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ecthr_a · 11k rows

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[ "4. The applicant was born in 1934 and lives in the city of Snizhne, Ukraine.", "5. On 12 June 2000 the Snizhne City Court ordered the State Holding Company “Torezantratsit” to pay the applicant UAH 3,448.60[1] in salary arrears and other payments.", "6. On 26 June 2000 the Torezk City Bailiffs’ Service instituted enforcement proceedings in respect of that judgment.", "7. On 2 March 2004 the Bailiffs’ Service informed the applicant that the judgment of 12 June 2000 could not be executed due to the large number of enforcement proceedings against the debtor, and that the procedure for the forced sale of assets belonging to the debtor has been suspended due to the moratorium on the forced sale of property belonging to State enterprises introduced by the Law of 29 November 2001.", "8. On 28 October and 22 December 2004, respectively, the full amount of the judgment debt was paid to the applicant in two instalments of UAH 2,679.70[2] and 768.90[3]." ]	[ 3 ]
[ "8. The applicant was born in Orenburg, Russia, in 1954. He currently resides in Simferopol, the Crimea.", "9. In 1984 the applicant was convicted of attempted rape. However, he was exempted from serving his sentence on the grounds of diminished responsibility and underwent compulsory medical treatment in a psychiatric hospital from 1984 to 1986.", "10. On 9 September 1990 the applicant again attempted to commit rape.", "11. On 9 April 1991 the Zheleznodorozhny District Court of Simferopol (the “Zheleznodorozhny Court”) ordered the applicant to undergo compulsory medical treatment in a psychiatric hospital under close supervision. This decision was not appealed and became final. He was detained in the Dnepropetrovsk Specialised Psychiatric Hospital.", "12. On 24 November 1997 the psychiatric commission recommended that the applicant be transferred to a hospital with strict supervision (a higher level than the previous one).", "13. On 2 December 1997 the Krasnogvardejsky District Court of Dnepropetrovsk allowed the petition lodged by the chief psychiatrist of the Dnepropetrovsk Regional Health Department. It quashed the decision of 9 April 1991, but decided that the applicant should continue to undergo compulsory medical treatment under close supervision. This resolution was not appealed and became final.", "14. From 11 September to 14 December 1997 the applicant remained in detention in the Dnepropetrovsk Specialised Psychiatric Hospital under close supervision.", "15. From 15 December 1997 until 20 January 1999 the applicant was under compulsory medical treatment with close supervision in the Crimean Republican Psychiatric Hospital (the “CRPH”).", "16. On 17 December 1998 the CRPH lodged a request with the Zheleznodorozhny Court that the applicant’s regime be reduced to ordinary supervision.", "17. On 6 January 1999 the Zheleznodorozhny Court decided that the applicant should be placed under ordinary supervision in the psychiatric hospital since his behaviour had improved.", "18. On 12 July 1999 the Zheleznodorozhny Court refused an application by the Chief Psychiatrist of the Ministry of Health of the Crimea (the “Chief Psychiatrist”), based on a medical report dated 3 June 1999, to terminate the applicant’s compulsory medical treatment since his state of health had improved. In particular, it referred to the gravity of the offence committed by the applicant.", "19. On 19 August 1999 the applicant’s lawyer lodged a cassation appeal with the Supreme Court of the Crimea. On 30 August 1999 this court upheld the decision of 12 July 1999. In particular, it ruled that the requests for release were unsubstantiated as the applicant had not fully recovered from his mental illness.", "20. On 14 March 2000 the Zheleznodorozhny Court rejected a further application by the Chief Psychiatrist lodged on the basis of the conclusions of the applicant’s medical examination on 13 January 2000, as being unsubstantiated.", "21. On 20 March 2000, the applicant’s lawyer lodged an appeal in cassation with the Supreme Court of the Crimea. On 4 April 2000 the court upheld the decision.", "22. On 10 July 2000 the Chief Psychiatrist lodged another application with the Central District Court of Simferopol (the “Central Court”) seeking to quash the compulsory medical treatment of the applicant and to transfer him to a regime of ordinary supervision. On 1 September 2000 the Central Court rejected this application for lack of substantiation and, on 31 October 2000, the Supreme Court of the Crimea upheld that decision.", "23. On 15 March 2001 the psychiatrist of the CRPH lodged an application with the Zheleznodorozhny Court seeking to quash the compulsory medical treatment imposed on the applicant. He also requested that the court order the applicant’s transfer to an ordinary supervisory regime. On 7 May 2001 the Central Court rejected this application as unsubstantiated. In particular, it noted the gravity of the crime committed by the applicant and the fact that he was a repetitive offender. The court further held that the conclusions of the medical commission were insufficient to quash the compulsory treatment measure.", "24. On 21 September 2001 the Head of the Medical Department of the CRPH lodged an application with the Zheleznodorozhny Court, seeking to end the compulsory medical treatment of the applicant and to transfer him to a regime of ordinary supervision.", "25. On 23 October 2001 the Zheleznodorozhny Court allowed the application and decided that treatment could be given to the applicant under ordinary supervision, since his state of health had improved. The resolution of 23 October 2001 was not appealed and became final.", "26. The applicant was released from the psychiatric hospital on 8 November 2001." ]	[ 2 ]
[ "9. The applicant is a Moldovan incorporated insurance company, with its seat in Chişinău.", "10. On 12 June 1991, a governmental order allowed the applicant company to enter “banking and investments operations”, apart from its main insurance activity.", "11. On 28 November 1991, the applicant company obtained from the National Bank of Moldova a licence to engage in banking operations. During a routine audit procedure, the company refused to disclose its books, claiming it did not perform any banking activities. On 13 October 1992, the applicant company’s licence was withdrawn. The applicant company did not challenge this decision.", "12. On 25 November 1994, the applicant company concluded a one-year contract (“the contract”), with company F., entitled “Joint Commercial Transaction”. The applicant company made a capital contribution of 330,000 Moldovan lei (MDL) to company F., and in exchange it was to receive the sum of MDL 269,500, payable in monthly instalments. Company F. was also to reimburse the capital contribution in a lump sum by 25 November 1995. Non compliance with the terms of the contract gave rise to a penalty of 0,50% of the unpaid sum for each overdue day. By a collateral contract, company F. mortgaged its plant and equipment, as security.", "13. By 23 April 1996, company F. had paid the applicant company MDL 420,750. Due to a slowdown in the national economy, company F. was, as of that date, unable to pay the balance in full and had no reasonable prospect of complying with the terms of the contract.", "14. On 24 May 1996 the applicant company filed an application with the Arbitration Court of the Republic of Moldova for breach of contract and requested that company F. be ordered to pay MDL 468,472, constituting the capital contribution and contractual penalties.", "15. Company F. argued that the contract contained an implied obligation, arising from the nature and purpose of the contract, that the applicant company was to contribute to the expenses and losses of the joint venture. As the company had experienced losses, in spite of its good faith in performance, it asked for an adjustment or cancellation of the MDL 468,472 debt, invoking the Civil Code provisions on risk-sharing in joint ventures. As a subsidiary argument, it submitted that, in the absence of this implied obligation, the contract became a regular loan, for which the applicant company did not possess a licence.", "16. On 1 August 1996 the Arbitration Court partially allowed the applicant company’s application, but it reduced the contractual penalties by 50%, considering the claim to be disproportionate in relation to the actual damage experienced by the applicant company, and issued an order of payment for an amount of MDL 327,474.75 (the equivalent of 62,780.00 euros (EUR) at the time)).", "17. On 20 August 1996, the Prosecutor General, who was not a party to the proceedings, lodged an ordinary appeal against the judgment of 1 August 1996.", "18. On 28 November 1996 the “Law on Economic Courts” entered into force. It provided for the re-organisation of the part of the judiciary system dealing with economic disputes. The re-organisation process resulted in a suspension of the hearings for several months.", "19. On 14 April 1997 the Prosecutor General withdrew his appeal against the judgment of 1 August 1996. The judgment of the Arbitration Court thus became final.", "20. On 16 June 1997 the Prosecutor General lodged a request for annulment (recurs în anulare) under Article 38 § 3 of the Law on Economic Courts against the judgment of 1 August 1996, asking that the contract be declared null and void for non-compliance with the Law on Banks and Banking Activities.", "21. On 23 September 1997 the Appeal on Points of Law Chamber of the Economic Court allowed the Prosecutor’s request, quashed the judgment of 1 August 1996, and dismissed the applicant company’s action.", "22. On 24 December 1997, the Supreme Court of Justice rejected the applicant company’s appeal against the above judgment. It found that the contract was a disguised credit operation and since the applicant company no longer possessed a banking licence, such a contract was illegal.", "23. On 21 January 1998 the Supreme Court of Justice dismissed the applicant’s extraordinary appeal (contestaţie în anulare) on the ground that the conditions for the re-opening of the case had not been fulfilled.", "24. On 17 July 1996, pursuant to Article 5 (2) of the Code of Civil Procedure, the Prosecutor General filed an application with the Arbitration Court of Moldova, seeking the annulment of the contract concluded between the applicant company and company F. on 25 November 1994. According to the Prosecutor General, the contract was a disguised credit operation subject to a very high interest rate and the applicant company was not entitled to perform credit operations without a licence.", "25. On 26 July 1996 the Arbitration Court dismissed the Prosecutor General’s application. The court found, inter alia, that according to the Law on Insurance, insurance companies were allowed to provide commercial and financial services and that the provision of credit was also permitted under the Civil Code. The Arbitration Court did not examine the question of the need for a licence. Since no party appealed, the judgment became final.", "26. On 16 June 1997 the Prosecutor General lodged under Article 38 § 3 of the Law on Economic Courts a request for annulment (recurs în anulare) of the judgment of 26 July 1996.", "27. On 23 September 1997 the Appeal on Points of Law Chamber of the Economic Court of Moldova dismissed the request.", "28. On 17 November 1997 the Prosecutor General lodged under Article 278/60 of the Code of Civil Procedure an appeal on points of law (recurs) against this decision.", "29. On 24 December 1997, the Supreme Court of Justice quashed the judgments of 26 July 1996 and of 23 September 1997. It found in favour of the Prosecutor General and declared the contract between the applicant company and company F. null and void on the ground that it was a disguised credit operation for which the applicant company had no licence.", "30. On 25 December 1997 the applicant company lodged an extraordinary appeal (contestaţie în anulare) against the decision of 24 December 1997.", "31. On 21 January 1998 the Supreme Court dismissed the extraordinary appeal. 4. Proceedings C: for confiscation of the money constituting the investment and the profit related to the contract of 25 November 1994", "32. On 2 February 1998 the Prosecutor General and the Ministry of Finance filed an application with the Economic Court of the Republic of Moldova for the confiscation of MDL 420,750 from the applicant company. The amount represented the profit obtained by ASITO as a result of the contract with company F., which had been declared null and void by the Supreme Court’s judgment of 24 December 1997. In his application, the Prosecutor General referred, inter alia, to the judgment of 23 September 1997 of the Appeal on Points of Law Chamber of the Economic Court and to the judgment of 24 December 1997 of the Supreme Court of Justice.", "33. On 20 May 1998 the Prosecutor General requested that the amount to be confiscated be reduced. In this respect, the Prosecutor General pointed out that, according to the Law on Enterprises and Business Professions, an enterprise having exercised an illegal activity was accountable for the profit obtained and for a penalty equal to the profit. Since ASITO’s profit amounted to MDL 90,750, the Prosecutor General requested that MDL 181,500 be confiscated.", "34. On 2 February 1999, the Economic Court of the Republic of Moldova found in favour of the Prosecutor General and the Ministry of Finance and ordered ASITO to pay the State MDL 186,945.00 (the equivalent of EUR 18,765.00 at the time).", "35. On 25 October 2000 the applicant’s appeal was dismissed by a final judgment of the Appeal on Points of Law Chamber of the Economic Court of the Republic of Moldova.", "36. On 16 July 2003 the applicant applied to the Supreme Court of Justice for revision of the judgments of 24 December 1997 and 21 January 1998. On 4 September 2004 the Supreme Court of Justice dismissed the applicant’s request.", "37. On 13 November 2003 the Prosecutor General’s Office applied to the Supreme Court of Justice for revision of the judgments of 24 December 1997. On 16 September 2004 the Supreme Court of Justice dismissed the request." ]	[ 3, 9 ]
[ "7. The applicant was born in 1945 and resides in the city of Donetsk, Ukraine.", "8. The applicant has worked as an English teacher in a secondary school since 1984.", "9. On 23 March 1996 the Ukrainian Parliament adopted a new wording for the Education Act that provided for, in particular, the payment of certain benefits to teachers.", "10. On 2 April 1999 the applicant instituted civil proceedings in the Leninsky District Court of Donetsk against the Leninsky District Department for Education, claiming entitlement to those benefits. The applicant maintained that he had more than 10 years’ of service and was thus entitled to a 20% increase in his salary as from 1 January 1997. However, the defendant had not paid him this increase. He further maintained that the defendant had not paid him annual bonuses for excellent work and recreation. The defendant stated that the claimed amounts could not be paid because the State budgets for 1997-1999 did not make any provision for such expenditures.", "11. On 5 October 1999 the court found in part for the applicant. The court rejected the applicant’s claim for an excellent work bonus as such a payment required an assessment of the applicant’s work which was outside the court’s competence. The court also rejected the applicant’s claim for unpaid benefits in 1997 and 1998 as being out of time, according to the law on employment disputes. The court further rejected the applicant’s claim for benefits after 1 June 1999 as the Secondary Education Act, adopted in May 1999, had suspended them. The court, however, awarded the applicant the claimed increase in salary for the period between 1 January and 1 June 1999.", "12. The applicant appealed against this decision to the Donetsk Regional Court.", "13. On 4 November 1999 the regional court quashed the decision of the first instance court and remitted the case for a fresh consideration. The court noted, in particular, that the Secondary Education Act had entered into force on 23 June 1999; therefore the first instance court had erroneously overlooked the period between 1 and 23 June 1999.", "14. On 24 February 2000 the Leninsky District Court of Donetsk ruled against the applicant. The court found that, under the transitional clauses of the Secondary Education Act, the provision entitling the applicant to benefits would only resume force on 1 September 2001. Thus, at the time of the examination of the claim, there was no legal basis for it.", "15. On 30 March 2000, the Donetsk Regional Court upheld the decision of the first instance court. It observed that the claims of the applicant for the periods prior to the adoption of the Secondary Education Act could not be satisfied, since at the time of the consideration of the case the relevant provisions of the Education Act had been suspended by the Secondary Education Act. This decision was final." ]	[ 9 ]
[ "4. The applicant was born in 1928 and lives in the city of Khmelnytskyi, Ukraine.", "5. On 22 August 2002 the Pecherskyi District Court of Kyiv ordered the Khmelnytskyi Regional Court of Appeal to pay the applicant UAH 9,565.17[1] in pension arrears (involving a special retired judges’ allowance). The court also ordered the Ministry of Finance and the Ministry of Justice to transfer to the Khmelnytskyi Regional Court of Appeal the amount of the award.", "6. On 31 January 2003 the Pecherskyi District Bailiffs’ Service instituted enforcement proceedings in respect of that judgment.", "7. On 15 December 2003 the judgment was enforced in full.", "8. On 27 December 2002 the Pecherskyi District Court of Kyiv ordered the Ministry of Finance and the Ministry of Justice to pay the applicant UAH 3,618.78[2] in similar pension arrears. The court held that the amount of the award should be seized from a specific account of the State Treasury.", "9. On 5 March 2003 the Pecherskyi District Bailiffs’ Service instituted enforcement proceedings in respect of the judgment of 27 December 2002. On 16 May 2003 the Bailiffs’ Service submitted the writ of execution for the judgment to the State Treasury of Ukraine. On an unspecified date the State Treasury returned the writ of execution and informed the Bailiffs’ Service that the judgment could not be enforced because of the absence of relevant allocations from the State Budget.", "10. On 24 December 2004 the judgment of 27 December 2002 was enforced in full." ]	[ 3, 9 ]
