, with no access to air or sunshine and no freedom of movement. Their deaths are bloody and barbaric.\nMURDERING A BIG MAC\nIn the slaughterhouse, animals often struggle to escape. Cattle become frantic as they watch the animal before them in the killing-line being prodded, beaten, electrocuted and knifed.\nA recent British government report criticised inefficient stunning methods which frequently result in animals having their throats cut while still fully conscious. McDonald's are responsible for the deaths of countless animals by this supposedly humane method.\nWe have the choice to eat meat or not. The 450 million animals killed for food in Britain every year have no choice at all. It is often said that after visiting an abattoir, people become nauseous at the thought of eating flesh. How many of us would be prepared to work in a slaughterhouse and kill the animals we eat?\nWHAT'S YOUR POISON?\nMEAT is responsible for 70% of all food-poisoning incidents, with chicken and minced meat (as used in burgers) being the worst offenders. When animals are slaughtered, meat can be contaminated with gut contents, faeces and urine, leading to bacterial infection. In an attempt to counteract infection in their animals, farmers routinely inject them with doses of antibiotics. These, in addition to growth-promoting hormone drugs and pesticide residues in their feed, build up in the animals' tissues and can further damage the health of people on a meat-based diet.\nWhat's it like working for McDonald's?\nTHERE must be a serious problem: even though 80% of McDonald's workers are part-time, the annual staff turnover is 60% (in the USA it's 300%). It's not unusual for their restaurant workers to quit after just four or five weeks. The reasons are not hard to find.\nNO UNIONS ALLOWED\nWorkers in catering do badly in terms of pay and conditions. They are at work in the evenings and at weekends, doing long shifts in hot, smelly, noisy environments. Wages are low and chances of promotion minimal.\nTo improve this through Trade Union negotiation is very difficult: there is no union specifically for these workers, and the ones they could join show little interest in the problems of part-timers (mostly women). A recent survey of workers in burger-restaurants found that 80% said they needed union help over pay and conditions. Another difficulty is that the 'kitchen trade' has a high proportion of workers from ethnic minority groups who, with little chance of getting work elsewhere, are wary of being sacked – as many have been – for attempting union organisation.\nMcDonald's have a policy of preventing unionisation by getting rid of pro-union workers. So far this has succeeded everywhere in the world except Sweden, and in Dublin after a long struggle.\nTRAINED TO SWEAT\nIt's obvious that all large chain-stores and junk-food giants depend for their fat profits on the labour of young people. McDonald's is no exception: three-quarters of its workers are under 21. The production-line system deskills the work itself: anybody can grill a hamburger, and cleaning toilets or smiling at customers needs no training. So there is no need to employ chefs or qualified staff – just anybody prepared to work for low wages.\nAs there is no legally-enforced minimum wage in Britain, McDonald's can pay what they like, helping to depress wage levels in the catering trade still further. They say they are providing jobs for school-leavers and take them on regardless of sex or race. The truth is McDonald's are only interested in recruiting cheap labour – which always means that disadvantaged groups, women and black people especially, are even more exploited by industry than they are already.”\nThe leaflet continued, on pages 5 and 6, with a number of proposals and suggestions for change, campaigning and activity, and information about London Greenpeace.", "13. Because London Greenpeace was not an incorporated body, no legal action could be taken directly against it. Between October 1989 and January or May 1991, UK McDonald's hired seven private investigators from two different firms to infiltrate the group with the aim of finding out who was responsible for writing, printing and distributing the leaflet and organising the anti-McDonald's campaign. The inquiry agents attended over forty meetings of London Greenpeace, which were open to any member of the public who wished to attend, and other events such as “fayres” and public, fund-raising occasions. McDonald's subsequently relied on the evidence of some of these agents at trial to establish that the applicants had attended meetings and events and been closely involved with the organisation during the period when the leaflet was being produced and distributed.", "14. On 20 September 1990 McDonald's Corporation (“US McDonald's”) and McDonald's Restaurants Limited (“UK McDonald's”), together referred to herein as “McDonald's”, issued a writ against the applicants and three others, claiming damages of up to GBP 100,000 for libel caused by the alleged publication by the defendants of the leaflet. McDonald's withdrew proceedings against the three other defendants, in exchange for their apology for the contents of the leaflet.", "15. The applicants denied publication, denied that the words complained of had the meanings attributed to them by McDonald's and denied that all or some of the meanings were capable of being defamatory. Further, they contended, in the alternative, that the words were substantially true or else were fair comment on matters of fact.", "16. The applicants applied for legal aid but were refused it on 3 June 1992, because legal aid was not available for defamation proceedings in the United Kingdom. They therefore represented themselves throughout the trial and appeal. Approximately GBP 40,000 was raised by donation to assist them (for example, to pay for transcripts: see paragraph 20 below), and they received some help from barristers and solicitors acting pro bono: thus, their initial pleadings were drafted by lawyers, they were given some advice on an ad hoc basis, and they were represented during five of the pre-trial hearings and on three occasions during the trial, including the appeal to the Court of Appeal against the trial judge's grant of leave to McDonald's to amend the statement of claim (see paragraph 24 below). They submitted, however, that they were severely hampered by lack of resources, not just in the way of legal advice and representation, but also when it came to administration, photocopying, note-taking, and the tracing, preparation and payment of the costs and expenses of expert and factual witnesses. Throughout the proceedings McDonald's were represented by leading and junior counsel, experienced in defamation law, and by one or two solicitors and other assistants.", "17. In March 1994 UK McDonald's produced a press release and leaflet for distribution to their customers about the case, entitled “Why McDonald's is going to Court”. In May 1994 they produced a document called “Libel Action – Background Briefing” for distribution to the media and others. These documents included, inter alia, the allegation that the applicants had published a leaflet which they knew to be untrue, and the applicants counter-claimed for damages for libel from UK McDonald's.", "18. Before the start of the trial there were approximately twenty-eight interim applications, involving various issues of law and fact, some lasting as long as five days. For example, on 21 December 1993 the trial judge, Mr Justice Bell (“Bell J”), ruled that the action should be tried by a judge alone rather than a judge and jury, because it would involve the prolonged examination of documents and expert witnesses on complicated scientific matters. This ruling was upheld by the Court of Appeal on 25 March 1994, after a hearing at which the applicants were represented pro bono.", "19. The trial took place before Bell J between 28 June 1994 and 13 December 1996. It lasted for 313 court days, of which 40 were taken up with legal argument, and was the longest trial (either civil or criminal) in English legal history. Transcripts of the trial ran to approximately 20,000 pages; there were about 40,000 pages of documentary evidence; and, in addition to many written witness statements, 130 witnesses gave oral evidence – 59 for the applicants, 71 for McDonald's. Ms Steel gave evidence in person but Mr Morris chose not to.", "20. The applicants were unable to pay for daily transcripts of the proceedings, which cost approximately GBP 750 per day, or GBP 375 if split between the two parties. McDonald's paid the fee, and initially provided the applicants with free copies of the transcripts. However, McDonald's stopped doing this on 3 July 1995, because the applicants refused to undertake to use the transcripts only for the purposes of the trial, and not to publicise what had been said in court. The trial judge refused to order McDonald's to supply the transcripts in the absence of the applicants' undertaking, and this ruling was upheld by the Court of Appeal. Thereafter, the applicants, using donations from the public, purchased transcripts at reduced cost (GBP 25 per day), twenty-one days after the evidence had been given. They submit that, as a result, and without sufficient helpers to take notes in court, they were severely hampered in their ability to examine and cross-examine witnesses effectively.", "21. During the trial, Mr Morris faced an unconnected action brought against him by the London Borough of Haringey relating to possession of a property. Mr Morris signed an affidavit (“the Haringey affidavit”) in support of his application to have those proceedings stayed until the libel trial was over, in which he stated that the libel action had arisen “from leaflets we had produced concerning, inter alia, nutrition of McDonald's food ...”. McDonald's applied for this affidavit to be adduced as evidence in the libel trial as an admission against interest on publication by Mr Morris, and Bell J agreed to this request. Mr Morris objected that the affidavit should have read “allegedly produced” but that there had been a mistake on the part of his solicitor. The solicitor confirmed in writing to the court that the second applicant had instructed her to correct the affidavit, but that she had not done so because the error had not been material to the Haringey proceedings. The applicants submitted that they assumed that the solicitor's letter would be admitted in evidence, and that Bell J did not warn them that it was inadmissible until the closure of evidence, so that they did not realise they needed to adduce further evidence to explain the mistake. The applicants' appeal to the Court of Appeal against Bell J's admission of the affidavit was refused on 25 March 1996.", "22. On 20 November 1995, Bell J ruled on the meaning of the paragraph in the leaflet entitled “What's so unhealthy about McDonald's food?”, finding that this part of the leaflet bore the meaning\n“... that McDonald's food is very unhealthy because it is high in fat, sugar, animal products and salt (sodium), and low in fibre, vitamins and minerals, and because eating it may well make your diet high in fat, sugar, animal products and salt (sodium), and low in fibre, vitamins and minerals, with the very real risk that you will suffer cancer of the breast or bowel or heart disease as a result; that McDonald's know this but they do not make it clear; that they still sell the food, and they deceive customers by claiming that their food is a useful and nutritious part of any diet”.", "23. The applicants appealed to the Court of Appeal against this ruling, initially relying on seven grounds of appeal. However, the day before the hearing on 2 April 1996 before the Court of Appeal, Ms Steel gave notice on behalf of both applicants that they were withdrawing six of the seven grounds, and now wished solely to raise the issue whether the trial judge had been wrong in determining a meaning which was more serious than that pleaded by McDonald's in their statement of claim. The applicants submitted that they withdrew the other grounds of appeal relating to the meaning of this part of the leaflet because lack of time and legal advice prevented them from fully pursuing them. They mistakenly believed that it would remain open to them to raise these matters again at a full appeal after the conclusion of the trial. The Court of Appeal decided against the applicants on the remaining single ground, holding that the meaning given to this paragraph by the judge was less severe than that pleaded by McDonald's.", "24. In the light of the Haringey affidavit, McDonald's sought permission from the court to amend their statement of claim to allege that the applicants had been involved in the production of the leaflet and to allege publication dating back to September 1987. The applicants objected that such an amendment so late in the trial would be unduly prejudicial. However, on 26 April 1996 Bell J gave permission to McDonald's for the amendments; the applicants were allowed to amend their defence accordingly.", "25. Before the trial, the applicants had sought an order that McDonald's disclose the notes made by their enquiry agents; McDonald's had responded that there were no notes. During the course of the trial, however, it emerged that the notes did exist. The applicants applied for disclosure, which was opposed by McDonald's on the ground that the notes were protected by legal professional privilege. On 17 June 1996 Bell J ruled that the notes should be disclosed, but with those parts which did not relate to matters contained in the witness statements or oral evidence of the enquiry agents deleted.", "26. When all the evidence had been adduced, Bell J deliberated for six months before delivering his substantive 762-page judgment on 19 June 1997.\nOn the basis, principally, of the Haringey affidavit and the evidence of McDonald's enquiry agents, he found that the second applicant had participated in the production of the leaflet in 1986, at the start of London Greenpeace's anti-McDonald's campaign, although the precise part he played could not be identified. Mr Morris had also taken part in the leaflet's distribution. Having assessed the evidence of a number of witnesses, including Ms Steel herself, he found that her involvement had begun in early 1988 and took the form of participation in London Greenpeace's activities, sharing its anti-McDonald's aims, including distribution of the leaflet. The judge found that the applicants were responsible for the publication of “several thousand” copies of the leaflet. It was not found that this publication had any impact on the sale of McDonald's products. He also found that the London Greenpeace leaflet had been reprinted word for word in a leaflet produced in 1987 and 1988 by an organisation based in Nottingham called Veggies Ltd. McDonald's had threatened libel proceedings against Veggies Ltd, but had agreed a settlement after Veggies rewrote the section in the leaflet about the destruction of the rainforest and changed the heading “In what way are McDonald's responsible for torture and murder?” to read “In what way are McDonald's responsible for the slaughtering and butchering of animals?”.", "27. Bell J summarised his findings as to the truth or otherwise of the allegations in the leaflet as follows:\n“In summary, comparing my findings with the defamatory messages in the leaflet, of which the Plaintiffs actually complained, it was and is untrue to say that either Plaintiff has been to blame for starvation in the Third World. It was and is untrue to say that they have bought vast tracts of land or any farming land in the Third World, or that they have caused the eviction of small farmers or anyone else from their land.\nIt was and is untrue to say that either Plaintiff has been guilty of destruction of rainforest, thereby causing wanton damage to the environment.\nIt was and is untrue to say that either of the Plaintiffs have used lethal poisons to destroy vast areas or any areas of Central American rainforest, or that they have forced tribal people in the rainforest off their ancestral territories.\nIt was and is untrue to say that either Plaintiff has lied when it has claimed to have used recycled paper.\nThe charge that McDonald's food is very unhealthy because it is high in fat, sugar, animal products and salt (sodium), and low in fibre, vitamins and minerals, and because eating it more than just occasionally may well make your diet high in fat, sugar, animal products and salt (sodium), and low in fibre, vitamins and minerals, with the very real, that is to say serious or substantial risk that you will suffer cancer of the breast or bowel or heart disease as a result, and that McDonald's know this but they do not make it clear, is untrue. However, various of the First and Second Plaintiffs' advertisements, promotions and booklets have pretended to a positive nutritional benefit which McDonald's food, high in fat and saturated fat and animal products and sodium, and at one time low in fibre, did not match.\nIt was true to say that the Plaintiffs exploit children by using them as more susceptible subjects of advertising, to pressurise their parents into going into McDonald's. Although it was true to say that they use gimmicks and promote the consumption of meals at McDonald's as a fun event, it was not true to say that they use the gimmicks to cover up the true quality of their food or that they promote them as a fun event when they know that the contents of their meals could poison the children who eat them.\nAlthough some of the particular allegations made about the rearing and slaughter of animals are not true, it was true to say, overall, that the Plaintiffs are culpably responsible for cruel practices in the rearing and slaughter of some of the animals which are used to produce their food.\nIt was and is untrue that the Plaintiffs sell meat products which, as they must know, expose their customers to a serious risk of food poisoning.\nThe charge that the Plaintiffs provide bad working conditions has not been justified, although some of the Plaintiffs' working conditions are unsatisfactory. The charge that the Plaintiffs are only interested in recruiting cheap labour and that they exploit disadvantaged groups, women and black people especially as a result, has not been justified. It was true to say that the Second Plaintiff [UK McDonald's] pays its workers low wages and thereby helps to depress wages for workers in the catering trade in Britain, but it has not been proved that the First Plaintiff [US McDonald's] pays its workers low wages. The overall sting of low wages for bad working conditions has not been justified.\nIt was and is untrue that the Plaintiffs have a policy of preventing unionisation by getting rid of pro-union workers.”", "28. As regards the applicants' counter-claim, Bell J found that McDonald's allegation that the applicants had lied in the leaflet had been unjustified, although they had been justified in alleging that the applicants had wrongly sought to deny responsibility for it. He held that the unjustified remarks had not been motivated by malice, but had been made in a situation of qualified privilege because McDonald's had been responding to vigorous attacks made on them in the leaflet, and he therefore entered judgment for McDonald's on the counter-claim also.", "29. The judge awarded US McDonald's GBP 30,000 damages and UK McDonald's a further GBP 30,000. Mr Morris was severally liable for the whole GBP 60,000, and Mr Morris and Ms Steel were to be jointly and severally liable for a total of GBP 55,000 (GBP 27,500 in respect of each plaintiff). McDonald's did not ask for an order that the applicants pay their costs.", "30. The applicants appealed to the Court of Appeal on 3 September 1997. The hearing (before Lord Justices Pill and May and Mr Justice Keene) began on 12 January 1999 and lasted 23 days, and on 31 March 1999 the court delivered its 301-page judgment.", "31. The applicants challenged a number of Bell J's decisions on general grounds of law, and contended as follows:\n“(a) [McDonald's] had no right to maintain an action for defamation because:\n– [US McDonald's] is a 'multinational' and [US and UK McDonald's] are each a public corporation which has (or should have) no right at common law to bring an action for defamation on the public policy ground that in a free and democratic society such corporations must always be open to unfettered scrutiny and criticism, particularly on issues of public interest;\n– the right of corporations such as [McDonald's] to maintain an action for defamation is not 'clear and certain' as the judge held ... The law is on the contrary uncertain, developing or incomplete ... Accordingly the judge should have considered and applied Article 10 of the European Convention on Human Rights ...\n(b) The judge was wrong to hold that [McDonald's] need [not] prove any particular financial loss or special damage provided that damage to its good will was likely.\n(c) The judge should have held that the burden was on [McDonald's] to prove that the matters complained of by them were false.\n(d) The judge was wrong to hold that, to establish a defence of justification, the [applicants] had to prove that the defamatory statements were true. The rule should be disapplied in the light of Article 10 of the ECHR.\n(e) It should be a defence in English law to defamation proceedings that the defendant reasonably believed that the words complained of were true.\n(f) There should be a defence in English law of qualified privilege for a publication concerning issues of public importance and interest relating to public corporations such as [McDonald's].\n(g) The judge should have held that the publication of the leaflet was on occasions of qualified privilege because it was a reasonable and legitimate response to an actual or perceived attack on the rights of others, in particular vulnerable sections of society who generally lack the means to defend themselves adequately (e.g. children, young workers, animals and the environment) which the [applicants] had a duty to make and the public an interest to hear.”", "32. The Court of Appeal rejected these submissions.\nOn point (a), it held that commercial corporations had a clear right under English law to sue for defamation, and that there was no principled basis upon which a line might be drawn between strong corporations which should, according to the applicants, be deprived of this right, and weaker corporations which might require protection from unjustified criticism.\nIn dismissing ground (b), it held that, as with an individual plaintiff, there was no obligation on a company to show that it had suffered actual damage, since damage to a trading reputation might be as difficult to prove as damage to the reputation of an individual, and might not necessarily cause immediate or quantifiable loss. A corporate plaintiff which showed that it had a reputation within the jurisdiction and that the defamatory publication was apt to damage its goodwill thus had a complete cause of action capable of leading to a substantial award of damages.\nOn grounds (c) and (d), the applicants' submissions were contrary to clearly established English law, which stated that a publication shown by a plaintiff to be defamatory was presumed to be false until proved otherwise, and that it was for the defendants to prove the truth of statements presented as assertions of fact. Moreover, the court found some general force in McDonald's submission that in the instant case they had in fact largely accepted the burden of proving the falsity of the parts of the leaflet on which they had succeeded.\nDismissing grounds (e) to (g), the court observed that a defence of qualified privilege did exist under English law, but only where (i) the publisher acted under a legal, moral or social duty to communicate the information; (ii) the recipient of the information had an interest in receiving it; and (iii) the nature, status and source of the material and the circumstances of the publication were such that the publication should be protected in the public interest in the absence of proof of malice. The court accepted that there was a public interest in receiving information about the activities of companies and that the duty to publish was not confined to the mainstream media but could also apply to members of campaign groups, such as London Greenpeace. However, to satisfy the test, the duty to publish had to override the requirement to verify the facts. Privilege was more likely to be extended to a publication that was balanced, properly researched, in measured tones and based on reputable sources. In the instant case, the leaflet “did not demonstrate that care in preparation and research, or reference to sources of high authority or status, as would entitle its publishers to the protection of qualified privilege”.\nEnglish law provided a proper balance between freedom of expression and the protection of reputation and was not inconsistent with Article 10 of the Convention. Campaign groups could perform a valuable role in public life, but they should be able to moderate their publications so as to attract a defence of fair comment without detracting from any stimulus to public discussion which the publication might give. The relaxation of the law contended for would open the way for “partisan publication of unrestrained and highly damaging untruths”, and there was a pressing social need “to protect particular corporate business reputations, upon which the well-being of numerous individuals may depend, from such publications”.", "33. The Court of Appeal further rejected the applicants' contention that the appeal should be allowed on the basis that the action was an abuse of process or that the trial was conducted unfairly, observing as follows:\n“Litigants in person who bring or contest a High Court action are inevitably undertaking a strenuous and burdensome task. This action was complex and the legal advice available to the [applicants] was, because of lack of funds, small in extent. We accept that the work required of the [applicants] at trial was very considerable and had to be done in an environment which, at least initially, was unfamiliar to them.\nAs a starting-point, we cannot however hold it to be an abuse of process in itself for plaintiffs with great resources to bring a complicated case against unrepresented defendants of slender means. Large corporations are entitled to bring court proceedings to assert or defend their legal rights just as individuals have the right to bring actions and defend them. ...\nMoreover the proposition that the complexity of the case may be such that a judge ought to stop the trial on that ground cannot be accepted. The rule of law requires that rights and duties under the law are determined. ...\nAs to the conduct of the trial, we note that the 313 hearing days were spread over a period of two and a half years. The timetable had proper regard to the fact that the [applicants] were unrepresented and to their other difficulties. They were given considerable time to prepare their final submissions to which they understandably attached considerable importance and which were of great length. For the purpose of preparing closing submissions, the [applicants] had possession of a full transcript of the evidence given at the trial. The fact that, for a part of the trial, the [applicants] did not receive transcripts of evidence as soon as they were made does not render the trial unfair. Quite apart from the absence of an obligation to provide a transcript, there is no substantial evidence that the [applicants] were in the event prejudiced by delay in receipt of daily transcripts during a part of the trial.\nOn the hearing of the appeal, we have been referred to many parts of the transcripts of evidence and submissions and have looked at other parts on our own initiative. On such references, we have invariably been impressed by the care, patience and fairness shown by the judge. He was well aware of the difficulties faced by the [applicants] as litigants in person and had full regard to them in his conduct of the trial. The [applicants] conducted their case forcefully and with persistence as they have in this Court. Of course the judge listened to submissions from the very experienced leading counsel appearing for [McDonald's] but the judge applied his mind robustly and fairly to the issues raised. This emerges from the transcripts and from the judgment he subsequently handed down. The judge was not slow to criticise [McDonald's] in forthright terms when he thought their conduct deserved it. Moreover, it appears to us that the [applicants] were shown considerable latitude in the manner in which they presented their case and in particular in the extent to which they were often permitted to cross-examine witnesses at great length.\n... [We] are quite unpersuaded that the appeal, or any part of it, should be allowed on the basis that the action was an abuse of the process of the Court or that the trial was conducted unfairly.”", "34. The applicants also challenged a number of Bell J's findings about the content of the leaflet, and the Court of Appeal found in their favour on several points, summarised as follows:\n“On the topic of nutrition, the allegation that eating McDonald's food would lead to a very real risk of cancer of the breast and of the bowel was not proved. On pay and conditions we have found that the defamatory allegations in the leaflet were comment.\nIn addition to the charges found to be true by the judge – the exploiting of children by advertising, the pretence by the respondents that their food had a positive nutritional benefit, and McDonald's responsibility for cruel practices in the rearing and slaughtering of some of the animals used for their products – the further allegation that, if one eats enough McDonald's food, one's diet may well become high in fat etc., with the very real risk of heart disease, was justified. ...”", "35. The Court of Appeal therefore reduced the damages payable to McDonald's, so that Ms Steel was now liable for a total of GBP 36,000 and Mr Morris for a total of GBP 40,000. It refused the applicants leave to appeal to the House of Lords.", "36. On 21 March 2000 the Appeal Committee of the House of Lords also refused the applicants leave to appeal." ]

[ 6, 3 ]

[ "7. The applicant was born in 1964 and lives in the Hüüru village, Harju County.", "8. On 14 February 1998 the Pärnu police took the applicant into custody on suspicion of having committed burglary. On 16 February 1998 the applicant was released from custody, but was subjected to another preventive measure in the form of a ban on leaving his place of residence.", "9. On 19 February 1998 the applicant was re-arrested on suspicion of two further acts of burglary, one of which had been committed the same day.", "10. On 20 February 1998 the applicant was charged with three counts of burglary and the police investigator requested the Pärnu City Court (Pärnu Linnakohus) to apply the preventive custody measure until 20 April 1998. The investigator noted that the applicant had no fixed residence and considered that he could, if released, continue to commit offences, evade investigation and abscond.\nThe applicant stated in writing that he did not wish to participate in the hearing before the City Court concerning the investigator's request and that he did not consider the presence of his lawyer there necessary either.\nOn the same day, i.e., 20 February 1998, the City Court authorised the applicant's detention until 20 March 1998.", "11. In March 1998 the applicant was charged with additional counts of burglary, committed together with two minors.", "12. On 20 March 1998 the investigator applied for an extension of the applicant's detention. Having noted that the applicant had been charged with additional crimes, that he had no fixed residence or place of work and that he had two prior criminal convictions, the investigator found that the applicant could, while at liberty, re-offend, evade investigation and flee. The investigator also noted that the applicant had confessed to the charges.\nThe applicant did not wish to participate in the hearing before the City Court, which allowed the investigator's request and prolonged the applicant's detention until 20 April 1998.\nOn 17 April 1998 the City Court granted the investigator's request to prolong the applicant's detention further until 20 June 1998. The request was based on reasons which were similar to those contained in the previous request. The applicant again had stated that he did not wish to attend the hearing on the extension of his custody.\nOn 18 June 1998 the applicant's detention was prolonged by the City Court for the third time at the request of the investigator who relied on his earlier arguments. The extension was valid until 20 August 1998.", "13. On 19 August 1998 the City Court held a hearing on the further prolongation of the applicant's detention. It heard the applicant and his lawyer as well as the investigator. It rejected the applicant's request to be released and extended his detention until 20 September 1998. The court found that the applicant had no place of residence, family or work. If released, he could continue committing offences in order to support himself, and also evade investigation.", "14. On 1 September 1998 the investigator drew up a final indictment which included an additional charge of inducing minors to participate in a crime.", "15. On 18 September 1998 the City Court held a hearing to decide on the investigator's request to extend the applicant's detention until 20 November 1998 having regard to the large volume of the criminal case. The applicant and his lawyer, who both took part in the hearing, objected to the request. The City Court decided to allow the request and to extend the applicant's detention. It noted that the applicant had prior criminal convictions and that he had no place of residence or work. He had been charged with several offences for which he could be sentenced to imprisonment. There was thus reason to believe that he could abscond or commit new offences, if released.", "16. On 20 November 1998 the City Court heard the applicant and his lawyer on the sixth application by the investigator to extend the applicant's detention. Noting again that the applicant had no place of residence, work or family to support him, it decided to prolong his detention until 20 January 1999.", "17. On 18 January 1999 the investigator filed another request to extend the applicant's custody term until 20 February 1999, i.e. 12 months in total. The applicant did not wish to be present at the examination of this request before the City Court, which found the request substantiated and allowed it for reasons similar to those in its previous decisions.", "18. On 12 February 1999 the applicant and his lawyer were acquainted with the results of the preliminary investigation of the criminal case. Three days later the public prosecutor approved the bill of indictment and the case was sent to the City Court for trial.", "19. By a decision of 18 February 1999 the City Court, having reviewed the case-file from the prosecution, committed the applicant for trial. In respect of detention it was ordered in the decision: “To leave unchanged the preventive custody measure chosen with respect to the accused at trial.” The decision did not specify until when the applicant had to be kept in detention. The court relied on the relevant provisions, including Article 189, of the Code of Criminal Procedure. The applicant did not receive a copy of the court decision, but was notified by the public prosecutor of the renewal of his detention on 22 February 1999.", "20. On 22 February 1999 the applicant complained to the City Court that he was dissatisfied with the investigator who had refused to arrange his confrontation with witnesses. He considered that the investigation had been incomplete and asked the court to send the case back to the relevant authority.", "21. On 15 March 1999 the applicant filed another complaint with the City Court, arguing that his detention after 20 February 1999 was unlawful and requesting his release from custody. He submitted that under the Code of Criminal Procedure (Article 73 § 6) notification of a prolongation of detention should reach the place of detention before the expiry of the previous order. He, however, received the notification only on 22 February 1999.", "22. At the hearing before the City Court on 31 March 1999 the applicant pleaded guilty to the charges of burglary, but denied that he had induced two minors, M.T. and R.P., to participate in his criminal activity. The court heard five witnesses, including M.T. and R.P. By a judgment given on the same day it convicted the applicant on five counts of burglary under Article 139 § 2 of the Criminal Code as well as on the charge of inducing minors to participate in his crime, under Article 202 of the Code, and sentenced him to 2 years' imprisonment. The judgment did not mention the applicant's request for release or the continuation of the preventive custody measure.", "23. On 15 April 1999 the applicant filed an appeal against the judgment with the Tallinn Court of Appeal (Tallinna Ringkonnakohus) in which he disputed his conviction under Article 202 of the Criminal Code. He also complained that the investigator had refused his request to conduct a confrontation with his accomplices M.T and R.P., and asked the appeal court to hear witness R.J., without indicating any reasons for his request.\nThe applicant further applied for release from custody and submitted that his continued detention after 20 February 1999 was unlawful.", "24. On 23 April 1999 the Court of Appeal informed the applicant of the date of its preliminary hearing, noting that his presence was mandatory.", "25. On 28 April 1999, after a preliminary hearing which the applicant did not attend, the Court of Appeal quashed the judgment of the City Court on procedural grounds and remitted the case to it for a new consideration with a different composition. It found that the lower court judgment was not reasoned and that its hearing records were incomprehensible. Moreover, as the applicant suffered from a mental handicap, it was necessary to have a psychiatric expert opinion on his mental state. Neither the decision nor the minutes of the hearing made reference to the applicant's request for release or dealt with the issue of detention pending final conviction and sentence.", "26. On 6 May 1999 the applicant wrote to the City Court asking it, without specifying the reasons, to call his witness R.J. He also informed the City Court that in his view he had the right to be released.\nThe following day the applicant filed an appeal against the Court of Appeal's decision of 28 April 1999 with the Supreme Court, submitting that neither the City Court nor the Court of Appeal had indicated on what ground he was being detained. He argued that the maximum time-limit of one year for pre-trial detention, stipulated in Article 74 of the Code of Criminal Procedure, expired on 19 or 20 February 1999 and that his continued detention was unlawful. He also requested his release from custody.", "27. At the hearing before the Supreme Court on 8 June 1999, where the applicant was not present, the defence lawyer maintained the applicant's appeal and submitted, in addition, that the applicant had not been aware of the prolongation of his detention by a decision of the City Court of 18 February 1999 as a copy of the decision had not been sent to him.", "28. By a decision of 8 June 1999 the Supreme Court dismissed the appeal. It considered that the time-limit of one year for pre-trial detention under Article 74 of the Code of Criminal Procedure had not been exceeded. The applicant had been taken into custody on 19 February 1998 and on 18 February 1999 he was committed for trial and ordered to remain in custody. In response to the defence lawyer's argument, the Supreme Court stated that, according to Article 202 § 1 of the Code of Criminal Procedure, a copy of the court decision committing the accused for trial was to be sent to the person only if the court changed a preventive measure – which was not the applicant's case. The applicant, however, had the opportunity to consult the decision in his criminal case-file.\nThe Supreme Court noted that, in remitting the case back to the first instance court, the Court of Appeal should have indicated, for the sake of clarity, that the preventive custody measure in respect of the applicant remained in force. Nonetheless, the absence of that indication did not render the applicant's detention unlawful. In sending the case back for a new consideration, the Court of Appeal restored the procedural stage which came about following the applicant's committal for trial on 18 February 1999. This situation also involved the preventive custody measure applied in respect of the applicant on the same day.", "29. On 31 August 1999 the medical experts established that the applicant was not of unsound mind or suffering from a mental disease, and was capable of understanding and controlling his actions.", "30. On 5 October 1999 the City Court held a new hearing on the applicant's case. It heard 4 witnesses, including M.T and R.P. The applicant requested that an additional witness, L.M., be called to testify. The witness could provide information on the applicant's place of residence after 16 February 1998. The court rejected the request on the ground that the testimony of the proposed witness was irrelevant. The applicant had already submitted that at that time he was living at L.M.'s place and the court had sufficient evidence to decide on the case.", "31. By a judgment of 5 October 1999 the City Court, having analysed the evidence in the case, including the testimonies of witnesses, found the applicant guilty as charged and sentenced him to 2 years and 6 months' imprisonment. It left unchanged the preventive custody measure applied to him, without putting forward any specific reasons for that.", "32. In his appeal to the Court of Appeal, filed on 13 October 1999, the applicant submitted that his conviction under Article 202 of the Criminal Code of inducing minors to participate in burglary was based on insufficient evidence. He referred to the inability to confront the two minors during the preliminary investigation and asked the appeal court to hear his witness L.M. The applicant further disputed the lawfulness of his detention after 19 February 1999 and claimed that he had not received adequate replies to this question. He also demanded his release.", "33. On 29 November 1999 the Tallinn Court of Appeal, having held a hearing, upheld the applicant's conviction, but reduced his sentence to 2 years' imprisonment. It did not hear the requested witness. The judgment of the Court of Appeal took effect on the day of its pronouncement, but was open to appeal to the Supreme Court within one month. Neither the judgment nor the hearing records mention the applicant's request for release.", "34. On 21 December 1999 the applicant lodged an appeal with the Supreme Court contending, inter alia, that the investigator had acted unlawfully and pointing to the failure to hear the witness L.M. He requested to be released from custody.\nOn 12 January 2000 the Supreme Court refused, by a final decision, the applicant leave to appeal." ]

[ 2 ]

[ "7. The applicant was born in 1933 and lives in Bratislava.", "8. On 5 January 1994 the applicant lodged an action for damages relating to the defendant's failure to comply with a lease contract. On 25 January 1994 he paid the court fees. On 21 March 1994 the defendant co-operative submitted its memorial to which the applicant replied on 9 May 1994.", "9. On 21 October 1996 the applicant complained to the president of the Bratislava City Court that there was no progress in his case.", "10. On 31 October 1996 the Bratislava City Court informed the applicant that it had transferred the case to the Bratislava II District Court. The latter received the file on 5 November 1996. As the Bratislava II District Court considered that it lacked jurisdiction to deal with the case, it requested the Supreme Court to determine the issue. On 24 February 1997 the Supreme Court found that the case fell within the jurisdiction of the Bratislava Regional Court which had taken over the case files of the former Bratislava City Court. The Regional Court received the Supreme Court's decision on 2 May 1997.", "11. On 4 March 1998 the Bratislava Regional Court held a hearing and decided to adjourn the case. On 18 March 1998 the applicant submitted further information. Between 8 and 27 October 1998 the file was submitted to the Ministry of Justice.", "12. A further hearing before the Bratislava Regional Court was held on 22 February 1999. On 28 May 1999 the Regional Court heard two witnesses. Another hearing before the Bratislava Regional Court scheduled for 24 August 1999 had to be cancelled as a witness failed to appear. The Regional Court therefore requested the Poprad District Court to hear the witness.", "13. On 15 March 2001 the Bratislava Regional Court ordered the defendant to pay 3,400 Slovakian korunas (SKK) to the applicant and rejected the remainder of the latter' action. On 12 April 2001 the applicant appealed.", "14. By two decisions dated 2 July 2001 the Bratislava Regional Court dismissed the applicant' request for waiver of fees of the appellate proceedings and instructed the applicant to pay those fees. On 31 August 2001 the Supreme Court upheld the Regional Court's decision to dismiss the applicant's request for waiver of court fees. On 9 October 2001 the applicant filed an appeal on points of law against the Supreme Court's decision of 31 August 2001.", "15. On 18 January 2004 the applicant informed the Court that the proceedings concerning his action were still pending.", "16. On 16 June 1998 the Constitutional Court found that the applicant's constitutional right to a hearing without undue delays had been violated in the above proceedings concerning his claim for damages. The Constitutional Court noted, in particular, that the Bratislava City Court had taken more than two years to transfer the case, for reasons of jurisdiction, to the Bratislava II District Court and that the Bratislava Regional Court had remained inactive for ten months after it had received the Supreme Court's decision of 24 February 1997.", "17. On 13 March 2002 the applicant filed a complaint with the Constitutional Court alleging a violation of his constitutional rights to a hearing without undue delays and to compensation for damage. On 2 May 2002 the Constitutional Court declared admissible the complaint concerning the alleged delays in the proceedings brought on 5 January 1994. In its decision the Constitutional Court noted that the relevant part of the complaint followed its finding of 16 June 1998. It further rejected the remainder of the applicant's complaint noting, in particular, that it lacked jurisdiction to decide on claims for damages relating to unlawful decisions of public authorities or their erroneous official conduct.", "18. In its finding of 12 November 2003 the Constitutional Court concluded that the Bratislava Regional Court had violated the applicant's constitutional right to a hearing without unjustified delay in proceedings concerning the applicant's above claim for damages. The Constitutional Court examined the period after the delivery of its finding of 16 June 1998 and held, in particular, that the Regional Court had remained inactive for two years between September 2001 and November 2003. The Constitutional Court ordered the Bratislava Regional Court to proceed with the case without further delay. Finally, the Constitutional Court granted SKK 20,000[1] to the applicant as just satisfaction. The decision states that it had thereby regard to the overall length of the proceedings before the Regional Court and to the particular circumstances of the case.", "19. Since at the relevant time the Constitutional Court lacked jurisdiction to order that the applicant be compensated for the violation of his right to a hearing without undue delay which it had found on 16 June 1998, he claimed compensation for delays in the proceedings under the State Liability Act of 1969 with reference to the Constitutional Court's finding on 16 June 1998. On 17 November 1998 the Ministry of Justice dismissed the request and informed the applicant that he could seek redress before a court.", "20. The applicant filed an action against the Ministry of Justice claiming (i) protection of his personal rights under Article 11 et seq. of the Civil Code and (ii) compensation for non-pecuniary damage under the State Liability Act of 1969. He referred to the Constitutional Court's finding of 16 June 1998.", "21. On 26 May 1999 the Bratislava I District Court dismissed the applicant's action. It found that the defendant Ministry had not interfered with the applicant's personal rights when determining his claim for compensation. As to the claim for non-pecuniary damages under the State Liability Act of 1969, the court held that the damages claimed corresponded to lost income and related to the subject matter of the compensation proceedings which the applicant had brought on 5 January 1994 and which were still pending. The applicant had therefore to claim compensation from persons who were liable for such damage.", "22. The applicant appealed and claimed that the above Constitutional Court's finding was a valid ground for compensating him for delays in the proceedings brought on 5 January 1994.", "23. On 16 November 1999 the Bratislava Regional Court upheld the District Court's judgment of 26 May 1999. The appellate court found that the applicant had not shown that, as a result of the courts' dealing with his case, he had suffered material damage which could be expressed in terms of money and which could be redressed by means of the payment of a sum of money to him. As regards the applicant's argument that he had suffered damage of a non-pecuniary nature as a result of delays in the proceedings in question the Regional Court held:\n“Cases in which the State is liable for damage caused by unlawful decisions delivered by a court in the context of judicial proceedings are specified in Act No. 58/1969 on liability for damage caused by the decision of a State authority or by its erroneous official conduct, and the present case does not fall within one of the classes of case in which compensation can be granted.”" ]

[ 3 ]

[ "7. On 3 April 1992 the applicant claimed restitution of a house before the Bratislava IV District Court. She relied on the Extra-Judicial Rehabilitations Act of 1991.", "8. On 21 December 1993 the District Court dismissed the claim. The judgment stated that the house had been taken away from the applicant's parents pursuant to President Beneš's Decree No. 108/1945, in 1945, and that the possibility of restoring property under the Extra-Judicial Rehabilitations Act extended only to cases where the property had been taken away between 25 February 1948 and 1 January 1990.", "9. The applicant appealed. She claimed that she had acquired the house in question as an heir following her mother's death in 1941. She concluded that the subsequent confiscation of the house had been void as at that time her parents no longer owned it and that she had never stopped being the owner of the property.", "10. On 31 May 1994 the applicant authorised her son to represent her in the proceedings.", "11. By a decision of 24 June 1994 the District Court ordered the applicant to pay the court fees. On 11 July 1994 the applicant appealed against this decision. At the same time she requested a waiver from the obligation to pay the fees. On 15 July 1994 the District Court decided not to exempt the applicant from the obligation to pay the fees. On 18 October 1994 the Bratislava City Court quashed the decisions of 24 June and 15 July 1994 as the relevant law had been amended to the effect that no court fees were due in respect of proceedings under the Extra‑Judicial Rehabilitations Act.", "12. By a separate decision delivered on 18 October 1994 the Bratislava City Court quashed the first instance judgment of 21 December 1993 and instructed the District Court to establish the relevant facts of the case.", "13. On 5 June 1997 the Bratislava IV District Court again dismissed the applicant's claim. The court found void the confiscation of the property in question as the applicant's mother had died in 1941, that is prior to the confiscation. It noted that no inheritance proceedings had been held contrary to the relevant provisions of the Civil Code. The District Court further noted that the defendant had inherited the house from her predecessor and that the latter had bought it from the House Administration in Devínska Nová Ves on 30 May 1969. Accordingly, the former owner had not “transferred”, within the meaning of Section 4 of the Extra-Judicial Rehabilitations Act, the property to the defendant and the latter was not, therefore, obliged to restore it to the applicant under the provisions of that Act.", "14. On 1 August 1997 the applicant appealed. She claimed, in particular, that the defendant was obliged to restore the property as her legal predecessor fell within Section 4 of the Extra-Judicial Rehabilitations Act.", "15. On 21 October 1998 the Bratislava Regional Court upheld the first instance judgment of 5 June 1997. The appellate court held that the confiscation had taken effect on 25 October 1945, that is outside the period covered by the Extra-Judicial Rehabilitations Act. It considered irrelevant that the property had been formally confiscated from the applicant's mother who had died in 1941.", "16. The Regional Court further found that the property had not been “transferred” to the defendant within the meaning of Section 4(2) of the Extra-Judicial Rehabilitations Act as she had inherited it following the death of her legal predecessor. The judgment was served on the applicant on 29 March 1999 and the decision to dismiss the applicant's claim thus became final.", "17. On 3 May 1999 the appellate court received the applicant's appeal on points of law. In it she argued that the appellate court had failed to notify her of the defendant's written submissions and that the composition of the appellate court's panel had been changed just before the hearing in the case. The applicant requested that a lawyer be appointed to represent her in the proceedings.", "18. The case file was submitted to the Bratislava IV District Court on 6 May 1999. On 2 July 1999 the applicant submitted a certificate concerning her financial situation at the court's request.", "19. On 17 December 1999 the District Court asked the defendant to submit comments on the applicant's appeal on points of law. The defendant replied on 10 January 2000.", "20. On 18 January 2000 the District Court submitted the case file to the Supreme Court. The latter returned the file to the District Court on 6 April 2000 with the instruction to decide on the applicant's request concerning the appointment of a lawyer. The District Court was further requested to clarify the circumstances in which the appellate court's judgment had been served.", "21. On 6 October 2003 the Bratislava IV District Court made an inquiry concerning the old-age pension which the applicant had received. It further asked the applicant's son to inform it whether he had stayed at home between 11 and 15 March 1999. The District Court reiterated the latter request on 12 February 2004.", "22. On 31 March 2004 the Bratislava IV District Court asked for the file concerning the estate of the applicant. The file was submitted to it on 10 May 2004.", "23. On 10 May 2004 the Bratislava IV District Court requested the applicant's son to eliminate shortcomings in the appeal on points of law. On 27 September 2004 the District Court issued a formal decision to the same effect. The applicant's son submits that none of these documents has been served on him." ]

[ 3 ]

[ "9. The applicant was born in 1948 and is currently detained in Voghera.", "10. On 6 August 1996 the applicant, accused of international drug‑trafficking, was arrested in Milan. He was in possession of a false passport in the name of José Luis Troccoli Perdomo.", "11. On 7 August 1996 the applicant was questioned by the Milan Public Prosecutor. Criminal proceedings were instituted against José Luis Troccoli Perdomo.", "12. By an order of 9 August 1996, the Milan investigating judge remanded the applicant in custody. He observed that there was strong evidence of guilt against the applicant, who was in possession of documents showing that he was in contact with persons connected to drug-trafficking. Given the amount of cocaine (104 kilograms) imported by those persons and the fact that they were probably part of a major criminal organisation, the investigating judge considered that there was a serious risk of re-offending and a risk of tampering with evidence. Moreover, the applicant had declared that he was a tourist and that he had no links whatsoever to Italy. It was therefore reasonable to believe that he would try to abscond in order to avoid the consequences of the legal proceedings commenced against him.", "13. The applicant challenged the order before the Milan District Court, which dismissed his appeal on 23 September 1996. The District Court observed that new evidence had emerged against the applicant, who had been recognised as the person who had rented a deposit box in which the cocaine had been found, had helped to move a container into the deposit box and was facing another set of proceedings for drug-trafficking pending in Bassano del Grappa. The Milan District Court held that there was a serious risk of his re-offending, as evidenced by the fact that the applicant was part of a powerful criminal organisation. Moreover, if he were released, the applicant might try to get in touch with the other members of the organisation in order to tell them about the investigations with a view to tampering with the evidence. Finally, there was a risk of his absconding, confirmed by the fact that the applicant had given a different name to the Bassano del Grappa judicial authorities.", "14. The applicant did not appeal on points of law to the Court of Cassation against the order of 23 September 1996.", "15. On 27 May 1997 the Milan Public Prosecutor’s Office requested that the applicant and twelve other persons be committed for trial. The preliminary hearing was scheduled for 23 June 1997, on which date the applicant was committed for trial, to begin on 2 April 1998 before the Milan District Court.", "16. In a judgment of 22 April 1998, filed with the registry on 27 April 1998, the Milan District Court declared that the case was outside its jurisdiction ratione loci and ordered the transmission of the case-file to the Genoa Public Prosecutor’s Office.", "17. In a decision of 8 May 1998 the Genoa investigating judge extended the applicant’s detention on remand. After confirming the observations made in the orders of 9 August and 23 September 1996, he noted that further investigation had revealed that the applicant had played an active role in renting the deposit box where the cocaine had been found and in sending the container in which it was concealed and had kept in contact with the other defendants who had been caught by the police in the act of removing the cocaine from the container. The investigating judge considered moreover that there was a risk of his re-offending and absconding after having committed the offence. He noted in that respect that another set of criminal proceedings had been instituted against the applicant in Bassano del Grappa, and that the accused had tried to abscond, producing false identification papers.", "18. The applicant did not appeal against the decision of 8 May 1998.", "19. On 4 November 1998 the Public Prosecutor attached to the Genoa District Court forwarded the case-file to the Como Public Prosecutor’s Office.", "20. In a judgment of 7 October 1999, filed with the registry on 28 October 1999, the Como District Court found the applicant guilty of the charges against him and sentenced him to fifteen years’ imprisonment and imposed a fine of 130,000,000 Italian lire (ITL). The applicant’s name was established as being in reality Horacio Sardinas Albo.", "21. On 20 December 1999 the applicant appealed against that judgment. He challenged, in particular, the jurisdiction of the Como District Court.", "22. The hearing was scheduled for 16 March 2000. On that date, the applicant concluded a plea bargain (applicazione della pena su richiesta delle parti) with the Public Prosecutor attached to the Milan Court of Appeal. The applicant agreed to withdraw his appeal in return for a reduction in his sentence.", "23. In a judgment of 16 March 2000, the Milan Court of Appeal recognized the agreement reached by the parties and reduced the applicant’s sentence to eleven years’ imprisonment and a fine of ITL 100,000,000.", "24. The applicant’s appeal on points of law was declared inadmissible by the Court of Cassation in a judgment of 2 February 2001.", "25. Meanwhile, on 14 May 1998, the Ministry of Justice had requested that the applicant be placed in detention with a view to his extradition to the United States. In an order of 15 May 1998 the Brescia Court of Appeal had provisionally granted the request.", "26. On 22 May 1998 the applicant was interviewed by the President of the Brescia Court of Appeal. He declared that he did not agree to be extradited since the absence of diplomatic relations between Cuba and the United States could result in his being detained for an indefinite period of time (a situation commonly known as “limbo incarceration”).", "27. On 22 May 1998 the applicant challenged the order of 15 May 1998. He contested in particular the authorities’ assumption that it was necessary to prevent him from absconding before the extradition decision could be enforced. By an order of 26 May 1998 the Brescia Court of Appeal rejected his claim. The applicant’s appeal on points of law was declared inadmissible.", "28. On 22 June 1998 the United States authorities requested the applicant’s extradition for offences related to drug-trafficking (importation and possession of 425 kilograms of cocaine).", "29. On 25 August 1998 the Brescia Public Prosecutor’s Office requested that extradition be granted. It was noted that an arrest warrant had been issued against the applicant on 9 June 1993 by the Porto Rico District Court and that in the light of the evidence produced by the United States authorities it was reasonable to believe that the applicant was guilty of the offences with which he had been charged.", "30. In a judgment of 2 October 1998, filed with the registry on 6 October 1998, the Brescia Court of Appeal ruled in favour of extradition.", "31. On 27 October 1998 the applicant appealed on points of law. He submitted that Cuban nationals incurred a serious risk of indefinite detention in the United States.", "32. By a judgment of 29 January 1999, filed with the registry on 29 March 1999, the Court of Cassation dismissed the applicant’s appeal.", "33. On 12 May 1999 the Ministry of Justice granted the extradition request. However, noting that criminal proceedings against the applicant were then pending before the Como District Court, the Ministry decided, according to Article 709 of the Code of Criminal Procedure (hereinafter, the “CCP”), to suspend the enforcement of the extradition.", "34. Meanwhile the United States authorities had once again requested the applicant’s extradition in relation to a charge of false statements. The applicant had allegedly declared that his name was Gilberto Ramos in order to obtain a United States passport and had produced evidence corroborating the assertion.", "35. By an order of 4 June 1999 the Brescia Court of Appeal decided that the applicant should be detained with a view to extradition. It noted, in particular, that the applicant had already left the jurisdiction of the Florida courts and that there was a specific risk of his absconding. The order indicated that the applicant was a Cuban citizen who, in February 1973, had obtained a permanent residence permit in the United States.", "36. On 8 July 1999 the applicant appealed on points of law against the order of 4 June 1999.", "37. By a judgment of 19 August 1999, filed with the registry on 1 September 1999, the Court of Cassation declared the applicant’s appeal inadmissible because it had been lodged out of time.", "38. By a judgment of 9 March 2000, filed with the registry on 21 March 2000, the Brescia Court of Appeal ruled in favour of extradition.", "39. The applicant appealed on points of law. By a judgment of 19 September 2000, filed with the registry on 30 October 2000, the Court of Cassation, considering that the Court of Appeal had duly given reasons for its decision, dismissed the applicant’s appeal.", "40. By an order of 3 November 2000 the Ministry of Justice granted the extradition request. However, noting that criminal proceedings against the applicant were still pending, the Ministry decided to suspend enforcement of the extradition." ]

[ 2 ]

[ "9. The applicant was born in 1938 and lives in Ussuriysk (Russia).", "10. By a decision of 2 June 1995 under the Education Act, the trade union branch at the Melitopol State Teacher Training Institute (“the Institute”), which was the applicant's employer at the time, granted the applicant indefinite authorisation (ордер) to occupy and use a two-room, 25.1 sq. m flat in a building in Melitopol on the Institute's books.", "11. In August 1995 the applicant resigned from the Institute and went to live in Vladimir (Russia) to prepare his doctoral thesis. Before leaving, he took his wife to Kotovsk (Ukraine), where she was due to receive medical treatment.", "12. On 5 October 1995 the Institute annulled its decision of 2 June 1995 and granted authorisation to occupy and use the flat to T., another of its employees.", "13. On 3 November 1995 T., accompanied by four witnesses, entered the flat. They noted that the flat was empty and made a statement to that effect. According to the applicant, his possessions were removed or stolen from the flat.", "14. In November 1995 the applicant's wife returned to Melitopol. Unable to move back into the flat, which was now occupied by T.'s family, she had to return to Kotovsk and move in with relatives. In January 1996 the applicant returned to Melitopol, before joining his wife in Kotovsk.", "15. In late February 1996 the applicant filed a civil claim against the Institute with the Melitopol City Court, claiming compensation for pecuniary and non-pecuniary damage and seeking to assert his right to free use of the flat in question. The Institute in turn lodged an application to have that right withdrawn from the applicant.", "16. On 15 May 1996, following an intervention by the procurator at the applicant's request, the Institute annulled its decision of 5 October 1995, finding that it had been unlawful, and restored the applicant's rights to the flat.", "17. In a judgment of 27 June 1996, the Melitopol City Court dismissed the applicant's claim and granted the Institute's application. It found in particular that, in accordance with the legislation in force and the employment contract concluded between the Institute and the applicant, the latter had forfeited his right to use of the flat concerned after taking up permanent residence elsewhere. The court also noted that, according to the statement made on 3 November 1995, the flat in question had been empty when it was entered.", "18. Following an objection under the supervisory review procedure from the Zaporijya deputy regional procurator, the Zaporijya Regional Court, in a judgment of 23 May 1997, quashed the judgment of 27 June 1996 and remitted the case to the Melitopol City Court for further consideration.", "19. By a judgment of 28 April 1998, the Melitopol City Court rejected the applicant's claim, reiterating in substance the findings of the judgment of 27 June 1996.", "20. Following an appeal by the applicant on points of law the Zaporijya Regional Court, in a judgment of 18 August 1998, quashed the judgment of 28 April 1998 and remitted the case once more to the court of first instance. In particular, the Regional Court noted that the issue of the lawfulness of the Institute's decision of 5 October 1998, granting T. the rights to the flat in question, had not been addressed, despite the fact that the decision had subsequently been annulled following an objection from the procurator. The court further noted that the applicant's wife, who was also authorised to occupy the flat, had been absent from the flat only temporarily, and on medical grounds. The court noted, inter alia, that three of the four witnesses had signed the statement of 3 November 1995 at T.'s request and had not been present when he had entered the flat.", "21. By an order of 2 December 1998 giving effect to the Institute's decision, the executive committee of Melitopol municipal council transferred ownership of the flat in question to T., a private individual.", "22. In a judgment of 6 January 1999, the Melitopol City Court allowed the applicant's claim in part. That judgment was upheld by the Zaporijya Regional Court in a judgment of 16 February 1999. The court noted in particular that the applicant's move to Vladimir had been only temporary, and that Melitopol had remained his permanent place of residence. Accordingly, it found that the applicant had the right to free use of the flat in question in Melitopol. However, the court rejected the applicant's claim for damages, observing that the criminal investigation into the disappearance of his possessions had been closed by an order of 15 February 1996 (see paragraph 36 below). In that connection, the court took the view that neither the amount of the claim nor the existence of the pecuniary damage allegedly caused by the Institute had been borne out by the evidence provided. It also noted that the law made no provision for compensation in respect of non-pecuniary damage in landlord-tenant disputes.", "23. On 17 May 1999 the Melitopol City Court forwarded the writ of execution in respect of the judgment of 6 January 1999 to the Melitopol department of the Ukrainian Ministry of Justice.", "24. On 21 May 1999 the court bailiff noted that the flat in question was occupied by T.'s family. Accordingly, he lodged a request with the Melitopol City Court for an interpretation of the judgment of 6 January 1999.", "25. In a decision of 14 September 1999, the Melitopol City Court dismissed the request on the ground that it was aimed at having the judgment in question varied rather than interpreted. Furthermore, it noted:\n“In examining the aforementioned civil case, the court was not aware that ownership of the flat in question ... had been transferred to a private individual, as T. had not informed the court of this fact when he gave evidence as a witness at the hearing. Only after the judgment had been delivered did this come to light. That being the case, neither the court nor the applicant R.N. Novoseletskiy was aware that the flat had passed into private ownership. It was for that reason that Mr Novoseletskiy lodged an application simply to be allowed to occupy the flat in question rather than to have [T.] evicted.”\nThe Zaporijya Regional Court upheld that decision in a judgment of 9 December 1999.", "26. In November 1999 the Melitopol procurator applied to the Melitopol City Court on the applicant's behalf, seeking to have the transfer of ownership of the flat to T. on 2 December 1998 declared unlawful, and to have T. evicted from the flat.", "27. At the hearing, the executive committee of Melitopol municipal council argued that the construction of the flats belonging to the Institute had been funded by the Ministry of Education, and that any decision concerning the flat in issue would have been taken entirely by the Institute management.", "28. In a judgment of 25 May 2000, the Melitopol City Court granted the procurator's application, ordering T. to vacate the flat and the Institute to provide T.'s family with alternative accommodation. In addition, the court concluded that the Institute had acted unlawfully in relation to the disputed flat, in particular in approving the transfer of ownership to T., a private individual, in 1998, while the applicant's civil claim was still pending before the court. This judgment became final on 18 August 2000.", "29. In a decision of 28 December 2000, the Melitopol City Court granted T. and his family a stay of execution of the judgment of 25 May 2000 until 1 April 2001, owing to the chronic illness of one of the family members. The applicant alleges that he was not informed of the court hearing on that issue.", "30. In December 2000 and January 2001, the court bailiff imposed a fine on the director of the Institute for the delays in complying with the judgment in question.", "31. By orders of 13 March and 28 March 2001, the court bailiff discontinued the execution proceedings in respect of the judgments of the Melitopol City Court of 6 January 1999 and 25 May 2000, after certifying that the flat in question was unfit for human habitation. On 28 March 2001, in a measure designed to secure possession of the flat by the applicant, a committee made up of the applicant and seven witnesses, in the presence of the court bailiff, certified that the flat in question was empty and unfit for human habitation and needed substantial repairs before it could be used. Among many other things, the committee noted that the sanitary fittings and electrical wiring had been seriously damaged, that the sink and surrounding pipes had been removed, making it impossible to use any running water, and that the contents of the sewage pipes emptied into the flat, creating a powerful stench. They also recorded the refusal of T. and an official of the Institute to hand over the keys to the flat to the court bailiff.", "32. On 20 January 2004 six witnesses, of whom five were engineers, accompanied by the applicant, inspected the flat and noted that, as a result of the damage recorded on 28 March 2001, the sewage pipes emptied into the kitchen and toilets, as had been the case at their inspections in 2002 and 2003, and that the applicant was unable to use the sanitary facilities or running water. A statement to that effect was drawn up for the attention of the Institute.", "33. According to a statement of 16 February 2004 addressed to the Institute and the procurator's office by the applicant and four engineers who had acted as witnesses, the sewage pipes were blocked and the water pipes and sanitary fittings were out of order. The statement referred to similar findings that had been made by the Institute on 13 February 2004. The signatories contended that the situation had not changed since 28 March 2001, when the applicant had taken possession of the flat.", "34. In his letter of 10 February 2004 to the Court, the applicant complained that since 28 March 2001 he had been unable to live in the flat owing to its deplorable state; however, he had visited the flat regularly in order to monitor the situation.", "35. On 6 February 1996 the applicant lodged a complaint with the Melitopol department of the Ministry of the Interior, alleging that his belongings had been removed from the flat. He requested that criminal proceedings be brought against the management of the Institute and against T. for unlawful entry into his flat. In support of his complaint, the applicant submitted two statements, one from his sister, G.G.S., and the other from his niece, G.I.V., to the effect that they had seen in the flat in question several pieces of furniture, a large number of books, a television, a radio, household appliances, two mammoth tusks and gold and silver jewellery, together with 5,000 United States dollars hidden in the stove and in the basement. The applicant also submitted a statement from T.G.M., a police officer, confirming that he had assisted the applicant in July 1995 in moving his personal effects from the hall of residence where he had lived previously to the flat in question.", "36. According to the Government, the investigating authorities had responded to this complaint by conducting a detailed investigation into the alleged theft. The investigation established that, after being informed of the applicant's resignation and his departure for Russia, the director of the Institute had instructed T. to enter the flat and check that the heating was in order for the winter. In an order dated 15 February 1996, the Melitopol department of the Ministry of the Interior closed the criminal proceedings, finding that no offence had been committed (за відсутністю події злочину). The order made reference to the statement of 3 November 1995, drawn up by T. and signed by four witnesses, to the effect that the flat had been empty when it was opened up.", "37. Between 1996 and 1999, the applicant lodged several complaints with the Melitopol procurator's office and the Zaporijya regional procurator's office seeking to have the order of 15 February 1996 quashed.", "38. In a letter of 30 October 1999, the Zaporijya regional procurator's office informed the applicant that the Melitopol procurator's office had issued an order on 29 October 1999 quashing the order of 15 February 1996, and had reopened the criminal proceedings in response to his complaints concerning the disappearance of his possessions from the flat.", "39. By a letter of 18 May 2001, the Zaporijya regional procurator's office informed the applicant that the investigation set up in response to his complaints had still not been completed.", "40. On 27 August 2001 the Zaporijya regional procurator's office wrote to the applicant informing him that, by an order of 3 August 2001, the Melitopol department of the Ministry of the Interior had closed the criminal proceedings relating to the disappearance of his possessions on the ground that no offence had been committed, but that the proceedings to establish the lawfulness of that order were still in progress.", "41. In two letters dated 28 December 2002 and 13 January 2003, the Melitopol procurator's office informed the applicant that the criminal proceedings relating to the disappearance of his possessions were still pending.", "42. On 5 February 2003 the Zaporijya regional procurator's office examined the file relating to the investigation, quashed all the earlier decisions and ordered further investigations to be carried out.", "43. By a decision of 22 March 2003, the Melitopol department of the Ministry of the Interior closed the criminal proceedings, finding that no offence had been committed. On 3 April 2003 the Melitopol deputy procurator quashed that decision and reopened the investigation.", "44. In an order of 27 May 2003, the Melitopol department of the Ministry of the Interior, after summarising the main findings of the investigation, closed the criminal proceedings on the ground that no offence had been committed.", "45. In particular, it was observed that G.G.S. and G.I.V., on whose statements the applicant had relied, had declined to attend in person in order to provide further information to the investigating officer. In that connection it was also pointed out that the Melitopol City Court had refused to take G.I.V.'s statement into account because she was related to the applicant.", "46. T.G.M. was questioned several times on the subject of his statement, on 7 December 1999, 10 July 2001 and 21 May 2003. In his submissions, T.G.M. said that he had moved the following items into the flat in question: a washing machine, a refrigerator, some chairs, a guitar, some spare parts for cars and some home-made jams. However, the investigation noted that these items had not been mentioned by the applicant in his complaints. T.G.M. also maintained that he had seen a piece of mammoth tusk in the applicant's room in the hall of residence where he had lived previously.", "47. It was established that, prior to his move into the disputed flat, the applicant had rented fully furnished accommodation with a surface area of 30 sq. m in a hall of residence. However, neither T.G.M., during an attempted reconstruction, nor the applicant, was able to say precisely where so many bulky items of furniture, of the kind described in the applicant's complaints, might have been fitted into a furnished dwelling with a surface area of 30 sq. m.", "48. In addition, statements were taken in the course of the investigation from six persons, including T., who lived in the same building or adjoining buildings. They all asserted that they had seen no heavy or bulky items of furniture being moved into the flat in question between August and November 1995. Taking the view that items of that nature could not have been moved in without being noticed, and on the basis of the preceding statements, the investigating officer concluded that the applicant had never moved the items into the flat, and that the alleged theft had not taken place.", "49. Furthermore, the order of 27 May 2003 accused the applicant of taking insufficient interest in the investigation, having failed to attend his appointments with the investigating officer.", "50. Lastly, having observed some inconsistencies in the applicant's statements concerning the date of his return to Melitopol, the investigation concluded that the applicant had lodged his complaint concerning the alleged theft on fictitious grounds and with a view to material gain. In support of this argument, the order cited some criticisms made of the applicant by previous employers." ]

[ 4, 9 ]

[ "8. The applicant was born in 1920 and lives in Istanbul. He is the heir of Mr Mustafa Rıfat Günter and Mrs Rabia Günter.", "9. On 27 March 1985 Mr Mustafa Rıfat Günter and Mrs Rabia Günter made an oral will, in the presence of two witnesses, in which they undertook to give the property rights of their house to the Darülaceze (the poor people's house in Istanbul) in exchange for life-long support. Following this agreement, they were taken to the Darülaceze, where they died on 3 May 1985 and 2 May 1985 respectively.", "10. On 7 May 1985 the Darülaceze requested the Şişli First Instance Court in Civil Matters to grant probate on Mr and Mrs Günter's will. On the same day the court read out the will and recognised the Darülaceze as the legal heir to their property. The decision of the court was notified to the heirs, whose names and addresses were known to the court. The applicant was not personally notified of this decision. However, a further notification was made by way of a newspaper publication for those whose names and addresses were not known to the court.", "11. On 29 December 1992 the applicant filed a petition with the Istanbul First Instance Court in Civil Matters requesting the issue of an inheritance certificate (veraset ilamı), indicating the legal heirs of Mr and Mrs Günter and determining the individual shares.", "12. On 25 May 1993 the applicant brought an action against the Darülaceze before the Şişli First Instance Court in Civil Matters, requesting a declaration that Mr and Mrs Günter's oral will was null and void. He claimed that the will did not satisfy procedural requirements as Mr and Mrs Günter had lacked legal capacity due to their old age. The first hearing took place on 14 July 1993. The representative of the applicant requested time to submit the list of evidence.", "13. On 10 October 1993 the Treasury filed an action with a different chamber of the same court, also requesting the court to declare Mr and Mrs Günter's will null and void.", "14. On 21 October 1993 the applicant submitted his list of evidence to the Şişli First Instance Court in Civil Matters. The court gave time to the Darülaceze to submit its list of evidence.", "15. On 16 December 1993 neither the applicant nor his representatives attended the hearing. As the Darülaceze stated that it did not wish to continue the case, the case was removed from the list. The applicant renewed the case on 28 January 1994.", "16. On 14 April 1994 the applicant did not attend the hearing, but instead he sent a letter of excuse.", "17. At the hearing on 28 April 1994, the applicant maintained that, as the case initiated before the Istanbul First Instance Court of General Jurisdiction concerning the certificate of inheritance of Mr and Mrs Günter was not finalised, the court should postpone the case until after the judicial holidays. The court adjourned the hearing until September, considering that the issue of the inheritance certificate was a prerequisite question (ön mesele) for the present case.", "18. On 20 September 1994 the applicant requested a further adjournment as the case concerning the certificate of inheritance was not finalised.", "19. On 27 December 1994 the parties did not attend the hearing. The applicant sent a letter of excuse.", "20. At the following two hearings, the applicant requested a further adjournment again because the case concerning the certificate of inheritance was not finalised.", "21. On 11 July 1995 the court decided to join the Treasury's case to the applicant's.", "22. On 3 October 1995 the court took the statements of one of the two witnesses named by the applicant. The court was unable to find the other witness as her name was misspelled. It corrected the name of the second witness and sent her a summons.", "23. At the hearings of 26 December 1995 and 2 April 1996, the court postponed the case as the applicant did not attend but sent a letter of excuse.", "24. On 27 June 1996 the second witness named by the applicant gave her statement before the court. As the case concerning the certificate of inheritance was not finalised, the court adjourned to a further date.", "25. At the hearings on 5 November 1996 and 29 January 1997, the applicant did not attend, again sending excuses, and informing the court that the case concerning the inheritance certificate was before the Court of Cassation.", "26. On 15 April 1997 the applicant submitted the inheritance certificate to the court.", "27. On 19 June 1997 the applicant requested the Court to consult with the Forensic Medicine Institute before deciding on the legal capacity of Mr and Mrs Günter. The Forensic Medicine Institute informed the court that the documents in the case-file were insufficient to decide the matter. On 16 October 1997 the court requested the Darülaceze to submit all the medical reports concerning Mr and Mrs Günter. On 18 December 1997 the Darülaceze informed the court that they did not possess any such documents.", "28. On 10 March 1998 the Forensic Medicine Institute drafted a report which concluded that it was impossible to decide the matter on the basis of the current file.", "29. On 17 March 1998 the court held that an action for the annulment of a testamentary disposition (ölüme bağlı tasarruf) must be lodged within a year of the date on which the claimant becomes aware of the reason for nullity or, in any case, within five years after the will was notified to the heirs. It noted that, although the will of Mr and Mrs Günter was notified to the heirs on 7 May 1985, the action was not brought by the applicant before 25 May 1993. It therefore concluded that the applicant's case must be dismissed for failure to comply with the statutory time-limit. The applicant appealed.", "30. On 8 October 1998 the Court of Cassation upheld the decision of the first instance court. On 15 February 1999 the applicant's request for rectification of the decision was dismissed." ]