[ "7. The applicant was born in 1972 and lives in Arlington, United States of America.", "8. Georgiy Gongadze, the applicant's husband, was a journalist. He disappeared on 16 September 2000 in circumstances that have not yet been fully established by the Ukrainian authorities despite the numerous demands and requests of the applicant. Recently, however, several police officers were charged with the kidnap and murder of Mr Gongadze.", "9. Mr Gongadze was a political journalist and the editor-in-chief of Ukrayinska Pravda, an online newspaper. He was known for his criticism of those in power and for his active involvement in awareness-raising in Ukraine and abroad as regards the problems of freedom of speech in his country. He reported on such topics as the allegedly undemocratic initiatives of the Ukrainian authorities and corruption amongst high-level State officials.", "10. For months before his disappearance Mr Gongadze had been telling his relatives and colleagues that he was receiving threats and was under surveillance.", "11. On 14 July 2000 Mr Gongadze wrote an open letter to the Prosecutor General making the following complaints:\n(i) His relatives and friends in the city of Lviv, and his colleagues in Kyiv, had been interviewed by law enforcement officers about him. The pretext for holding these interviews had been an inquiry into a criminal incident in Odessa in which Mr Gongadze had allegedly been involved. (The applicant maintained that Mr Gongadze had known nothing about the incident or the people involved in it. He himself had never been interviewed about it.)\n(ii) For some time, unknown persons in a car with the number plate 07309 KB had been following Mr Gongadze from his home to his office and back.\nIn his open letter, Mr Gongadze requested the Prosecutor General to take measures to protect him from what he described as “moral terror”, and to find and punish those involved.", "12. In response, the Prosecutor General sent the letter to the regional prosecutor's office in Lviv, where Mr Gongadze was officially registered as a resident (propiska). The Lviv prosecutor replied that the places and streets (of Kyiv) mentioned in Mr Gongadze's letter were unknown in Lviv.", "13. Later, the then Minister of the Interior told representatives of the non-governmental organisation “Reporters sans frontières” (as recounted in the latter's report of 22 January 2001) that the car registration plate had been stolen from a police vehicle in February 2000.", "14. On 1 September 2000 the General Prosecutor's Office (“the GPO”) informed Mr Gongadze that there were no grounds for the adoption of any decision under Article 52-1 of the Code of Criminal Procedure (protective measures during criminal proceedings) regarding his letter.", "15. Mr Gongadze disappeared on 16 September 2000.", "16. On 17 September 2000 the applicant reported her husband's disappearance to the Moskovskiy District Police Department in Kyiv.", "17. On 18 September 2000 (19 September, according to the Government) the Pechersky district prosecutor's office initiated an inquiry into a case of premeditated murder (the “Gongadze case”). The inquiry included a search of the places where Mr Gongadze had last been seen and interviews with people who had been there at the time. The applicant maintained that the investigating prosecutor in charge of the case, Mr H., had seemed to be conducting a serious investigation. However, he was replaced at the beginning of November by another prosecutor, Mr V.", "18. On 2 November 2000 the decapitated body of an unknown person was discovered in the vicinity of the town of Tarashcha, in the Kyiv Region.", "19. On 3 November 2000 the Kyiv regional prosecutor's office initiated an inquiry into the murder of an unidentified person (the “Tarashcha case”).", "20. The first autopsy of the corpse was performed by a local expert and the findings were presented on 8 November 2000. According to these findings, the time of death of the unknown person roughly corresponded to the time of the disappearance of Mr Gongadze.", "21. On 10 November 2000 relatives learned from a brief article in the newspapers about the discovery of an unidentified body in the vicinity of Kyiv. On 15 November 2000, on examining the body, they identified jewellery belonging to Mr Gongadze and the marks of an old injury to the body that corresponded to that of the missing journalist. The contents of the stomach corresponded to the food which Mr Gongadze had eaten on the day of his disappearance. The relatives took a fragment of skin from the body to be examined by independent experts.", "22. From that date onwards, the prosecutor allegedly began actively to impede the investigation. On 15 November 2000 the body was removed from the morgue in Tarashcha. Three days later the Kyiv regional prosecutor's office admitted that the body had been transferred to Kyiv. All documents relating to the first forensic examination conducted in Tarashcha were confiscated. The local expert was prohibited from talking about the autopsy of the body and later became the subject of criminal proceedings. On 16 November 2000 the Deputy Minister of the Interior announced that, contrary to the preliminary findings, the body which had been discovered had been buried in the ground for about two years.", "23. On 21 November 2000 the applicant requested the investigator at the Pechersky district prosecutor's office\n(i) to recognise her as a civil party to the proceedings in the Tarashcha case;\n(ii) to identify the body and the jewellery found with it; and\n(iii) to organise a forensic medical examination in order to establish whether the body found in Tarashcha was that of her husband.", "24. On 23 November 2000 the investigator rejected this request.", "25. That day the applicant also requested the prosecutor of the Kyiv Region not to cremate the body found in Tarashcha and to let her bury it if the body were to be identified as that of her husband.", "26. On 29 November 2000 the Pechersky district prosecutor's office recognised the applicant as a civil party in the Gongadze case.", "27. On 4 December 2000 the head of the investigation department of the Kyiv regional prosecutor's office informed the applicant that a criminal investigation into the murder of the unidentified person had been initiated and that a forensic medical examination had been organised. However, there were no grounds to recognise the applicant as a civil party in the Tarashcha case. They promised to keep the applicant informed as to her possible participation in the identification of the objects found with the body. Accordingly, the applicant was not allowed to participate in the identification of the body at that stage.", "28. On 6 December 2000 the applicant asked the GPO to be allowed to participate in the identification of the body and requested that the two sets of proceedings be joined.", "29. On 8 December 2000 the Prosecutor General announced that DNA analysis could not be done for the time being because Mrs Lesya Gongadze, the deceased's mother, was ill. This statement was denied by the latter herself. The Prosecutor General then declared that he had been misunderstood.", "30. On 10 December 2000, more than a month after the body had been discovered, the applicant was allowed to participate in its identification. Being under stress, she was unable to make a positive identification of the body as being that of her husband.", "31. On 11 December 2000 a blood sample was taken from the deceased's mother for DNA analysis.", "32. On 14 December 2000 the applicant requested the Prosecutor General to involve foreign experts in the investigation of the case under the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959.", "33. On 15 December 2000 the Prosecutor General announced that the body found in Tarashcha was not that of Mr Gongadze.", "34. On 18 December 2000 the GPO refused the applicant's request to involve foreign experts in the DNA analysis and informed her that the Ukrainian institutions were empowered to conduct all necessary examinations.", "35. Later, several DNA analyses were conducted in the case, including by foreign experts. The forensic medical examinations conducted by the Russian and United States specialists confirmed that it was highly probable that the body found in Tarashcha was that of Mr Gongadze. However, within the framework of an investigation conducted by an ad hoc parliamentary committee, an examination conducted by German specialists did not confirm this finding.", "36. The applicant maintained that she had never been informed directly by the investigating authorities about the results of these examinations, but had learned about them from the media.", "37. On 10 January 2001 the Prosecutor General informed Parliament of the provisional findings of the forensic medical examination conducted by the Russian experts, which showed that the body found in Tarashcha was that of Mr Gongadze (99.64% probability). Nevertheless, the identity of the body could not be confirmed as there were witnesses who claimed to have seen Mr Gongadze alive in Lviv after his disappearance, in November and December 2000. This information had been checked but was also not confirmed.", "38. On 12 January 2001 the applicant and the deceased's mother requested the GPO to recognise them as civil parties in the Tarashcha case and to conduct another examination of the body. The same day the applicant was informed by the Prosecutor General that her status as a civil party, which had been granted by the Pechersky district prosecutor's office on 29 November 2000, was annulled. The applicant lodged a complaint with the Pechersky District Court of Kyiv.", "39. On 13 January 2001 the GPO rejected the applicant's request to be recognised as a civil party, stating that it had not been established beyond all doubt that Mr Gongadze was dead or that the body found in Tarashcha was his.", "40. On 15 January 2001 the Pechersky District Court recognised the right of the applicant and the deceased's mother to be civil parties and ordered the GPO to grant them this status. However, despite the order, the GPO again refused this status on 17 January 2001. Exceptionally, the GPO agreed to give them the Tarashcha body for burial, whilst emphasising that the GPO was not competent to issue a death certificate.", "41. Also on 15 January 2001 the editor-in-chief of the Grani newspaper made public the names of four policemen who had allegedly participated in the surveillance of Mr Gongadze.", "42. The applicant and the deceased's mother challenged the refusal to grant them aggrieved-party status in the Pechersky District Court. On 9 February 2001 that court found that the GPO's decision was illegal. The GPO appealed.", "43. On 24 January 2001 the investigators severed a defamation case involving a Mr Melnychenko from the Gongadze case (see Melnychenko v. Ukraine, no. 17707/02, § 15, ECHR 2004-X).", "44. Despite its appeal, on 26 January 2001 the GPO recognised the status of the applicant and the deceased's mother as civil parties in the light of further forensic evidence. (The applicant maintained that this was done under the influence of Resolution 1239 (2001) of the Parliamentary Assembly of the Council of Europe, adopted on 25 January 2001, which called on the authorities to conduct “an expeditious, full and transparent investigation into the disappearance or death of Mr Gongadze, and to make known the results of the investigation as quickly as possible; ... to respect the rights of the victim's relatives, including their right to be the aggrieved side in the case of Mr Gongadze's death”.)", "45. On 27 February 2001 the GPO informed the applicant that additional evidence had confirmed that the body found in Tarashcha was that of Mr Gongadze. An investigation into the murder of Mr Gongadze was initiated, and the applicant and the deceased's mother were granted the status of aggrieved parties.", "46. On 16 March 2001 the applicant requested the Prosecutor General to give her access to the case-file material concerning the forensic medical examination of the body. On 19 March 2001 the investigating officer refused, stating that it was part of the preliminary investigation and the applicant could only have such access when the preliminary investigation was over. The applicant's lawyer unsuccessfully challenged this refusal in the Pechersky District Court of Kyiv.", "47. On 30 March 2001 the applicant lodged a complaint with the Pechersky District Court of Kyiv alleging negligence by the investigators.", "48. On 26 April 2001 the investigator carried out an inspection of the Tarashcha body in the presence of the deceased's mother and her lawyer, and the applicant's lawyer. An additional forensic examination and a genetic identification test were carried out by United States specialists. The joint examination by the United States and Ukrainian experts confirmed that the Tarashcha body was that of Mr Gongadze.", "49. On 8 May 2001 the applicant requested full access to the case file, which was refused on 17 May 2001 pending the pre-trial investigation.", "50. On 15 May 2001 the Minister of the Interior announced that the two presumed murderers of Mr Gongadze, identified as drug users, had died and that the case was therefore solved. The Minister further stated that the murder had been spontaneous, with no political motive. On 17 May 2001 the GPO contradicted this announcement and recommended that the Minister refrain from disclosing any information about the criminal investigation.", "51. On 18 May 2001 the applicant requested the GPO to confirm the Minister's statement and to inform her as to when she would be allowed access to the case file. The same day the GPO informed the applicant that important additional information had been obtained and needed further examination, and that it would therefore be premature to say that the preliminary investigation was over.", "52. On 22 May 2001 the applicant requested the GPO to involve experts from the United States Federal Bureau of Investigation (FBI) in the investigation. Her request was refused on 25 May 2001.", "53. By a letter of 30 May 2001, the GPO authorised the Kyiv Office for Forensic and Medical Examinations to deliver the remains of Mr Gongadze to his relatives for burial. A copy of this letter was handed to the representative of the deceased's mother and sent by mail to the applicant's representative. On 6 July 2001 the forensic office informed the deceased's mother that she could take the body away for burial. However, according to the Government, the body was still in the Kyiv Office for Forensic and Medical Examinations, although the burial decision remained exclusively with the deceased's mother and the applicant.", "54. On 6 September 2001 the applicant's representative requested access to the results of all the forensic examinations in the case file. She also asked when the preliminary investigation would be finished. On 7 September 2001 the GPO replied that it was not yet possible to say.", "55. In a further reply of 10 September 2001, the GPO stated that the representative of an aggrieved party had a right of access to the results of forensic examinations, but only after the pre-trial investigation had been completed. According to the Government, the GPO noted that the representative had had access to the results of the forensic examinations and genetic tests within the limits permitted by the confidentiality of the investigation.", "56. On 10 October 2001 the Kyiv City Justice Department informed the applicant that her negligence claim against the investigators, lodged on 30 March 2001 with the Pechersky District Court of Kyiv, had not been registered and could not be found. The Department of Justice advised the applicant to lodge the complaint again with that court.", "57. On 30 October 2001 the applicant requested the GPO to provide her with information about the forensic medical examination conducted by the FBI and the reasons for the contradictory findings of the forensic medical examinations conducted by the Russian and German experts. She requested that an additional forensic medical examination be held to answer these questions.", "58. On the same date the applicant was informed by the GPO that the case file could not be disclosed before the end of the preliminary investigation and that the preliminary investigation would be finalised when the person guilty of the crime had been found.", "59. On 31 October 2001 the GPO stated that the forensic medical examinations had established that the body found in Tarashcha was that of Mr Gongadze. It further informed the applicant that the results of the forensic medical examination conducted by the German experts could not be included in the case file, as the tissue samples for that examination had been taken by an unauthorised person in breach of established procedures.", "60. On 13 November 2001 the Kyiv City Justice Department again informed the applicant that her negligence claim against the investigators, lodged with the Pechersky District Court of Kyiv, had not been registered and could not be found. The Department of Justice advised the applicant to lodge the complaint again with the Pechersky District Court.", "61. On 3 December 2001 the applicant lodged a complaint with the Pechersky District Court of Kyiv about the GPO's refusal to allow her access to the case-file material concerning the forensic medical examination of the body.", "62. On 11 February 2002 the Pechersky District Court held that the applicant's complaint against the GPO could not be considered prior to the transfer of the case to the court. It decided to attach the complaint to the case file for consideration at a later date. The court stated that the Code of Criminal Procedure did not provide for a separate appeal against the investigators on the ground of their refusal of access to the case-file material relating to the forensic medical examination.", "63. On 20 February 2002 the State Civil Registration Office in Lviv refused to issue a death certificate for Mr Gongadze in the absence of any document confirming his death.", "64. On 28 March 2002 the applicant requested Mr Robert Ménard, the Secretary-General of “Reporters sans frontières”, to be her representative in the case.", "65. On 22 May 2002, while the power of attorney for this purpose was being prepared, Mr Ménard requested the GPO, on behalf of the deceased's mother who was also a civil party to the case, to interview the four police officers named in the press as having followed Mr Gongadze. He further requested access to the case-file material concerning the forensic medical examinations, and asked for another examination by foreign experts. His request was not answered.", "66. Another request by Mr Ménard on 10 June 2002 was refused by the GPO on 18 June 2002 on the ground that he could not be recognised as the representative of the civil party. On 19 June 2002 Mr Ménard asked the GPO to annul that decision.", "67. On 6 July 2002 a new Prosecutor General was elected, who confirmed on 3 September 2002 that there had been numerous irregularities in the previous investigation.", "68. On 10 September 2002 the Prosecutor General announced an investigation into the alleged falsification of procedural documents by the prosecutor and investigator from the town of Tarashcha.", "69. On 16 September 2002 “Reporters sans frontières” requested access to all the forensic results in the case file and their examination by an independent expert. They also requested information about the identity of the four persons who had followed Mr Gongadze before his disappearance.", "70. In October 2002 a new forensic examination took place in Switzerland. On 11 March 2003 “Reporters sans frontières” announced that the last DNA test had unequivocally identified the body as that of Mr Gongadze.", "71. In November 2002 the prosecutor from the Tarashcha district prosecutor's office was arrested and charged with negligence in the investigation of the case. On 6 March 2003 the prosecutor was sentenced to two and a half years' imprisonment but absolved from serving the sentence by the Shevchenkivsky Local Court of Kyiv under an amnesty law.", "72. On 15 January 2003 the chairman of the parliamentary ad hoc committee on the Gongadze case announced that the persons responsible for the death of Mr Gongadze were members of the police.", "73. On 17 February 2003 Parliament requested the GPO to investigate the possible role of Mr Kravchenko, who had been Minister of the Interior at the time of the disappearance of Mr Gongadze, in the death of the journalist. This request was supported by 120 members of parliament.", "74. On 24 February 2003 the Prosecutor General, Mr Piskun, declared that they were checking the information about the involvement of senior officials of the Ministry of the Interior in the death of Mr Gongadze.", "75. On 28 February 2003 the Prosecutor General openly criticised his predecessor, Mr Potebenko, for impeding the investigation into the murder of Mr Gongadze.", "76. In May 2003 a former police officer, Mr G., was arrested and charged with setting up a criminal group with the participation of the police. He died in prison on 1 August 2003 in unclear circumstances. His lawyers maintained that he had been beaten and tortured. The body of Mr G. was cremated on 3 August without an autopsy.", "77. On 5 August 2003 the letters of the late Mr G. appeared in the media. In these letters he accused the police and senior officials of kidnapping and killing Mr Gongadze. These letters, and the documents attached to them, were sent to the GPO.", "78. On 9 September 2003 the GPO confirmed that the handwriting of the letters was that of the late Mr G.", "79. On 22 October 2003 Lieutenant-General Pukach, an official of the Ministry of the Interior, was arrested on suspicion of involvement in the disappearance of Mr Gongadze. He was accused of ordering the destruction of important documents in the case.", "80. On 29 October 2003 the Prosecutor General, Mr Piskun, was dismissed by the President.", "81. On 6 November 2003 the Kyiv City Court released Mr Pukach on his undertaking not to abscond.", "82. On 15 August 2005 the applicant was allowed to have access to the criminal case file.", "83. The applicant noted that, since 1991, eighteen journalists had been killed in Ukraine.", "84. The applicant maintained that the political situation which had developed after the disappearance of her husband illustrated the attitude of the Ukrainian authorities towards freedom of the press.", "85. Soon after the disappearance of Mr Gongadze, the President of Ukraine had promised to employ every means to find him. After a motion voted by Parliament, the President had assigned three law enforcement agencies – the GPO, the police and the security services – to work on the case.", "86. On 18 September 2000 an anonymous person called the embassy of Georgia in Kyiv with the information that the responsibility for the disappearance of the journalist lay with Mr K., the notorious leader of a criminal group, and with the Minister of the Interior and an MP, Mr Volkov. The Ambassador of Georgia, who made the contents of the call public, was recalled to Georgia several weeks later. The Ukrainian authorities denied any link between the two events.", "87. At the end of September 2000 Parliament created an ad hoc committee to investigate the disappearance of Mr Gongadze. The Prosecutor General refused to collaborate with the committee as its request to interview experts and officers was considered unconstitutional.", "88. On 28 November 2000 the Chairman of the Socialist Party, Mr Moroz, publicly announced the existence of audio tapes, secretly made in the office of the President, implicating President Kuchma and other high-level State officials in the disappearance of Mr Gongadze. In one of the recorded conversations, allegedly between the President and the Minister of the Interior, the President had asked for Mr Gongadze to be threatened. The Minister had then proposed certain people whom he called “real eagles”, capable of anything, to do the job.", "89. The applicant maintained that, due to doubts as to the quality of the tapes, it was not possible to establish their authenticity, although a United States laboratory (BEK TEK) confirmed that they were genuine. She referred to the report of 22 January 2001 by “Reporters sans frontières” that testified to the existence of special forces in the police, and groups of retired police officers recruited by the mafia who would commit acts of violence against political figures or journalists.", "90. After the disappearance of Mr Gongadze, many news media experienced pressure and censorship over their coverage of the case.", "91. On 15 September 2001 several thousand opposition supporters demonstrated in memory of Mr Gongadze.", "92. The case of the disappearance of Mr Gongadze attracted the attention of many international organisations. It was analysed in the context of the lack of freedom of the media in Ukraine, which had been criticised for several years at international level.", "93. On 25 January 2001 the Parliamentary Assembly of the Council of Europe (PACE) adopted Resolution 1239 (2001) expressing its concern about “the intimidation, repeated aggression and murders of journalists in Ukraine and the frequent abuse of power by the competent Ukrainian authorities in respect of freedom of expression”. It further stated that the investigation into the disappearance of Mr Gongadze “should be considered as a test for freedom of expression and the functioning of parliamentary democracy in Ukraine”.", "94. A plea for a speedy and transparent investigation into all cases of violence against and the death of journalists, particularly in the Gongadze case, was repeated in PACE Recommendation 1497 (2001) of 25 January 2001, Resolution 1244 (2001) and Recommendation 1513 (2001) of 26 April 2001 and Resolution 1262 (2001) of 27 September 2001.", "95. Similar pleas were made by the European Union in a statement on 5 February 2001, and by the Parliamentary Assembly of the Organisation for Security and Co-operation in Europe (OSCE) in its resolution of July 2001. The OSCE Assembly also awarded the 2001 OSCE Prize for Journalism and Democracy to Mr Gongadze posthumously.", "96. The case of the disappearance of Mr Gongadze was reported in the documents of certain United Nations bodies: the Working Group on Enforced or Involuntary Disappearances and the Human Rights Committee.", "97. “Reporters sans frontières” conducted its own investigation into the disappearance of Mr Gongadze, the results of which were published in the special report of 22 January 2001 mentioned above. It concluded that the investigating authorities had been mainly preoccupied with proving the innocence of high-level State officials.", "98. On 2 July 2003 the report of Mr H.C. Krüger, Deputy Secretary General of the Council of Europe, was presented to PACE. The documents attached to the report confirmed that, prior to the appointment of a new Prosecutor General on 6 July 2002, the investigation had been ineffective, although later developments had raised hopes of more efficacy. According to the applicant, the further developments in the investigation demonstrated that the hopes expressed had been premature.", "99. On 16 September 2003 the Euopean Union made a declaration in which concern was expressed at the lack of progress in the investigation.", "100. The issue of the effectiveness of the investigation in the case was similarly raised by the United States Congress and by NATO.", "101. On 13 September 2005 several international non-governmental organisations published a report about the progress of the investigation in the Gongadze case. They maintained that the GPO, supported by the President, had tried to limit the investigation and had not made enough efforts to find and prosecute the instigators of the kidnap and murder of Mr Gongadze. They further criticised the Ukrainian authorities for serious setbacks in the investigation, in particular:\n“– the disappearance of Lieutenant-General Pukach; the leaking of information that disrupted the work of Ukrainian and Israeli agencies who were preparing to detain him; the lack of any public scrutiny of that potentially criminal action; and the absence of any investigation into the process by which Lieutenant-General Pukach was previously released and the Pukach case closed in December 2003;\n– the death of former Minister of the Interior Mr Kravchenko, who could have provided important information about the link between the conversations recorded by Melnychenko and the murder; and the lack of any public scrutiny of the possible negligence of the GPO in its handling of the Kravchenko case and in protecting him as a witness;\n– the failure to interview numerous witnesses in the Ministry of the Interior with a knowledge of the system of surveillance operated there; and the failure to investigate thoroughly the links between the 'werewolves' and Honcharov cases with the Gongadze case;\n– the failure to resolve the problems surrounding the Melnychenko tapes, with a view to using them as primary evidence in court, caused mainly by the mistakes and sluggishness of the GPO;\n...”", "102. On 19 September 2000 the Pechersky district prosecutor's office of Kyiv instituted a criminal investigation, pursuant to Article 94 of the Criminal Code of Ukraine, into a case of premeditated murder. In order to determine the circumstances of the disappearance, an investigation group was formed. The group included officers of the Department of Criminal Investigations and the GPO. The following three lines of inquiry were pursued:\n(i) Did the disappearance involve family problems?\n(ii) Was Mr Gongadze the victim of a criminal offence unrelated to his profession?\n(iii) Was the disappearance connected to his critical publications in the Ukrayinska Pravda online newspaper?", "103. From 19 September 2000 until 10 October 2000, a number of investigative measures were taken to identify witnesses, check Mr Gongadze's contacts, search localities, etc.", "104. On 2 November 2000 the unidentified corpse of a man was found in a forest in the Tarashcha district. The law enforcement authorities were informed about this and immediately went to the site. On 3 November 2000 the investigation group examined the site and prepared the necessary procedural documents. The corpse was transferred to the morgue of the Tarashcha district for a forensic examination. The investigating officer of the Tarashcha district prosecutor's office instituted a criminal investigation into the premeditated murder of an unidentified person, pursuant to Article 94 of the Criminal Code. The forensic expert found jewellery on the corpse that day and near the corpse in the soil nearby the following day.", "105. The Pechersky district prosecutor's office enquired whether the corpse could be that of Mr Gongadze. For this purpose the applicant was summoned before the prosecutor and requested to describe the jewellery which Mr Gongadze could have been wearing when he disappeared.", "106. On 15 November 2000 a group of journalists – close friends of Mr Gongadze – went to Tarashcha, having learned about the unidentified body from a newspaper article. They met with the forensic expert, who informed them about the jewellery and showed them the corpse. Upon the journalists' request, he took an X-ray of one of the arms of the corpse. The X-ray showed pieces of metal in the arm that could have corresponded to an old wound of Mr Gongadze's. On this ground the journalists concluded that the corpse was that of Mr Gongadze. The same day the Tarashcha prosecutor ordered and effected the transfer of the corpse to the Kyiv city morgue for further forensic examination.", "107. On 7 December 2000 the GPO joined the investigations in the Gongadze and Tarashcha cases, and a case of defamation against senior State officials (the Melnychenko case), in order to ensure their comprehensive and speedy examination.", "108. On 13 December 2000 the applicant was questioned as an aggrieved party. She agreed to provide samples of her own blood and of that of her children for forensic examination. The applicant insisted on participating in the identification of the Tarashcha body, and said that she was certain that she could recognise her husband's jewellery.", "109. On 14 December 2000 the applicant refused to give blood samples because of a family conflict. That day the applicant requested the GPO to conduct the forensic examinations in a western country. This request was rejected on 18 December 2000.", "110. On 15 December 2000 the investigator reported to the Deputy Prosecutor General that the deceased's mother had refused to participate in the identification of the Tarashcha body, scheduled for 18 December 2000, as she did not feel well and wished to postpone her participation until the completion of the genetic identification tests.", "111. On 18 December 2000 the applicant was summoned to the GPO to participate in the identification of the Tarashcha body and the jewellery. She stated that there was a high probability that the corpse was that of her husband. She recognised the jewellery with absolute certainty. The same day the applicant requested to see the documents relating to the examination of the scene of the events and the body. Her request was allowed and a note made to that effect.", "112. On 20 December 2000 the GPO received a letter from the deceased's mother, stating that she was under stress and could not come to Kyiv for the identification. She also stated that she would only participate in the identification once an independent forensic examination of the corpse had been conducted.", "113. On 12 January 2001 the applicant and the deceased's mother requested the GPO to conduct an additional forensic examination with the assistance of United States experts. They also requested that efforts be made to find the head of the Tarashcha body. The request for the forensic examination was allowed and, with the assistance of the FBI and the United States Department of Defence, an additional forensic examination and a genetic identification test were conducted on 22 February 2001. The head could not be found, however.", "114. On 27 February 2001 the GPO sent a request for legal assistance to the competent German authorities asking for the official results of a genetic identification test done in that State following a request from Mr Holovaty, a Ukrainian MP. According to Mr Holovaty, the German experts had concluded that the Tarashcha body was not that of Mr Gongadze. However, according to the Government, this test had no legal value, as neither the test nor the procedure for taking tissue samples had complied with Ukrainian legislation.", "115. On 6 September 2001 the applicant's representative applied to the GPO, stating that, according to the media, journalists had visited Tarashcha on 15 October 2000. The journalists had examined the body in the Tarashcha morgue and taken photographs of it. She asked the GPO to interview those journalists and to join the photographs to the criminal case file. On 7 September 2001 the applicant's representative was informed that the journalists had been identified and interviewed as witnesses in the course of the investigation. They had been requested to submit their photographs for inclusion in the case file.", "116. On 30 October 2001 the applicant's representative requested the GPO to fix a time-limit for the completion of the pre-trial investigation into the murder of Mr Gongadze. The GPO replied that it could not do so until the murderer had been identified.", "117. On the same day the applicant's representative requested an additional forensic examination in order to determine, inter alia:\n(i) whether the X-ray of the corpse's hand done in Tarashcha and given to the journalists corresponded to the X-rays taken when Mr Gongadze was alive, and to those taken by the FBI on 27 April 2001;\n(ii) whether the FBI analyses proved the presence of traces from bullets that corresponded to the wounds known to have been suffered earlier by the late journalist; and\n(iii) whether the hair identification and DNA analysis confirmed the corpse's identity.", "118. On 31 October 2001 the GPO refused to authorise an additional examination, as the Tarashcha body was undoubtedly that of Mr Gongadze and during their examinations the Ukrainian and United States experts had already answered the applicant's questions.", "119. On 11 June 2002 the applicant's representative requested access to the decision ordering a new forensic examination, allegedly to be carried out by German experts. She further requested to be allowed to put questions to these experts. She referred in her application to the alleged statements of investigators, disseminated by the media, about this new examination.", "120. On 21 June 2002 the GPO rejected the application. The applicant's representative was informed that she could study the case file after the pre-trial investigation was completed and that no statement about a new examination by German experts had been made by the Deputy Prosecutor General to the media.", "121. On 17 July 2002 the newly appointed Prosecutor General ordered the creation of a new investigation group in the Gongadze case.", "122. On 26 and 30 July 2002 the new group conducted two additional examinations of the site where the body was found, together with forensic experts. They took soil samples, carried out a thorough search and took a number of objects for analysis.", "123. On 9 August 2002 an additional examination of the Tarashcha body was conducted and samples for further forensic tests were taken. The additional forensic examinations were to establish more accurately the approximate time of Mr Gongadze's death.", "124. On 3 September 2002 the deceased's mother was provided with the documents necessary for the burial of Mr Gongadze's remains.", "125. On 24 September 2002 the GPO sent a letter to the Director of the FBI inviting them to assist Ukrainian specialists in investigating the case.", "126. In September and October 2002 Mr Ménard, Secretary-General of “Reporters sans frontières”, visited Kyiv twice as the representative of the deceased's mother in the criminal case. He met the Prosecutor General and had access to the results of the forensic examinations in the case. Moreover, samples were taken for an additional forensic examination, which was carried out in Lausanne (Switzerland) from 20 to 25 January 2003.", "127. On 14 January 2005 the GPO instituted proceedings against Lieutenant-General Pukach for abuse of power. His case was joined to that of Mr Gongadze.", "128. On 24 January 2005 the Pechersky District Court of Kyiv ordered the arrest and detention of Mr Pukach. The Security Service and the Ministry of the Interior were ordered to find him, without success.", "129. During the investigation it was established that Mr Gongadze had been the subject of illegal surveillance operations by certain officers of the Department of Criminal Investigations, previously headed by Mr Pukach, from July 2000 until the day he disappeared in September 2000. It was also established that, in 2003, all the material relating to this illegal surveillance had been destroyed.", "130. On 28 February 2005 the GPO instituted proceedings against police officers K. and Pr., as well as Mr Pukach, charging them with the premeditated murder of Mr Gongadze. On the same day Mr K. and Mr Pr. were arrested.", "131. On 3 March 2005 the Pechersky District Court remanded Mr K. and Mr Pr. in custody.", "132. On 5 March 2005 Mr K. and Mr Pr. were officially charged with premeditated murder. They confessed their involvement. On the same day Mr K. was dismissed from his position as head of unit in the Intelligence Department of the Ministry of the Interior.", "133. On 5 March 2005 it was also decided to charge Mr Pukach, but he could not be found.", "134. On 17 March 2005 the investigation established that a fourth person, Mr P., had been involved in the disappearance and murder of Mr Gongadze. Mr P. was interrogated and admitted his role in the crime. On the same day Mr P. was dismissed from his position as a senior officer of the Intelligence Department of the Ministry of the Interior.", "135. All three accused participated in an on-site reconstruction of the events of the crime. Other police officers who had followed Mr Gongadze before his disappearance were questioned.", "136. Some objects belonging to the journalist were found and presented to his relatives for identification.", "137. The investigation pursued further forensic examinations of the corpse and the audio tapes of Mr Melnychenko and a number of other matters.", "138. On 11 December 2000 the GPO received a video tape with statements by Mr Melnychenko made in the presence of several Ukrainian MPs. These statements concerned the involvement of the President of Ukraine and many other high-ranking officials in giving illegal orders. Mr Melnychenko claimed to have made audio recordings of incriminating conversations, using a digital recorder placed under the sofa in the office of the President of Ukraine.", "139. On 13 December 2000 Mr Moroz, a Ukrainian MP, lodged an application with the GPO, enclosing a copy of a complaint by Mr Melnychenko dated 16 November 2000 and video-recorded statements containing accusations about the involvement of senior State officials in the disappearance of Mr Gongadze. A forensic examination of the audio tapes was ordered but could not determine their authenticity. (The applicant contended that a United States laboratory had confirmed the authenticity of the tapes.)", "140. On 15 December 2000 the GPO requested Interpol to establish the whereabouts of Mr Melnychenko.", "141. On 16 September 2002 the GPO requested the assistance of the United States Department of Justice in interviewing Mr Melnychenko as a witness in the Gongadze case.", "142. Mr Melnychenko refused to provide the GPO with his tapes and recording equipment, but agreed to provide written answers to the GPO's questions, which he had not done by the time the Government submitted their observations to the Court. The applicant stated that the reason for Mr Melnychenko's implied lack of cooperation was his well-founded fear of prosecution by the Ukrainian authorities.", "143. After Viktor Yushchenko was elected President of Ukraine on 26 December 2004, he pledged to reopen the investigation into the Gongadze case. It was reported in the press on 2 March 2005 that the Prosecutor General had announced the arrest of three security officers in connection with the present case: a general and two colonels. On 4 March 2005 the death by purported suicide of Yuriy Kravchenko, the above-mentioned Minister of the Interior at the time, was announced. He had been due to be interviewed by the GPO that morning.", "144. Recently, the GPO announced that the criminal investigation was complete and would be sent to the Court. The aggrieved parties were given access to the case file. They stated that the latest forensic examination in September 2005 by German experts had confirmed that the Tarashcha body was that of Mr Gongadze.", "145. On 15 September 2005 Mr Turchinov, who had been dismissed from his post as head of the security service, informed journalists that the Service had been preparing for the arrest and extradition of Lieutenant-General Pukach from Israel, but the operation had failed due to a leak of information from the GPO. He stated that the interim results of the laboratory examination of the Melnychenko tapes had not established any sign of tampering, and had identified persons whose voices were recorded on the tapes.", "146. On 20 September 2005 the parliament of Ukraine heard the report of the chairman of its ad hoc committee investigating the murder of Mr Gongadze. This report concluded that the kidnap and murder of Mr Gongadze had been organised by former President Kuchma and the late Minister of the Interior, Mr Kravchenko. The report found that the then head of the presidential administration and the current speaker of parliament, Mr V. Lytvyn, and the then head of the security service and a current member of parliament, Mr L. Derkach, had been involved in the crimes. The report noted finally that, having been informed about the crimes and the names of suspects, the GPO had failed to take any action or to react to the conclusions of the ad hoc committee." ]	[ 0, 1 ]