[ 3 ]

[ "16. The applicant, who is a French national of Polish origin, was born in 1931 and lives in Andresy, France. She owns a house and a plot of land in Gdynia, Poland. The property previously belonged to her parents.", "17. Polish legislation on rent control has been the result of many historical and recent circumstances. Legislative schemes restricting rights of landlords and regulating increases in rent were already in operation before the Second World War. The description below of the general situation was based on the findings of the Polish Constitutional Court (Trybunał Konstytucyjny), which, on 12 January 2000, in one of its judgments concerning the constitutionality of certain aspects of the legislation on rent control gave thorough consideration to the historical background of such legislation and the factors contributing to the preservation of restrictions dating back to an early stage of the communist regime in Poland.", "18. The rent control scheme was the consequence of the introduction of the so-called “State management of housing matters” (publiczna gospodarka lokalami) by the former communist authorities (see paragraphs 71-74 below). It was accompanied by provisions drastically restricting the amount of rent chargeable. The applicable provisions originated in the exceptionally rigid distribution of housing resources which characterised the first 30 years of the communist regime in Poland.", "19. The circumstances did not change significantly after the end of the communist rule in 1989; indeed, at the beginning of the 1990s the situation of housing in Poland was particularly difficult, as was demonstrated, on the one hand, by a shortage of dwellings and, on the other hand, by the high cost of acquiring a flat. The State-controlled rent, which also applied to privately owned buildings, covered merely 30% of the actual cost of maintenance of buildings.\nIn 1994 those social and economic factors prompted the legislature not only to maintain elements of the so-called “special lease scheme” (szczególny tryb najmu) (see also paragraph 73 below) in respect of State-owned dwellings but also to continue to apply that scheme – temporarily, for a period of 10 years expiring on 31 December 2004 – to privately owned buildings and dwellings. In short, the system was a combination of restrictions on the amount of rent chargeable and of limitations on the termination of leases, even in respect of tenants who did not comply with the terms of the contract.", "20. The material collected by the Constitutional Court in 2000 included a report prepared by the Office for Housing and Town Development (Urząd Mieszkalnictwa i Rozwoju Miast). According to that report, in 1998, after 4 years of the operation of the 1994 rent control scheme, the average rent as fixed under that scheme covered only 60% of the costs of maintenance of residential buildings. The shortfall was to be covered by landlords. The scale of the problem was considered to have been very large since at that time 2,960,000 dwellings (25.5% of the country’s entire housing resources) were let under the rent-control scheme; that number comprised some 600,000 flats in buildings owned by private individuals. The total number of flats in Poland was estimated at about 11,600,000. Flats in privately owned buildings subject to the rent-control scheme constituted 5.2% of the country’s housing resources.\nThe report stated, among other things:\n“Before ... [1994], statutory rent determined by the Cabinet covered about 30% of running maintenance costs. At present, after four years of the operation of the [1994] rent control scheme, municipalities set levels of rent covering on average 60% of maintenance costs. ...\nIn respect of buildings owned by municipalities, the shortfall is covered by municipalities, which frequently use for that purpose surplus received by means of letting commercial premises.\nAs regards privately owned buildings, where tenants pay controlled rent, the shortfall is covered by owners of buildings.”", "21. In 2003-2004 the Government, in the course of the preparation of their bill amending the legislation on rent control (see paragraphs 118 et seq. below) collected considerable material describing the present general situation of housing in Poland.\nThe situation is characterised by a serious shortage of residential dwellings. According to the 2002 National Population and Housing Census, the relevant deficit, defined as the difference between the number of households and the number of flats, amounts to 1,500,000 flats. There is a particularly acute shortage of flats for lease.", "22. In the light of data collected by the Central Statistical Office (Główny Urząd Statystyczny) on the overall financial situation of households, in the years 1998-2003 household expenses such as rent and electricity bills amounted to 14.5%-15.4% of total expenses (18.6%-19.0% in pensioners’ households). At the same time between 7% and 10% of Polish households were in rent arrears (1998: 7.5%; 1999: 7%; 2000: 7%; 2002: 10%; 2003: 9%).\nIn 2000 about 54% of the population lived below the poverty line, of which 8% were below the abject poverty line. In 2002 some 58% of the population lived below the poverty line, of which 11% were below the abject poverty line.", "23. Various reports received by the Office for Housing and Town Development confirmed that the provisions relating to the protection of tenants as applicable until 31 December 2004 (see also paragraphs 89-93 below) limited the supply of flats available for lease. In the authorities’ view, the introduction of the so-called “commercial lease” (najem komercyjny) – in other words a market-related lease – by removing restrictions on the increase of rent for privately owned buildings and freeing private landlords from their obligation to provide indigent tenants with an alternative accommodation upon the termination of their lease, should encourage private investors to build tenement houses designated solely to be let.", "24. The Government gave various figures to indicate the number of persons potentially affected by the operation of the rent-control scheme. They stated that according to information supplied by the Office for Housing and Town Development, the operation of the relevant legislation affected about 100,000 landlords and 600,000 tenants. Other sources cited by the Government stated that the total number of persons concerned was about 100,000 landlords and 900,000 tenants.", "25. The applicant’s house was built in 1936 as a one-family house. It originally consisted of a duplex apartment, basement and attic.", "26. During the Second World War, officers of the German Army lived in the house. In May 1945 the Red Army took it over and placed its officers there for some time.", "27. On 19 May 1945 the Head of the Housing Department of the Gdynia City Council (Kierownik Wydzialu Mieszkaniowego Magistratu Miasta Gdynia) issued a decision assigning the first-floor part of the duplex apartment to a certain A.Z.", "28. In June 1945 the Gdynia City Court (Sąd Grodzki) ordered the return of the house to the applicant’s parents. They began renovation of the house but, shortly afterwards, were ordered to leave their property. In October 1945 A.Z. moved into the house.", "29. On 13 February 1946 the Decree of 21 December 1945 on the State Management of Housing and Lease Control (Dekret o publicznej gospodarce lokalami i kontroli najmu) entered into force. Under its provisions, the house became subject to the so-called “State management of housing matters” (see also paragraph 18 above).", "30. In 1948, at a public auction, the authorities unsuccessfully tried to sell the house to A.Z., who was at that time employed by the Gdynia City Council, an authority responsible for the State management of housing matters at the material time. At about the same time, the applicant’s parents, likewise unsuccessfully, tried to recover their property.", "31. On 1 August 1974 the Housing Act (Prawo lokalowe) (“the 1974 Housing Act”) entered into force. It replaced the State management of housing matters with the so-called “special lease scheme” (see also paragraphs 19 above and 73 below).", "32. On an unknown date in 1975 a certain W.P., who was at that time the Head of the Housing Department of the Gdynia City Council (Kierownik Wydziału Spraw Lokalowych Urzędu Miejskiego), tried to buy the house from the applicant’s brother.", "33. On 8 July 1975 the Mayor of Gdynia issued a decision allowing W.P. to exchange the flat he was leasing in another building under the special lease scheme for the ground-floor flat in the applicant’s house. That decision was signed on behalf of the Mayor of Gdynia by a civil servant who was subordinate to W.P. On 28 January 1976 the Gdynia City Council issued a decision confirming that under the provisions governing the special lease scheme the flat had been let to W.P. for an indefinite time. Later, in the 1990s, the applicant tried to have that decision declared null and void but succeeded only in obtaining a decision declaring that it had been issued contrary to the law (see also paragraphs 49-54 below).", "34. On 24 October 1975 the Head of the Local Management and Environment Office of the Gdynia City Council (Kierownik Wydziału Gospodarki Terenowej i Ochrony Środowiska Urzędu Miejskiego w Gdyni) ordered that the house became subject to State management (przejęcie w zarząd państwowy). That decision took effect on 2 January 1976.", "35. On 3 August 1988 the Gdynia District Court (Sąd Rejonowy), ruling on an application by A.Z.’s relatives, gave judgment, declaring that, after the A.Z.’s death, her daughter (J.P.) and son-in-law (M.P.) had inherited the right to lease the first-floor flat in the applicant’s house.", "36. On 18 September 1990 the Gdynia District Court gave a decision declaring that the applicant had inherited her parents’ property. On 25 October 1990 the Gdynia District Court entered her title in the relevant land register.", "37. On 26 October 1990 the Mayor of Gdynia issued a decision restoring the management of the house to the applicant. On 31 July 1991, acting through her representative, she took over the management of the house from the Gdynia City Council. Shortly afterwards, she began to refurbish the house.", "38. On an unknown date in the 1990s the applicant set up a private foundation called the Amber Trail Foundation (Fundacja Bursztynowego Szlaku). Since 1991 then, she has been making unsuccessful efforts to locate the seat of the Foundation in her house.", "39. After taking over the management of the house, the applicant initiated several sets of proceedings – civil and administrative – in order to annul the previous administrative decisions and regain possession of the flats in her house.\n(a) Proceedings before the civil courts\n(i) Eviction proceedings", "40. On 16 June 1992 the applicant asked the Gdynia District Court to order the eviction of her tenants. In April 1993, on an application by the defendants, those proceedings were stayed. On 26 April 1996 her claim was dismissed.\n(ii) Proceedings concerning the relocation of tenants and compensation", "41. In April 1995 the applicant asked the Gdańsk Regional Court (Sąd Wojewódzki) to order the Gdynia City Council to relocate the tenants living in her house to dwellings owned by the municipality. She also asked the court to award her compensation, inter alia, for the fact that the authorities had deprived her parents and herself of any possibility of living in their own house, for damage to the property and arbitrary alteration of its use, and for mental suffering. On 5 July 1996 the Regional Court ruled that, under the Lease of Dwellings and Housing Allowances Act of 2 July 1994 (Ustawa o najmie lokali mieszkalnych i dodatkach mieszkaniowych), (“the 1994 Act”) the defendant authority had no obligation to relocate the tenants to accommodation owned by the municipality. It dismissed the remainder of the claims. The applicant appealed.", "42. On 17 January 1997 the Gdańsk Court of Appeal (Sąd Apelacyjny) heard, and dismissed, her appeal. It observed that no provision of the 1994 Act obliged the municipal authorities to relocate the applicant’s tenants or, at her request, to provide them with alternative accommodation (lokal zastępczy). The relevant provisions of the 1994 Act, namely section 56(4) and (7) (see also paragraph 81 below), stipulated that a tenant had to vacate a dwelling only if the owner had offered him another flat owned by him or the municipality had agreed to provide the tenant with an alternative accommodation owned or administered by it. As regards the applicant’s claim for damages for financial loss sustained as a result of the administrative decisions, the Court of Appeal observed that such claims could be determined by the courts of law only if a claimant had first applied for compensation to the administrative authorities and the outcome of the relevant administrative proceedings had been unfavourable. It referred the applicant to the Code of Administrative Procedure (Kodeks postępowania administracyjnego), which set out the rules governing the liability of public authorities for issuing wrongful decisions.\nIn so far as the applicant sought compensation for damage to the house and for the alteration of its use, the Court of Appeal considered that the defendant authority could not be held liable for the consequences of the laws which had previously been in force. In particular, it was not liable for the enactment of the post-war legislation which had introduced restrictive rules concerning the lease of dwellings in privately owned houses and the State management of housing matters. Nor was it liable for the implementation of the special lease scheme introduced by the 1974 Housing Act and the operation of the 1994 Act, which incorporated certain similar rules for the protection of tenants whose right to lease flats in privately owned houses had been conferred on them by administrative decisions (see also paragraphs 75-76 below). Lastly, the court noted that the defendant could not be liable for any damage caused by the applicant’s tenants.", "43. Subsequently, the applicant lodged a cassation appeal (kasacja) with the Supreme Court (Sąd Najwyższy). On 13 November 1997 the Supreme Court rejected that appeal on procedural grounds. The court held that the applicant had not complied with the relevant formal requirements; in particular, she had not specified the errors of substantive civil law allegedly committed by the lower courts.\n(b) Administrative proceedings\n(i) Proceedings concerning the annulment of the decision of 19 May 1945", "44. In October 1995 the applicant asked the Gdańsk Self-Government Board of Appeal (Samorządowe Kolegium Odwoławcze) to declare null and void the decision of the Head of the Housing Department of the Gdynia City Council of 19 May 1945. By virtue of that decision, the first-floor flat in the house had been assigned to A.Z. It had also formed a basis for granting the right to lease that flat in the applicant’s house to A.Z.’s successors (see also paragraph 27 above).", "45. On 26 June 1997 the Board rejected her application. It noted that the impugned decision had been taken pursuant to the provisions of the Decree on Housing Commissions issued by the Polish Committee of National Liberation on 7 September 1944 (Dekret Polskiego Komitetu Wyzwolenia Narodowego o komisjach mieszkaniowych), a law which had at the relevant time governed all housing matters. It found that the decision had not been issued by the competent public authority and, in consequence, had not been lawful. Yet the Board could not declare the decision null and void (stwierdzić nieważność decyzji) because, pursuant to Article 156 § 2 of the Code of Administrative Procedure, if more than 10 years had elapsed from the date on which the unlawful decision had been made, the Board could only declare that the decision “had been issued contrary to the law” (została wydana z naruszeniem prawa).", "46. The applicant appealed to the Supreme Administrative Court (Naczelny Sąd Administracyjny). On 15 January 1998 the court dismissed her appeal because she had not exhausted an obligatory legal remedy in that she had not made an application to the Board for the matter to be reconsidered (wniosek o ponowne rozpatrzenie sprawy).", "47. The applicant subsequently made such an application. On 23 June 1998 the Board upheld its decision of 26 June 1997. The applicant appealed to the Supreme Administrative Court. The Gdańsk Regional Prosecutor (Prokurator Wojewódzki) joined the proceedings and lodged an appeal on the applicant’s behalf.", "48. On 8 June 1999 the Supreme Administrative Court rejected both appeals. It confirmed that the impugned decision had been unlawful. It added that there had been several procedural shortcomings (for instance, the applicant’s parents had not been notified of the proceedings and had never had any opportunity to challenge the decision; in addition, no legal basis had been given for it); however, in accordance with Article 156 § 2 of the Code of Administrative Procedure, the court could not annul the decision but could only declare that it had been issued contrary to the law. In passing, the court observed that the above-mentioned procedural shortcomings could be rectified by means of reopening the proceedings.\n(ii) Proceedings concerning the annulment of the decision of 8 July 1975", "49. In 1992 the applicant asked the Gdańsk Self-Government Board of Appeal to declare null and void the decision of the Mayor of Gdynia of 8 July 1975. By virtue of that decision, W.P. had been granted the right to lease the ground-floor flat in the applicant’s house (see also paragraph 33 above)", "50. On 27 January 1994 the Board rejected her application. The applicant appealed to the Supreme Administrative Court.", "51. On 14 June 1995 the court dismissed her appeal. It found that the flats in the applicant’s house had been let under the special lease scheme introduced by the 1974 Housing Law and that, accordingly, the mayor had been competent to issue the decision in question. It further observed that, despite some procedural errors committed by the Mayor of Gdynia (which could be rectified by means of reopening the proceedings), the decision had had a legal basis and could not, therefore, be declared null and void.", "52. On 17 September 1994 the applicant asked the Mayor of Gdynia to reopen the relevant proceedings and to declare the impugned decision null and void. The mayor rejected her application as being lodged out of time.", "53. On 29 December 1995 the Gdańsk Self-Government Board of Appeal, of its own motion, reopened the proceedings. It found that the contested decision had been made on behalf of the Mayor of Gdynia by a civil servant who had been W.P.’s subordinate and that that fact had in itself constituted a sufficient ground for reopening the proceedings, pursuant to Article 145 § 1 (3) of the Code of Administrative Procedure. That fact had also rendered the decision unlawful. However, since more than 5 years had elapsed from the date on which the decision had been given, the Board could not annul it. It could merely declare that it had been issued contrary to the law, as laid down in Article 146 § 1 of the Code of Administrative Procedure.", "54. The applicant appealed to the Supreme Administrative Court, alleging that the decision had never been served on the owners of the house and that it should have been declared null and void. On 28 November 1996 her appeal was dismissed.\n(iii) Proceedings concerning the annulment of the decision of 24 October 1975", "55. On 4 October 1994 the applicant asked the Gdynia City Council to reopen the administrative proceedings that had been terminated on 24 October 1975 by the decision of the Head of the Local Management and Environment Department of the Gdynia Municipality. By virtue of that decision, the applicant’s house had become subject to the State management (see also paragraph 34 above). She further asked to have the decision declared null and void, submitting that it had lacked any legal basis. In particular, the house had incorrectly been classified as a “tenement house” (dom wielorodzinny), whereas in reality it was, and always had been, a one-family house and, as such, should not have become subject to the State management. The decision, the applicant added, had been made solely for the personal benefit and gain of W.P., who had at that time been the Head of the Housing Department of the Gdynia City Council. In her view, it had been made to sanction the prior – and likewise unlawful – decision of 8 July 1975 whereby W.P. had acquired the right to lease the flat in her house.", "56. On 7 December 1994 the Mayor of Gdynia rejected her application, finding that she had lodged it outside the prescribed time-limit. On 12 June 1995 the Gdańsk Self-Government Board of Appeal upheld the mayor’s decision. Subsequently, the applicant appealed to the Supreme Administrative Court. On 14 November 1996 the court quashed both decisions because the Mayor of Gdynia had not been competent to rule on the application.", "57. On 27 February 1997 the Gdańsk Self-Government Board of Appeal reopened the proceedings terminated by the decision of 24 October 1975. On 28 April 1997 the Board declared that that decision had been issued contrary to the law because the owners of the house had not been notified of the proceedings. It found that the Gdynia City Council had not acted with due diligence. In particular, it had made no efforts to establish who had been the rightful successors to the owners of the house. Indeed, at the material time the applicant and her brother had - on a regular basis - paid the relevant taxes on the property to the City Council. Relying on Article 146 § 1 of the Code of Administrative Procedure, the Board refused to annul the decision because more than 5 years had elapsed from the date on which it had been given.", "58. On an unspecified date in 2002 the applicant asked the Governor of Pomerania (Wojewoda Pomorski) to declare the decision of 24 October 1997 null and void. The application was referred to the Gdańsk Self-Government Board of Appeal, a body competent to deal with the matter. The Board refused the application on 13 May 2002. It held that the matter was res judicata.", "59. The parties gave differing information on what was the actual usable surface area of the flats in the applicant’s house, a factor relevant for the determination of the chargeable rent.\n(i) The Government", "60. The Government submitted that the usable surface area of the applicant’s house was 196 square metres. They produced an inventory made on 1 August 1991 in connection with the transfer of management of the house from the Gdynia City Council to the applicant (see also paragraph 37 above). The usable surface area of the house was estimated at 196 square metres; no net living area was indicated. There were four flats and no commercial premises. The number of habitable rooms in the flats was 12. The surface area of those flats was estimated at 148 square metres. The total surface area of the house was indicated as 255 square metres.\n(ii) The applicant", "61. The applicant stated that the total surface area of the house occupied by the tenants and for which they paid rent was about 250 square metres. In that connection, she supplied a declaration of 28 May 2001, issued by the Gdynia Association of Landlords and Managing Agents (Zrzeszenie Właścicieli i Zarządców Domów), an agency that apparently administered her property. According to the declaration, since at least the 1950s the applicant’s house had been divided into three flats leased by means of the agreements originating in the administrative decisions described above.", "62. The usable surface areas of those flats for the purposes of fixing rent were as follows: flat no. 1 = 127.38 sq. m; flat no. 3 = 67.90 sq. m; and flat no. 4 = 54.25 sq. m. Accordingly, the total usable surface area occupied by the tenants was 249.53 sq. m.\n(b) Documentary evidence relating to rent paid by the applicant’s tenants", "63. On an unspecified date in 1995 W.P. asked the Gdynia District Court for a judgment determining the amount of the rent to be paid by him. On 20 March 1996 the District Court gave judgment and determined the amount of rent at 33.66 Polish zlotys (PLN) per month. It ordered the applicant to pay costs in the amount of PLN 528.90.", "64. According to the Gdynia Association of Landlords and Managing Agents’ declaration of 28 May 2001 (see paragraph 61 above), the amounts of rent to be paid by the applicant’s tenants were as follows: for flat no. 1 (usable surface area of 127.38 sq. m), occupied by J.P. and M.P., PLN 500.60; for flat no. 3 (usable surface area of 67.90 sq. m.), occupied by W.P., PLN 322.65; for flat no. 4 (former attic; usable surface area 54.25 sq. m.), occupied by J.W., PLN 188.25. Dwelling no. 2 (apparently originally the bedroom of the applicant’s parents, which was later used as a drying room), which had previously been used by W.P. without any legal title or authorisation and for the use of which he had paid no fee, was at that time locked and sealed by the managing agent. W.P. was served with a notice ordering him to pay PLN 2,982.46 for the unauthorised use of the flat on pain of being evicted.\nAt the oral hearing the Government informed the Court that the rent paid by J.P. and M.P. on that date (27 January 2004) was PLN 531.63.\n(c) The tenants’ financial situation", "65. At the Court’s request to produce evidence demonstrating the situation of the applicant’s tenants, the Government supplied a certificate issued by the Gdynia District Centre for Social Services (Dzielnicowy Ośrodek Pomocy Społecznej) on 19 February 1993. The certificate stated that W.P. had received assistance from the centre as from January 1993. He was to obtain a periodical social welfare benefit for March and May 1993. In 1992 he had received assistance for housing purposes. The certificate further stated that W.P. had earlier been assessed as having the “second degree of disability”, the disability and its degree being subject to a medical verification in May 1993.", "66. On 12 February 2004, in reply to an enquiry by the Polish Government in connection with the present case, the Gdynia City Centre for Social Services (Miejski Ośrodek Pomocy Społecznej) stated that the applicant’s tenants, W.P., J.P, M.P. and J.W., were not receiving any assistance from the Centre and they had not received any assistance from social services for the past few years, i.e. from 1995.", "67. In reply to the Court’s question as to the amount of controlled rent received by the applicant from 10 October 1994 to date, the Government stated that they had no details of the rent received by the applicant at the relevant time. However, they supplied indicators relevant for the fixing of a controlled rent, as determined by the Gdynia City Council for similar houses.", "68. According to this information, in December 1994 the rent per square metre was 9,817 old Polish zlotys (PLZ); from January to November 1995 PLN 1.04; from December 1995 to October 1996 PLN 2.11; from November 1996 to December 1997 PLN 2.63; from January 1998 to January 1999 PLN 3.37; from February 1999 to January 2000 PLN 4.01; from February 2000 to February 2001 PLN 4.37, and from April 2002 to October 2002 PLN 4.61.", "69. On 10 October 2002, following the entry into force of the Constitutional Court’s judgment of 2 October 2002, it became possible for landlords to increase the rent up to 3% of the reconstruction value of the dwelling (see also paragraphs 90, 106-108 and 117 below).\nFrom December 2002 to 30 June 2003 the relevant conversion index of the reconstruction value of the dwelling (see also paragraphs 79 and 89 below) was PLN 2,525.30. From 1 July to 31 December 2003 it amounted to PLN 2,471.86.\nIn 2004, the conversion index was fixed at PLN 2,061.21. The Government submitted that the reconstruction value of the dwellings in the applicant’s house was calculated on the basis of the following 3 elements: 3% as above, the usable surface area of the flats and the relevant conversion index (PLN 2,061.21). The monthly rent per square metre in the applicant’s house corresponded to 3% of the conversion index of the reconstruction value of square metre divided by 12 months (3% x PLN 2,061.21 = PLN 61.83/12). It accordingly amounted to approximately PLN 5.15 per square metre. Having regard to the usable surface of the house as indicated by the Government, the maximum monthly chargeable rent was PLN 1,009.40 (PLN 5.15 x 196 square metres). Taking into account the surface as indicated by the applicant, the relevant amount was PLN 1,285.08 (PLN 5.15 x 249.53 square metres).", "70. According to the applicant, in the years 1994-1999 the free-market rent for the 3 flats in her house would have amounted to 1,700 United States dollars (USD) per month (USD 800 + USD 500 + USD 400 respectively, depending on the size of the flat). In the years 2000-2002 the rent would have decreased to USD 1,250 per month (USD 600 + USD 350 + USD 300). In 2003 it would have further been reduced to USD 900 per month (USD 450 + USD 250+ USD 200). She stated that her prognosis as to the decrease in rent was based on such factors as the devaluation of the house due to its age and the decreasing demand and increasing supply of flats available for rent on the market." ]

[ 9 ]

[ "4. The applicant was a Ukrainian citizen born in 1948 who died on 16 September 2004. By letter of 5 November 2004, the applicant's widow and children informed the Court that they wished to pursue the application.", "5. In 1997 the applicant instituted proceedings in the Novozavodsky District Court of Chernigiv seeking the recovery of salary arrears against his former employer - the State-owned “Atomspetsbud” company which performed construction work at Chernobyl in the zone which had been compulsory evacuated. By a decision of the court of 7 October 1998, the applicant was awarded 4,964 Ukrainian hryvnas (UAH) in salary arrears. On 25 January and 18 August 2000 the applicant received UAH 147.28 and UAH 77.90 respectively. However, the judgment remains to a large extent unenforced, the outstanding debt being UAH 4,738.82 (the equivalent of 677 euros [“EUR”]).", "6. By letter of 4 January 2003, the Ukrainian Government Agent informed the applicant's lawyer about the large number of execution writs pending against the debtor company, in the total amount of UAH 3,849,312[1]. Enforcement of the judgments by the attachment of property, however, required a special authorisation from the Ministry for Emergencies due to the location of the debtor's property in the Chernobyl area, contaminated by radiation. Such authorisation was not granted.", "7. By the order of 27 June 2002 of the Ministry of Energy, the debtor company was liquidated and a liquidation commission established.", "8. Accordingly, on 17 March 2003 the State Bailiffs' Service terminated the enforcement proceedings in the applicant's case and forwarded the execution writ to the liquidation commission as a creditor's claim. The liquidation proceedings are still pending." ]

[ 3, 9 ]

[ "4. The applicant was born in 1960 and is a farmer living in Eichfeld.", "5. In 1987 agricultural land consolidation proceedings (Zusammen-legungsverfahren), involving the property of the applicant and of 190 other parties, were instituted by the Graz District Agricultural Authority (Agrarbezirksbehörde). From September 1987 until August 1989 the state of possessions was determined, the soil evaluated and plans were made for joint facilities and measures.", "6. On 11 August 1989 the Agricultural Authority issued land ownership certificates (Besitzstandsausweis), the evaluation plan and the plan regarding joint measures and facilities. This decision became final after it had been laid open to general inspection. On the same day, the parties were ordered to pay the costs of surveying and marking the boundaries.", "7. In June 1990 the Water Rights Authority (Wasserrechtsbehörde) presented a draft, according to which the entire land consolidation area was situated in the water protection zone. On 21 November 1990 the Styria Regional Governor (Landeshauptmann) issued a decree (Verordnung) for groundwater protection which, unlike the draft of June 1990, only included one-third of the land consolidation area. It entered into force on 1 January 1991.\na. Provisional Transfer and Clearing decree", "8. On 12 December 1990 the District Agricultural Authority ordered the provisional transfer (vorläufige Übernahme) of compensatory parcels (Grundabfindung). The applicant appealed on 28 December 1990.", "9. The District Agricultural Authority issued a clearing decree (Rodungsbescheid) on 1 August 1991. The applicant appealed on 19 August 1991.", "10. On 29 January 1992 the Steiermark Regional Land Reform Board (Landesagrarsenat - “the Regional Board”) issued two decisions, dismissing the applicant’s appeals of 28 December 1990 and 19 August 1991, respectively.", "11. The applicant lodged a complaint on 6 April 1992 with the Constitutional Court (Verfassungsgerichtshof) against the Regional Board’s decisions. The Regional Board submitted observations in reply on 3 June 1992.", "12. On 15 June 1992 the Constitutional Court declined to deal with the complaint concerning the clearing decree and remitted the case to the Administrative Court (Verwaltungsgerichtshof).", "13. The Administrative Court requested the applicant to supplement his complaint on 4 September 1992 and, on 10 November 1992, it discontinued the proceedings as the applicant had failed to comply with the latter request.", "14. On 1 December 1992 the Constitutional Court declined to deal with the applicant’s complaint concerning the provisional transfer and remitted the case to the Administrative Court.", "15. The Administrative Court requested the applicant to supplement his complaint on 22 March 1993. The applicant did so on 26 April 1993.", "16. The Administrative Court dismissed the complaint on 25 May 1993. Thus, the order concerning the provisional transfer became final.\nb. Contribution scale", "17. On 28 September 1992 the District Agricultural Authority issued the final contribution scale (Beitragsschlüssel) for joint measures and facilities, determining the factor of compensation payments, the financial contributions to joint measures and facility and the compensation for clearances and substitute forestations. The applicant appealed to the Regional Board on 14 October 1992.", "18. On 29 September 1993 the Regional Board partly granted the applicant’s appeal.\nc. Consolidation scheme and amendment of the area zoning plan", "19. Subsequently, on 16 March 1994, the applicant filed a request for transfer of jurisdiction (Devolutionsantrag) for the issuing of a consolidation scheme (Flurbereinigungsplan) to the Regional Board, which the latter dismissed as being unfounded on 27 April 1994.", "20. On 25 May 1994 the District Agricultural Authority, including further plots of land, issued new land ownership certificates. Thus, the consolidation proceedings involved 250 parties.", "21. The District Agricultural Authority issued a consolidation scheme on 7 July 1994. The applicant appealed to the Regional Board on 23 August 1994.", "22. In the meantime, on 11 July 1994, the Styria Regional Government (Landesregierung) issued a decree concerning the regional development scheme (regionales Entwicklungsprogramm) for the extraction of sand and gravel, under the 1974 Styrian Planning Act (Raumordnungsgesetz).", "23. On 27 July 1995 the applicant requested that jurisdiction over his appeal of 23 August 1994 be transferred to the Supreme Land Reform Board (Oberster Agrarsenat - “the Supreme Board”). The Regional Board submitted observations in reply on 17 August 1995.", "24. The Supreme Board decided on 6 December 1995 that it had jurisdiction over the applicant’s appeal as the Regional Board had not decided within the statutory six-month time-limit.", "25. On 5 June 1996 the Supreme Board set aside the consolidation scheme insofar as it concerned the applicant on the ground that the District Agricultural Authority had failed to carry out a proper valuation of the applicant’s plots of land involved and referred the case back to that authority.", "26. Between 12 December 1996 and 17 April 1997 the District Agricultural Authority held three hearings and, on 29 April 1997, it amended the consolidation scheme, allocating new parcels of land to the applicant. The applicant appealed to the Regional Board on 13 May 1997.", "27. On 22 October 1997 the Regional Board, having held a hearing, dismissed the applicant’s appeal of 13 May 1997. It noted, inter alia, that it was not bound by the findings of the Supreme Board’s decision of 5 June 1996. It found that the applicant had received compensatory parcels which had the same operating value (Betriebserfolg) as the plots of land he had owned before the issuance of the consolidation scheme.", "28. Meanwhile, on 12 August 1997 the Eichfeld Municipal Council (Gemeinderat) amended the area zoning plan (Flächenwidmungsplan), designating land for a gravel pit. The applicant filed objections on 13 October 1997 and, on 16 December 1997, the Eichfeld Municipal Council informed the applicant that it refused his objections.", "29. On 29 December 1997 the applicant lodged a complaint with the Constitutional Court against the Regional Board’s decision of 22 October 1997.", "30. By a decision of 23 February 1998 the Constitutional Court declined to deal with the complaint for lack of prospects of success and remitted the case to the Administrative Court, which, on 27 March 1998, requested the applicant to supplement his complaint.", "31. The applicant did so on 4 May 1998, in respect of which the Regional Board submitted observations in reply on 21 August 1998.", "32. In October and December 1998 the applicant submitted further documents.", "33. On 22 June 2001 the Administrative Court requested the applicant to submit observations. The applicant did so on 13 July 2001.", "34. On 20 September 2001 the Administrative Court dismissed the applicant’s complaint. It held that although the District Agricultural Authority and the Regional Board had wrongly considered that they had not been bound by the Supreme Board’s findings, the grievance of applicant’s complaint had ceased to exist owing to the amendment of the area zoning plan which had taken place in the meantime. In particular, having assessed the value of the property the applicant had acquired following the new consolidation scheme, the applicant was even better off after the amendment of the area zoning plan than he had been before the institution of the consolidation proceedings or in case the Supreme Board’s findings would have been observed by the agricultural authorities, respectively. The decision was served on 5 October 2001.", "35. In the meantime, on 23 October 1997, the applicant requested the District Agricultural Authority to separate retroactively from the consolidation scheme certain compensatory parcels, which were situated in the ground water protection area and in the gravel extraction area, and that the situation of the original ownership be restored.", "36. On 15 April 1998 the District Agricultural Authority dismissed this request. The applicant appealed to the Regional Board on 5 May 1998.", "37. On 28 October 1998 the Regional Board, after having held a hearing and having obtained an opinion of an official expert (Amtssachverständiger) on agricultural issues, dismissed the applicant’s appeal.", "38. On 15 December 1998 the applicant filed a complaint against this decision with the Constitutional Court, which, on 22 February 1999, refused to deal with it and referred it to the Administrative Court.", "39. The Administrative Court requested the applicant to supplement his complaint on 7 June 1999. The applicant did so on 22 July 1999.", "40. On 3 September 1999 the Administrative Court requested the Regional Board and a second complainant to submit observations in reply. They did so on 20 and 25 October 1999, respectively.", "41. The applicant submitted additional documents to the Administrative Court on 16 February 2000, in respect of which the Regional Board submitted observations in reply on 8 June 2000.", "42. The applicant submitted further documents to the Administrative Court on 21 September 2000.", "43. On 20 September 2001 the Administrative Court dismissed the applicant’s complaint. The decision was served on 5 October 2001.", "44. The applicant requested the District Agricultural Authority, on 27 November 2001, to re-instate the consolidation scheme in its version of 7 July 1994.", "45. On 26 March 2002 the latter authority informed the applicant that that would only be possible if all the parties involved agreed. It appears that no such request was submitted so far." ]

[ 3 ]

[ "10. The applicant was born in 1923 and lives in Skopje. He worked as a pilot in the Yugoslav Army until he retired in 1968.", "11. In former Yugoslavia, the citizens used to pay a tax for housing. On the basis of the accumulated funds the State constructed “socially owned” apartments which were then rented to individuals at legally fixed rates.", "12. The Yugoslav Army was the single army on the territory of the former Yugoslavia governed by laws which were applicable throughout former Yugoslavia. The applicant, as an officer of the Yugoslav Army, paid monthly contributions from his salary to the Yugoslav Army for the construction of army apartments. All army servicemen were entitled to live in army apartments as tenants.", "13. On 28 August 1968 the applicant ceased to be an active officer of the Yugoslav Army under an early retirement scheme. At that time, he lived in Belgrade, as a tenant in an apartment which belonged to the army. On an unspecified date the applicant, having found a job in Skopje, sought to obtain the tenancy of an army apartment there. In December 1979, under an agreement between the Yugoslav Army and the Macedonian Council of Ministers, the Socialist Republic of Macedonia (at that time a member of the Yugoslav Federation) obtained the possession of the applicant’s army apartment in Belgrade in exchange for an apartment in Skopje, which remained the property of the Socialist Republic of Macedonia but was to be used by the Yugoslav Army. In July 1980 the applicant moved into the apartment in Skopje.", "14. On 29 December 1990 the Federal Assembly of the Socialist Federal Republic of Yugoslavia enacted a Law on Housing of the Army Servicemen (Закон за станбено обезбедување во ЈНА) (the “Z.S.О.J.N.A.”), according to which army servicemen, current and retired, could purchase apartments in which they lived with a price adjustment for the amount of the paid contributions for the construction of army apartments and for development of the construction land. Section 26 of that law provides that the same purchase conditions apply to apartments which do not belong to the army, as it was in the case of the applicant. According to regulations issued by the Yugoslav Federal Ministry, the price difference was to be paid by the federal army (see paragraphs 43-46 below).", "15. Following the fall of Yugoslavia and a referendum held on 8 September 1991, the former Yugoslav Republic of Macedonia declared independence. On 17 November 1991 it adopted a Constitution (Устав на РМ) and the Law on the Implementation of the Constitution (Уставен Закон за спроведување на Уставот). According to the Constitution the laws from former Yugoslavia remain in force, except for the laws regulating the organisation and competence of the former Yugoslav federal organs. On 21 February 1992 the Macedonian President and the General of the Yugoslav Army concluded an agreement for the withdrawal of the Yugoslav Army from Macedonian territory.", "16. On 28 February 1992 the Macedonian Government concluded an Agreement for Settlement of Claims and Obligations in Respect of Real Property (Спогодба за правата и обврските во врска со примопредажбата на недвижностите на територија на Република Македонија) (“the S.P.O.V.P.N.T.R.M.”) with the Federal Yugoslav Ministry of Defence. According to this agreement the Macedonian Ministry of Defence took over all the obligations of the Yugoslav Army in respect of army apartments, including the obligation to sell these apartments with a price reduction. The Macedonian Government in 1992 and 1994 enacted regulations implementing this agreement. In 1992 the Macedonian Government enacted Regulations on the Terms of Purchase of the Apartments Obtained by Succession from the Yugoslav Army (Уредба за продажба на државниот стамбен фонд наследен од ЈНА) (“U.P.D.S.F.N.J.A.”), according to which present and former army servicemen living in apartments owned by the Macedonian Ministry of Defence, could purchase them under the Z.S.О.J.N.A", "17. From the Ministry of Defence’s decision of 12 June 1992 it appears that the Ministry exchanged the title of its apartments which were inhabited by civilians with the title of the apartments owned by the Housing Fund (“ПУИГ”) which were inhabited by servicemen. Thereby, the servicemen were able to exercise the right under the Z.S.O.J.N.A. to purchase the apartments at a reduced price. However, this exchange was limited and concerned only six apartments owned by the Housing Fund and twenty owned by the Ministry. No details were provided as to the criteria concerning the exchange.", "18. In 1993 an amended version of the 1990 Law on the Sale of Socially Owned Apartments (Закон за продажба на станови во општествена сопственост) (“the Z.P.S.O.S.”) was promulgated in the Official Gazette. Under the law their tenants were entitled to purchase them on credit and at a beneficial price. Unlike the Z.S.О.J.N.A., the law did not provide for a price adjustment for the amount of the contributions made towards the construction of “socially owned” apartments and the development of the construction land, despite the fact that the tenants had also paid them.", "19. On 26 June 1996 the Constitutional Court abrogated the Z.S.O.J.N.A. without retroactive effect and the respective Government’s Regulations on the ground that they had been contrary to the 1991 Constitution. In particular, the court stated that: (a) the Yugoslav Army, its “housing fund” and the “social ownership” no longer existed; (b) the 1991 Constitution had abolished all the privileges enjoyed by army servicemen; and (c) the Z.S.O.J.N.A. had created an unequal treatment in comparison to the citizens who were entitled to purchase their apartments under the Z.P.S.O.S. The S.P.O.V.P.N.T.R.M. was not mentioned in the Constitutional Court’s decision.", "20. Between 1992 and 1994, the applicant requested the Macedonian Ministry of Defence to purchase the apartment in Skopje where he had been living since 1980 as a tenant of the Yugoslav Army in accordance with the Z.S.О.J.N.A. and the U.P.D.S.F.N.J.A. The Ministry of Defence informed him, and seven other servicemen of the former Yugoslav Army, that the examination of their requests had been postponed due to some formalities.", "21. On 20 October 1993 the applicant and fifteen other persons asked the Constitutional Court to examine the compatibility of the Z.P.S.O.S. and the relevant regulations issued by the Ministry of Defence with the Z.S.O.J.N.A. On 29 December 1993 this was refused by the Constitutional Court.", "22. On 6 February 1995 the applicant submitted another request to purchase the apartment to the President of the Republic who transmitted it to the Ministry of Defence.", "23. On 22 March 1995 the Ministry of Defence informed the applicant that his request to purchase the apartment had been dismissed on the ground that the U.P.D.S.F.N.J.A. did not apply to apartments other than those which belonged to the Yugoslav Army. In particular, the Ministry stressed that Section 2 § 2 of the 1992 Regulation on the Sale of Apartments for which the Republic has Responsibilities and Rights (Одлука за продажба на становите на кои права, должности и одговорности во поглед на располагањето има Републиката) (“O.P.S.P.D.O.R”) provided that the U.P.D.S.F.N.J.A. did not apply to apartments for official use of the Government. The Ministry argued that on 21 September 1994 the Government had taken a similar position in respect of this issue. Therefore, the applicant would have had the right to purchase the apartment under the U.P.D.S.F.N.J.A. only if it had concerned an apartment owned by the said Ministry.", "24. On 16 February 1995 the applicant instituted proceedings before the Skopje I Municipal Court (Општински суд Скопје I) against the Ministry of Defence, requesting that the apartment be sold to him under an adjusted price in accordance with the Z.S.О.J.N.A. He also invoked Articles 4 and 5 of the Law on the Implementation of the Constitution.", "25. On 25 April 1995 the court granted the applicant’s request. The court stated, inter alia, that the applicant, as an army officer, had the right to purchase the apartment under an adjusted price. In particular, the purchase price should be reduced by the revalorised amount of the monthly contributions which the applicant had paid to the Federal Ministry of Defence for the construction of apartments and for development of construction land. The Municipal Court found that the Macedonian Ministry of Defence was under an obligation to pay the price difference for the apartment.", "26. The Macedonian Ministry of Defence appealed against this decision on grounds that in accordance with a Government Decision the Z.S.О.J.N.A. only applied to apartments owned by the Macedonian Army.", "27. On 1 February 1996 the Skopje Appellate Court (Окружен суд Скопје) upheld the decision of the lower court on the ground that the applicant, as a former officer of the Yugoslav Army, had paid contributions for the construction of army apartments and, therefore, was entitled to purchase an apartment under an adjusted price in accordance with the Z.S.О.J.N.A. The court held, inter alia, that the lower court had reasoned correctly when it had connected the benefit of purchasing an apartment under an adjusted price to the status of the applicant as a former army officer, who had been paying contributions, and not to the identity of the owner of the said apartment.", "28. On 17 April 1996 the applicant and the Government concluded a purchase contract for the apartment on the basis of the Municipal and Appellate Courts’ judgments. The applicant thus purchased the apartment with a price reduced by the amount of contributions he had paid to the former Yugoslav Army. On 15 May 1996 the Skopje I Municipal Court authorised the contract.", "29. From the copy of one document issued by the Public Enterprise for Administering State Property (Јавно претпријатие за стопанисување со стамбен и деловен простор на Република Македонија), it may be deduced that the applicant paid for the apartment in 1996 at the latest. It is not clear whether later the Ministry of Defence reimbursed the Housing Fund the price difference for the apartment.", "30. In the meantime, the Ministry of Defence filed an appeal on points of law (ревизија) with the Supreme Court (Врховен суд на РМ) against the judgment of the Appellate Court of 1 February 1996.", "31. Upon the appeal on 18 December 1997 the Supreme Court quashed the lower court’s judgment and dismissed the applicant’s request to purchase the apartment for a reduced price.", "32. The Supreme Court noted that in accordance with Article 5 § 1 of the Constitutional Law on the Implementation of the Constitution of the former Yugoslav Republic of Macedonia the federal laws of former Yugoslavia remained in force as Macedonian laws provided that they were harmonised with the Constitution. The powers which were previously exercised by the federal organs were allocated to the bodies of the former Yugoslav Republic of Macedonia. The Z.S.O.J.N.A. remained in force as Macedonian law.", "33. The Supreme Court found that under the Z.S.O.J.N.A. it was for the Yugoslav Army to make up for the price difference for the adjustment of the prices of the apartments which were not owned by the Yugoslav Army. However, on 17 November 1991 the former Yugoslav Republic of Macedonia enacted its Constitution and became an independent State. Since then there was no Yugoslav Army nor was its housing fund on the territory of the former Yugoslav Republic of Macedonia. Therefore, the applicant could not have the price for his apartment reduced as there was no Yugoslav Army to cover the price difference.", "34. The court did not mention at all the decision of the Constitutional Court and the S.P.O.V.P.N.T.R.M. Nor did it mention that the applicant had already purchased the apartment by contract, or that the Ministry of Defence had exchanged a number of apartments owned by the Housing Fund and inhabited by other servicemen. The applicant was served with the Supreme Court’s judgment on 4 March 1998.", "35. The parties have not indicated whether the applicant was formally registered as the owner of the apartment in the Land Registry (Државен завод за геодетски работи) after their purchase agreement had been authorised by the Municipal Court in 1996. From the documents it appears the applicant had already recorded his title over the apartment. In addition, the parties have not indicated whether the Government have taken any legal action to enforce the Supreme Court’s judgment of 18 December 1997, for example by bringing proceedings for the rescission of the 1996 purchase agreement (see paragraphs 60-65 below). There is no information that such proceedings have ever been instituted.", "36. The applicant still lives in the apartment in question." ]

[ 9 ]

[ "9. The applicant, a German national, was born in 1939. He lives in Germany.", "10. On 30 August 1995 he was arrested in Denmark, charged with aggravated tax fraud for an unknown amount, however exceeding 500,000 Danish kroner (DKK) and relating to the period 1990‑1995. Having consented to the seizure of his car and having agreed that his real estate in Denmark be provided as security, the applicant was released the following day after a court hearing held before the City Court in Vordingborg (Retten i Vordingborg).", "11. The tax authorities (Told og Skat, Næstved) alleged that since 1990 the applicant had lived in Denmark to such an extent that he was liable to pay taxes, and thus carried out an investigation of the applicant’s tax assessment. The applicant disputed the assessments, notably on the grounds that he had paid tax in Germany, from where his business was run.", "12. On 14 November 1995 the police requested that the City Court in Vordingborg issue an order for discovery to procure documents from the applicant’s accountants, lawyer and bankers in Germany. However by request of the applicant’s counsel, it was agreed that counsel together with the applicant procured the relevant documents. The documents were handed in on 7 October 1996 by the applicant, who in the meantime had changed counsel. The tax authorities changed their assessment on several occasions; once after it had been established on 10 March 1997 that the statements of accounts procured by the applicant (and his counsel) from a German bank were erroneous, and many times due to the applicant’s objections. On 16 June 1998 a final assessment was made, which the applicant appealed against on 11 September 1998 to the National Taxation Board (Landsskatteretten), where the case is still pending.", "13. On 19 April 1999 the prosecution submitted an indictment to the City Court in Vordingborg claiming that the applicant had evaded tax in the amount of DKK 57,252 as to the period 1990-1991, during which he had allegedly stayed illegally in Denmark. Hearings were scheduled to take place on 4 and 5 November 1999. The applicant was convicted in accordance with the indictment by judgment of 12 November 1999. He was sentenced to a fine of DKK 57,000.\nAs to legal costs the court stated:\n“[The applicant] shall pay legal costs. In view of the fact that [the applicant] was arrested on 30 August 1995 and appeared before this court on 31 August 1995 charged with tax evasion of an unknown amount of not less than DKK 500,000, but now following a very lengthy investigation, is being charged with and convicted of tax evasion to an extent which is quite limited compared to the original charge, the court finds that the Treasury should pay the fees to the assigned counsel for the defence.”\nAccordingly, the applicant was exempted from paying fees to counsel in the amount of DKK 117,500 including VAT.", "14. On 24 November 1999 the applicant appealed against the judgment to the High Court of Eastern Denmark (Østre Landsret). The Regional Public Prosecutor claimed that the judgment be upheld, including the part exempting the applicant from defraying fees to counsel. The applicant’s appeal was not received by the High Court until 1 February 2000 as pursuant to the Administration of Justice Act (Retsplejeloven) the notice of appeal and the indictment had to be served on the applicant through the German authorities.", "15. In the meantime, on 8 January 2000, the applicant requested that the prosecution initiate additional investigation concerning some of his accounting material. He found that he was entitled to further deduction in the tax assessment than those on which the City Court judgment was based. For this purpose, having complied with his request, the prosecution sent the case-files back to the police. On 24 February 2000 a meeting was held between the applicant’s counsel, the police and the Customs and Tax office. Counsel produced copies of the applicant’s ledger from 1990 and 1991 and was granted permission to reconcile the accounts with the exhibits produced. On 17 May 2000, since the police had not received any reconciled accounts from counsel, the case-files were returned to the prosecution.", "16. On 24 August and 25 October 2000 the prosecution informed the High Court of the expected duration of the trial, which was estimated to last one or two days. On 14 February 2001 the High Court scheduled the case for trial to commence on 30 May 2001.", "17. On 23 May 2001, having received information from counsel that the National Taxation Board would reach its decision within a short time the Regional State Prosecutor requested that the High Court adjourn the trial. It appears that shortly thereafter the High Court adjourned the case awaiting the outcome of the case before the National Taxation Board as it was presumed that its decision could be of importance to the determination of the criminal proceedings.", "18. On 28 August 2001 oral proceedings were conducted before the National Taxation Board, during which it was agreed that counsel should submit a new comprehensive pleading with exhibits, thereby replacing all previous pleadings with exhibits. On 13 November, by counsel’s request, the time-limit to submit his pleading with exhibits was extended until 1 December 2001 by the National Taxation Board. On 4 January 2002, not having received the said pleading with exhibits, the National Taxation Board stated that unless submitted by 1 February 2002 the case would be decided on the evidence available. It appears that no decision has been taken by the National Taxation Board.", "19. On 22 May 2003 the High Court passed judgment in the criminal trial. It acquitted the applicant as to the part of the indictment that concerned his alleged illegal stay in Denmark as the criminal liability was time‑barred. It upheld the City Court judgment as to the tax evasion part, but amended the sentence to a fine of DKK 10,000 by stating as follows:\n“The sentence is fixed pursuant to section 15 of the Tax Control Act cf. now Consolidation Act no. 726 of 13 August 2001.\nAccordingly, the basis for fixing the fine justly due would be a fine of DKK 50,000.\nThe total length of the proceedings from the charge was made in connection with [the applicant’s] arrest on 29 August 1995 and until judgment was passed by the City Court on 12 November 1999 was four years and two and a half month, and the length of the proceedings from the City Court’s judgment until the present judgment has been about three and a half years.\nWhen the proceedings started, the tax authorities believed that the evasion concerned taxable amounts of approximately DKK 2.5 millions. At the statutory hearing [before the City Court on 30 August 1995] the charge made concerned evasion of tax payment of not less than DKK 500,000, but during the City Court trial the indictment related to tax evasion of DKK 57,252 only. In the intermediate period, according to the information disclosed, there had been numerous contacts between the tax authorities and [the applicant] and his counsel concerning the computation of the allegedly evaded amount, and the proceedings had also been pending for a long time on [the applicant’s] own possibility of procuring relevant evidence from Germany. \nAfter the City Court judgment was passed, at the public prosecutor’s request, since 25 May 2001 the proceedings [in the present case] awaited the proceedings that were pending before the National Taxation Board.\n Upon an overall assessment of the length of the proceedings from the charge was made until the High Court trial, the High Court finds that [the applicant’s] right to a trial within a reasonable time pursuant to Article 6 of the European Convention on Human Rights has been violated.\nIn view of this, the fine justly due to be paid by [the applicant] is fixed to DKK 10,000. \nWhen determining the compensation to which [the applicant] is entitled according to the above, the court has taken into consideration that, although he was found guilty by the City Court judgment almost to the extent stated in the indictment, he was exempted completely from paying costs ... ”", "20. The applicant’s request for leave to appeal against the High Court judgment to the Supreme Court (Højesteret) was refused by the Leave to Appeal Board (Procesbevillingsnævnet) on 18 December 2003." ]

[ 1 ]

[ "4. The applicant was born in 1951 and lives in Novovoronezh, Voronezh Region.", "5. In 1999 the applicant brought proceedings against the Chief Department of Finance of the Voronezh Region to claim welfare payments to which she was entitled in respect of her child.", "6. On 5 January 2000 the Novovoronezh Town Court of the Voronezh Region awarded the applicant 3,387.87 roubles (RUR). This judgment entered into force on 15 January 2000.", "7. On 10 February 2000 the enforcement order was issued and sent to the bailiff service of the Tsentralnyy District of Voronezh.", "8. On 10 April 2000 the applicant complained to the Department of Justice of the Voronezh Region about the bailiffs’ failure to execute the judgment in her favour.", "9. On 20 April 2000 the Department of Justice of the Voronezh Region informed the applicant that her award would be enforced in accordance with the order of priority set out by the Federal Law on Enforcement Procedure.", "10. On 26 June 2001 the bailiff terminated execution proceedings in respect of the judgment of 5 January 2000, as the debtor had no sufficient funds. The applicant was suggested to bring an action against the Administration of the Voronezh Region.", "11. On 13 February 2002 the Tsentralnyy District Court of Voronezh granted the applicant’s request to resume enforcement proceedings. In this decision the court dismissed the bailiff’s argument that an action against the Administration of the Voronezh Region was necessary to secure execution of the judgment against the Chief Department of Finance. The court found that the judgment of 5 January 2000 could be enforced as it stood.", "12. The sum awarded has not been paid to the applicant." ]

[ 3, 9 ]

[ "4. The applicants were born in 1948 and 1944 respectively and live in Voronezh.", "5. In 2000 the applicants each brought a set of proceedings against the welfare office of the Levoberezhnyi District of Voronezh to claim a raise of their pensions by a statutory index ratio.", "6. On 10 October 2000 the Levoberezhnyi District Court of Voronezh granted both applicants' claims. It awarded them arrears of 1,123.07 roubles (RUR) and RUR 1,089.51 respectively. Both judgments entered into force on 21 October 2000.[i]", "7. On 19 December 2000 the bailiff service instituted enforcement proceedings in respect of the judgments of 10 October 2000.", "8. On 27 April 2001 the bailiff service terminated execution proceedings in respect of both judgments of 10 October 2000, which had not been enforced because of the lack of funds on the debtor's accounts.", "9. On 30 May 2002, following the applicant's request, the bailiff service instituted new enforcement proceedings in respect of the judgments of 10 October 2000.", "10. On 27 June 2002 the bailiff service terminated execution proceedings, again because of the lack of funds on the debtor's accounts.", "11. The judgments of 10 October 2000 have not been enforced to date." ]

[ 3, 9 ]

[ "8. The applicant was born in 1952 and lives in Töging am Inn, Germany.", "9. On 25 November 1992 the applicant and his wife (hereafter Ms W.) divorced before the Groß Gerau District Court. In this context, the District Court granted them joint custody of their two daughters, aged four and eight at that time.", "10. On 6 July 1993, following Ms W.’s appeal (Beschwerde) and after hearing both her and the applicant as well as two representatives of the local Youth Office, the Frankfurt/Main Court of Appeal granted Ms W. sole custody of the children, while allowing the applicant to retain a right of access. It found that, given the fact that the parents did not seem entirely willing to co-operate in practical matters, it would be in the children’s best interest if decisions concerning their everyday life were taken by their mother alone. It added that the mother had agreed to discuss important decisions with the applicant and that she was expected to ensure that contacts between the applicant and his daughters would continue on a regular basis. In its decision, the Court of Appeal did not admit an appeal on points of law (weitere Beschwerde).", "11. On 9 August 1993 the applicant lodged a constitutional complaint with the Federal Constitutional Court. He claimed in particular that the decision of the Frankfurt/Main Court of Appeal had misinterpreted the existing provisions on custody of children, notably Section 1671 of the Civil Code (see Relevant domestic law, below), and infringed his parental rights guaranteed by Article 6 § 2 of the Basic Law.", "12. On 23 March 1994 the President of the Federal Constitutional Court informed the applicant that he had communicated the case to 25 third parties, who had the right to submit their observations until 30 September 1994. The list of third parties included the Federal Parliament (Bundestag), the Federal Council (Bundesrat), the Federal Government, the Länder Governments, the President of the Federal Court of Justice, the parties of the proceedings before the Frankfurt/Main Court of Appeal, as well as various national organisations dealing with family law issues and involved in the protection of children.", "13. On 13 November 1995, following the applicant’s request dated 2 October 1995, the Federal Constitutional Court forwarded the pertinent written observations dated 1 and 25 July, 20 and 27 September, 20 October and 9 December 1994 and 19 February 1995. These included the observations of the Federal Ministry of Justice of 9 December 1994 stating that the Government planned an amendment of the law on family matters, inter alia by introducing explicit provisions on joint custody after divorce.", "14. Towards the end of 1997, the applicant received a telephone call from the Federal Constitutional Court informing him that the questions raised by his complaint would become obsolete with the expected entry into force of the amended Law on Family Matters of 16 December 1997 (Kindschaftsrechtsreformgesetz) on 1 July 1998. The applicant was asked whether he wanted to declare that his constitutional complaint had been disposed of (Erledigterklärung) under these circumstances.", "15. On 24 June 1998 the applicant requested the Constitutional Court to deliver a decision despite the change of law brought about by the Law on Family Matters.", "16. On 22 December 1999 (decision served on 20 January 2000), the Federal Constitutional Court, sitting as a panel of three judges, refused to admit the applicant’s constitutional complaint. It found that due to the amended Law on Family Matters, the constitutional complaint no longer raised issues of general interest. The applicant’s complaints could be adequately dealt with in proceedings for the amendment of a court order (Abänderungsverfahren) pursuant to Section 1696 § 1 of the Civil Code (see Relevant domestic law, below) before the competent civil courts. In these proceedings, the new legal provisions on family matters could be taken into account." ]

[ 3 ]

[ "4. The applicant was born in 1965 and lives in Rostov-on-Don.", "5. In 2001 the applicant brought an action for damages against the Ministry of Internal Affairs following her husband's death during his military service in Chechnya.", "6. On 29 August 2001 the Leninskiy District Court of Rostov granted the applicant's claim. Her award consisted of a lump-sum compensation of 204,462 roubles (RUR) and a monthly payment of RUR 2,271.80, subject to future adjustment to a statutory rate.", "7. On 17 September 2001 the applicant obtained an execution order, which she submitted to the Ministry of Finance of the Russian Federation for payment.", "8. On 4 July 2003, after the case had been communicated to the Government, the applicant was paid RUR 313,508.40 pursuant to the execution order." ]

[ 3, 9 ]

[ "4. The applicants were born in 1930, 1931 and 1935 respectively and live in Novovoronezh, Voronezh Region.", "5. In 2000 the applicants each brought a set of proceedings against the welfare office of Novovoronezh to claim a raise of their pensions by a statutory index ratio.", "6. On 7 August 2000 the Novovoronezh Town Court of the Voronezh Region granted the second and the third applicants' claims. It awarded them arrears of 2,110.58 roubles (RUR) and RUR 1,521.09 respectively. Both judgments entered into force on 17 August 2000.", "7. On 28-29 August 2000 the bailiff service instituted enforcement proceedings in respect of the judgments of 7 August 2000.", "8. On 22 January 2001 the Novovoronezh Town Court of the Voronezh Region granted the first applicant's claim. It awarded her arrears of RUR 1,062.11. This judgment entered into force on 1 February 2001.", "9. On 30 January 2001 the bailiff service terminated execution proceedings in respect of both judgments of 7 August 2000, which had not been enforced.", "10. On 14 March 2001 the Voronezh Regional Office of the Pension Fund reported to the Town Administration of Novovoronezh that certain judgments concerning pension raise could not be enforced for lack of funding from the Pension Fund of the Russian Federation.", "11. On 31 May 2001 the bailiff service informed the second and the third applicants that the judgments in their favour could not be enforced for lack of funds on the debtor's accounts. It also informed the applicants that they could apply again for enforcement of the same judgments.", "12. On 20 August 2001 the Ministry of Justice of the Russian Federation reported to the Chairman of the Novovoronezh legislature that the bailiff service could not enforce certain judgments against the welfare office concerning pension matters. It pointed out that following a budgetary reform the welfare office was neither authorised, nor allocated funds to, make relevant payments. The bailiff office was thus unable to seize funds to secure enforcement of the judgments.", "13. The judgments of 7 August 2000 and of 22 January 2001 have not been enforced to date." ]

[ 3, 9 ]

[ "4. The applicant was born in 1965 and lives in Novocherkassk, Rostov Region.", "5. In 2001 the applicant brought an action for damages against the Ministry of Internal Affairs following the death of her husband during his military service in Chechnya.", "6. On 7 June 2001 the Leninskiy District Court of Rostov granted the applicant's claim. Her award consisted of a lump-sum compensation of 71,851.50 roubles (RUR) and monthly payments of RUR 1,710.75, subject to future adjustment to a statutory rate. The monthly payments were not paid to the applicant.", "7. In 2002 the applicant brought new proceedings to obtain the adjustment of the outstanding monthly payments.", "8. On 27 September 2002 the Leninskiy District Court of Rostov granted the applicant's claim. It made an adjustment of the monthly payments increasing them retrospectively to RUR 3,849. It awarded the applicant arrears of RUR 88,916.16 in respect of the period from 1 January 2002 to 1 October 2002.", "9. On 9 October 2002 the applicant obtained an execution order, which she submitted to the Ministry of Finance of the Russian Federation for payment.", "10. On 17 June 2003, after the case had been communicated to the Government, the applicant was paid RUR 30,793.44, and on 19 June 2003 she was paid RUR 88,916." ]

[ 3, 9 ]