[ "4. The applicant was born in 1938 and lives in the city of Donetsk, Ukraine.", "5. On 13 December 2000 the labour disputes commission (hereafter “the LDC”) ordered the “Zhovtnevy Rudnyk” coal mine (a State enterprise, hereafter “the ZRCM”) to pay the applicant UAH 29,875[1] in compensation for unpaid industrial disability benefits.", "6. On 13 March 2001 the Kuybyshevskiy District Court of Donetsk (hereafter “the District Court”) awarded the applicant UAH 7,427.58[2] against the ZRCM in salary arrears.", "7. On 9 January and 9 April 2001 respectively, the Kuybyshevskiy District Bailiffs’ Service (hereafter “the Bailiffs’ Service”) opened the enforcement proceedings concerning the above decisions.", "8. On 23 June 2001 the Deputy Head of the Donetsk Regional Department of Justice informed the applicant that the LDC decision of 13 December 2000 and the court judgment of 13 March 2001 could not be immediately executed in full due to the debtor’s lack of funds. However, on 22 March 2001 the applicant was paid UAH 388.88[3] of the benefits awarded by the LDC.", "9. On 19 April, 5 August and 6 December 2002 the Bailiffs’ Service informed the applicant that the decisions of the court and the labour commission could not be enforced on account of the debtor’s lack of funds and the moratorium on the forced sale of the property of State enterprises introduced by the 2001 Law.", "10. On 7 February 2003 the Ministry of Fuel and Energy ordered the merger of several coal mines, including the ZRCM, into the Donetskvugillia State Company.", "11. On 1 September 2003, relying on the fact that the ZRCM’s had lost its status as an independent legal entity, the Bailiffs dealing with the applicant’s case terminated the enforcement proceedings. However, on 23 October 2003 the Head of the Bailiffs’ Service annulled this decision as ill-founded.", "12. On 20 and 28 October 2003 the Bailiffs’ Service applied to the District Court, seeking directions regarding the replacement of the debtor in the applicant’s enforcement cases. On 24 and 30 October 2003 the court ordered that the debtor in the cases be replaced by the Donetskvugillia State Company. On 13 November 2003 the enforcement case was transmitted to the Voroshylovske District Bailiffs’ Service.", "13. The amount awarded by the judgment of 13 March 2001 was paid to the applicant on 5 December 2003. The benefits awarded on 13 December 2000 were paid in two instalments on 3 and 29 December 2003." ]	[ 3, 9 ]
[ "7. The first applicant was born on 12 January 1952 and currently resides in Yevpatoria, the Crimea. He lodged his application with the Court on behalf of his wife (the second applicant), who died on 25 October 2001, and on behalf of his youngest daughter (the third applicant), born in 1980.", "8. On 31 July 1997 police sergeant B.A.I. of the Shostka City Police Department, while under the influence of alcohol, fatally wounded the applicant’s eldest daughter, Mrs Iryna Yachmeneva (born Zamula).", "9. On 3 March 1998 the Sumy Regional Court sentenced B.A.I. to 14 years’ imprisonment following his conviction for the murder of the applicant’s daughter, attempted murder of other persons and abuse of power. It also ordered the Shostka District Police Department to pay UAH 65,114.20[1] to the first applicant and his deceased daughter’s mother (the second applicant), youngest sister (the third applicant) and her former husband Mr Aleksandr Yachmenev.", "10. On 7 April 1998 the Supreme Court of Ukraine upheld this decision.", "11. The execution proceedings commenced on 19 May 1998.", "12. On 15 May 2000 the Shostka City Execution Service informed the first applicant that UAH 1,223.56[2] were to be paid to the family, but that it was not possible to execute the decision in full. It also informed him that the outstanding debt was UAH 63,805.64[3], of which UAH 19,405.64[4] was to be paid to the first applicant and UAH 14,800[5] to each of the other victims.", "13. In October 2000 the Sumy Regional Department of the Ministry of the Interior (the “Sumy Department”) underwent reorganisation and the Shostka District Department of the Interior was joined to the City Department of the Interior.", "14. On 9 February 2001 the Sumy Regional Court declared the Shostka City Department of the Ministry of the Interior to be the legal successor to the debt awarded to the applicants by the judgment of 3 March 1998.", "15. On 5 July 2001 the Bailiffs terminated the execution proceedings due to the Shostka City Police Department’s lack of funds. It was noted in the resolution that the writ of execution could be reintroduced for enforcement before 5 July 2004.", "16. On 9 July 2001 the Sumy Regional Department of Justice informed the first applicant of the Police Department’s lack of funds. It also informed him that he could reapply for execution of the judgment of 3 March 1998 within a three-year period.", "17. The second applicant died on 25 October 2001.", "18. On 2 November 2001 the first applicant informed the Court that he was the guardian of Ms Ekaterina Yachmeneva, born in 1995, the child of his murdered daughter, whose father (A.Y.) had been divested of his parental rights.", "19. On 16 July 2003 the Sumy Department informed the applicants that the awards were available for payment and they could receive them after presentation of the writs of execution of the judgment of 3 March 1998.", "20. The first applicant received this letter on 22 July 2003.", "21. On 21 January 2004 the Department of the Ministry of Justice urged the applicants to accept the sums awarded to them by the judgment of 3 March 1998. It mentioned that, in the event that the applicants refused these sums, their further recovery would be impossible and that “further consideration of the case would be discontinued”.", "22. On 18 November 2003 and 22 March 2004 the Ministry of Justice informed the Court that the applicants had failed to reintroduce the execution writs at the State Bailiffs’ Service.", "23. On 18 March 2004 the first applicant informed the Court that he was aware of the expiry of the writs of execution in the case.", "24. On 13 April 2004 the first applicant instituted proceedings in the Yevpatoria City Court, seeking to renew the time-limit for a request to become the heir of his deceased wife. On 15 May 2004 the Yevpatoria City Court allowed his request.", "25. On 23 April 2004 the first applicant reintroduced the execution writs with the Shostka Bailiffs’ Service in order to collect the UAH 15,000[6] in compensation for moral damage and UAH 5,114.2[7] in compensation for pecuniary damage. The Shostka Bailiffs’ Service reinitiated the enforcement proceedings in the applicants’ case on the same date.", "26. On 22 June 2004 the first applicant received the full amounts awarded to him and his daughter. The enforcement proceedings with regard to the first applicant and his daughter were terminated on 30 June 2004. The writs of enforcement with regard to the award given to the first applicant’s deceased wife remained with the Bailiffs’ Service, as the Yevpatoria City Court was still considering the first applicant’s request to become the heir of his deceased wife.", "27. On 27 April 2005 the applicant informed the Court that the inheritance proceedings were still pending before the Yevpatoria City Court." ]	[ 3 ]
[ "8. The applicant was born in 1938 and currently resides in Dnipropetrovs’k.", "9. On 5 September 1938 the Troika tribunal of the Department of the NKVD[1] of the Ukrainian Soviet Socialist Republic in the Dnipropetrovs’k Region (Трійка Управління Народного Комісаріату Внутрішніх Справ УPСР по Дніпропетровській області) resolved that the applicant’s father was a “socially harmful element” after a purported robbery (“соціально шкідливий елемент”), and sentenced him to 5 years’ imprisonment in a correctional labour camp.", "10. The applicant’s father died on 26 March 1976.", "11. On 28 March 1980 the Dnipropetrovs’k Regional Court quashed the resolution of 5 September 1938 of the Troika tribunal upon the protest lodged by the prosecutor of the Dnipropetrovs’k Region. It also terminated the proceedings in the case. In particular it found that:\n“... there is no evidence of ... robbery...\n... the investigation in the case was conducted in grave violation of the rules of procedural law.\nNo criminal proceedings in the case were initiated; the [applicant’s father] was not charged; there was no indictment in the case. In the course of the investigation of the case, the elementary rights of the accused were not respected (the right to defend oneself, etc.).\nIn such circumstances the resolution of the Troika has to be annulled and the proceedings in the case shall be terminated on the basis of an absence of any corpus juris in his actions ...”", "12. On 29 May 1980 the Dnipropetrovs’k Regional Court issued written notice to the applicant that the proceedings in his father’s case had been terminated and that the Troika’s resolution of 5 September 1938 had been annulled.", "13. On 24 February 1997 the Commission on Rehabilitation of the Dnipropetrovs’k Municipal Council requested the President of the Dnipropetrovs’k Regional Court to provide information concerning the conviction of the applicant’s father on 5 September 1938, as the notice of 29 May 1980 contained insufficient information about it. The Commission was also requested to state whether the father’s conviction had been politically motivated.", "14. On 4 March 1997 the Deputy President of the Dnipropetrovs’k Regional Court issued written notice to the Commission on Rehabilitation of the Dnipropetrovs’k Municipal Council that:\n“... by a resolution of the Dnipropetrovs’k Regional Court of 28 March 1980, the resolution of the Troika has been annulled and the proceedings in the case terminated due to the lack of proof of guilt.”", "15. From March 1997 until May 2000, the applicant unsuccessfully appealed to the Deputy President of the Dnipropetrovs’k Regional Court and the President of that court, and wrote to the Supreme Court of Ukraine, claiming the untruthfulness of the notice and asking that it be reworded, since it did not correspond to the resolution of Dnipropetrovs’k Regional Court of 28 March 1980 and, accordingly, his father’s memory had been defamed. He also sought initiation of criminal proceedings against the Deputy President of the Dnipropetrovs’k Regional Court.", "16. On 8 August 1997 the Deputy President of the Criminal Division of the Supreme Court remitted the applicant’s complaint about the notice of 4 March 1997 to the President of the Dnipropetrovs’k Regional Court for consideration on the merits. He also requested that the notice be rectified and that a public apology be presented to the applicant.", "17. By letters sent to the applicant by the Supreme Court of Ukraine on 26 September and 24 December 1997, the applicant’s claim was rejected as being unfounded. In particular, on 24 December 1997, the Deputy President of the Supreme Court of Ukraine recognised that the applicant’s father had been rehabilitated; the former also confirmed that he had been convicted for political reasons. On 8 September, 10 September 1997 and 22 April 1998, the President of the Dnipropetrovs’k Regional Court refused to annul the written notice or to reword it.", "18. On 1 April 2000 the applicant lodged complaints with the Zhovtnevy District Court of Dnipropetrovs’k to have the refusals of the Deputy President declared unlawful, and to rebut the information contained in the aforementioned notice of 4 March 1997. He also sought compensation for moral damage.", "19. On 2 June 2000 the Zhovtnevy District Court of Dnipropetrovs’k refused to examine the applicant’s claims on the ground that they fell outside the court’s jurisdiction, as they concerned the actions of a judge in the course of the administration of justice.", "20. On 20 July 2000 the Deputy President of the Dnipropetrovs’k Regional Court remitted the applicant’s request to extend the time-limit for lodging his cassation appeal to the Zhovtnevy District Court of Dnipropetrovs’k.", "21. On 27 July 2000 the Zhovtnevy District Court of Dnipropetrovs’k extended the term for lodging an appeal in cassation with the Dnipropetrovs’k Regional Court, as the applicant had not been informed until 7 July 2000 about the ruling of 2 June 2000, and would therefore have been unable to comply with the time limit for appeal in cassation.", "22. The Government submitted that on 27 July 2000 the Zhovtnevy District Court notified the applicant that his case would be heard on 14 August 2000 in the Dnipropetrovs’k Regional Court. The applicant alleges that he did not receive this notification.", "23. The case file arrived to the Dnipropetrovs’k Regional Court on 7 August 2000.", "24. On 14 August 2000 the Dnipropetrovs’k Regional Court, in the absence of the applicant, upheld the decision of 2 June 2000.", "25. The applicant’s complaints, lodged with the President of the Dnipropetrovs’k Regional Court, for the initiation of a supervisory review of the decision of the Dnipropetrovs’k Regional Court, including a complaint about the lack of a public hearing in the consideration of his case before that court, were rejected on 24 October 2000 as being unsubstantiated. The President of the Dnipropetrovs’k Regional Court informed the applicant that the lack of a public hearing before the Regional Court had not been an obstacle to that court’s examination of the matter, the applicant having been duly informed about the date and place of the hearing, of which he had been notified on 27 July 2000.", "26. On 4 September 2003 the President of the Dnipropetrovs’k Regional Court of Appeal issued a written notice to the applicant informing him that, on 28 March 1980, the Presidium of the Dnipropetrovs’k Regional Court had quashed the resolution of the Troika of the Department of the NKVD of the Ukrainian Soviet Socialist Republic in the Dnipropetrovs’k Region of 5 September 1938 in respect of Mr G.I. Strizhak (the applicant’s father), and that the proceedings in the case were terminated on the basis of an absence of any corpus juris in the actions of his father. It also stated that Mr G.I. Strizhak had been declared to have been sentenced unlawfully, and rehabilitated.", "27. In January 2002 the Commission on Rehabilitation of the Zhovtnevy District Council in Dnipropetrovs’k refused to declare that the applicant was also “rehabilitated” (реабілітованим) in view of the quashing of the conviction of his father. They also rejected his request to issue a special identification card in that respect (посвідчення реабілітованого). In particular, they stated that the applicant had failed to provide information as to the place of his and his mother’s residence after the conviction of his father in 1938.", "28. In March 2002 the applicant instituted proceedings in the Zhovtnevy District Court of Dnipropetrovs’k against the Commission on Rehabilitation, seeking to declare their refusal to declare him rehabilitated unlawful.", "29. On 20 November 2002 the Zhovtnevy District Court of Dnipropetrovs’k rejected these complaints as being unsubstantiated. This judgment was upheld on 10 February 2003 by the Dnipropetrovs’k Regional Court of Appeal, and on 1 April 2004 by the Supreme Court." ]	[ 3 ]
[ "10. The applicant was born in 1965. On 17 August 1998 he arrived in Russia from Tajikistan. He stayed in Vladimir at his cousin's flat.", "11. On 22 January 1999 the applicant was arrested on suspicion of the unlawful purchase and possession of drugs. A search was carried out in the flat where he was staying.", "12. On 30 January 1999 the applicant was charged under Article 228 § 1 of the Criminal Code with the unlawful purchase and possession of 3 grams of hashish. He pleaded not guilty and indicated that he did not need an interpreter because he had studied in Leningrad.", "13. On 12 March and 5 April 1999 the applicant's detention was extended until 11 July 1999.", "14. On 4 June 1999 the Leninskiy District Court of Vladimir refused the applicant's request for release on bail. It found that the applicant's detention had been extended in accordance with the law and that no grounds for releasing him could be established. The applicant did not appeal to the Regional Court.", "15. On 30 June and 2 September 1999 the applicant's detention was extended until 21 December 1999.", "16. On 2 December 1999 the acting Prosecutor General approved the extension of the applicant's detention until 21 June 2000. The applicant appealed to the Leninskiy District Court, which on 28 December 1999 dismissed the appeal, finding that the applicant had been charged with an particularly serious criminal offence and had resided in Vladimir only temporarily, his permanent residence being in Dushanbe, Tajikistan, so that there was good reason to suspect that he would abscond if released. The applicant did not appeal against that decision to the Regional Court.", "17. On 21 June 2000 the supervising prosecutor approved the bill of indictment and the case against the applicant and twenty co-defendants was sent to the Vladimir Regional Court for trial.", "18. On 23 June and 17 July 2000 the applicant requested the Vladimir Regional Court to review the lawfulness of his detention on remand.", "19. On 18 July 2000 the Vladimir Regional Court ordered the case to be remitted for an additional investigation because the bill of indictment had not been translated into the Tajik language, even though seven of the defendants were Tajik. The court held that the applicant and his co-defendants should remain in custody.", "20. On 24 July 2000 the prosecution appealed against the decision but subsequently withdrew their appeal. On 30 August 2000 the case was returned to the Vladimir Regional Court for examination on the merits.", "21. On 23 November 2000 the Vladimir Regional Court ordered the case to be remitted for an additional investigation because the rights of some of the defendants had been unlawfully restricted. The prosecution appealed.", "22. On 28 February 2001 the Supreme Court of the Russian Federation quashed the decision of 23 November 2000. It found that, after the case had been remitted for an additional investigation on 18 July 2000, the prosecution had not remedied the defects identified by the Regional Court. In particular, the prosecution had not arranged for translation of the bill of indictment or checked that the interpreter had the requisite skills. In view of these procedural defects, the Supreme Court held that all the subsequent judicial decisions had been unlawful and remitted the case to the Regional Court for implementation of the decision of 18 July 2000.", "23. On 4 April 2001 the case was remitted to the prosecutor of the Vladimir Region for an additional investigation. On the same day a deputy prosecutor of the Vladimir Region extended the applicant's detention on remand by one month, until 4 May 2001.\n(b) Extension of the applicant's detention for three months (until 4 September 2001)", "24. On 19 April 2001 the prosecutor of the Vladimir Region applied to the Vladimir Regional Court for an order extending the applicant's detention. The applicant lodged objections in which he alleged, inter alia, that the prosecution had thus far failed to perform any additional investigation.", "25. On 28 April 2001 the Vladimir Regional Court established that the bill of indictment had been translated into Tajik and that on 18 April 2001 the defendants and their lawyers had begun their examination of the case file. Noting the gravity of the charges against the applicant, his Tajik nationality and absence of a permanent residence in Vladimir, the Regional Court further remanded him in custody until 4 September 2001.", "26. On 4 and 17 May 2001 the applicant appealed against the decision of the Vladimir Regional Court.\n(c) Quashing of the decision to extend the applicant's detention until 4 September 2001", "27. On 8 August 2001 the Supreme Court established that one of the applicant's co-defendants had not been provided with an interpreter into Uzbek and that the applicant and other co-defendants had had no access to the materials examined by the Regional Court. It held as follows:\n“The defects of the court hearing described above and the curtailing of the defendants' statutory rights... are substantial violations of the rules of criminal procedure, which could have affected the judge's conclusions; the decision [of 28 April 2001] must therefore be quashed and the materials of the case relating to the extension of the defendants' pre-trial detention must be referred for a new judicial examination. During the new examination of the prosecutor's request, the above defects shall be remedied... and the arguments by the defendants and their counsel, including those concerning the lawfulness of their detention, shall be reviewed... The preventive measure [imposed on, in particular, the applicant] shall remain unchanged”.\nBy an interim decision of the same date, the Supreme Court refused the applicant leave to appear at the appeal hearing.\n(d) Second examination of the request for an extension of the applicant's detention until 4 September 2001", "28. On 11 September and 30 November 2001 the Vladimir Regional Court adjourned hearings in order to afford the defendants additional time in which to read the case-file.", "29. On 27 February 2002 the Vladimir Regional Court upheld a challenge by the applicant against the presiding judge.", "30. On 11 and 13 March, 12 April, 17 and 18 June 2002 hearings were adjourned because of the absence of several lawyers, including the applicant's counsel.", "31. On 15 August 2002 the Vladimir Regional Court again granted the prosecutor's request (of 19 April 2001) for an extension of the defendants' detention on remand until 4 September 2001. It found that it was necessary for the applicant to remain in custody because he was a national of Tajikistan, was not registered as resident in Vladimir, and had been charged with a serious criminal offence. The court also referred to certain “conclusions” contained in the prosecutor's application to the effect that the applicant might abscond or obstruct justice. The content of these “conclusions” was not disclosed.", "32. On 23 September 2002 the applicant lodged an appeal against the decision of the Vladimir Regional Court. He claimed that the contested decision was “unlawful and unconstitutional” and requested leave to appear in person at the appeal hearing.", "33. On 23 January 2003 the Supreme Court upheld the decision of 15 August 2002, finding as follows:\n“The judge came to a well-justified conclusion that the defendants... could not be [released pending trial]. The judge had regard to the fact that these persons were charged with serious and particularly serious criminal offences, he considered the information on their character and all the circumstances to which the prosecutor had referred in support of his application...\nThe fact that the above-mentioned decision on the prosecutor's application was [only] made after the defendants had spent that length of time in custody... is not a ground for quashing the decision of 15 August 2002 because the first judicial decision on this matter was quashed in accordance with the law and the prosecutor's application of 19 April 2001 was remitted for a new examination. The subsequent progress of the criminal case is, under these circumstances, of no relevance to a decision on the prosecutor's application.”\nBy an interim decision of the same date, the Supreme Court refused the applicant's request for leave to appear because the defendants' arguments were clearly set out in their grounds of appeal and their lawyers were present at the hearing while the prosecutor was not.", "34. Meanwhile, on 4 September 2001 the additional investigation was completed and the case sent to the Vladimir Regional Court. On or about that date the applicant asked the court to order his release pending the trial.", "35. On 9 January 2002 the Vladimir Regional Court fixed the first hearing for 5 February 2002 and held that the applicant should remain in custody pending trial:\n“[The court] did not establish any grounds... to amend or revoke the preventive measure imposed on the accused given the gravity of the offence with which the defendants are charged. Furthermore, the fact that the court decision extending the detention on remand of several defendants in order to afford them [time] to examine the case materials was quashed on appeal is of no legal significance. [In its decision of 8 August 2001] the Supreme Court did not revoke the preventive measure, the case was referred to the [trial] court without delay and no other grounds for amending the preventive measure were established.”", "36. On 11 February 2002 the applicant lodged an appeal against the decision. He complained, in particular, that his detention was unlawful because it had significantly exceeded the maximum eighteen-month period permitted by law, that the conditions in which he was detained were poor and that he had been ill-treated by police officers, both at the time of his arrest and subsequently. He alleged that his notice of appeal had never been dispatched to the Supreme Court.", "37. On 5 February 2002 the hearing was adjourned until 26 February because three defendants had failed to appear. On 15 February 2002 the applicant prepared an appeal against the decision to adjourn the hearing; in the notice of appeal, he also repeated the points he had raised in his appeal of 11 February. He again stated that his notice of appeal had not been sent to the Supreme Court.", "38. On 13 March 2002 the Vladimir Regional Court established that the case was not ready for consideration on the merits because of a series of procedural defects: in particular, several defendants had not had sufficient time to study the case file, one defendant had not been provided with interpretation facilities into Uzbek, and the applicant had not been informed in good time of the expert examinations. The court remitted the case for an additional investigation and remanded the defendants in custody “in the light of the gravity and dangerous nature of the offences”.", "39. On 11 April 2002 the prosecution appealed against the decision of 13 March and the applicant did likewise on 29 April. The applicant submitted, in particular, that the domestic law did not permit extensions of detention “during the investigation” beyond the maximum period of eighteen months which had expired, in his case, on 4 April 2001.", "40. On 28 May 2002 the case-file was forwarded to the Supreme Court for examination of the issue of detention on remand.", "41. On 8 August 2002 the Supreme Court refused, in an interim decision, the applicant's request for leave to appear, holding that his position had been clearly and exhaustively stated in the grounds of appeal.", "42. On 12 September 2002 it examined the appeals lodged by the prosecutor, the applicant and his co-defendants and found that the defence rights had not been impaired. On this ground it quashed the decision of 13 March 2002 and instructed the Vladimir Regional Court to proceed with the trial. It held that the applicant and his co-defendants should remain in custody because “there were no legal grounds to amend the preventive measure given the gravity and dangerous nature of the offences”.", "43. On 7 October 2002 the case-file was returned to the Vladimir Regional Court.", "44. On 18 November 2002 the Vladimir Regional Court extended the applicant's detention on remand until 3 December 2002. It found as follows:\n“The case was referred to the Vladimir Regional Court on 2 September 2001; on 13 March 2002 it was decided to remit the case for additional investigation. On 12 September 2002 the Supreme Court quashed that decision on appeal by the prosecutor. Thus, the defendants have remained in custody for 8 months and 16 days, starting from the date of the case's referral and excluding the period between [the end of the] examination on the merits and the quashing of the decision [of 13 March 2002] on appeal.\nRegard being had to the fact that the defendant is charged with serious and particularly serious criminal offences, in order to secure the examination of the case and the enforcement of the conviction [sic], there are no grounds to [release the applicant]. Under these circumstances, pursuant to Article 255 § 3 of the Russian Code of Criminal Procedure, the defendant's detention on remand is extended for an additional three months”.", "45. On 4 December 2002 the Vladimir Regional Court granted a further extension of the applicant's detention for three months, that is to say until 3 March 2003 [the decision mistakenly indicates 2002]. The grounds invoked by the court were identical to those set out in the decision of 18 November 2002.", "46. On 22 and 26 November and 5 December 2002 the applicant's lawyers lodged appeals against the decisions of 18 November and 4 December with the Supreme Court. They submitted, in particular, that the six-month period of the applicant's detention which had started from the moment the case was referred for trial, had expired on 2 March 2002 but had been extended only two months and sixteen days later, on 18 November. Therefore, the applicant's detention from 13 March to 12 September 2002 had not been covered by any detention order: the prosecution had not assumed responsibility for the case, whilst the courts considered that the case had been remitted for an additional investigation and held the prosecution accountable for the applicant's detention.", "47. On 3 March, 28 May, 28 August and 27 November 2003 and 27 February 2004 the Vladimir Regional Court authorised further extensions of detention in respect of the applicant and 12 co-defendants, on each occasion for a period of three months. The reasons given in the decisions of 3 March, 28 May and 28 August 2003 were identical to those given in the decisions of 18 November and 4 December 2002 (see above). The decisions of 27 November 2003 and 27 February 2004 referred to the gravity of the charges and the existence of “sufficient reasons to believe that the defendants would abscond”.\nThe applicant submitted appeals against each of these decisions.", "48. Between May 2003 and 15 March 2004 the trial proceeded. On 19 April 2004 the parties began their final submissions.", "49. On 28 May 2004 the Vladimir Regional Court, by an interim decision, held that the applicant's detention on remand was not to be extended because the prosecution had reduced the charges against him. He appears to have been released from custody the same day.", "50. On 21 March 2005 the Supreme Court examined the applicant's and/or his co-defendants' appeals against the decisions of 18 November and 4 December 2002, 3 March, 28 May, 28 August and 27 November 2003 and 27 February 2004 extending their detention on remand.\nThe Supreme Court quashed the decisions of 18 November and 4 December 2002 and 3 March 2003 on the ground that they had been given by an incomplete formation: a single judge instead of a three-judge panel. As regards the applicant's situation, it further held:\n“Since the judge's decision has been quashed because of a breach of the rules of criminal procedure, the court will not examine the arguments in the appeals alleging that the extension of the [applicant's] detention was unlawful on other grounds. The matter will not be remitted for a new examination because [the applicant] has been acquitted.”\nThe Supreme Court upheld the other decisions, finding that the Regional Court had correctly referred to the gravity of the charges and the existence of sufficient grounds to believe that the defendants would abscond during the trial.", "51. On 18 June 2004 the Vladimir Regional Court, by an interim decision, dismissed the charges of participation in an organised criminal enterprise and running an opium den against the applicant after they were withdrawn by the prosecution.", "52. By another interim decision of the same date, the court dismissed a charge against the applicant in respect of one incident of drug possession because of a recent change in the Russian criminal law that had decriminalised possession of negligible amounts of drugs.", "53. Finally, by a judgment of the same date, the court acquitted the applicant of the remaining drug-trafficking charges because his involvement in the commission of the offences could not be proven. Some of his co-defendants were convicted and sentenced to various terms of imprisonment.", "54. On 21 March 2005 the Supreme Court of the Russian Federation upheld, on appeal, the above judgment and decisions of the Vladimir Regional Court.", "55. On 10 December 2002 the Constitutional Court examined the applicant's complaint concerning his exclusion from the proceedings before the Supreme Court and confirmed that the applicant should have had the right to appear in person and plead his case before the court if a prosecutor was present.", "56. On 15 July 2003 the Constitutional Court issued decision (определение) no. 292-O on the applicant's complaint about the ex post facto extension of his “detention during trial” by the Regional Court's decision of 18 November 2002. It held as follows:\n“Article 255 § 3 of the Code of Criminal Procedure of the Russian Federation provides that the [trial court] may... upon the expiry of six months after the case was sent to it, extend the defendant's detention for successive periods of up to three months. It does not contain, however, any provisions permitting the courts to take a decision extending the defendant's detention on remand once the previously authorised time-limit has expired, in which event the person is detained for a period without a judicial decision. Nor do other rules of criminal procedure provide for such a possibility. Moreover, Articles 10 § 2 and 109 § 4 of the Code of Criminal Procedure expressly require the court, prosecutor, investigator... to release anyone who is unlawfully held in custody beyond the time-limit established in the Code immediately. Such is also the requirement of Article 5 §§ 3 and 4 of the European Convention... which is an integral part of the legal system of the Russian Federation, pursuant to Article 15 § 4 of the Russian Constitution...”", "57. On 22 January 2004 the Constitutional Court delivered decision no. 66-O on the applicant's complaint about the Supreme Court's refusal to permit him to attend the appeal hearings on the issue of detention. It held:\n“Article 376 of the Code of Criminal Procedure regulating the presence of a defendant remanded in custody before the appeal court... cannot be read as depriving the defendant held in custody... of the right to express his opinion to the appeal court, by way of his personal attendance at the hearing or by other lawful means, on matters relating to the examination of his complaint about a judicial decision affecting his constitutional rights and freedoms...”", "58. From 16 February 2000 to 28 May 2004 the applicant was held in detention facility no. OD-1/T-2 of the Vladimir Region (учреждение ОД‑1/Т-2 УИН МЮ РФ по Владимирской области), known as “Vladimirskiy Tsentral”. He stayed in various cells in wings nos. 3 and 4, built in 1870 and 1846, respectively.\n(a) Number of inmates per cell", "59. According to a certificate issued on 22 April 2004 by the facility director, and which the Government have produced, the applicant was kept in eight cells described as follows: cell no. 4-14 (12.1 square metres, 6 bunks, average population 4 to 6 inmates), cell no. 4-13 (12.3 sq. m, 6 bunks, 5 to 7 inmates), cell no. 4-9 (23.4 sq. m, 13 bunks, 13 to 20 inmates), cells nos. 3-3, 3-53, 3-54, 3-51 and 3-52 (35 to 36 sq. m, 16 bunks, 12 to 18 inmates).", "60. The applicant did not dispute the cell measurements or the number of bunks. He disagreed, however, with the figure given by the Government for the number of inmates. According to him, between February and December 2000 he stayed in cell no. 4-9 that housed 18 to 35 inmates and between December 2000 and May 2004 he was kept in cells measuring approximately 36 sq. m, together with 20 to 40 other detainees. After the new Code of Criminal Procedure came into effect on 1 July 2002, the number of inmates in his cell dropped to between 15 and 25. Given the lack of beds, inmates slept in eight-hour shifts. They waited for their turn sitting on the concrete floor or on a stool if one was available.\nIn support of his statements the applicant produced written depositions by three former cellmates, Mr Abdurakhmon Kayumov, Mr Sergey Gunin and Mr Yan Kelerman. They stated, in particular, that in 2003-2004 cell no. 3-52 had housed 20 to 30 inmates (Mr Kayumov's deposition) or even 25 to 35 (Mr Gunin's deposition), as had cells nos. 3-51 and 3-53. They also testified that they and the other detainees had slept in turns.\n(b) Sanitary conditions and installations", "61. The Government, relying on a certificate of 8 April 2004 from the facility director, submitted that the “sanitary and anti-epidemic condition of the facility remained satisfactory, including... in the cells where [the applicant] had been held”. Another certificate of 20 April 2004 showed that “the cells... were equipped with [a lavatory pan] placed no more than 10 cm above the floor and separated by a partition of 1.5 m in height with additional curtains”. Running tap water was available and detainees were permitted to use immersion heaters.", "62. The applicant conceded that there had been no outbreaks of contagious diseases or epidemics. Apart from that, the sanitary conditions were wholly unsatisfactory. Prisoners infected with tuberculosis, hepatitis, scabies and the human immunodeficiency virus (HIV) were occasionally held in his cell. The cells were infested by lice, bed-bugs, flies, mosquitoes, cockroaches, rats and mice, but the facility administration did not provide any repellents or insecticides. Detainees were not given any toiletries, such as soap, toothbrush, toothpaste or toilet paper, apart from 100 grams of caustic soda once a week and two plastic bottles of bleach (1.5 litres each) every two or three months. Cells had no ventilation systems. In winter they were cold and in summer it was hot, stuffy and excessively damp inside.", "63. The applicant challenged the Government's description of the toilet facilities as factually untrue. The cast-iron pan was raised on a pedestal about 50-80 cm high and separated from the living area from one side with a one-metre-high partition. The person using the toilet was in full view of other inmates. No curtains were provided; occasionally the inmates hung a sheet but wardens tore it down and disciplined those responsible. What is more, the lavatory pan had no seat or cover: inmates stuck an empty plastic bottle in the hole in order to prevent smells from spreading. The dining table was fixed to the floor just a few metres from the pan. His description was corroborated by written depositions by former cellmates, Mr Kayumov, Mr Gunin, Mr Kelerman and Mr Sergey Kalenik, and four colour photos showing the lavatory pan and the dining table from various angles.\n(c) Food", "64. The Government asserted that “the applicant was fed in accordance with the established legal norms”. It appears from an undated certificate signed by the facility director that his daily diet consisted of 100 g of meat, 100 g of fish, 100 g of groats, 20 g of pasta, 20 g of salt, 1 g of tea [sic], 0.5 kg of potatoes, 0.25 kg of vegetables, 0.55 kg of bread.", "65. The applicant submitted that the food was of an extremely low quality. Many a meal only contained so-called balanda, a soup-like mix of millet, barley and pasta without any fat. Meat was replaced with a soya substitute. No fresh vegetables were given, occasionally the evening meal included cooked beetroot, sauerkraut or pickled cucumbers. Salt and tea were never distributed. Written depositions by four of the applicant's former cellmates confirmed these submissions.\n(d) Outdoor exercise", "66. The parties agreed that the applicant had been entitled to a daily walk of about one hour. The applicant indicated, however, that he was not able to go outdoors on days when there were court hearings.", "67. The Government did not describe the outdoor conditions. The applicant, and four former cellmates in written depositions, portrayed the following picture of the exercise yards: The yards were closed premises measuring 12, 26 or 40 sq. m. The opening to the sky was covered with a metal roof with a one-metre gap between the roof and the top of the walls. In summer it was extremely hot and stifling inside as the sun heated the roof. The walls were coated with so-called shuba, a sort of abrasive concrete lining, designed to prevent detainees from leaning on the walls. The entire cell population was brought to the yard at once; occasionally it was impossible to move around, let alone to exercise, because of the sheer number of prisoners.\n(e) Other issues", "68. According to the applicant, metal blinds that prevented natural light getting into the cells were only removed on 28 December 2002 after a delegation that included a representative of the Council of Europe had paid a visit to Vladimir detention facilities. The Government did not contest that information.\n(f) Contact with the outside world", "69. The applicant's relatives were not permitted to see him throughout the pre-trial investigation. After the trial began, he was allowed four short visits by his wife, children, sister and brother. At these meetings the applicant and his parents were prohibited from talking in any language other than Russian. The applicant was likewise prohibited from corresponding with his relatives other than in Russian: the facility administration refused to dispatch or hand over letters written in Tajik.", "70. The Government explained that these restrictions had been due to the lack of a staff interpreter from Tajik in the facility.", "71. The applicant was transported from the remand centre to the Vladimir Regional Court for hearings on 205 occasions; of these hearings, 185 concerned the charges against him and 20 applications for extensions of detention. The applicant offered the following description of these days, which was corroborated by written depositions from four former cellmates.", "72. On the day of the hearing he was woken up at 4 or 5 a.m. At about 8 a.m. he was taken from his cell to the so-called “assembly cell”, together with other detainees who had a hearing on that day. Each “assembly cell” measured 9.2 to 9.9 sq. m and housed 10 to 20 prisoners. “Assembly cells” had no ventilation system and the air was soon heavy with smoke. At about 9 or 9.30 a.m. the applicant was taken to a van.", "73. The prison van had one collective compartment designed for four prisoners and six individual compartments of one sq. m. It was designed to carry ten prisoners. However, it transported between 15 and 20 and on one occasion 27 detainees. The applicant was put in an individual compartment together with another prisoner. Owing to the lack of space, one of them would sit on the bench and the other on his lap. The route to the Vladimir Regional Court took one hour and the van called at other facilities on its way.", "74. The applicant did not normally arrive back at the prison until 6 or 8 p.m. During the day he received no food or outdoor exercise and was liable to miss out on the shower he was allowed periodically.", "75. The Government submitted that the applicant had been transported in special prison vans that met the standard requirements. The route from facility no. OD-1/T-2 to the Vladimir Regional Court was eight kilometres long and took thirty minutes." ]	[ 1, 2, 3 ]