[ "10. The first applicant was born in 1953, the second applicant was born in 1955 and the third applicant was born in 1945. The first two applicants are residents of Chechnya. The third applicant currently lives in Germany.", "11. The facts surrounding the bombing of the civilian convoy and the ensuing investigation were partially disputed. In view of this fact, the Court requested the Government to produce copies of the entire investigation files opened in relation to the bombing. The Court also asked the applicants to produce additional documentary evidence in support of their allegations.", "12. The submissions of the parties on the facts concerning the circumstances of the attack on the convoy and the ensuing investigation are set out in Sections 1 and 2 below. A description of the materials submitted to the Court is contained in Part B.", "13. The first and third applicant lived in the city of Grozny, and the second applicant in Staraya Sunzha, which is a suburb of Grozny. In the autumn of 1999 hostilities began in Chechnya between the federal military forces and Chechen fighters. The city and its suburbs were the targets of wide-scale attacks by the military. The applicants allege that at some date after 25 October 1999 they learned from radio and television announcements, including on the all-Russian channels RTR and ORT, that on 29 October 1999 a “humanitarian corridor” would be arranged for civilians to escape from the fighting in Grozny.", "14. Because of the attacks the third applicant and her family left Grozny on 26 October 1999 and went to stay with relatives in the village of Gekhi. The first applicant and her relatives tried to cross the border with Ingushetia on 28 October, but were told by the military at a roadblock that the corridor for civilians would be open the next day.", "15. Early in the morning of 29 October 1999 the first and the second applicants and their relatives – about a dozen persons in a RAF mini-van – left Grozny along the road towards Nazran, also known as the Rostov – Baku highway, or the “Kavkaz” highway. Around 8 a.m. they reached the military roadblock “Kavkaz-1” on the administrative border between Chechnya and Ingushetia. There was already a line of cars about one kilometre long. The first applicant and some relatives walked to the roadblock and the military informed them that they were expecting an order from their superiors to open the road, and that the order should arrive at about 9 a.m. The weather was bad at that time, it was cloudy and raining.", "16. The family of the third applicant left the village of Gekhi at about 5 a.m. on 29 October 1999 in three cars, a Zhiguli, a Niva and a blue GAZ-53, and travelled along the road to Nazran. When they reached the queue in front of the roadblock, they were assigned numbers 384 and 385 in the line. The line of cars grew very quickly, and there were three or four times as many cars behind them as in front. The third applicant estimated that there were over 1,000 cars in the column, including trucks, vans and buses.", "17. People started asking the servicemen about the opening of the border. At first they were told that it should be opened after 9 a.m., and that the soldiers were expecting an order to that effect. The first applicant estimated that about 11 a.m. a senior officer came out and told the people that the “corridor” would not be opened that day and that he had no information as to when it would be opened. According to the applicants, he also ordered everyone to clear the space in front of the roadblock and to return to Grozny. The column started to turn around, but progress was very slow because there were several lanes of cars and little space.", "18. The applicants turned around and were slowly moving with the convoy away from the roadblock. According to the second applicant, there was a large number of cars, and the column stretched over about 12 kilometres. Sometime later the clouds cleared and the applicants saw two planes in the sky. The planes turned over the column and fired missiles.", "19. The driver of the first and the second applicants' minivan stopped and the passengers started to get out. The first applicant's children, Ilona (also spelled Elona) Isayeva (born in 1983) and Said-Magomed Isayev (born in 1990) and her sister-in-law Asma Magomedova (born in 1954) were the first to get out. The first applicant saw them thrown to the side of the road by a blast. She recalled that the planes circled around the convoy and dropped bombs several times. The first applicant's right arm was hit by a fragment of a shell and she fainted. When she regained consciousness and ran to her relatives, all three were dead from shell-wounds. Another woman, Kisa Asiyeva, who was in the minivan, was also killed. After the attacks were over, the first applicant was taken by car with other wounded person to a hospital in Atagi. The doctors treated the wounds and sent her home, because there was no room in the hospital. One week later the first applicant travelled to Nazran, Ingushetia, where she had an operation on her right arm. She needs another operation on her arm.", "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, Ilona Isayeva and Said-Magomed Isayev, were dead. The second applicant believes that there were eight explosions after the first one. She was dragged to the side of the road by others, but later she returned to the road to help the first applicant to collect the bodies. Said-Magomed had a wound to the abdomen and Ilona's head had been torn away, and one leg was crushed. The second applicant was wounded by shells in the neck, arm and hip. Their minivan was not hit, and they used it to leave the scene afterwards. On 7 November 1999 she was taken to Ingushetia by ambulance for further treatment.", "21. The third applicant was in a Zhiguli car with her husband and his friend. Her son and two of her husband's nephews, one with his wife, were in the GAZ car behind them. She recalled that the rain stopped and the sky cleared when they passed the village of Khambirzi and were nearing the village of Shaami-Yurt. Then there was a powerful blast, and their car was thrown to the left side of the road. All its windows were broken. The third applicant realised that there had been a blast behind, and she ran over to see if her son and his cousins were alive. She believes that in the 50-60 metres she ran along the road to find her son's car, she saw several destroyed cars, vans and trucks and 40-50 dead bodies, disfigured and mutilated, some of them in vehicles, some thrown around by the blasts. She recalled a bus with the rear side totally destroyed and a Kamaz truck with human and cattle bodies inside.", "22. The third applicant, her husband and their friend picked up some people who needed help. Their Zhiguli car had flat tyres, but they reached Shaami-Yurt, where they changed tyres. They then travelled back to Gekhi where their relatives lived. In the meantime, the applicant's son picked up the wounded and took them to a hospital in Achkhoy-Martan, the district centre. He later returned to the place of the bombing, as he was not sure if the third applicant had been able to leave it. The planes were still flying over the remains of the convoy and struck again. Their GAZ car with all the family possessions was destroyed by a direct hit, as well as their Niva car. The applicant's son and his cousins ran on foot through neighbouring villages, and in the evening reached Gekhi. They later fled to Ingushetia.", "23. The applicants are not certain about the exact timing of the attack, as they were in a state of shock. They accepted the timing of the attack given by the Government. They submitted transcripts to the Court of interviews with other witnesses of the attack. In their testimonies these witnesses described the bombing of a convoy of refugees from Grozny near the village of Shaami-Yurt on 29 October 1999, confirming that after the strikes they saw numerous burned and damaged cars, including at least one Kamaz truck filled with civilians and at least one bus. They also confirmed that there were dozens of victims, killed and wounded. Several testimonies concerned the deaths of the first applicant's relatives (see Part B below for a description of the testimonies).", "24. The applicants submitted that they saw only civilians in the convoy, and that they did not see anyone from the convoy attempting to attack the planes.", "25. According to the Government, on 29 October 1999 the representative of the Chechen Committee of the Red Cross decided to evacuate the office to Ingushetia. As he did not co-ordinate the move with the military authorities, when he and a convoy of vehicles reached the check-point “Kavkaz-1” on the administrative border with Ingushetia, they had to turn back as the check-point was closed.", "26. The Red Cross could have used the opportunity to inform the security and military authorities in advance about their travel, which would have made it possible for them to ensure a safe evacuation route. The checkpoint was closed because it could not supervise the passage of a “fair quantity of refugees”. On the way back to Grozny the convoy was joined by a Kamaz truck carrying rebel Chechen fighters.", "27. At that time the military authorities were planning and conducting counter-terrorist operations in the Achkhoy-Martan district, aimed at preventing supplies and personnel of the rebel fighters being brought to Grozny by heavy transport, as well as identification and suppression of any other persons, supporting networks or command centres offering armed resistance to the authorities.", "28. As part of that mission, on 29 October 1999 two military SU-25 aeroplanes, flown by military pilots identified for security reasons as “Ivanov” and “Petrov”, were on a mission to conduct reconnaissance and to suppress such movements. At around 2 p.m., when flying over the village of Shaami-Yurt, they saw vehicles moving towards Grozny. The planes were attacked from a Kamaz truck with large-calibre infantry fire-arms. The pilots reported the attack to an air-traffic controller identified as “Sidorov” at the command headquarters, and were granted permission to use combat weapons. At about 2.15 p.m. the planes fired four rockets each from a height of about 800 metres at the Kamaz, which they estimated carried at least 20 fighters, and destroyed it. They then located a second Kamaz truck on the same road on an intersection with a road to the village of Kulary, from which they were also attacked. The pilots retorted by launching two missiles each at the target. They then returned to their deployment aerodrome. In their submissions on the admissibility of the applications, the Government indicated the timing of the attack as 2.05 – 2.20 p.m. and 3.30 – 3.35 p.m.", "29. The Government conceded that apart from the two Kamaz trucks targeted, other vehicles were destroyed or damaged. From the observations on the merits submitted by the Government, it appears that 14 civilian vehicles were damaged. This resulted in 16 civilians being killed and 11 wounded. Among the killed were two employees of the local Red Cross Committee and the first applicant's three relatives. Among the wounded were the first and the second applicant. The Government did not submit any information about the number or names of wounded or killed fighters in the Kamaz trucks.", "30. At the same time, the Government submitted that the pilots had not foreseen and could not have foreseen the harm to the civilian vehicles, which appeared on the road only after the rockets had been fired. In the Government's view, the fighters were deliberately using the convoy, which had been moving without authorisation, as a human shield. The radius of damage of the rockets is 600 – 800 metres, which explained the casualties.", "31. In connection with the incident, the International Committee of the Red Cross (ICRC) in Geneva issued a press release on 30 October 1999. It stated that, according to the local branch of the Red Cross, on 29 October 1999 a convoy of vehicles, among them five vehicles of the Chechen Committee of the Red Cross, had tried to cross the border into Ingushetia but had been turned back at the check-point and were returning to Grozny. All five cars were clearly marked with the Red Cross sign, and the truck displayed a red cross on its roof. They were attacked by missiles from aeroplanes, as a result of which two Red Cross workers were killed and a third was wounded. A number of other vehicles were also hit, resulting in some 25 civilian deaths and over 70 injured.", "32. The Russian military air force issued a press release which stated that on 29 October 1999 at 2 p.m. a column of trucks with fighters and ammunition was moving along the road from Nazran towards Grozny. A SU-25 plane flying over the convoy was shot at with automatic weapons and called a second plane for support. The planes hit the convoy with missiles at an interval of five minutes, as a result of which two trucks full of fighters were destroyed. The press service denied that civilians could have been hit by the air strikes.", "33. On 2 December 1999 the Committee to Protect Journalists (CPJ), New York, stated that on 29 October 1999 two TV journalists, one working for a Moscow-based company, and the other for a local station in Grozny, were killed during a military attack on a convoy of refugees fleeing Grozny near the village of Shaami-Yurt. According to the statement, the two journalists were covering the movement of a convoy, and when the first rocket hit a bus with refugees, they went out to film the scene. As another rocket hit a nearby vehicle, both were fatally injured.", "34. The attack on the convoy was reported in the Russian and international media.", "35. On 20 December 1999, at the first applicant's request, the Nazran District Court of Ingushetia certified the deaths of Ilona Isayeva, born on 29 May 1983, and Said-Magomed Isayev, born on 30 October 1990, “due to shell-wounds received as a result of bombing of a convoy of refugees from Grozny by fighter planes of the Russian military air force on the “Kavkaz” road between the villages of Shaami-Yurt and Achkhoy-Martan on 29 October 1999, around 12 noon”.", "36. In September 2000 the Ingushetia Republican Prosecutor introduced a request for supervisory review to the Presidium of the Supreme Court of Ingushetia, by which he sought to quash the decision of 20 December 1999. On 17 November 2000 the request was granted, and the decision was quashed. The case was remitted to the District Court. The Government submitted that the first applicant failed to appear at the District Court for a new consideration and that her place of residence was unknown. On 18 March 2002 the Nazran District Court adjourned the case due to the first applicant's failure to appear on summonses.", "37. On 3 May 2000 the military prosecutor of the Northern Caucasus military circuit (военная прокуратура Северо- Кавказcкого военного округа), military unit no. 20102, located in Khankala, the Russian federal military headquarters in Chechnya, opened a criminal investigation, no. 14/33/0205-00, concerning the aerial bombardment of a refugee convoy near the village of Shaami-Yurt on 29 October 1999.", "38. The investigation confirmed the fact of the bombardment, the deaths of the first applicant's relatives and the wounding of the second applicant. It also identified several witnesses and relatives of other victims of the bombardments, who were questioned. Some of them were granted victim status and recognised as civil plaintiffs. The investigation identified a number of individuals who had died as a result of the strikes and who were wounded. It also identified two pilots who had fired at the convoy and the control tower operator who had given permission to use combat weapons. The pilots, who were questioned as witnesses, stated that their targets had been two solitary Kamaz trucks with armed men, who fired at the planes. In response, the pilots used eight S-24 air-to-ground missiles[1] against the first truck and four such missiles against the second truck. No one was charged with having committed a crime (see Part B below for a description of the documents in the investigation file).", "39. On 7 September 2001 the criminal investigation was closed due to lack of corpus delicti in the acts of the pilots. This decision was appealed to the military court by a victim of the attack, Ms Burdynyuk. Following her complaint of 6 June 2002, the Bataysk Garrison Military Court quashed the investigator's decision on 14 March 2003 and remitted the case for a new investigation to the military prosecutor of the Northern Caucasus military circuit (see § 88 below).", "40. After the hearing of 14 October 2004 the Government submitted a document of 5 May 2004 issued by a military prosecutor of the Northern Caucasus military circuit. By this decision the criminal investigation was again closed due to the absence of corpus delicti in the acts of the pilots (see §§ 90-97 below).", "41. The applicants stated in their submissions that they were not aware of any adequate steps taken by the authorities to conduct an efficient and meaningful investigation and to ensure their participation in it. The first applicant submitted that some time after her complaint to the Court had been communicated to the Russian Government, her elder brother, Aslanbek Vakhabov, was twice visited at his house in Chechnya by the military prosecutors, who were looking for her. After the second visit the prosecutors left a note for the first applicant, instructing her to appear at the Khankala military base for questioning. The first applicant failed to do so. She submitted that Khankala was the main military base of the federal forces in Chechnya, was not freely accessible to civilians and was heavily guarded and surrounded by numerous check-points. It would be very difficult and unsafe for her to attempt to get there on her own, and she believed that the prosecutors could have found her either in Ingushetia, where she was staying, or in Chechnya, where she travelled. The first applicant was also aware that prosecutors from the Chechen town of Achkhoy-Martan were once looking for her in Ingushetia, while she was in Grozny.", "42. The second and third applicants were never called for questioning. They were not given any official information in relation to the incident. None of the applicants was officially informed that they had been granted the status of crime victims (потерпевшие), as provided by Article 53 of the Code of Criminal Procedure.", "43. The parties submitted numerous documents concerning the investigation into the killings. The main documents of relevance are as follows:", "44. The Government submitted a copy of the investigation file in the criminal case, divided into two volumes. No list of documents was provided, but it is apparent from the numbering of the pages that there were initially at least three volumes and that a certain part of the file is missing. According to the documents submitted, the investigation made some attempts to locate the first applicant and, to a lesser extent, the second applicant. Although some of their relatives were questioned and granted victim status (it is not clear whether they were informed of this), the investigators did not contact the first and the second applicant directly. It does not appear that the third applicant was ever sought. The documents contained in the case-file present a coherent and detailed account of the attack of which the applicants complain.", "45. The most important documents contained in the file are as follows:\na) Documents from the Red Cross", "46. The Moscow Office of the International Committee of Red Cross (ICRC) addressed the Main Military Prosecutor's Office in Moscow in relation to the attack on the convoy on 29 October 1999. On 29 October 1999 the ICRC urgently informed the Ministry of Internal Affairs that, due to a rapid deterioration of the security situation in Grozny, the local personal of the ICRC and of the Chechen Committee of the Red Cross were being evacuated from Grozny by a convoy of five trucks and six passenger vehicles. The letter stated that the vehicles would not be marked by any emblem.", "47. Later on 29 October 1999 the ICRC again urgently informed the Ministry of the Interior that the Red Cross personnel were unable to cross the border with Ingushetia. The road between Ingushetia and Grozny was under fire and one of the Red Cross trucks had been damaged.", "48. On 16 November 1999, in reply to a request from the Main Military Prosecutor's Office of 9 November 1999, Mr Ruslan Isayev, chairman of the Chechen Committee of the Red Cross and Red Crescent, submitted his account of the attack. He submitted the following:\n“I have been the Chairman of the Chechen Committee of the Red Cross since January 1995. We worked together with the ICRC, taking care of 15,000 elderly and disabled persons in Chechnya... From 1 October 1999 we had to close the food centres since electricity and gas had been cut off, but we continued to bake bread using diesel fuel and to distribute it to 12,000 elderly persons... Starting from 20 October 1999 Grozny came under heavy air bombardment, and on 27 October we stopped all programmes, because it was impossible not just to work, but to stay there. We started to prepare to evacuate, and I informed the ICRC Office in Nalchik [Kabardino-Balkaria] of this fact.\nBecause all public media were declaring that an exit route to Ingushetia would be opened for refugees on 29 October 1999, we decided to evacuate on 29 October 1999, together with the ICRC staff. In order to evacuate we needed special permission, and on 29 October we brought all our transport to the [rebel] commandatura, which issued a permit to travel. I went ahead of the convoy to check the road, and saw several craters from explosions on the road, so I personally ensured that we had flags with red crosses on the roofs of our three trucks.\nOur cars travelled in a convoy, and at about 8.30 a.m. we were in a line of cars on the Rostov- Baku highway. The line extended for about 3 kilometres from the check-point [at the border with Ingushetia]. About 10 a.m. at the check-point, where about 3000 people were waiting and no one was let through, a general appeared ... and said that no one would be allowed to cross, because the check point was not prepared. He said that it would open five days later, that everyone should go back, and that he guaranteed that the road would not be attacked. Until about 11.30 a.m. we could not turn around, because of a line of cars about seven kilometres long behind us. At noon we started to move towards Grozny. I was heading the convoy in a Zhiguli car, the others were behind me. Other refugees followed our convoy, having seen our red cross symbols; they were also flying white flags.\nAbout two kilometres before Shaami-Yurt I saw two military planes launching rockets. As cars were also approaching from opposite direction, I thought that they had been shooting at something by the side of the road. In order to verify, I accelerated and went ahead of the convoy. When I reached the bridge, I saw the road turning to the left and the planes bombing the road. When I reached the spot, two trucks were lying on the left side of the road, both on their sides, on the right side a Zhiguli car was burning after a direct hit and nearby a woman covered in blood was trying to take out of the car a man's beheaded body. I stopped to help, but at that moment passengers in my car whom I had picked up on the road to Grozny started to scream and pointed to the skies. I saw two military planes coming towards us. I got back into the car and drove forward. After about 100 metres the car jolted and the back windscreen was broken. The car slowed down because one of the back wheels had been punctured. After 600 metres I reached Shaami-Yurt, where I let the passengers out, changed the tyre and returned to the convoy. When I approached the bridge I saw a horrible site. In front, on the bridge, was our Mercedes truck. Its cabin was almost entirely gone. Other cars were behind it. I ran to the truck and saw that the bodies of two drivers, Aslanbek Barzayev and Ruslan Betelgeriyev, were torn apart. Then I started to look for the others. To the right under the road I found Ramzan Musliyev, who was wounded in the back. Then I found other colleagues who were assisting the wounded from a PAZ bus, which had taken a direct hit by a rocket; 12 people had been killed on the spot. We took the wounded and two cars with broken windows which could drive and went to the village of Khambirzi. I told the staff to unload the trucks and take away the dead after things had calmed down. In the meantime I drove the wounded to the village of Alkhan-Yurt. At 4 p.m. I returned to my colleagues in Khambirzi. They told me that the planes had returned and attacked the convoy twice more, and that they had descended to a very low height and shot at the cars with machine-guns.\nTo sum up, on 29 October 1999 between 12 and 4 p.m. on the bridge near the village of Shaami-Yurt, military planes attacked a civilian convoy containing refugees five times; consequently, dozens of cars were destroyed, about 25 persons were killed and about 75 were wounded. I believe that many victims were hurt because numerous refugees followed our convoy, having noticed the Red Cross sign.\nI and my colleagues categorically deny that the planes were allegedly shot at from the convoy. Starting from the cross-roads with the road to Urus-Martan, not only we did not see any cars with an anti-aircraft gun, but we did not see not a single armed person. While in Chechnya we ourselves suffered from the [Chechen] fighters, who accused us on many occasions of working for the Russians, and our office and staff had been attacked, so we were very cautious. I cannot state that the pilots deliberately aimed at the Red Cross convoy, but they could not have failed to see our trucks with the crosses on the ill-fated bridge, and afterwards they were striking at the civilian convoy for four hours.”", "49. To this statement were appended copies of the identity documents of the two drivers who had been killed, Aslanbek Barzayev and Ramzan Bitilgiriyev. There was also a travel permit for six vehicles, issued by an “independent Chechen authority” – the Aldy commandatura – on 29 October 1999.", "50. Three other testimonies were collected from the Red Cross workers in April 2000. They confirmed Isayev's statements as regards the timing and the circumstances of the attack and the identity of the victims who had been Red Cross employees.\nb) Decision to start the criminal investigation", "51. On 27 April 2000 a military prosecutor from military unit no. 20102 in Khankala issued a decision not to open a criminal investigation into the complaint by the Red Cross Committee. The decision said that a review of the complaint established that the Red Cross convoy was travelling on 29 October 1999 to Ingushetia, and that it could not cross the administrative border because the check-point had not been prepared. The convoy movements were not coordinated with the headquarters of the United Group Alignment (UGA). When returning to Grozny, the convoy, together with other vehicles, was attacked at the bridge near the village of Shaami-Yurt by “unidentified airborne devices”. The decision further referred to information from the headquarters of the UGA that, according to the operations record book, on 29 October 1999 the UGA aviation forces had not conducted flights in the vicinity of Shaami-Yurt. The investigator concluded that there was no proof that the servicemen from federal forces had been involved in the air bombardment of the Red Cross convoy and refused to open a criminal investigation because of the absence of a corpus delicti in the actions of servicemen of the armed forces.", "52. On 3 May 2000 a prosecutor of the Military Prosecutor's Office for the Northern Caucasus in Rostov-on-Don quashed the decision of 27 April 2000 and ordered an investigation. On 10 May 2000 the military prosecutor of military unit no. 20102 accepted the case no. 14/33/0205-00 for investigation. On 28 June 2000 the case-file was transferred to another investigator within the same military unit.", "53. After communication of the case by the Court to the Russian Government in June 2000, the Prosecutor's Office for the Northern Caucasus requested information about the case from the Chechnya Republican Prosecutor's Office. On 13 September 2000 the Achkhoy-Martan District Prosecutor's Office opened criminal investigation no. 26045 into the killing of the first applicant's three relatives and the wounding of the first and the second applicants. In November 2000 the criminal case was forwarded for investigation to military unit no. 20102. On 4 December 2000 a military prosecutor in the same military unit joined it with the investigation no. 14/33/0205-00.", "54. It appears that at some point in 2001 the criminal case was transferred for further investigation to the North Caucasus Military Prosecutor's Office in Rostov-on-Don.\nc) Documents related to the Burdynyuk family", "55. Among the victims of the attack were Nina and Boris Burdynyuk, residents of Grozny. The husband was killed in the attack, and the wife was wounded. On 6 December 1999 Nina Burdynyuk wrote to the local military prosecutor in Anapa, Krasnodar Region, where she was staying. She stated that on 29 October 1999 she and her husband travelled along the “humanitarian corridor” that had been declared for Grozny residents. Through a local transport agency, they had arranged in advance for a truck to collect them and their movable property. As the roadblock was closed, they had to go back to Grozny. At 1.10 p.m. near the village of Shaami-Yurt they were attacked by military planes. Their car was thrown to the side by a blast, which killed her husband, and wounded her and the driver. Ms Burdynyuk was taken away by passers-by for first aid, but returned for her husband's body, which had in the meantime been taken to a village mosque. With the assistance of a local resident, she took her husband's body to a roadblock near Achkhoy-Martan and buried it in a shallow grave. On 4 November she reached Anapa, where her daughter lived. She was treated in hospital for head trauma and concussion. Upon release from the hospital, on 2 December 1999, she returned to Chechnya to collect her husband's body. On 5 December 1999 she placed it in the Anapa town morgue. She requested the military prosecutor of the Novorossiysk Garrison to open a criminal investigation into the attack and to order a forensic expert report on her husband's body.", "56. On 8 December 1999 a forensic report on the body of Boris Burdynyuk concluded that he had died of a shell wound to the chest, possibly in the circumstances indicated in his wife's statement. On 8 December 1999 the Anapa civil registration office issued a death certificate for Boris Burdynyuk, who had died on 29 October 1999 in the village of Shaami-Yurt, Chechnya.", "57. The documents pertaining to the case were forwarded to the military prosecutor of military unit no. 20102, who on 7 February 2000 issued a decision not to start criminal investigation because no crime has been committed. There were no grounds to conclude that military pilots could have been involved in the death of Boris Burdynyuk.", "58. On 23 October 2000 that decision was quashed by a military prosecutor of military unit no. 20102. The investigation was joined to investigation of criminal case no. 14/33/0205-00, which concerned the attack on the Red Cross convoy.", "59. On 1 September 2000 Ms Burdynyuk was questioned as a witness. On the same day an investigator of the Anapa Prosecutor's Office, acting upon directions from the military prosecutors, issued a decision to recognise her as a victim and as a civil plaintiff in the case.\nd) Questioning of the first applicant's relatives", "60. On 11 August 2000 two of the first applicant's relatives – her brother Aslanbek Vakhabov and nephew Alikhan Vakhabov - were questioned as witnesses. Aslanbek testified that his wife and son, the first and the second applicants and other relatives (he named 12 persons) had left Grozny on the morning of 29 October 1999 for Ingushetia. The witness had remained at home, and at about 5 p.m. his relatives had returned with the same minibus. Four of the people inside had been killed and the rest were wounded, as a result of an air strike at the convoy. The first applicant's two children, Ilona Isayeva and Said-Magomed Isayev, were buried in the Chernorechye cemetery near Grozny. Alikhan Vakhabov, a teenager who was in the minibus, testified about the circumstances of the attack and about his splinter wound in the left shoulder. He was treated in the Atagi hospital immediately after the incident, and then stayed for some time in the Nazran hospital in Ingushetia.", "61. On 18 October 2000 the investigators questioned Zhalavdi Magomadov, a relative of the Vakhabovs, who was in the minivan on 29 October 1999 and who gave a detailed account of the events. He submitted that there were 15 passengers in the minibus, himself included, plus the driver. He estimated the timing of the attack between 12 and 1 p.m., because some people had stopped by the road for the midday prayer (namaz). He recalled that first he heard an explosion in front of their car, where a Mercedes truck had been travelling. Their minivan stopped and everyone started to get out of the car and ran towards the shoulder of the road. At that point a second explosion occurred on the right side of the road. The witness was wounded by shrapnel in both legs, one arm and his back and he was in a state of shock, but he recalled two other explosions somewhere nearby. He further recalled being brought by his relatives to the hospital in Staraya Sunzha, where he was operated on and shrapnel were extracted from his body. Six passengers in the van were killed: the witness's mother (Asma Magomedova) and two sisters, the first applicant's two children and another woman. The witness submitted that no forensic examinations were performed on the bodies before burial and that he objected to exhumation of the bodies of his mother and two sisters. Seven passengers in the minivan, including himself and the driver, received shrapnel wounds of varying severity. When asked if he had heard anyone shooting from the convoy at the planes, the witness denied it and said that he did not see any armed men in the convoy. He also produced a detailed drawing of the site, with an indication of the placement of the cars on the road and the explosions.", "62. The investigators attempted to find the first and the second applicants. In September 2001 they questioned a resident of Nazran, who stated that in September 1999 – autumn 2000 two families of refugees, the Yusupovs and Isayevs had lived in his house. He did not know anything of the attack in October 1999 and did not know where they had gone afterwards.\ne) Examination of the site", "63. On 15 August 2000 the investigators of military unit no. 20102, together with two employees of the Red Cross who had witnessed the attack, travelled to the site. They found the damaged carcass of the Mercedes truck about 30 metres from the bridge and photographed it and the fresh asphalt patch on the road where the witnesses stated the crater had been. The Red Cross submitted their own photographs of the destroyed truck and of the explosion craters on the road.\nf) Documents related to identification of other victims", "64. The investigation attempted to identify and question other victims of the attack or their relatives and to collect medical records and death certificates. Requests were sent to the local departments of the interior in Chechnya, to the district prosecutors' offices and to the five largest refugee camps in Ingushetia.", "65. On several occasions in 2000 and 2001 six workers from the Chechen Committee of the Red Cross were questioned about the circumstances of the attack. They gave detailed explanations, accompanied by drawings of the site. Relatives of the two deceased Red Cross drivers were questioned. They testified about the deaths and identified the graves. An order for exhumation and a forensic report was issued, but the relatives objected and the order was not carried out. The father of one driver was granted victim status in the proceedings in July 2001.", "66. In addition to the relatives of the first and the second applicants, Ms Burdynyuk and Red Cross staff, the investigators identified other victims. Two correspondents of local TV stations, Ramzan Mezhidov and Shamil Gegayev, were killed during the attack. The investigators questioned Mezhidov's mother and widow, who objected to his exhumation. They submitted his death certificate and medical documents about his wounds. It does not appear that Gegayev's relatives were questioned.", "67. The relatives of Sadik Guchigov, driver of the truck in which the Burdynyuk family had been travelling, testified that he had died from his wounds one month after the events. His widow was questioned and granted victim status in the proceedings. She also produced her husband's medical documents and death certificate and objected to his exhumation.", "68. Five other persons who were killed during the attack on the convoy were identified, their relatives were questioned and some were granted victim status. In addition, one local resident from the village Valerik was killed not far from the road when he was washing his car by a pond, apparently by the same air strikes. His brother was also granted victim status.", "69. The investigation established a total of 18 deaths.", "70. The witnesses also consistently referred to a PAZ bus (a 25-seater), which received a direct hit and where at least 12 persons were killed. They also referred to a Kamaz truck containing refugees – mostly women and children – and cattle which was directly hit and burned down, apparently with no survivors. It does not appear that the passengers of these two vehicles or their relatives were ever established.", "71. On 6 September 2001 the investigators questioned a woman, whose name was not submitted to the Court, identified as “Raisa”. She testified that on 29 October 1999, together with three other persons, she tried to leave in their car for Ingushetia through the “humanitarian corridor”. After they were refused permission to cross at the checkpoint, they turned back at about noon and reached Grozny safely. Later she learned that the refugees had been attacked from the air, and that many people were killed and wounded. She submitted that on the road back she had seen a group of four or five men on the edge of the Samashki forest, dressed in camouflage and with machine-guns. Their car, a mud-splattered all-terrain UAZ vehicle, was nearby. The witness presumed that these were Chechen fighters, who could have provoked the military planes, circling in the skies, to strike at the refugees on the road. When asked, the witness said that she did not see a Kamaz or any other trucks with fighters.", "72. Through witnesses testimonies and medical documents the investigators also identified several persons who had been wounded, among them the first and second applicants.", "73. In summer 2001 ten medical records of the wounded on 29 October 1999 were sent from the Urus-Martan hospital for forensic reports. The reports concluded that the injuries –shrapnel wounds, traumatic amputations of limbs, concussion, head traumas – could have been received in the circumstances described by the victims, i.e. during an air strike. Two of the wounded died later and their relatives were granted victim status in the proceedings. One was Ramzan Mezhidov, a local TV reporter. It appears that other wounded persons or their relatives were not found by the investigators, despite certain attempts to that effect.", "74. On 27 August 2001 the investigator issued nine decisions to grant victim status to persons whose relatives had been killed or wounded, among them the first and second applicants. These decisions were not countersigned by the victims, as prescribed by the Code of Criminal Procedure, and there is no indication that they were sent to the applicants or to their relatives whose addresses had been established.\nj) Testimonies of local residents and medical personnel", "75. The investigators questioned eight residents of Shaami-Yurt. They testified that there were air-strikes on the road and that dead bodies had been brought to the village mosque on 29 October 1999. They also testified about giving first aid to the victims.", "76. In 2000 and 2001 the investigators questioned medical personnel from the hospitals in Achkhoy-Martan, Staraya Sunzha (Grozny), Urus-Martan and Nazran (Ingushetia). They testified about the wounded who had been brought to the hospitals on 29 October 1999. It appears that the majority of the victims were brought to the Achkhoy-Martan hospital, which was the closest to the site. However, no records were made that day because the large number of victims meant that all the staff was busy providing first aid for the heavy wounds. At least ten wounded persons were brought to the Urus-Martan hospital and six to the Staraya Sunzha hospital, where a nurse recalled treating the second applicant and Zhalaudi Magomadov for shrapnel wounds.\nk) Information from the military", "77. In November 2000 in the course of the investigation into the applicants' complaints, the District Prosecutor's Office in Achkhoy-Martan requested the commander of the UGA and the military commandant of Chechnya to submit information about flights on 29 October 1999 in the vicinity of Achkhoy-Martan and Shaami-Yurt. It is unclear if any answers were submitted, and ten days later the criminal investigation was transferred to the military prosecutor of military unit no. 20102.", "78. In October 2000 the military investigators questioned two military pilots and an air controller. They were questioned as witnesses and their real names were not disclosed to the Court.", "79. The air controller identified as “Sidorov” submitted that on the evening on 28 October 1999 he was informed, in accordance with procedure, about an aviation mission for the following day. The mission was to prevent the movement along the road towards Grozny of heavy vehicles, possibly carrying weapons, fighters and other supply equipment for the “illegal armed groups” defending the city. On the same evening he informed two pilots of the mission. Neither on 28-29 October 1999, nor later, until the questioning, had he been informed of a “humanitarian corridor” for civilians, about the movement of a Red Cross convoy on the road or about civilian casualties. He was not aware whether the “Kavkaz-1” roadblock was functioning or not and received no information from that roadblock.", "80. The witness further submitted that on 29 October 1999 the pilots left for the mission without airborne forward controllers, because the mission was not perceived to be taking place close enough to the federal troops. The forward air controllers remained on the ground in the control tower. At about 2 p.m. one air-crew reported a solitary Kamaz truck on the road near the village of Shaami-Yurt, not far from the Samashki forest, from which they were being fired at. The air controller, knowing from the reconnaissance information about the presence of fighters in the Samashki forest and in view of the mission's purpose, permitted them to open fire. The pilots did not report any other vehicles on the road or the Red Cross signs on the truck. Neither did they report any errors in hitting the targets.", "81. On 10 October 2000 a pilot identified as “Ivanov” testified that on 29 October 1999 he was performing a mission to prevent the movement of heavy vehicles towards Grozny. On the road near Shaami-Yurt, about 100 metres from the bridge, he observed a dark-green Kamaz truck with a canvass cover. He descended from 1500 metres to 200 metres for a closer look. The pilot could see the truck very clearly, was certain of its mark and was sure that it did not bear any signs of the Red Cross. When asked, he responded that had he seen the Red Cross signs, he would not have fired at the vehicle. He was also certain that there were no other vehicles on the road at that time. The wingman reported fire from the truck, and the pilot requested the ground controller's permission to open fire. Permission was granted and the pilot made a loop, aimed at the truck and fired rockets from the height of 800 metres. By that time the truck had already crossed the bridge. The timing of the attack was about 2.05 – 2.10 p.m. He then climbed to 2000 metres. When flying over the site he noted that the truck had stopped. Then, at the crossroads near the village of Kulary he noted a second solitary Kamaz truck, also dark-green, and a group of armed persons dressed in camouflage near it, firing at the planes with sub-machine guns. The crew's attention was drawn to this new target and they no longer observed the first target. The visibility conditions were good and the sky was clear. No other cars were on the road at the time. The pilot submitted a drawing of the site with indications of the two solitary trucks on the road.", "82. On 10 October 2000 a pilot identified as “Petrov” was questioned as a witness. His testimony begins with words “I confirm my previous submissions”, however no other testimonies from him were submitted to the Court. He repeated, almost word for word, the first pilot's submissions about the circumstances of the attack on 29 October 1999. He added that he did not see “any refugee convoys” or cars marked with a Red Cross symbol.", "83. On 8 December 2000 additional information was taken from the pilot identified as “Ivanov”. The statement refers to two previous interviews, of which only one – dated 10 October 2000 – was submitted to the Court. The pilot was questioned about the number and type of missiles fired. He said that he fired two S-24 missiles at the first Kamaz truck.", "84. As well as answering questions, the pilots were asked to indicate the coordinates of their targets on a detailed map of the district, which they did. One target was marked on the road before the bridge leading to the village of Shaami-Yurt, the other – about 12 kilometres away along the same road, on an intersection near the village of Kulary.", "85. The case-file also contains two photographs of planes, undated and without descriptions.\nl) Decision to close the criminal proceedings and its challenge", "86. On 7 September 2001 the criminal case was closed due to the absence of corpus delicti in the pilots' actions. It does not appear, however, that this decision was communicated in a timely manner to the victims or to the applicants. Nor was a copy of this decision submitted to the Court.", "87. On 6 June 2002 Ms Burdynyuk wrote to the Rostov-on-Don Garrison Military Court asking for review of the decision not to open criminal proceedings. On 31 December 2002 the Military Prosecutor of the Northern Caucasus forwarded her complaint to the Military Circuit Court, along with the criminal case which comprised five volumes. On 4 February 2003 the North Caucasus Circuit Military Court established that the case should have been reviewed by the Grozny Garrison Court, but because the latter was not functioning, the case was transferred to the Bataysk Garrison Military Court.", "88. On 14 March 2003 the Bataysk Garrison Military Court quashed the decision of 7 September 2001 and remitted the case for a new investigation. The court cited the decision of 7 September 2001, according to which the investigation had established that on 29 October 1999 the pilots “Ivanov” and “Petrov” struck at two solitary Kamaz trucks containing rebel fighters on the road between the border between Ingushetia and Grozny. Both vehicles were destroyed. However, besides the two vehicles, the rockets damaged the convoy of Red Cross vehicles and refugees. As a result of the attack, 14 vehicles were destroyed and 16 persons killed, including Ms Burdynyuk's husband; 11 persons were wounded. The investigation concluded that “the convoy was indeed damaged by the actions of the pilots 'Ivanov' and 'Petrov' from the Ministry of Defence, who were acting in accordance with their mission and aimed the missiles at the cluster of enemy personal and hardware. They did not intend to destroy the civilian population and the Red Cross convoy, because they did not and could not have foreseen such a possibility. Death and injuries were caused to the victims because they, on their own initiative, happened to be in the impact zone of the missiles, the extent of which exceeds 800 metres”.\nThe Garrison Court stated:\n“On 7 September 2001 the criminal case was closed by an investigator of the Circuit Military Prosecutor's Office for the Northern Caucasus under Article 5 § 2 of the Criminal Procedural Code, i.e. due to the absence of corpus delicti in the pilots' actions, because the vehicles of the Red Cross and of the refugees on their own entered into the impact zone of the missiles. The pilots did not and could have not foreseen such consequences.\nThe court believes that the pilots were executing an assigned task, namely to 'locate and destroy fortified points and the enemy mobile forces and resources' in 'free chase' mode, i.e. the decision to employ combat means was based on their own appreciation of the observed situation. There is no doubt that such assessment should include not only an assessment of the targets, but also of the possible harm to other vehicles and persons who were in the vicinity. Observing the said targets (cars with 'fighters'), they could not have failed to notice other vehicles with people nearby, and they should have proportionated the weapons according to their characteristics, precision, damage radius etc. The court finds that the pilots did not take all this properly into account, which explains that 14 civilian vehicles were damaged, 16 persons killed and 11 persons were wounded as a result of the missile attack.\n...taking into account that not all investigative measures were taken to the extent necessary to ascertain the pilots' guilt, an additional investigation is needed in this case”.", "89. On 26 March 2003 the North Caucasus Military Prosecutor's Office accepted the case for further investigation.\nm) Decision of 5 May 2004", "90. On 5 May 2004 a prosecutor of the North Caucasus Military Prosecutor's Office again closed the criminal case due to the absence of corpus delicti in the pilots' actions. A copy of this document was submitted by the Government after the hearings in Strasbourg on 14 October 2004. The Government did not submit new documents from the investigation file to which the decision refers. From this document it follows that at some point (presumably, after March 2003) the first and the second applicants were questioned as witnesses about the circumstances of the attack and granted victim status in the proceedings. Additional attempts were made to find and question the third applicant, but they were not successful.", "91. The document also referred to some additional evidence obtained from the military. It mentioned a log book which noted the time of the missile strike on 29 October 1999 in the vicinity of Shaami-Yurt as 14.05 – 14.20 p.m.", "92. The decision referred to undated statements of the two pilots identified as P. and B. (presumably the same ones as “Ivanov” and “Petrov”, cited above in §§ 81-84). Pilot P. in his statement allegedly submitted that while on mission on 29 October 1999 they noted a Kamaz truck on the eastern edge of the Samashki forest, near the village of Shaami-Yurt. Some persons jumped out and ran towards the forest. At the same time the plane was shot at from the truck, probably with a large-calibre machine-gun. The pilot realised that the plane had been hit. He reported this to the leading pilot, who requested permission to use fire-power from the control centre. When the permission had been granted, they both fired at the truck two rockets each, twice, from the height of 1600-2000 metres. At that time they did not notice any other vehicles on the road in the vicinity of the truck. There were some vehicles further on the road, towards Grozny, but at a considerable distance. One or two seconds after the missiles were fired the pilot noted another truck coming out of the Samashki forest and heading towards Grozny. The truck entered the impact zone. The pilot did not have time to verify what had happened to it or if there had been other vehicles on the road because of the danger of being shot at.", "93. Pilot P. is further quoted as saying that they were informed that the road had been closed at the administrative border with Ingushetia. They therefore presumed that the trucks were coming out of the Samashki forest, where a considerable group of fighters (“boyeviki”) had gathered. They did not see any transport moving out of Grozny at that time. Pilot B. is quoted as having added to these statements that the missiles could have changed the direction on their own, or because they had been shot at from the ground.", "94. The document further cites undated statements of two unidentified airport technicians, who had on 29 October 1999 examined two SU-25 planes after their return from a mission. The pilots informed them that they had been shot at, probably with a large-calibre machine-gun. The examination of both planes, hull numbers 40 and 73 respectively, revealed two holes, 20 and 70-90 mm large, in the first plane and one hole, 20 mm large, in the second plane. One technician suggested that the holes resulted from large-calibre machine-gun bullets. The decision further referred to two undated protocols of inspection of planes nos. 40 and 73, which noted similar damage.", "95. The decision further mentioned statements on unspecified dates by the commander of the military aviation unit and 12 of the pilots' colleagues, who apparently denied having heard anything about the attack on the civilian convoy on 29 October 1999.", "96. In addition, the decision of 5 May 2004 referred to the results of an investigative experiment, which showed that the sign of the red cross on the flag of the Chechen Committee of the Red Cross was clearly distinguishable from the distance of 200 metres. The document also referred to information from the headquarters of the 4-th Army of the Air Force and Anti-Air Defence which defined the impact radius of the S-24 missiles at 300 metres.", "97. The document concluded that harm to the civilians was caused by the actions of the pilots B. and P., who had acted in permissible self-defence and had tried to prevent damage to the legitimate interests of the society and state from members of illegal armed groups. Furthermore, the pilots did not intend to cause harm to the civilians because they did not see them until the missiles had been launched. The criminal investigation was closed for absence of corpus delicti in the pilots' actions. By the same decision the decisions to grant victim status in the civil proceedings were quashed, and the victims should have been informed of a possibility to seek redress from the Ministry of Defence through civil proceedings. It does not appear that the decision was sent to the victims, including the applicants.", "98. The applicants submitted a number of additional documents relating to the circumstances of the attack and the investigation.\na) Additional statements by the applicants", "99. The applicants submitted additional statements about the circumstances of the attack and its effects. The second applicant submitted that the shock of that day has stayed with her and her relatives. The third applicant submitted that “since that attack on the road I am plagued by nightmares... I am still sick every time I see a dummy in a shop window. It reminds me of the dead I saw on the Rostov-Baku highway. This effect is so strong that on several occasions I have fainted in shops. A month ago I walked into a phone company store in Nazran. They had a model of a hand in the shop window. That brought back the memory of a hand cut off and a woman's leg that I saw right in front of me on the road on 29 October 1999. I felt sick and fainted. I was sick for some days afterwards. Now I simply can't walk into a shop with dummies or with models of human bodies”.", "100. The third applicant also submitted a list of items which were inside the GAZ vehicle destroyed during the attack and documents for the three vehicles destroyed during the attack – a “Zhiguli” VAZ 21063, produced in 1992, a “Niva” VAZ 21213, produced in 1996 and a GAZ 53, produced in 1982. The list of items included cash in US dollars to the amount of 48,000, hi-fi and computer equipment to a value of 1,350 US dollars, household items and clothing to the value of 28,640 US dollars, jewellery to the value of 8,770 US dollars, and three cars to a value of 20,500 US dollars. The total value was indicated at 108,760 US dollars.\nb) Statements of other witnesses and victims", "101. The applicants submitted five additional testimonies from witnesses and victims, related to the circumstances of the attack. Witness A. testified that she was in the same car as Ramzan Mezhidov and Shamil Gigayev, TV reporters, both of whom were killed. After the first blast Mezhidov got out of the car and filmed the destruction around him; he was killed by a second blast. Afterwards, they attempted to retrieve his camera and the tape, but they were beyond repair. Gigayev's widow testified about her husband's death. Witness B. testified that their car was near Shaami-Yurt and returning to Grozny when the attack occurred. The witness and his brother were wounded and taken to the Urus-Martan hospital for treatment. On 22 November 1999 he was transferred to Ingushetia. Two other witnesses, employees of the Red Cross, also described the circumstances of the attack. All witnesses denied that there had been any shooting at the planes before or during the attack, or that there were armed men in the convoy.\nc) Human Rights Watch Report", "102. The applicants submitted a report prepared by the NGO Human Rights Watch in April 2003, entitled “A Summary of Human Rights Watch Research on Attacks on Fleeing Civilians and Civilian Convoys during the War in Chechnya, Russia, between October 1999 and February 2000”. The submission, prepared for the European Court of Human Rights, is based on eyewitness testimonies collected by the HRW researchers in Ingushetia between November 1999 and May 2000. The report described at least five independent incidents where civilians fleeing from fighting were attacked en route. The report stated that “the Russian forces appear to have deliberately bombed, shelled, or fired upon civilian convoys, causing significant civilian casualties. ... The most egregious attack occurred on October 29, 1999 when dozens of civilian vehicles taking a so-called safe route out of Grozny on the Baku-Rostov highway were attacked by Russian aircraft.” The report invoked provisions of international humanitarian law, namely Common Article 3 to the Geneva Conventions of 1949, as well as Article 13 (2) of Protocol II Additional to the Geneva Conventions of August 1949. The report submitted that “where aircraft make multiple attack passes over a civilian convoy, or convoys are subject to prolonged attack by ground troops, the most plausible inference is that such attacks are intentional and with the likely knowledge of the predominantly civil character of the convoy. Customary international law requires that any attacks discriminate between the civilians and military objects and that foreseeable injury to civilians be proportionate to the direct and concrete military advantage to be gained by the attack. ... Each of the incidents described below raises concerns that civilians may have been targeted intentionally or that the force used was not proportionate to the military advantage pursued...”.", "103. The report proceeded to describe in detail the announcement of the safe route on 29 October 1999, the closing of the administrative border with Ingushetia and the attack itself. Based on interviews with witnesses, press articles and public statements, it presented information about the damaged vehicles. It referred to the van with 13 passengers in which the first and the second applicants with their families were travelling. The second applicant and another passenger who had been in the minivan were interviewed and gave details of the attack.", "104. The report concluded that the exact number of victims of the attack is unknown and it is unlikely that it would ever be known, since many victims were never identified. The eyewitnesses gave accounts of the number of persons killed, varying between 40 and 70 people. They were buried in nearby villages.", "105. Various documents related to the establishment of facts of the first applicant's children's deaths were submitted to the Court.\na) The first applicant's statement", "106. In her statement of 15 December 1999 the first applicant asked the Nazran Town Court to certify the fact of her two children's deaths. She submitted that on 29 October 1999 a refugee convoy was attacked by fighter planes on the “Kavkaz” highway, between Achkhoy-Martan and Shaami-Yurt. Many people were killed, among them her children Ilona Isayeva and Said-Magomed Isayev. Their bodies were taken back to Grozny and buried in Chernorechye, near Grozny. The applicant could not attend her children's funeral, because at that time she was being treated for her wounds by relatives in Grozny. She could not produce any documents about her children's deaths nor about her own wounds, because no hospital or state body was functioning in Chechnya due to the hostilities. The applicant could not even obtain a burial certificate from the local authority. She requested that the second applicant and Ruslan Vakhabov be called to testify about her children's deaths, to which they had been eyewitnesses. At that time they were all living in the Logovaz-1 refugee camp in Nazran. The court decision was required to obtain death certificates, which the civil registration body had refused to issue in the absence of medical certification of the deaths.\nb) Transcript of the court proceedings", "107. On 20 December 1999 the Nazran Town Court granted the first applicant's request. From the transcript of the proceedings it follows that the court heard the first applicant, who repeated her statement, and two witnesses as she had requested. Ruslan Vakhabov and the second applicant confirmed the deaths of Ilona Isayeva and Said-Magomed Isayev (see § 35 above)." ]

[ 0, 9 ]

[ "10. The applicants were born in 1942 and 1955 respectively and were residents of Grozny, Chechnya. The first applicant currently resides in Ingushetia, and the second applicant in the Moscow Region.", "11. The facts surrounding the deaths of the applicants' relatives and the ensuing investigation were partially disputed. In view of this the Court requested that the Government produce copies of the entire investigation files opened in relation to the applicants' relatives' deaths. The Court also requested that the applicants produce additional documentary evidence in support of their allegations.", "12. The submissions of the parties on the facts concerning the circumstances of the applicants' relatives' deaths and the ensuing investigations are set out in Sections 1 and 2 below. A description of the materials submitted to the Court is contained in Part B.", "13. The first applicant lived at 101 Tashkalinskaya Street in the Staropromyslovskiy district of Grozny. After 1991 the first applicant, who is ethnic Ingush, attempted to sell the house and leave because he felt threatened by the situation in Chechnya, but could not find anyone to buy it. During the hostilities in 1994-1996 the first applicant and his family stayed in Ingushetia, and on their return found that all their property had been destroyed or looted.", "14. In November 1999 the first applicant left Grozny because of the renewed hostilities. His relatives decided to stay in Grozny to look after their houses and property. They were his brother, Khamid Khashiyev (born in 1952), his sister Lidiya Khashiyeva (born in 1943) and her two sons, Rizvan Taymeskhanov (born in 1977) and Anzor Taymeskhanov (born in 1982). The first applicant's brother lived in the street parallel to Tashkalinskaya Street, at 109 Neftyanaya Street, and his sister lived in the neighbouring house at 107 Neftyanaya Street.", "15. The second applicant was a resident of the “Tashkala” quarter in the Staropromyslovskiy district of Grozny. In October 1999 she left the city together with her mother and sister because of the hostilities. Her brother, Adlan Akayev (born in 1953) remained to look after their property and house, located at 24 4-th Neftyanoy Lane.", "16. In December 1999 the Russian federal army started an operation to take control of Grozny. Heavy fighting lasted until the end of January 2000, when the central parts of the city were finally taken. The exact date on which the Staropromyslovskiy district of Grozny was taken by the federal forces is somewhat unclear. The applicants submitted, referring to the Government RIA and Interfax news agencies, that by 20 January 2000 the Staropromyslovskiy district was under the Russian federal forces' firm control. Several witness statements produced by the parties indicate that the federal troops were in control of the district as from 27 December 1999. The Government disputed this allegation and referred to two witness statements, allegedly contained in criminal investigation file no. 12038 which suggest that, although troops were present in the district as early as 1 January 2000, they still faced scattered resistance from the Chechen fighters (“boyeviki”). However, no such testimonies are contained in the copy of the file submitted by the Government to the Court, nor are they listed in the list of documents attached to the criminal case-file.", "17. At the end of January 2000 the applicants learned that their relatives had been killed in Grozny. On 25 January 2000 the first applicant, his sister Movlatkhan Bokova (maiden name Khashiyeva), and one of their former neighbours from Grozny, Petimat (also spelled Fatima) Goygova, travelled to Grozny to find out more about the state of their relatives. At 107 Neftyanaya Street they found three bodies lying in the courtyard with gunshot wounds and other marks. These were Lidiya Khashiyeva and Anzor Taymeskhanov, the first applicant's sister and nephew, and Adlan Akayev, the second applicant's brother. The second applicant's brother was holding his identity card as Head of the Physics Department of the Grozny Teaching Institute. Other documents were in a shirt pocket: his passport, identity card as researcher for the Grozny Oil Institute and his driving licence. Identity documents were also found on the two other bodies.", "18. The first applicant and the women had to return to Ingushetia on the same day, because of the curfew imposed after 5 p.m. There they informed the family of Adlan Akayev, including the second applicant, of his death. Having arranged for transport, on 28 January 2000 they went to Grozny to collect the bodies. Soldiers from a roadblock in the Staropromyslovskiy district accompanied them to the house at 107 Neftyanaya Street and helped them to collect the bodies. The first applicant brought the bodies to the village of Voznesenskoye in Ingushetia, where they were buried on 29 January 2000.", "19. The first applicant submits that the bodies of his relatives bore marks of numerous stab and gunshot wounds and bruises, and that some bones were broken. In particular, the body of Lidiya Khashiyeva had 19 stab wounds, her arms and legs were broken and teeth were missing. The body of Anzor Taymeskhanov had multiple stab and gunshot wounds, and his jaw was broken (see § 51 below).", "20. On 28 January 2000 the second applicant travelled to Voznesenskoye and saw the bodies of her brother and of the first applicant's relatives. She saw numerous gunshot and stab wounds and traces of beatings and torture on the body of her brother and on the other bodies. In particular, she submits that her brother's body had seven gunshot wounds to his skull, heart and abdominal area. The left side of his face was bruised and his collar-bone was broken (see § 61).", "21. Both applicants submit that they did not contact a medical doctor or take photographs of the bodies at that stage due to the state of shock caused by their relatives' violent deaths.", "22. On 2 February 2000 the village authorities of Psedakh, Ingushetia, issued a certificate to confirm that the body of Adlan Akayev, brought from the Staropromyslovskiy district of Grozny, was buried on 29 January 2000 in the village cemetery.", "23. On 9 February 2000 the second applicant travelled to Grozny. In the courtyard of the house at 107 Neftyanaya Street she picked up machine-gun cartridges and her brother's hat. On the same day she saw five other bodies in a nearby house. All had been shot. She learned that a sixth woman from the same group, Elena G., had been wounded but survived. The second applicant later traced her to Ingushetia. Elena G. informed the second applicant that they had been shot at by soldiers and that she had last seen the applicant's brother alive on the evening of 19 January 2000.", "24. On 10 February 2000, the first applicant, together with his daughter and sister, travelled to Grozny again, hoping to find his missing brother and nephew. With help from a local resident they found three bodies lying between nearby garages. These were the bodies of Khamid Khashiyev and Rizvan Taymeskhanov, the first applicant's brother and second nephew. The third body belonged to Magomed Goygov, a neighbour. The first applicant took photographs of the bodies. He then brought a car to transport the bodies to Ingushetia, where they were buried the next day. Goygov's body was collected by his relatives on 11 February 2000 for burial.", "25. The first applicant submits that Khamid Khashiyev's body was mutilated, half of his skull was smashed and some fingers had been cut off. Rizvan Taymeskhanov's body was grossly mutilated from numerous gunshots (see §§ 52 and 54).", "26. On 10 February 2000 at the first applicant's request, the three bodies were examined by officers of the Nazran Department of the Interior, who reported numerous wounds to the head, body and extremities. The examination took place in the Malgobek town morgue. The officers did not remove the clothes from the bodies, which were frozen.", "27. The second's applicant's mother, Isit Akayeva, died on 29 April 2000 at the age of 65 of a heart attack. The second applicant submits that her death was brought about by the news of her only son's death.", "28. On 7 February 2000 the Malgobek Town Court in Ingushetia, acting on a motion by the second applicant, certified the death of her brother, Adlan Akayev, which had occurred in Grozny on 20 January 2000. The court based its decision on statements of the applicant and two witnesses. They confirmed that his body had been found in Grozny in the courtyard of the Khashiyevs' house with numerous gunshot wounds and that he had been buried on 29 January 2000 in the village of Psedakh. Following the court's decision, the civil registration office of the Malgobek district in Ingushetia issued a death certificate for the second applicant's brother on 18 February 2000.", "29. On 14 March 2000 the office of the Malgobek Town Prosecutor issued a paper to the first applicant certifying that on 10 February 2000 the dead body of his brother, Khamid Khashiyev, had been found in Grozny and that, given the numerous gunshot wounds to the head and body, his brother appeared to have died a violent death.", "30. On 7 April 2000 the Malgobek Town Court in Ingushetia, at the first applicant's request, certified the deaths of Khamid Khashiyev, Lidiya Khashiyeva, Rizvan Taymeskhanov and Anzor Taymeskhanov, which had occurred in Grozny, Chechnya, on 19 January 2000. The court based its decision on statements by the applicant and two witnesses. The court noted in the decision that a criminal case had been opened and that an investigation was in progress (there is no evidence that a criminal case had been opened at that time). Following the court decision, the civil registration office of the Malgobek district in Ingushetia issued death certificates for the first applicant's four relatives on 19 April 2000.", "31. The Government submitted a copy of investigation file no. 12038, opened on 3 May 2000 by the Grozny Town Prosecutor's Office following a publication entitled “Freedom or Death” in the Novaya Gazeta newspaper on 27 April 2000 about mass murder of civilians by the “205th brigade” in the Novaya Katayama settlement in Grozny on 19 January 2000. The relevant documents, as submitted by the Government, are listed below in Part B.", "32. On 27 May 2000 the military prosecutor of military unit no. 20102 (the Russian federal military headquarters in Chechnya) informed the first applicant, in response to a complaint he had made on 5 April 2000 concerning the killing of his relatives, that, after a review by the prosecutor, no decision to open a criminal investigation had been taken for lack of corpus delicti in the actions of federal servicemen.", "33. On 6 June 2000 the Malgobek Town Prosecutor informed the first applicant that criminal case no. 20540020, opened on 4 May 2000 into the deaths of Rizvan Taymeskhanov and Khamid Khashiyev, had been transferred on 15 May 2000 to the Republican Prosecutor in Ingushetia.", "34. On 30 June 2000 the office of the Chief Military Prosecutor, in response to a request by the Memorial Human Rights Centre for information regarding the investigation into the second applicant's brother's death, forwarded this request to the Military Prosecutor of the Northern Caucasus.", "35. On 17 July 2000 the second applicant was informed by a letter from the office of the Chief Military Prosecutor, addressed to the special prosecutor's office in the Northern Caucasus, that a “local prosecutor's office” was investigating the case of her brother's death.", "36. On 20 July 2000 the Chief Military Prosecutor, in response to an enquiry from the NGO Human Rights Watch about violations of the rights of civilians in Grozny in December 1999 - January 2000, informed the NGO that the military prosecutors were investigating only one case - that of the murder and injury of two women – which was unconnected with the applicants. That investigation was still ongoing and was being supervised by the office of the Chief Military Prosecutor.", "37. In September 2000 the two criminal cases opened at the applicants' requests were joined in the Grozny Town Prosecutor's Office with investigation no. 12038. This investigation was adjourned and reopened several times. The last document in the file submitted by the Government is dated 22 January 2003; in it the Deputy to the Chechnya Republican Prosecutor extended the period of investigation until 27 February 2003. The investigation carried out by the Grozny Town Prosecutor's Office focused on the version initially submitted by the applicants and by all witnesses whose statements had been produced, alleging that the killings were committed by a military detachment. The investigation failed to identify the detachment which was responsible and no one was charged with the crimes (see Part B below for a description of the documents in the investigation file).", "38. In November 2000 the Presidium of the Supreme Court in Ingushetia rejected a request for supervisory review (protest) by the Republican Prosecutor, in which he sought to quash the decision of the Malgobek Town Court of 7 February 2000. Another request for supervisory review was made by the Deputy Chairman of the Supreme Court of the Russian Federation, and on 1 October 2001 the Supreme Court quashed the decision. The Supreme Court referred to Article 250 of the Russian Code of Civil Procedure, which states that those who request courts to establish facts of legal significance must indicate the reasons for that request. It found that the second applicant had failed to set out the reasons for which she sought “legal certification” of her brother's death. The case was remitted back to the Malgobek Town Court. On 27 November 2001 the Malgobek Town Court decided not to consider the case on the merits, since the second applicant had twice failed to appear for a hearing without valid reasons. The second applicant submits that she was not informed of the new set of proceedings in the Malgobek Town Court and that the summonses were not delivered to her.", "39. At the end of 2002 the first applicant applied to a district court in Ingushetia seeking pecuniary and non-pecuniary damages from the Ministry of Finance. The applicant stated that his four relatives had been killed in Grozny in January 2000 by the military. He had found their bodies and had transported them with great difficulty to Ingushetia, where they were buried. A criminal investigation was opened, but failed to establish the servicemen responsible for the killings. Witness Nikolay G. testified to the court that he lived in the Staropromyslovskiy district not far from the applicant's family. In January 2000, about a month after the federal troops had established firm control over the district, he saw the servicemen leading Khamid Khashiyev and two of his nephews towards the garages. They were walking in front of an armoured personnel carrier (APC); armed soldiers were sitting on its hull. Soon afterwards he heard automatic rifle shots from the garages. When he attempted to go there, soldiers threatened him. He also submitted that he was threatened by someone from the prosecutor's office to “keep his mouth shut”. Other witnesses testified about the circumstances in which the bodies were discovered in Grozny, transported to Ingushetia and buried, and about the state of the bodies prior to burial.", "40. On 26 February 2003 the Nazran District Court in Ingushetia partially granted the first applicant's claim and awarded him pecuniary and non-pecuniary damages in the amount of 675,000 roubles.", "41. The court noted that it was common knowledge that the Staropromyslovskiy district was under the firm control of the Russian federal forces by the material time, and that this did not need to be proved. At that time only federal soldiers were able to travel about town on an APC and to conduct identity checks. That Lidiya Khashiyeva and Anzor Taymeskhanov had been killed during an identity check was corroborated by the fact that their bodies were found in the courtyard of their house with identity documents in their hands. The court further noted that the exact military unit responsible for the killings had not been established by the investigation, which had been adjourned on 8 June 2002. However, all military units were State bodies and therefore pecuniary damage should be paid by the State.", "42. The decision was upheld at the final instance by the Ingushetia Supreme Court on 4 April 2003, and on 23 April 2003 the applicant was issued the writ of execution. The decision was not executed immediately because, as the Government submit, the applicant failed to present details of his bank account. On 29 December 2004 the applicant received the award in full.", "43. In their submissions on the merits the Government stated that investigative measures continued in 2003. On 18 March 2003 the second applicant was recognised as a victim in the criminal proceedings. On 15 April 2003 additional forensic reports were prepared on the bodies of Khamid Khashiyev and Rizvan Taymeskhanov (presumably, on the basis of the existing descriptions of the bodies). Certain additional witnesses were questioned. The Government did not, however, submit copies of these documents to the Court.", "44. The Government submit that the investigation into criminal case no. 12038 found itself in a “deadlock”, since it proved impossible to identify eye-witnesses to the killings.", "45. The parties submitted numerous documents concerning the investigation into the killings. The main documents of relevance are as follows:", "46. The Government submitted a copy of the investigation file in criminal case no. 12038, which comprises two volumes, and a list of documents contained therein. According to the list, the file contained 130 documents, of which 88 were submitted to the Court. On 7 March 2003 the Court reiterated its request to the Russian Government to submit a copy of the complete investigation file. The Government responded that the documents withheld were not relevant to the circumstances of the present case.", "47. The most important documents contained in the file are as follows:\na) Decision to open a criminal investigation", "48. On 3 May 2000, following the publication of an article entitled “Freedom or Death” in the Novaya Gazeta newspaper on 27 April 2000, the investigator of the Grozny Town Prosecutor's Office opened a criminal investigation under Article 105 (a), (d), (e) and (j) of the Criminal Code “concerning mass murder by the '205th brigade' of civilian population in the Novaya Katayama settlement in Grozny on 19 January 2000”.\nb) Statements by the first applicant and his sister", "49. The case file contains the first applicant's brief statements of facts concerning his relatives' deaths and requests to conduct an investigation, dated 10 February 2000 (addressed to the Malgobek Town Prosecutor) and of 1 March 2000 (addressed to the Russian President).", "50. In their further testimonies dated 5 May 2000 the first applicant and his sister Movlatkhan Bokova (born Khashiyeva) gave details concerning the discovery of their relatives' bodies. Both stated that on 25 January 2000 they had travelled to Grozny with Petimat Goygova, their neighbour from Grozny. On Ipronovskaya Street they met a local resident, Viskhan, who told them that their relatives had been taken away by federal soldiers. After discovering the three bodies at 107 Neftyanaya Street they returned to Ipronovskaya Street, where they met a group of soldiers who were taking things from a house and stacking them in a lorry. The first applicant asked the soldiers' help to remove the bodies, but one of them, who introduced himself as the commander, Dima, who was aged about 19 and dressed in camouflage, refused. When the applicant insisted and said that his sister and nephew had been killed, Dima said that the fighters had killed 32 soldiers and that the murders were an act of revenge on their part. The applicant lost his temper and started to curse, but one of the soldiers raised his gun and Movlatkhan stepped forward to protect him, then led him away. Both certified that they could have identified the house and “commander Dima”. They returned to Grozny on 28 January with a car, removed the bodies with the assistance of soldiers from a nearby roadblock and transported them to Ingushetia.", "51. Movlatkhan Bokova further testified that she had washed Lidiya Khashiyeva's body before burial, and had seen numerous (about 20) stab and gunshot wounds on her body. Her left arm was broken and front teeth were missing. She further testified that Anzor Taymeskhanov's head bore numerous blow marks and that his jaw had been broken.", "52. The first applicant and his sister also testified about their return to Grozny on 10 February 2000. They stated that they again met Viskhan, who told them that their relatives had been led away by soldiers towards the garages. They followed his directions and found three bodies, all frozen to the ground and with heavy wounds to the head. The first applicant took photographs of the bodies at the spot and went to fetch a car. On the same day they delivered the bodies to Ingushetia, where they were buried the following day, on 11 February 2000. They also stated that they had collected cartridges in the yard of 107 Neftyanaya Street which were still in their possession.\nc) Statement by Raykhat Khashiyeva", "53. The first applicant's daughter, Raykhat Khashiyeva, accompanied her father and aunt on their trip to Grozny on 10 February 2000. In her statement of 10 May 2000 she confirmed their accounts regarding the discovery of the bodies of Khamid Khashiyev, Rizvan Taymeskhanov and Magomed Goygov.\nd) Description of the bodies and forensic expertise", "54. An examination of the bodies of Khamid Khashiyev and Rizvan Taymeskhanov was conducted by an investigator from the Malgobek Town Prosecutor's Office in the municipal morgue on 10 February 2000. The bodies were frozen, and the examination was conducted without removing the clothes. On 14 February 2000 two forensic reports were prepared by a forensic expert, based on the investigator's descriptions and without examining the bodies. The report stated that Khashiyev's body had eight gunshot wounds and that his death had been caused by a gunshot wound to the head. Taymeskhanov's body had eight gunshot wounds and his death also appeared to have been caused by numerous gunshot wounds to the head and body.", "55. On 7 and 8 May 2000 the Malgobek Town Prosecutor's Office made a report and took photographs of other evidence in the case – identity documents of the deceased persons, photographs of the bodies taken by the first applicant and Rizvan Taymeskhanov's and Khamid Khashiyev's clothes.\ne) Decision to recognise the first applicant as a victim", "56. On 5 May 2000 the first applicant was recognised as a victim in the criminal proceedings and he signed the notification thereof in the Malgobek Town Prosecutor's Office. On 15 June 2000 the same notification was signed at the Grozny Town Prosecutor's Office.\nf) Statements by local residents", "57. On 14 May 2000 U. and Y., two women residents of the Staropromyslovskiy district of Grozny, made statements. Both witnesses confirmed that they had seen the bodies of people who had been shot and that, at the relevant time, the district had been under the control of federal forces. Neither of them had witnessed the executions but referred to the “rumours” that the murders had been committed by federal troops. Both witnesses testified that they had seen soldiers looting abandoned houses in the district.\ng) Statements by Magomed Goygov's relatives", "58. Two female relatives of Magomed Goygov, Petimat Goygova and M., made statements related to the circumstances surrounding the discovery of the bodies of Maryam Goygova, Magomed's mother, on 19 January 2000 at the intersection of Neftyanaya Street and 4th Lane, and Magomed Goygov, on 10 February 2000. Petimat testified that a man from the neighbourhood named Viskhan told her that their relatives had been killed by soldiers from the 205th infantry brigade from Budennovsk, and referred to two soldiers who had told him the same thing – one named Oleg, the other Dima. She also testified that on 21 January 2000, when they were taking Maryam Goygova's body to Ingushetia, they took along a wounded woman, Elena G., who had survived an attack by soldiers on 19 January and who was later taken to the Sunzhenskiy hospital in Ingushetia.\nh) Evidence related to Yuriy Zh.", "59. Several documents refer to a certain Yuriy Zh., whose family had resided at 130 Neftyanaya Street. From the witnesses' testimonies it appears that Yuriy Zh. left Grozny at the end of 1980s, while his parents (or aunt and uncle) lived at the said address. They had been killed in 1997 by Chechen fighters and their house had been occupied. The witnesses referred to “rumours” that Yuriy Zh. was among the soldiers involved in the killings and that he was motivated by revenge. The house at 130 Neftyanaya was destroyed during the fighting. Several requests for information about Yuriy Zh. were sent by the investigators to the military authorities and to the civil authorities of the neighbouring regions, but the answers to these requests were either negative or were not provided by the Government.\ni) Testimony by Anna Politkovskaya", "60. The journalist Anna Politkovskaya, author of the article “Freedom or Death”, was questioned on several occasions by the investigators. She testified that in February 2000 she was in Ingushetia and in the Staropromyslovskiy district of Grozny, where she had interviewed several witnesses of the massacre and the relatives of the deceased. In their interviews, several witnesses had referred to the “205th brigade” as being responsible for the murders.\nj) The second applicant's statement", "61. In her statement by 12 July 2000, addressed to the Chief Military Prosecutor, the second applicant testified that on 25 January 2000 her brother's body had been found in the courtyard of the Khashiyevs' house by Magomed Khashiyev and his sister Movlatkhan. The second applicant saw her brother's body in Ingushetia and noted several gunshot wounds to his face, heart and abdomen. His left collar-bone was broken. His identity card from the Grozny Teaching Institute had been found in his hand, and his passport and other identity documents and two 50-rouble notes were in his pocket.", "62. On 9 February 2000 the second applicant travelled to Grozny. In the courtyard at 107 Neftyanaya Street she picked up several cartridges from an automatic weapon and her brother's hat. On the same day the second applicant saw five dead bodies in a nearby garage, belonging to three women and two men. A sixth person from that group, Elena G., had survived the massacre and later told the applicant, who found her in a hospital in Ingushetia, that they were shot on 19 January by soldiers from the 205th brigade from Budennovsk. She also said that she had seen Adlan Akayev and the Khashiyevs in the evening of 19 January 2000 and that they were alive. On the same day she was picked up by the Goygovs, who had come to collect their dead, and taken to Ingushetia to a hospital. On 22 February 2000 the second applicant met with Omar S., who was at the material time living in Grozny, who had heard the members of the military talking in the commendatura of the Staropromyslovskiy district after 20 January that they had shot a “professor”. Omar's story was related in the article “Freedom or Death”.\nk) Decision to join the investigations", "63. On 22 August 2000 the Grozny Town Prosecutor's Office opened a criminal investigation into the killing of the second applicant's brother. On 5 September 2000 this investigation was joined with criminal case no. 12038 related to the mass murder in the Staropromyslovskiy district. On 5 September 2000 the deputy Grozny Town Prosecutor created an investigating group, made up of three investigators, to work on the case.\nl) Documents relating to identification of the relevant military units", "64. On 19 November 2000 the headquarters of the United Group Alignment (UGA) of the Ministry of Defence (based in Khankala) replied to the prosecutor's request and submitted a list of military units identified by five-digit numbers only, which had been deployed in Grozny between 5 January and 25 February 2000.", "65. On 4 March 2001 an investigator from the Chechen Republican Prosecutor's Office sent a request to the military prosecutor of military unit no. 20102 (Khankala), asking to identify the exact temporary location of the military units at the relevant time, to identify the commanding officers and retrieve notes referring to operations in the Staropromyslovskiy district. The file reviewed by the Court contained no reply to that request.\nm) The prosecutor's orders", "66. At different stages of the proceedings several orders were produced by the Chechen Republican Prosecutor's Office enumerating the steps to be taken by the investigators. The order of 14 August 2001 listed ten persons whose bodies had been discovered in Novaya Katayama, including the applicants' relatives. On 16 January 2003 the same prosecutor's office ordered the investigators to establish possible places of burial of other civilians, to identify further witnesses and victims and to identify military units possibly responsible for the crimes.", "67. A summary of the main steps of the investigation is given in the order by the Grozny Town Prosecutor dated 22 January 2003, which is the last document in the case-file. Criminal investigation file no. 12038 was started by the Grozny Town Prosecutor's Office on 3 May 2000 following the publication of the article “Freedom or Death” about mass murder in the Staropromyslovskiy district. On 4 May 2000 the Malgobek Town Prosecutor's Office in Ingushetia opened a criminal investigation following the first applicant's complaint concerning the killing of his relatives. On 23 July 2000 both criminal cases were joined as no. 12038. On 22 August 2000 the Grozny Town Prosecutor's Office opened a criminal investigation following the second applicant's complaint concerning the killing of her brother. On 5 September 2000 it was joined to criminal case no. 12038.", "68. The case was adjourned seven times and the investigation was renewed on eight occasions. The file was transferred four times between the Grozny Town Prosecutor's Office and the Chechen Republican Prosecutor's Office. The document concludes with a list of tasks that should be carried out by the investigation team, including identification of the military units deployed in the Staropromyslovskiy district of Grozny at the relevant dates, identification of the burial places of civilians in the Novaya Katayama settlement, identification of witnesses and the victims of the crimes, etc.", "69. The applicants submitted a number of additional documents relating to the circumstances of the killings and discovery of the bodies. The main documents of relevance are as follows:\na) Forensic report", "70. The applicants submitted a statement by Christopher Mark Milroy, registered medical practitioner, Professor of Forensic Pathology at the University of Sheffield and Consultant Pathologist to the British Home Office. The statement was prepared on the basis of the applicants' submissions concerning the circumstances of their relatives' deaths and of eight colour photographs taken by the first applicant when the bodies of Khamid Khashiyev, Rizvan Taymeskhanov and Magomed Goygov were found.", "71. The expert concluded that “the photographs show injuries in keeping with bullets fired from a high velocity rifle. ... High velocity rifles can cause significantly destructive injuries. Those unused to looking at injuries caused by these weapons may mistake the cause of injuries produced by these weapons.” He further listed a number of procedural steps normally taken in an examination of a body of a person who has died in suspicious circumstances. In the expert's opinion, these should include an x-ray of the body to identify and recover the projectiles and detailed examination and photographing of the external injuries, “as the pattern of injuries may indicate whether the victims were shot at close range or they had been tortured”.\nb) Information from the Office of the General Prosecutor", "72. In his letter dated 25 April 2003, Deputy General Prosecutor Mr Fridinsky replied to a request for information sent by Mr Kovalev, a member of the State Duma. The letter contains information relating to the prosecution of army servicemen in Chechnya for crimes committed against civilians. Since the beginning of the “counter-terrorist operation”, 58 indictments have been forwarded to the courts by the military prosecutors and 74 persons have been indicted. Of those, 12 cases concerned murder, 13 – theft, four – abuse of power, five – careless driving of military vehicles, etc. 51 persons were found guilty, of whom seven were officers, 22 were professional soldiers and sergeants, 19 were conscript soldiers and three were non-commissioned officers. In addition, the Chechen Republican Prosecutor's Office brought 17 charges against 29 servicemen of the Ministry of Interior for crimes against the civilian population. From the description attached to the letter it follows that, in the majority of cases, the sentences were conditional or were lifted in application of an amnesty.", "73. A number of documents submitted by the applicants relate to the proceedings initiated by them in the domestic courts in order to have the facts of their relatives' deaths established.\na) The first applicant's statement", "74. On 5 April 2000 the first applicant submitted an application to the Malgobek Town Court in Ingushetia, seeking to have certified the facts of the deaths of his brother Khamid Khashiyev, his sister Lidiya Khashiyeva and his two nephews, Rizvan Taymeskhanov and Anzor Taymeskhanov. The first applicant submitted that his relatives had remained in Grozny during the winter of 1999 – 2000, while he and the rest of the family escaped the hostilities to Ingushetia. On 17 January 2000 the soldiers of the “205th battalion” of the federal army entered Staropromyslovskiy district and “committed outrages”. On 19 January 2000 they entered his sister's household and killed his relatives in a brutal fashion, causing numerous firearms and stab wounds. The first applicant learnt the details of the killings when he attended the funeral of a neighbour, Maryam Goygova. His relatives were buried in Ingushetia. A criminal investigation had been opened and was ongoing. The declaration of deaths was required to obtain death certificates from the civil registration office.\nb) Transcript of the court proceedings of 5 – 7 April 2000", "75. From the transcript of the hearing of 5 April 2000 it follows that the court heard the applicant, who repeated his statement, and two witnesses to the burial from the village of Voznesenskoye. They merely confirmed that the bodies had been brought to Voznesenskoye for burial and that they were aware that the killings had been committed by the federal soldiers. The court issued its decision on 7 April 2000.\nc) The second applicant's statement", "76. On 3 February 2000 the second applicant submitted an application to the Malgobek Town Court, seeking to establish the fact of her brother's death. She submitted that her brother's body had been found in Grozny on 21 January 2000 in the vicinity of his house. His death was caused by numerous gunshot wounds. His body had been brought from Grozny and buried in the village of Psedakh in Ingushetia on 28 January 2000. The court decision certifying his death was required to obtain a death certificate from the civil registration office.\nd) Transcript of the court proceedings of 7 February 2000", "77. From the transcript of the hearing of 7 February 2000 it follows that the court heard the second applicant and two witnesses. The second applicant testified that in November 1999 she and her aunt (her mother's sister) had moved from Grozny to Ingushetia and lived with her mother in the village of Psedakh. Her brother Adlan remained in Grozny to look after the property. On 27 January 2000 Liza Khashiyeva and Raya Khashiyeva came to them and said that three bodies had been found in their family house in Grozny, and that one of them was her brother's. Her relative D. went to Grozny with the Khashiyevs and brought the body back. On 28 January 2000 her brother was buried in Psedakh.", "78. Witness D. testified that she was a close relative of the second applicant's mother. On 27 January 2000 they were visited in Psedakh by the Khashiyevs who told them that the body of Adlan Akayev was in the courtyard of their house in Grozny. They identified him by his card from the Grozny Teaching Institute, where he had been the Head of the Physics department. On 28 January 2000 they brought his body to Psedakh and buried him. Another witness from Psedakh confirmed the fact of burial. The court issued its decision on 7 February 2000." ]