[ "8. The applicant was born in 1969.", "9. On 22 May 1996 the applicant was taken into custody by the Jõgeva police on suspicion of having committed burglary.", "10. On 8 November 1996 the applicant was charged with fraud and three counts of burglary.", "11. On 19 May 1997 the Jõgeva County Court (Jõgeva Maakohus) convicted the applicant as charged and sentenced him to four years’ imprisonment.", "12. On 8 October 1997 the Tartu Court of Appeal (Tartu Ringkonnakohus) quashed the judgment of the County Court on procedural grounds and remitted the case to it for fresh consideration by a differently constituted court. The applicant was ordered to remain in custody.", "13. In November 1998 a new criminal case concerning an act of hooliganism in prison was opened against the applicant, which was later joined to the charges under consideration before the trial court.", "14. On 28 September 1999 the County Court convicted the applicant on all charges and sentenced him to four years and six months’ imprisonment.", "15. On 29 November 1999 the Court of Appeal acquitted the applicant of hooliganism, upholding the County Court’s judgment in respect of the other charges.", "16. On 19 January 2000 the Supreme Court (Riigikohus) refused the applicant leave to lodge an appeal with it.", "17. During his detention on remand from 22 May 1996 the applicant was kept for the most part in Tallinn Central Prison (Keskvangla). In addition to several shorter stays in the prison hospital totalling about three months, the applicant was hospitalised from 17 May 1999 until 22 December 1999.", "18. The applicant spent 14 short periods, lasting from 5 to 15 days, in the Jõgeva Police District Arrest House (Jõgeva Politseiprefektuuri arestimaja), where he was escorted from the Central Prison in connection with his trial. In total he spent 139 days in the arrest house.", "19. On 22 December 1999 he was sent to serve his sentence in Murru Prison. He was released in November 2000.", "20. As regards the Jõgeva Arrest House, the applicant submits that his cell measured 9 sq. m (or 3.5 m by 3 m). It had no ventilation and had only a small window (25 cm by 25 cm). The ventilation was installed in 2000. There was no chair, table or proper bed. Inmates slept on a shared platform which was used by four to five persons. In the cell there was little room for movement, since 60% of it was occupied by the large plank bed. From 6 November to 9 November 1998 the applicant shared his cell with R.J., who was ill with tuberculosis in its contagious form.\nThe inmates were provided with food only once a day. They had to keep their food on the floor, as there were no cupboards for it. The toilet (a hole) and the sink also occupied part of the tiny room. The condition of the cell was extremely insanitary.\n(b) The Central Prison", "21. The general conditions in Tallinn Central Prison were equally unsatisfactory. The applicant’s cell lacked fresh air and it had no natural light as there were metal slats fitted to the cell window. He was permitted to walk outside his cell for one hour a day. The food in the detention facility was of poor quality.", "22. All ordinary confinement cells where the applicant was held in the Central Prison measured 14 m by 3 m. He stayed in the following cells.\nFrom July to September 1996 he was held in cell no. 89. There were fourteen inmates in it.\nFrom October to December 1996 he was in cell no. 141. There were four inmates.\nIn December 1996 he was in cell no. 78. The number of detainees was eleven.\nFrom December 1996 to April 1997 he was held in cell no. 67. There were fifteen inmates.\nFrom April to May 1997 he was in cell no. 50. It accommodated seventeen persons.\nFrom May 1997 to April 1998 he was held in cell no. 67. The number of detainees was fifteen.\nFrom May to September 1998 he was accommodated in cell no. 73. There were fourteen inmates in it.\nFor one week in September 1998 he stayed in cell no. 72, which held eight inmates.\nFrom September 1998 to April 1999 he was in cell no. 58. The number of inmates was twelve.\nIn May 1999 he was held in cell no. 95, which accommodated twelve detainees.\nFrom May to December 1999 he was in cell no. 168 in the prison hospital. This cell measured 5 m by 2.5 m and there were four inmates in it.\nOn nine occasions the applicant was held in a cell designed for solitary confinement. This room measured 2 m by 2.5 m. It was cold and damp. For the toilet there was a hole in the floor from which rats came out during the night.", "23. The Jõgeva Arrest House was built in 1984 and is located on the first floor of the regional police headquarters, with windows facing south. There were eight cells in the arrest house which measured between 7.55 sq. m and 11.32 sq. m. On average, there were between two and four inmates in a cell. The original size of the glass block windows had been 1.10 m by 3 m. In most of the cells the windows had subsequently been walled up for security reasons. The glass block windows were preserved in cells nos. 7 and 8. Each cell had one electric light. The cells were fitted with large bunk beds for sleeping and each inmate had his own sleeping place. In the cells there was a secluded toilet corner and cold water for daily hygiene. In 1999 the central-heating radiators were replaced with floor heating. In 2000 the ventilation system was renovated. There was a courtyard for walking and, where possible, inmates could take walks for one hour a day. Once a week inmates could take a shower. Once a week inmates could receive parcels and once a month they had the possibility of a visit. If medical aid was needed, it was called for from the town hospital.\nMeals were provided three times a day in the cells, two of them being hot meals. In case of necessity dietary food was provided to the inmates.\nInmates were fully provided with bedclothes and hygiene articles (soap, toilet paper). Bedclothes were changed one a week or more frequently when necessary.", "24. Not all information concerning the various periods of the applicant’s stay in the Jõgeva Arrest House has been preserved. In so far as the information is available, the applicant was kept in the following cells.\nFrom 5 May to 20 May 1997 he was kept in cell no. 4, measuring 10.7 sq. m. There were between one and four inmates in the cell.\nFrom 5 October to 10 October 1997 he was in cell no. 5. The size of the cell was 10.9 sq. m and there were four to six persons in the cell.\nFrom 27 February to 13 March 1998 he was again in cell no. 4. There were up to four detainees in the cell.\nFrom 6 November to 13 November 1998 he was held in cell no. 6. The size of it was 10.9 sq. m and there were between two and four inmates in the cell.\nFrom 21 January to 29 January 1999 he was held in the same cell. There were between three and five inmates in it.\nFrom 12 February to 26 February 1999 he was again in cell no. 5. There were between three and five persons in the cell.\nFrom 9 April to 20 April 1999 he was in cell no. 6. There were between three and five inmates in the cell.\nFrom 10 August to 13 August 1999 he was in cell no. 5. There were three inmates in it.\nFrom 17 September to 1 October 1999 he was in the same cell. There were between three and five persons in the cell.\nFrom 26 November to 3 December 1999 he was again in the same cell. There were three to four persons in it.\nThere was no confirmation that the applicant had been in the same cell as a contagious tuberculosis carrier. Detainees with such a disease were held in the hospital of the Central Prison.\n(b) The Central Prison", "25. Until 1994 the Central Prison was the only pre-trial detention institution in Estonia alongside police arrest houses. In 1994 a new prison was built in Maardu to house under-age male prisoners. In 1996 and 1997 two sections for remand prisoners were built in Tallinn Prison, to which around 650 inmates were transferred from the Central Prison, allowing for an improvement of the conditions there.\nThe Central Prison was housed in the building of a sea castle built in 1840. In 1914 the building was converted into a prison. The cells in the prison had been rebuilt from the former cannon chambers and were designed for between two and sixteen persons. The outer wall of the castle was built of limestone and was about 1.5 metres thick. The prison’s windows were built where there had formerly been embrasures for cannons. Accordingly, the size of the windows and the natural light coming through them did not comply with the requirements for dwelling facilities. However, all windows could be opened and there was no problem with the inflow of air. The artificial lighting in the cells was sufficient. In 1997-1998 the heating system in most cells had been renovated.\nIn each cell there was a secluded toilet corner and access to cold drinking water, where it was also possible to wash oneself if necessary. At least once a week all inmates went to the sauna or could take a shower. The detainees were given bedclothes, which were changed once a week, or more frequently if necessary. Those who wished were provided with soap, washing powder and toilet paper by the prison. There was at least one hour’s walking time in fresh air every day. Inmates had an unlimited right to make appointments for meetings with the prison chaplain, social workers, doctors and the prison management.\nFor sleeping, the cells had double-tier bunks. There was at least one large table and chairs, the number of which depended on the size of the cell and the number of inmates. In the cells there were cupboards for personal belongings for each detainee. There was also a table and a stool in the punishment cells. Sleeping berths in the punishment cells were folded up and locked for the day.\nPrisoners received three hot meals a day in the cells. The quality of the food was regularly checked by the prison doctor and administration. Persons with health problems could follow a special diet prescribed by the doctor. All detainees had the right to buy additional foodstuffs, tobacco products and articles of basic necessity at the prison shop and to receive parcels from visitors.\nPrisoners could borrow books from the prison’s library. In addition to a couple of copies of newspapers subscribed to by the prison, the inmates could order newspapers and magazines at their own expense. In general, the prisoners were allowed to use radios or television sets in their cells.", "26. The prison hospital was in one of the wings of the Central Prison that was facing the land, where the walls were not as thick and the windows were larger. The natural light in the hospital was also better.\nDetainees with active tuberculosis were treated in a separate ward of the hospital, which was renovated in 1997-1998. Patients with this disease were offered two hours of outdoor exercise every day.", "27. All persons in custody had to pass health checks when admitted to prison; these included an X-ray examination. Examinations carried out by the medical staff showed that more than half of the patients were infected before incarceration.", "28. In 1998 the Government decided that the prison should be condemned as the building was unsuitable for that purpose, and that a new prison should be built in Tartu. Following the completion of the new establishment, the Central Prison was closed down in 2002.", "29. During the applicant’s stay in the Central Prison, he was in fourteen different cells altogether, as well as four different hospital wards and five punishment cells.\n(i) The cells in which the applicant was held in the Central Prison", "30. From 25 June to 2 September 1996 he was in cell no. 89. The size of the cell was 36.4 sq. m and during the period concerned there were between twelve and fourteen detainees in the cell. The cell had a window measuring 97 cm by 175 cm.\nFrom 2 September to 17 October 1996 he was in cell no. 141. The size of the cell was 7.4 sq. m and there were three detainees. The cell had a window measuring 95 cm by 175 cm.\nFrom 17 October to 22 October 1996 the applicant was kept in cell no. 125. Its size was also 7.4 sq. m. The number of detainees was between one and three. The cell had a window measuring 95 cm by 175 cm.\nFrom 22 October to 22 November 1996 and from 25 November 1997 to 28 November 1997 the applicant was in cell no. 78. The size of the cell was 37.6 sq. m and the number of inmates was between ten and fourteen. The cell had a window measuring 95 cm by 175 cm.\nThe applicant stayed in cell no. 67 for several periods: from 22 November to 20 December 1996, from 25 December 1996 to 2 February 1997, from 11 February to 10 April 1997, from 20 May to 28 October 1997, from 1 December 1997 to 11 February 1998, from 25 February to 30 April 1998 and from 13 July to 14 July 1998. The size of the cell was 37.6 sq. m and the number of detainees was between six and fourteen. The size of the window was 95 cm by 175 cm.\nFrom 8 February to 11 February 1997 the applicant was in cell no. 58. Its size was 34.9 sq. m and the number of inmates was between eleven and fourteen. The cell had a window measuring 95 cm by 175 cm.\nFrom 20 April to 20 May 1997 he was in cell no. 50. The size of the cell was 35.5 sq. m and the number of detainees was between eight and fourteen. The cell had a window measuring 95 cm by 175 cm.\nFrom 23 October to 25 October 1997 and from 20 November to 25 November 1997 the applicant was in cell no. 131. The size of the cell was 7.4 sq. m and the number of inmates in the cell was two or three. The cell had a window measuring 95 cm by 175 cm.\nFrom 25 October to 6 November 1997 he was in cell no. 87. Its size was 36.1 sq. m and the number of detainees was between twelve and fourteen. The cell had a window measuring 95 cm by 175 cm.\nFrom 2 May to 26 May 1998 the applicant was kept in cell no. 64a. The size of the cell was 35.8 sq. m and there were between eight and twelve detainees in it. It had a window measuring 95 cm by 175 cm.\nFrom 26 May to 13 July 1998 the applicant was in cell no. 71. Its size was 38.2 sq. m and it had between ten and fourteen detainees. The size of the window was 95 cm by 175 cm.\nFrom 14 July to 1 September 1998 and from 1 October to 2 October 1998 the applicant was in cell no. 73. The capacity of the cell was 37.6 sq. m and it accommodated twelve to fourteen detainees. It had a window measuring 95 cm by 175 cm.\nFrom 2 October 1998 to 5 February 1999 the applicant was held in cell no. 72. The size of the cell was 37.9 sq. m. There were between eight and fourteen detainees in the cell. The cell had a window measuring 95 cm by 175 cm.\nThe applicant was held in cell no. 95 for several periods: from 5 February to 8 February 1999, from 20 April to 6 May 1999 and from 14 May to 17 May 1999. The cell’s capacity was 33.1 sq. m and it had six to fourteen inmates. Its window measured 95 cm by 175 cm.\n(ii) The punishment cells in which the applicant was detained in the Central Prison", "31. While serving a disciplinary punishment from 20 December to 25 December 1996 the applicant was alone in punishment cell no. N-5. The cell had a window measuring 70 cm by 150 cm.\nFrom 10 April to 20 April 1997 the applicant was alone in punishment cell no. N-8. Its size was 7.4 sq. m and it had a window measuring 70 cm by 150 cm.\nFrom 28 November to 1 December 1997 the applicant was alone in punishment cell no. N-4. The size of the cell was 7.4 sq. m and it had a window measuring 70 cm by 150 cm.\nFrom 30 April to 2 May 1998 the applicant was alone in punishment cell no. 1. Its size was 7.4 sq. m and it had a window measuring 70 cm by 150 cm.\nFrom 3 September to 9 September 1999 he was held alone in punishment cell no. N-7. Its capacity was 7.4 sq. m and its window measured 70 cm by 150 cm.\n(iii) The wards in which the applicant stayed in the Central Prison hospital", "32. On 6 November 1997 the applicant was hospitalised for medical treatment. He was in prison hospital ward no. 153, which measured 29.4 sq. m. There were five patients in the ward. The ward had a window measuring 230 cm by 165 cm.\nThe applicant spent several periods in hospital ward no. 154: from 6 November to 20 November 1997, from 14 September to 1 October 1998, from 8 February to 20 April 1999 and from 6 May to 14 May 1999. The size of the ward was 29.4 sq. m and it housed five patients. It had a window of 230 cm by 165 cm.\nFrom 11 February to 25 February 1998 the applicant was in hospital ward no. 177. It measured 26 sq. m and there were four patients in it. It had a window of 230 cm by 165 cm.\nFrom 17 May to 3 September 1999 and from 9 September 1999 to 9 March 2000 he was in hospital ward no. 168. The size of the ward was 15.5 sq. m and there were two to three patients in it. It had a window measuring 230 cm by 165 cm.", "33. According to the applicant’s medical records, he was healthy in March 1997.", "34. In November 1997 cirrhosis of the liver arose as a complication of hepatitis B and C, from which he had suffered in 1994. The applicant was admitted to Tallinn Central Prison hospital with liver damage from 6 November to 20 November 1997.\nOn 11 February 1998 the applicant was again hospitalised and was further diagnosed with hepatitis B and C. He stayed in the prison hospital until 25 February 1998.\nHis further stays in the hospital lasted from 14 September to 1 October 1998, from an unspecified date in October to 6 November 1998 and from 7 May to 14 May 1999.", "35. In May 1999 the applicant was diagnosed with tuberculosis, which led to his hospitalisation from 17 May to 22 December 1999. According to a medical certificate, he was suffering in addition from cirrhosis and hepatitis B and C.", "36. Examinations conducted in March and September 2000 revealed that the applicant was no longer in need of special treatment.", "37. Following the applicant’s release, in November 2000, from Murru Prison where he was serving his sentence, the Tartu County Expert Committee on Disabilities established, in a decision of 28 February 2001, that the applicant’s capacity to work had been reduced by 80%. The cause of this incapacity was general illness. The experts assessed his invalidity as being of the second degree. The decision was effective until 31 March 2002 and a new expert assessment was scheduled for 6 March 2002.\nIn taking their decision, the experts relied on the information on the applicant’s state of health provided by his family doctor and the medical records submitted by the Central Prison hospital.\nII. FINDINGS OF THE EUROPEAN COMMITTEE FOR THE PREVENTION OF TORTURE AND INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT (CPT)", "38. In July 1997 the CPT carried out its first visit to Estonia. On 30 October 2002 it published a report of its visit, which contains the following findings concerning the Jõgeva Police District Arrest House and the Central Prison.\n“ ... 26. The CPT’s delegation visited eight police arrest houses. Conditions of detention were extremely poor in almost all of them.\n... 30. Very poor conditions of detention were ... found in the arrest houses in Jõgeva ... Here also, the cells were frequently overcrowded and invariably poorly equipped, there was little or no access to natural light, and artificial lighting and ventilation were often woefully inadequate. ...\nNevertheless, it should be added that detained persons met at Jõgeva Arrest House indicated that staff in that establishment did what they could to alleviate the conditions of detention; for example, family members were allowed to bring packages at any time (rather than once a week, which was the case elsewhere), and detained persons without soap or toilet paper were provided with these items.\n... 33. In all the arrest houses visited, the delegation observed that the food supplied by the State to detained persons was very meagre in quantity. Invariably, only one meal was provided per day; this was served at midday and usually consisted of bread and soup, which might on some occasions be accompanied by an egg or a piece of sausage. Breakfast and supper each consisted merely of tea, which was not always provided with sugar ... In several arrest houses, staff members voiced concern about the inadequate amount of food provided, but added that the very low food allowance per detained person (reportedly 19 kroons in Tallinn and Tartu, falling to 12 kroons in Narva) made it difficult to improve the situation. Not surprisingly, several detainees indicated that they relied heavily on food brought in by family members.\n... 37. ... The CPT was also concerned to learn that several detained persons who had been returned from the Central Prison to an arrest house alleged that their medical treatment for tuberculosis had been interrupted, allegations which were confirmed by health care staff in some arrest houses. Such a situation is highly dangerous for both the prisoners concerned and the public at large. 38. Depriving someone of his liberty brings with it the responsibility to detain him under conditions which are consistent with the inherent dignity of the human person. The facts found in the course of the CPT’s visit show that, regarding persons placed in police arrest houses, the Estonian authorities are not fulfilling that responsibility. Almost without exception, the conditions in the police arrest houses visited could fairly be described as inhuman and degrading.\n... 60. The CPT’s delegation examined in some depth the situation at the Central Prison in Tallinn, which is widely recognised as the most problematic establishment in the Estonian prison system. Senior officials of the Prison Board referred to it as ‘a stone around our necks’.\n... 61. The Central Prison serves principally as a remand facility for the whole of Estonia and also comprises a prison hospital with a nationwide function. The prison moved into its current premises – an old naval fortress – as a temporary measure in 1914. The delegation was informed that, at the time of the visit, its official capacity was 1,100 (including 90 hospital beds). On the first day of the visit, the establishment was holding a total of 1,271 prisoners (including 60 women prisoners, 104 in-patients at the hospital and 107 sentenced prisoners assigned to work in the establishment).\n... 64. At the outset of the visit, members of the Prison Board identified three serious problems facing the Estonian prison system: a rising prison population, which had led to overcrowding; a lack of work for prisoners, approximately 80% of whom were unemployed; and difficulties in the field of prison staff.\n... 73. Finally, although the Central Prison shall be dealt with in a separate section of this report, the CPT must emphasise already at this point that many of the prisoners in that establishment were subject to a series of negative factors – overcrowding, poor hygiene conditions, an impoverished regime – which could certainly be described as inhuman and degrading treatment. 74. The conditions of detention of remand prisoners at the Central Prison were intolerable.\nFirst of all, the prisoners were being held in grossly overcrowded conditions; even the very modest standard applied in Estonia of 2.5 m² per prisoner was not being offered to the majority of remand prisoners. By way of example, cells measuring 35 m² were being used to accommodate 18 or more prisoners; one such cell in the reception unit was accommodating 28 recently admitted prisoners. The delegation also found six prisoners being accommodated in cells measuring 15 m² (in the women’s section). Reference should also be made to a suite of 12 cells, each measuring 3.3 m², found in section 7 of the prison. Most of them had a single occupant, but some were accommodating two inmates. In the CPT’s opinion, a cell of such a limited size is unfit to serve as accommodation for one prisoner, let alone two.\nIn many cells, there was little room for any furniture apart from bunk beds; at best there was a table and stools. Indeed, living space was at such a premium that, in some cells, inmates did not have their own bed and, consequently, had to take turns to sleep. All of the cells were equipped with a lavatory and a wash basin. However, the lavatory was not partitioned and prisoners had to resort to makeshift curtain arrangements to try and provide a modicum of privacy; further, these in-cell sanitary facilities were frequently in a very poor state of repair and dirty, as were the cell facilities in general.\nMost cells had only limited access to natural light – often because cell windows were small and/or had been screened or covered – and ventilation was poor. As for the 3.3 m² cells in section 7, they did not have a window at all; consequently, they had no access to natural light and no evident means of ventilation. Further, allegations were heard that the prison’s heating system was not a match for Estonian winters. 75. The CPT was also concerned to note that many remand prisoners had difficulty maintaining an acceptable level of personal hygiene. Two factors contributed to this situation: the prisoners were themselves often destitute, and they received virtually no assistance from the prison establishment.\n Washing powder was the sole item provided to prisoners in their cells, and soap was made available only during the weekly shower. Prisoners without money or help from their families had to rely on the generosity of fellow inmates to obtain items such as lavatory paper, soap and toothpaste. This situation was particularly resented by female remand prisoners at the Central Prison; they complained that they had even to manufacture their sanitary towels using rags.\nFurther, no assistance was provided to prisoners who did not have proper clothing at their disposal. 76. The deplorable material conditions described above were compounded by the absence of anything which remotely resembled a regime. The principal – practically the only – out-of-cell activity consisted of one hour of outdoor exercise every day. Inmates took their exercise in small groups, in facilities which were not large enough to enable them to exert themselves physically. Loud music was played during exercise periods, apparently in order to prevent any communication between inmates placed in different yards. The only other regular out-of-cell activity was a weekly 20-minute shower session. Visits from relatives or friends were subject to authorisation by the relevant investigating authority and, apparently, a rare occurrence.\nAs regards in-cell activities, they were limited to reading newspapers and books. In short, remand prisoners held at the Central Prison led a monotonous and purposeless existence, a situation which could last for months and, on occasion, for years.\n... 99. Medical staff in the Central Prison expressed alarm about the rising number of tuberculosis cases. Having regard to available information concerning the prevalence of tuberculosis in Estonian prisons, the CPT tends to agree that there is cause for major concern. Tuberculosis is a serious life-threatening condition if left untreated; prison authorities have a clear obligation to ensure adequate methods of detection and to provide treatment.\nThe screening procedures currently employed (i.e. fluorographic examination of the lung fields on entry to prison and at six monthly intervals) are effective in detecting cases of active pulmonary tuberculosis. However, in view of the rising prevalence of tuberculosis, consideration might usefully be given to the introduction of a more sensitive detection technique by using a tuberculin skin sensitivity test (such as the Mantoux test), in addition to fluorography. By combining these two techniques, a higher case detection rate could be achieved, in particular during the earlier stages of the disease. Further, in view of the high risk of transmission during custody in police arrest houses (where conditions are very conducive to air-borne infection), it would be highly desirable to have the tuberculosis screening process carried out at an earlier stage of a person’s deprivation of liberty.\n... 101. Hepatitis B transmission amongst inmates was also a source of concern for medical staff at the Central Prison; they indicated that, in their view, transmission was taking place through using non-sterile tattooing needles or penetrative sex between inmates.\n... 103. The Prison Hospital provided in-patient care, covering a range of surgical and non-surgical specialities, to inmates from all prisons in Estonia.\nThe hospital’s health care staff were sufficient in number, comprising fourteen medical doctors and twenty-six nurses; they were all employed full-time at the hospital, and a shift system enabled them to provide a 24-hour emergency service. Further, medical staff were adequately trained and appeared committed to providing the best possible care to patients under the prevailing adverse conditions. It should be added that medical and nursing files were well kept.\n... 105. Despite the efforts of medical staff, the material conditions in the hospital were such that care was seriously sub-standard. The hospital was both overcrowded (150 patients for a theoretical capacity of 90) and in a poor state of repair.\nBy way of illustration, up to eight patients were being accommodated in 27 m² rooms, with very limited access to natural light and inadequate ventilation. More generally, the premises as a whole were in a dilapidated state (flaking plaster and peeling paint, broken windows, uneven floors with broken surfaces, and potentially hazardous electrical wiring/installations), which rendered it practically impossible to clean and disinfect to hospital standards.\nPatients’ rooms were not equipped with a call system; further, they were kept locked by prison officers, thus hampering access of health care staff to patients. 106. The negative effects upon patients’ lives of the situation described above were exacerbated by the fact that, with the exception of those suffering from tuberculosis, patients were offered no outdoor exercise or other activities (reading, games, recreation). 107. As regards inmates requiring treatment for pulmonary tuberculosis, they were held and cared for in similar conditions to those described in paragraph 105 above. In particular, they were accommodated in overcrowded, poorly-ventilated rooms. The only differences as compared to other patients were that they benefited from two hours of outdoor exercise every day and received a supplemented diet.\n The CPT has noted that, at the time of the visit, four additional rooms had been laid out to accommodate patients suffering from tuberculosis, but were not yet in service. It appeared that they would offer a far more therapeutic environment: they were spacious, and had good access to natural light and ventilation.”", "39. In their responses to the CPT report, filed in June 1998, the Government submitted the following in respect of the general conditions in the Central Prison and its future:\n“A reduction of the number of remand prisoners in the Central Prison can be made only by their transfer to the Tallinn Prison which is built according to modern standards. This can be done only within certain limits. In the remand unit of the Tallinn Prison up to 5 persons are kept in a cell for reasons of lack of available space.\nThe cells in the Central Prison from which the inmates are transferred to Tallinn Prison will remain in use and as a result the overcrowding of other cells will be reduced. Demolition of the cells which are less than 6 m² is programmed and they will soon be condemned.\nThe general conditions prevailing in the Central Prison will be improved step by step, dependent on resources, which are short at present.\n• Every inmate has his own mattress today;\n• During the period August 1997 to April 1998 19 cells have been repaired. During the preparation for last winter the heating system in 27 cells was repaired;\n• In July 1997 4 new wards were opened in the hospital’s tuberculosis unit; at the present time (according to the plan) the remaining wards of the tuberculosis and surgery units are under repair;\n• In the fourth quarter of the year 1997 the sauna in the tuberculosis unit was opened and a room for long-term meetings was built. The indoor gymnasium for the convicted was also opened;\n• In 1998 the disinfection-cell, the kitchen and dependencies (dish washing room, storeroom and corridor) were repaired.\n...\nThe Estonian Prison Board is of the opinion that the Central Prison should be condemned as the building is unfit for the purpose. It was built as a naval fortress and was taken into use as a prison in 1914. It has also been shown that economically it is unprofitable to keep the Central Prison in use. The reasons are that:\n• the architectural layout of the building is impractical (large cells, insufficient lighting in cells, etc.)\n• technical facilities (the water supply, canalisation and the central heating piping) are derelict and to replace them would be too expensive\n• there is no proper ventilation\n• there is permanent humidity and damp in the building, because the prison is situated on the seaside.\nIt will be necessary to reallocate the prisoners at present detained in the Central Prison, For this reason it is planned to build a new prison in Tartu. The Government decided on 12 May 1998 to find the necessary funds and the construction work will start shortly.”", "40. In September 2003 the CPT carried out its latest visit to Estonia, during which the Jõgeva Arrest House was also inspected. On 27 April 2005 the CPT published a report on its visit. The report contains the following findings, in so far as relevant:\n“ ... 26. The material conditions under which detained persons (in police custody, on remand or sentenced) were being held in certain police arrest houses, including those in Kohtla-Järve and Narva, were appalling; conditions also remained very poor in Jõgeva.\nDetainees were locked up 24 hours per day - with no outdoor exercise - in cells that were filthy, dimly lit (with no access to natural light, and poor artificial lighting) and severely overcrowded (up to 15 persons in a cell of 15 m²). [Footnote no. 18: In a number of cases, the levels of arrest house overcrowding in September 2003 actually exceeded those observed by the CPT in 1997 and 1999.] The unpartitioned lavatories – where persons were obliged to relieve themselves in the direct presence of their cellmates – exacerbated the effects of the very poor ventilation, rendering the already dank air nauseating. In many cases, persons were provided with no mattresses and blankets, and lacked basic personal hygiene products. The cumulative effect of the execrable material conditions and the impoverished regime could well be described as inhuman and degrading. This state of affairs was exacerbated by the fact that persons were being held under such conditions for prolonged periods (i.e. for up to three months and, on occasion, even longer).\n... 28. An impoverished regime – 24-hour in-cell lock-up – remained the norm for everyone detained in an arrest house. Of the six arrest houses visited by the delegation, Jõgeva was the only one where detainees were being offered the opportunity to take outdoor exercise, albeit only twice a week or so. Even if a particular establishment was equipped with yards, staff shortages were cited as reasons for not granting outdoor exercise to detainees. The promised enlargement of the 6 m² ‘yards’ at Tartu Arrest House had not taken place, and they remained unused.\nAs regards contacts with the outside world, the Internal Rules of Tallinn Arrest House permitted one two-hour visit once a week. However, many persons detained at other arrest houses complained that they were allowed only one 15-minute visit per month.\n... 53. More generally, the CPT has noted that the average amount of space per remand prisoner in Estonia is 3 m². Such an average does not offer a satisfactory amount of living space; the Committee recommends that the Estonian authorities strive to maintain a standard of at least 4 m² of living space per prisoner in multi-occupancy cells, and that official capacities be calculated accordingly.\n...”" ]	[ 1 ]
[ "4. The applicant was born in 1938 and lives in the city of Dnipropetrovs’k, Ukraine.", "5. On 4 August 1993, the applicant was attacked and injured by Mr Ts., when trying to prevent the latter from stealing State property.", "6. The next day a criminal investigation was started by the Apostolivskiy District Police Department.", "7. On 5 October 1993 the applicant was granted the status of an aggrieved party.", "8. The criminal investigation under Article 101 of the Criminal Code (grievous bodily harm) was completed by the Kryvyy Rig Prosecutors’ Office on 8 May 1994 and referred to the court.", "9. On 21 November 1994 the applicant introduced a civil claim against Mr Ts. in the framework of the pending criminal proceedings.", "10. On 11 June 1996, Apostolivsky District Court of Dnipropetrovs’k Region found Mr Ts. guilty of inflicting grievous bodily harm on the applicant and sentenced him to four years’ imprisonment, suspended for two years pending probation. The civil claim of the applicant was not granted due to a lack of supporting documents.", "11. On 27 August 1996, the Dnipropetrovs’k Regional Court quashed the decision of the first instance court on the ground that the sentence was too lenient and remitted the case for fresh consideration.", "12. On 20 May 1998, the Apostolivsky District Court found Mr Ts. guilty and sentenced him to five years’ imprisonment, suspended for two years pending probation.", "13. On 21 July 1998, the Dnipropetrovs’k Regional Court quashed the decision of the first instance court, again for imposing too lenient a sentence, and remitted the case for fresh consideration to another first instance court.", "14. The same day, by a separate decision, the Regional Court found that the first instance court had not complied with its previous decision of 27 August 1996 and had delayed the consideration of the case on the merits for two years. The court decided to inform the Chairman of the Dnipropetrovs’k Regional Court about this so that the appropriate measures would be taken.", "15. On 6 August 2001, the Nikopolskiy District Court sentenced Mr Ts. to four years’ imprisonment. By the same decision, the court awarded the applicant UAH 212.35 (around 34 euros – “EUR”) in material damages and UAH 5,000 (around EUR 806) in moral damages.", "16. On 30 October 2001, the Dnipropetrovs’k Regional Court quashed the decision of the first instance court and remitted the case for fresh consideration.", "17. On 10 April 2003 the Nikopolskiy District Court sentenced Mr Ts. to five years’ imprisonment, suspended for three years pending probation. By the same decision, the court awarded the applicant UAH 875.33 (around EUR 141) in material damages and UAH 8,000 (around EUR 1,290) in moral damages.", "18. On 18 August 2003 the Dnipropetrovs’k Regional Court of Appeal quashed the judgment of the first instance court and terminated the proceedings on the ground that a further prosecution of Mr Ts. was time-barred. The court also advised the applicant to lodge a separate civil claim against Mr Ts.", "19. On 8 April 2004 the Supreme Court of Ukraine upheld the decision of the appellate court and confirmed that the applicant had to lodge a separate civil claim against Mr Ts. for compensation for damages. The Court has not been informed whether the applicant lodged a separate civil claim.", "20. According to the Government, during the period between 11 September 1997 and 18 August 2003, the applicant caused delays by:\n- being absent from 18 hearings;\n- failing to give proper authority to his lawyer (once);\n- failing to notify his change of address (once);\n- challenging judges (twice); and\n- failing to submit one of his cassation appeals within the prescribed time limits.", "21. The Government further noted that on several occasions the proceedings were suspended for some months due to the illness of the defendant.", "22. According to the applicant only 6 hearings had been suspended due to his absence. He also submitted that he had been present, or his absence had been authorised by the court, at some of the hearings mentioned by the Government." ]	[ 3 ]