[ 0, 1 ]

[ "4. The applicant lives in Aistersheim.", "5. The applicant owns a landholding of some 150 hectares, which is an approved hunting ground (Eigenjagd). According to the Upper Austria Hunting Act (Oberösterreichisches Jagdgesetz), every six years, the District Authority has to establish the boundaries of the Upper Austrian hunting grounds. In this respect, requests may be filed by landowners to have adjacent land allocated to their hunting grounds where, for proper functioning of hunting, boundaries need readjustment (Arrondierungsantrag).", "6. On 30 September 1992 the applicant filed such a request for readjustment in respect of the next six years’ hunting period, i.e. from April 1993 to March 1999.", "7. On 19 January 1993 the Grieskirchen District Authority (Bezirkshauptmannschaft) partly granted the applicant’s request and assigned specified plots of third persons to the applicant’s hunting grounds, but dismissed her request concerning some other parcels of land. On 30 January 1993 the applicant appealed against this decision.", "8. The Upper Austria Regional Government (Landesregierung) quashed the decision on 9 July 1993 and referred the case back to the District Authority, instructing the latter to take a new decision after having supplemented its proceedings.", "9. On 14 October and 2 November 1993, respectively, the District Authority issued new decisions establishing the boundaries of the applicant’s hunting grounds. It dismissed the remainder of the applicant’s request for adjustment of the boundaries. The applicant appealed against this decision.", "10. A hearing together with an inspection of the location took place on 25 January 1994.", "11. On 10 March 1994 the appointed official hunting expert (jagdfachlicher Amtssachverständiger) filed an expertise on the question whether supplementary community land had to be assigned to the applicant’s hunting grounds.", "12. On 22 March 1994 the Upper Austria Regional Hunting Committee (Landesjagdbeirat) commented on the applicant’s request. On 28 April 1994 the applicant submitted the opinion of a private expert (Privatsachverständiger).", "13. The Upper Austria Regional Government partly granted the applicant’s appeal on 14 June 1994 and modified the impugned decision concerning some of the borders but confirmed the dismissal of parts of the applicant’s request for additional adjustment. The applicant filed a complaint with the Constitutional Court.", "14. On or about 27 September 1994 the Constitutional Court declined to deal with the applicant’s complaint for lack of prospect of success and referred the case to the Administrative Court. This decision was served on the applicant’s lawyer in December 1994.", "15. On 14 November 1995 the Administrative Court ordered the applicant to supplement his complaint. On 8 February 1996 the applicant complied with this request.", "16. The Regional Government filed its comments on the applicant’s complaint on 15 May 1996.", "17. On 3 July 1996 the Administrative Court, quashing the decision on formal grounds, referred the case to the Regional Government and ordered the latter to further supplement the proceedings. The court found in particular that the authority had failed to duly take into account the private expert’s opinion submitted by the applicant. The court considered that the authority should have obtained the official expert’s comment on the issues raised by the private expert. The decision was served on the applicant’s lawyer on 21 August 1996.", "18. Thereupon, the Regional Government informed the official expert of the private expert’s submissions and ordered him to supplement his report accordingly.", "19. On 8 October 1996 the official expert complied with this request. His additional remarks were served on the applicant, who was given a time limit to file her comments.", "20. On 4 November 1996 and 31 December 1996 the applicant requested an extension of the time limit set. This was granted and on 20 January 1997 she filed her comments in the form of a revised version of her private expert’s opinion.", "21. The official expert, on 11 March 1997, commented on these further submissions, stating that they did not change his findings set out in the report of 8 October 1996.", "22. On 16 July 1997 the Upper Austria Regional Government dismissed the applicant’s appeal against the District Authority’s decisions of 14 October and 2 November 1993. It found that the requested readjustments were not necessary for the purposes of the proper functioning of hunting. The private expert erred in his legal opinion that the mere fact, that the requested readjustments were useful for the applicant’s hunting grounds and did not constitute a significant disadvantage to the adjacent hunting grounds, implied such a necessity.", "23. The applicant lodged a complaint against this decision with the Administrative Court on 20 August 1997 and requested that an oral hearing be held. She complained that the Regional Government’s had not given sufficient reasons for its decision. In particular, it had not balanced the arguments submitted by the private expert against those submitted by the official expert. Furthermore, its legal findings were not conclusive. The applicant further complained that the Regional Government had not obtained the official expert’s opinion on the revised version of her private expert’s opinion and had not held an oral hearing in which it heard both experts.", "24. The applicant further contested that the private expert had erred in his legal opinion concerning the necessity of the readjustments. She complained that the Regional Government had failed to indicate that the requested parcels of land had in the past already been assigned to her. She finally submitted that the granting of the requested readjustments guaranteed a better hunting efficiency.", "25. On 4 November 1997 the Regional Government filed its comments on the applicant’s appeal. In these submissions, reference was made to the statements of the official expert concerning the revised version of the private expert’s opinion on 11 March 1997. The Regional Government noted that this comment had not been communicated to the applicant because the official expert had added nothing to his report of 8 October 1996. These comments were served on the applicant’s lawyer on 17 November 1997.", "26. On 21 January 1998 the Administrative Court dismissed the applicant’s appeal as being unfounded. It found that the Regional Government had duly considered the private expert’s arguments and gave conclusive arguments for its decision. It noted that the Regional Government had held a hearing on 25 January 1994. No further hearing had been necessary. The applicant’s remaining submissions were irrelevant for the proceedings at issue.", "27. The court dispensed with an oral hearing. This decision was served on the applicant’s lawyer on 18 February 1998." ]

[ 3 ]

[ "10. The applicant was born in 1924 and lives in Skopje. He used to be an army serviceman of the Yugoslav Army until he retired in 1985.", "11. In former Yugoslavia, the citizens used to pay a tax for housing. On the basis of the accumulated funds the State constructed “socially owned” apartments which were then rented to individuals at legally fixed rates.", "12. The Yugoslav Army was the single army on the territory of former Yugoslavia governed by laws which were applicable throughout former Yugoslavia. The applicant, as an officer of the Yugoslav Army, paid monthly contributions from his salary to the Yugoslav Army for the construction of army apartments. All army servicemen were entitled to live in army apartments as tenants.", "13. The applicant, as an army serviceman, used to live until 1982 as a tenant in an apartment owned by the former Yugoslav Army in Skopje. Once he started working for the Macedonian Secretary of Defence, he sought to obtain a bigger apartment. On 3 June 1982 the Governing Council (Извршен совет) of the Socialistic Republic of Macedonia issued a decision by which it rented to the applicant a bigger apartment in its possession. The applicant gave up his previously rented apartment which remained the property of the former Yugoslav Army. In 1985 the applicant retired and continued living in the new apartment.", "14. On 29 December 1990 the Federal Assembly of the Socialist Federal Republic of Yugoslavia enacted a Law on Housing of the Army Servicemen (Закон за станбено обезбедување во ЈНА) (“Z.S.О.J.N.A.”), according to which army servicemen, current and retired, could purchase apartments in which they lived with a price adjustment for the amount of the paid contributions for the construction of army apartments and for development of the construction land. Section 26 of that law provides that the same purchase conditions apply to apartments which do not belong to the army, as it was in the case of the applicant. According to regulations issued by the Yugoslav Federal Ministry, the price difference was to be paid by the federal army (see paragraphs 39-42 below).", "15. Following the fall of Yugoslavia and a referendum held on 8 September 1991, the former Yugoslav Republic of Macedonia declared independence. On 17 November 1991 it adopted a Constitution (Устав на РМ) and the Law on the Implementation of the Constitution (Уставен Закон за спроведување на Уставот). According to the Constitution the laws from former Yugoslavia remain in force, except for the laws regulating the organisation and competence of the former Yugoslav federal organs. On 21 February 1992 the Macedonian President and the General of the Yugoslav Army concluded an agreement for the withdrawal of the Yugoslav Army from Macedonian territory.", "16. On 28 February 1992 the Macedonian Government concluded an Agreement for Settlement of Claims and Obligations in Respect of Real Property (Спогодба за правата и обврските во врска со примопредажбата на недвижностите на територија на Република Македонија) (“the S.P.O.V.P.N.T.R.M.”) with the Federal Yugoslav Ministry of Defence. According to this agreement the Macedonian Ministry of Defence took over all the obligations of the Yugoslav Army in respect of army apartments, including the obligation to sell these apartments with a price reduction. The Macedonian Government in 1992 and 1994 enacted regulations implementing this agreement. In 1992 the Macedonian Government enacted Regulations on the Terms of Purchase of the Apartments Obtained by Succession from the Yugoslav Army (Уредба за продажба на државниот стамбен фонд наследен од ЈНА) (“U.P.D.S.F.N.J.A.”), according to which present and former army servicemen living in apartments owned by the Macedonian Ministry of Defence, could purchase them under the Z.S.О.J.N.A.", "17. From the Ministry of Defence’s decision of 12 June 1992 it appears that the Ministry exchanged the title of its apartments which were inhabited by civilians with the title of the apartments owned by the Housing Fund (“ПУИГ”) which were inhabited by servicemen. Thereby, the servicemen were able to exercise the right under the Z.S.O.J.N.A. to purchase the apartments at a reduced price. However, this exchange was limited and concerned only six apartments owned by the Housing Fund and twenty owned by the Ministry. No details were provided as to the criteria concerning the exchange.", "18. In 1993 an amended version of the 1990 Law on the Sale of Socially Owned Apartments (Закон за продажба на станови во општествена сопственост) (“the Z.P.S.O.S.”) was promulgated in the Official Gazette. Under the law their tenants were entitled to purchase them on credit and at a beneficial price. Unlike the Z.S.О.J.N.A., the law did not provide for a price adjustment for the amount of the paid contributions for the construction of “socially owned” apartments and for development of the construction land, despite the fact that the tenants had also paid them.", "19. On 26 June 1996 the Constitutional Court abrogated the Z.S.O.J.N.A. without retroactive effect and the respective Government’s regulations on the ground that they had been contrary to the 1991 Constitution. In particular, the court stated that: a) the Yugoslav Army, its “housing fund” and the “social ownership” no longer existed; b) the 1991 Constitution had abolished all the privileges enjoyed by army servicemen; and c) the Z.S.O.J.N.A. had created an unequal treatment in comparison to the citizens who were entitled to purchase their apartments under the Z.P.S.O.S. The S.P.O.V.P.N.T.R.M. was not mentioned in the Constitutional Court’s decision.", "20. In 1992 the applicant requested the Macedonian Ministry of Defence to allow him to purchase the apartment owned by the Government at a reduced price or to give him another apartment which used to be owned by the former Yugoslav Army. On an unspecified date the applicant asked the Ministry of Defence to speed up the proceedings. On 4 December 1993 the Ministry informed him that it had been waiting for the Government to settle the issue.", "21. On 20 October 1993 the applicant and fifteen other persons asked the Constitutional Court to examine the compatibility of the Z.P.S.O.S. and the relevant regulations issued by the Ministry of Defence with the Z.S.O.J.N.A. On 29 December 1993 this was refused by the Constitutional Court.", "22. On 4 December 1993 the applicant instituted proceedings before the Skopje I Municipal Court (Општински Суд Скопје I) against the former Yugoslav Republic of Macedonia, requesting that the apartment be sold to him at a reduced price in accordance with section 21(2) of the Z.S.O.J.N.A. On 15 March 1994 the court granted the applicant’s request. The court held, inter alia, that the applicant, as a retired army serviceman, was entitled under sections 21(2) and 26 of the Z.S.O.J.N.A. to purchase the apartment at a reduced price. The court stated in particular that the purchase price should be reduced by the re-evaluated amount of the monthly contributions which the applicant had paid to the Federal Ministry of Defence for the construction of apartments and for the improvement of construction land. Whether the apartment had belonged to the Ministry of Defence or to the Government was irrelevant as both apartments now belonged to the single State-owned housing fund.", "23. The Solicitor-General (Јавен правобранител) acting for the Ministry of Defence appealed against the above decision on the ground that there was no formal agreement between the Federal Army and, at that time, the Macedonian Governing Council for an exchange of the apartments and that the applicant had given up the apartment owned by the army for a bigger apartment owned by the Governing Council. Therefore, he had accepted that the apartment in question would be subject to different statutory rules. It further stated that the Z.S.O.J.N.A. had been applicable only to the apartments owned by the former Yugoslav Army which had later become the property of the Macedonian Government, but not to other apartments.", "24. On 31 March 1995 the Skopje Appellate Court (Апелационен Суд Скопје) dismissed the appeal on the grounds (i) that an exchange of the right to use the apartments between the former Federal Army and the Macedonian Governing Council had taken place; (ii) that the applicant, as a former officer of the Yugoslav Army had paid contributions for the construction of army apartments and was therefore entitled to purchase an apartment at a reduced price under sections 21(2) and 26 of the Z.S.О.J.N.A.; and (iii) that its section 26 had explicitly regulated the cases of purchase of an apartment by an army serviceman that had not been owned by the army.", "25. On 4 May 1995 the Solicitor-General lodged an appeal on points of law (ревизија) with the Supreme Court (Врховен Суд) alleging, inter alia, that since the day of independence it had been for the former Yugoslav Republic of Macedonia to regulate the use and purchase of the apartments owned by the former Yugoslav Army and that the agreement which had been concluded with the army could not have been applicable to the apartments not owned by the said army. In 1992 the Council of Ministers enacted a regulation which had made clear that the Z.S.O.J.N.A. applied only to sale-purchase agreements for the apartments previously owned by the former Yugoslav Army.", "26. In the meantime, on 4 September 1995 the applicant and the Government concluded a purchase contract for the apartment on the basis of the Municipal and Appellate Courts’ judgments. The applicant thus purchased the apartment at a price reduced by the amount of contributions he had paid to the former Yugoslav Army. On 29 September 1995 the Skopje I Municipal Court authorised the contract.", "27. From the copy of one document issued by the Public Enterprise for Administering State Property (Јавно претпријатие за стопанисување со стамбен и деловен простор на Република Македонија), it may be deduced that the applicant paid for the apartment in 1995 at the latest. It is not clear whether later the Ministry of Defence reimbursed the Housing Fund with the price difference for the apartment.", "28. On 16 October 1997 the Supreme Court granted the appeal on points of law submitted by the Solicitor-General and dismissed the applicant’s request to purchase the apartment at a reduced price. It found that the Z.S.O.J.N.A. had provided for more beneficial conditions for the sale of apartments to army servicemen, and that it had governed the relations and status of the former Yugoslav Army and its housing fund, both of which had ceased to exist. The court held, inter alia, that as the former Yugoslav Republic of Macedonia was not a legal successor of the former Yugoslav Army, it was under no obligation whatsoever to cover the price difference. In addition, the new Macedonian Constitution had abolished special privileges of the army servicemen.", "29. The court did not mention at all the decision of the Constitutional Court and the S.P.O.V.P.N.T.R.M. Nor did it observe that the applicant had already purchased the apartment by contract or that the Ministry of Defence had exchanged a number of apartments owned by the Housing Fund and inhabited by other servicemen.", "30. The applicant was served with the decision on 16 March 1998.", "31. The parties have not indicated whether the applicant was formally registered as the owner of the apartment in the Land Registry (Државен завод за геодетски работи) after the purchase agreement was authorised by the Municipal Court in 1995. From their submissions it appears that the applicant had already recorded his title over the apartment. In addition, the parties have not indicated whether the Government have taken any legal action to enforce the Supreme Court’s judgment of 16 October 1997. There is no information that such proceedings have ever been instituted.", "32. The applicant still lives in the apartment in question." ]

[ 9 ]

[ "9. The applicant was born in 1954 and is a resident of Katyr-Yurt, Achkhoy-Martan district, Chechnya.", "10. The facts surrounding the bombardment of Katyr-Yurt and the ensuing investigation were partially disputed. The Court therefore asked the Government to produce copies of the entire investigation file in relation to the bombardment and the civilian casualties. The Court also asked the applicant to produce additional documentary evidence in support of her allegations.", "11. The parties' submissions on the facts concerning the circumstances of the attack are set out in Sections 1 and 2 below. A description of the materials submitted to the Court is contained in Part B.", "12. In autumn 1999 Russian federal military forces launched operations in Chechnya. In December 1999 rebel fighters (“boyeviki”) were blocked by the advancing federal forces in Grozny, where fierce fighting took place.", "13. The applicant submits that at the end of January 2000 a special operation was planned and executed by the federal military commanders in order to entice the rebel forces from Grozny. Within that plan, the fighters were led to believe that a safe exit would be possible out of Grozny towards the mountains in the south of the republic. Money was paid by the fighters to the military for information about the exit and for the safe passage. Late at night on 29 January 2000 the fighters left the besieged city and moved south. They were allowed to leave the city. However, once they had left the city they were caught in minefields and the artillery and air force bombarded them along the route.", "14. The applicant referred to the published memoirs of Major-General Viktor Barsukov and to the interview with Major-General Shamanov, the commanders of the operation, concerning its details (see §§ 111-112 below).", "15. A significant group of Chechen fighters – ranging from several hundred to four thousand persons - entered the village of Katyr-Yurt early on the morning of 4 February 2000. According to the applicant, the arrival of the fighters in the village was totally unexpected and the villagers were not warned in advance of the ensuing fighting or about safe exit routes.", "16. The applicant submitted that the population of Katyr-Yurt at the relevant time was about 25,000 persons, including local residents and internally displaced persons (IDPs) from elsewhere in Chechnya. She also submitted that their village had been declared a “safe zone”, which attracted people fleeing from fighting taking place in other districts of Chechnya.", "17. The applicant submitted that the bombing started suddenly in the early hours of 4 February 2000. The applicant and her family hid in the cellar of their house. When the shelling subsided at about 3 p.m. the applicant and her family went outside and saw that other residents of the village were packing their belongings and leaving, because the military had apparently granted safe passage to the village's residents. The applicant and her family, together with their neighbours, entered a Gazel minibus and drove along Ordzhonikidze road, heading out of the village. While they were on the road, the planes reappeared, descended and bombed cars on the road. This occurred at about 3.30 p.m.", "18. The applicant's son, Zelimkhan Isayev (aged 23) was hit by shrapnel and died within a few minutes. Three other persons in the vehicle were also wounded. During the same attack the applicant's three nieces were killed: Zarema Batayeva (aged 15), Kheda Batayeva (aged 13) and Marem (also spelled Maryem) Batayeva (aged 6). The applicant also submitted that her nephew, Zaur Batayev, was wounded on that day and became handicapped as a result.", "19. The applicant submitted that the bombardment was indiscriminate and that the military used heavy and indiscriminate weapons, such as heavy aviation bombs and multiple rocket launchers. In total, the applicant submits that over 150 people were killed in the village during the bombing, many of whom were displaced persons from elsewhere in Chechnya.", "20. The applicant and the wounded members of her family were later taken by a relative to the town of Achkhoy-Martan. They were afraid to return to Katyr-Yurt, and had to bury the applicant's son in Achkhoy-Martan.", "21. The applicant claims that when they were allowed to return to the village some time later, she found her house looted and destroyed. Their car was burnt in the garage.", "22. The applicant stated that no safe exit routes had been provided for the village residents before or after the bombardment started. Those who managed to get out under fire and reach the military road-block were detained there for some time.", "23. According to the Government, at the beginning of February 2000 a large group of Chechen fighters, headed by the field commander Gelayev and numbering over 1,000 persons forced their way south after leaving Grozny. On the night of 4 February 2000 they captured Katyr-Yurt. The fighters were well-trained and equipped with various large-calibre firearms, grenade- and mine-launchers, snipers' guns and armoured vehicles. Some of the population of Katyr-Yurt had already left by that time, whilst others were hiding in their houses. The fighters seized stone and brick houses in the village and converted them into fortified defence points. The fighters used the population of Katyr-Yurt as a human shield.", "24. Early in the morning of 4 February 2000 a detachment of special forces from the Ministry of the Interior was ordered to enter Katyr-Yurt because information had been received about the fighters' presence in the village. The detachment entered the village, but after passing the second line of houses they were attacked by the fighters, who offered fierce resistance using all kinds of weapons. The unit sustained casualties and had to return to its positions.", "25. The federal troops gave the fighters an opportunity to surrender, which they rejected. A safe passage was offered to the residents of Katyr-Yurt. In order to convey the information about safe exit routes, the military authorities informed the head of the village administration. They also used a mobile broadcasting station which entered the village and a Mi-8 helicopter equipped with loudspeakers. In order to ensure order amongst the civilians leaving the village, two roadblocks were established at the exits from the village. However, the fighters prevented many people from leaving the village.", "26. Once the residents had left, the federal forces called on the air force and the artillery to strike at the village. The designation of targets was based on incoming intelligence information. The military operation lasted until 6 February 2000. The Government submitted that some residents remained in Katyr-Yurt because the fighters did not allow them to leave. This led to significant civilian casualties - 46 civilians were killed, including Zelimkhan Isayeb, Zarema Batayeva, Kheda Batayeva and Marem Batayeva , and 53 were wounded.", "27. According to the Government's observations on the admissibility of the complaint, 53 federal servicemen were killed and over 200 were wounded during the assault on Katyr-Yurt. The Government also submitted that, as a result of the military operation, over 180 fighters were killed and over 240 injured. No information about combatant casualties on either side was contained in their observations on the merits. The criminal investigation file reviewed by the Court similarly contains no information on non-civilian casualties.", "28. The events at the beginning of February 2000 were reported in the Russian and international media and in NGO reports. Some of the reports spoke of serious civilian casualties in Katyr-Yurt and other villages during the military operation at the end of January - beginning of February 2000.", "29. On 5 April 2000 the civil registration office in Achkhoy-Martan, Chechnya, issued death certificate no. 273 certifying the death of Zelimkhan Isayev, aged 23, on 4 February 2000 in Achkhoy-Martan from numerous shrapnel wounds to the chest and heart area. On 12 April 2000 the registration office issued the following death certificates: no. 312, for Zarema Batayeva, who had died on 4 February 2000 in Achkhoy-Martan from shrapnel wounds to the body, face and right hip; no. 314, for Kheda Batayeva, who had died on 4 February 2000 in Achkhoy-Martan from shrapnel wounds to the body, face and right hip; no. 315 for Maryem Batayeva, who had died on 4 February 2000 in Achkhoy-Martan from numerous shrapnel wounds to the head and body.", "30. On 24 August 2002 the military prosecutor of military unit no. 20102 replied to the NGO Memorial's enquiry about a criminal investigation. The letter stated that a prosecutor's review had been conducted following the publication on 21 February 2000 in the Novaya Gazeta newspaper of article entitled “167 Civilians Dead in Chechen Village of Katyr-Yurt”. The review established that between 3 and 7 February 2000 a special military operation aimed at the destruction of illegal armed groups had taken place in Katyr-Yurt. The Western Alignment of the army and the interior troops had performed the operation according to a previously prepared plan: the village had been blocked and civilians had been allowed to leave through a corridor. The command corps of the operation had assisted the villagers to leave the village and to remove their possessions. Once the commanders were certain that the civilians had left the village, missiles had been deployed against Katyr-Yurt. Other means had also been employed to destroy the fighters. No civilians had been harmed as a result of the operation, as confirmed by the commandant of the security area of the Urus-Martan district[1]. On the basis of the above, on 1 April 2000 the prosecutors refused to open an investigation into the alleged deaths of civilians due to the absence of corpus delicti. The criminal investigation file reviewed by the Court contained no reference to this set of proceedings.", "31. The Government submitted initially that the Russian law-enforcement bodies were not aware of the events described in the applicant's submissions to the Court prior to the communication of the complaint in June 2000. After that communication, the prosecutor's office in the Achkhoy-Martan District, Chechnya, carried out a preliminary investigation and on 14 September 2000 instituted criminal proceedings under Article 105 (2) (a) and (f) of the Criminal Code, i.e. the murder of two or more persons by a generally dangerous method.", "32. In their further submissions the Government informed the Court that on 16 September 2000 a local prosecutor's office in Katyr-Yurt, acting on complaints from individuals, had opened criminal case no. 14/00/0003-01 to investigate the deaths of several persons from a rocket strike in the vicinity of the village. The case concerned the attack on the Gazel minibus on 4 February 2000, as a result of which three civilians died and two others were wounded. In December 2000 the case file was forwarded to the office of the military prosecutor in military unit no. 20102. Later in 2001 the case-file was transferred for investigation to the military prosecutor of the Northern Caucasus Military Circuit in Rostov-on-Don.", "33. The investigation confirmed the fact of the bombing of the village and the attack on the Gazel minivan, which led to the deaths of the applicant's son and three nieces and the wounding of her relatives. It identified and questioned several dozen witnesses and other victims of the assault on the village. The investigation identified 46 civilians who had died as a result of the strikes and 53 who had been wounded. In relation to this, several dozen persons were granted victim status and recognized as civil plaintiffs. The investigators also questioned military officers of various ranks, including the commanders of the operation, about the details of the operation and the use of combat weapons. The servicemen who were questioned as witnesses gave evidence about the details of the operation's planning and conduct. No charges were brought (see Part B below for a description of the documents in the investigation file).", "34. The investigation also checked whether the victims had been among the insurgents or if members of the unlawful armed groups had been implicated in the killings.", "35. On 13 March 2002 the investigation was closed due to a lack of corpus delicti. On the same day the military prosecutor in charge of the case informed the Head of the Government of Chechnya about the closure of the procedure, appended a list of victims (including the applicant) and asked the Government to take appropriate steps to locate the applicant and other victims and to inform them about the closure of the case and of the possibility to appeal. The list consisted only of the victims' names and contained no other data relevant to their identification and location. The letter also stated that the victims could pursue separate civil remedies.", "36. On 12 December 2002 Major-General Yakov Nedobitko, the commander of the operation in the Katyr-Yurt, appealed the decision of 13 March 2002. He contested the reasons for closing the investigation. On 6 March 2003 the Bataysk Garrison Military Court rejected his appeal and confirmed the decision of 13 March 2002.", "37. The parties submitted numerous documents concerning the investigation into the attack. The main documents of relevance are as follows:", "38. The Government submitted a copy of the investigation file in criminal case no. 14/00/004-01, comprising six volumes. On the basis of the documents submitted, it appears that the investigation made substantial efforts during 2001 to put together an account of the attack complained of by the applicant. The applicant and her relatives were questioned and granted victim status. The investigators questioned several dozen local residents and granted victim status to 62 of them. Civilian and military witnesses were asked to indicate on the map of Katyr-Yurt the locations to which they referred. Considerable data were obtained from the servicemen involved in the planning and conduct of the operation. The investigators questioned the commanders of the operation and servicemen of lower ranks.", "39. Certain documents obtained from the military and the evidence of some servicemen were not disclosed to the Court. In the second volume, which consisted of 89 documents, 49 were not disclosed. In the fifth volume, which contained 105 documents, 56 were not disclosed. In the sixth volume, 20 out of 213 documents were not disclosed. The Government produced a list of documents that were exempted from the case file submitted to the Court and explained their non-disclosure on the grounds of national security.", "40. The principal documents contained in the file are as follows:\na) Opening of the investigation", "41. On 16 September 2000 an investigator of the Achkhoy-Martan District Prosecutor's Office opened a criminal investigation into the killing of the applicant's relatives. On 23 November 2000 the criminal case was forwarded to military unit no. 20102 for investigation. On 15 December 2000 a military investigator accepted the case for investigation and on 6 January 2001 he issued a decision to close the investigation on the ground of a lack of corpus delicti in the actions of the military pilots. On 30 January 2001 this decision was quashed by a military prosecutor of military unit no. 20102. On 19 February 2001 the case was accepted for investigation by an investigator of the North Caucasus Military Prosecutor's Office in Rostov-on-Don, who conducted a further investigation.\nb) Questioning of the applicant and her relatives", "42. In October and November 2000 the investigators of the Achkhoy-Martan District Prosecutor's Office questioned the applicant, her husband and several other passengers of the Gazel minibus. The applicant, questioned on 15 November 2000, testified that on 4 February 2000 the village came under attack from federal aviation from early morning. In the afternoon the applicant and her family learnt of a “humanitarian corridor” that would be opened for civilians. At around 4 p.m. she left the house at 15 Oktyabrskaya Street with her son Zelimkhan and daughter Leyla. They took their seats in a blue Gazel minibus, driven by its owner, their relative Dzhabrail Bitiyev. There were about 28 people in the bus, including her husband's sister Petimat Batayeva and her three daughters Zarema (born in 1984), Kheda (born in 1987) and Marem (born in 1993). The applicant recalled that the bus was driving along the street towards Achkhoy-Martan. As they were leaving the village and approaching the military roadblock, an aviation bomb exploded nearby. The blast deafened the applicant and threw most of the passengers out of the bus, but she remained inside. All the windows of the Gazel were shattered and the back and side doors were torn away. The applicant did not remember subsequent events very clearly, except that she was taken in the same minibus to the Achkhoy-Martan hospital, where she learnt that her son Zelimkhan Isayev, Kheda Batayeva and Marem Batayeva had been killed on the spot. Zarema Batayeva died in the Achkoy-Martan hospital the next morning. Several of the Gazel's other passengers were wounded. On 2 October 2000 the applicant was granted victim status in the criminal proceedings.", "43. At an additional interview on 3 March 2001, conducted by an investigator from the North Caucasus Military Prosecutor's Office, the applicant specified that there had been 26 adults and two babies in the minibus. She indicated the sitting plan within the vehicle. She further specified that the explosion occurred when the bus had been driving along Ordzhonikidze Street towards the exit of the village, about 500 metres before the roadblock. The applicant submitted that she was looking up through a sunroof and saw two planes, which had dropped bombs on parachutes. The applicant called them “flare bombs”. She could not determine where exactly the explosions had occurred. She described her son's wounds and indicated them on a body scheme. The investigators collected the sweater which her son had been wearing on the day of the attack.", "44. The applicant's husband, who was travelling in another car, confirmed in an interview that his wife and daughter had been wounded as a result of the explosion near the minibus and that his son Zelimkhan had been killed. They returned to Katyr-Yurt only three months later and found their house destroyed, and all property and household items gone. Their son's car, a Renault 19, was found burnt in the garage. On 20 February 2000 the administration of Katyr-Yurt issued a certificate to the applicant that their house at Oktyabrskaya Street had been destroyed beyond repair.", "45. The other passengers in the minibus gave evidence about the circumstances of the attack. Zura B. testified that on 4 February 2000 she saw military planes over the village at about 9 a.m. and heard explosions near the mosque. She ran into her neighbours' cellar, where some people were already hiding. At about 3 p.m. her nephew Zelimkhan Isayev ran into the house and said that the military had opened a corridor for villagers and that many cars had already lined up in Ordzhonikidze Street to leave for Achkhoy-Martan. With other people, she got into the minibus in the courtyard of the house at 15 Oktyabrskaya Street at about 3.30 p.m. While the vehicle was travelling along Melnichnaya Street, she saw a bomb dropped from a plane on a parachute. The explosion was somewhere near the bus, and she was thrown out of the vehicle. At first she lost consciousness, and when she regained consciousness she went into a nearby house. A male relative brought in Zelimkhan, who was bleeding. Then there was another explosion, and they decided to leave with the bus. When they came out to the road, they found Zarema Batayeva who was wounded but still alive. At that stage they did not find Kheda and Marem Batayeva, whose bodies were identified later. Zura B. was admitted to the Achkhoy-Martan hospital with light shrapnel wounds. In the morning on 5 February 2000 Zarema Batayeva died in the hospital. Zaur Batayev was also treated there for a wound in the abdomen area. Four other passengers received shrapnel wounds and burns. On the following day she saw the dead in the mosque, and identified the bodies of Kheda and Marem Batayeva by the remains of their clothing. Their bodies were so badly burned and disfigured that they were not shown to the parents. When asked if she had seen the fighters, she said that at about 2 p.m. on 4 February she was running from one cellar to another and saw a group of 8-10 armed men with beards and headbands in the gardens in Pervomayskaya Street.", "46. Akhmadi I. testified that that when the minibus was driving along Melnichnaya Street, nearing the crossroads with Ordzhonikidze Street, he saw a fireball flying towards the vehicle from the sky. At that moment Dzhabrail Bitiyev, the driver, braked because the car behind had started to hoot, and he opened the door to look back. Akhmadi shouted to him to move forward, but at that moment three explosions occurred. He could not say on which side of the bus they occurred. When he got out of the bus he saw Zelimkhan Isayev lying on the ground and took him into a nearby house. When they brought him to the hospital in Achkhoy-Martan, the doctor looked at him and said that he was dead.", "47. Yakhita B. testified that the attack on the village started at about 8 a.m. on 4 February 2000. She hid in her neighbours' cellar, because her own family's was not solid enough. Only women and children were in the cellar, the men remained outside. At about 2 p.m. there was a lull in the bombardment and they ran to another cellar because cracks had appeared in the walls of their initial hiding place. The bombardment resumed. Then the door opened and Zelimkhan Isayev told them to get out and leave quickly, because the military had opened a “humanitarian corridor”. She recalled the circumstances of the attack and that there were two explosions within three or four minutes of each other.", "48. Elza I., the applicant's niece, testified that early in the morning of 4 February 2000 she looked outside and saw a lot of armed men in the street. Her family was hiding in a cellar. At about 3 p.m. her cousin Zelimkhan came in and told them to leave, because the military had provided a corridor for exit to Achkhoy-Martan. They got into the Gazel bus, which was full to bursting point. She was in the centre of the bus. After the first explosion she ran away with her brother towards the roadblock and did not return to the vehicle. She confirmed Zelimkhan Isayev's death. Her brother Murat, who was also questioned, confirmed her statement.\nc) Examination of the site", "49. In March 2001 the investigators, together with one passenger from the Gazel minibus, examined the site of the explosion and took photographs. The place was identified as being on Melnichnaya Street, approximately 150 metres before the crossing with Ordzhonikidze Street.\nd) Statement by the head of the village administration", "50. On 10 October 2000 the investigator of the Achkhoy-Martan District Prosecutor's Office questioned the head of administration of Katyr-Yurt. He testified that early in the morning on 4 February 2000 a large group of fighters, numbering several hundred persons, entered the village. The elders asked them to leave in order to save the village, but they proceeded to fortify their defence positions. At about 11 a.m. on 4 February the federal aviation forces started to bomb the village. The strikes continued until 7 February 2000. Many civilians and fighters were killed as a result.\ne) Identification and questioning of other victims", "51. The investigators questioned over 50 local residents, who gave evidence about the fighters' arrival in the village, hiding in the cellars from the bombardment, the circumstances of the attacks, the death and injury of family members and destruction of their houses. The investigators also collected copies of the witnesses' personal documents, medical documents and death certificates. 62 persons were granted victim status.", "52. Tamara D. testified that on 4 February 2000 she, along with her four children, was hiding in a cellar from the bombardment. In the morning she came out briefly and saw a helicopter near the school, about 300 metres from her home. She heard something being said through loudspeakers, but could not make out the words because it was too far and there were explosions around. At about 4.30 p.m. a neighbour ran into her cellar and said that women and children would be allowed to leave the village. She grabbed the smaller children and ran towards Achkhoy-Martan. When she was near Ordzhonikdze Street she saw planes and then there was an explosion. Her elder son, who had been about 50 metres behind, was killed by shrapnel.", "53. Alkha D., who lived in the centre of the village not far from the mosque, testified that at 6 a.m. on 4 February 2000 he was woken up by a knock on the gates. He went outside and saw the whole street filled with armed people. A group entered his house, and he had no choice but to allow them in. The fighters told him that they belonged to groups headed by field commanders Gelayev and Abu Movsayev. They also told him that there were about 4,000 of them and that they had passed from Shaami-Yurt along the riverbed into Katyr-Yurt. They said that they would stay for one day and then leave. Once the aviation strikes started, they all went into the cellar of the witness's home, together with about 12 of his relatives. The attacks continued all day. Early next day a truck came to the neighbours' house and the residents all got inside, with the exception of the witness's brother, for whom there was no room. As their car was leaving the village, there were a lot of people in front of them at the roadblock. Mr D. saw a helicopter landing about 300 metres away and some officers in camouflage got out. Later he was told that it was General Shamanov and that he had scolded his subordinates for allowing the people out of the village. He found his brother's body, with shrapnel wounds, after they were allowed to return to the village.", "54. Eysa T. testified that as of 2 February 2000 the military encircled the village and allowed people to enter, but not to leave. The roadblock on the road towards Achkhoy-Martan prevented movement and was fortified with army armoured personnel carriers (APCs). He knew that General Shamanov, who was the commander of the operation, came to the village on 4 or 5 February in a helicopter, and that apparently he gave an order “not to let anyone out of the village”. The witness left the village, on foot and under fire, on the afternoon of 4 February. His son was wounded by shrapnel and died four days later in a hospital in Ingushetia. He testified to having seen large bombs, about three metres long, dropped on parachutes from planes.", "55. Khasi V. testified that on 4 February 2000 their neighbourhood at the edge of the village was shelled. The witness and his family went into the cellar of his cousin's house. It was a new house with a big cellar, and about 100 people gathered there. At about midday a bomb broke through the ceiling and exploded, killing nine people and wounding others. The witness's brother was among those killed. They crossed to another cellar and waited there until 5 February. On that day they went on foot to Achkhoy-Martan. When passing the building of the school at the edge of the village the witness saw General Shamanov, who arrived in a helicopter and ordered that people should not be allowed to leave. The Interior Ministry forces did not, however, close the roadblock. Several other witnesses who had been hiding in the same big cellar at 4 Chkalova Lane confirmed his statements as to the bombardment and the killing of nine people.", "56. Suleyman D. submitted that early in the morning of 4 February 2000 he had heard noise from outside. When he looked out he saw many armed fighters walking along the street. At about 9 a.m. the bombing started and his part of the village, which was near the centre, came under heavy fire. The witness and his family went into the cellar, while his father remained outside to look after the cattle. At about 9.30 a.m. a bomb with a parachute exploded in the courtyard. It left a crater about four metres wide. His father, who was in the stables, was killed by shrapnel. The village was shelled throughout the day by aviation, helicopters, tanks and mine-launchers. The witness also identified Grad multiple rocket-launcher systems[2] because of the sound they make. On 5 February 2000 the witness and his family went to Achkhoy-Martan. He saw a helicopter landing near school no. 2 on the edge of the village and heard General Shamanov saying that they had themselves to blame and that there should have been no corridor. He returned to the village on 8 February and buried his father in the village cemetery.", "57. Tumisha A. stated that early in the morning of 4 February she had gone outside to get some water and saw armed people in the centre of the village. They were wearing camouflage and military gear and the men were bearded. There were also a few women. They asked her the name of the village. She asked them why they had come, and they said that they would leave, but not before daybreak. They looked exhausted and had wet feet. About 15 IDPs from other places were staying in the witness's home. Once the bombing started, they went into the cellar. The assault continued all day without a break. At about 4 p.m. they decided to leave, and drove along the road towards Achkhoy-Martan. They were not aware of the humanitarian corridor. When they were nearing the edge of the village, a rocket fired from a plane hit the Volga car in front of theirs and killed six people inside – these were IDPs from Zakan-Yurt who had spent the night in her house. She did not know their names. The witness managed to reach Achkhoy-Martan that day. When she returned to Katyr-Yurt on 8 February 2000 she discovered that a rocket had entered the cellar of their house and killed her husband.", "58. Marusa A. testified that on 4 February 2000 she was in a cellar with her neighbours. At about 1 a.m. on 5 February her son went upstairs to fetch them some food from the house. At that moment several explosions occurred in the courtyard, and in the morning they found her son's body with numerous shrapnel wounds. On 5 February they went toward the exit from the village, leading to the village of Valerik, but were not allowed to pass through the roadblock. The shelling was too heavy to return home, and they remained in a cellar in a house on the edge of Katyr-Yurt for three days. She had not been aware of a humanitarian corridor.", "59. Roza D. testified that their house on the edge of the village was bombed on the morning of 4 February 2000. The first explosion occurred in her courtyard and wounded her two year old son, who died of his wounds early in the morning on 6 February. She remained in a cellar until 6 February, when she, with some other people, attempted to leave for Valerik. However, the roadblock was closed and the soldiers told them that they had an order from General Shamanov not to let anyone out. They remained in the cellar of an unfinished house on the edge of the village, near the exit to Valerik, for one more day, and on 8 February she returned home.", "60. Makhmud S. testified that on 5 February 2000 he talked to four fighters. He asked them how they had been able to get into the village when it was blocked by the military on all sides. They replied that they had entered without any problems and were planning to leave. He did not see any dead fighters and presumed that they had escaped into the mountains.", "61. Yelizaveta T. testified that her house was on the southern edge of Katyr-Yurt. On 4 February 2000 bombing suddenly started. She went into the cellar with her family. The next day at about 9 a.m., a group of around 100 federal soldiers dressed in green camouflage entered their courtyard. They checked the family's documents and left. Then other members of the military came, wearing grey camouflage with black berets. They also checked the family's documents. The whole family was brought by soldiers to a house at the edge of the village, near the tanks. There were already six families in that house. They were kept there for five days, then the military left and they returned home. The witness stated that they had been kept as hostages and that the military threatened to shoot her two nephews.", "62. All the residents questioned refused to allow their relatives' bodies to be exhumed. They also stated that they and their relatives had nothing to do with the fighters.\nf) Medical documents", "63. The investigation requested information from the Achkhoy-Martan hospital about the wounded who had been treated on 4 February 2000 and over the following days. In November 2000 the hospital confirmed that on 4 February 2000 three passengers from the Gazel minibus were treated in the hospital for shrapnel wounds. No detailed records had been kept for that period because of a massive influx of patients. A nurse at the hospital, who was questioned on 23 November 2000, stated that on 4 February 2000 a large number of wounded were brought to the hospital, most of them with shrapnel wounds. They told her that they were from Katyr-Yurt and that they had been attacked by aviation bombs. There were so many wounded that the hospital personnel were unable to keep records.", "64. The hospital authorities also submitted to the investigators copies of the medical death certificates issued to the residents of Katyr-Yurt in relation to the attack.", "65. In February 2002 a military forensic laboratory, at the investigator's request, produced eight reports based on the medical files from the Achkhoy-Martan district hospital. The reports concluded that the wounds – shrapnel wounds and concussion – could have been received in the circumstances described by the victims, i.e. during an attack at the village.\ng) Statement by Major-General Shamanov", "66. On 8 October 2001 the investigation questioned Major-General Vladimir Shamanov, who at the material time had headed the operations centre (OC) of the Western Zone Alignment in Chechnya, which had included the Achkhoy-Martan district. He stated that his main aim had been to restore constitutional order in the western districts of Chechnya by disarming the illegal armed groups and, if they offered resistance, by eliminating them, i.e. conducting the military stage of the counter-terrorist operation. Units of the Ministry of Defence, Ministry of the Interior, Ministry of Justice and the Federal Security Service were under his operational command. The OC issued operation orders. The special operation for the liberation of Katyr-Yurt was part of a broader action, based on the operation order issued by the OC in the last ten days of January 2000.", "67. The situation in his zone of responsibility was very difficult in February 2000, because large groups of bandits had escaped from Grozny and were breaking southward. They were occupying villages along the way and fiercely opposing federal troops. Among the fighters were many mercenaries, including Arabs and Africans.", "68. In January – February 2000 the federal forces were conducting identity checks in the villages of the Western Zone, including Alkhan-Kala, Shaami-Yurt and others. The command corps warned the heads of local administrations about the need to inform the federal forces of the arrival of fighters and of the need to prevent their entry. This information was also conveyed to the head of the Katyr-Yurt administration, who had personally assured the military commandant of the Achkhoy-Martan district that there had been no fighters in the village. However, reconnaissance information was received to the effect that groups under Gelayev's command, numbering 500-600 persons, were slipping into the village. In order to prevent their concentration in the village, Katyr-Yurt was blocked by a division of interior troops under the command of Major-General Nedobitko and other units. Nedobitko was ordered to conduct a special operation – an identity check - in Katyr-Yurt, and to locate and disarm members of illegal armed groups. The head of administration was informed that a special operation would be conducted, but he asked that it be postponed, and in the end it was postponed for one day.", "69. On the morning of the day on which the operation started (Mr Shamanov could not recall the exact date) the fighters had attacked the federal forces. They were well-equipped and armed with automatic weapons, grenade-launchers and fire-launchers, and used trucks armoured with metal sheets. He stated:\n“Realising that the identity check in the village could not be conducted by conventional means without entailing heavy losses among the contingent, Nedobitko, absolutely correctly from a military point of view, decided to employ army aviation and ground attack air forces, artillery and mine-launchers against the fortified positions of the fighters entrenched in the village. Failure to employ these firm and drastic measures in respect of the fighters would have entailed unreasonably high losses among the federal forces in conducting the special operation and a failure to accomplish the operative task in the present case. All this would have demonstrated impotence on the part of the federal authorities, would have called into question the successful completion of the counter-terrorist operation and the reinstatement of constitutional order in Chechnya. Failure to accomplish these tasks would threaten the security of the Russian Federation. Besides, our indecisiveness would have attracted new supporters to the illegal armed groups, who had adopted a wait-and-see attitude at the relevant time. This would have indefinitely extended the duration of the counter-terrorist operation and would have entailed further losses among the federal forces and even higher civilian casualties.”", "70. He stated that the fire-power employed had been directed at the fighters' positions “on the edges of the village and in its centre, near the mosque”. Civilians were allowed to leave the village. The fighters were offered surrender, with a guarantee of personal safety, which they refused. They thus used the villagers as a human shield, entailing high civilian casualties.", "71. In his opinion, the population of Katyr-Yurt should have prevented the fighters' entry into the village. Had they done so, as had happened earlier in the village of Shalazhi, there would have been no need to conduct such a “severe mopping-up operation” and to deploy aviation and artillery, and thus the unfortunate civilian losses could have been avoided. The losses among fighters, in his estimation, were about 150 persons. The rest escaped from the village at night, under cover of thick fog.", "72. He was asked what measures were taken to ensure maximum security of the civilians during the operation in Katyr-Yurt. In response, Mr Shamanov responded that Nedobitko used a Mi-8 helicopter equipped with loudspeakers to inform civilians about the safe exit routes he had established.", "73. He was also asked, with reference to the statements by local residents, if, when he had arrived by helicopter at the roadblock near Katyr-Yurt, he had ordered soldiers to prevent civilians leaving the village. Mr Shamanov responded that he had given no such orders, and that the exit was in fact organised by the federal troops under his command. He stated that during his visit he berated the head of the village administration for allowing the situation to deteriorate to such an extent that it had become necessary to involve aviation and artillery. That dialogue could have been understood by those present in a perverse way.\nh) Statement by Major-General Nedobitko", "74. On 26 October 2001 the investigator questioned Major-General Yakov Nedobitko, who had headed the operation in Katyr-Yurt. He testified that at the relevant time he had headed a division of Interior Ministry troops which belonged to the Western Zone Alignment, headed by Major-General Vladimir Shamanov. The situation in the zone of their responsibility in early February 2000 was very difficult, because large groups of fighters were trying to break through from Grozny, via the plain, to mountains in the south of Chechnya. At the end of January 2000 the OC of the Western Zone Alignment issued an operation order to destroy these groups before they joined up with their supporters in the mountains. He further stated:\n“From Shamanov I learnt that a large group of fighters, having escaped from Lermontov-Yurt, had entered Katyr-Yurt. Shamanov ordered me to conduct a special operation in Katyr-Yurt in order to detect and destroy the fighters.\nI drew up a plan of the special operation, which defined units of isolation, units of search, rules of fire in case of enemy fire, positions of ... roadblocks... Two roadblocks were envisaged – one at the exit towards Achkhoy-Martan, another – towards Valerik. ... The involvement of aviation was foreseen should the situation deteriorate. The artillery actions were planned ... in advance in order to target the possible bandit groups' retreat routes and the lines of arrival of reserves to assist the besieged groups. The artillery were only to be involved in the event of enemy fire against the search groups.\nThis plan was drawn up the night before the operation. On the evening of the same day Shamanov called me to the command headquarters of the Western Zone to discuss the details of the operation. We foresaw the presence of refugees and fighters, and planned to check documents. Early in the morning on the following day I was returning to our position with two APCs. On the eastern side of the village, towards Valerik, there had been an exchange of fire. An Ural truck was on fire, three dead bodies lay on the ground and there were a few wounded. These were OMON [special police force units] from Udmurtia. We were also attacked from the village. We descended and fired back. Then, under cover of the APCs, we moved south toward our command point. I immediately informed Shamanov about the deterioration in the situation. He authorised me to conduct the special operation in accordance with my plan.\nColonel R., commander of ... regiment, informed me that he had met with the head of administration of Katyr-Yurt, who stated that there were no fighters in the village, just a small 'stray' group who had had a skirmish with OMON forces. I did not know the number of fighters in the village, so I ordered that the search be carried out by previously determined groups of special forces from the interior troops, without artillery or aviation support. If there were few fighters, they could be destroyed by the search groups. If their number was substantial, they could be destroyed by tanks shooting directly at specific points, i.e. by pinpoint attacks. And if it was a very big bandit grouping, then it would be impossible to avoid the use of artillery and aviation, because otherwise the personnel losses would be too high.\nThe search groups moved out ... they were attacked... and I ordered them to retreat. One group could not withdraw... Realising that the use of artillery and aviation could not be avoided, I ordered colonel R. to organise evacuation of the civilians from the village, which he did through the head of the village administration. For that purpose colonel R. used a vehicle equipped with loudspeakers, through which he was able to inform the population of the houses on the edge of the village about the need to leave. The civilians were leaving the village through the pre-established roadblocks.”", "75. Major-General Nedobitko then proceeded to describe in detail the fighting on the first and second day of the operation. On the first day the army used artillery, tanks and a mine-launcher. The aviation attack was coordinated by a forward air-controller, who was positioned at the command centre and took directions from Mr Nedobitko, who relied on information received from the special forces of the interior troops. When asked if his troops had prevented civilians from leaving through the eastern roadblock, he replied that he did not prevent it, but that the main exit route was through the checkpoint at the western side, i.e. towards Achkhoy-Martan. At that checkpoint, servicemen from the Federal Security Service and the Ministry of Interior checked those leaving the village for possible involvement in the illegal armed groups.", "76. The investigator asked what might have been different had the village administration informed the federal forces that the group of fighters in the village was very large. The Major-General responded that he would have allowed the civilians to leave through both roadblocks, as had been done in Shaami-Yurt. But once one of his search groups was trapped in the village and had sustained casualties, he could not abandon them and had to do everything possible to save them. Civilian victims were unavoidable. Mr Nedobitko was not aware of the exact number of casualties sustained by the federal forces or by the fighters during the operation.\ni) Testimony by servicemen in the ground forces", "77. On 23 November 2001 the investigators questioned colonel R., who at the material time had headed a regiment of the internal troops involved in the operation. He stated that in early February 2000 his regiment was stationed outside Katyr-Yurt. At about 8 a.m. on 4 February 2000 OMON servicemen from Udmurtia, who had been stationed in the village school, arrived at his unit and reported fighting in Katyr-Yurt. They brought with them several wounded and explained that their vehicle, carrying a change of personnel to man a roadblock, had been attacked by fighters in Katyr-Yurt and that more fighters, allegedly over 1,000 in number, had attacked their base in the school and forced them to withdraw. The colonel reported this information to the commander of the division, Major-General Nedobitko. The latter contacted the head of the village administration who conceded that about 1,000 fighters had entered the village and that they would stay there for a couple of days and then leave. At about 6 p.m. on the same day additional army units arrived in Katyr-Yurt. On that first day no aviation or artillery strikes were carried out. On the second day the village was blocked and a reconnaissance group was sent into the village, but it was attacked. Then the civilians started to leave en masse. A vehicle equipped with loudspeakers was installed at one of the roadblocks and information about the safe exit was given to the head of the village administration. Most people left the village along the road towards Achkhoy-Martan. Colonel R. also stated that, in his opinion, the village administration could have either prevented the entry of the fighters into the village, or could at least have notified the military of their arrival at an early stage. This would have allowed the military to be more precise in their attacks and would have prevented civilian casualties.", "78. On 29 October 2001 the investigation questioned colonel S., head of a unit of the internal troops who reported directly to Major-General Nedobitko. He testified that the illegal armed groups led by field commanders Gelayev, Basayev, Khattab and others, had left Grozny on 30 January 2000. On 3 February 2000 he received an order from Nedobitko to search the village of Katyr-Yurt for fighters, disarm them, and in the event of resistance, to destroy them. He further submitted that he had had information that a group of about 1,500 fighters was supposed to have entered Katyr-Yurt after escaping from Shaami-Yurt. However, the OMON unit from Udmurtia, stationed in Katyr-Yurt, refuted this information. Early in the morning of 4 February 2000 his unit entered the village from the south-western side. They encountered two civilian families, whom they evacuated from their homes towards the rear, and did not meet any other civilians after that. At about 7.20 a.m. one of their groups was attacked. They immediately informed Nedobitko, who at 8 a.m. ordered them to retreat. They captured one fighter who told them that there were over 2,000 fighters in the village, headed by Gelayev, Khattab and Basayev. At 9 a.m. fighter jets arrived and started bombing the village. Soon they were joined by artillery. On that day they did not attempt to enter the village again. On 5 February there was some heavy fighting, and on 6 February they conducted the “mopping-up” operation without meeting any resistance. When asked about casualties, colonel S. responded that his unit had lost seven men and 15 had been wounded. He could not specify the overall losses among the fighters, but his unit had found about 80 bodies, and his overall estimation of the number of fighters destroyed by his unit was 386. He submitted that he did not see any civilian bodies among the dead, all of whom had been dressed in military and camouflage gear.", "79. Several of the OMON servicemen from Udmurtia were questioned. They testified that from December 1999 – March 2000 their unit of about 30 servicemen was deployed in Katyr-Yurt and in the village of Valerik, situated about 1.5 kilometres to the south-east of Katyr-Yurt. They were stationed in the school building in Katyr-Yurt. Serviceman N. estimated the population of Katyr-Yurt at the beginning of February 2000 at about 18,000 people. He stated that he had been on duty at the roadblock in Valerik from the morning of 3 February 2000. He and his colleagues were informed by a senior police officer that they could expect some southbound movement of fighters from Grozny and that the fighters might pass through Valerik or Katyr-Yurt. On the morning on 4 February 2000 no replacement personnel came to the roadblock because the fighters had attacked Katyr-Yurt and the servicemen who were supposed to replace his team had been attacked.", "80. Serviceman G. from the same unit testified that between 7 and 8 a.m. on 4 February 2000 their car was shot at as they were going to replace their colleagues at the roadblock in Valerik. Three servicemen were killed and four were wounded. He immediately informed his superiors of the incident by radio. About one and a half hours later the air force and artillery attacks began. He was not aware of any measures to inform the population about the safe exit routes, but stated that this period – one and a half hours - was available for them to leave. He further confirmed the arrival of Major-General Shamanov to visit the positions of the federal forces early in the morning of 6 February 2000. The latter did not prevent civilians from leaving; on the contrary, he ordered the soldiers to establish check-points at the exits from the village and to let out women, children and the elderly. On his orders, the OMON forces organised a “filtration point” where they checked young men leaving of the village.", "81. Colonel V. from the Rostov-on-Don interior troops testified about his participation in the operation in Katyr-Yurt. He stated that he was on mission in Chechnya at the relevant time. He did not recall the details of the operation, except that there had been some fierce fighting. The investigator quoted to him the operation record book, where the officer on duty recorded Colonel V.'s report, made at 12.15 p.m. on 4 February 2000, stating that he had seen people with a white flag in his sector of responsibility. Colonel V. stated that his memory was impaired by head traumas and concussions and that he could not recall any such episodes.", "82. On 26 November 2001 the investigators questioned Lieutenant-Colonel Z., who had been heading a detachment of the Ulyanovsk OMON unit on mission in Chechnya. He testified that they were deployed in Katyr-Yurt on the night of 3 February 2000, and on the morning of the next day they entered the village from the south-west at about 10 a.m. They were attacked and retreated. In the afternoon the village was attacked by aircraft, helicopters, artillery and mine-launchers. He had heard something about a “humanitarian corridor” for civilians, but was not involved in its organisation. His detachment did not encounter any civilians, only fighters, when it was in the village on 4 February and later.", "83. Serviceman K. from the Rostov-on-Don OMON testified that his unit was on mission in Chechnya in December 1999 – March 2000. In early February 2000 the unit was sent to Katyr-Yurt. They entered the village for the “mopping-up” operation in a group of about 40 servicemen from the OMON and the Interior Ministry troops, but were then ordered to take cover because aviation and artillery had been called in. They hid in a house near the edge of the village and stayed there until evening, then retreated. Next day they again entered the village. After driving about 150 metres into the village, they saw civilians coming out of the houses; these were elderly men and women. He did not see any children or younger people. They checked the houses for fighters and firearms until evening, but he did not personally see any fighters, dead bodies or firearms. Another serviceman from the same OMON unit confirmed the submissions almost word-for-word.", "84. Servicemen from the special forces of the Samara interior troops gave evidence about their participation in the Katyr-Yurt operation. One of two testimonies was disclosed by the Government. Serviceman B. testified that his unit was on mission in Chechnya in January – March 2000. On some date at the beginning of February they were deployed to Katyr-Yurt. Their unit was attacked near the river. He understood that civilians had been given three days to leave the village. From their positions they could clearly distinguish fighters from civilians, based on the presence of firearms and beards.", "85. Serviceman T. testified that at the relevant time he had headed the commandatura in Achkhoy-Martan district. Once the military operation in Katyr-Yurt was over, he organised the “mopping-up” of the village and collection of the fighters' bodies. He was not aware of the exact number of bodies collected, but believed that two or three fighters had been detained alive.", "86. Servicemen from the Tula OMON forces were also questioned. Only one testimony out of four was disclosed to the Court. Serviceman Gr. testified that their unit arrived at Katyr-Yurt to conduct a “mopping-up” operation after the military stage was over. They were searching for fighters, or for their dead bodies. He did not see any civilians in the village, dead or alive. He presumed that they had been allowed to leave before the assault started. He also testified that after two days of the “mopping-up” operation, civilians started to return to the village. He saw the body of one fighter. The fighters' bodies were collected by two trucks belonging to the army commandatura, and both were loaded full. He did not know exactly how many bodies there were.\nj) Testimony by servicemen from the air force, helicopters and tank battalion", "87. Two pilots from the army air force were questioned in relation to the attack on Katyr-Yurt. They were identified by the Government as pilot no. 1 and pilot no. 2. Both pilots stated that their unit took part in the bombardment of Katyr-Yurt on 4 February 2000. The mission sortie was between 12 and 2 p.m. on two SU-25 planes, each carrying six FAB-250[3] bombs. They dropped the bombs from a height of about 600 metres. The weather conditions were quite bad, and normally in such conditions they would not fly, but on that day the ground troops were in serious need of support. The targeting was done by a ground air controller who was positioned at the operation centre near the village. He indicated the targets and later reported to them that the bombing had been successful. In response to the question of whether they had seen any civilians or civilian vehicles in the streets of the village, the pilots either responded that the visibility was so bad - because of clouds and the smoke from burning houses - that they could not see anything, or that they did not see civilians or civilian transport.", "88. Two air-ground controllers were questioned. One of them, whose identity was not disclosed by the Government, testified that he was employed as a forward air-controller for fighter jets. His mission was to direct visually the planes to targets identified by the command corps of the operation. On the day preceding the operation in Katyr-Yurt, the exact date of which he could not remember, he was deployed to positions located between the villages of Valerik and Katyr-Yurt. His operational commander was Major-General Nedobitko, who told him to be on standby in case there was a need to call in the air force. The witness was not aware of the details of the operation, but from the discussions around him he realised that a large group of fighters had broken through from Grozny and captured Katyr-Yurt. On the next day between 7 and 8 a.m. information came in that three OMON servicemen had been killed in a skirmish with fighters. Approximately 30 minutes later Nedobitko ordered him to call in fighter jets with bombs, without specifying the type of bomb. Once the planes arrived, Nedobitko named the first target – about 500 metres west of the village mosque, which had been the tallest building and served as a good orientation point. The pilots were informed of the target and confirmed seeing armed people below. The planes successfully dropped a full load of FAB-250 bombs. They also used FAB-500 bombs[4], which were dropped by parachute in order to permit the plane to leave the area of the explosion. Once they had disposed of their ammunition round, Nedobitko requested another pair of planes. They arrived in 20 minutes with the same load. This time the target was set at 300 metres south of the mosque. The air-controller received the targets from Nedobitko, who was receiving continuous operational information by radio. At about 2 p.m. the planes left because the weather conditions had worsened, and then army and interior troops' helicopters arrived, which the witness did not direct.", "89. On the second day Major-General Shamanov and Major-General Barsukov arrived in Katyr-Yurt and, together with Nedobitko, headed the operation. The weather was too bad to employ fighter jets, but he was kept at the commanding point in case the conditions improved. The village was bombarded by artillery and mine-launchers and from helicopters. On the third day he was relocated back to his base.", "90. When asked if he was aware of a plan to evacuate civilians, the air-controller responded that on the first day of his arrival Nedobitko mentioned that his initial plan had been to offer the fighters a chance to surrender or for the civilians to leave, but once the OMON forces had been attacked he had called in fighter jets.", "91. Several helicopter pilots were questioned. They testified about taking part in the Katyr-Yurt operation. They employed non-guided missiles against the area targets indicated to them by forward air-controllers. They did not see any civilians or civilian vehicles in the village, only fighters who attacked them with machine-guns.", "92. The investigation also questioned servicemen from a tank battalion which arrived at Katyr-Yurt on the night of 4 February 2000. They testified that they were stationed south of the village with the task of preventing the fighters from breaking towards the mountains. They fired about 80 shots from tank guns at the village, on the orders of the operational headquarters and in response to enemy fire. They did not enter the village during or after the combat and were not aware of the humanitarian corridor.\nk) Other documents from the military", "93. Numerous other documents were requested and obtained by the investigation from the military, the majority of which were not disclosed to the Court. These concerned the operation plan, operational orders from the various levels of command, the log-books of different units involved in the operation, personnel lists for these units, records of casualties sustained etc.", "94. The military aerodrome submitted information to the effect that the horizontal fragment dispersion of a high explosion aviation bomb FAB-250 was 1,170 metres.\nl) Military experts' report", "95. On 26 November 2001 the investigator requested an expert opinion from the Combined Armed Services Military Academy in Moscow. Six questions were posed to the experts, who were given access to the investigation file. The questions concerned the accuracy of planning and conducting of the operation, the kind of documents and orders that should have been issued and the question of compliance of the operation in Katyr-Yurt with internal military rules. The experts were also asked to evaluate the propriety of Major-General Nedobitko's decision to deploy aviation and artillery against the fighters' positions; another question was to evaluate whether all necessary measures had been taken by the command corps of the OC of the Western Zone Alignment to minimize civilian victims in Katyr-Yurt.", "96. On 11 February 2002 six of the Academy's professors, with military ranks from lieutenant-colonel to major-general, produced their report. They had had access to military documents, such as the operational orders of the United Group Alignment, of the OC of the Western Zone Alignment, log-books etc. They also used six legal acts as a basis for their report, the titles of which were not disclosed to the Court. The report found as a fact that the decision to employ aviation and artillery was taken by Major-General Nedobitko after the forces under his command had been attacked when they tried to enter the village. Aviation and artillery fire power was involved from 8.30 a.m. on 4 February until 6 February 2000.", "97. The expert report concluded that the actions of the officers of the internal troops involved in the special operation to eliminate illegal armed groups in Katyr-Yurt on 4-6 February 2000 were in conformity with the Army Field Manual and the Internal Troops Field Manual. Analysis of the operative and tactical situation, as well as a videotape reviewed, permitted the experts to conclude that the decision to involve aviation and artillery had been a correct and well founded one. This conclusion was further reinforced by reference to article 19 of the Army Field Manual, which states: “The commanding officer's resolve to defeat the enemy should be firm and should be accomplished without hesitation. Shame on the commander who, fearing responsibility, fails to act and does not involve all forces, measures and possibilities for achieving victory in a battle”.", "98. As to minimising civilian losses, the report concluded that certain measures were taken to that effect: the commanding officers organised and carried out an exodus of the population from the village, and chose a localised method of fire. The administration and the population of the village were informed about the need to leave the area of the operation and the necessary time was provided for this. A roadblock was established at the village's western exit, equipped with a filtration point and manned by servicemen from the Ministry of the Interior and the Federal Security Service, located away from the area of the combat operations. The report further suggested that the losses could have been further minimised if additional time had been allocated for the civilians' departure. However, that same time could have been used by the fighters to prepare more thoroughly for defence of the village, which could have entailed additional losses among federal forces. Finally, the experts reported that it was not possible to reach any definite conclusions about what had prevented the village's entire population from leaving safely, but that it was probably the fighters.\nm) Decision to close the criminal proceedings and its challenge", "99. On 30 October 2001 the investigator of the Military Prosecutor's Office for the Northern Caucasus, acting on orders from the Circuit Military Prosecutor, transferred the case to another military prosecutor. On 13 March 2002 the latter issued a decision to close criminal proceedings due to the absence of corpus delicti in the military's actions.", "100. The investigation found it established that on the night of 3 to 4 February 2000 a group of more than 1,000 well-equipped and well-trained fighters under the command of field commander Gelayev occupied the village of Katyr-Yurt. These fighters were part of a larger group of insurgent forces, escaping south from Grozny to the mountains. By that time most people had already left Katyr-Yurt, whilst others, unwilling to leave the village, hid in their homes. The fighters occupied stone and brick buildings, turned them into fortified defence points and used the local residents as a “human shield”.", "101. On 4 February 2000 Major-General Nedobitko, who was unaware of the exact number of fighters in the village, ordered search groups to enter the village, but they met fierce resistance, sustained casualties and were forced to withdraw. Once the fighters' numerical superiority became clear, Nedobitko decided to evacuate the civilian population and to proceed with the deployment of artillery and aviation. Information was conveyed to the population through the head of administration and by a mobile broadcasting unit which moved around the village. Two roadblocks were established to control the exit. At around 9 a.m. the artillery proceeded with pinpoint strikes at the clusters of enemy resistance, namely at the edges of the village and in the centre near the mosque. Army aviation was then deployed. Targeting and guidance was based on information obtained from reconnaissance and units of the special forces. By their combat actions, the fighters prevented federal forces from organising evacuation of the civilians.", "102. Heavy fighting between the insurgents and federal forces, together with aviation and missile strikes, forced the local population to flee the village despite active combat. By midday on 4 February 2000 the flow of civilians had intensified.", "103. The special operation in Katyr-Yurt lasted for three days. On the third night a group of fighters, numbering about 800 persons, left Katyr-Yurt and escaped south towards the mountains under cover of thick fog. The rest were destroyed. In the course of the special operation 43 civilians were killed and 53 wounded; these were people who, by the time the bombardment commenced, had not wished or had had no time to leave.", "104. The document then summarised statements by Major-General Shamanov, Major-General Nedobitko, Colonel R., Colonel S. and other servicemen. It referred to the operational orders and operations log-book, which confirmed the deployment of combat means and the fighters' resistance. It referred to the statements by the head of administration of Katyr-Yurt and local residents, confirming that the village was seized by fighters on 4 February 2000 and that aviation and artillery strikes took place. It listed 43 civilians killed and 53 wounded as a result of the strikes. The decision referred to testimony by four local residents regarding the provision of a humanitarian corridor (two of these witnesses were wounded and were listed as such). It finally recalled the conclusions of the military experts' report.", "105. Against this background, the investigation came to the following conclusions. The majority of civilian injuries were sustained on 4 February 2000 in the centre of the village, where the fiercest fighting between federal forces and fighters occurred. The command corps of the operation took all possible measures to organise the local population's departure, which had been disrupted by the actions of fighters who stormed and occupied houses, using civilians as “human shields”. The fighters' fierce resistance and numerical superiority, as well as a real danger that they would break through the federal forces' lines toward the mountains, forced the command corps to use aviation and artillery. The strikes were directed at the fighters' positions. Aviation and artillery were heavily used at the initial stage of the operation on 4 February 2000, which caused a massive departure of the local population. Thus, civilians were caught in cross-fire between fighters and federal forces, which explained the heavy losses. As a result of the federal forces' dynamic action, the majority of the group was destroyed, the village was liberated and the remaining members of the group were dispersed.", "106. Under such circumstances the investigation concluded that the command corps' actions were absolutely necessary to eliminate the danger to society, the state, and to the lives of servicemen and civilians. This danger could not have been eliminated by other means, and the command corps' actions were proportionate to the resistance put up by the fighters.", "107. The criminal case opened on charges of abuse of power and manslaughter was closed for the absence of corpus delicti. 62 decisions to grant victim status were quashed by the same decision. The persons in question were to be informed of the possibility of seeking redress through civil proceedings.", "108. On 12 December 2002 Major-General Nedobitko appealed against the decision of 13 March 2002. He considered that it should have been closed on the ground that no crime had been committed. On 6 March 2003 the Bataysk Garrison Military Court rejected his appeal and upheld the decision of 13 March 2002.", "109. The applicant submitted an additional statement about the attack. She submitted that she witnessed the death of her son and of her three nieces, was wounded and saw her relatives wounded. They could not bury their dead in the village cemetery according to their traditions and were obliged to bury them in the cemetery of Achkhoy-Martan. Her house and all her property were destroyed. This caused her shock and irreparable moral suffering.", "110. The applicant submitted five additional testimonies by witnesses and victims about the attack on Katyr-Yurt. Witness A. testified that by the beginning of February 2000 the village was under the firm control of the federal forces and that there were about eight to ten thousand IDPs, because people thought there would be no fighting in Katyr-Yurt. There were military roadblocks around the village and a commandatura in its centre. The aviation strike at 9 a.m. on 4 February 2000 was totally unexpected. The witness tried to leave the village between 4 and 5 p.m. on 4 February, but the car he was travelling in was shot at from a helicopter and he and his relatives were wounded. He escaped on 5 February, having lost two relatives. On the road he saw many dead people and burnt cars. The road was covered with debris from destroyed houses. The road towards Achkhoy-Martan was filled with people trying to leave, and the soldiers would not allow anyone through, even the wounded. The witness received no assistance from the State. He stated that when he went to the head of the village administration to report the deaths of his relatives he saw a list with the names of 272 civilians who had been killed. Witnesses B., C. and D. gave evidence about heavy bombing on 4 and 5 February 2000, which involved aviation, helicopters, artillery and Grad multiple missile-launchers. They also testified about General Shamanov's arrival at the roadblock, when he allegedly ordered the soldiers not to let people out of the village. They cited his orders to “filter out” all men, but these orders were not enforced by the interior troops. They also testified about a Volga car with six refugees from Zakan-Yurt, which was destroyed on the road by a direct hit. Witness E., who left the village on 5 February 2000 for Achkhoy-Martan, spoke of the confusion and panic, repeated bombardment and crowds at the roadblock to Achkhoy-Martan. He described the situation as “every man for himself”. The witnesses were either not aware of a humanitarian corridor, or stated that they had heard something about it but that their exit was not in any way safe.", "111. The applicant submitted an extract from the book “Troops of the Ministry of the Interior: The Caucasus Cross-2” (Карпов Б.В. Внутренние войска: Кавказский Крест-2. - М.: Деловой экспресс, 2000. – 281 c.). The book contains an interview with Major-General Barsukov, Deputy Commander of the Ministry of the Interior Troops in the Northern Caucasus, who was among the commanders of the operation in Katyr-Yurt. His interview, contained in the book, includes the following passage on pp. 112-113:\n“Some of the bandits ... broke through our positions and reappeared in Lermontov-Yurt. We conducted a special operation there. But in planning and conducting this operation, we also blocked the nearby Shaami-Yurt. For two days we conducted a special operation there...\nTheir remaining forces were breaking through towards Katyr-Yurt. By that time it was also blocked. We let them enter Katyr-Yurt and conducted a special operation there with the forces of the 7th and the 12th special units. Again we met fierce resistance. The 7th unit sustained substantial casualties. We had to withdraw it... Again we used fire power – 'Grad', 'Uragan', 'Buratino'[5], artillery of the 47th regiment, cannons of the 46th regiment, mine-launchers. Fighter jets were also involved. But... the bandits broke through... and went towards the village of Gekhi-Chu...\nNear Gekhi-Chu we were able to draw conclusions from the operation started in Alkhan-Kala. Over 150 bandits were detained, 548 dead bodies were seized. The rest the Chechens buried hastily in Alkhan-Kala... A large number of bodies were dumped or buried in shallow graves. In Shaami-Yurt and Katyr-Yurt we did not even take the bodies out, we did not have the resources to do that. Usually, after we had left, police units together with the forces of the Ministry of Justice came in... In the army we simply don't have enough trucks to take out so many bodies... According to our estimates, and this is supported by interception of radio communications, during this 'death raid' in the 'valley of death' (these are their expressions) they lost in total over one and a half thousand men.”", "112. The applicant submitted a transcript of an interview from the RTR TV channel's programme “Zerkalo”, broadcast on 5 February 2000, where Major-General Vladimir Shamanov, the commander of the Western Zone Alignment in Chechnya, said:\n“Well, let's give some good news to the Russians. The Western Zone Alignment has been entrusted with participation in a big operation. It's called 'wolf hunt'. The idea of the plan was to create an illusion of an existing exit corridor from Grozny along the route used by Arbi Barayev's groups. In cooperation with the Federal Security Service and other bodies, one of the officers was given the task of contacting the fighters and for a large sum, we can now say about 100,000 US dollars, to promise a corridor. Honestly, we did not even expect that the bandits would swallow the bait, especially their leaders. Even less did we think there would be so many of them. The planned scheme of artillery fire combined with reactive obstacles showed not only how correct we had been, but also basically solved the Grozny problem. ... The operation is continuing. The Western Alignment has built a corridor, so that any step to the left or to the right equals execution. We are chasing them along this corridor, we already chased them to the second line, and in two or three days we will destroy them all.”", "113. The applicant submitted a report prepared by the NGO Human Rights Watch in April 2003, entitled “A Summary of Human Rights Watch Research on Attacks on Fleeing Civilians and Civilian Convoys during the War in Chechnya, Russia, between October 1999 and February 2000”. The submission, prepared for the European Court of Human Rights, is based on eyewitness testimonies collected by HRW researchers in Ingushetia between November 1999 and May 2000. The report described at least five independent incidents where civilians fleeing from fighting were attacked en route. The report stated that “the Russian forces appear to have deliberately bombed, shelled, or fired upon civilian convoys, causing significant civilian casualties. ... The frequency of the attacks on fleeing civilians left many civilians trapped in areas of active conflict, contributing indirectly to the high death toll of the conflict.”", "114. The report invoked provisions of international humanitarian law, namely Common Article 3 to the Geneva Conventions of 1949, as well as Article 13 (2) of Protocol II Additional to the Geneva Conventions of August 1949. The report submitted that “where aircraft make multiple attack passes over a civilian convoy, or convoys are subject to prolonged attack by ground troops, the most plausible inference is that such attacks are intentional and with the likely knowledge of the predominantly civil character of the convoy. Customary international law requires that any attacks discriminate between the civilians and military objects and that foreseeable injury to civilians be proportionate to the direct and concrete military advantage to be gained by the attack. ... Each of the incidents described below raises concerns that civilians may have been targeted intentionally or that the force used was not proportionate to the military advantage pursued...”", "115. The report describes the bombardment of Katyr-Yurt on 4-6 February 2000 as one of the examples of attacks on civilians escaping from fighting. Referring to information from humanitarian NGOs, the report estimates the population of Katyr-Yurt at the relevant time at about 25,000 people, including some 15,000 IDPs. Early on 4 February 2000 several thousand fighters, having escaped from Grozny, which is about 30 kilometres away, entered the village. A few hours later the strikes against the village began. Villagers' testimonies, collected by HRW, described the great difficulties they experienced in leaving the village and the numerous casualties sustained while people were hiding in cellars and shot at on the road." ]

[ 0 ]

[ "4. The applicant was born in 1937 and lives in Vienna.", "5. On 28 June 1976 the applicant filed a request with the Federal Chancellor (Bundeskanzler) to examine a product developed by him, namely “Ukrain”, a medicine for the treatment of cancer. The request was transmitted to the Ministry of Health and Environmental Protection (Bundesministerium für Gesundheit und Umweltschutz ).", "6. On 27 July 1981 the applicant requested the Minister for Health and Environmental Protection to authorise “Ukrain” under the Austrian pharmacopeia.", "7. By letter of 14 August 1981 the Minister informed the applicant that, under the relevant legislation which was in force at that time, he did not meet the conditions to request such an authorisation as he was not in possession of a licence to produce the medicament in question.", "8. On 29 August 1988 the applicant submitted a copy of his licence to produce “Ukrain” which had been issued on 15 May 1988.", "9. On 31 August 1988 the then competent authority, namely the Federal Chancellor’s Office (Bundeskanzleramt), ordered the Federal Institute for chemical and pharmacological examinations (FICP, Bundesanstalt für chemische und pharmazeutische Untersuchungen) and the Federal Institute for experimental pharmacological and balneological examinations (FICB, Bundesstaatliche Anstalt für experimentell- pharmakologische und balneologische Untersuchungen) to submit expert opinions.", "10. On 23 December 1988 the FICB submitted an expert opinion. It noted that the documentation submitted by the applicant suffered from severe shortcomings. On 26 January 1989 the applicant was informed about the expert opinion and invited him to make the necessary amendments to his request within twelve months.", "11. Between 1990 and 1995 the applicant submitted more documentation, which, however, was found to be insufficient in some twelve expert opinions issued by the FICB and the FICP.", "12. On 1 February 1995 the applicant lodged an application against the administration’s failure to decide (Säumnisbeschwerde) with the Administrative Court (Verwaltungsgerichtshof).", "13. On 13 February 1995 the Administrative Court ordered the Federal Minister to decide upon the applicant’s request, following which the then Federal Minister of Health and Consumer Protection (Bundesminister für Gesundheit und Konsumentenschutz) dismissed the applicant’s request for authorisation on 2 June 1995. He found that the applicant had failed to establish the necessary quality, effectiveness and harmlessness of “Ukrain”.", "14. On 13 July 1995 the applicant filed a complaint with the Administrative Court. He complained inter alia about shortcomings in the proceedings in that the Federal Minister had not duly taken account of his arguments.", "15. On 26 February 1996 the Administrative Court quashed the Federal Minister’s decision and remitted the case. It found that the Federal Minister had not given sufficient reasons for his decision and had not duly taken account of the applicant’s arguments.", "16. Meanwhile, in July 1995 the applicant had submitted new documents to the Federal Minister. He had, in particular, altered the indication as to the type of cancer against which “Ukrain” should be used.", "17. In two expert opinions of May and June 1996 the FICP and the FICB found that the documentation suffered from severe shortcomings and “Ukrain” should, therefore, not be authorised.", "18. On 29 August 1996, 24 October 1996, 16 May 1997 and 17 and 23 July 1997 the applicant submitted further documentation including two opinions of private experts.", "19. On 29 August 1997 the Federal Ministry appointed a further expert, E. who submitted his opinion on 25 November 1997. He found that “Ukrain” should not be authorised. On 8 January 1998 an expert opinion by the FICP came to the same conclusion.", "20. In May and June 1998 the applicant commented on these opinions and submitted a further private expert opinion. This documentation was found to be still insufficient in an expert opinion submitted by E. on 13 August 1998.", "21. After having discussed the matter with the Federal Ministry in April and May 1999, the applicant, on 12 May 1999 limited his request for authorisation of “Ukrain” to one particular type of cancer. In a meeting with an official of the Ministry on 19 May 1999 the applicant discussed a study scheme concerning a clinical test to be carried out in Moscow which, however, concerned another type of cancer than the one indicated in his request of 12 May 1999.", "22. On 24 February 2000 the applicant requested the Federal Minister to indicate which documents were still missing. On 17 July 2000 the Federal Minister complied with this request and ordered the applicant to file his submissions by 15 January 2001.", "23. Between 2000 and 2002 the applicant submitted more documentation, which, however, was found to be insufficient in nine expert opinions issued. During this time, namely on 3 August and on 7 December 2000, the applicant again altered the indications as to the types of cancer against which “Ukrain” should be used.", "24. On 5 March 2001, the applicant limited his request to authorise “Ukrain” as a medicament to be used exclusively where the usual treatment had failed.", "25. On 27 September 2001 the applicant lodged another application against the administration’s failure to decide (Säumnisbeschwerde) with the Administrative Court.", "26. On 18 February 2002 the Administrative Court dismissed the applicant’s request. It noted that according to the Pharmaceutical Act (Arzneimittelgesetz), a decision concerning a request for authorisation should be issued within two years after the request had been lodged. In the present case, the applicant had filed his amended request for authorisation on 5 March 2001. His complaint about the administration’s failure do decide was therefore premature.", "27. On 25 April 2002 the Minister for Social Security and Generations (Bundesminister für soziale Sicherheit und Generationen) dismissed the applicant’s request for authorisation.", "28. On 7 June 2002 the applicant lodged a complaint with the Administrative Court. He submitted inter alia that the proceedings suffered from shortcomings in that the Federal Minister had not sufficiently investigated the facts. On 25 June 2002 the Administrative Court commenced preliminary proceedings. On 2 September 2002 and on 13 December 2002 the parties submitted their respective submissions.", "29. The proceedings are currently pending before the Administrative Court." ]

[ 3 ]

[ "4. The applicant was born in 1970 and lives in Rostov-on-Don.", "5. In 2001 the applicant brought an action against the Ministry of Internal Affairs to claim damages in respect of an injury he had sustained during his military service in Chechnya.", "6. On 24 December 2001 the Sovetsky District Court of Rostov granted the applicant's claim. His award consisted of a lump-sum compensation of 80,112.26 roubles (RUR) and monthly payments of RUR 2,225.35, subject to future adjustment to a statutory rate. The judgment entered into force on 4 January 2002.", "7. On 29 March 2002 the execution order was submitted to the Ministry of Finance of the Russian Federation for payment.", "8. On 4 July 2003, after the case had been communicated to the Government, the applicant was paid the amounts due pursuant to the execution order." ]

[ 3, 9 ]

[ "8. The details concerning the date of birth and place of residence of the five applicants are contained in their application forms and are available in the respective case files.", "9. Each applicant failed to pay sums due in respect of either local taxes (community charge or council tax), or court-imposed fines. In respect of the failure to pay local taxes, the magistrates’ court had in each case determined that the applicant was liable to pay (issuing a “liability order”); in fines cases, the magistrates’ court had imposed the fine as the sentence following a criminal conviction.", "10. Each applicant fell into arrears with the payments due from them. These cases involve the enforcement proceedings in respect of their arrears in the magistrates’ court. Each applicant appeared before the court, following the issuing of an application for their committal to prison as a result of their failure to pay the sums due. At that hearing the magistrates found that the non-payment was due to the applicant’s wilful refusal or culpable neglect. As a result each applicant was sentenced to a period of imprisonment, suspended on terms that the applicant make periodic payments towards the outstanding sum. The applicants failed to comply with the terms imposed. A further hearing was thereafter held in the magistrates’ court at which the suspended term of imprisonment was activated. Each applicant spent a period of time in prison. Legal aid (free legal representation where the applicant did not have sufficient means to pay for it) was not available for these enforcement proceedings prior to 1 June 1997 and none of the applicants was legally represented at the hearings in front of the magistrates.", "11. Following their imprisonment, an application was made on behalf of each applicant, by way of either judicial review or case stated, which resulted in the High Court quashing the orders made by the magistrates. The applicants were released from prison on bail at the time of making their applications to the High Court. In all five cases the orders were quashed following the High Court’s approval of a consent order agreed between the applicants and the magistrates who had sentenced them.", "12. The Court has set out the relevant facts pertaining to each applicant in the table which appears at the end of the decision on admissibility (47675/99, McAndrew and Others v. the United Kingdom, decision of 21 October 2003). That table sets out the following information in respect of each applicant: their name and application number; whether their case involved non-payment of community charge (“CC”), council tax (“CT”) or fines (“F”) and the number of days which they spent in prison; whether their proceedings in the magistrates’ court took place before or after legal aid became available on 1 June 1997; and the grounds upon which the High Court quashed the orders of the magistrates. A summary of the terms of the consent order whereby the orders of the magistrates were quashed is also set out in the table.", "13. Throughout the text of this decision, where there is a reference to a specific applicant, the Court has set out the surname of the applicant followed by their application number in brackets. The words “justices” and “magistrates” are synonymous in domestic law.", "14. The Court sets out the facts of one case more fully below.\n Julie BEET (47676/99)", "15. The applicant’s proceedings before the magistrates arose in respect of her arrears in payment of the community charge and took place after 1 June 1997. She spent a total of 2 days in prison. The orders of the magistrates’ court were quashed by the High Court as a result of a consent order in which it was agreed that:\n“(i) The decision of the justices that the applicant had culpably neglected to pay her community charge without having conducted a proper inquiry into her circumstances as of the time that the liability became due was unlawful, see R. v. Leeds Justices ex parte Kennett [1996] RVR 53.\n(ii) The decision of the justices to issue a sentence of committal to prison and to make an order postponing the issue of the warrant that would have left the threat of imprisonment over her for over 4 years was unlawful having regard to the principles laid down in R. v. Oliver and Oliver [1989] 11 Cr App R(S) 10 and R. v. Ealing Justices ex parte Cloves [1991] RVR 169 and R. v. Newcastle upon Tyne Justices ex parte Devine [1998] RA 97.\n(iii) In view of the circumstances of the applicant and [her] detention, and the period of detention served, all parties agreed that the matter be remitted back to the magistrates and that the magistrates, upon reviewing the matter, agreed to remit the outstanding community charge arrears, see Brooke LJ in R. v. St Helens Justices ex parte Jones CO/3328/95.”\nIn respect of costs, it was further agreed that:\n“... in view of the fact that the Hull Justices had acknowledged the same ground in quashing the committal in R. v. Hull Justices ex parte Shawcross (CO/265/98) costs be borne by the respondent justices see R. v. Newcastle upon Tyne Justices ex parte Devine [1998] RA 97.”" ]

[ 2, 3 ]

[ "8. The applicant was born in 1952 and lives in Cricova, Chişinău.", "9. On 5 March 1997 he was arrested on a charge of complicity in an aggravated robbery. On 22 July 1997 the Buiucani District Court convicted the applicant of conspiracy to commit aggravated robbery and, as a dangerous recidivist, sentenced him to twelve years’ imprisonment, to be served in a labour camp with a severe regime. The applicant appealed against this decision.", "10. On 20 November 1997 the Chişinău Regional Court dismissed the appeal as unfounded and upheld the decision of the District Court. The applicant lodged an appeal in cassation against this decision. Following an oral hearing on 12 February 1998, the Appellate Court, in its final judgment, dismissed the appeal and upheld the decision of the Regional Court.", "11. The applicant lodged an application with the European Court on 28 April 1999. On 2 August 1999, he wrote to the Court, which had requested various documents from him, enclosing a request he had submitted on 16 July 1999 to the prison administration, seeking, inter alia, copies of the complaints he had sent to the Chişinău Public Prosecutor’s Office and the Prosecutor General’s Office and the replies they had sent him. At the top of his request someone had written:\n“To the special unit. For action. 17 July 1999”,\nand on the back of the document there was a list, hand-written, but not by him, of eleven complaints which he had addressed to various domestic authorities. The applicant also sent the Court a letter addressed to him on 20 April 1999 by the Moldovan mission of the OSCE. The letter bore a number of stamps, indicating that it had passed through various offices between 5 May and 25 June 1999. According to the applicant, it was delivered to him only on 1 July 1999.", "12. In his letter to the Court of 4 October 1999 the applicant explicitly complained that his letters had been opened by the prison administration, and asked the Court to order the Head of the prison’s Special Unit not to open letters addressed to him. The applicant returned to the Court a letter dated 2 September 1999 from the Court’s Registry, which now bore the stamp:\n“Entry no. 374, on 10 September 1999”,\ntogether with a hand-written note stating:\n“The special unit. Received on 10 September 1999”.\nThe applicant informed the Court that he had not received the letter until 22 September 1999.", "13. On 15 March 2001 the applicant returned to the Court its letter to whom, dated 9 February 2001, which had been stamped:\n“Entry no. 77, 22.02”.\nSomeone had also written on the letter:\n“The special unit. 22.02.2001”.", "14. In a letter dated 2 September 2001, the applicant complained that about 80 pages of documents sent to him by the Court had been handed to him by the prison administration in an open envelope.", "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:\n “We despatch the petition of the convicted prisoner Meriacre Victor Gheorghe detained in the institution OŞC 29/15 in Rîşcani district of Cricova city. Annexe 4 pages”.", "16. The applicant was released from prison on 11 November 2004, in accordance with a general amnesty enacted by Parliament." ]

[]

[ "9. Each applicant failed to pay sums due in respect of either local taxes (community charge, council tax or non-domestic rates) or court-imposed fines. In respect of the failure to pay local taxes, the magistrates’ court had in each case determined that the applicant was liable to pay (issuing a “liability order”); in fines cases, the magistrates’ court had imposed the fine as the sentence following a criminal conviction.", "10. Each applicant fell into arrears with the payments due from them. These cases involve the enforcement proceedings in respect of their arrears in the magistrates’ court. Each applicant appeared before the court, following the issuing of an application for their committal to prison as a result of their failure to pay the sums due. At that hearing the magistrates found that the non-payment was due to the applicant’s wilful refusal or culpable neglect. As a result each applicant was sentenced to a period of imprisonment. The sentence was either imposed immediately (G.M., 34341/96) or was suspended on terms that the applicant make periodic payments towards the outstanding sum. In the latter circumstances, when the applicant failed to comply with the terms imposed, a further hearing was held in the magistrates’ court at which the suspended term of imprisonment was activated. Each applicant spent a period of time in prison. Legal aid (free legal representation where the applicant did not have sufficient means to pay for it) was not available for these enforcement proceedings prior to 1 June 1997 and none of the applicants was legally represented at the hearings in front of the magistrates.", "11. Following their imprisonment, an application was made on behalf of each applicant, by way of either judicial review or case stated, which resulted in the High Court quashing the orders made by the magistrates. The majority of the applicants were released from prison on bail at the time of making their applications to the High Court. In three cases the orders of the magistrates were quashed in a judgment of the High Court. In the remaining cases the orders were quashed following the High Court’s approval of a consent order agreed between the applicants and the magistrates who had sentenced them.", "12. With one exception (Christison, 56429/00), the Court has set out the relevant facts pertaining to each applicant in the table which appears at the end of the decision on admissibility (Lloyd and Others v. the United Kingdom, no. 29798/96 and others, decision of 21 October 2003). That table sets out the following information in respect of each applicant: their name and application number; whether their case involved non-payment of community charge (“CC”), council tax (“CT”), non-domestic rates (“NDR”) or fines (“F”) and the number of days which they spent in prison; whether their proceedings in the magistrates’ court took place before or after legal aid became available on 1 June 1997; and the grounds upon which the High Court quashed the orders of the magistrates. Additional relevant factual information appears in this column of the table where appropriate.", "13. Where the orders of the magistrates were quashed following a judgment, the Court has indicated that fact in the table and quoted from the relevant part of the judgment. Where the orders of the magistrates were quashed by means of a consent order, the Court has set out the terms of the consent order in full. In such cases, where the terms agreed contain obvious mistakes or misquotations from domestic case-law, the Court has inserted corrections in square brackets. However, where it is not obvious what the relevant correction should be, the Court has simply left the order in its original form.", "14. Throughout the text of this judgment, where there is a reference to a specific applicant, the Court has set out the surname of the applicant followed by their application number in brackets. The words “justices” and “magistrates” are synonymous in domestic law.", "15. For reasons of space, the Court sets out the facts of the Christison (56429/00) application below.\nAllison CHRISTISON (56429/00)", "16. This applicant’s application for judicial review was determined by the judgment of Mr Justice Collins in R. v. Doncaster Justices ex parte Christison and Jack (13 May 1999). It is clear from that judgment that the applicant was summoned to court as a result of her failure to pay council tax. On 21 January 1998, the justices, having neither received any evidence about, nor asked any questions about, the financial outgoings of the applicant, found her to have culpably neglected to pay the council tax and made an order imposing 28 days’ imprisonment suspended on payment of 8 pounds sterling (GBP) per month.", "17. The applicant did not make the payments in compliance with the magistrates’ order of 21 January 1998. She was therefore summoned to appear on 1 June 1998 for the magistrates’ court to determine whether the warrant of committal should be issued. The justices were told by the prosecutor that the applicant had been served with the notice of the hearing three weeks prior to the hearing. They proceeded in her absence and issued the committal warrant. She spent a total of two days in prison.", "18. The order of 21 January 1998 was quashed by Mr Justice Collins on the following ground:\n“[N]o proper means enquiry was carried out ... The Justices accept that there was no proper means enquiry and, therefore, the order is going to be quashed. ...\n... Justices probably carry out means enquiries every day. They must know, and if they do not, their clerks should advise them, what ought to be asked and what information ought to be obtained. They failed to do that in [this] case.”", "19. The order of 1 June 1998 was quashed by Mr Justice Collins for the following reasons:\n“... Anyway, the applicant did not pay as she should have done and she also was summoned to appear on 1st June. ... [the bailiffs] had served three weeks or so before. Although the evidence of that has now been produced ... it is somewhat unsatisfactory because the bailiff’s handwritten note does not make it clear whom they actually served. I am prepared (because it does not make any difference to the outcome) to assume that she was served, and the Justices again were told, although no evidence was produced, that bailiffs has served her some three weeks before ...\nThe time has come to try to make it abundantly clear to Justices that, in the view of this court, it is difficult to conceive that there will be circumstances which justify the making of a committal order when the defendant fails to appear before the court. It means that the Justices are unable to ascertain whether there are, in truth, reasons why payment has not been made which might excuse such payment, and furthermore, reasons why in an individual case it would be wrong to send the person immediately to prison. Alternatively, it might be proper to reduce the period of imprisonment that is considered appropriate, if any is considered appropriate. It may transpire that by the time that the question of implementing the suspended committal order is considered, the circumstances of the defendant have changed. Whereas before she might have been able to pay perhaps, through illness or whatever reason, by now she cannot. Thus, it would be wrong to commit her. Committal, I must re-emphasise, can only occur if the Justices are satisfied that there is a continuing wilful refusal or culpable neglect.\nThe Justices have a perfectly sensible and powerful weapon available to them to deal with cases where a defendant does not attend, and that is a Warrant Not Backed for Bail. That is the means by which a person can be brought before the court and made to explain why he or she has not paid. Then the Justices will have the proper information before them to enable them to decide whether the committal is indeed correct. I cannot emphasise strongly enough my view that Justices should not, unless there are very exceptional circumstances (such as positive evidence that a defendant is refusing to attend and has expressed an unwillingness to comply with the court order) commit to prison in the absence of a defendant. ...\nIt is true that in these cases, the Justices were told that service had been effected, but service some three weeks before is nothing to the point. Much can happen in that time ... Furthermore, there was no evidence put before the Justices to support the contention that service had been effected, and for my part I do not think it right, when someone’s liberty is at stake, for Justices to rely upon the word of the prosecutor unsupported by any evidence.\nA civil court which commits for contempt, which may be contempt occasioned by failure to comply with a court order, requires proof of service and that is usually done by a bailiff or whoever, indicating that service has been effected. It seems to me that it is quite wrong that Justices should put up with a lesser standard than that.”", "20. Mr Justice Collins also awarded costs against the justices on the following basis:\n“It is unusual for costs to be awarded against Justices who do not attend applications against them for judicial review. The principle which is applied has recently been referred to by Latham J in R. v. Newcastle-upon-Tyne Justices ex parte Devine (1998) RA 97. At page 104 of the report, the learned judge refers to a decision of the Divisional Court, R. v. York City Justices ex parte Farmery 153 JP 257, the head note of which reads:\n‘... the court would be guided by the principles set out in R. v. Willesden Justices, ex parte Roberts (1960) 124 JP 336 wherein it was decided respectively: (i) that costs would only be awarded against Justices in the rarest of circumstances when they have done something which calls for strong disapproval; and (ii) that it was the practice not to grant costs against Justices merely because they have made a mistake in law, but only if they have acted perversely or with some disregard for the elementary principles which every court ought to obey, and even then only if it was a flagrant instance.’ ...\n... In [this] case the committal took place in the absence of the defendant.\nThis court has made it clear that Justices must be satisfied, at the very least, that there has been proper service, and, as I have said, I find it very difficult to conceive of circumstances which would justify a committal in the absence of a defendant. Thus it seems to me that the conduct of these Justices can properly be said to fall within the description that I have set out and which is referred to in the Newcastle case by Latham J.”" ]

[ 2, 3 ]

[ "8. The applicants are relatives of sailors who lost their lives in a shipwreck.", "9. On 14 January 1993 the vessel Jan Heweliusz sank in the Baltic Sea. It belonged to the company Polskie Linie Oceaniczne, whose registered office is in Gdynia, and was operated by the company Euroafrica, with its registered office in Szczecin. Of the 35 passengers and 29 crew members on board, 55 died in the shipwreck and 9 survived.", "10. Several commissions of inquiry were set up to establish the cause of the shipwreck.\nThe commission set up by the Prime Minister suspended its inquiry in March 1993 without producing a report.\nThe commission set up by the Ministry of Transport and Maritime Affairs submitted a report in April 1993 in which it found that the shipwreck had been due to force majeure.\nThe special commission set up within the National Labour Inspectorate concluded in May 1993 that the owner of the vessel and the crew were jointly responsible.", "11. The Maritime Chamber attached to the Szczecin Regional Court (Izba Morska przy Sądzie Wojewódzkim) instituted proceedings seeking to establish the cause of the shipwreck. The relatives of the crew members who had died took part in the proceedings.", "12. On 11 January 1994 the Maritime Chamber delivered its decision, attributing liability to the ship's captain, its technical team, the Polish Shipping Registry, which had inspected the vessel before the disaster, and the Polish rescue services.", "13. On 18 November 1994 the Maritime Appeals Chamber of the Gdańsk Regional Court (Odwoławcza Izba Morska przy Sądzie Wojewódzkim), sitting in Gdynia, set aside the decision of 11 January 1994 and referred the case to the Maritime Chamber for a fresh examination.", "14. The Gdańsk Maritime Chamber, sitting in Gdynia, examined the case between 20 March 1995 and 9 February 1996. On 23 February 1996 it gave a decision in which it held that the crew had been partly liable, that the vessel's operator had been at fault for failing to undertake the necessary repair work, and that the natural elements had also played a part.", "15. The operator, the ship's owner, the representative of the Ministry of Transport and Maritime Affairs and the other parties to the proceedings appealed. In a decision delivered on 26 January 1999 and served on the parties on 19 November 1999, the Gdańsk Maritime Appeals Chamber partly upheld the finding of liability with regard to the operator. It also upheld the finding that certain acts of negligence on the part of the crew, in particular the captain and the chief officer, had contributed to the disaster, as had the fact that the rescue operation had not been properly coordinated.\nThe relevant passages of the decision read as follows:\n \npage 2\n“The most likely cause of the capsize of the car and train ferry the Jan Heweliusz and of the death by drowning and hypothermia of 27 passengers and 18 crew members and the disappearance of 8 passengers and 2 crew members was:\n...\n the fact that the ferry turned into the wind while unevenly ballasted (towards the port side), resulting in the shifting of the ballast towards the port side; violent gusts of wind on that side; the shifting of the vehicles' loads and the vehicles themselves to the port side; the discharge of bilge water to the outside on the port side of the ferry.”\npage 4\n“The Jan Heweliusz left the port of Świnoujście at 11.35 p.m. on 13 January 1993, bound for the port of Ystad, in an unseaworthy condition, as the safety requirements were not met in the following respects: 3. the securing of the vehicles to the deck in accordance with maritime best practice.”\npage 6\n“Irregularities have been found in the conduct of: 1. the operator of the Jan Heweiusz, Euroafrica Shipping Lines, a limited liability company based in Szczecin, which allowed the ferry to be operated while in an unseaworthy condition owing to the damage sustained to the door on 10 January 1993 in Ystad, following which its class had been suspended and the safety certificate had ceased to be valid, in that it\n(a) omitted to declare the ferry to the Szczecin Maritime Bureau for an interim inspection and to the Polish Shipping Registry for immediate inspection;\n(b) failed to take the agreed action to repair the rear door in the proper manner; 2. the captain of the above-mentioned ferry, a Master Mariner ... who, on 13 January 1993, left the port of Świnoujście, bound for the port of Ystad, while the ferry was in an unseaworthy condition, in that he\n(a) omitted to declare the ferry to the Consulate in Malmö and later to the Szczecin Maritime Bureau for an interim inspection following the damage sustained to the rear door on 10 January 1993 in Ystad, the suspension of class after the accident and the cessation of validity of the ship's safety certificate;\n(b) allowed the vessel to depart without the vehicles being secured to the deck, in spite of the gale warning that had been issued; 3. the chief officer, a Master Mariner ... who, on 13 January 1993, before the ferry left the port of Świnoujście bound for Ystad, and despite the issuing of a gale warning, did not supervise the securing of the vehicles to the deck before the ferry left port.”\npage 8\n“The lack of effectiveness of the rescue operation was the result of\n... 4. the inadequate training of the crew in the use of the life-saving equipment.”\npage 109\n“ ... In the Chamber's view, the evidence cited demonstrates that\n...\n(ii) the cargo was not secured before the vessel left dock despite the gale warning issued by the meteorological office...”\npages 129-30\n“... The causes of the vessel's having turned into the wind can only be established with a high degree of probability; the possibility that the persons steering the ferry failed to observe the rules cannot be discounted ...”\npage 162\n“... The rescue operation revealed that, in a situation of the utmost danger, some members of the crew did not know how to use the lifejackets ...”" ]

[ 3 ]

[ "4. The applicants were born in 1973, 1965 and 1960 respectively. The first and second applicants live in Ankara and the third applicant lives in Trabzon.", "5. The applicants were employed by the Culture and Education Department of the Sincan District Council in Ankara and were involved in the organisation of public activities and events during religious and national days. Upon the instructions of the mayor and the deputy mayor, the applicants organised on 31 January 1997 a special night called the “Jerusalem Night” during the month of Ramadan. The event was announced months in advance and representatives of the security forces and several important personalities living in the district were invited. The hall was decorated with posters of martyrs who had given their lives for the liberation of Jerusalem. The applicants also organised a five-minute play for the evening. The second applicant cleaned the hall, set up and maintained the sound system and welcomed the guests. The play, which was written by the first and third applicants, took the form of a conversation between a father and his son about life in Palestine and the struggle of the Palestinian people. The first applicant played the role of the father in the play. The mayor of Sincan and the Ambassador to Iran made speeches before the play began.", "6. The second and third applicants were taken into police custody on 5 February 1997 and the first applicant on 6 February 1997. They were accused of disseminating propaganda in support of an armed, illegal organisation, namely the Hezbollah. During their police interrogations, the applicants denied the charges against them.", "7. On 13 February 1997 the applicants were brought before the public prosecutor. During their questioning, they repeated the statements they had made at the police station.", "8. On the same day the applicants were brought before the investigating judge attached to the Ankara State Security Court, where they made similar statements. Subsequently, the investigating judge ordered that the applicants be remanded in custody.", "9. In an indictment dated 7 March 1997, the public prosecutor attached to the Ankara State Security Court initiated criminal proceedings against the applicants. It was alleged that they had disseminated propaganda in support of an armed, illegal organisation. The prosecution therefore called for the applicants to be sentenced pursuant to Article 169 of the Criminal Code and Article 5 of the Anti-Terrorism Law.", "10. On 15 October 1997 the Ankara State Security Court, which was composed of three judges including a military judge, found that the applicants had aided and abetted a terrorist organisation by engaging in propaganda in support thereof. It found the applicants guilty as charged, sentenced them to three years and nine months’ imprisonment and debarred them from public service for three years.", "11. On 21 September 1998 the Court of Cassation upheld the decision of the Ankara State Security Court." ]

[ 3 ]

[ "4. The applicant, who was born in 1959, lives in Ankara.", "5. The applicant was the Deputy Mayor of the Sincan District in Ankara at the time of the events. In his capacity as the deputy mayor, he was responsible for the activities of the Culture and Education Department of the Sincan District Council. In January 1997, the Culture and Education Department prepared a thirty-day programme for the month of Ramadan. The draft programme was submitted to the applicant for his approval. After consulting the mayor, the applicant authorised the organising committee to begin the necessary preparations.", "6. One of the events foreseen for 31 January 1997 was called the “Jerusalem Night”. This event was announced months in advance and representatives of several embassies as well as several important personalities living in the district were invited. The hall was decorated with posters of martyrs who had given their lives for the liberation of Jerusalem. A five-minute play was also written for the evening. The play took the form of a conversation between a father and his son about life in Palestine and the struggle of the Palestinian people. The mayor of Sincan and the Ambassador to Iran made speeches before the play began.", "7. On 6 February 1997 the applicant was taken into police custody. He was accused of having disseminated propaganda in support of an armed, illegal organisation, namely the Hezbollah.", "8. In his statement at the police station, the applicant denied being involved in any illegal organisation.", "9. On 13 February 1997 the applicant was brought before the public prosecutor. During his questioning, he repeated the statements he had made at the police station.", "10. On the same day the applicant was brought before the investigating judge attached to the Ankara State Security Court and was remanded in custody.", "11. In an indictment dated 7 March 1997, the public prosecutor attached to the Ankara State Security Court initiated criminal proceedings against the applicant. It was alleged that he had disseminated propaganda in support of an armed, illegal organisation. The prosecution therefore called for the applicant to be sentenced pursuant to Article 169 of the Turkish Criminal Code and Article 5 of the Prevention of Terrorism Act.", "12. On 15 October 1997 the Ankara State Security Court, which was composed of three judges including a military judge, concluded that the applicant had aided and abetted a terrorist organisation by engaging in propaganda in support thereof. It found the applicant guilty as charged, sentenced him to three years and nine months’ imprisonment and debarred him from public service for three years.", "13. The applicant appealed to the Court of Cassation. The Chief Public Prosecutor at the Court of Cassation submitted his written opinion on the merits of the appeal. The opinion was not notified to the applicant, but was read out during the hearing before the Court of Cassation.", "14. On 21 September 1998 the Court of Cassation dismissed the applicant’s appeal, upholding the Ankara State Security Court’s assessment of the evidence and its reasons for rejecting the applicant’s defence.", "15. On 7 December 1998 the chief public prosecutor attached to the Court of Cassation rejected the applicant’s request for rectification." ]

[ 3 ]

[ "4. The applicant, who was born in 1964, resides in Istanbul.", "5. On 31 January 1997 the applicant made a speech about the liberation movement in Palestine and praised the Muslim leaders who worked for the liberation of Jerusalem during a meeting which was organised by the Sincan District Council in Ankara.", "6. On 6 February 1997 the applicant was taken into police custody. In his statement, he explained that he supported the Iranian regime and that he longed for a regime that was based on the Koran.", "7. On 13 February 1997 the applicant was questioned by the public prosecutor attached to the Ankara State Security Court. During his questioning by the prosecutor, the applicant repeated his police statement. On the same day the applicant was brought before the investigating judge attached to the Ankara State Security Court and he was subsequently placed in detention on remand.", "8. In an indictment dated 7 March 1997, the Ankara State Security Court public prosecutor initiated criminal proceedings against the applicant.", "9. Before the Ankara State Security Court, which was composed of three judges including a military judge, the applicant contested the charges against him.", "10. On 15 October 1997 the Ankara State Security Court convicted the applicant of being a member of an illegal organisation and sentenced him to seventeen years and six months’ imprisonment pursuant to Article 168 of the Criminal Code.", "11. On 6 January 1998 the applicant appealed to the Court of Cassation. The Chief Public Prosecutor at the Court of Cassation submitted his written opinion on the merits of the appeal. The opinion was not notified to the applicant, but was read out during the hearing before the Court of Cassation.", "12. On 21 September 1998 the Court of Cassation dismissed the applicant’s appeal, upholding the Ankara State Security Court’s assessment of evidence and its reasons for rejecting the applicant’s defence.", "13. On 24 December 1998 the Chief Public Prosecutor attached to the Court of Cassation rejected the applicant’s request for rectification." ]

[ 3 ]

[ "4. The first applicant, Mr Fethi Gümüş, is a Turkish citizen, born in 1947 and living in Diyarbakır. He is a lawyer practising in Diyarbakır. The second applicant, Mr Ali Öncü, is a Turkish citizen, born in 1960 and living in Diyarbakır. He is a member of the TESİŞ Workers’ Union (TESİŞ Sendikası). The third applicant, Ms Sevtap Yokuş, is a Turkish citizen, born in 1966 and living in Kocaeli. She is a lecturer at the Law Faculty of Kocaeli University. The fourth applicant, Mr Sabahattin Acar, is a Turkish citizen, born in 1964 and living in Diyarbakır. He is a lawyer practising in Diyarbakır. The fifth applicant, Mr Vezir Perişan, is a Turkish citizen, born in 1951 and living in Diyarbakır. He is a member of the Municipal Workers’ Union (Belediye-İş Sendikası).", "5. The edition dated 24 March 1992 of the newspaper “Diyarbakır Söz” and the edition dated 25 March 1992 of the newspaper “Felak” carried a press statement drafted by a delegation which included the applicants, two former Turkish parliamentarians, Leyla Zana and Hatip Dicle, and twenty representatives of various political parties and democratic public organisations.\nThe press statement which appeared in the newspapers read as follows:\n“The Kurdish nation has enhanced its honourable struggle for its claim to the right to a humane existence. The State, which is a party to the problem, has suddenly carried its war mechanism to the region so as to suppress this legitimate struggle by violence.\nThe 21st March, the day of the Nevroz festival, was declared to the press as the official starting date of the large-scale operation by the President, the Chief of Staff and the Under Secretary of the National Intelligence Service. The covert war in Şırnak, Cizre and Nusaybin came to light with the images of tanks, armoured carriers and helicopters shown on television. After the mountains, which have been under bombardment since January, it is now the civilian population which is being bombed.\nThe civilians who celebrated Nevroz in Cizre, Nusaybin, Şırnak and other places where incidents occurred, did not attack or open fire on security forces. That no members of security forces had been killed by gunfire during the Nevroz celebrations was confirmed by official declarations.\nFor the time being, the consequences of the war are 53 dead, hundreds of wounded, dozens of disappeared persons, thousands of detentions, burials in collective graves reminiscent of genocide and bombed, destroyed and burnt-down houses.\nThe security forces lack humane and judicial values. During the incidents, the transport of the injured was hindered, the vehicles carrying injured people were fired on, the health professionals and the relatives of the wounded who tried to help were threatened. Journalists, who tried to observe the incidents, were not allowed to enter the settlement units. They were also threatened, harassed and killed.\nThe Government cannot control the State. Laws are not respected in the region. The Laws on War to which the State is a party do not apply to this war. The conditions for the application of the 1949 Geneva Conventions exist. We invite the parties to this war to conform to the provisions of the Geneva Conventions.\nWe invite the public not to be onlookers to the massacre but to act in solidarity with the Kurdish People who are exposed to massacre and whose rights are violated.”", "6. On 19 June 1992 the public prosecutor at the Diyarbakır State Security Court initiated criminal proceedings against the applicants and sixteen other individuals who had signed the press statement. Citing the text of the press statement, the public prosecutor charged them with incitement to hatred and hostility by making distinctions between persons on the basis of ethnic origin. The public prosecutor requested the Diyarbakır State Security Court to apply Articles 312 §§ 2 and 3 of the Criminal Code and Article 5 of the Prevention of Terrorism Act 1991.", "7. The public prosecutor submitted his observations during the proceedings and requested the court to sever the case of Mr Hüseyin Turhallı from the others, to acquit N.Y., T.K. and S.K., and to apply Article 312 § 2 and Article 5 of the Prevention of Terrorism Act 1991 to the remaining accused persons.", "8. In the proceedings before the Diyarbakır State Security Court, the applicants and the other co-accused did not deny that they had drafted the press statement. However, they claimed that the statement was not the same in content as the one which had been published in the newspapers and which formed the basis of the charges against them. They submitted that the public prosecutor had relied on another press statement drafted by the parliamentarians, Mr Hatip Dicle and Mrs Leyla Zana. They also maintained that their press statement had not been included in the case file and, accordingly, they could not be convicted on the basis of the content of their own press statement.", "9. On 20 February 1995 the State Security Court, composed of three judges including a military judge, accepted the applicants’ defence as well as that of their co-accused. They were all acquitted of the charges.", "10. On 21 February 1995 the public prosecutor appealed to the Court of Cassation which, on 19 May 1995, upheld the acquittal of N.Y., T.K. and S.K., but quashed the acquittal of the applicants and other co-accused. The case was remitted to the Diyarbakır State Security Court.", "11. On 24 February 1997 the Diyarbakır State Security Court convicted the applicants and seven of their co-accused of incitement to hatred on the basis of a distinction between regions under Article 312 of the Criminal Code. The court first sentenced them to one year and eight months’ imprisonment and a fine of TRL 100,000. The court noted that the press statement in question was a summary of the declaration which the accused had drafted. However, having regard to the fact that the applicants and their co-accused had no previous convictions and to their good conduct during the trial, the court suspended their sentences.", "12. The applicants and their co-accused appealed against their conviction. On 8 October 1997 the Court of Cassation dismissed their appeal. It upheld the Diyarbakır State Security Court’s assessment of the evidence and its reasons for dismissing the applicants’ defence." ]

[ 6, 3 ]

[ "8. The application is brought on behalf of Michael Fitzgerald, a deceased British national, by his sister, Theresa Bubbins, who lives in Bedford, England.", "9. The facts of the case, as submitted by the parties, may be summarised as follows.", "10. On 26 February 1998, the applicant's brother, Michael Fitzgerald, was shot dead by an armed police officer at his flat in Clarendon Street, Bedford, following a siege.", "11. At about 6.25 p.m. on 26 February 1998 Melanie Joy, Michael Fitzgerald's girlfriend, drove to Michael Fitzgerald's flat. As she entered the rear car park she saw a pair of legs disappearing through the ground floor kitchen window of the premises. Melanie Joy did not recognise the person entering the flat and assumed that the person, who was male, was an unauthorised intruder.", "12. Melanie Joy was concerned for the safety of Michael Fitzgerald and, although she did not know whether or not he was in the flat, she shouted his name through the letterbox on the front door of the premises. She obtained no response.", "13. At about 6.28 p.m. Melanie Joy used her mobile telephone to report to the police a burglary in progress. The police gave this report an 'immediate response' within the criteria fixed by the Bedfordshire Police.", "14. The first police officers to arrive at the scene were Acting Sergeant Phillips and Acting Sergeant Morris. They arrived at 6.33 p.m.", "15. Acting Sergeant Phillips went to the kitchen window at the rear of the premises. The window was open. Acting Sergeant Phillips was able to move the venetian blinds and identified himself as a police officer. He was confronted by a man from within the shadows of the room. Acting Sergeant Phillips thought the man to be a few inches shorter than his own height of 6' 1”. The man, who was in fact Michael Fitzgerald, adopted a double-handed extended arm stance, and pointed what appeared to be a handgun at the officer.", "16. Acting Sergeant Phillips, fearful for his safety, shouted to his colleague, Acting Sergeant Morris: “He's just pointed a gun at me, get back.”", "17. The two police officers and Melanie Joy then withdrew to what they believed to be a safe distance from the premises and Acting Sergeant Phillips summoned assistance, including Armed Response Vehicles (“ARV”). This request was timed at 6.34 p.m.", "18. During the course of the incident which followed, radio traffic was monitored within the Bedfordshire Police Force Incident Room (“FIR”).", "19. The FIR log indicates that at 6.38 p.m., Acting Sergeant Morris transmitted the following message:\n“Michael Fitzgerald according to his ex that lives at this location knows him to have a replica firearm. She's not aware of him having a firearm itself but he does have a drink problem.”", "20. Within a short time, other police officers arrived at the premises. Police Constables Evans and Newton, both unarmed, positioned themselves behind the rear wall of the rear garden. They both reported seeing a man in the kitchen pointing a gun at them.", "21. At 6.40 p.m. Inspector Linda Kelly arrived and took front line charge of the situation.", "22. Radio communication between Police Constable Evans and Acting Sergeant Phillips on 'talk-through' mode, so that the FIR would hear, conveyed the wrong impression that the premises in question were confined to the ground floor. There was in fact an upper floor. This erroneous impression prevailed until it was corrected as a result of information provided by Melanie Joy at 7.09 p.m.", "23. In 1998, Bedfordshire Police Force had two nominated ARVs on duty at all times. In order to provide maximum cover, they were deployed to the north and south of the county. Their primary role was to contain spontaneous firearm situations until the arrival of tactical firearms personnel.", "24. At about 6.42 p.m. the North ARV, containing Officer C and Officer B, arrived at the scene. They were briefed on the incident by Inspector Kelly and Acting Sergeant Phillips. By the time the North ARV arrived, an unarmed outer containment of the premises had been put in place. Officer B asked Inspector Kelly to close the road to vehicular and pedestrian traffic. The South ARV was still on its way to the scene.", "25. As the two ARV officers were discussing the incident at the front of the premises, the front door opened and the occupant appeared in the doorway.", "26. In accordance with his training, Officer B shouted: “Armed Police. Drop the gun and go back into the house.”", "27. The occupant raised his hand which appeared to contain a handgun and, almost immediately, went back into the flat. Seconds later he again appeared at the doorway and raised the gun. Officer B issued the same instruction. The occupant appeared to take no notice of the command to drop the handgun and returned to the inside of the flat.", "28. At about 6.51 p.m. the armed officers decided that the only way to contain the building, and also to provide armed support to their unarmed colleagues, was to deploy one of them at the front of the premises and the other at the rear. Officer B positioned himself behind the high brick wall at the rear car park and erected a makeshift platform on which to stand and observe the rear of the premises. This platform was later replaced by a police car. Officer B was about 25 yards from the premises.", "29. Officer C positioned himself at the front of the building. Both officers were armed with Steyn AUG .223 calibre carbines. Officer B saw the occupant enter the kitchen, raise his gun and point it towards him. Officer B shouted: “You're surrounded by armed police, leave the gun inside and come out slowly.” The occupant left the kitchen and Officer C, at the front of the premises, issued a similar command. These commands, which were repeated at intervals throughout the incident, had no apparent effect.", "30. At about 7.01 p.m. the South ARV arrived at the scene. It contained Officers D and A. Officer D joined Officer B at the rear of the premises. Officer A joined Officer C at the front of the premises.", "31. Following the arrival of Officer D, Officer B reviewed his position and decided that he was not ideally placed to deal with the occupant should he decide to leave the premises. Officer B decided that it would be better to take up a position behind two cars parked in the courtyard car park on the other side (the premises/courtyard side) of the rear wall. According to the applicant, Officers B and D did not consult the senior officers present on their decision to forsake their protected position behind the wall and move to the courtyard side.", "32. Both Officers B and D moved to a position behind the two vehicles, situated within a few feet of the rear wall. This was at about 7.05 p.m.", "33. They were joined by Police Constable Cattanach, a police dog handler, to add the further tactical option of using a police dog should the occupant attempt to escape. Police Constable Cattanach arrived at about 7.17 p.m.", "34. The police traffic department provided flood lighting on an extended mast powered by a generator. This lighting considerably enhanced the vision of the police officers in the rear car park.", "35. At intervals, the occupant pointed his gun out of the rear kitchen window at the officers at the rear of the premises. Officers B and D repeatedly issued instructions for him to put down his gun and come out from the premises.", "36. With the siege of the premises continuing, attempts were made to trace Michael Fitzgerald. Acting on information provided by Melanie Joy, two detective officers, Detective Constable Ellson and Detective Constable Route, visited local public houses.", "37. A photograph of Michael Fitzgerald was obtained from the file relating to a previous court appearance following his arrest in September 1997 for a drink-driving offence. This photograph was provided to the officers who visited the local public houses.", "38. Investigations into Michael Fitzgerald's whereabouts led to the police officers at the scene being told, erroneously, that Michael Fitzgerald was 5'8” tall. He was in fact 5'11”. This information was derived from the details in the case file concerning his arrest in September 1997.", "39. With the safety of the public in mind, officers maintained a cordon around the premises and arranged for the evacuation of children, whose parents were arriving to meet them, from a nearby school swimming pool. Occupants of other houses were instructed to remain within their homes.", "40. Shortly after the arrival of Police Constables Evans and Newton, Melanie Joy was approached by Kate Bellamy, a neighbour of Michael Fitzgerald, who was in the company of another neighbour, Amanda Parkin. Melanie Joy went with the two women to Amanda Parkin's flat a safe distance away. The three women, for reasons of safety, were later taken by police transport to Greyfriars Police Station in Bedford. They arrived there at about 8 p.m.", "41. At 7.02 p.m. Inspector Kelly requested a negotiator to attend the premises.", "42. At about 7.09 p.m. the officers at the rear of the premises queried whether the flat premises in fact extended to the first floor. Acting Police Sergeant Morris obtained information from Melanie Joy that the flat did extend over two floors: the ground floor and the first floor.", "43. At about 7.30 p.m., Officer A, at the front of the premises, was in communication with the FIR operator and said:\n“Can you put on the incident scene log that he's still coming to the front door and he is brandishing a handgun. He is not opening the door but he is making sure that it's pointed towards us through the glass ... ”", "44. Within minutes a similar report was made by Acting Police Sergeant Phillips, who was positioned at the rear of the premises:\n“... he's peering round the door we think heads into the kitchen and he's just pointed the gun out towards the officers now – over.”", "45. At about 7.45 p.m. Superintendent Battle, the Deputy Divisional Commander at Greyfriars Police Station, Bedford, arrived on the scene. He was a member of the cadre of police officers in Bedfordshire trained to deal with firearms incidents. He was briefed by Inspector Kelly and assumed the role of Incident Commander. According to the applicant, Inspector Kelly informed Superintendent Battle that there was a suggestion that the man in the premises might be Michael Fitzgerald who owned imitation firearms, although this could not be confirmed.", "46. At about 8.01 p.m. Police Constable Wright arrived at the scene. He was the Tactical Firearms Adviser (a functionary required on all police firearms operations). Both Superintendent Battle and Police Constable Wright reviewed the plan adopted by the ARV teams, and their deployments, and were satisfied with the decisions taken.", "47. Following his arrival Superintendent Battle telephoned the flat on his mobile telephone to establish that the telephone inside was working and that the number obtained did indeed relate to the premises: he thought such information would be of benefit to negotiators when they arrived at the scene. This took place at about 8.15 p.m.", "48. At first Superintendent Battle obtained the answer machine. The second time the occupant answered. Superintendent Battle (who, according to the Government, had considerable knowledge of the principles of negotiations) said: “I'm Steve. I'm a police officer.” He told the occupant that the house was surrounded by armed officers and requested that he should not go to the window or doors with a weapon, but that he should put the weapon down.", "49. During the course of this telephone call Superintendent Battle asked the man his name and received the answer “Mick”. Superintendent Battle formed the impression that the man was drunk. Despite efforts to engage him in further conversation, the man put the telephone receiver down and the call was concluded.", "50. The Government informed the Court in a letter of 9 September 2002 that when the occupant identified himself to Superintendent Battle as “Mick”, this information was relayed over the police radio and the officers at the scene used this name in their various challenges to the deceased. The applicant's legal representative, on receipt of this information, noted in the applicant's observations that this “fresh information” had not been disclosed to them at the time of the inquest.", "51. During the incident (but unknown to the police) two other telephone calls were made to the premises. The first was made by John Fitzgerald, Michael Fitzgerald's brother. The second, at about 7.35 p.m., was made by Sean Murray, a friend of Michael Fitzgerald.", "52. Neither John Fitzgerald nor Sean Murray reported their telephone conversations with Michael Fitzgerald to the police, even though it was clear from the conversations that Michael Fitzgerald realised that he was surrounded by police. According to Sean Murray, Michael Fitzgerald sounded tired and said: “I think they are going to storm the house.” The telephone then went dead.", "53. Inspector Kelly was of the opinion that the incident was likely to become protracted and shortly after 8 p.m. she gave instructions over the radio for night duty personnel to be called out and requested a log to be brought to the scene.", "54. At about 8.15 p.m. a message was received by FIR from Detective Constable Ellson, who had obtained information to the effect that at about 6.40 p.m. Michael Fitzgerald had been in the Blarney Stone public house. It was reported that he had been very drunk, wearing blue jeans, a grey shirt and no coat. This information was passed on to Inspector Kelly by the Information Room Staff, but in doing so they transmitted the time of the sighting as 6.30 p.m. This information reinforced the belief that the person within the premises was not Michael Fitzgerald since Melanie Joy had called the police at about 6.28 p.m.", "55. At about 8.19 p.m. the occupant of the flat moved from the ground floor to the rear first floor bedroom. He opened the casement window and pointed his gun from just over the windowsill in the direction of Officer D, who was at the rear of the premises behind a vehicle. Both Officers D and B became very concerned by this development. The occupant pushed his handgun through the open window and then withdrew it after shouts from the officers.", "56. Within seconds of this first incident the occupant reappeared at the window, but this time stood up in full view of the officers. He was naked from the waist up.", "57. The occupant adopted a two-handed stance through the open window with his arms outstretched. He was holding what appeared to be a gun. He aimed the gun at the officers at the rear of the premises. Police Constable Cattanach thought that he was going to be shot and dived to the ground. In his statement made after the event, he stated:\n“...the man held his arms and pistol in front of him and as he deliberately brought the gun up to his eyes (...) I looked and could see that I was looking down the bore of the barrel his eyes were on the sights and he appeared to be pointing the weapon directly at me. I instinctively ducked as I was convinced the man was aiming directly at me and I was convinced I was going to be shot.”", "58. Officer B observed through his gun sight that the barrel of the handgun appeared to be pointing directly at him. He was afraid for his own safety and shouted: “Armed police. Drop the gun or you will be shot.”", "59. The occupant remained in his threatening stance. Officer B then squeezed the trigger of his carbine and fired one shot which hit the occupant in the chest.", "60. Officer B was interviewed on 3 March 1998 at Bedfordshire Police Headquarters. He said:\n“And he aims the gun, looking through the scope, I see the barrel of the gun and he's, the best way I can describe it, just like a police target, the same we are taught to shoot, he's got a solid base, he's got both hands on the gun, it's in front of his eyes, I can see the barrel of the gun, through my scope, and I can see the barrel lined up with him and it was aimed straight down my gun sight. Erm, and I say to be honest it frightened me to death (...) I shouted 'ARMED POLICE DROP THE GUN OR YOU WILL BE SHOT' I shouted that very loudly and clearly at him. Erm he just continued staying in the same position, rock steady, erm, and then I took the decision to squeeze the trigger and shoot and I shot him. (...)\nI thought if that gun goes off I'm gonna be seriously injured or killed 'cos you could see the size of the barrel, it was a large calibre weapon, hand gun, that was all I could see. Erm and I thought was gonna be shot, if I didn't do something.”", "61. The applicant draws attention to the fact that Officer B's statement was never disclosed and was never subjected to forensic scrutiny or comment in any public forum.", "62. One civilian witness, David Hanlon, a local resident, heard the police command: “Drop your gun or we will shoot”, followed by a single shot. The shot was fired at about 8.21 p.m.", "63. Officer D, who was with Officer B, was on the verge of shooting at the time the shot was fired. In a statement made after the event he stated:\n“I then saw that the gun was still in his hand and he was holding it with both hands with arms straight out, this conveyed to me that he was going to take aim to fire the weapon at [Officer B]. I took the safety off my weapon and took sight on him and put pressure on the trigger and was going to fire when I heard a bang.”", "64. The officers, together with paramedics already at the scene, entered the building at 8.29 p.m. They found Michael Fitzgerald lying face down on the bed in the rear bedroom. They rendered first aid, but at 8.47 p.m. Michael Fitzgerald was pronounced dead.", "65. The scene was preserved as a major crime scene.", "66. The armed officers went to the Police Headquarters firearms range where they separately compiled their pocket book notes and gave their firearms for forensic examination. The examination revealed that a bullet had been discharged from the weapon belonging to Officer B. No other weapons had been fired.", "67. The Home Office pathologist confirmed that the cause of death was a single gun shot wound to the chest and that the pattern of injuries was consistent with having been shot in the manner described by Officer B. A sample of Michael Fitzgerald's blood revealed 352 mgs of alcohol per 100 ml of blood. This would have made an individual of moderate drinking habits either extremely drunk or comatose.", "68. Michael Fitzgerald's handgun was a replica Colt .45 calibre self-loading pistol. It had the appearance of an authentic weapon and only very close examination reveals it to be a replica.", "69. Following the shooting it was discovered that Michael Fitzgerald had spent the afternoon drinking. He had left his jacket with the keys to his home in a public house. He was seen walking in the direction of his home by a taxi driver, at about 5.45 p.m., who described him as very drunk.", "70. On being informed of the fatal shooting of Michael Fitzgerald, the Deputy Chief Constable of Bedfordshire Police, David Stevens, voluntarily referred the matter to the Police Complaints Authority in order that it might supervise the investigation into the killing.", "71. Mr Robert Davies, Assistant Chief Constable of Thames Valley Police, was appointed as the Investigating Officer. The essential purpose of the investigation was to inquire into the facts of the incident and to establish whether or not there had been a breach of the criminal law or police discipline. At the outset of the investigation the Thames Valley Police appointed a family liaison officer to assist Michael Fitzgerald's next-of-kin. During the investigation, a senior member of the investigation team visited the family on several occasions to keep them up-to-date on the progress in the investigation.", "72. Officers B and Wright as well as Superintendent Battle were interviewed in the course of the investigation. The other officers who attended the scene or had a part to play in the incident made witness statements outlining their roles and responsibilities. The civilian employees of Bedfordshire Police also made witness statements, as did members of the public including the family of Michael Fitzgerald. Radio traffic within the FIR, which is tape-recorded, was transcribed, as was the control room tape. A crime analyst from Thames Valley Police was employed to scrutinise all the witness statements, the interviews taken under caution and the tape recording transcriptions.", "73. The report prepared by Mr Davies was submitted to the Police Complaints Authority on 15 May 1998. A copy of the report and evidence was sent to the Deputy Chief Constable of Bedfordshire Police and to the Director of Public Prosecutions. The latter later concluded that there was no evidence to justify any criminal proceedings against any police officer.", "74. On 23 June 1998 the Police Complaints Authority sent a copy of an Interim Statement on the investigation to Michael Fitzgerald's brother. This Interim Statement had been issued shortly after the submission of the report by Mr Davies. The Interim Statement recorded that Mr Davies' final report had been received on 15 May and was supported by 160 statements, 49 documents and 11 appendices including photographic evidence and plans of the scene of the incident. The Interim Statement concluded that “the investigation into the death of Mr Fitzgerald [had] been undertaken to the satisfaction of the Police Complaints Authority”. Also in June 1998, the Police Complaints Authority notified Mr Fitzgerald's brother that a review of the case would be carried out by one of its members at the conclusion of the inquest.", "75. In his report, Mr Davies concluded that Officer B had not committed a criminal offence and stated:\n“I have examined the circumstances of this incident in detail and made two visits to the scene. I have read all the accounts of the officers present and other relevant witness statements including the forensic analysis. I have examined the transcription of the Information Room tape recording and other relevant documents. I am satisfied that [Officer B] genuinely believed he was facing an intruder armed with a firearm and that his life was in imminent danger. He did not know that the weapon was incapable of being discharged and he gave the man the chance to withdraw in a pressurised situation.”", "76. Mr Davies investigated the reason why a negotiator had not been present at the scene and stated:\n“Difficulty was experienced during the early stages in obtaining a trained negotiator. The Bedfordshire Police have a cadre of six 'Tier One' negotiators trained to a national standard ... and six 'Tier Two' negotiators, who have been selected as being suitable to attend the National Negotiator's Course but who are, as yet, untrained. The Force policy is that one 'Tier One' and one 'Tier Two' negotiator will be available at all times including 'call out' times. Unfortunately on the 26th February 1998 there was a Negotiator's Conference being held at Brighton. Five of the six 'Tier One' negotiators were at the Conference. The remaining Tier One negotiator D.I. McCart was, according to the log, uncontactable. The Information Room log indicates that he was playing five-a-side football ... The frustration of the situation is all too evident when the log is scrutinised. At 1944 hours the log reads: 'No tier one negotiator available they all are at a conference according to info. from other. There is no tier one call out at all.' At 1954 hours the log reads: 'Unable to raise the negotiator other than by going through list one by one until finding someone willing to attend – call out totally useless or most recent update inaccurate. No response from any of the pager messages sent.' Timed at 1956 hours the log reads: 'Insp. Nethersole and Insp. Seamarks, both tier two negotiators, on route to GPS.' The Information Room Inspector states that an attempt was made to contact D.I. McCart both on his home number and on his pager. D.I. McCart states that he had both his mobile phone and his pager with him, that they were both switched on, and that he did not receive a call on either of them. I have been unable to resolve this issue ... The difficulty experienced in contacting a 'Tier One' negotiator is a serious example of how poor co-ordination and planning can lead to real operational difficulty. The difference in skill levels between a Tier One and Tier Two negotiator should, in normal circumstances, be significant. The early arrival of a 'Tier One' negotiator might have made a difference.”", "77. Mr Davies concluded his report by stating:\n“This was a tragic incident. Michael Fitzgerald had been suffering from a number of personal pressures including unemployment, rising debt and the grief of his mother's death. He turned increasingly to drink and was an alcoholic. It is very sad that on the night of the 26th February a series of unusual events came together and led to his death. First, Michael left his jacket and keys behind in a pub; second, unusually, he attempted to gain entry to his flat by the window; third, his girlfriend happened to arrive just as he was disappearing into the kitchen; fourth, his girlfriend mistook him for a burglar; fifth, neither Michael's brother, John, nor friend Sean Murray reported their telephone conversations with Michael to the police; sixth, no clear information emerged about Michael's identity prior to his death; and seventh, Michael, for whatever reason, we will never know, decided to aim a replica firearm to challenge armed police.”", "78. During the investigation witness statements were taken from approximately 138 witnesses.", "79. The applicant stresses that the radio logs/transcripts and transmissions referred to were never disclosed, despite requests for them during the subsequent inquest. Furthermore, Mr Davies' report and conclusions were never disclosed to the applicant or to the deceased's family or made available for public scrutiny at the inquest. In addition, she and the deceased's family were at all times unaware that 138 witnesses had been heard. The Coroner disclosed only 29 witness statements to the family, and the family was therefore unable to consider whether other potential witnesses should have been called.", "80. By a letter dated 17 September 1998, the Police Complaints Authority confirmed the findings of the police investigation that there was no wrongdoing on the part of the Bedfordshire police officers involved in the incident. The Police Complaints Authority was satisfied with the thoroughness of the investigation.", "81. The death was reported to Mr David Morris, the Bedfordshire and Luton Coroner, by the police.", "82. The inquest was opened on 27 February 1998 and then adjourned sine die to allow the Police Complaints Authority to complete its investigation into the circumstances surrounding the death.", "83. On 28 July 1998, at a preliminary hearing to which all the interested parties including the press were invited, the Coroner ruled that the four armed officers should remain anonymous and should not be identified by the media. They were to be known as A, B, C and D, of whom B had fired the fatal shot.", "84. Counsel representing Michael Fitzgerald's family firmly objected to the grant of anonymity to these officers, arguing that the inquest was meant to be a forum subject to public scrutiny and that justice should be seen to be done in an open manner, particularly where citizens die at the hands of agents of the State.", "85. In deciding to direct that the armed officers should be known as A, B, C and D, the Coroner accepted that there was a genuine concern on the part of each of the officers, and particularly Officer B, that he and his family could be exposed to verbal and physical abuse if his name were to be disclosed, having regard to the fact that he lived near the scene of the incident. The Coroner (according to the Government, without objection from any party) also used his knowledge of previous threats and abuse directed against Officer B and his family following another incident, not involving a shooting, where he had been acting in accordance with his police duties. The applicant points out that it was never raised as a ground at the hearing on 28 July 1998 (nor at the actual inquest) that any officer had suffered any threat, and that in any event the previous threats to Officer B were not in relation to a shooting and could not be construed as serious.", "86. The Coroner made it clear that it was open to any party, including the press, to make an application to lift the anonymity order if further information or circumstances warranted it.", "87. The Coroner was provided with the witness statements and exhibits gathered in the course of Mr Davies' investigation. The Coroner decided that there should be disclosure of the statements made by 29 witnesses whose evidence he considered material to establishing the relevant facts. According to the applicant, the Coroner misled the family as to the number of witnesses by informing their counsel at the preliminary hearing on 28 July 1998 that there were only approximately 80 witnesses to the incident of whom only 29 witness statements were relevant and were to be disclosed for the full inquest hearing on 24 November 1998.\nBy a letter dated 17 November, the family's legal representative sought disclosure of further materials. The report prepared by Mr Davies was not among the documents sought. The Coroner decided that the family should be provided with the witness statements of Officers C and D and Superintendent Battle as well as a schedule containing the times of all the important events derived from the radio logs.", "88. On 24 November 1998 the inquest proper began. The Coroner made a further decision to the effect that A, B, C and D should remain anonymous. The Coroner gave his reasons for this decision in writing and included among his reasons the following:\n“The predominant reasons for granting anonymity for the particular officers beyond my own local knowledge and experience are\na) Bedfordshire police is a small force with a handful only of armed response officers. The naming of officers 'A', 'C' and 'D' would be likely to identify by default officer B.\nb) All four officers have expressed fear if their names are made public in this context the privacy and safety of both themselves and their families could be at risk. Some officers live near the locus in quo.\nc) Whilst there may be no threat emanating from the deceased's family there are serious and violent criminals living and operating within the locality and identification of members of the armed response team would not be either in the interest of those individuals or in the public interest.”", "89. The Coroner also ruled that the officers could give evidence from behind a screen. They would, however, be seen by the Coroner, the legal representatives for each of the parties and the jury.", "90. The inquest continued for four days.", "91. During the course of the inquest the Coroner summoned witnesses to give evidence of the events leading to Michael Fitzgerald's death. These witnesses, who included police officers B, C and D, were cross-examined by counsel representing the family. The jury visited the scene of the incident.", "92. The Coroner refused to accede to the family's request to call the police negotiator at the inquest, stating that his evidence was irrelevant since he had played no part in the incident. He further declined to allow in evidence the police radio logs on communications passing between the officers on the night of 26 February 1998 as well as the computer printouts since these materials, like the police negotiator, “would not have added to the knowledge and understanding of those matters which the jury were obliged by law to address.” However, at the request of the jury and counsel for the family, Detective Sergeant Denton provided a statement setting out the times of the material events derived from the radio logs and the transcripts of the transmission.", "93. The applicant points out that Superintendent Battle conceded at the inquest when cross-examined by the family's legal representative that it might not have been wise of him to have identified himself to the deceased as a police officer, bearing in mind that negotiators should have the appearance of being neutral so that some trust is built up between the person under siege and the negotiator.", "94. At the conclusion of the evidence the Coroner summed up the case to the jury and, after hearing submissions from counsel representing the parties, the Coroner's direction on the law included the following:\n“I find, as a matter of law, for reasons which I do not need to explain to you, that the only verdict that you can come to in this inquest – and I so direct – is a verdict that Michael James Fitzgerald was lawfully killed.”", "95. The Coroner went on to explain that any explanation of the verdict was a matter for the jury to decide.", "96. The jury returned a verdict of lawful killing and added a recommendation to their verdict that the Home Secretary should ban replica firearms of the type found in Michael Fitzgerald's possession.", "97. On 29 November 1998 an article entitled “Cops knew that gun was replica” was published in the 'Bedfordshire on Sunday' newspaper. It was reported that a laboratory technician, Kate Bellamy, a neighbour of Michael Fitzgerald's, had informed the police at about 7.45 p.m. on the night of the incident that Michael Fitzgerald had two replica guns at his home. The Coroner was in possession of a statement made by Kate Bellamy, dated 27 February 1998. This statement, made the day after the incident, had been provided to the Thames Valley investigation. Kate Bellamy did not mention in her statement that she had told the police at the relevant time that Michael Fitzgerald possessed replica firearms. She stated that she had heard and seen an incident developing outside Michael Fitzgerald's flat. She had been in her premises with Amanda Parkin and:\n“... both of us decided to go down and see if we could help. When we went out onto the street, Melanie [Joy] was still crying. We were asked by an officer if we could look after Melanie which we agreed and we were advised not to go into my flat and keep away from the windows. Due to this Amanda, Melanie and myself went into Amanda's flat ... after this we all began ringing the local pubs of Michael's to try and locate him. The only positive reply we got was from the Blarney Stone pub who said he'd been in there and left with two blokes from the Grafton pub.”", "98. In relation to her knowledge of Michael Fitzgerald, she stated:\n“I personally have been into Michael's flat on numerous occasions, but not so much recently due to his increasing drinking, the last time I was in there was about a week ago. I was aware that Michael possessed two imitation firearms which were displayed on the wall of his lounge above the stairway recess ...”", "99. Amanda Parkin had provided a statement to the police investigation, also dated 27 February 1998. This statement was consistent with Kate Bellamy's and it also contained no suggestion that Kate Bellamy had told the police officers at the time of the incident that the guns in Michael Fitzgerald's home were replicas or that the occupant of the premises possessed a replica firearm.", "100. On 17 February 1999, Local Sunday Newspapers Limited, the proprietor and publisher of “Bedfordshire On Sunday”, which is a weekly newspaper circulating in the Bedford area, applied for judicial review of the Coroner's decision to grant anonymity to Officers A, B, C and D.", "101. On 29 October 1999, the application for judicial review was dismissed by Mr Justice Burton, who stated:\n“... in relation to officer B the Coroner was taking into account ... the fact that there was a public interest and also a special need for care and a potential risk of injury and danger in relation to B as a member of the armed response group, in addition to the other ground ... namely his fear in relation to the previous incident amounting to a reasonably objective, attested ground for fear in relation to his particular safety and that of his family.\nOnce there were two such grounds that in my view enabled the Coroner to say that there was sufficient reason for anonymity provided that he then carried out ... a balancing exercise.”", "102. Mr Justice Burton concluded that the Coroner had correctly carried out the balancing exercise and that there had been evidence which entitled the Coroner to conclude that anonymity was necessary in the interests of justice and in order to avoid any risk of injury.", "103. The applicant sought legal aid to pursue proceedings for judicial review of the inquest verdict. This request and a subsequent appeal were refused by the Area Committee of the Legal Aid Board on 9 March 1999.", "104. Following the inquest, in a letter dated 17 December 1998, the Police Complaints Authority informed the applicant that the investigation had been thorough and had addressed the family's concerns that the police had acted too quickly and had not explored all the options. The letter continued:\n“(...) neither the investigation nor the subsequent inquest has disclosed evidence on which to seriously challenge any of the police actions. At the time Michael died, police operations were being managed by a senior officer with considerable experience in firearms incidents who described the attention and planning which he gave to the various decisions needed.\nThere was clear evidence that the situation could not have been effectively contained if officers were placed behind the brick wall at the rear of the house. This view was supported by Thames Valley Police's own firearms experts and is consistent with national guidelines and training. The repeated giving of warnings is required under the manual and I have to say the police would be at risk of very serious criticism if none or fewer warnings had been given.\nThere was no evidence that the presence of a top level trained negotiator would have caused a different outcome to what actually happened. The evidence suggests the contrary - that even if one had been present at the time of the shooting, he or she would not have been prevented the train of events which led to your brother's death.\nBedfordshire Police accept that there was confusion on the night as to which officers with level 1 negotiating training were available to go to the scene. I am told that call-out rotas are now entered on the force command and control computer, which should reduce the chances of delays in the future due to difficulties in contacting the necessary staff. The problems arose due to a poor information system which has now attracted the required management response. I do not consider that this is a matter which justifies any disciplinary action.\n (...)”" ]

[]

[ "4. The applicant was born in 1951 and lives in Karlovac, Croatia.", "5. On 11 November 1991 business premises in Karlovac leased by the applicant were blown up by unknown perpetrators.", "6. On 10 November 1994 the applicant instituted civil proceedings against the State before the Zagreb Municipal Court (Općinski sud u Zagrebu) seeking damages. He based his claim on section 180 of the Civil Obligations Act.", "7. On 17 January 1996 Parliament introduced an amendment to the Civil Obligations Act (“the 1996 Amendment”) which provided that all proceedings concerning actions for damages resulting from terrorist acts were to be stayed pending enactment of new legislation on the subject.", "8. On 14 February 1996 the Municipal Court stayed the proceedings pursuant to the 1996 Amendment.", "9. On 14 July 2003 Parliament introduced the Act on Liability for Damage Resulting from Terrorist Acts and Public Demonstrations (“the 2003 Liability Act”).", "10. Pursuant to the 2003 Liability Act, on 19 November 2003 the Municipal Court resumed the proceedings and, at the same time, dismissed the applicant's action finding that it no longer had the jurisdiction in the matter. The applicant did not appeal against that decision." ]

[ 3 ]

[ "9. The facts surrounding the disappearance of the applicant's husband are disputed between the parties.", "10. The applicant's husband, Talat Türkoğlu, had been arrested and tried on several occasions in the past for political offences. Plain-clothes policemen used to keep him under surveillance.", "11. On 29 March 1996, Talat Türkoğlu travelled by bus from Istanbul to Edirne, a city near the border with Greece, to visit relatives. During its journey to Edirne, the bus was stopped by a car and a person from this car got on the bus. Before its arrival in Edirne the same car stopped the bus once again and the person who had got on the bus earlier returned to the car. This car followed Talat Türkoğlu until he arrived at his relatives' house in Edirne.", "12. On 1 April 1996 Talat Türkoğlu left Edirne for Istanbul. He did not arrive home and has been missing since. When entering her home on the fifth day after her husband's disappearance, the applicant noticed that the front door was open and that her television had been turned on. In her opinion, the persons who entered her home had done so with her husband's key.", "13. The applicant filed petitions with several administrative and judicial bodies inquiring about her husband's whereabouts. On 25 April 1996, she applied to the prosecutor at the Istanbul State Security Court and, on 26 April 1996, to the Forensic Medicine Institute and, via the Istanbul Human Rights Association, to the President, the Prime Minister, the Minister of Justice and the Human Rights Commission of the Turkish Parliament. On 2 May 1996 the applicant applied to the General Security Directorate in Ankara. On 3 May 1996 she applied to the Governor's office in Istanbul, the Fatih Public Prosecutor and the National Intelligence Agency. On 6 May 1996 she further applied to the Governor's office in Edirne.", "14. On 23 September 1996 the applicant applied to the Küçükçekmece public prosecutor. She complained that she was being followed by persons, whom she believed to be plain-clothes police officers. She further complained of receiving anonymous phone calls at her home by someone who swore at her and who threatened to kill her.", "15. In her letters of 10 September 1997, the applicant informed the public prosecutor and the Governor in Edirne about an important statement made by a prisoner, Kasım Açık, to some other prisoners in which he gave detailed information about the killing of Talat Türkoğlu.", "16. The applicant claims that Kasım Açık was a State agent who had infiltrated the MLKP (“Marksist Leninist Komünist Parti” – a prohibited left-wing organisation) in order to gather information about their activities. Prior to that, he had participated in counter-guerrilla activities and had been involved in the killing of a number of persons. He was strangled to death in prison on 18 May 1997. According to the applicant, Kasım Açık gave this statement when he was questioned after having been arrested and detained in the Gebze prison on suspicion of being a MLKP member, an offence for which he was later tried before the Istanbul State Security Court.", "17. According to this statement, which was taped and later transcribed, Talat Türkoğlu was questioned in Çadırkent by a gang, whose members included police officers, soldiers and itirafçılar[1]. He was subsequently killed by Murat Demir and Murat İpek and his body was thrown into the river Meriç, which forms part of the border between Turkey and Greece. In her letter, the applicant further stated that Kasım Açık had drawn a sketch of the place where Talat Türkoğlu had been killed and that he had given a detailed description of the clothes Talat Türkoğlu had been wearing, in particular his shoes, wallet and wrist-watch. These details were confirmed by the applicant to be accurate. The applicant finally stated that it had to be deemed certain that Talat Türkoğlu had been killed. She requested the authorities to investigate this new evidence and to show her photographs and other documentary materials concerning unidentified corpses found in the area.", "18. The applicant claims that she did not receive any reaction from the administrative and judicial bodies she petitioned other than one invitation for her and her husband's mother to give a statement and one invitation for Talat Türkoğlu's brother to identify a corpse found in the area where Talat Türkoğlu had disappeared. In this respect, the applicant pointed out that, although she and her relatives had already applied to the domestic authorities in April 1996 after Talat Türkoğlu's disappearance, the documents submitted by the Government are dated May 1998.", "19. Following the receipt of the petition of 15 April 1996, the Edirne public prosecutor instigated an investigation. He contacted the Edirne Security Directorate in order to find out whether Talat Türkoğlu had been taken into police custody. On 2 May 1996 he was informed that this was not the case. As the search for Talat Türkoğlu in Edirne was unsuccessful, his photograph was transmitted to all Security Directorates in Turkey.", "20. Further investigations were opened by the Bursa public prosecutor, the Edirne public prosecutor and the Direction of Criminal Affairs of the Ministry of Justice, following a request of 2 May 1996 by seventeen persons detained in Bursa to elucidate the fate of Talat Türkoğlu.", "21. On 24 May 1996, in reply to a request thereto, the Edirne gendarmerie command informed the public prosecutor that their custody records were being verified and that they had started identity checks in their region. On 10 June 1996, the gendarmerie authorities informed the public prosecutor that their efforts remained unsuccessful.", "22. On 9 August 1996 the Edirne public prosecutor informed the Istanbul public prosecutor about the investigation and requested information as to whether Talat Türkoğlu had been taken into police custody in Istanbul. On 14 October 1996 the Istanbul Security Directorate informed the Edirne public prosecutor that Talat Türkoğlu had not been taken into detention by the Istanbul security authorities.", "23. Following the receipt of the applicant's petition of 10 September 1997 for a supplementary investigation on the basis of the statement given by Kasım Açık, the Edirne public prosecutor informed the public prosecutors of respectively Enez, Meriç, İpsala and Uzunköprü of the investigation and requested information about unidentified bodies found in the area. Talat Türkoğlu's relatives were invited to identity one body from photographs. According to them, the body found was not that of Talat Türkoğlu.", "24. An investigation was conducted concerning the statements given by Kasım Açık. In this connection, it was revealed that he had been killed in the Gebze prison by his co-activists in the TDP (Türkiye Devrim Partisi – a prohibited left-wing organisation). According to a press release issued by the TDP, Kasım Açık had acted as a spy and had betrayed the organisation's confidential strategy. According to this press release, Kasım Açık had been tried under the rules of the TDP and had been sentenced to death. The statement referred to by the applicant had been taken by TDP members in the context of this “trial”. According to the Government, Kasım Açık was not a State agent and had no associations with the State and affiliated agencies.", "25. In fact, it was established in the criminal proceedings brought against the suspected perpetrators of the killing of Kasım Açık that he had been killed accidentally by another prisoner, Ayhan Güneş, following a fight provoked by Kasım Açık.", "26. It appeared from Kasım Açık's statement that the gang which killed the applicant's husband had also kidnapped and killed persons in the Silvan and Lice districts of Diyarbakır. Therefore, an investigation was carried out in the places named by Kasım Açık. In the course of this investigation, the prosecution authorities summoned several village mayors (muhtar) in the region of Lice and took their statements.", "27. On 15 April 1996 Zeyneti Türkoğlu, the mother of Talat Türkoğlu, filed a petition with the Edirne public prosecutor in which she stated that her son had come from Istanbul to visit her, that he had left her house on 1 April 1996 and that since then he was missing. She asked the public prosecutor to search for him.", "28. On 25 April 1996 the applicant filed a petition with the public prosecutor at the Istanbul State Security Court. She stated that, on the basis of a statement given by a detainee in Siirt, she suspected that her husband had been arrested and possibly taken to Siirt. However, the authorities in Siirt informed her that her husband was not detained there. She requested the prosecutor to search for her husband.", "29. On 26 April 1996 the applicant informed the Istanbul Institute for Forensic Medicine that her husband had disappeared on 1 April 1996. She further stated that, in the past, her husband had been arrested many times for political reasons and that he had been followed by the police before he disappeared. She asked the Institute for Forensic Medicine to obtain her husband's fingerprints from the Security Directorate, to compare them with the fingerprints of all unidentified bodies found and to provide her with information that might be helpful.", "30. On the same day the Turkish Human Rights Association addressed a letter to the President of the Republic of Turkey on behalf of the applicant, informing him of the disappearance of Talat Türkoğlu and stated that the applicant had applied to various authorities. The President was requested to order a search for Talat Türkoğlu. On the same day, the Turkish Human Rights Association sent similar letters to the Prime Minister, the Minister of the Interior and the Parliamentary Commission for Human Rights.", "31. By letter of 2 May 1996, the applicant informed the Ankara Security Directorate of the disappearance of her husband and stated that she had applied to various authorities. As her husband had been apprehended, detained and tried for political offences on various occasions in the past, she deemed it plausible that he had been again apprehended and detained. She also contacted the Diyarbakır public prosecutor and State Security Court as well as the anti-terror branch of the Siirt security directorate. Her husband might have been taken there since, in a statement taken previously in Siirt, a person had implicated her husband. As the Siirt authorities had informed her that her husband's name was not mentioned in their records she had also applied to the public prosecutor's office at the Istanbul State Security Court, which informed her that her husband's name was not included in their records either. She finally stated that all of her inquiries indicated that her husband, who had no previous health or family problems, was in the hands of the MIT (Milli İstihbarat Teşkilatı; National Intelligence Agency) or the JITEM (Jandarma İstihbarat ve Terörle Mücadele; Gendarmerie Intelligence and Anti-Terror Branch), or even counter‑guerrillas. She stated that, in the absence of any other possibility, “it was normal to conclude that a person with a political identity, opposing the State's official policy, could be in the hands of such organisations. They are responsible for many extra-judicial killings and this is acknowledged by the State authorities from time to time. Also, the fact that someone has entered my house secretly by opening the door with a key and the fact that I have been followed makes my conclusion stronger”. She asked the Ankara Security Directorate to search for her husband.", "32. On 3 May 1996 the applicant sent a similar letter to the National Intelligence Service, asking whether this service held any information about her husband's disappearance.", "33. On 3 May 1996 the applicant further sent a letter to the Istanbul Governor, informing the Governor that her husband had disappeared since 1 April 1996, that in the past her husband had been arrested many times for political reasons and, prior to his disappearance, her husband had been followed by the police. She further informed the Governor that she had applied to the public prosecutor, Governor and Security Directorate in Edirne, various Edirne police stations, the hospitals and morgues in Edirne. She further stated that she had applied to the Istanbul Security Directorate, the public prosecutor at the Istanbul State Security Court, prisons and the Forensic Institute. She also mentioned having applied to the Human Rights Association, Amnesty International, Helsinki Watch and other non-governmental organisations, the Prime Minister, the Ministry of the Interior and the National Security Directorate in Ankara. She asked the Governor to investigate the matter. On 6 May 1996, the applicant sent a similar letter to the Edirne Governor.", "34. On 3 May 1996 the applicant filed a further petition with the Fatih public prosecutor, requesting an investigation into her husband's disappearance. She gave a description of her husband and asked the prosecutor to compare her husband's fingerprints with those of the unidentified bodies that had been or might be found within the prosecutor's jurisdiction. She stated that her husband had been arrested in the past and that the authorities should have his fingerprints on record.", "35. On 23 September 1996 the applicant filed a petition with the Küçükçekmece public prosecutor, in which she stated that she had been harassed and threatened by some persons whom she believed to be State agents. The applicant requested the prosecutor to identify these persons and to prosecute them.", "36. On 10 September 1997 the applicant's lawyer filed a petition on behalf of the applicant with the Edirne public prosecutor, informing him that Talat Türkoğlu was still missing and that the applicant's petitions to various authorities and institutions had not given rise to any results. In the petition, it is further stated that it had appeared from a confession made by a counter‑guerrilla, Kasım Açık, that Talat Turkoğlu was questioned in Çadırkent near Edirne by a gang consisting of police officers, soldiers and itirafçılar (defected members of an illegal organisation who provide the authorities with information about that organisation) and led by Mahmut Yıldırım, alias Yeşil. According to this statement, Talat Türkoğlu had been tortured and subsequently killed by Murat Demir and Murat İpek, who later threw his body in the river Meriç. A transcript of the tape-recording of this statement given by Kasım Açık as well as a sketch map, signed by Kasım Açık, of the place where Talat Türkoğlu had been killed were joined to the petition. The public prosecutor was requested to take these elements into consideration in his investigation and to provide information about the unidentified bodies found in or around the river Meriç. The public prosecutor was further informed that Murat Demir and Murat İpek were currently being held in the Metris prison in Istanbul.", "37. On the same day, the applicant's lawyer sent a similar letter to the Edirne Governor. On 10 September 1997 the applicant's lawyer also requested the Edirne Institute of Forensic Medicine to compare the fingerprints of Talat Türkoğlu with those of all unidentified bodies and to provide any information that might be helpful.", "38. On 15 April 1996 the Edirne public prosecutor requested the Edirne Security Directorate to take a statement from Zeyneti Türkoğlu, to search for Talat Türkoğlu and to distribute his photograph to all police stations in Turkey.", "39. On 19 April 1996 the applicant gave a statement at the Ayşekadın police station in Edirne about her husband's disappearance. She declared that her husband had a business in Istanbul selling building materials, that he had no debts and that in any event debts would not prevent him from coming home, that he had no family problems and that she feared for his life. She requested the police to conduct a search for him.", "40. On the same day, Zeyneti Türkoğlu gave a statement at the Ayşekadın police station in Edirne. She declared that her son had left her home on 1 April 1996 in order to return to Istanbul and that he had since disappeared. She confirmed that on 15 April 1996 she had filed a petition with the Edirne public prosecutor. The family unsuccessfully searched for her son and she feared for his life. She described Talat Türkoğlu, who was born in 1951, as being 180 cm. tall, weighing about 78 kilogrammes, having a dark complexion and a scar on his right cheek. She requested the police to conduct a search for him.", "41. On 2 May 1996 the Ayşekadın police station in Edirne transmitted the statements taken on 19 April 1996 from the applicant and Zeyneti Türkoğlu to the Edirne Security Directorate, informing the latter that police officers of the Ayşekadın station had searched for Talat Türkoğlu at certain addresses and that his photograph had been distributed to all police stations in Turkey. The Edirne Security Directorate was requested to transmit the file to the public prosecutor.", "42. On 6 May 1996 the Fatih public prosecutor transmitted the applicant's petition of 3 May 1996 to the Istanbul Security Directorate, requesting the latter to investigate the matter.", "43. On 24 May 1996 the Edirne Provincial gendarmerie headquarters informed the Edirne public prosecutor that Talat Türkoğlu was not detained by them, that they had searched for him and that they had set up road check points. Their search remained unsuccessful, but they would continue to search for him.", "44. On 30 May 1996 the Edirne Security Directorate informed the Edirne public prosecutor that Talat Türkoğlu had been arrested in 1980 in Ankara for membership of the prohibited TKP/B party (Türkiye Komünist Partisi Birlik). He was released on bail after having been detained for 13 months and 17 days. He was arrested again for the same reasons in Istanbul in 1984. He was released on bail in 1989. Without giving any dates, the letter further states that Talat Türkoğlu had been arrested in Istanbul on a third occasion, this time for membership of the prohibited TDP party. He was detained and subsequently released on bail. On 21 September 1994 Talat Türkoğlu was arrested in Havsa (near Edirne) on a fourth occasion. He was arrested together with four other persons. On the same day, Talat Türkoğlu was handed over to the Istanbul police, who brought him to Istanbul, where he was detained on remand. The letter finally states that, since 21 September 1994 Talat Türkoğlu, who had now allegedly disappeared, had not been arrested or detained in Edirne.", "45. On the same day, the Istanbul Security Directorate instructed the Fatih Security Directorate to take a statement from the applicant and to search for her husband.", "46. On 10 June 1996 the Edirne Provincial gendarmerie headquarters sent a letter to the Edirne public prosecutor with the same contents as the one sent on 24 May 1996.", "47. On 19 June 1996 a statement was taken from the applicant at the Fatih police station. She confirmed that on 3 May 1996[2] she had filed a petition with the Fatih public prosecutor and repeated the contents of this petition. The applicant provided the police with a passport photograph of her husband and his physical and personal particulars. These elements and the photograph put on record included in a pro-forma document that was transmitted to the other police forces involved in the investigation.", "48. On 27 June 1996 the Fatih public prosecutor sent the same instruction as the one sent on 6 May 1996 to the Istanbul Security Directorate.", "49. On 2 July 1996 the Fatih Security Directorate informed the Fatih public prosecutor that they had taken a statement from the applicant and that they were searching for her husband.", "50. On 10 July 1996 on the basis of the criminal complaint filed by the applicant, the Fatih public prosecutor issued a decision not to take any criminal proceedings in relation to the disappearance of Talat Türkoğlu as no suspect had been identified.", "51. In his letters of 9 August and 9 September 1996 the Edirne public prosecutor asked the Istanbul public prosecutor whether Talat Türkoğlu was being detained in Istanbul.", "52. On 17 January 1997, in reply to a request of 14 January 1997 for information about the stage reached in the investigation into the disappearance of Talat Türkoğlu, the Edirne public prosecutor informed the Edirne chief public prosecutor that the investigation was still ongoing.", "53. On 21 May 1997 the Edirne public prosecutor instructed the Edirne Security Directorate to search for Talat Türkoğlu and to inform all other police forces of this search. On the same day, he sent a similar letter to the Edirne gendarmerie command, including a request for the search of Talat Türkoğlu by the Edirne gendarmerie and to inform all other gendarme forces of this search.", "54. On 26 May 1997, the head of the Edirne Security Directorate informed all police forces under its command of the investigation into the disappearance of Talat Türkoğlu, ordered them to request all police forces in Turkey to search for Talat Türkoğlu and to inform him of any findings. A notification to this effect was in fact addressed on 28 May 1997 to all police forces in Turkey.", "55. In a report dated 26 June 1997 and signed by three gendarmes, it is stated that Talat Türkoğlu had not been detained by them in the past. The report further states that the gendarmerie forces had searched for Talat Türkoğlu in all villages within their jurisdiction and that they had found no one who had known anything about him. The report contains no indication of the gendarmerie station to which its authors were attached.", "56. On 3 July 1997, in reply to the letter of 21 May 1997, the Edirne gendarmerie command informed the Edirne public prosecutor that Talat Türkoğlu had never been detained by the gendarmerie and that they had no clues as to his whereabouts.", "57. By letter of 12 September 1997 the Edirne public prosecutor asked the Uzunköprü public prosecutor whether any unidentified bodies had been found in his jurisdiction and, if so, to provide him with details thereof. On the same day, the Edirne public prosecutor sent a similar letter to the public prosecutors of respectively Meriç, Enez, Kesan and İpsala.", "58. On 18 September 1997 the Meriç public prosecutor transmitted to the Edirne public prosecutor the autopsy reports on two bodies found on 21 May 1996 and 19 June 1997 respectively in his area of jurisdiction, as well as two photographs taken of these bodies.", "59. On 19 September 1997 the Enez public prosecutor informed the Edirne public prosecutor that there were no pending investigations of unidentified bodies found in his area of jurisdiction and that his department had no records on Talat Türkoğlu.", "60. On 15 October 1997 the Ministry of the Interior requested the Istanbul Security Directorate to provide information on the investigation carried out as to the allegations made by the applicant in her application to the European Commission of Human Rights.", "61. On 22 October 1997 the Uzunköprü public prosecutor informed the Edirne public prosecutor that no unidentified bodies had been found in his area of jurisdiction.", "62. On 10 November 1997 the Edirne public prosecutor ordered the Edirne Security Directorate to summon Zeyneti Türkoğlu to his office.", "63. On 11 November 1997 the International Law and Foreign Relations Department of the Ministry of Justice requested the Edirne public prosecutor to be informed of the actions undertaken so far in respect of the applicant's account of the disappearance of her husband and related incidents involving herself (the repeated intrusion of unknown persons in her apartment, and her being followed and insulted by plain-clothes policemen) as set out in her application form submitted to the European Commission of Human Rights. The Edirne public prosecutor was further requested to transmit a copy of each document in the file on the investigation.", "64. On 13 November 1997, the İpsala public prosecutor transmitted to the Edirne public prosecutor autopsy reports on four unidentified bodies found in or near the river Meriç since 1 April 1996.", "65. On 20 November 1997, after having examined the autopsy reports and photographs that had been sent to the Edirne public prosecutor, Hasan Türkoğlu - the brother of Talat Türkoğlu - gave a statement at the public prosecutor;s office in Edirne that he had not recognised his brother on the photographs and that the descriptions of the bodies found in the autopsy reports did not correspond to his brother's physical appearance.", "66. On 24 November 1997 the Istanbul Security Directorate informed the Ministry of the Interior that Talat Türkoğlu had been arrested and detained on 21 September 1994 for membership of the TDP, and that on 5 October 1994 the prosecutor at the State Security Court had ordered his detention in custody. Since that date, no search warrant for Talat Türkoğlu had been issued. The letter further states that, following the applicant's petition of 3 May 1996, the police had been informed and that on 21 May 1996, in the absence of any satisfactory results, all police forces had been notified. Furthermore, the Istanbul chief public prosecutor and the prosecutor at the Istanbul State Security Court were informed of the case. The applicant was given detailed oral information about the investigation and was told that everything would be done to resolve the matter. The letter finally states that, during a search in the house of C.D., who had been arrested on 18 May 1997 for his activities in the TDP, press releases issued by the TDP were found stating that one of the murderers of Talat Türkoğlu, Kasım Açık, had been killed by way of punishment.", "67. On 5 December 1997, in response to the request of 11 November 1997, the Edirne public prosecutor informed the Edirne chief public prosecutor that, despite all efforts made, Talat Türkoğlu could not be found and that the investigation was continuing.", "68. On 19 January 1998, in reply to a letter of 5 September 1997, the Edirne gendarmerie headquarters informed the Edirne Security Directorate that in 1997 no unidentified body had been found in their area of jurisdiction.", "69. On 10 February 1998 the Edirne Security Directorate informed the Edirne Security Directorate responsible for Public Order that Talat Türkoğlu had been arrested by the Edirne police on 21 September 1994 for membership of the TDP and that he had subsequently been transferred to Istanbul. Since that date, Talat Türkoğlu was not arrested or detained by the Edirne police department.", "70. On 10 February 1998 the Edirne Security Directorate informed the Ministry of the Interior in Ankara that the search for Talat Türkoğlu was ongoing and that it was established that the allegations made in the applicant's letter sent to the Edirne Security Directorate were unfounded since his body had not been found in or near the river Meriç and since no unidentified bodies had been found in this river in 1996 and 1997. The letter finally states that the investigation is being pursued.", "71. On 20 February 1998, the International Law and Foreign Relations Department of the Ministry of Justice informed the Ministry of Foreign Affairs that, according to a letter of 10 February 1998 from the Edirne public prosecutor, Talat Türkoğlu had not left the country after the date of his disappearance.", "72. None of the documents submitted contain a reference to a petition filed by seventeen persons detained in Bursa, requesting an investigation into the disappearance of Talat Türkoğlu.", "73. The statement consists of five typed pages. At the bottom of each page the name “Kasım Açık” is written by hand and is followed by an illegible signature. In this statement, Kasım Açık declares that he was born in 1979 in Çayırköy, in Ağrı and that in November 1994 he moved to Çorlu, a town close to Edirne. He found a job in a flour factory in Çorlu and met Murat İpek, Murat Demir and their friends. Together with these persons, he socialised with the police commissioner Mustafa Karagöz and the two police officers, Ersan and Ahmet. They used to go to the Ülkü Ocakları[3], where they met a person called Atalay.", "74. Kasım Açık admitted in the statement that he had participated in the killing of a number of persons in the Edirne area in 1995, including Düzgün Tekin[4], whose body had been buried on a rubbish dump near Çadırkent (place near Edirne) and that he had participated in extorting money from businesses in the Edirne area. Kasım Açık and his friends used to spend the proceeds thereof with some police officers and they gave some of this money to the Ülkü Ocakları. In the statement, Kasım Açık further claims to have gone to Diyarbakır, where he and others received one week's training by the military and subsequently participated in operations in various places in south-east Turkey. He further admitted having participated in the killing of an unspecified number of persons in and near Diyarbakır.", "75. Kasım Açık acknowledged that, after his return to Çorlu, he had infiltrated the MLKP and passed on information about the activities of this party to the police commissioner Mustafa Karagöz.", "76. The statement also contains a detailed description of the killing of Talat Türkoğlu. The statement, insofar as relevant reads:\n“We then went to Çadırkent in two cars and took Talat Türkoğlu there with us. Murat Demir and also a commander were with us. Talat was in the car in front of our car and we drove him to a place near River Meriç. There, Apo and I took him out of the [car] and they killed him. He [Talat Türkoğlu] was wearing a wrist-watch, it looked like an old style 'Seiko'. He also had a wallet and a small notebook. He was wearing a dark blue suit. After they killed him, Apo and I threw his body into the river. We then came back to Çadırkent and dropped the commander outside Çadırkent. When we took Talat Türkoğlu there he looked as if he had been tortured, his clothes were dirty.”", "77. In this statement, Kasım Açık admitted having been involved, around the time of the killing of Talat Türkoğlu, in the killing of a number of other persons, including Faruk Coşkun and Tarık Ümit.", "78. The sketch map drawn and signed by Kasım Açık indicates two cars, one parked behind the other, in an area with trees and what appear to be buildings. The cars are parked at a distance indicated as being about 100 metres from the river Meriç. Three persons are indicated at the left side of the car parked in front. The manner in which these three persons are drawn appears that two persons are aiming a firearm at the third person. Two further persons are indicated as standing in front of the first car watching the scene. The sketch map contains the text “sketch map of the place where we killed Talat Türkoğlu”.", "79. On 9 March 1998 the International Law and Foreign Relations Department of the Ministry of Justice informed the Ministry of Foreign Affairs that it appeared from a document in the investigation file of the Edirne public prosecutor that Kasım Açık's whereabouts had not yet been established, but that his record had been obtained. The letter further states that, on 24 February 1998 the Edirne Magistrate's Court was requested to issue a warrant for the arrest of Kasım Açık. This request was rejected by the Magistrate and an appeal against this decision was pending.", "80. On 5 May 1998 the International Law and Foreign Relations Department of the Ministry of Justice informed the Diyarbakır public prosecutor of the nature of the applicant's case before the European Commission of Human Rights and of the statement given by Kasım Açık. The Diyarbakır public prosecutor was requested to investigate the accuracy of the account given by Kasım Açık in his statement.", "81. In a letter of 29 May 1998 the Çorlu public prosecutor informed the Tekirdağ public prosecutor that an investigation had been carried out of Kasım Açık's allegation that a gang had killed two persons named Cengiz and Faruk. The place where these two persons had allegedly been buried had been excavated but no bodies had been found. Local records had been verified and local people had been questioned, but without any results. An investigation of the activities of Kasım Açık and nine others had been carried out in 1996 and the file on this investigation had been sent to the Istanbul State Security Court. The letter further states that Murat Demir, who - according to Kasım Açık - killed Talat Türkoğlu, used to live in Çorlu and that in 1996 an investigation against Murat Demir and Musa Şahin, an NCO, was carried out in relation to a murder. This investigation file was sent to the public prosecutor in Tekirdağ.", "82. On 4 June 1998 the International Law and Foreign Relations Department of the Ministry of Justice informed the Ministry of Foreign Affairs that Kasım Açık had been charged with membership of the Çorlu branch of the prohibited MLKP/EHB, with having thrown Molotov cocktails and having distributed propaganda leaflets. He was placed in pre‑trial detention on 28 January 1997 and, on 20 February 1997, was transferred to Gebze Prison, where he was strangled to death on 18 May 1997. This letter further states that the fact that his confessional statement was made during his imprisonment cast doubts on its authenticity.", "83. On 16 June 1998 the Ankara Security Directorate informed the Research, Planning and Co-ordination Board of the Ministry of the Interior that Kasım Açık had been searched on suspicion of having been involved in the commission of arson and involvement in bombing incidents. He was apprehended on 28 January 1997 and killed in prison on 18 May 1997. The letter further states that, after the arrest of C.D., the police conducted a search of the house of this person where they found documents published by the TDP stating that “Kasım Açık, one of the murderers of Talat Türkoğlu, has been punished by death”. C.D. was released on 24 May 1998 upon instructions of the public prosecutor. No action was taken against him in relation to the documents found at his home.", "84. On 16 June 1998 the Lice chief public prosecutor issued a decision of non-prosecution in relation to the crimes alleged to have been committed by Kasım Açık. The public prosecutor noted in his decision that, in his confession statements, Kasım Açık had not given the names of the victims, their village or the places where they had been buried. He pointed out that, according to the records of May-August 1995, no offence of abduction, murder or ill-treatment has been reported to the police, gendarmerie or judicial authorities within the district. The public prosecutor further noted that he had taken statements from fifty-one muhtars (mayors) of the villages and neighbourhoods of the Lice district. The muhtars all stated no one in their village or neighbourhood had disappeared or killed in June and July 1995, contrary to what was alleged by Kasım Açık. The public prosecutor concluded that there was no reason to continue the investigation into the alleged crimes given the fact that Kasım Açık has died and that therefore it was impossible to question him in relation to his allegations.", "85. On 17 June 1998, with reference to the letter of 5 May 1998 from the International Law and Foreign Relations Department of the Ministry of Justice Minister and the letter of 6 May 1998 from the Diyarbakır public prosecutor, the Lice public prosecutor informed the Diyarbakir public prosecutor that his investigation had been completed. He transmitted a copy of each document in the investigation file.", "86. By a letter of 23 June 1998 the Silvan Public Prosecutor informed the Diyarbakır chief public prosecutor's office that no evidence could be obtained in relation to the alleged crimes committed by Kasım Açık given the fact that, in his confession statements, the latter had not specified in which crimes he had been involved.", "87. On 26 June 1998 the Diyarbakır public prosecutor informed the International Law and Foreign Relations Department of the Ministry of Justice that the investigations conducted by the public prosecutors of, respectively, Lice and Silvan in relation to the alleged incidents as related in the statement of Kasım Açık had been completed. He transmitted a copy of each document in those investigation files.", "88. On 16 September 1998 the Diyarbakır chief public prosecutor issued a decision of non-prosecution in relation to Kasım Açık as a result of the death of the latter.", "89. In 2001 an examination was carried out into the authenticity of the documents allegedly signed by Kasım Açık. In this connection, the arrest and body search protocols and the documents containing Kasım Açık's confession statements were examined at the Criminal Laboratory of the General Security Directorate. Graphological comparison test of the handwriting and signature on the documents indicated that the said documents had been signed by two different persons. The experts were of the opinion that the arrest and body search protocols were signed by one person and the confession statements were signed by another person. However, they could not reach a certain conclusion as the documents in question were not the original copies.", "90. On 3 July 1997 the Gebze public prosecutor requested the Kartal public prosecutor to open a criminal investigation against Ayhan Güneş and eighteen others in respect of the killing of Kasım Açık.", "91. On 8 July 1997 Ayhan Güneş and four other prisoners were charged with the killing of Kasım Açık and summoned to appear before the Kartal High Criminal Court (Ağır Ceza Mahkemesi). Ayhan Güneş was detained on remand in the Gebze prison awaiting the outcome of his trial on charges of membership of the MLKP.", "92. During the hearing before Kartal High Criminal Court on 19 March 1998 Ayhan Güneş admitted that he had strangled Kasım Açık with a piece of rope. He contended that Kasım Açık had suffered from psychological problems, that he had been very anti-social and that not been liked by any of the other inmates. On the day he was killed, Kasım Açık had provoked Ayhan Güneş by criticising the book that the latter had been reading. Ayhan Güneş finally stated that he had acted alone and that no other inmate had been involved in the killing.", "93. On 11 June 1998, the public prosecutor requested the court to drop the charges against the four co-accused for lack of evidence and the fact that Ayhan Güneş had admitted killing Kasım Açık. The public prosecutor sought the conviction of Ayhan Güneş for murder.", "94. On 1 March 1999 the Kartal Assize Court convicted Ayhan Güneş of murder and sentenced him to fifteen years' imprisonment.", "95. On 19 July 2001 the Court of Cassation upheld the above conviction but mitigated the sentence to ten years' imprisonment.", "96. By letter of 15 November 1996, the Ministry of Foreign Affairs informed the International Law and Foreign Relations Department of the Ministry of Justice that the applicant had visited Australia, where she had given an interview. This interview had been reported in an article in Yorum, a newspaper published in Sydney. According to this article, the applicant had stated that her husband had disappeared on 1 April 1996 and that human rights violations and atrocities continued to occur in Turkey. During the applicant's stay in Australia, she visited Alevite and Kurdish organisations, and had meetings with Australian Parliamentarians and members of Amnesty International. She further organised a demonstration on 26 October 1996 in Sydney in support of the “Saturday Mothers”[5], which demonstration was attended by, inter alia, Australian-based Alevite and Turkish-Kurdish organisations. During this demonstration, it was stated that human rights violations continued to occur in Turkey.", "97. According to an undated press release issued by the TDP, Kasım Açık had acted as a spy and had betrayed the organisation's confidential strategy. According to this press release, Kasım Açık had been tried under the rules of the TDP and had been sentenced to death for the murder of Talat Türkoğlu.", "98. On 19 May 1997 the International Committee Against Disappearance (ICAD), an organisation in Turkey, issued a press statement and condemned the abduction and killing of Talat Türkoğlu." ]

[ 0 ]

[ "6. The applicants were born in 1952 and 1961 respectively and both live in Moscow.", "7. The applicants took part in the liquidation of the consequences of the nuclear accident at the Chernobyl nuclear plant. They were recognised as handicapped, becoming entitled to a special disability pension.", "8. In 2000 the applicants brought a civil action against the social security authorities, claiming that the amounts of their disability pensions had not been properly calculated. They maintained that the social security authorities should have increased their pensions in line with the increase of the minimal wage in Russia, but failed to do so.", "9. On 29 January 2001 the Nikulinskiy District Court of Moscow satisfied their claims awarding the first applicant 11,568.98 Russian roubles (RUR), and the second applicant RUR 14,862.5. The arrears awarded to the applicants by the District Court constituted more than 58 per cent of the amounts received by the applicants from the social security authorities within the contested period. On 18 April 2001 this decision was upheld by the Moscow City Court.", "10. Later this year the applicants brought a new action claiming the outstanding amounts of the disability pensions due to them for the period starting from January 2001. They also claimed penalties for the delayed payment of their pensions during this period.", "11. On 21 June 2001 the Nikulinskiy District Court awarded the first applicant RUR 10,351 and the second applicant RUR 13,274 as the outstanding amount of their pensions for the period January – June 2001. The sums awarded by the District Court as arrears constituted approximately 50 per cent of the amount paid to the applicants by the social security authorities during this period. Both applicants were also entitled to penalties, to be recovered from the social security authorities. The penalties were calculated on the basis of the amounts due to the applicants for the period between January and June 2001. On 28 November 2001 this decision was upheld in the main by the Moscow City Court, which only reduced the amount of penalties to RUR 1,000 for each applicant.", "12. On an unspecified date between May and September 2001 the applicants obtained writs of execution in respect of the first judgments of the Nikulinskiy District Court of January 2001. In December 2001 the applicants obtained execution writs in respect of the decisions rendered by the District Court in June 2001. These execution writs were forwarded to the bailiffs. However, for a certain period of time the judgments of the Nikulinskiy District Court remained unexecuted.", "13. In December 2001 the Ministry of Justice of the Russian Federation, which was in charge of the bailiffs, informed the applicants that the execution of the above judgments was conditional upon the availability of budgetary funds allocated for these purposes by the federal legislature and could not be carried out through the bailiffs. The applicants were advised to send their writs of execution directly to the Ministry of Finance, a State body in charge of distributing budgetary funds.", "14. However, as follows from the letter of 5 March 2002, the Ministry of Finance was no longer responsible for distributing the pension funds. Consequently, in 2002 the execution writs were forwarded to the Ministry of Labour and Social Security.", "15. In April 2002 the bailiffs discontinued the enforcement proceedings. The applicants challenged the discontinuation, and on 1 November 2002 the Nikulinskiy District Court of Moscow ordered the resumption the enforcement proceedings.", "16. On 1 November 2002 the above judgments were enforced. The authorities paid RUR 22,919.32 to Gorokhov and RUR 29,136.40 to Rusyayev. On 5 November 2002 the money were received by the applicants. On 20 February 2004 the authorities offered the applicants additional compensation on certain conditions. However, the applicants rejected this offer." ]

[ 3, 9 ]

[ "6. The applicant was born in 1936 and lives in Torre del Greco (Naples).", "7. She is the owner of a flat in Torre del Greco, which she had let to G.V.", "8. In a writ served on the tenant on 2 July 1987, the applicant informed the tenant that she intended to terminate the lease on expiry of the term on 31 December 1988 and summoned him to appear before the Torre del Greco Magistrate.", "9. By a decision of 9 October 1987, which was made enforceable on the same day, the Torre del Greco Magistrate upheld the validity of the notice to quit and ordered that the premises be vacated by 31 December 1989.", "10. On 20 February 1990, the applicant served notice on the tenant requiring him to vacate the premises.", "11. On 20 March 1990, she informed him that the order for possession would be enforced by a bailiff on 10 May 1990.", "12. Between 10 May 1990 and 13 September 1999, the bailiff made twenty-one attempts to recover possession. Each attempt proved unsuccessful, as the applicant was not entitled to police assistance in enforcing the order for possession.", "13. On 3 March 2000, the applicant recovered possession of the flat." ]

[ 1 ]

[ "5. The applicant was born in 1938 and lives in Hälleforsnäs.", "6. As from 1990, the applicant received a pension from the Swedish State in addition to the pension she received from the Finnish State. By a decision of 10 February 1995 the Stockholm Social Insurance Office (försäkringskassan) fixed her Swedish pension at 3,754 Swedish kronor (SEK) per month. As from 1996 the applicant was attached to the Social Insurance Office in Flen. Apparently, in August 1997 the entry in the computerised pension register concerning her pension was changed so that, as from September 1997, she received a monthly pension of SEK 776 from Sweden. The applicant received a notice that the amount had been deposited on her bank account from the Flen office. Later investigations revealed that the entry in the pension register had been made by the Stockholm office. The applicant’s case file, however, disappeared and she did not receive a formal decision concerning the reduction of her pension. Nevertheless, on 29 October 1997 counsel for the applicant sent a letter to the National Social Insurance Board (Riksförsäkringsverket) demanding the revocation of the social-insurance office’s decision and the establishment of her right to an unchanged pension. On 13 November 1997 the Board forwarded this letter to the Flen office. On 30 October 1997 the applicant herself sent a letter to the Stockholm office, in which she complained that her pension had been reduced by more than SEK 3,000 without any decision in the matter having been taken. Following an internal inquiry regarding which office was to deal with the case, it was, on 10 February 1998, allocated to the Stockholm office. This office later asked the applicant to send all the decisions she had received in order to establish what had happened in the case. Apart from this and attempts to locate the case file, the offices did not take any further action.", "7. On 23 June 1998 the applicant complained to the Chancellor of Justice (Justitiekanslern). She claimed that, despite her efforts, no action had been taken in her case by the authorities and that her possibility to appeal had thereby been blocked. By a decision of 9 May 2000 the Chancellor severely criticised the two social-insurance offices for their handling of the applicant’s case. He noted that, as the case file had gone missing, it was not possible to clarify who had decided in 1997 to reduce her pension or on which basis the decision had been taken. Although the applicant’s letters to the offices had to be seen as appeals or requests for review, no re-examination of the decision had been made. Noting that, due to the offices’ handling of the case, the applicant had been deprived of her right to appeal, the Chancellor found it striking that the offices had not yet taken any action to make possible a review of the decision.", "8. On 23 August 2000 the Stockholm office produced a decision replacing the missing decision from September 1997. It noted that the pension decision of 10 February 1995 had been incorrect and that there were thus reasons to review it under chapter 20, section 10 a of the Social Insurance Act (Lagen om allmän försäkring, 1962:381). Having regard to the provisions of the Nordic Convention on Social Security (Nordiska konventionen om social trygghet) and the pension the applicant received from Finland, the office found that the applicant was entitled to a Swedish pension of SEK 776.", "9. The applicant appealed to the County Administrative Court (länsrätten) of the County of Stockholm. Following an oral hearing on 10 May 2001, the court rejected the appeal by a judgment of 30 May 2001. On 24 October 2001 and 17 September 2003, respectively, the Administrative Court of Appeal (kammarrätten) in Stockholm and the Supreme Administrative Court (Regeringsrätten) refused the applicant leave to appeal." ]

[ 1 ]

[ "8. The applicant was born in 1929 and lives in Warsaw.", "9. The applicant’s parents owned a two-storey building in Warsaw. By virtue of the 1945 Decree on the Ownership and Use of Land in Warsaw the Warsaw municipality (and after 1950 the State Treasury) became the owner of all plots of land located in Warsaw. The decree provided for a possibility to obtain the perpetual lease of a plot of land on request. On 23 November 1948 the applicant’s parents filed such a request. At the beginning of the 1950s they were deprived of the right to manage the property and forced to renounce the rent collected from their tenants.", "10. On 5 July 1967 the Board of the Warsaw National Council examined their request lodged in 1948. It refused to grant the applicant’s parents the perpetual use (former perpetual lease) of the land and declared that the building located on that land had become the property of the State.", "11. On 4 December 1967 the Ministry of Municipal Administration dismissed the applicant’s appeal against that decision. It found that the building in question was not a small one-family house, which would qualify it for exclusion from the so-called “communal administration” of properties, provided for by a law adopted in 1957. As the building was covered by that administration, the Ministry considered that granting the perpetual use of the land would have no justification.", "12. On 17 June 1991 the applicant filed with the Ministry of Construction a request for the annulment of the decision of 4 December 1967. On 1 April 1992 the Minister refused the request, considering that the challenged decision had been issued in accordance with the law. The applicant appealed. On 23 July 1993 the Supreme Administrative Court dismissed his appeal.", "13. Subsequently, the First President of the Supreme Court filed with that court an extraordinary appeal against that judgment.", "14. On 7 February 1995 the Supreme Court quashed the 1993 judgment of the Supreme Administrative Court and the decision of the Minister of Construction. It considered that they had relied on the conformity of the 1967 decisions with the “communal administration” of properties, whereas the law providing for such administration had been adopted after the date of lodging the request for perpetual lease and therefore could not apply to the circumstances of the case. The court observed that the 1945 decree obliged the municipality to grant requests for perpetual use of land unless the use of that land by its former owner would be incompatible with its function set forth in the development plan. The Supreme Court pointed out that the organs dealing with the applicant’s request had not examined the issue of such compatibility. It made reference to the constitutionally guaranteed protection of property, pointing out that the applicant’s property had been expropriated on unspecified legal grounds and no compensation had been awarded therefor.", "15. On 24 August 1995 the Minister of Construction, having regard to the Supreme Court’s judgment, declared that the part of the decision of 4 December 1967 concerning those flats in the disputed building which had been already sold by the municipality to their tenants had been issued in breach of the law. However, it was impossible to declare the decision null and void since, under applicable law, if more than ten years had elapsed from the date on which such an unlawful decision had been given, the Minister could only declare that it had been issued in breach of the law. The Minister annulled the remainder of that decision. In consequence, the appellate proceedings in respect of that part of the July 1967 decision were re-opened.", "16. On 23 November 1995 the Warsaw Self-Governmental Board of Appeal quashed the decision of 5 July 1967 and remitted the case for re-examination.", "17. In 1996 the applicant lodged with the Board of Appeal a complaint about the inactivity of the Mayor of Warsaw, who was competent to deal with the case.", "18. On 16 September 1996 the Warsaw-Centre Municipal Office requested the applicant to provide it with a copy of judicial decisions identifying his parents’ heirs. On 3 and on 23 October 1996 the applicant submitted the requested information. On 23 October 1996 three heirs of the former co-owner Ms J.K. declared their wish to join the proceedings. On 30 October 1996 the former co-owner D.K., who had later changed her name to D.Sz., also declared her wish to do so.", "19. On 21 November 1996 the Warsaw-Centre Municipal Office requested the Department of Town Planning and Architecture of the District Office Praga Południe to submit an extract from the town planning scheme concerning the plot under dispute.", "20. Also on 21 November 1996 the Warsaw-Centre Municipal Office informed the applicant about the problems hindering it from taking the requested decision. The first problem consisted in the fact that the applicant’s mother had lodged her request to be granted the right to perpetual use before the State Treasury became officially the owner of the plot. Another difficulty arose from the fact that the heirs of Ms J.K. – the former co-owner of the plot – had not submitted to the Office their legal titles to the ownership. Finally, it was necessary for the Office to obtain the extract from the town planning scheme concerning the plot. In order to clarify the legal consequences arising from the first problem the Office had posed a legal question to the Supreme Administrative Court, asking if the requirements of the 1945 Decree were fulfilled when the request had been lodged before the plot in question came officially into the ownership of the State Treasury. The applicant was informed that as soon as the answer was provided the Office would proceed further with his request.", "21. On 29 November 1996 one of the heirs of the former co-owner presented to the Office a decision stating that the part of the plot belonging to the late Ms J.K. had been inherited by six persons (Ms Z.W., Mr H.K., Mr M.K., Ms T.P., Ms K.F and Ms R.K.). She additionally informed the Office that certain other inheritance proceedings concerning the estate of Ms J.K.’s late heirs were pending.", "22. On 9 December 1996 the Warsaw-Centre Municipal Office received the extract from the town planning scheme concerning the plot.", "23. The examination of the case not having commenced for over a year, the applicant lodged with the Board of Appeal a complaint about the inactivity of the Mayor of Warsaw. On 21 February 1997 the Board of Appeal found the applicant’s complaint well-founded and ordered the Mayor to finish the examination of the case by 31 March 1997.", "24. On 22 February 1997 one of the heirs of the former co-owner Ms J.K. informed the Office that the inheritance proceedings concerning the estate were still pending.", "25. On 30 April 1997 the applicant requested the Office to issue in his case not one but two decisions granting him the right to perpetual use of the plot concerned. He argued that before the plot came into the ownership of the State Treasury, it constituted two separate plots. In consequence, the Office should restore the original legal situation of the property and should issue two separate decisions granting the applicant the right to perpetual use of the separate plots of land.", "26. On 30 April 1997, at the request of the Office, an expert submitted an evaluation report concerning the value of the plot.", "27. On 28 July 1997 one of the heirs of the former co-owner informed the Office that the inheritance proceedings had been terminated. She submitted a copy of the court’s decision of 18 June 1997. The decision awarded the estate to Mr M.K., Mr H.K. and Mr R.A.K.", "28. On 15 September 1997 the applicant submitted to the Municipal Office a copy of a request lodged with the court by a certain Ms H.K. She requested the court to quash the court’s decision of 18 June 1997 in the part concerning the estate of Mr M.K. She argued that already by 2 March 1978 she had been declared his heir.", "29. On 30 September 1997 the applicant requested the Office to grant him the perpetual use but only in regard to a part of the presently existing plot. This part of the plot had earlier constituted a separate plot.", "30. On 16 December 1997 the Warsaw-Centre Municipal Office requested the Deputy Director of the Board of the District Praga Południe to prepare a so‑called “map of legal status” of the plot.", "31. On 29 January 1998 the Supreme Court quashed the decision of 18 June 1997 concerning the estate of Mr M.K. As a result, Ms H.K. inherited the entire estate of the late Mr M.K.\nOn 14 May 1998 the District Office Praga Południe informed the Warsaw-Centre Municipal Office that the lawful division of the building was impossible because it did not possess a mandatory anti-fire wall. In the light of this information the Office decided that an expert opinion should be prepared. On 22 June 1998 the expert submitted the opinion. He stated that the lawful division of the building was possible.", "32. On 16 July 1999 the Municipal Office requested the District Office Praga Południe to issue a decision confirming the division of the plot was possible and an approval of the division of the plot.", "33. On 15 July 1999 the Office requested Ms H.K. to provide it with a copy of the court’s decision which had awarded her the estate of the late Mr M.K. She did so on 30 July 1999.", "34. On 29 July 1999 the Warsaw-Centre Municipal Office informed the applicant and other heirs of the former co-owners that it had instituted ex officio administrative proceedings concerning the division of the plot. It was explained that the decision approving the division of the plot would make it possible to determine the parties’ shares in the co-property and that, in turn, this would make it possible to give a decision conferring the right to perpetual use of the plot. By a letter of 30 July 1999 the parties to the proceedings were requested to appear within a fourteen days time-limit in order to express their opinion concerning the planned division of the plot.", "35. On 18 August 1999 Ms H.K. and on 23 August 1999 Ms Z.W expressed their consent to the division.", "36. Due to the fact that not all persons summoned to do so, including the applicant, had expressed their consent to the planned division of the plot, on 2 September 1999 the Office discontinued the proceedings in its part concerning the division. On 15 September 1999 the applicant appealed against that decision to the Board of Appeal.", "37. On 27 September 1999 the applicant lodged with the Supreme Administrative Court a complaint about the further inactivity on the part of the Mayor and the Office.", "38. On 2 March 2000 that court ordered the Mayor to deal with the case within three months. The court considered that the manner in which the proceedings had been conducted disclosed improper functioning of the administrative authority concerned and a flagrant breach of the provisions of the Code of Administrative Procedure relating to the time-frame within which administrative cases should be dealt with.", "39. On 10 July 2000 the Board of Appeal dismissed the applicant’s appeal against the decision of 2 September 1999 to discontinue the proceedings concerning the division of the plot. On 8 August 2000 the applicant lodged a further appeal against that decision. On 7 January 2002 the Supreme Administrative Court dismissed his appeal.", "40. On 25 July 2000 the Mayor of Warsaw stayed the proceedings concerning the applicant’s request to grant him the perpetual use of the plot of land relying on the fact that the perpetual users of the land had not expressed their consent to division of the property and obliged thereby all heirs to institute civil proceedings in which a court would give a decision on such division. The applicant appealed. On 22 August 2001 the Board of Appeal allowed his appeal and discontinued the proceedings IN SO FAR as they related to the decision of 25 July 2000 to stay the proceedings. The Board of Appeal observed that the decision of the civil court on the division of the estate of the late former owners was wholly unnecessary for the continuation of the administrative proceedings at hand, a decision determining the shares of the heirs in the estate having already been given in the inheritance proceedings.", "41. The applicant appealed against this decision. On 30 September 2003 the Supreme Administrative Court dismissed his appeal, observing that the second-instance decision of 22 August 2001 was in fact favourable to him.", "42. The proceedings concerning the applicant’s request for award of the right to perpetual use of the plots concerned are pending." ]

[ 3 ]

[ "4. The applicant was born in 1951 and lives in Košice.", "5. At the beginning of August 1994 the applicant’s wife left the applicant together with their two children. She sought a divorce from the applicant. Later the girl born to the couple started living with the applicant. The following relevant events occurred and decisions were taken in the case.", "6. On 2 September 1994 the applicant’s wife brought proceedings with a view to determining the parental obligations in respect of the two children born to her and the applicant.", "7. In December 1994 the Košice II District Court appointed a guardian to represent the children in the proceedings. It further requested information about the parents’ income and about the reputation of the plaintiff.", "8. The court heard the parties on 20 January 1995. It decided to obtain further information. The information was submitted in the course of February and March 1995.", "9. On 13 July 1995 the applicant claimed that the court should determine his right to meet his son. He also claimed that the children should be placed in his custody.", "10. On 2 August 1995 the District Court instructed an expert in psychology to submit an opinion. Both the applicant and his wife challenged the decision concerning an advance payment of the expert’s costs. The file was submitted to the Košice Regional Court on 21 September 1995. The Regional Court decided on the appeals on 28 December 1995.", "11. The District Court sent the file to the expert on 7 March 1996. The expert submitted her opinion on 3 April 1996.", "12. On 26 April 1996 the District Court requested further information concerning the income of the parents. It held a hearing on 5 June 1996.", "13. On 10 June 1996 the Košice II District Court decided that the girl born in 1984 should be in the custody of the applicant and the boy born in 1986 in the custody of his mother. It ordered the applicant to pay maintenance in respect of his son with effect from 1 August 1994 and decided on the parents’ right of access to the child in the other spouse’s custody.", "14. On 8 July 1996 the applicant appealed and requested that the case should be dealt with by an appellate court in a different region. On 9 August 1996 the file was submitted to the Regional Court. After the Regional Court judges had made written comments on the applicant’s objection, the file was submitted, on 27 November 1996, to the Supreme Court. On 17 December 1996 the Supreme Court dismissed the request as there was no indication that the Košice Regional Court judges by whom the case fell to be examined lacked impartiality. On 28 January 1997 the Košice Regional Court dismissed the applicant’s request, based on the same arguments, for exclusion of the District Court judge dealing with the case.", "15. On 10 April 1997 the District Court asked the applicant’s employer to update information on the applicant’s income. On 15 April 1997 the District Court transmitted the applicant’s appeal to his wife with a request for comments. After further information was obtained from the plaintiff, the file was transferred to the appellate court on 6 May 1997.", "16. On 2 September 1997 a public prosecutor decided to join the proceedings.", "17. On 15 January 1998 the Košice Regional Court asked an administrative authority for information about the applicant’s son. The authority replied on 16 February 1998.", "18. On 23 February 1998 the Košice Regional Court upheld the first instance judgment to the extent that it concerned the custody of the children and the parents’ right of access to the child placed in the other parent’s custody. It further quashed the District Court’s judgment to the extent that it concerned the maintenance due from the parents and the costs of the proceedings. The Regional Court instructed the District Court to take further evidence, in particular as regards the income of the applicant’s wife. The judgment was served on the applicant on 6 April 1998.", "19. On 31 March 1998 the District Court made inquiries with a view to establishing the income of the parents. Replies were submitted in the course of April 1998.", "20. On 10 September 1998 the District Court scheduled a hearing for 28 October 1998. It further asked for an update on the parents’ income after 1 April 1998.", "21. On 28 October 1998 the Košice II District Court delivered a judgment in which it determined the parents’ obligation to pay maintenance in respect of the child in the other parent’s custody.", "22. On 8 December 1998 the applicant appealed alleging that the first instance court had failed to correctly establish the relevant facts. He further challenged the Košice Regional Court judges.", "23. On 11 January 1999 the District Court transmitted the file to the Regional Court in Košice for a decision on the appeal. On 12 April 1999 the Regional Court heard the applicant with a view to clarifying the contents of his submissions. The applicant informed the court that he maintained both his appeal and the request for exclusion of judges. On 12 May 1999 the file was transmitted to the Supreme Court for a decision on the request for exclusion of judges. The Supreme Court returned the file to the Regional Court on 28 June 1999 with the instruction that the applicant should specify his objection. The applicant submitted further explanation on the issue on 14 July 1999. The file was again sent to the Supreme Court on 13 September 1999 after the Regional Court judges concerned had submitted comments on the applicant’s allegation. The Supreme Court dismissed the applicant’s objection on 4 October 1999.", "24. On 19 October 1999 the Regional Court asked for further information about the parents’ income.", "25. On 20 December 1999 the Košice Regional Court modified the District Court’s judgment of 28 October 1998 in that it ordered the parents to pay specific sums in maintenance of the respective child in the other parent’s custody. The Regional Court further quashed the first instance judgment to the extent that it concerned the payment of the sums which the parents owed in respect of the maintenance of their children for the past period. It instructed the District Court to take further evidence in that respect.", "26. On 24 February 2000 the District Court made inquiries with a view to establishing the relevant facts.", "27. In a judgment delivered on 13 March 2000 the Košice II District Court allowed the applicant and his former wife to pay the outstanding maintenance in respect of their children by monthly instalments. The judgment was served on 28 March 2000.", "28. On 4 April 2000 the applicant appealed.", "29. In the course of May 2000 the District Court obtained further evidence. On 12 June 2000 it submitted the file to the Košice Regional Court.", "30. On 22 January 2001 the Regional Court made inquiries on the parents’ income after 1 May 2000.", "31. On 28 February 2001 the Košice Regional Court upheld the District Court’s judgment of 13 March 2000.", "32. On 14 September 1994 the applicant’s wife sought a divorce from her husband. In December 1994 the Košice II District Court took several procedural steps. On 3 January 1995 the applicant informed the court that he disagreed with the reasons for the divorce as set out in his wife’s claim.", "33. On 1 February 1995 the applicant appealed against the District Court’s decision on appointment of a guardian to represent the interests of his son. The file was transmitted to the appellate court on 21 February 1995. On 27 March 1995 the Košice Regional Court decided to send the case to the District Court as it had interpreted the applicant’s submission as a request for an expert opinion to be ordered. The file was returned to the District Court on 22 June 1995.", "34. On 14 March 1996 the District Court made inquiries about the situation of the parents and their children.", "35. On 16 April 1996 the District Court heard the parents. The applicant stated that he agreed to the divorce and claimed that he should be granted the right to educate the children. On 17 May 1996 the case was adjourned as the parties had not appeared.", "36. Hearings were held on 2 July and on 8 October 1996. On the latter date the applicant challenged the judges of both the District Court and the Regional Court.", "37. On 21 May 1997 the District Court scheduled a hearing for 10 June 1997. On 29 May 1997 the applicant requested that the case should be dealt with by a different judge. On 10 June 1997 the District Court adjourned the case and decided to transmit the applicant’s objection to the Regional Court.", "38. On 27 October 1997 the Košice Regional Court dismissed the applicant’s objection to the District Court judge.", "39. On 19 December 1997 and on 21 January 1998 the District Court judge sought to join to the divorce proceedings file the file related to the paternity rights proceedings. The requested file was not available, as appellate proceedings in that case were still pending.", "40. On 18 March 1998 the District Court made inquiries about the parents’ income.", "41. A hearing was held on 7 April 1998. The case was adjourned as the court decided to obtain further evidence. On 28 April 1998 the case was adjourned due to the absence of the children’s guardian.", "42. On 18 May 1998 the applicant challenged the District Court judge. On 16 July 1998 the Regional Court returned the file to the District Court indicating that the applicant’s objection was similar to that on which it had decided on 27 October 1997.", "43. On 11 September 1998 the applicant informed the District Court that he would not appear at the hearing scheduled for 29 September 1998 as the court had acted contrary to his human rights. The applicant’s wife informed the court that she could not attend. On 29 September 1998 the case was therefore adjourned.", "44. A hearing was held on 28 October 1998. The court decided to obtain further information. The applicant’s representative was absent and the applicant refused to make any statements.", "45. On 17 November 1998 the Košice II District Court granted the applicant and his wife a divorce. It further decided that custody of the son born to the couple in 1986 should be granted to the mother. As to the daughter born to the couple in 1984, the court granted custody to the applicant.", "46. The District Court’s judgment was served on the applicant’s lawyer on 15 December 1998. The applicant filed an appeal against it on 20 January 1999. The plaintiff submitted her observations on 9 February 1999.", "47. On 21 April 1999 the Košice Regional Court rejected the appeal without examining the merits of the case as it had been lodged after the expiry of the fifteen days’ time-limit laid down in the Code of Civil Procedure. It also dismissed the applicant’s appeal against the District Court’s decision of 5 March 1999 on fees for the appellate proceedings." ]

[ 3 ]

[ "8. The applicant was born in 1955 and currently lives in Gambia.", "9. The applicant was convicted of aggravated sexual assault on his then 15 year-old stepdaughter, by a judgment of the District Court (käräjäoikeus, tingsrätten) of Hyvinkää issued on 27 September 1996. He was sentenced to eleven months’ imprisonment and ordered to pay compensation amounting to 30,000 Finnish Marks (FIM; 5,045 euros (EUR)) to the complainant. The case was heard in camera before the District Court and the court documents were ordered to be kept secret until 27 September 2006.", "10. The alleged offence (principally forced oral sex) had taken place repeatedly in the family home over a period of seven weeks beginning on 26 December 1994.", "11. The pre-trial investigation of the alleged offence began when the complainant, i.e. the applicant’s stepdaughter, reported it to the police on 14 August 1996. Earlier the same month, she had mentioned the alleged offence on separate occasions to two confidantes.", "12. The District Court heard the testimony of the complainant and of the aforesaid confidantes, as well as that of the defendant’s wife and of others more distantly connected with certain details pertaining to the matter. The defence disputed that the complainant and the applicant had ever been alone together in the place where the offence was alleged to have occurred. The evidence of the applicant’s wife did not support his claims in this respect.\nThe District Court also had before it a medical certificate issued by the physician who attended to the complainant because of an illness she had. This medical certificate charted the progress of her illness over the period from late 1992 until 1995. Although the physician was unable to draw from his observations any inference concerning the alleged offence, the District Court, according to the applicant, found that the medical certificate supported the complainant’s view in the matter.", "13. On 28 October 1996 the applicant appealed to the Helsinki Court of Appeal (hovioikeus, hovrätten), annexing his wife’s statement in which she changed her position so as to support the applicant. An oral hearing was also requested.", "14. On 26 November 1996, i.e. after the expiry of the time-limit for adducing written submissions to the Court of Appeal pursuant to Chapter 26, section 25 of the Code of Judicial Procedure, the applicant’s ex-wife submitted a letter to the Court of Appeal, retracting her previous submission. She explained that she had instigated divorce proceedings and could now think more clearly about the events.", "15. In its judgment of 1 July 1997 the Court of Appeal, without having held an oral hearing, upheld the District Court’s judgment.", "16. The applicant learned about his ex-wife’s submission of 26 November 1996 and of her changed position from the Court of Appeal’s aforementioned judgment, in which it was stated as follows:\n“[The applicant’s ex-wife] has, in her statement submitted to the Court of Appeal, announced that she wants to retract her earlier written statement which was annexed to [the applicant’s] letter of appeal and which she had, in her view, signed under heavy pressure. Therefore, there is no reason to doubt that her statement given at the District Court was not accurate. It is manifestly unnecessary to request [the applicant’s] comments on the statement. ... Thus, the request to hold an oral hearing is rejected as unfounded.”", "17. On 29 August 1997 the applicant applied to the Supreme Court (korkein oikeus, högsta domstolen) for leave to appeal raising, inter alia, questions concerning the overall evaluation of the evidence and maintaining that the Court of Appeal should not have accepted the withdrawal of the affidavit of 26 November 1996 without giving him an opportunity to comment on the matter. The Supreme Court refused the applicant leave to appeal on 13 November 1997.", "18. After having served his sentence for his offence the applicant was expelled from Finland. The expulsion was enforced in the autumn of 1998." ]

[ 3 ]

[ "9. The applicant was born in 1957 and lives in Tychy, Poland.", "10. He is a member and an employee of a labour co-operative (spółdzielnia pracy).", "11. On 12 April 1991 he filed with the Warsaw Regional Court an action in which he requested the annulment of several resolutions adopted by the assembly of the representatives of the co-operative (walne zgromadzenie). The contested resolutions concerned the co-operative’s finances.", "12. Between 1992 and 1995, in addition to the original claim, the applicant challenged other resolutions relating to the division of the yearly profits of the co-operative.", "13. On 18 November 1992 the court heard two witnesses and ordered an expert opinion.", "14. On 14 May 1993 the applicant extended his claim.", "15. On 9 September 1993 an expert refused to prepare the opinion ordered by the court, relying on the applicant’s alleged lack of co-operation. The applicant submits that that allegation was not confirmed by the court.", "16. At the hearing held on 15 October 1993 the court summoned the applicant to submit documents that could be of relevance to that opinion.", "17. The opinion was submitted to the court in March 1994.", "18. On 3 March 1994 the applicant modified his claim.", "19. On 24 March 1994 the court issued a decision concerning the remuneration of the court expert. The decision was subsequently amended by the Warsaw Court of Appeal.", "20. On 9 May 1994 the applicant extended his claim.", "21. In a letter of 9 August 1994 the President of the Warsaw Court of Appeal admitted that the time-limit for preparing the expert opinion had not been observed by the expert and that there had been periods of inactivity on the part of the Regional Court. On 10 October 1994 the court refused the applicant’s request for exemption from court costs. On 13 December 1994 the Warsaw Court of Appeal upheld that decision.", "22. On 21 October 1994 and 4 April 1995 the applicant modified his claim.", "23. According to the Government, on 19 May 1995 the court held a hearing. The applicant submits that it was adjourned because the defendant had not been duly summoned.", "24. On 23 May 1995 the court dismissed the applicant’s subsequent request for exemption from court costs. On 3 October 1995 the Warsaw Court of Appeal amended in part that decision.", "25. On 7 February 1996 the Warsaw Regional Court held a hearing.", "26. On 21 March and 1 July 1996 the applicant extended his claim.", "27. The Government submit that the hearing scheduled for 4 December 1996 was adjourned, as the parties considered reaching a settlement. The applicant states that the court itself suggested the settlement of the case and gave the parties a time-limit to start negotiations. On 22 January 1997 the defendant informed the court that no settlement had been reached.", "28. On 5 November 1997 the court held another hearing.", "29. On 14 November 1997 it gave judgment in which it dismissed the applicant’s action. The applicant appealed.", "30. On 24 April 1998 the Warsaw Court of Appeal gave judgment. It quashed a part of the first-instance court’s judgment and remitted the case in that part for re-examination. The applicant lodged with the Supreme Court a cassation appeal against the judgment of the Court of Appeal.", "31. On 25 May 2001 the Supreme Court refused to admit that appeal.", "32. Subsequently, pursuant to the judgment of the Warsaw Court of Appeal, some of the applicant’s claims were remitted to the Warsaw Regional Court for re-examination.", "33. On 14 January 2002 the Warsaw Regional Court held a hearing.", "34. On 28 January 2002 it gave judgment in which it dismissed the applicant’s claim. On 14 May 2002 the applicant appealed.", "35. By a final judgment of 4 April 2003 the Warsaw Court of Appeal dismissed the applicant’s appeal." ]

[ 3 ]

[ "7. The applicant, Mr Ion Roşca, is a Moldovan national who was born in 1943 and lives in Chişinău. He was a shareholder in a private bank.", "8. In 1999 he had a disagreement with the bank as to the redemption of two thousand shares and consequently he brought an action against the bank, seeking compensation of 163,422 Moldovan Lei (MDL).", "9. On 21 September 2000 the Râşcani District Court found in favour of the applicant and awarded him MDL 20,000. Both the applicant and the bank appealed against that judgment.", "10. On 14 February 2001 the Chişinău Regional Court dismissed the applicant’s appeal but upheld the bank’s appeal. By its judgment it rejected the applicant’s claim. The applicant lodged an appeal in cassation.", "11. On 17 April 2001 the Court of Appeal upheld the appeal in cassation and by its judgment ordered the bank to pay the applicant MDL 102,653 (the equivalent of 8,959 euros (EUR) at the time). The judgment became final and enforceable on the same date.", "12. In June 2001 the Prosecutor General’s Office filed a request for annulment of the judgment of the Court of Appeal of 17 April 2001, and asked the Supreme Court of Justice to uphold the judgment of the Chişinău Regional Court of 14 February 2001.", "13. On 11 July 2001 the Supreme Court of Justice upheld the Prosecutor General’s request for annulment and quashed the final judgment of the Court of Appeal of 17 April 2001. The judgment of the Chişinău Regional Court of 14 February 2001 became final.", "14. On 22 October 2004, following a request by the Government Agent, the Prosecutor General’s Office applied to the Supreme Court of Justice for the revision of its judgment of 11 July 2001. The application was based on Article 449 (j) of the Code of Civil Procedure (see paragraph 17 below).", "15. On 15 December 2004, by a final decision, the Supreme Court of Justice admitted the Prosecutor General’s revision application and quashed its judgment of 11 July 2001. It found the Prosecutor General’s request justified since inter alia the quashing of the final judgment of the Court of Appeal of 17 April 2001 constituted a breach of the principle of legal certainty and consequently was in breach of Article 6 § 1 of the Convention. The judgment of 17 April 2001 became final again." ]

[ 3, 9 ]

[ "7. The applicants were born in 1954 and 1979, respectively, and live in Suhopolje, Croatia.", "8. On 18 January 1992 the applicants' house in Suhopolje was blown up by unknown perpetrators.", "9. On 17 March 1995 the applicants instituted civil proceedings against the State in the Virovitica Municipal Court (Općinski sud u Virovitici) seeking damages. They based their claim on section 180 of the Civil Obligations Act.", "10. On 14 December 1995 the Municipal Court gave judgment dismissing the applicants' claim on its merits.", "11. On 18 December 1995 the applicants appealed to the Bjelovar County Court (Županijski sud u Bjelovaru).", "12. On 17 January 1996 Parliament introduced an amendment to the Civil Obligations Act (“the 1996 Amendment”) which provided that all proceedings concerning actions for damages resulting from terrorist acts were to be stayed pending the enactment of new legislation on the subject.", "13. On 29 February 1996 the County Court stayed the proceedings pursuant to the 1996 Amendment.", "14. On 14 July 2003 Parliament introduced the Act on Liability for Damage Resulting from Terrorist Acts and Public Demonstrations (“the 2003 Liability Act”).", "15. It appears that the proceedings resumed on 3 October 2003, pursuant to the 2003 Liability Act.", "16. On 4 December 2003 the case was transferred to the Virovitica County Court (Županijski sud u Virovitici) as the appellate court, due to changes in jurisdiction.\nIt appears that the proceedings are still pending." ]

[ 3 ]

[ "8. The applicant was born in 1951 and lives in Krasnoyarsk.", "9. In January 1995 a limited liability company, Telemediaservice (“TMS”), hired the applicant as an accountant.", "10. In 1996 TMS granted the applicant an interest-free loan for the purchase of a Toyota Land Cruiser car. The terms and conditions of the loan were set out in a loan agreement of 10 June 1996 signed by the applicant and the director-general of TMS, Mr Yevseyev. The loan was for 266,847,000 Russian roubles[*] (“RUR”) over a period of eighty-four months. On 13 June 1996 the total amount was transferred directly to the bank account of the car dealer.", "11. On 30 September 1996 the State Road Inspectorate of the Krasnoyarsk Region registered the purchased car in the applicant's name.", "12. According to an undated certificate signed by the new TMS director-general, Ms Yakovleva, the applicant reimbursed seven instalments of RUR 3,200 (after denomination) between June 1996 and January 1997 and one additional instalment of RUR 490 in May 1999, to the total of RUR 22,890.", "13. On 27 November 1998 the Tsentralniy District Court of Krasnoyarsk convicted Mr Yevseyev and the applicant's husband, Mr Frizen, of large-scale fraud. The applicant was a witness at the trial. It was established that the accused, while holding managerial positions in the State telecommunication company MTTS, had founded the TMS company that acted as a broker in the procurement of telecommunication equipment for MTTS. They used the MTTS's funds to make advance payments under the contracts for the purchase of telephones signed by TMS and then sold these telephones to MTTS at inflated prices. The court found:\n“Being managers of MTTS, Frizen and Yevseyev... used their position... to take advantage of the cash flow of [the MTTS] for their personal gain. Moreover, relatives of the defendants were simultaneously employees of the TMS and MTTS and they received a salary from both companies. It was established by the court... that the salary of the TMS employees, loans and dividends were paid out of money that had been taken from [the MTTS]”.", "14. The court noted that the applicant had not shown the loan agreement to the investigator and held:\n“As it was established by the court that the loans for the purchase of cars had been granted to Yevseyev and [the applicant] unlawfully, at the expense of [the MTTS], without appropriate documentation, the court considers it necessary to order forfeiture of the cars as compensation for the damage (обратить в возмещение ущерба)”.", "15. The court sentenced both Mr Frizen and Mr Yevseyev to four years' imprisonment and issued confiscation orders in respect of their property. It also recovered RUR 4,076,387 from them and ordered forfeiture of the TMS company's cash funds and the applicant's and Mr Yevseyev's cars as compensation for the damage.", "16. In December 1997 the applicant's car was seized. On 12 April 1999 certain household items in the applicant's flat were also seized.", "17. The applicant brought a civil action, seeking to lift the seizure order in respect of her household items and the car.", "18. On 23 August 1999 the Oktyabrskiy District Court of Krasnoyarsk granted the applicant's action in respect of the household items but upheld the seizure of the car, finding as follows:\n“The court has established that on 10 June 1996 the TMS company and [the applicant] concluded a loan agreement, by the terms of which [the applicant] was granted a loan of RUR 266,847,000... It is true that, according to the sale certificate of 9 July 1996 and a copy of the vehicle registration card, the car at issue was registered in [the applicant's] name. However, the court considers that the plaintiff's arguments to the effect that she is the legal owner of the car... are unsubstantiated because the judgment of the Tsentralniy District Court of Krasnoyarsk of 27 November 1998... had established that the loan for the purchase of that car had been granted unlawfully and, accordingly, the car had been forfeited as compensation for damage.”", "19. On 6 October 1999 the Civil Division of the Krasnoyarsk Regional Court, on an appeal by the applicant, upheld the judgment of 23 August 1999. The court justified the seizure of the car in the following terms:\n“The [first-instance] court correctly refused [the applicant's] claim... because the circumstances showing that [the applicant] had purchased the car from her own (borrowed) money had not been confirmed... [T]here is no evidence that the borrowed funds were used for the purchase of the car, the loan was only reimbursed from [the applicant's] salary and the last instalment was paid on 1 January 1997”." ]

[ 9 ]

[ "4. The applicant was born in 1968 and lives in St. Petersburg.", "5. On 1 March 1994 a State-owned construction company “Lengidroenergospetsstroy” (промышленное строительно-монтажное объединение «Ленгидроэнергоспецстрой», hereinafter “LenGESS”) and a private investment company “Severo-Zapadniy Soyuz” (АОЗТ ТПК «Северо-Западный Союз», hereinafter “SZS”) signed a contract, pursuant to which the LenGESS undertook to build a block of flats in St. Petersburg and the SZS was to finance the construction in part. By way of consideration, the SZS was to receive title to a certain number of flats in the completed construction. In order to raise funds, the SZS collected money from private investors who were to become the eventual owners of the flats.", "6. In February 1996 the applicant signed a contract for the purchase of a flat with the SZS and paid the stipulated price in full.", "7. It appears that, once the block of flats had been built, the LenGESS refused to transfer the stipulated number of flats to the SZS, claiming that the funding raised by the latter had been insufficient. In December 1997, the SZS sued the LenGESS before the Kuybyshevskiy District Court of St. Petersburg, seeking enforcement of the 1994 contract.", "8. On an unspecified date the applicant lodged two statements of claim against the LenGESS with the Vyborgskiy and the Primorskiy district courts of St. Petersburg, seeking a court order upholding his title to a flat.", "9. On 19 November 1998 the Primorskiy District Court, on a request by the applicant, stayed the proceedings pending the judgment of the Vyborgskiy District Court. It appears that these proceedings have not been resumed yet.", "10. On 24 December 1998 the applicant entered the proceedings before the Kuybyshevskiy District Court as a co-plaintiff against the LenGESS, seeking to obtain title to the flat for which he had paid the stipulated price.", "11. On 23 February 1999 the Vyborgskiy District Court, on a request by the applicant, stayed the proceedings pending completion of the proceedings before the Kuybyshevskiy District Court. It appears that these proceedings have not been resumed yet.", "12. As hearings before the Kuybyshevskiy Court were repeatedly adjourned, on 25 May 1999 the applicant complained about delays to the president of the St. Petersburg City Court. By a letter of 4 June 1999, the president of the St. Petersburg City Court replied that hearings were adjourned because of a substantial backlog of cases and because the judge to which the case had been assigned had gone on vacation. The president advised the applicant to ask the president of the Kuybyshevskiy District Court to transfer the case to another judge.", "13. On 21 June 1999 the applicant requested the president of the Kuybyshevskiy District Court to transfer the case to another judge. On 24 June 1999 the president responded that reassignment was not feasible because of a large number of pending cases and the court's light schedule during the summer.", "14. On 30 June 1999 the applicant complained about delays to the Supreme Court of the Russian Federation, which forwarded the complaint to the St. Petersburg City Court for consideration. On 24 August 1999 a deputy president of the St. Petersburg City Court dismissed the complaint, noting that the problem of delays had to be solved by the Kuybyshevskiy District Court.", "15. On an unspecified date the Kuybyshevskiy District Court fixed a hearing for 24 December 1999, it was subsequently adjourned until 28 February 2000.", "16. On 10 May 2000 the Kuybyshevskiy District Court discontinued the proceedings, finding that it had no jurisdiction to entertain the claim and that the dispute was to be adjudicated by commercial courts.", "17. On 29 June 2000 the St. Petersburg City Court granted appeals by the SZS, the applicant and other co-plaintiffs, quashed the decision of 10 May 2000 and remitted the matter to the Kuybyshevskiy District Court for examination on the merits. It also issued a “special finding” (частное определение) concerning the judge of the Kuybyshevskiy District Court to whom the case had been assigned, in which it noted her manifest failure to observe the rules of civil procedure as regards compliance with procedural time-limits.", "18. On 17 November 2000, 7 February, 23 March and 1 June 2001 hearings before the Kyubyshevskiy District Court were held.", "19. On 28 September 2001 the Kuybyshevskiy District Court of St. Petersburg delivered the judgment. The claims of all plaintiffs were dismissed on the ground that they had never paid any sums directly to the LenGESS.", "20. On 9 October 2001 the applicant, among others, appealed against the judgment of 28 September 2001.", "21. On an unspecified date the Kuybyshevskiy District Court listed an appeal hearing for 13 November 2001 and sent the case-file to the city court. It appears that the district court had not determined certain issues concerning court fees by 13 November 2001 and for that reason the city court had to adjourn the appeal hearing and send the case-file back to the district court. A new appeal hearing was fixed for 21 March 2002.", "22. On 21 March 2002 the St. Petersburg City Court quashed the judgment of 28 September 2001 and remitted the case to the Kuybyshevskiy District Court.", "23. On 29 May, 27 June and 14 September 2002 the Kuybyshevskiy District Court held further hearings.", "24. Meanwhile, on 10 September 2002 the St. Petersburg Commercial Court opened bankruptcy proceedings in respect of the SZS.", "25. On 24 September 2002 the Kuybyshevskiy District Court referred the claim against the LenGESS to the St. Petersburg Commercial Court. It held that the dispute involving legal entities was to be adjudicated by a commercial court.", "26. On 3 December 2002 the St. Petersburg Commercial Court discontinued the proceedings, holding that the matter was to be examined in the bankruptcy proceedings initiated on 10 September 2002.", "27. On 11 March 2003 the Appeals Division of the St. Petersburg Commercial Court quashed the decision of 3 December 2002 and remitted the case to the first instance division for examination on the merits.", "28. On 26 May 2003 the St. Petersburg Commercial Court referred the case to the Kuybyshevskiy District Court, noting that the dispute involved individuals and that it was therefore appropriate for determination by court of general jurisdiction.", "29. On 18 August 2003 the Kuybyshevskiy District Court received the case-file. On 6 October and 23 December 2003 hearings were held.", "30. On 23 December 2003 the court fixed a new hearing date for 2 March 2004. On the same date the applicant complained about further delays to the president of the Kuybyshevskiy District Court.", "31. Between 2 March and 24 December 2004 the Kyubyshevskiy District Court scheduled eight hearings, at least half of them were adjourned for various reasons.", "32. The proceedings are still pending before the district court." ]

[ 3 ]

[ "8. The applicant was born in 1958. He is presently detained in the Bobov Dol prison.", "9. During the 1975‑88 period the applicant was convicted six times of various offences: theft, car theft, deserting military duties and possession of narcotic drugs.", "10. In 1988 the applicant fled Bulgaria to Austria, travelling through the former Yugoslavia and Italy on a Yugoslav passport. The applicant submits that he left Bulgaria on 25 June 1988, but according to the Pernik District Court's judgment of 30 October 1989 (see paragraph 15 below) he committed a rape on 13 July 1988 and an attempted rape on 3 September 1988, both offences taking place in Bulgaria. In 1990 the applicant settled in the United States of America, where he lived until 1999.", "11. On 13 September 1988 criminal proceedings were opened against the applicant on charges of rape. There is no indication – and it has not been argued by the Government – that the applicant was notified of the proceedings.", "12. On 16 November 1988 the proceedings were stayed, most probably because the applicant was abroad. The proceedings resumed on 29 June 1989 and thereafter were conducted in the applicant's absence.", "13. On 7 September 1989 the Pernik District Prosecutor's Office submitted an indictment against the applicant to the Pernik District Court.", "14. The court held a hearing on 30 October 1989. The applicant was represented by an ex officio counsel, as mandated by Article 70 § 1 (6) of the Code of Criminal Procedure (“the CCP”).", "15. In a judgment of 30 October 1989 the Pernik District Court found the applicant guilty of rape and attempted rape and sentenced him to ten years' imprisonment. The court found that on 13 July 1988 the applicant had decoyed a Mrs D.K., who vaguely knew him, into following him into a house, where he had threatened and beaten her into having sexual intercourse with him. The court also found that on 3 September 1988 the applicant had decoyed, in a similar manner, an acquaintance of his, a Ms S.V., had likewise threatened and heavily beaten her and had cut her with a knife. She had, however, managed to break out, thus avoiding sexual intercourse with the applicant. The court based its findings of fact on the testimony of Mrs D.K., Ms S.V., Mrs D.K.'s husband, two other witnesses, medical reports and other written evidence, including two notes written by the applicant himself.", "16. No appeal having been lodged against the judgment, it came into force on 14 November 1989.", "17. On 16 January 1997 the Pernik District Court's case‑file, containing all documents relevant to the proceedings, was destroyed. Only a copy of the judgment was kept in the archive of the court.", "18. On 21 November 1989 the Pernik District Prosecutor's Office transmitted a copy of the judgment to the police with a view to the applicant's apprehension for the purpose of enforcing his sentence. The letter accompanying the judgment stated that the applicant was believed to be in Austria, but his exact whereabouts were unknown.", "19. On 25 April 1990 the Pernik District Prosecutor's Office sent a copy of the judgment to the Chief Prosecutor's Office with a view to the applicant's extradition from Austria. On 14 May 1990 the Chief Prosecutor's Office wrote back to the Pernik District Prosecutor's Office, stating that the legal cooperation treaty between Bulgaria and Austria contained no provisions for assistance in criminal cases, and that therefore there was no possibility to request the applicant's extradition from Austria.", "20. On 22 September 1992 the Pernik District Prosecutor's Office sent a second copy of the judgment to the police with instructions to enforce it in the event the applicant returned to Bulgaria.", "21. On 9 November 1995 the police issued a nation‑wide search warrant for the applicant. Interpol was also requested to establish the applicant's whereabouts, apparently to no avail.", "22. In November 1999 the applicant came back to Bulgaria, to visit relatives.", "23. On 18 February 2000 he went to a police station in Pernik to renew his driver's licence. The same day he was arrested and taken to a prison facility to start serving his sentence.", "24. On 1 June 2000 the applicant filed with the Pernik District Prosecutor's Office a request for release. He argued that the ten‑year limitation period for the enforcement of his sentence had expired in 1999.", "25. On 9 June 2000 the Pernik District Prosecutor's Office rejected the request, holding that the ten-year limitation period had been interrupted on several occasions and had therefore not expired. The latest interruption had taken place on 22 September 1992, which was less than ten years before the day of the applicant's arrest.", "26. The applicant appealed to the Pernik Regional Prosecutor's Office.", "27. On 11 August 2000 the Pernik Regional Prosecutor's Office dismissed the appeal, holding that actions had been undertaken for the enforcement of the applicant's sentence in 1992 and in 1995. Therefore, the running of the limitation period had been interrupted and a new period had started to run in 1995, due to expire on 9 November 2005.", "28. The applicant appealed to Sofia Appellate Prosecutor's Office, submitting that the actions which had been undertaken during the 1989‑2000 period had not in fact had the effect of interrupting the running of the limitation period.", "29. On 27 October 2000 the Sofia Appellate Prosecutor's Office dismissed the appeal, holding that the running of the limitation period for the enforcement of a sentence was interrupted by every act of the competent authorities aimed at its enforcement. These acts could be legal acts, or organisational, or technical acts. During the 1989‑2000 period the competent authorities had undertaken a number of acts for enforcing the applicant's sentence. In particular, a copy of the judgment had been sent to the police in 1992 and a nation‑wide search warrant had been issued for the applicant in 1995. These had had the effect of interrupting the running of the limitation period.", "30. The applicant appealed to the Supreme Cassation Prosecutor's Office.", "31. On 20 December 2001 the Supreme Cassation Prosecutor's Office dismissed the appeal, holding that the running of the limitation period had been interrupted on several occasions and that therefore it had not expired as of 18 February 2000.", "32. In the meantime, in February 2001, the applicant lodged with the Supreme Court of Cassation a request for the reopening of the 1988‑89 criminal proceedings against him on the basis of Article 362a of the CCP. He also argued that the limitation period for the enforcement of his sentence had expired and requested release on that basis.", "33. The Supreme Court of Cassation rejected the request in a judgment of 19 July 2001. It held that the request was partly inadmissible and partly ill‑founded. The applicant's request for reopening and rehearing of the case was inadmissible, since that could not be done, the case‑file having been destroyed in 1997. Whether the case‑file had been destroyed in accordance with the relevant rules was immaterial, the fact remained that as a result, a rehearing was impossible in practice. Insofar as the applicant could be understood as requesting reopening, quashing of the conviction and suspension or discontinuation of the proceedings, that request was ill‑founded, as it had not been established that at the time of the trial there had existed grounds for suspension or discontinuation of the proceedings. As to the applicant's request for the application of the statute of limitations, it was inadmissible, as the Supreme Court of Cassation had no primary jurisdiction in such matters.", "34. On 21 August 2002 the applicant requested the president of the Pernik District Court to restore the case‑file of the 1988‑89 criminal case against him. It seems that he has received no reply to his request." ]

[ 2 ]

[ "8. The applicants, Mr Zülfi Akkum, Mr Hüseyin Akan and Mrs Rabia Karakoç, are Turkish citizens of Kurdish origin and were born in 1944, 1928 and 1930 respectively. They are the father, brother and mother of Mehmet Akkum, Mehmet Akan and Derviş Karakoç, who were killed, allegedly by members of the security forces, on 10 November 1992. At the time of their deaths the applicants’ relatives were respectively 29, 70 and 33 years of age.", "9. The facts of the case, particularly concerning events which took place on 10 November 1992, are disputed by the parties.", "10. The facts as presented by the applicants are set out in Section B below (paragraphs 12-29). The Government’s submissions concerning the facts are summarised in Section C below (paragraphs 30-34). The documentary evidence submitted by the applicant and the Government is summarised in Section D (paragraphs 35-97).", "11. The Commission, in order to establish the facts disputed by the parties, conducted an investigation with the assistance of the parties, pursuant to former Article 28 § 1 (a) of the Convention. It appointed three delegates who took evidence in Ankara from 10 March 1997 to 13 March 1997. They interviewed the second and the third applicants as well as the following 17 witnesses: Abdurrahman Karakoç, Güllü Güzel-Karakoç, Zeliha Karakoç, Hayriye Karaman, Hacire Ceylan, Hüseyin Yılmaz, Alaattin Aydın, Koray Türkan, Nihat Turan, Ömer Faruk Köksal, Hüseyin Bakır, Ersan Topaloğlu, Mürşit Yılmaz, Muhammed Özdemir, Tuncer Arpacı, Murat Koç and finally Ramazan Dal. A summary of the oral evidence given by these witnesses is found in Section E below (paragraphs 98-174).\nThe first applicant, Zülfi Akkum, and Hediye Akelma Akodun were also summoned but did not appear before the Commission’s delegates. Mr Akkum’s lawyer explained that Zülfi Akkum feared for his life and that for that reason he did not want to give evidence before the delegates. Hediye Akelma Akodun, an alleged eye-witness to the events in question whose name was put forward by the applicants, also did not wish to give evidence before the delegates. She did not give any reasons for this. Finally, Mehmet Güranioğlu, who was the mayor of the town of Dicle at the relevant time and whose name was put forward by the applicants, failed to appear before the delegates.", "12. The applicants Zülfi Akkum and Hüseyin Akan are from the village of Kurşunlu, located within the administrative jurisdiction of the district of Dicle, near Diyarbakır. Rabia Karakoç is from the hamlet of Kayaş in the village of Kırkpınar, which is also in the Dicle district.", "13. The village of Kurşunlu and the hamlet of Kayaş are located in a fairly mountainous region and approximately 45 minutes’ walk from each other. Close to Kurşunlu village and about an hour’s walk from Kayaş is the Kurşunlu plain. This plain is completely flat with very little growth. It is surrounded, however, by mountains, which are forested in part. The plain and the surrounding mountainside were used by the Kurşunlu villagers for grazing their animals. To the north of the Kurşunlu plain, about two and a half hours’ walk from Kayaş, is the village of Çevrecik. To the south-east of Kurşunlu village is the village of Kelekçi, where on 10 November 1992 security forces burned down the houses of nine villagers, including that of the village headman (muhtar) Hüseyin Akdıvar (see Akdıvar and Others v. Turkey, judgment of 16 September 1996, Reports of Judgments and Decisions 1996-IV).", "14. On 10 November 1992 Zülfi Akkum was muhtar of Kurşunlu village. His son Mehmet did not live permanently in the village with him; however, on 10 November, Mehmet was on one of his visits to the village. As it turned out, while Mehmet was in the village it fell to him to undertake his duties as a shepherd according to the village rota. There were four villagers in all assigned to look after the animals belonging to the villagers: Mehmet Akkum, Mehmet Akan and two women, Hacire Ceylan and Hediye Akodun.", "15. At around 8 or 9 a.m. on 10 November Mehmet Akan and Mehmet Akkum left Kurşunlu village together to take the village animals out to graze on and around the Kurşunlu plain. Almost immediately after they had left the village, the two women shepherds also left Kurşunlu village with their herds to go to the Kurşunlu plain. The two Mehmets took their herds up onto the mountainside surrounding the plain, whereas the two women stayed with their herds on the plain so that the herds would be kept separate.", "16. They had not been on the plain for long when it became clear that a military operation was going on. As the two Mehmets were on the mountainside, they came across the path of the soldiers first. They were surrounded by soldiers who had hidden on the mountainside.", "17. Hacire and Hediye were on the plain when they realised that there was an operation going on and that the soldiers were hidden throughout the surrounding mountainsides. They came across the soldiers when they were close to the edge of the plain. Some of Hacire’s goats had begun to wander away from the plain into the forested area on the mountainside. Hacire had pursued the goats to prevent them from going into the shrubbery as she feared she would lose sight of them on account of her poor eyesight.", "18. However, at the edge of the forested area, two soldiers stopped Hacire. They told her and Hediye to forget about the animals and to go away from the plain and go home. Hediye began to leave but Hacire insisted that she wanted to get her goats before she returned to the village. Her protests to the soldiers earned her a beating from the soldiers with their rifle butts. Eventually Hacire gave in and turned around to follow Hediye in the direction back to the village. After they returned to the village they told Hüseyin Akan that they had seen Mehmet Akan, who had been calling out as he was being hit by the soldiers. Mehmet Akan and Mehmet Akkum were last seen alive on the mountains, where there were a large number of soldiers.", "19. As the two women were crossing the length of the plain to return home, they came across Derviş Karakoç, who was on his horse with his two children. His mother, Rabia Karakoç, his wife Güllü, his sister Hayriye Karaman and finally Zeliha Karakoç, a relative, were following him on foot. They were going to the village of Çevrecik to visit their relatives.", "20. Derviş passed by Hacire and Hediye on the horse but Hacire and Hediye stopped the women, one of whom they knew to be Rabia Karakoç. They told Rabia that she should not continue her journey any further, that there were soldiers everywhere and that Derviş might be arrested by the soldiers. Derviş, meanwhile, had halted the horse 10 or 15 metres further along the path and had called back to see what had happened to hold up the party of women. When his mother told him what the women had said about the soldiers, Derviş replied that it would be all right.", "21. However, at that moment the soldiers who had told Hacire to go home came out from the edge of the forested area and approached Derviş. They told him to dismount from his horse and to show his identity card. Derviş dismounted and handed the children to his wife and to his mother. He tried to hand over the horse but the soldiers prevented him from doing so. The soldiers looked at Derviş’s identity card and put it back in his pocket. The soldiers then took hold of him from either side and led him towards the mountainside. The women were left watching.", "22. The soldiers hit Derviş on his shoulder with their rifle butts. There was then a single pistol shot and almost immediately afterwards firing began to take place from all around the plain. Rabia saw a flame hitting her son Derviş. There was dust everywhere as bullets caused the dust from the plain to rise. The women, terrified, ran to take shelter and returned to their village. They were not able to approach Derviş’s body before the continuous firing began.", "23. The women returned to their own villages. On the next day Rabia went to Kurşunlu village to see if anyone would accompany her to look for her son. However, nobody would accompany her. The villagers had already tried in the morning to approach the area of the plain to look for Mehmet Akan and Mehmet Akkum, who had failed to return to the village the previous evening, but had only seen a multitude of animal corpses and had returned to the village before completing their searches for the two Mehmets.", "24. Rabia spoke to Zülfi Akkum’s wife but Zülfi himself had gone to the town of Dicle to make enquiries about his son. Hüseyin Akan had gone with him to enquire about the fate of his brother. They wanted to know what had become of them after the soldiers had surrounded them on the hills by the plains. They met Mehmet Güranioğlu, the mayor of Dicle, who went with them to Dicle central gendarme station. A lieutenant-colonel told them that the soldiers had not yet returned. They stayed in Dicle that night.", "25. The following morning, on 12 November, they went to the office of the Dicle public prosecutor. When they telephoned the village at around midday there was still no word about the fate of the two Mehmets. However, when they telephoned again at 2.30 p.m. they were told that the bodies of Mehmet Akan and Derviş Karakoç had been found. They informed the prosecutor and asked him to send a car to collect the bodies. Zülfi returned to the village to collect the bodies.", "26. The villagers had found the body of Derviş where he had been killed and the body of Mehmet Akan on the slopes surrounding the Kurşunlu plain. The corpse of Derviş’s horse was also on the plain. There were several dead animals around, as well as spent cartridges.", "27. The villagers took the bodies of Mehmet Akan and Derviş Karakoç to their respective villages. Zülfi arrived by taxi to take the bodies to Dicle so that autopsies could be conducted.", "28. Zülfi Akkum did not learn of the fate of his son until 16 November, when he went to the police headquarters in the city of Elazığ. On 14 November he had been told by a gendarme captain that two bodies had been found in Elazığ and that one of them might be that of his son. While at the police headquarters he was shown the photographs of two bodies, one of which was that of his son, Mehmet. The body was severely wounded and his ears had been cut off. The skin on his upper left arm had been cut away.", "29. When the necessary legal formalities had been completed, Zülfi Akkum collected the body, which had been exhumed from the Elazığ cemetery where it had been buried because no one had claimed it. He took the body back to the village for burial.", "30. On 10 November 1992 the gendarme forces of Elazığ carried out a military operation against the militants of the PKK near the village of Bukardi, in Elazığ. Mehmet Akkum died during the fighting which broke out between the armed militants of the PKK and the security forces. Several documents from the PKK, ammunition for firearms and stocks were seized at the site of the incident.", "31. Proceedings which had been instituted against Mehmet Akkum by the public prosecutor of the Kayseri State Security Court were discontinued after his death.", "32. Also on 10 November 1992, a violent clash broke out near the village of Arıcak between the gendarme forces of Dicle and the armed militants of the PKK. Mr Karakoç and Mr Akan died during this clash.", "33. At the end of the preliminary investigation instituted in respect of the killing of the three persons, an indictment was filed with the Kayseri State Security Court on 19 August 1994. Seven gendarme soldiers and officers were charged with the offence of killing more than one person.", "34. The criminal case was transferred to the Military Court attached to the 8th Army Corps of Elazığ (the “Military Court”). Unsuccessful efforts were made by that court to trace the applicants and the witnesses named by them. It was only possible to trace two of those witnesses, who subsequently denied having been eyewitnesses to the events. On 21 December 1995 the Military Court acquitted the gendarmes of the killing of the applicants’ relatives.", "35. The following information appears from the documents submitted by the parties.", "36. A handwritten on-site report of a military operation was drawn up and signed by seven gendarme officers and soldiers on 11 November 1992. At the top of the document is a reference to the so-called Sancak-1 Operation Plan of 8 November 1992. A copy of this plan has not been made available to either the Commission or the Court.", "37. The report states that four gendarme commando teams from Elazığ, two gendarme commando teams from Palu, four gendarme commando teams from Alacakaya, three gendarme commando teams from Kovancılar, four gendarme commando teams from Arıcak, one gendarme team from Üçocak, one gendarme team from Arıcak and a number of gendarme commando teams from Dicle began a planned military operation at 3 a.m. on 10 November 1992. The operation was codenamed Sancak-1.", "38. At 6.30 the same morning an armed clash began on the Payidar hills, near the village of Bukardi, at coordinates (00, 59), between a group of terrorists and four gendarme commando teams from Arıcak. The clash continued intermittently until 6 p.m. that day. In the course of the clash the soldiers returned fire at the terrorists, who were hiding behind a herd of animals owned by villagers from Kurşunlu village and were firing at the soldiers. A number of animals were killed during the clash.", "39. A body was found during the search that was carried out at dawn the following morning by the soldiers. It was deemed by the soldiers to be that of a person assisting and harbouring the terrorists. There were no identity documents on the body. During the search, the soldiers also recovered a number of spent cartridges, including five spent G3 rifle cartridges, 11 spent Kalashnikov rifle cartridges and 136 spent BKC rifle cartridges.", "40. A shelter was also discovered at coordinates (00, 59) and was destroyed by the soldiers, together with the food hidden in it. There were no casualties among the soldiers who took part in the operation which ended at 1.30 p.m. on 11 November 1992.", "41. It appears that this on-site report was typed up at a later stage. Both versions of the report were submitted to the Commission. However, there are two contradictions between the handwritten and the typed version. According to the typed version of the report, four gendarme commando teams from Palu participated in the operation, whereas according to the handwritten version, only two such teams from Palu took part. Also, according to the handwritten report, four gendarme commando teams from Alacakaya participated in the operation but the typed version makes no reference to the teams from Alacakaya.", "42. Both reports and the spent cartridges found in the operation area were handed over to the Palu public prosecutor’s office on 20 November1992 by Captain Mürşit Yılmaz, commander of the Arıcak gendarme headquarters.", "43. Another military report was drawn up and signed on 11 November 1992 by four persons, including Colonel Hüseyin Yılmaz (see paragraphs 113 to 124 below). This report was sent to a number of authorities, including the office of the Ministry of the Interior. It states that the body found after the operation was that of a person who was either a member of the terrorist organisation or was harbouring members of that organisation. The body was later handed over to the public prosecutor in the town of Palu for the establishment of its identity and for an autopsy to be carried out.", "44. This report contradicts both the handwritten and the typed versions of the on-site operation report. According to the report, one gendarme commando team from Palu, four gendarme commando teams from Alacakaya and three gendarme teams from Arıcak took part in the operation. It makes no reference to the gendarme team from Üçocak but states that two gendarme teams from Karakoçan, which were not mentioned in either of the versions of the earlier report, participated in the operation. Furthermore, according to this report, the coordinates of the terrorist shelter were (97, 59) and not (00, 59) as stated in the on-site report.", "45. A body examination report was drawn up and signed on 12 November 1992 by Mr Nihat Turan, the public prosecutor of Palu, and Dr Alaattin Aydın.", "46. The report states that the body was that of a man of approximately 30 to 35 years of age. Both ears were missing and there was an entry hole above the stomach and another one on the right side of the back of the body. A bullet had entered the left hand and had exited. There were also a large number of other injuries, possibly caused by shrapnel, as well as a 10‑centimetre-long bullet injury with burn marks. The doctor established the cause of death as shooting. As the cause of death was thus established, it was decided not to carry out a full autopsy.", "47. There were no documents on the body to help establish its identity. It was subsequently buried after a burial licence had been issued by the Palu public prosecutor on 12 November 1992.", "48. On 13 November 1992 Zülfi Akkum, the first applicant, submitted a petition to the public prosecutor’s office in the town of Dicle, near Diyarbakır. He informed the prosecutor that his son Mehmet Akkum and another villager, Mehmet Akan, had taken their animals out to graze early in the morning on 10 November 1992 and that they had failed to return to their homes in the evening. The villagers had been scared to look for them since there were soldiers everywhere. However, on 12 November 1992 he and a number of his fellow villagers had gone to look for the two missing persons and they had found the bodies of Mehmet Akan and Derviş Karakoç, the latter with his hands tied behind his back. Zülfi Akkum asked the prosecutor to assist him in bringing the bodies into the town.", "49. On 13 November 1992 Ali Akan, the son of Mehmet Akan, and Musa Karakoç, a cousin of Derviş Karakoç, each submitted a petition to the Dicle public prosecutor and informed him that their relatives had been killed by members of the security forces. They asked the prosecutor to carry out autopsies on the bodies.", "50. On 13 November 1992 İbrahim Engin, the public prosecutor of Dicle, and Dr Koray Aydın carried out external examinations of the bodies of Mehmet Akan and Derviş Karakoç. During the examination, Mehmet Akan’s son identified his father’s body and a cousin identified Derviş Karakoç’s body. According to the report, the cause of death of Mehmet Akan, who was 66 years of age, was a bullet which had entered from behind the right ear and had exited above the left ear. The death of Derviş Karakoç, who was 25 years of age, had been caused by nine bullets which had entered and exited the trunk of his body. As the causes of the deaths were established it was decided not to carry out full autopsies on the bodies.", "51. The applicants’ lawyers submitted to the Court a report which was prepared on 7 July 1993 by Dr Peter Vanezis, a forensic expert at the Charing Cross and Westminster Medical School in London. The findings of this report were based on a number of photographs of the bodies of Mehmet Akkum and Mehmet Akan.", "52. Dr Vanezis’ report lists the extensive injuries to the body of Mehmet Akkum, which include grazes and bruises to the face, mutilation of both ears, a collection of bruises to the front of the neck, extensive bruising to the left lower chest and abdomen, and a circular hole in the right armpit. It was also recorded in this report that, after death, skin had been excised from the chest, the upper abdomen, the left upper arm, and the back of the left hand. Dr Vanezis concluded that the injuries to the trunk could have been caused by a number of blows to this region with a long, possibly rounded, stick or bar. Furthermore, kicking or stamping on this region could not be ruled out. Such impacts in this area could have resulted in a rupture of the spleen, which was likely to have been fatal without prompt medical attention. The injuries to the face could have been due to blows, possibly from a fist. Dr Vanezis further observed a gunshot entry wound on the upper part of the left ear of Mehmet Akan, the firearm having been discharged close to the head.", "53. On 16 November 1992 Zülfi Akkum was shown a photograph of the body which had been buried by the authorities in Elazığ (see paragraph 47 above). Mr Akkum identified the deceased person as his son Mehmet Akkum. The following day the body was handed over to him at the cemetery.", "54. On 17 November 1992 Major Ersan Topaloğlu, the commanding officer of the Dicle gendarme command, informed the prosecutor’s office in Dicle that the place where the bodies of Mehmet Akan and Derviş Karakoç had been found was within the jurisdiction of the town of Arıcak. Major Topaloğlu further informed the prosecutor that he had understood from radio communications that a planned operation had been carried out in the area where the bodies had been found.", "55. On 25 November 1992 Güllü Karakoç and Rabia Karakoç made detailed statements to the Diyarbakır branch of the Human Rights Association and described their eyewitness account of the events leading up to the killing of Derviş Karakoç. On 26 November 1992 Hüseyin Akan and Zülfi Akkum also gave statements to the Human Rights Association.", "56. On 23 December 1992 the Palu public prosecutor Nihat Turan examined the documents relating to the preliminary examination and decided that he lacked jurisdiction to investigate the killing “on 9 November 1992 of an unidentified terrorist during the clash between members of the PKK and soldiers on the Payidar hills”. Mr Turan sent this decision to the prosecutor’s office at the Kayseri State Security Court.", "57. On 30 December 1992 the prosecutor at the Kayseri State Security Court returned the decision to Mr Turan and asked him to complete the investigation file, enclose the photographs of the body and then send the file back.", "58. On 8 January 1993 Mr Turan asked the Arıcak gendarme headquarters if there were any photographs of the body at the headquarters.", "59. On 18 February 1993 the Elazığ chief public prosecutor sent Mr Turan the documents concerning the establishment of the identity of the body of Mehmet Akkum (see paragraph 53 above).", "60. On 24 February 1993 Mr Turan informed the prosecutor at the Kayseri State Security Court that the name of the dead person was Mehmet Akkum.", "61. On 10 March 1993 Mr Turan, notwithstanding the information he had received from the Elazığ chief public prosecutor on 18 February 1993, asked the commander of the Arıcak gendarme headquarters whether any photographs of the body of the “unidentified terrorist who had been killed on 9 November 1992” had been taken.", "62. On 17 March 1993 the commander of the Arıcak gendarme headquarters informed Mr Turan that no operation had been conducted on 9 November 1992 and that no bodies had therefore been recovered. An operation had, however, been conducted on 23 January 1993, during which a terrorist had been killed, but the soldiers had not had an opportunity to take any photographs of the body.", "63. On 29 March 1993 Mr Turan, apparently in response to a request from the Dicle prosecutor, informed the latter that the previously unidentified body had finally been identified as that of Mehmet Akkum.", "64. On 30 March 1993 Mr Turan sent to the Kayseri State Security Court the operation reports obtained from Arıcak gendarme headquarters.", "65. On the same day Mr Turan, despite his previous discovery of the identity of Mehmet Akkum’s body, continued his efforts to identify “the dead terrorist” and sent a letter to the Elazığ police headquarters enquiring whether the latter had any photographs of the body in their files. Mr Turan then described the body in his letter.", "66. Also on the same day Mr Turan sent another letter to the commander of the Arıcak gendarme headquarters and informed the latter that in his letter of 10 March 1993 (see paragraph 61 above) the date of the operation had been mistakenly referred to as 9 November 1992. Mr Turan then asked the commander whether any photographs existed of the body of the terrorist who “was killed during the operation on 9 November 1992”.", "67. On 3 April 1993 the commander of the Arıcak gendarme headquarters informed Mr Turan that no operation had taken place on 9 November 1992 but that a body had been recovered on 11 November 1992 following an armed clash. He did not, however, have a photograph of this body.", "68. On 8 April 1993 the Elazığ police headquarters sent Mr Turan a copy of the photograph of the body and informed him that the body had already been identified on 16 November 1992 as that of Mehmet Akkum.", "69. On 19 April 1993 Mr Turan sent a letter to the registry office for births, marriages and deaths, asking it to “register the death of the terrorist Mehmet Akkum”.", "70. On 14 May 1993 Mr Turan took another decision declining jurisdiction and sent the file to the Kayseri State Security Court. The offence in question was referred to in this decision as “the killing of Mehmet Akkum, a terrorist, during an armed clash that took place between the PKK and the security forces on 9 November 1992”.", "71. On 21 May 1993 the chief public prosecutor at the Kayseri State Security Court, who was now entrusted with the duty of investigating the killing of Mehmet Akkum, referred to the above-mentioned decision of non- jurisdiction and decided not to prosecute Mehmet Akkum since he was dead. In this decision the deceased was referred to as “the suspect”.", "72. It appears from the documents submitted to the Commission by the Government that both on 22 October 1993 and on 3 November 1993 the Ministry of Justice’s International Law and Foreign Relations Directorate (“the Directorate”) requested information from Mr Turan and from the prosecutor at the Kayseri State Security Court about the investigation into the killings. The Directorate required this information in order to be able to prepare the observations which would be submitted to the European Commission of Human Rights.", "73. On 10 November 1993 Mr Turan sent four letters to his opposite number in Dicle and requested the latter to contact the Dicle gendarme headquarters and ask for any documents that might exist concerning the killings. Mr Turan also informed the Dicle prosecutor of the petitions submitted by relatives of the deceased persons a year previously (see paragraphs 48 to 49 above), and asked him to obtain information from these relatives about the killings.", "74. On 25 November 1993 the prosecutor at the Kayseri State Security Court informed the Directorate about the decision not to prosecute Mehmet Akkum taken by his office on 21 May 1993 (see paragraph 71 above), and further informed the Directorate that that decision had concluded the investigation into the killing of Mehmet Akkum. The decision had not been communicated to the complainants as there had not been any. Furthermore, no one had been questioned as the file contained no names of witnesses.", "75. By letter of 3 December 1993 Mr Turan informed the Directorate that his office was still continuing the investigation into the killings of Mehmet Akan and Derviş Karakoç, that he had not had yet been able to establish the identities of the soldiers who had participated in the operation and that he was also trying to obtain information from possible eyewitnesses. It appears from this letter that Mr Turan had not been informed about the decision not to prosecute taken by the prosecutor at the Kayseri State Security Court, which had concluded the investigation into the killing of Mehmet Akkum.", "76. On 16 December 1993 the Dicle prosecutor, further to the request by Mr Turan (see paragraph 73 above), took a statement from Zülfi Akkum. Mr Akkum confirmed that the day after the killings he had informed the Dicle governor and also the Dicle gendarme commander about the killings and had tried to obtain information as to how they might have occurred.", "77. In response to Mr Turan’s request of 10 November 1993 to find the relatives of the deceased men (see paragraph 73 above), the authorities made unsuccessful attempts to find a certain Musa Karakuş (sic) and a certain Ali Alkan (sic). These attempts continued until 7 March 1994.", "78. Between 3 August 1994 and 1 November 1995 the investigation carried out by the authorities in Dicle and Palu was limited to the tracing of the relatives of the deceased persons. It was recorded in a letter of 10 October 1994 that it had not been possible to find these relatives since the villages where they used to live had been evacuated a year previously as a result of intense pressure from the PKK.", "79. On 13 and 14 October 1994 Hüseyin Akan and Rabia Karakoç made further statements to the Human Rights Association in Diyarbakır and stated that they still had not been questioned by any authorities in relation to the killing of their relatives.", "80. It appears from a document drawn up on 7 November 1995 by the Elazığ chief prosecutor’s office and addressed to the Directorate that the seven gendarme officers who had signed the military report of 11 November 1992 (see paragraph 36 above) were indicted on 19 August 1994 for the killing of the applicants’ three relatives.", "81. It also appears from the same document that the Elazığ Assize Court, before which the seven gendarmes were indicted, decided on 22 June 1995 that it lacked jurisdiction to try the gendarmes and sent the file to the Military Court. The Government have not sent the Commission or the Court copies of the indictment or of the decision of non-jurisdiction taken by the Elazığ Assize Court.", "82. The Military Court was unable to contact and summon the applicants during the trial because they could not be found. It appears, however, that it was possible to locate Hacire Ceylan and Hediye Akodun, the village shepherds (see paragraph 14 above), and take statements from them during the trial.", "83. Hacire Ceylan stated in her testimony given on 17 May 1995 that on the day in question she had been grazing her animals outside her village when soldiers had told her that they were carrying out an operation and asked her to return to her house. She had complied with this request. She had not seen soldiers beating up Mehmet Akan or any other person.", "84. Hediye Akodun stated in her testimony given on 23 May 1995 that she was not aware of any military operation having taken place, of the killing of Mehmet Akan or of the killing of the other two persons.", "85. In the course of the trial the seven defendants, by then all working at different places around the country, all informed the Military Court that they did not wish to appear before it to testify. The Military Court, accepting their wishes, sent letters rogatory to criminal courts in the towns where the defendants were working and asked these courts to take statements from the defendants. The statements were subsequently forwarded to the Military Court.", "86. With the exception of Şaban Bozkurt, the defendants all confirmed that an operation had taken place on 10 November 1992. Şaban Bozkurt had been on duty elsewhere on the day of the operation.", "87. The defendants stated that they had returned fire when a group of terrorists had opened fire on them. The defendants did not know who had actually shot the three persons since approximately 250-300 soldiers had taken part in the operation.", "88. Adem Kolukısa, one of the seven defendants, stated in his testimony of 5 May 1995 that he had personally seen two bodies and that he had also heard from his fellow soldiers that there was another body. The bodies he had seen were those of two men of approximately 30-35 years of age.", "89. Recep Tombak stated in his testimony of 23 May 1995 that he and his fellow soldiers had seen the three bodies the day after the operation.", "90. Tuncer Arpacı, another defendant and an army captain, stated in his testimony of 20 November 1995 that he had personally found the three bodies and had recorded this finding in the operation reports. One of the bodies was that of a bearded man of approximately 50-60 years of age, found on the Kurşunlu plain. Mr Arpacı stated that the terrorists had been surrounded by the soldiers and that Cobra helicopters and mortar had also been used in the operation. It had therefore been impossible to identify who had actually shot these persons.", "91. On 21 December 1995 the Military Court unanimously acquitted all seven defendants. It stated in its judgment that it had not been able to question the relatives of the deceased persons because their addresses were not known. The court also noted that the allegations made by the deceased persons’ relatives had not been corroborated by the testimonies given by Hacire Ceylan and Hediye Akodun. On the other hand, the defendants were found to have been consistent in their eyewitness accounts of the military operation which had been carried out pursuant to the Sancak-1 Operation Plan of 8 November 1992. The Military Court decided, therefore, to disregard the allegations made by the relatives that the three persons had been killed by the soldiers.", "92. The Military Court’s decision to acquit the soldiers was based on the following analysis of the evidence:\n“The deceased persons were killed during a military operation conducted by the security forces against the terrorist organisation. However, it is not possible to say with certainty that they were killed as a result of the fire opened by the soldiers since it was the terrorists who had opened fire first. Moreover, 136 BKC-type spent cartridges, which are not used by the [Turkish] armed forces, were found in the area. If it had not been for the armed clash, the defendants would have had no reason to use firearms against the deceased persons. At the site of the incident there were seven military divisions and an unknown number of terrorists. The clashes continued all day long... There is no evidence suggesting that the defendants opened fire at the deceased persons...”", "93. The testimonies given by three of the defendants during the trial, namely Murat Koç, Ramazan Dal and Yavuz Akın, have not been submitted to the Commission or to the Court. Therefore, the following information is taken from the above-mentioned judgment of the Military Court, which contains a summary of the testimonies of these three defendants.", "94. Murat Koç stated in his testimony that he had heard during the operation that a number of terrorists had been killed.", "95. Ramazan Dal stated in his testimony that after the operation he and his fellow soldiers had found a body and that he had seen the corpses of a horse and of sheep in the area.", "96. Yavuz Akın stated in his testimony that he had personally seen one body, which he and his fellow soldiers had taken to the station; he did not know how that person had died. He also stated that fighter jets and helicopters had been used in the operation. Finally, Mr Akın denied having signed the on-site operation report of 11 November 1992 (see paragraph 36 above).", "97. It further appears from the judgment of the Military Court that Major Ersan Topaloğlu was also questioned during the trial. His testimony was not made available to the Commission or to the Court, but according to the summary contained in the judgment, Major Topaloğlu stated that he had been informed by Zülfi Akkum that his son Mehmet Akkum and a fellow villager were missing. Major Topaloğlu had then made some inquiries and had discovered that a military operation was being carried out in the area. He confirmed that two bodies had been taken to the morgue in Elazığ and that one of them had been that of the son of Zülfi Akkum.", "98. On 10 November 1992, early in the morning, these four witnesses left their homes in the village of Kayaş, together with Derviş Karakoç and his two children, to go to the village of Çevrecik to visit a relative. Derviş was on horseback with his children and the women were walking behind him. After walking for about half an hour they came to a flat area where animals were grazing and they saw the two women shepherds, Hediye and Hacire, running towards them. Hediye and Hacire told the group to go back to their village as there were soldiers everywhere and it would not be safe to continue. However, Derviş decided to press on, saying that he had nothing to fear from the soldiers.", "99. After they had continued the journey for a few minutes, two soldiers came out of the bushes on the side of the road and asked Derviş to get off the horse and to show them his identity card. The soldiers then told the women to go back to the village. They took Derviş by his arms and walked away slowly. They took Derviş’s horse with them as well. Rabia Karakoç saw the soldiers taking Derviş behind the bushes and saw one of them hitting Derviş with the butt of his rifle. A few minutes later, Rabia heard a single gun shot from a pistol; however, she was unable to tell whether it was a shot in the air or whether it had been aimed at Derviş. Following this single gun shot, firing started from all over the field and almost 500-600 soldiers appeared from behind the woods. Rabia saw a flame hit Derviş in his lower abdomen. This incident took place on the plain outside Kurşunlu village.", "100. The witnesses then returned to their village together with the two children and started waiting for Derviş to come back. Derviş did not return to the village that day and the villagers were afraid to help the witnesses to go and look for him since the military operation was still continuing. During the operation, machine guns and helicopters were also used.", "101. When the operation was over, Rabia Karakoç and a number of villagers from Kurşunlu went to the area concerned, where they saw several dead animals. When Rabia arrived at the spot where she had last seen her son, she saw her son’s horse and dog, which were also dead. Around 30-40 metres away from the horse she saw her son’s body, lying on its side, with a large number of gunshot wounds between the chest and hips.", "102. About a year after Derviş’s death, the witnesses’ village, Kayaş, was raided by soldiers. The villagers fled the village, too scared to take any of their belongings with them. After they had left the village, the soldiers burned down all the houses.", "103. None of the four witnesses was ever questioned by the investigating authorities in relation to the killing of Derviş.", "104. This witness did not see any of the events that occurred on 10 November 1992 as at that time he was living in Istanbul. He was informed about the incidents when his uncle telephoned him at about 4 p.m. on that day. He was told that his brother Derviş had been detained by the soldiers. Following this telephone call, the witness went to Batman, where he was told that his village was under the control of the soldiers and that he was not allowed to go there. A few days later, when he was finally able to go to his village, he found out that his brother Derviş had been killed. Derviş had already been buried by the time the witness arrived in the village. Hacire Ceylan told him everything that had taken place on 10 November 1992.", "105. The witness recalled that, in the past, Derviş had often been asked to become a village guard and because of this pressure the latter had wanted to leave the village.", "106. On 7 November 1993 the witness returned to the village to organise a gathering for the first anniversary of the death of his brother. However, helicopters came to the village and started shooting. His cousin was wounded during this shooting and the witness had to take his cousin to Diyarbakır for treatment. When he returned to the village, the village was almost empty. The soldiers had forced everyone to leave the village.", "107. At the time of the events the witness was living in Kurşunlu village and was the village shepherd.", "108. At around 9 a.m. on the morning of 10 November 1992 the witness left her house in Kurşunlu village with a fellow shepherd, Hediye Akelma Akodun, and their animals. They followed Mehmet Akkum and Mehmet Akan, who were also taking their animals out to graze. On their way they met two soldiers, who told them to return to their village. The witness wanted to take her animals with her as well but the soldiers did not allow her to do so and when she resisted, they beat her.", "109. The witness also saw some other soldiers taking Mehmet Akan and Mehmet Akkum towards the woods. The two Mehmets were in the middle of a group of soldiers but her poor eyesight prevented her from seeing clearly what they were doing. The soldiers were shouting so much that she could not hear what was going on.", "110. On their way home, the witness and Hediye Akodun met Rabia Karakoç and her family. The witness told Rabia that there were soldiers everywhere. Later she saw Derviş Karakoç being ordered off his horse by the same two soldiers they had come across earlier. Derviş was taken a few yards away and the witness saw him showing his identity card to the soldiers. He had a soldier on either side of him. The soldiers ordered the women to go home. When she heard Derviş’s wife shouting that her husband had been hit by a rifle butt, the witness turned around and saw that Derviş was still standing at the same point where the soldiers had taken him. Thereafter she heard a single gun shot, followed shortly afterwards by continuous firing. Some of the shots were aimed at the group of people which included the witness, and they ran to take shelter behind a rock. She heard Rabia screaming and saying that her son had been killed.", "111. When the firing was over, they went back to their respective villages. When the witness returned to her village she told Mehmet Akkum’s father that she had seen his son being taken away by the soldiers. After the bodies had been found she went to the area and saw Derviş’s body lying at the spot where she had last seen him.", "112. A statement was taken from the witness by the authorities and she was asked when Derviş had been killed and whether he had been beaten up by the soldiers. She stated that she did not know whether he had been killed in the morning or in the evening; she had later seen that he had been killed on the spot. She also stated that the soldiers had beaten Derviş.", "113. This witness is a gendarme colonel and at the time of the incident was the commanding officer of the Elazığ provincial gendarmerie headquarters. He is one of the signatories of the military report referred to in paragraph 43 above.", "114. In November 1992 his headquarters were informed that around 300 terrorists were present in an area called the Payidar hills, near the district of Arıcak within Elazığ province. Terrorists had been known to take shelter in this area and the security forces had already conducted several operations there, during which there had been seven or eight armed clashes with members of the PKK. Upon receiving this intelligence, a decision was made to organise a military operation in the area and the witness was responsible for its planning.", "115. On 8 November 1992 an operation plan was drawn up and the operation was named Sancak-1. The plans of the operation clearly indicated the position each military unit would take up. Approximately 250 soldiers would participate in the operation, which was to cover an area of seven or eight square kilometres. The operation plan included the names of the officers who would take part in the operation and also named the military units involved. The plan would have been put in the archives upon completion of the judicial investigation.", "116. As all the operations were planned in strict confidentiality, the villagers who lived in the area concerned were not informed beforehand. Nevertheless, some local villagers ­– being a common source of intelligence for the gendarmerie – would have known that the security forces were to conduct operations and would refrain from leaving their homes during the operations. Informing the villagers in advance of an operation would compromise its success. However, the soldiers in the operation area would ensure that no civilians entered the area.", "117. On 10 November 1992 the operation began at dawn in the Payidar hills. The witness followed the operation by radio communication from a temporary command unit established at Erimli gendarme station, which was located outside the operation area but had a view of it.", "118. Members of the terrorist organisation would normally use automatic rifles, called BKCs, and the soldiers used MG3 automatic rifles and RPGs. No helicopters were used in the operation.", "119. Although the operation was carried out under his general command, he did not have judicial responsibility. During a military operation, the district gendarme commanders in charge of the participating units were the officers with judicial responsibility and were in direct contact with the public prosecutors. In the instant case, these officers would have been the Palu and Dicle district gendarme commanders. The incident reports prepared by the officers taking part in the operation would have been submitted to the local prosecutor and also to the witness.", "120. When questioned about the discrepancies between the military reports concerning the number of military units which had taken part in the operation (see paragraphs 41 and 44 above), the witness stated that these were simply innocent omissions.", "121. The witness had never been informed of the allegation that Derviş Karakoç had been killed by soldiers. He considered that the allegations were baseless since the relatives of Derviş Karakoç had failed to submit their complaints to the commanders of the military units who had been in the area during the operation, which had lasted for more than two days, or to the judicial authorities. Had he been informed about the killing of Derviş Karakoç, he would have investigated it personally.", "122. The body of Mehmet Akkum was found in an area in which the Arıcak division had taken up position. The bodies of Mehmet Akan and Derviş Karakoç were found in the area where military units from Kovancılar and Alacakaya had taken up position. The deaths of the latter two persons were not recorded in his report submitted to the Ministry of the Interior (see paragraph 43 above) because their bodies had not been found until after the report was drawn up. However, there would have been another report, entitled “final report” or “detailed operation report”, setting out the details of the entire operation with greater precision. This report would have been sent, together with all other documents pertaining to the operation, to the gendarme headquarters in Ankara. This document would have been confidential and would not have been submitted to the judicial authorities. By examining the operation reports it would be possible to pinpoint which military unit was responsible for a particular area.", "123. The witness had no knowledge of the subsequent trial of a number of soldiers under his command on suspicion of having killed three persons, allegedly during the operation for which he was responsible. He had not been summoned or requested to attend any court hearing in order to give evidence.", "124. According to the witness, Sancak-1 could be considered a successful operation. The measure to gauge the success of an operation was the degree of damage caused to the terrorist organisation. In this operation there were no casualties on the side of the security forces. The witness stated that he did not know whether the citizens who were killed during the operation were innocent or not, and he explained that every operation entailed risks. Nobody would have wanted ordinary citizens to be killed during a military operation. According to the witness, all the necessary measures had been taken to reduce that risk in this particular operation.", "125. At the time of the events the witnesses were practising at health centres in Palu and Dicle, respectively. They were not trained forensic experts but were nevertheless responsible for external body examinations and post mortem examinations since there were no forensic experts in the two towns where they were working.", "126. Dr Aydın carried out the examination of the body of Mehmet Akkum whereas Dr Türkan examined the bodies of Mehmet Akan and Derviş Karakoç (see paragraphs 45 and 50 above).", "127. Dr Aydın agreed with the findings in the report compiled by Dr Vanezis (see paragraph 51 above), in which the injuries on the body of Mehmet Akkum were described in detail.", "128. When asked why the large number of bruises and injuries on the body of Mehmet Akkum, observed by Dr Vanezis, had not been recorded in his examination report, Dr Aydın stated that no such wounds had been observed on the body during his examination.", "129. Dr Aydın initially suggested that Mehmet Akkum’s ears could have been severed by flying shrapnel but later stated that the ears must have been cut off post mortem as there was no bleeding in that area. However, as this had no bearing on the cause of death he had not deemed it important to include this information in his report.", "130. Both witnesses maintained that there had been no need to carry out full autopsies since their examinations of the bodies had enabled them to establish the cause of death.", "131. Dr Türkan was unable to state with certainty the distance from which Mehmet Akan had been shot. As regards his examination of Derviş Karakoç’s body, Dr Türkan stated that as he had observed a corresponding exit hole for every entry hole, it did not occur to him that there could be more bullets, traces of bullets or any other evidence trapped in the body.", "132. The witness, who was the public prosecutor in Palu at the time of the events, was present at the examination of the body of Mehmet Akkum. He noted the absence of the ears but did not consider it his duty to find out how the body had been mutilated. He concluded, on the basis of the information given by the gendarmes, that Mehmet Akkum was a terrorist. For this reason he decided that he lacked jurisdiction to investigate the killing and sent the file to the prosecutor’s office at the Kayseri State Security Court in accordance with usual practice. If state security courts required further information, they would put a request to the local prosecutor, who would carry out further investigations.", "133. In his investigation he repeatedly referred to 9 November 1992 as the date of the military operation (see paragraphs 56, 61, 66 and 70 above), since a gendarme had informed him by telephone that the operation had taken place on that date.", "134. In around December 1993, the investigation into the killing of Derviş Karakoç and Mehmet Akan was also referred to his office as these persons had been killed in the district of Arıcak, which fell within the jurisdiction of Palu. In late 1993 the witness was appointed to a different post; he was therefore unable to provide any information concerning the outcome of the investigation into the killing of these two persons. However, the witness confirmed that the file on the investigation into the killing of Mehmet Akan and Derviş Karakoç had also been submitted to the Kayseri State Security Court by his office, together with a record (fezleke) summarising the investigation. The Kayseri State Security Court then sent the file back on the grounds that it contained no “PKK-related elements”, and the Palu public prosecutor’s office therefore had jurisdiction to continue the investigation. The office of the Palu public prosecutor then sent the file to the Elazığ Assize Court, where seven gendarmes were indicted.", "135. The witness did not question any soldiers because the killings had occurred during an armed confrontation and he had no information as to which military units had participated in that operation. In any event, it would not be possible to establish whether a crime had been committed in an armed confrontation.", "136. This witness, who was the Elazığ public prosecutor at the time of the events, was not involved in the investigation into the death of the three persons. His office only attempted to find the addresses of the deceased persons’ relatives and other potential eyewitnesses, as requested by the Elazığ Assize Court.", "137. In response to a question concerning the duties of a public prosecutor with whom relatives of murdered persons lodge a complaint, the witness explained that in such circumstances the public prosecutor should first question the relatives. Furthermore, a prosecutor should gather all the evidence during the preliminary investigation and only then, if necessary, give a decision declining jurisdiction.", "138. The witness is a gendarme officer and was the commanding officer of the gendarme commando division in the town of Dicle at the time of the events.", "139. He remembered the Sancak-1 operation. However, his military unit was not involved in the operation and he had no idea as to what had actually happened during the operation. As an explanation for the fact that his unit was mentioned in the military report as having participated in the operation, he submitted that this was probably because his unit had been sent to the area the day after the operation to prevent any terrorists from fleeing the area.", "140. While he was in the area there were no clashes and he did not hear any shooting. He did not draw up a report detailing his involvement in the operation.", "141. He did not hear about the deaths until four or five days after the operation. He did confirm, however, that while the operation was still continuing, Zülfi Akkum had informed him that two shepherds from his village were missing.", "142. He said that the Kurşunlu plain was about two kilometres long and 600-800 metres wide. It was flat with three or four sporadic trees. It was completely surrounded by mountains. In the forested area there were oak trees, bushes and rocks. He identified the location shown on two photographs of the places where the bodies of Mehmet Akan and Derviş Karakoç had been found as being on the Kurşunlu plain. He could not exclude the possibility that a third photograph shown to him was a picture of the area leading to the slopes.", "143. At around 6 a.m. on 10 November 1992 Mehmet Akan and his friend Mehmet Akkum left the village to take the animals out to the meadow. After they had left the village Hacire and Hediye, the village shepherds, also took their animals out.", "144. At around 9 a.m. the witness saw a helicopter, which flew over the village and continued to the east towards the plain. Thereafter he heard gunshots and half an hour later some of the animals came back to the village, most of them wounded. Hacire came back to the village at around noon. She told the villagers that the helicopter had landed and that the soldiers who had come out of the helicopter had forced the women to go back to their village. However, she had seen Mehmet Akan and Mehmet Akkum being apprehended and had heard the voice of Mehmet Akan, who was surrounded by soldiers.", "145. As Mehmet Akan and Mehmet Akkum did not return to the village that evening, the witness went to Dicle the following morning, together with the muhtar of the village, Zülfi Akkum, to ask for information. They first went to the district governor’s office, where they were referred to the gendarmerie barracks. A gendarme major at the barracks told them not to worry and that the two shepherds would be back soon.", "146. The following day they went back to the barracks and were told that two persons had been arrested by soldiers from the Palu gendarmerie. That day, the applicant did not go back to the village and stayed in Dicle. The following morning he was informed that the bodies of his brother and of Derviş Karakoç had been found. Although he informed the public prosecutor about this, the latter refused to go the scene of the incident.", "147. The witness is a gendarme officer. He was the commanding officer at the Dicle gendarme command and the superior of Hüseyin Bakır (see paragraph 138 above) at the time of the events.", "148. He did not remember the incidents of November 1992 very clearly because he had not taken part in the operation. However, he did remember that an operation had been conducted and he had heard on the wireless that there had been an armed conflict. When asked why units under his command were named in the operation reports when in fact they had not taken part in the operation, the witness stated that their involvement had been limited to blocking their side of the operation area in order to prevent any terrorists from escaping. However, it was not the practice of commando units to keep records of their activities during an operation and hence no reports existed pertaining to their involvement in this particular operation.", "149. In December 1995 the witness gave evidence before the Ankara Criminal Court. In his statement to that court, he confirmed that he had contacted the operating forces by radio after he had been asked by the muhtar of Kurşunlu, Zülfi Akkum, to make enquiries as to the two people missing from that village. The reply he received by radio was that one terrorist had been found dead. He then referred Zülfi Akkum to the public prosecutor’s office in Elazığ, thinking that the dead terrorist might be his son. It later turned out that the body was indeed that of Mr Akkum’s son.", "150. The witness is a gendarme officer and was the Arıcak gendarme commander in November 1992.", "151. The witness personally participated in the operation in question. The clash started at about 6 a.m. in the Payidar hills, located to the north of Kurşunlu and to the south of Palu. His division was in the process of carrying out a search of the area when the terrorists opened fire on them. The terrorists were scattered over a wide area where visibility was limited because of the small bushes in a hilly region. There must have been nearly a hundred terrorists. There were no casualties amongst the soldiers. Firing continued at intervals all that day and the following day.", "152. The clash took place over a wide area where villagers would not have gone, not even to take their animals to graze. It was illogical to believe that anyone would go near an armed clash where there was continuous firing.", "153. He was informed that a terrorist had been captured dead during the clash. The body had been taken to the gendarme station in Palu, since that location possessed the necessary facilities for an autopsy to be carried out.", "154. Three or four days after the incident, he was informed that two more persons had been killed in crossfire. The witness did not personally see the bodies.", "155. No helicopters or aircraft were used during the operation. Although it was not a major operation, several units were involved in it.", "156. He had no information as to whether any of his men had been prosecuted in connection with the death of three villagers.", "157. The witness is a commando officer and was in charge of the commando division in Arıcak at the time of the events.", "158. He participated in the operation named Sancak-1. The operation was planned after intelligence had been received which indicated that members of the terrorist organisation were hiding in the area and were planning to spend the winter there. The presence of the terrorists constituted a great threat to the security forces and the gendarme stations in the area and the aim of this operation was therefore to eliminate that threat. His own unit was in charge of blocking the roads to prevent any terrorists from escaping from the operation area.", "159. At about 5.45 a.m. on 10 November 1992 the witness was informed by a radio message that two military teams under his command had come under fire while advancing towards the Payidar hills and that a clash had ensued. At about 2 p.m. the witness and his teams approached the area. There was a distance of about 40-50 metres between his team and the terrorists. The terrorists started firing at his team and a clash broke out, lasting until 4 p.m. Neither Cobra helicopters nor any other aircraft were deployed in the operation.", "160. The security forces suffered no casualties. On the second day, the witness heard that a terrorist had been killed on the other side of the hills. He sent a team to the area, under the command of Tuncer Arpacı, to take away the body. The body was later transferred by helicopter to the district of Palu. The witness did not see the body for himself and had not been informed that the ears had been cut off. During the operation, the witness was not informed that two villagers had been found dead on the Kurşunlu plain.", "161. The witness had very recently been informed that seven gendarmes had been tried for the killing of the three persons. He was not called to give a statement to the Military Court.", "162. The witness was the commanding officer of the gendarme station in Arıcak. He is one of the seven gendarmes who was tried for, and acquitted of, the killing of the applicants’ three relatives.", "163. He remembered the operation named Sancak-1. The operation was planned on the basis of intelligence indicating that PKK terrorists were present in the area known as the Payidar hills.", "164. His unit was involved in the operation and its task was to block the roads. As the unit approached the area towards the north-eastern part of the Payidar hills, terrorists started shooting at them and a clash ensued. He could not remember whether soldiers in his unit had killed the terrorists during the clash, which lasted from about 5.30 a.m. until 9 p.m. During the night of 10-11 November the witness stayed in the area.", "165. As the station commander in Arıcak, the witness had certain judicial obligations. He prepared the incident report and the incident map relating to the clash, which were sent to the public prosecutor. The witness explained the contradictions between the incident report of 11 November 1992 and his statement to the Military Court by saying that, at the court hearing, he had been very excited and confused and had therefore mistakenly stated that he had found three bodies. The truth was, however, as he had stated in the on-site operation report, that only one body had been found.", "166. The witness was informed over the wireless by Muhammed Özdemir that a body had been found. As he had judicial responsibilities, he was sent to the area. He searched the body to find an identity card. Although he did not examine the body, he did remember that both ears were missing. He could not recall whether there had been any firearms near the body. He deduced that the body belonged to a PKK terrorist since it had been found in the conflict zone. No ordinary villager would have entered the area while an operation was being conducted.", "167. Contrary to what he had said in his statement to the Military Court, no helicopters were used in the operation. The witness did not know which unit was responsible for the Kurşunlu plain but this could be established by examining the operation order prepared prior to the operation.", "168. The witness was a non-commissioned officer in the Arıcak commando unit at the time of the events. He is one of the seven gendarmes who was tried for, and acquitted of, the killing of the applicants’ three relatives.", "169. He participated in a joint operation with military units from Palu and at some point, terrorists started firing towards them. He remained in the area all night long with his men and the following day they conducted a search of the area.", "170. During the search they found a terrorist shelter and supplies but they did not find any corpses. He signed the incident report dated 11 November 1992 but at the time he did not know anything about the body referred to in that report and did not deem it necessary to verify the accuracy of the contents of the report before he signed it.", "171. The witness was familiar with the Kurşunlu plain; however, he did not have any information as to whether the operation had extended that far. The witness explained the inconsistencies between the two military reports (see paragraph 41 above) by saying that the on-site operation report had been prepared in the area where there had recently been an operation – hence, in the heat of the moment, it was possible that certain things had been omitted in the report.", "172. The witness was the commander of one of the commando teams in Arıcak at the time of the events. He is one of the seven gendarmes who was tried for, and acquitted of, the killing of the applicants’ three relatives.", "173. In November 1992 his commanding officer informed him that his team was to participate in an operation and briefed him and his team about their duties in it. In accordance with the instructions received from the unit commander, the witness’s team started off towards the operation area. When the team reached the Payidar hills at about 6 a.m., terrorists started firing and a clash broke out, lasting, intermittently, until 9 p.m.", "174. The following morning they conducted a search of the area. The fourth team, which was under the command of Murat Koç, found a shelter containing food, a cartridge clip, a rucksack and many other items. The members of the witness’s team were further informed over the wireless by their commanding officer that a body had been found in the direction of Brektepe-Ulaştepe, and the witness was ordered to go to that area together with his station commander, Tuncer Arpacı. When they reached the spot where the body lay – which was within the area covered by the operation – the station commander drafted a report in which he related all his findings. The witness co-signed the report. The location of the body was approximately four to five kilometres from Kurşunlu village. Although the witness had no authority to examine the body, he did, however, notice that the dead person’s ears had been cut off. He was then ordered to take the body to the village of Çevrecik. The body was later transferred to the Palu public prosecutor’s office." ]

[ 0, 1, 9 ]

[ "8. The applicant was born in 1937 and lives in Mank/Austria.", "9. A., the applicant's brother, died on 1 December 1988. He had been a farmer and the owner of a farm. On 23 December 1998 the competent court was informed about A.'s death and, subsequently, appointed a notary public as court commissioner (Gerichtskommissär).", "10. On 22 and 23 February 1989 the applicant and eight other persons entitled to the estate of A. appeared before the notary public in Ybbs and made conditional declarations of acceptance of succession (bedingte Erbserklärung).", "11. On 23 February, 28 March and in April 1989 three experts submitted opinions on the value of the farm.", "12. On 28 July 1989 the applicant's sister M. argued that the farm was a hereditary one (Erbhof) within the meaning of the Agricultural Succession Act 1958 (Anerbengesetz) and filed an application to be appointed as its principal heir (Anerbin).", "13. On 22 September 1989 an expert submitted his opinion and concluded that the farm should not be considered hereditary.", "14. On 2 October 1989 the applicant requested to be appointed as principal heir.", "15. On 28 December 1989 the Ybbs District Court (Bezirksgericht) found that the farm did not qualify as a hereditary one because it could not provide a living for five adults as required under the applicable law. Further, it found the declarations of acceptance to be valid and appointed all nine statutory heirs as heirs to A.'s estate (Einantwortungsurkunde) but dismissed the requests by the applicant and M. to be appointed principal heirs. On 9 January 1990 the applicant appealed.", "16. On 21 February 1990 the St. Pölten Regional Court (Landesgericht) quashed the District Court's decision and remitted the case to it. It found that the issue whether the farm qualified as hereditary within the meaning of the Agricultural Succession Act 1958 had not been sufficiently determined. The other heirs appealed.", "17. On 18 October 1990 the Supreme Court dismissed the appeals and upheld the Regional Court's finding.", "18. On 31 December 1990 the District Court transmitted the file to the public notary for supplementary investigations. On 28 February 1991 an expert submitted an additional opinion.", "19. On 8 April 1991 the District Court decided to request an additional expert opinion, which it obtained on 12 September 1991.", "20. On 17 October 1991 the District Court, having heard an agricultural expert, found that the farm qualified as a hereditary one under the Agricultural Succession Act 1958. Five parties appealed.", "21. On 4 March 1992 the Regional Court dismissed the appeals and, on 27 Mai 1992, the Supreme Court dismissed an appeal on points of law and confirmed that the Agricultural Succession Act 1958 was applicable.", "22. Subsequently the District Court held hearings on 7 September and 9 November 1992. It heard several agricultural experts in order to clarify whether M. or the applicant qualified as principal heir. On 13 January and 11 March 1993 the court obtained further expert opinions.", "23. From April to June 1993 forest pest control measures were carried out in the forest belonging to the farm. As the parties of the hereditary proceedings did not reach an agreement, an estate curator (Verlassenschaftskurator) was appointed and the succession proceedings were suspended.", "24. On 8 September 1993 the District Court dismissed the applicant's request to be appointed as principal heir. It found that he did not qualify as such because he already owned part of another hereditary farm, and appointed M. as principal heir. The applicant appealed and submitted a new private expert opinion.", "25. On 29 December 1993 the Regional Court allowed his appeal and remitted the case to the District Court. It found that there was not sufficient evidence to conclude that the applicant did not meet the requirements as principal heir.", "26. On 7 March 1994 the District Court transferred the file to the public notary for supplementary investigations. On 27 April 1994 additional expert opinions were submitted. On 13 May 1994 the applicant commented thereupon.", "27. From September to November 1994 new forest pest control measures were carried out in the forest belonging to the farm. Again an estate curator was appointed and the succession proceedings were suspended. On 17 November 1994 the District Court ordered the public notary to submit his final submissions.", "28. On 2 February 1995 the District Court, having heard additional experts, again dismissed the applicant's request and appointed M. as principal heir. The applicant appealed.", "29. On 12 July 1995 the Regional Court quashed the decision and remitted the case to the District Court. On 10 August 1995 the file was transmitted to the notary public.", "30. On 5 February 1996 the District Court held a further hearing. Thereafter, it obtained further expert reports and the applicant commented repeatedly on these reports and repeatedly requested further opinions.", "31. On 12 August 1997 the applicant submitted a private expert opinion and requested to discuss it at an oral hearing. The court-appointed expert commented on the private expert opinion.", "32. On 13 July 1998 the court held another hearing in which the applicant asked to hear further experts.", "33. On 21 October 1998 the District Court dismissed the applicant's request to be appointed as principal heir and appointed M. instead. It refused to hear further experts.", "34. On 19 March 1999 the Regional Court dismissed the applicant's appeal. It confirmed the District Court's refusal to hear further experts finding that the court-appointed expert had commented in detail on the private expert opinion submitted by the applicant and that the latter could not impugn the plausibility of the opinion of the court-appointed expert.", "35. On 10 June 1999 the Supreme Court dismissed the applicant's appeal on points of law. This decision was served on the applicant's lawyer on 14 July 1999." ]

[ 3 ]

[ "9. The applicants were born in 1937 and 1947 respectively and live in Plovdiv.", "10. The applicants own the first floor of a house with a yard in Plovdiv. In May 1992 the owners of a neighbouring building started reconstructing it without obtaining the necessary permission from the building control authorities. The works were presented as a reconstruction of an existing house, but it seems that in fact the old building was pulled down and replaced by a higher and larger structure.", "11. In May and June 1992 the applicants filed complaints with the mayor and the chief architect of the municipality. They alleged that their consent for the construction had not been obtained and that the plan of the new building did not meet the relevant legal requirements.", "12. On an unspecified date the municipal authorities ordered the suspension of the construction. The building plan was modified and the modifications were communicated to the applicants.", "13. On 7 September 1992 the applicants submitted objections against their neighbours' request for legalisation of the construction.", "14. On 19 January 1993 the municipal authorities dismissed the applicants' objections.", "15. By a decision of 18 March 1993 the construction was legalised.", "16. On 14 June 1993 the applicants appealed against the 18 March 1993 legalisation decision to the Plovdiv Regional Court.", "17. At the first hearing, which took place on 15 July 1993, the applicants requested the court to constitute their neighbours as defendants, alongside the municipality of Plovdiv. The court acceded to their request and adjourned the case.", "18. The second hearing was held on 23 August 1993. Pursuant to a request by the applicants the court ordered a technical expert report on the question whether the construction had been effected in compliance with the relevant technical rules.", "19. The third hearing took place on 29 December 1993. One of the defendants stated that he had not received a copy of the applicants' appeal and requested an adjournment. The first applicant requested a graphological expert report to determine whether a signature appearing in the municipal records, relating to the construction, was in fact his. The court acceded to the parties' requests and adjourned the case.", "20. The next hearing was held on 11 April 1994. The court admitted in evidence the technical and the graphological experts' reports and questioned the experts. The applicants' neighbours requested a new technical expert report to be drawn up by three experts. The court agreed and adjourned the case.", "21. A hearing listed for 30 June 1994 failed to take place because one of the defendants could not attend.", "22. At the next hearing, which took place on 26 October 1994, the three experts presented their report. Finding that they had failed to examine certain relevant documents, the court instructed them to do so and also asked them an additional question, as requested by the defendants. The case was adjourned.", "23. The last hearing before the Plovdiv Regional Court took place on 25 January 1995. The court admitted the three experts' report and certain other documents in evidence. It also heard the parties' closing arguments and reserved judgment.", "24. In a judgment of 30 June 1995 the Plovdiv Regional Court dismissed the applicants' appeal.", "25. On 24 August 1995 the applicants lodged a petition for review with the Supreme Court.", "26. Noting that the applicants had not paid the requisite fee, the court instructed them to do so. They paid the fee on 11 September 1995.", "27. On unspecified dates in September and October 1995 copies of the petition for review were served on the other parties and on 20 October 1995 the case was forwarded to the Supreme Court.", "28. In 1997, following a restructuring of the judicial system in Bulgaria, all administrative cases falling within the jurisdiction of the Supreme Court were transmitted to the newly established Supreme Administrative Court.", "29. A hearing listed by the Supreme Administrative Court for 3 November 1997 failed to take place because the applicants' neighbours had not been duly summoned.", "30. On 12 January 1998 the Supreme Administrative Court held a hearing. It heard the parties' arguments and reserved judgment.", "31. In a final judgment of 30 March 1998 Supreme Administrative Court reversed the Plovdiv Regional Court's judgment and declared the 18 March 1993 legalisation decision void, as it had not been made by the competent officer.", "32. In March 1998 the construction in the neighbouring estate had already been completed.\nII. THE PROCEEDINGS UNDER SECTION 109 OF THE PROPERTY ACT", "33. On 28 April 1993 the applicants issued proceedings against their neighbours at the Plovdiv District Court. They argued that the construction in the neighbouring estate had intruded into their yard and impeded the normal use of their house as it prevented the access of sunlight. The applicants sought a permanent injunction under section 109 of the Property Act requiring their neighbours to restore the situation to what it had formerly been.", "34. On 11 October 1993 the Plovdiv District Court, acting pursuant to the motion of the applicants, stayed the proceedings pending the outcome of the proceedings under the Territorial and Urban Planning Act. In 1998, after their completion, the proceedings between the applicants and their neighbours resumed.", "35. In a judgment of 11 January 1999 the Plovdiv District Court dismissed the applicants' action.", "36. The applicants appealed to the Plovdiv Regional Court.", "37. The first hearing before that court took place on 7 June 2000. The court admitted certain documents in evidence and pursuant to the motion of the applicants ordered an expert report to determine the extent to which the construction in their neighbours' plot was interfering with their property.", "38. A hearing listed for 27 September 2000 did not take place because the expert was unavailable.", "39. The next hearing was held on 4 December 2000. The court heard the expert and admitted his report in evidence. One of the defendants requested the court to ask the expert an additional question. The court acceded to the request over the objection of the applicants, but fined the defendant for having failed to make it in due time.", "40. A hearing took place on 1 March 2001. The court heard the expert and admitted his additional report in evidence. One of the defendants requested the court to ask the expert an additional question. The court acceded to the request over the objection of the applicants and adjourned the case.", "41. The last hearing before the Plovdiv Regional Court took place on 9 May 2001. The court heard the expert and admitted his additional report in evidence. After hearing the parties' argument, the court reserved judgment.", "42. In a judgment of 11 August 2001 the Plovdiv Regional Court reversed the lower court's judgment and allowed the applicants' action.", "43. On 18 October 2001 the applicants' neighbours appealed on points of law to the Supreme Court of Cassation.", "44. A hearing was held on 12 December 2002. The court heard the parties' argument and reserved judgment.", "45. In a judgment of 16 July 2003 the Supreme Court of Cassation quashed the Plovdiv Regional Court's judgment and remitted the case for a fresh examination.", "46. A hearing listed by the Plovdiv Regional Court for 24 November 2003 was adjourned because one of the defendants was ill and could not attend.", "47. Another hearing, fixed for 16 February 2004, was also adjourned because another defendant was ill and did not show up.", "48. At the time of the latest information from the parties (15 March 2004) the proceedings were still pending before the Plovdiv Regional Court. A hearing was listed for 19 April 2004.", "49. Following the Supreme Administrative Court's holding that the order legalising the construction of the applicants' neighbours' house was void (see paragraph 31 above), on 11 January 1999 the applicants issued proceedings against, inter alia, the municipality of Plovdiv, claiming damages for the unlawful actions and omissions of the municipality with regard to their neighbours' construction. The Plovdiv Regional Court dismissed the applicants' action, but on appeal, in a judgment of 3 April 2002 the Plovdiv Court of Appeals allowed their claims in full, awarding them 5,000 Bulgarian levs (BGN) each, with interest as from 11 January 1999. The municipality appealed against the judgment to the Supreme Court of Cassation. However, under the relevant rule of the Code of Civil Procedure, that judgment, although subject to appeal, was enforceable. On 20 May 2002 the applicants' lawyer requested the issuing of a writ of execution pursuant to the judgment and on 28 May 2002 such a writ was issued. The writ was presented to the municipality, but as of March 2004 the amount had remained still unpaid. On 5 April 2004 the Supreme Court of Cassation quashed the Plovdiv Court of Appeals' judgment and remitted the case to that court. The proceedings are still pending." ]

[ 3 ]

[ "8. The applicant was born in 1949 and lives in Bad Mitterndorf, Austria.", "9. On 16 September 1989 the applicant was the victim of an assault and was heavily injured. He was brought to the Bad Aussee Hospital (Landeskrankenhaus) where he received medical treatment as he suffered from pulmonary disease. The applicant underwent an operation and was transferred to the Graz Hospital where another operation was carried out. After this medical treatment the applicant's ability to work was considerably reduced. He became unemployed and was without income.", "10. On 27 November 1992 he instituted civil proceedings against the Steiermärkische Krankenanstalten Gesellschaft mbH, the company which administers public hospitals in the region of Styria. He claimed damages for pain and suffering and loss of profit. He alleged that medical malpractice had caused his state of health and that the surgeons treating him had infringed their duty to provide explanations and advice concerning the treatment.", "11. The Leoben Regional Court (Landesgericht) held eight hearings between 12 January, 1993 and 15 December 1994. It heard numerous witnesses and medical experts. On 30 September 1993 the applicant challenged one of the experts. However, his challenge was dismissed on 14 October 1993.", "12. On 15 December 1994 the Regional Court gave a partial judgment (Teilurteil). It considered the claim for damages to be well-founded in principle (dem Grunde nach), while the exact amount of compensation had to be determined in further proceedings. It found that the surgeons treating the applicant had infringed their duty to provide explanations and advice concerning the treatment.", "13. On 3 February 1995 the defendant filed an appeal against this judgment and on 5 March 1995 the applicant commented on this appeal.", "14. On 22 June 1995 the Court of Appeal dismissed the defendant's appeal.", "15. On 22 November 1995 the Supreme Court dismissed the defendant's appeal on points of law (außerordentliche Revision). Thus, the judgment finding the applicant's claim to be well-founded in principle became final.", "16. Between 8 March 1996 and 10 January 1997 the Regional Court, presided by another judge, held five hearings, at which it heard further medical experts. The issue to be clarified at this stage of the proceedings was the level of the applicant's ability to work before the incident and the extent to which the medical treatment received at the hospitals influenced his ability to work. On the basis of these findings, the amount of compensation due had to be assessed.", "17. On 23 October 1996 the applicant amended and extended his claim.", "18. On 10 January 1997 the Regional Court ordered a medical expert to submit his opinion. On 28 May and on 17 June 1997 the Court urged the expert to deliver his opinion.", "19. On 18 June 1997 the applicant filed a request under Section 91 (Fristsetzungsantrag) of the Courts Act (Gerichtsorganisationsgesetz) and asked the Court of Appeal to set a time-limit for the delivery of a medical expert report as the appointed expert had not submitted his report for more than five months.", "20. On 2 July 1997 the Court of Appeal allowed the applicant's request and fixed a four weeks' time-limit for the delivery of the report.", "21. On 7 July 1997 the expert submitted the opinion. Subsequently, the parties were invited to comment on it.", "22. On 24 November 1997 the Regional Court held another hearing and appointed a further expert. On 25 March 1998 the new expert report was delivered. On 22 April 1998 the defendant challenged the new expert for bias (Ablehnungsantrag). On the same day the court dismissed this application.", "23. On 12 June 1998 the applicant requested the court to hold a further hearing. On 22 July and 5 November 1998 the Regional Court held further hearings at which the applicant extended his claim.", "24. On 9 February 1999 the Regional Court gave a partial judgment and determined the precise amounts of compensation to be paid by the defendant.", "25. On 19 March 1999 both the applicant and the defendant filed an appeal.", "26. On 7 October 1999 the Court of Appeal, after a hearing, dismissed the applicant's appeal and partly allowed the defendant's appeal. It reduced the amount of compensation and quashed parts of the Regional Court's judgment and, to this extent, remitted the case to the Regional Court. This decision was served on 27 February 2000. On 27 March 2000 the applicant filed an appeal on points of law.", "27. On 30 Mai 2000 the Supreme Court rejected the applicant's appeal on points of law. This decision was served on 27 July 2000.", "28. On 19 October 2000 the applicant filed new submissions concerning his remaining claim and on 14 November 2000 the Regional Court held a hearing.", "29. On 9 February 2001 the Regional Court appointed a medical expert who submitted his opinion on 24 March 2001. On 3 April 2001 the Regional Court ordered the applicant to comment on this opinion, which he did on 24 April 2001.", "30. On 12 July 2001 the Regional Court held a hearing.", "31. On 25 January 2002 the Regional Court partly allowed the applicant's claim, granting the amount of EUR 204,139.99, inter alia, for medical and travelling costs and a monthly payment of EUR 472.37.", "32. On 19 March 2002 both the applicant and the defendant filed appeals against this decision.", "33. On 16 June 2002 the Court of Appeal partly allowed both appeals. It reduced the amount to EUR 184,619.40 and remitted the case concerning the travelling costs and the monthly payment to the Regional Court.", "34. On 19 February 2003 the Regional Court held another hearing. It decided to repeat the taking of evidence as, meanwhile, the case had been taken over by another judge.", "35. On 30 July 2003 the Regional Court partly allowed the applicant's claim granting the amount of EUR 125,782.47, inter alia, for medical and travelling costs and a monthly payment of EUR 472.37.", "36. On 22 September 2003 the defendant filed an appeal and on 22 October 2003 the applicant filed his observations.", "37. On 5 November 2003 the Court of Appeal allowed the defendant's appeal in part and awarded the applicant the amount of EUR 123,602.29. It confirmed the Regional Court's judgment for the remainder. The judgment was served on the applicant's counsel on 25 November 2003." ]

[ 3 ]

[ "6. The applicant was born in 1954 and lives in Laupheim (Germany).", "7. On 17 January 1997 at 18.45 p.m. the car of which the applicant is the registered owner was caught in Austria by a radar-trap exceeding the speed limit by 26 km/h.", "8. On 12 March 1997 the Dornbirn District Administrative Authority (Bezirkshauptmannschaft) ordered the applicant pursuant to section 103 § 2 of the Motor Vehicles Act (Kraftfahrzeuggesetz) to disclose within two weeks the full name and address of the person who had been driving her car at the material time on 17 January 1997.", "9. On 24 March 1997 the applicant replied that Mr J.S. [first and family name in full], living in Mostar, Bosnia-Herzegovina had been the driver.", "10. On 17 April 1997 the Dornbirn District Administrative Authority issued a provisional penal order (Strafverfügung) in which it sentenced the applicant under sections 103 § 2 and 134 § 1 of the Motor Vehicles Act to pay a fine of 1,500 Austrian schillings (ATS) with two days' imprisonment in default.", "11. The applicant filed an objection against this decision.", "12. On 22 September 1997 the District Administrative Authority dismissed the applicant's objection and issued a penal order (Straferkenntnis) confirming its previous decision. It found that the applicant had failed to give complete information as requested in the order of 12 March.", "13. The applicant appealed on 1 October 1997 submitting in particular that she had replied to the District Administrative Authority's order, but had been unable to find out the exact address of Mr J.S. Further, she claimed that the obligation under section 103 § 2 of the Motor Vehicles Act to disclose the driver of her car violated the presumption of innocence and her right not to incriminate herself. Finally, she pointed out that she was a German national and that German law did not contain a comparable obligation of the registered car owner to disclose who had been driving the car at a specified time.", "14. On 26 November 1997 the Vorarlberg Independent Administrative Panel (Unabhängiger Verwaltungssenat) dismissed the applicant's appeal. As to the applicant's complaint that the obligation under section 103 § 2 of the Motor Vehicles Act violated the right not to incriminate oneself and the presumption of innocence, it noted that the relevant sentence of that provision had constitutional rank.", "15. On 30 December 1997 the applicant lodged a complaint with the Constitutional Court (Verfassungsgerichtshof). She repeated the complaint as to the alleged violation of her right not to incriminate herself.", "16. On 9 June 1998 the Constitutional Court declined to deal with the applicant's complaint for lack of sufficient prospects of success.", "17. On 30 June 2000 the Administrative Court (Verwaltungsgerichtshof) refused to deal with the applicant's complaint pursuant to section 33a of the Administrative Court Act since the amount of the penalty did not exceed ATS 10,000 and no important legal problem was at stake.", "18. The applicant was not prosecuted for exceeding the speed limit." ]

[]

[ "9. The applicant was born in 1952 and lives in Ankara. He is a lawyer and a former member of the Turkish Grand National Assembly.", "10. The applicant wrote a novel entitled “The Heat of Şiro” (Şiro'nun Ateşi). The book was based on real events which took place in Ormaniçi village in the province of Şırnak. The book was published in September 1997 by the Berfin Publishing Company.", "11. On 14 October 1997 the public prosecutor at the Istanbul State Security Court requested the seizure of copies of the book. The public prosecutor contended that the content of the book incited hatred and hostility by making distinctions between Turkish citizens based on grounds of their ethnic or regional identity.", "12. On 14 October 1997 a single judge of the State Security Court accepted the submissions of the public prosecutor and made an interim order for the seizure of copies of the first edition of the book. In its decision (no. 1997/442), the State Security Court held that the book, by attributing extremely disgusting acts to the security forces, identified with names and rank, incited people to hatred and hostility by making distinctions between Turkish citizens based on grounds of their ethnic or regional identity. The court further held that, while artistic expression fell within freedom of expression, that freedom was not absolute and that the dissemination of distasteful and disgusting texts by way of a novel could not be considered to be artistic expression.", "13. According to the applicant, copies were then seized. However, the seizure protocol drafted by the police and signed by the owner of the publishing company on 15 October 1997 recorded that copies of the book were not found.", "14. The Government in their observations drew attention to following passages on pages 202 and 203 of the book:\n“... Ah, I wish I were strong like before so that I could catch Mizrak in the meadow of Bana. Then he would have understood what the world is like. I would have stripped him under the summer sun; I would have had him walk before Kümeyt and whipped him all day long.\n - Then how would you be any different from those tyrants? No matter who does it, cruelty is an ugly thing. Whether it is you or the fox. It does not matter. Cruelty is such a dishonourable thing that, whoever does it, is not a human being.\n - I swear that I would turn him inside out. If I had only caught him then he would have understood. I swear upon your head that I would have put a rope around his neck and walked him naked all around Ankara, then I would have skinned him and filled him up with salt, as an example to all tyrants.\n - Then you, Şiro, would become the Mizrak of the Bana. Our Mizrak or somebody else's Mizrak, what difference does it make? People like Mizrak should not exist in Bana, Ankara, Damascus or anywhere else. These kind of people contaminate the world. They destroy love and brotherhood.\n - I beg you Brother, why do you talk like this? There is no other way to fight these tyrants! You have to talk to them in their own language; there is no other way!\n - I used to think just like you, Şiro. However, I went there and realised that Mizrak is not alone.\n - See, you have to make all of them disappear; you have to kill all of them.\n - You cannot terminate it by killing them. There are too many to kill. Whomsoever you want to kill is only the cog of the machine. Even if you break the cog of the machine there are too many degenerated people out there waiting to become the cog! When you are struggling with the first ones, the same old tyrannising machinery continues to function, and this goes on forever. We have to stop this machinery! That is what we should do. There is no other way. Then you would see how they are running away like cows.\n - Where is that power?\n- Is there anyone stronger then us, Şiro? When all human beings stand up against this tyrannising machine, see if the machine still continues to function? Then they would see whether it is them or us who are stronger.”", "15. On 20 October 1997 the applicant appealed against the seizure order. The applicant averred that the seizure order constituted an unjustified interference with his right to freedom of expression guaranteed by the European Convention on Human Rights. However he gave an incorrect case number on his appeal. As a result it appears that the appeal court did not consider the facts of his case, but that of another (relating to a poetry book). On 5 November 1997 the Istanbul State Security Court dismissed the applicant's appeal and upheld the order, together with the single judge's reasons for issuing it.", "16. On 21 November 1997 the public prosecutor attached to the Istanbul State Security Court filed a bill of indictment against the applicant and requested that he be convicted and sentenced under the Prevention of Terrorism Act 1991.", "17. During a hearing held on 18 February 1998 before the Istanbul State Security Court, the applicant requested the court to annul the interim seizure order against his book. The matter was adjourned to the next hearing, fixed for 15 April 1998.", "18. On 2 September 1999 Law No. 4454 concerning the suspension of pending cases and penalties in media-related offences entered into force.", "19. On 24 September 1999 the Istanbul State Security Court suspended the proceedings brought against the applicant. The court, however, did not determine the applicant's request to annul the interim seizure order against his book." ]

[ 6 ]

[ "8. The applicant was born in 1959 and lives in Mardin.", "9. On 29 September 1980 the applicant was arrested and taken into police custody on suspicion of membership of an illegal organisation.", "10. On 7 January 1981 the Diyarbakır Martial Law Court ordered the applicant's detention on remand.", "11. On 14 September 1981 the public prosecutors' office at the Diyarbakır Martial Law Court filed a bill of indictment with the latter, accusing the applicant of membership of an illegal organisation. The public prosecutors' office requested that the applicant be convicted and sentenced under Article 168 § 1 of the Criminal Code.", "12. On 19 February 1985 the Diyarbakır Martial Law Court convicted the applicant of membership of an illegal organisation and sentenced him to twenty-four years' imprisonment pursuant to Article 168 §1 of the Criminal Code. Before the Diyarbakır Martial Law Court the applicant was tried together with 623 other suspects.", "13. On 10 April 1990 the Military Court of Cassation quashed the judgment of the Diyarbakır Martial Law Court on the ground that the latter had misinterpreted the domestic law in respect of the offence in question.", "14. On 29 July 1990 the applicant was released from detention.", "15. Subsequent to promulgation of Law no. 3953 on 27 December 1993, which abolished the jurisdiction of the Martial Courts, the Diyarbakır Assize Court acquired jurisdiction over the applicant's case.", "16. On 13 July 1998 the Diyarbakır Assize Court ordered that the criminal proceedings against the applicant be terminated on the ground that the statutory time limit under Articles 102 and 104 of the Criminal Code had expired." ]

[ 3 ]

[ "9. The applicant, the СJSC “Ukrainian Media Group” (ЗАТ “Українська Прес-Група”), is a privately owned legal entity, registered and situated in Kyiv, Ukraine. It owns a daily newspaper The Day (газета “День”).", "10. The facts of the case, as submitted by the parties, may be summarised as follows.", "11. On 21 August 1999 The Day published an article by Ms Tetyana E. Korobova entitled “Is this a second Yurik for poor Yoriks, or a Ukrainian version of Lebed?” The article read as follows:\n“Epigraph: All of this is about her, our Natasha as well as yours. About the position that a progressive socialist, Natalia Vitrenko, may or may not hold - depending on which of the scenarios from Bankova [the name of the street where the President's Administration is situated] will eventually win the “tender” offered by office No. 1. Certainly, allowing for a certain margin of error, it will be possible to forecast which of the nominees would be easier to manipulate from the said office.\nThe first version [concerning her position] was predicted by The Day as far back as the spring, and was based on the assumption that, from the point of view of Bankova, Petro Symonenko [leader of the Communist Party] was not “nice or bright” enough for the role of “a scarecrow” in the pre-election scenario à la russe: “the reformer against the red threat”. Natalia Vitrenko, with her “Uranium mines”, and Volodymyr Marchenko are much more impressive and the best political scientists and sociologists told us, therefore, that she was the only person able to defeat Kuchma in the second round of the elections with a predicted 33 % of the poll. Political scientists and sociologists were soon proved wrong and Natalia Vitrenko's rating substantially decreased. However, this is due perhaps to the freedom of scientific debate and discord around the main body [that of the President] rather than Ms Vitrenko's real ratings. Of course, it is hard to believe that one third of the country's population, watching a TV programme where Natasha battered a deputy who had been knocked to the floor with the help of Marchenko's fists, would choose not to call an ambulance and medical help, but instead would race to vote for “progressive socialism”. It is evident, however, that the “Zhirinovsky percentage” of 10-11% is a normal result in a normal country, but not one where the society is mainly composed of sick people and beggars ... Natalia Vitrenko's special role was confirmed by the “painful” recounting of the number of signatures in support of her [registration as a candidate] at the Central Electoral Committee (CEC). Today the highly respected President of the CEC, Mr Mykhaylo Ryabets, told us how wrong the Supreme Court was when it ignored the required one million signatures and compelled the CEC to register the nominated candidates for the position of President in neglect of this norm. But only recently the same Ryabets shared his insights with the public which, if translated from the confidential-emotional language used, could sound like this: all the candidates registered by the CEC (acting on its own!) should not have been registered, because if the signatures submitted by the nominees had been subjected to serious scrutiny, none of the candidates, including Kuchma, would have withstood verification. What then was the criterion? Was it a presumption on the part of the CEC and its President about which scenario would be the best at the pre-election stage? For the CEC as well, apparently, it is not a secret which discussions preceded the decision of Bankova to register Natalia Mykhaylivna, who had problems for various reasons. Perhaps Vadym Rabinovych, who left our country prematurely and in a very untimely manner, might be able to disclose the details? Or maybe Kuchma's election agent, Mr Volkov, who fought for and won Natasha's registration?\nAs was discovered, it was not the apprehension, in the event of her failure to register, of having Vitrenko as a wild force that could break loose which influenced the final decision of Bankova, but the scenario “Kuchma v. Symonenko”, which is urgently being modified because of Petro Mykolayovych's [Symonenko's] alleged unreliability. The issue concerns the certainty repeatedly demonstrated by the Speaker [of Parliament] Tkachenko, that they [Bankova] would manage to agree with Symonenko, and the steady position of the Communist Party (CPU) ideologists who believe that the CPU does not want a clear loss, or a clean victory (referring to Bulgaria). This provoked even more commotion in Bankova. The Russian scenario that was used in the past is rusting away, and there is nothing else! Therefore an improved scenario was introduced: taking Natalia Vitrenko to the second round, nominating her against Kuchma - with the certainty that the fear of having Vitrenko and Marchenko managing the country would line everyone up to vote for Kuchma, including the left-wing.\nThe boys at Bankova are desperate gamblers because their venture might be answered adequately. For instance, the headquarters of all the main candidates who have already dropped out of the competition might negotiate and decide to let their supporters vote freely. Of course, they would not ask them to support Vitrenko, but to work in such a way that the motto “Anyone but Kuchma!” would be as topical as ever. Ultimately, it is no less immoral than the scenarios of Kuchma's headquarters. And if our “green” democracy has to have “the mumps”, the earlier the better: the acquired immunity would be stronger, as children's diseases have to be contracted in childhood.\nIn a country under President Vitrenko it would be both frightful and enjoyable, but not for long. Like in the Crimea under Yurik Meshkov. And what country-wide insanity that was /.../ At the beginning it was bizarre and then funny. He would come out, yell in front of the people, so self-assured, artistic, his voice so confident, metallic, everything clear, elderly ladies screaming and sobbing, trying to kiss his hands... And not a single institution obeying him. He seized an automatic gun and rushed to replace the head of the police. [He] replaced him. But nobody cared about the new one. Then he rushed to the SBU [Security Service of Ukraine]. And here they spoke to him politely, and they threw the people he had just appointed down the stairs and promised they would have something torn out ... Time flies and the differently coloured opposition is becoming united, the gangsters who left are returning, public servants from housing maintenance offices up to Government officials are sabotaging [him], the Verkhovna Rada [Parliament] is imposing restrictions on presidential powers - all of them are gathering against Yurik, life is not getting any better, his personal charisma is falling to pieces, people are sobering up. Some people say: this was the Crimea, it was backed by Kyiv. But we are not going to dwell upon the matter of who backed it and when they appeared. However, the point is that Autonomy is not the State. Had there been an army, everything would have been over sooner, citizens... Marchenko of course will seek to order General Kuzmuk about and make him resign. This would be something worth seeing... And the Verkhovna Rada will become such a friendly body, and constitutional amendments will be adopted without delays! The heyday of parliamentarism! Are pre-term presidential elections likely to be held in spring? Natalia Mykhaylivna, may God give her health, will finally put an end to disputes about whether the Ukrainian soil can bear its own “Newtons” in skirts. And the only prospective evil as a result of this experiment might be the complexities that will confront Yulia Tymoshenko as a female candidate during the next elections... Some people say: and what about the country and the people!? Ladies and gentlemen, do not prevent people from exercising their own sacred right to vote, if you are democrats. And do not prevent the same people from facing the consequences of their choice and their responsibility for it ...\nHowever, we are unlikely to see the full extent of the people's joy or our Natasha's triumph, as long as there remain a few “real raving madmen” in Bankova. As a result, apparently, the blueprint of the Russian headquarters will be developed directly along the lines of the “Russian scenario”. And here we will discover great news about who can claim the role of the Russian Lebed in our country, who had been appointed to the Security Council prior to the elections and later surrendered to the incumbent President [Yeltsin], and thus largely determining the latter's victory during the new elections. According to an information source, the scenario of “the homegrown Lebed” emerging before the first round of the elections is as follows. At the end of August it is planned to launch a mass media campaign supporting the idea of setting up a People's Audit Committee (Alas! But Natalia Mykhaylivna seems to have already mentioned the need to revive this structure). In the first half of September, at the numerous requests of the workers, the President will issue a decree setting up this committee. It will start functioning immediately. One of the events that will be widely covered by the media is to be held in conjunction with the CEC and is to prevent violations of electoral law. At the same time, the media will launch an anti-Vitrenko campaign (only the pro-presidential media will move with this idea and they will be fully involved in it). And then the President, in accordance with the plan, should make a speech sternly demanding that the dirty propaganda campaign against the people's defender be terminated. The people will applaud the President and then, at the end of September, he will appoint the grateful Natalia Mykhaylivna as the Head of the People's Audit Committee. This would be followed by an official statement of candidates - Kuchma and Vitrenko - as a result of which only one candidate will remain. Natalia Mykhaylivna will be dancing Saint-Sense. It means that she is still unlikely to hear the “swan song” of her political career, but the Russian script writers are rubbing their hands with glee, waiting for the electoral campaign to be over with a feeling that their strategic duty has been completely fulfilled. One should admit that the scenario is not weak. The matter to be addressed is the extent to which Natalia Mykhaylivna is ready for the originality of those who are using her, and to what extent she is aware of the level of cynicism of the system that has been preparing the background for five years to allow this progressive socialist to demonstrate her brilliant abilities in accounting and auditing on behalf of the people? The chain is getting tighter and the leash is getting shorter... However, the Berezovsky-guided Lebed was quickly dismissed from his post and he eventually landed, with his [Berezovsky's] help, in rich territory. The headquarters' script writers, commissioned by the Russian oligarch, are unlikely to have the same long-term and prospective intentions for our Natasha. However, it is quite possible that, even perceiving the danger of this for herself, Natalia Mykhaylivna will be compelled to understand that she has been made an offer she cannot refuse. It is hardly a coincidence that the Sumy governor, Volodymyr Scherban, is telling the media that he financially supported the PSPU's [Progressive Socialist Party of Ukraine] Congress. Then Mr Pinchuk will also recollect how he promoted Ms Vitrenko in Dnipropetrovsk. And here Mr Rabinovych, who started work on Mr Moroz's ratings (“Rabinovych v. Moroz” ... despite the feelings that Rabinovych may arouse in the majority of the population), following the advice from the Presidential Administration, will recollect the PSPU's prospects ... And then it will be corroborated that Bankova had been helping Natalia Mykhaylivna not only because their family and that of Mr Razumkov were on friendly terms. It is possible that no one will have any more doubts that the cool opposition member is just “a loudspeaker” of the administration of the President of Ukraine, whose role is that of the Russian Zhirinovsky (as some slanderers would say) and is employed and paid personally. The role is simple: you might say whatever you like, but act “correctly”, without making the Father [the President] grieve, whilst undermining his enemies.\nSo, if the theme of the “People's audit” is outlined, the Russian plan will be launched. And Kuchma's competitor will be Petro Symonenko. The electoral palette will increasingly gain more clear-cut contours. Kostenko and Onopenko [MPs] have initiated another electoral block, an alliance that constitutes an alternative to that of the “three whales”: Marchuk - Moroz - Tkachenko – the reasons are quite understandable. However, Kostenko's “Rukh” [Ukrainian Political Party] appears and disappears now and then. But definitely there are still Zayets [MP] and other loyal followers of the tactics of Chornovil [leader of another fraction of the “Rukh” at the time], even though they were knocked down [by Kostenko's “Rukh”]. Fidgeting behind the State authorities on an ideological underlay with anti-left colouring. It will be determined here, today, which one of the “Rukhs” is better prepared for defending the national-patriotic masses. Poor Onopenko who is used to various kinds of “kydalovo” (deception) could not possibly answer the question: “If they promise you the PM's office, will you go against Kuchma?” After the centre-right had been joined by the “green” Kononov [a member of the Green Party] whose main idea was to avoid Kuchma's anger while not working for him, there were no more doubts that the ideology of the block lies in self-preservation. And Oliynyk, an “unidentified object” who joined them, has crafty ideas himself. The general perception has not therefore changed.\nThus, only the “triple alliance” of Marchuk - Moroz - Tkachenko joined by “an active bayonet,” Yuri Karmazin, still remains within Bankova's firing line, and on this alliance depends how successful all the candidates will be in Bankova's game aimed at Kuchma's victory. ... Sometimes it really seems that our country deserves Kuchma-2, or another Yurik ... Are we poor Yoriks indeed? And had there not been the fear that the election results might be declared null and void - such fears being unanimously expressed by the pro-presidential people - it might have been possible to think that they were all right ...”", "12. On 21 August 1999 Ms Natalia M. Vitrenko (leader of the PSPU) lodged a complaint with the Minsky District Court of Kyiv against The Day, seeking compensation for pecuniary and non-pecuniary damage because the information contained in the article published on 21 August 1999 was untrue and damaged her dignity and reputation as a Member of Parliament. On 3 March 2000 the Minsky District Court of Kyiv allowed her claims in part and ordered The Day to pay Ms Vitrenko UAH 2,000[1] in compensation for non-pecuniary damage. It also found that the whole article published in The Day was untruthful, since the applicant had failed to prove the truth of the information which it had published. It further ordered the newspaper to publish rectification of this information, within a month, in one of the forthcoming issues of The Day, alongside the operative part of the judgment of 3 March 2000. In particular, the court held:\n“... the court disagrees with the arguments raised by the defendants, since the information disseminated by them in The Day of 21 August 1999 was untrue. This article was published on page 4 in the column entitled “Details” and “Prognosis”. However it was not specified to the reader of the newspaper how he or she could distinguish “the prognosis for the future” from the facts and, moreover, the “details” ...\n... the above-mentioned section 42 of the Printed Mass Media (Press) Act has a specific list of circumstances which exempt the editorial board from liability. This list does not include a “prognosis with the details”, and therefore the liability of the defendants is engaged regardless of “whether they intended to evaluate the developments in the course of the previous presidential elections in Ukraine ...\n... the expressions “a second Yurik for poor Yoriks or a Ukrainian version of Lebed”, “our and your Natasha”, “a scarecrow (strashylka)”, “a loudspeaker of the Administration of the President, acting as Zhirinovsky in Ukraine”, as used by the author, may be [regarded as] ... the author's imagination and are not “generally accepted political rhetoric”. They are, moreover, the author's own “value judgments”...\n... Also, the court disagrees ... that this article pertains to Natalia Vitrenko as a candidate for the Presidency of Ukraine, but not to [her] private life ... The article pertains not to Vitrenko herself but deals with the existence of certain plans of the “Bankova” [the administration of the President of Ukraine] and how Natalia Vitrenko could be manipulated by it ... The court considers that the personal life of the plaintiff as a person, a human being, is closely connected with her political views and beliefs and with her role in the political structure of society. Therefore the role of a “scarecrow” which, according to the prognosis of the defendant, Ms Tetiana E. Korobova, was planned by the Administration of the President of Ukraine, is untruthful. The court considers this to be the product of the author's imagination ...\nThe court considers that such “value judgments” defame the honour and dignity of the plaintiff and her reputation, whereas she is the leader of the PSPU, ... a member of the Verkhovna Rada, and a candidate for the position of President... This means that the article concerns her both as a public and a private person. ...”", "13. On 12 July 2000 the Kyiv City Court upheld this decision. In particular, it stated that the findings of the Minsky District Court of Kyiv were correct since the appellants had failed to prove, and the court did not establish, that the disseminated information was true.", "14. On 14 September 1999 The Day published an article by Ms Tetiana E. Korobova entitled “On the Sacred Cow and the Little Sparrow: Leader of the CPU as Kuchma's Last Hope”. The relevant extracts of the article read as follows:\n“... Petro Mykolayovych was allegedly visited by a person resembling Oleksandr Volkov, Kuchma's election agent, who allegedly told the CPU leader: “If you withdraw from the race [presidential elections], you will lose your head. You withdraw your name from the list [of candidates] today - you will be buried tomorrow...\n... they are ready to go to the very “end”, following the resolutions of the Congress [of the Communist Party] and after Kuchma's election, to collaborate with him and have the Government delivered to them as a present for their services ...\n... Petro Mykolayovych might be offended by The Day again. In vain. Here a parable has just dawned on me. In bitter weather a little sparrow was frozen while flying and collapsed. A cow was passing by and a cowpat fell directly onto the little sparrow. He warmed up, put his little head out and started chirping, in a gleeful mood. And at this point a cat enters, sneaks up on him and there is no more little sparrow. The moral: if you get into dung, just sit there and do not chirp. And remember, not everyone who excretes on you is your enemy and not everyone who pulls you out of the dung is your friend. I apologise for being so straightforward.”", "15. In December 1999 Mr Petro M. Symonenko (the leader of the Communist Party) lodged a complaint with the Minsky District Court of Kyiv against The Day and Ms Tetiana E. Korobova, alleging that the information contained in the publication was untrue. He also sought to defend his honour, dignity and reputation and to obtain compensation for non-pecuniary damage. On 8 June 2000 the Minsky District Court of Kyiv partly allowed Mr Symonenko's complaints and ordered The Day to pay him UAH 1,000[2] in compensation for non-pecuniary damage. It also ordered the newspaper to publish a rectification of the information found to be untrue alongside the operative part of the judgment of 8 June 2000. In particular, it held that:\n“... in examining this case, account has to be taken of the fact that Mr Petro M. Symonenko is a political leader and the article relates to the area of his activity as a politician, and not that of an average citizen. ...\nAs to the other extracts from the article referred to by the plaintiff in his claim, the court considers that they were found to be untrue during the court hearing, since the defendant could not provide the court with evidence proving the truth of the information contained in the publication. ...\nThe defendant's representative maintained during the hearing that these extracts were merely presumptions of the author of the article. However, he failed to confirm this. The court is sceptical, since from the text of the article it cannot be understood that the journalist refers to her statements as presumptions and that the reader has to identify the text as a presumption. The comparison of the plaintiff to “a little sparrow” is in his [the plaintiff's] opinion humiliating. Moreover, there was no evidence of an existing agreement before the elections between Mr Petro M. Symonenko and the officials in office as implied by the headline of the article “The Leader of the CPU as Kuchma's Last Hope”.\n... this [non-pecuniary] damage resulted from the fact that the article was published before the presidential elections, in which the plaintiff was also a candidate. Therefore ... he was compelled to explain to the electorate the issues raised in the article. ... The applicant considers that this article accused him of betraying his party members, colleagues and the electorate. Damage was inflicted on him as a man of honour, taking into account the metaphors that the author used in her article. Thus, the CJSC Ukrainian Media Group published information that it had not verified and disseminated data that was untrue ... and Ms Tetiana E. Korobova invented information that was not true and disseminated it....”", "16. The court also concluded that the following should be adjudged untrue:\n“... the headline of the article on the first page “On the Sacred Cow and the Little Sparrow: The leader of the CPU as Kuchma's last hope.”\n... that Petro Mykolayovych was allegedly visited by a person resembling Oleksandr Volkov, Kuchma's election agent, who allegedly told the CPU leader: “If you withdraw from the race [presidential elections], you will lose your head. You withdraw your name from the list [of candidates] today - you will be buried tomorrow” ...\n... they are ready to go to the very “end”, following the resolutions of the Congress [of the Communist Party] and after Kuchma's election, to collaborate with him and have the Government delivered to them as a present for their services. ...”", "17. On 16 August 2000 the Kyiv City Court upheld this decision. In particular, it stated that the Minsky District Court of Kyiv came to the correct conclusion that the respondent in this case had not proved the truth of the information disseminated about Mr Petro M. Symonenko. It also held that the conclusions of the court were based on the case file and complied with the legislation in force.", "18. The recent Parliamentary Assembly Recommendation “Freedom of Expression in the Media in Europe” (No. 1589 (2003)) concerned the persecution of the media and journalists in Ukraine following publications criticising politicians and officials in power.", "19. The relevant extracts from the PACE Resolution No. 1346 read as follows:\n“1. The Parliamentary Assembly refers to its Resolutions 1179 (1999), 1194 (1999), 1239 (2001), 1244 (2001) and in particular to Resolution 1262 (2001) on the honouring of obligations and commitments by Ukraine, adopted by the Assembly on 27 September 2001. ... 11. The Assembly condemns the very high incidence of violence against journalists (the most prominent among them being the killings of Georgiy Gongadze in 2000 and Ihor Alexandrov in 2001), and the low number of such crimes which have been solved. It is also concerned by the continued abuse of power, particularly in the provinces, with regard to taxation, regulations and police powers in order to intimidate opposition media. It reiterates its call on the Ukrainian authorities to conduct their media policy in a way which will convincingly demonstrate respect for the freedom of expression in the country. ... 12. The Assembly is concerned about the presidential administration's attempts to establish ever tighter control over the State-run, oligarch-controlled and independent media. In this respect it welcomes the resolution adopted by the Verkhovna Rada on 16 January 2003 on the issue of political censorship in Ukraine and, in particular, the amendments adopted on 3 April 2003 concerning a number of laws dealing with freedom of expression, as the aim of these amendments is to offer better legal protection to journalists, particularly in relation to the question of their liability for the dissemination of information and their access to official documents. It expresses the firm hope that these provisions will be effectively implemented at all levels of administration (national, regional and local).”", "20. Relevant extracts from the Resolution of the European Parliament read as follows:\n“... E. whereas freedom of expression in Ukraine is coming under further threat, and an increasing number of serious violations against independent media and journalists are taking place, such as direct pressure and intervention from official services against certain media, arbitrary administrative and legal actions against television stations and other media outlets and harassment of, and violence against, journalists,\n... 2. Calls on the Government of Ukraine to respect freedom of expression and undertake sustained and effective measures to prevent and punish interventions against a free and independent media, arbitrary administrative and legal actions against television stations and other media outlets and harassment of, and violence against, journalists ...”", "21. The relevant extracts from the Report of 8 April 2004 concerning freedom of expression read as follows:\n“47. Freedom of expression and media freedom in Ukraine, which have already been the subject of expert reports and comments by the Ukrainian authorities ..., remain a matter of major concern. ...\n... 55. Some of the new provisions of the new Civil Code that came into force at the beginning of 2004 (text not available) also seem to pose problems with regard to freedom of expression and information, according to information gathered by the Secretariat Delegation. This concerns in particular Article 277, which stipulates that “negative information shall be deemed to be false” and Article 302, which provides that “information communicated by the State organs is truthful”. These provisions could lead journalists to engage in self-censorship in order to avoid prosecution under them. This is another cause for concern, even though Ukrainian courts have not yet ruled on the provisions, given the recent entry into force of the new Civil Code.\nSpecific recommendations: ... The Ukrainian authorities should implement the Council of Europe's recommendations aimed at aligning the Ukrainian laws concerning the media with the relevant Council of Europe standards. They should ensure that any draft law dealing with freedom of expression and information strictly respects the standards, as set out in particular in Article 10 of the European Convention on Human Rights.”" ]

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[ "4. In 1991, the General Directorate of National Roads and Highways (Devlet Karayolları Genel Müdürlüğü), a State body responsible, inter alia, for motorway construction, expropriated four plots of land belonging to the applicants in Ankara in order to build the Ankara Central Motorway. A committee of experts assessed the value of the land and the sum so fixed was paid to them when the expropriation took place.", "5. Following the applicants' requests for increased compensation, on 2 February 1995 the Ankara Civil Court of First Instance awarded them additional compensation of 2,752,155,000 Turkish liras (TRL) (approximately 7,483 euros (EUR)), plus interest at the statutory rate applicable at the date of the court's decisions, running from 1 August 1992.", "6. On 22 December 1997 the Court of Cassation upheld the judgment of 2 February 1995.", "7. On 19 January 1998 the decision of the Court of Cassation was served on the applicants.", "8. On 18 March 1998 the administration paid the applicants TRL 7,614,418,000 (approximately EUR 20,705) in additional compensation together with interest." ]

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