[ "9. The applicants were born in 1972, 1973, 1998 and 1999 respectively and are currently in Sweden.", "10. They arrived in Sweden on 25 August 2002 and applied to the Migration Board (Migrationsverket) for asylum on the following day. The first applicant submitted that he was of Kurdish origin, a Sunnite Muslim, and had lived with his family and worked in Beirut (Lebanon) since 1995. He claimed that in December 1999 he and three of his brothers had been arrested by the Syrian security police and imprisoned in Aleppo (Syria) for nine months because the police wanted information about another brother who had absconded while performing military service in 1998. He further alleged that he had been tortured and ill-treated in prison and had only been released after being hospitalised as a result of the ill-treatment. After his release, he returned to Beirut to stay with his family. Between 2001 and 2002 he was arrested four times by the security police, questioned about his brother's whereabouts and beaten. However, on each occasion, he was released after a few days. In 2002 the applicants moved to Aleppo, where they remained until they left Syria in August 2002.\nThe applicants stated that they had left Syria legally, flying from Damascus to Turkey and then on to Stockholm. They had travelled using their own passports but had destroyed them upon their arrival in Sweden.", "11. On 27 June 2003 the Migration Board rejected the family's application for asylum and their request for residence permits and ordered their deportation to Syria. It noted, firstly, that the general situation of Kurds in Syria was not such as to satisfy the requirements for asylum since, inter alia, Kurds who were Syrian nationals had the same rights as all other citizens. Moreover, the majority of the population in Syria were Sunnite Muslims. The Migration Board then found that the applicants had not shown that they risked persecution if they were sent back to Syria. It observed that, except for the first occasion in 1999, the first applicant had been released shortly after each interrogation by the security police. Moreover, as the interrogations had concerned his brother and not himself, the Migration Board considered that he was not personally in need of protection. In this connection, it noted that the first applicant had not been able to explain why his brother had left the army or why the security police was so interested in him. The Migration Board also observed that the applicants had left Syria legally.", "12. The applicants appealed to the Aliens Appeals Board (Utlänningsnämnden), relying on the same grounds as they had before the Migration Board and adding that Kurds were being persecuted and discriminated against in Syria. They also claimed that they had paid 6,000 United States dollars for false passports which they had subsequently discarded. Furthermore, the second applicant had been admitted to an emergency psychiatric clinic for three days in July 2003 owing to panic attacks.", "13. On 16 September 2003 the Aliens Appeals Board dismissed the appeal on the same grounds as the Migration Board, stating that the new reasons advanced by the applicants did not alter the position. The deportation order was also upheld.", "14. The applicants subsequently lodged a new application with the Aliens Appeals Board which was rejected on 27 November 2003.", "15. Further, during the autumn of 2003, the District Court (tingsrätten) of Blekinge convicted the first applicant of threatening behaviour against his four-year-old daughter and a neighbour. It gave him a suspended sentence and made an order for his deportation from Sweden. However, he appealed to the Court of Appeal (hovrätten) of Skåne and Blekinge, which on 24 February 2004 upheld the conviction and the suspended sentence but quashed the deportation order as it did not consider that the offence in itself merited deportation.", "16. On account of the District Court's decision on deportation, the police authorities had begun preparations to enforce it. In that connection, the Swedish embassy in Damascus ascertained that the applicants had left Damascus legally on 17 August 2002 using their own passports but had in fact travelled via Cyprus, not Turkey.", "17. In January 2004 the family lodged a new application for asylum to the Aliens Appeals Board and requested a stay of execution of the deportation order. They referred to a judgment that had been delivered on 17 November 2003 by the Regional Court in Aleppo which stated that the first applicant had been convicted, in absentia, of complicity in a murder and sentenced to death pursuant to Article 535 § 1 of the Syrian Criminal Code.", "18. On 9 January 2004 the Aliens Appeals Board granted a stay of execution of the deportation order against the applicants until further notice and requested them to submit an original of the judgment and other relevant documents in support of their application.", "19. On 26 January 2004 the applicants submitted to the Aliens Appeals Board a certified copy of the judgment in which it was stated that the first applicant and his brother had, on several occasions, threatened their brother-in-law because they considered that he had ill-treated their sister and paid too small a dowry, thereby dishonouring their family. In November 1998 the first applicant's brother had shot the brother-in-law, after planning the murder with the first applicant, who had provided the weapon. The Syrian court, which noted that the two brothers had absconded, found them guilty of the charges and sentenced them to death. They were also ordered to pay 1,000,000 Syrian pounds to the victim's family and were deprived of their civil rights and all their assets were frozen. The first applicant was also charged with unlawfully possessing a military firearm, a charge which the Syrian court had instructed the military prosecutor to proceed with. Lastly, the court went on to state: “[T]his judgment has been delivered in the accused's absence. [It] can be reopened.” It would appear that the judgment has gained legal force.", "20. The applicants also submitted some further documents concerning the proceedings in Syria, including a summons dated 10 August 2003 requiring the first applicant to present himself before the court within ten days, failing which he would forfeit his civil rights and the control of his assets. The first applicant claimed that he had not been involved in the murder as he had been in Beirut at the material time. He also explained that he had, in fact, spent nine months in custody in 1999-2000 on suspicion of complicity in the murder and had been released on bail on 9 September 2000. He insisted that he had not mentioned this before because it concerned the family's honour and his sister's humiliation. The applicant was represented by a lawyer in Syria whose contact details had been provided to the Aliens Appeals Board.", "21. On 16 February 2004 the Aliens Appeals Board requested the Swedish embassy in Syria to verify whether the judgment was authentic and, if so, whether it was possible to appeal or to have the case reopened. They further enquired if a reprieve was possible and whether death sentences were normally carried out in Syria.", "22. By a letter dated 14 March 2004, the Swedish embassy in Syria informed the Aliens Appeals Board that a local lawyer (förtroendeadvokat) they had engaged had confirmed that the judgment was authentic. He had also carried out research into the Syrian criminal law on sentences for murder and manslaughter, the results of which were attached to the embassy's letter.", "23. The embassy provided the following information in their letter to the Aliens Appeals Board. According to the local lawyer it was probable (sannolikt) that the case would be retried in court once the accused were located and it would then be very likely (troligt) that new witnesses would be called and the entire case reheard. Further, the fact that a case was “honour related” was usually considered a mitigating factor leading to a lighter sentence. The embassy said that the lawyer had also stated that it was not unusual for the Syrian courts to impose the maximum sentence possible when an accused failed to appear for trial after being summoned to do so. It added that, according to their sources, it appeared that the accused had to be present in person in order to obtain a retrial. In this respect, the Syrian judicial system was marked by considerable (betydande) arbitrariness and the death sentence was carried out for serious crimes such as murder. However, every execution had to be approved by the President. The embassy had no reliable information about how frequently death sentences were enforced as they were normally carried out without any public scrutiny or accountability. However, the local lawyer had claimed that it was very rare for the death sentence to be imposed at all by the Syrian courts today.", "24. On 4 March 2004, in response to the information provided by the embassy, the applicants initially noted that the first applicant was wanted in Syria under the judgment. They then observed that the local lawyer had only given his own opinion on the matter and on what he considered was likely to happen. However, there were no guarantees that the case would be reopened or that the outcome would be different. They also stated that it would now be very difficult for the first applicant to find any witnesses to testify on his behalf and that, since the murdered man's family was very wealthy, they would be able to bribe the prosecutor and witnesses and, for that matter, the judge. The first applicant alleged that the murdered man had not been his brother-in-law, contrary to what had been stated in the Syrian judgment (see paragraph 19 above), but that the man's family had relied on forged documents before the Syrian court, stating that the first applicant's sister had been married to him. Thus, the murder was considered to be of the most serious kind. Furthermore, the fact that the first applicant was of Kurdish origin would also expose him to discrimination by the court and possibly to a harsher sentence. The applicants argued that, in view of the fact that the Syrian legal system was arbitrary and corrupt, they had a well-founded fear that the first applicant would be executed if he were returned to Syria and that the family would thereby be destroyed.", "25. On 7 April 2004 the Aliens Appeals Board, by two votes to one, rejected the applicants' request for asylum. The majority considered, on the basis of the local lawyer's research, that it had been established that, if the first applicant returned to Syria, the case against him would be reopened and he would receive a full retrial, at the end of which, if convicted, he would be given a sentence other than death, as the case was “honour related”. Under those circumstances, the majority found that the applicants did not have a well-founded fear and were thus not in need of protection.", "26. The dissenting member of the Aliens Appeals Board considered that, having regard to all the facts of the case, the applicants did have a well-founded fear that the first applicant would be executed if returned to Syria and the family should therefore be granted residence permits in Sweden.", "27. On 19 April 2004, following the Court's indication under Rule 39, the Migration Board granted a stay of execution of the deportation order until further notice. The stay is still in force." ]	[ 0, 1 ]
[ "8. The applicants are Ukrainian nationals, who were born in 1957 and 1977, respectively. They reside in the Nyzhnia Krynka village, Ukraine. Ms Leshchenko was the second applicant’s guardian until he reached the age of majority.", "9. On 18 January 1993 a bus belonging to the Khartsyzk Transportation Company No. 11414 (the “TCK”), in which the second applicant travelled to work, had an accident. As a result of the accident he received multiple injuries which left him with a permanent disability, as established by a medical commission.", "10. On 1 November 1993 the Sovetskiy District Court of Makeyevka sentenced Y.F.P. (the bus driver responsible for the accident) to eight years’ imprisonment following his conviction for an infringement of road traffic regulations which had had grave consequences. The court did not consider the applicants’ claims for pecuniary damage lodged in the course of the criminal proceedings, and advised them to appeal to the civil courts in separate proceedings.", "11. In May 1994 the first applicant, the mother and legal representative of the second applicant, lodged complaints on his behalf with the Sovetskiy District Court of Makeyevka against the TCK, seeking compensation for injuries suffered by the second applicant as a result of the accident.", "12. On 7 June 1994 the court allowed the applicants’ claims and ordered the TCK to pay him 29,325,933 Ukrainian Karbovantsi (українські карбованці)[1] in compensation. Later, the Donetsk Regional Court quashed this judgment and remitted the case for reconsideration.", "13. In November 1996 the second applicant, after reaching the age of majority (набуття повнолітнього віку), lodged his own complaints with the Sovetskiy District Court of Makeyevka against the TCK, seeking compensation for the damage caused by the accident. On 26 December 1996 the court allowed his claims and ordered the TCK to pay him UAH 36,232[2] in compensation for non-pecuniary damage. Moreover, it fixed a monthly pension of UAH 254[3] to be paid to him for the period from 1 December 1996 until 1 September 1997. This judgment was not appealed in cassation and became final.", "14. On 26 February 1997 the applicants lodged complaints with the Prosecutor of the Donetsk Region, seeking to institute a supervisory review of the judgment of 26 December 1996.", "15. In April 1997 the Deputy Prosecutor of the Donetsk Region lodged a protest with the Presidium of the Donetsk Regional Court, seeking to quash the judgment of 26 December 1996. On 9 April 1997 the Presidium quashed this judgment and remitted the case to the Sovetskiy District Court of Makeyevka.", "16. On 27 August 1997 the second applicant was declared to be in the “first group” of disabled persons (перша група інвалідності).", "17. On 19 September 1997 the Sovetskiy District Court of Makeyevka allowed the applicants’ petition for a forensic medical examination, suspending the proceedings in the meantime.", "18. On 7 October 1997 the forensic medical examination fixed the second applicant’s loss of work capacity at 100% (з повною втратою працездатності).", "19. In October 1997 the Sovetskiy District Court of Makeyevka re-examined the second applicant’s petition on the basis of the first applicant’s claims regarding the recalculation of the amount of compensation. On 29 October 1997 the court partially allowed the second applicant’s petition and ordered the TCK to pay him UAH 2,965.26[4] in additional compensation. The court also ordered the TCK to pay the second applicant UAH 148 as a monthly pension for the period from 6 October 1997 to 1 September 1999. The decision was not appealed in cassation and became final. The claims of the first applicant for pecuniary and non-pecuniary damages were rejected as being unsubstantiated.", "20. On 4 December 1998 the applicants’ lawyer lodged a request with the Sovetskiy District Court of Makeyevka, seeking an extension of the deadline for an appeal in cassation against the judgment of 29 October 1997. On 18 December 1998 the court dismissed this request. The applicants appealed further to the Donetsk Regional Court, which, on 19 January 1999, refused to consider the matter due to the applicants’ failure to comply with appeal formalities. The applicants were allowed time until 1 February 1999 to rectify their mistakes, which they failed to do, according to the Sovetskiy District Court of Donetsk decision of 8 February 1999, confirmed by the Donetsk Regional Court on 18 March 1999.", "21. On 17 July 1999 the applicants lodged a complaint with the Prosecutor of the Donetsk Region, seeking a supervisory review of the case. In September 1999 the Deputy Prosecutor of the Donetsk Region lodged a protest with the Presidium of the Donetsk Regional Court, seeking to quash the judgment of 29 October 1997. By a resolution of 22 September 1999, the Presidium quashed the judgment of 29 October 1997 and remitted the case for fresh consideration.", "22. On 25 April 2000 the Sovetskiy District Court of Makeyevka allowed the second applicant’s claims and ordered the TCK to pay him UAH 23,130.06[5] in compensation for non-pecuniary damage. The court also ordered the TCK to pay him a monthly pension of UAH 249.96[6] for the period from 6 October 1997 until 1 September 1999. It rejected the first applicant’s claims for pecuniary and non-pecuniary damages. The applicants complained in cassation to the Donetsk Regional Court.", "23. On 4 May 2000 the Sovetskiy District Court of Makeyevka extended the deadline for lodging the cassation appeal with the Donetsk Regional Court as the verbatim records of the hearing of 25 April 2000 were not available to the parties.", "24. On 15 May 2000 the applicants lodged a cassation appeal with the Donetsk Regional Court. On 8 June 2000 the Donetsk Regional Court rejected the cassation appeal as it failed to correspond to the appeal formalities, laid down in Article 292 of the Code of Civil Procedure. The applicants rectified the mistakes and the Donetsk Regional Court considered the cassation appeal on its merits. On 10 August 2000 it quashed the judgment of the Sovetskiy District Court of Makeyevka of 25 April 2000 and remitted the case for fresh consideration. The court also gave a separate ruling regarding the unreasonable length of the proceedings, which they held had been caused by the remittal of the case for fresh consideration on two occasions. It also acknowledged the inactivity of the judges dealing with the case.", "25. On 12 September 2000 the Donetsk Regional Court decided to assume jurisdiction over the case as a first instance court. In particular, it took into account the numerous remittals and the lengthiness of the proceedings. The parties were invited to a pre-trial meeting on 15 September 2000.", "26. On 16 September 2000 the Donetsk Regional Court decided to hold a hearing on 26 September 2000.", "27. In the course of the hearing, the applicants lodged pleas challenging the judge hearing their case as they considered him biased. These pleas were rejected by the President of the Donetsk Regional Court on 21 September and 7 June 2001 as being unsubstantiated.", "28. On 12 December 2000 the Donetsk Regional Court ordered a forensic medical examination concerning the second applicant’s state of health.", "29. On 25 May 2001 the applicants’ lawyer asked for an adjournment of the hearing in the applicants’ case because he had other business commitments. He also complained that the dates were inconvenient for him and, therefore, he could not attend the hearings between 23 April and 22 May 2001. As to his absence from the hearing on 16 January 2001, the lawyer maintained that he was not duly informed about it.", "30. On 25 June 2001 the Donetsk Regional Court of Appeal rejected the applicants’ motion for an additional forensic medical examination concerning the second applicant’s state of health as being unsubstantiated.", "31. On 9 July 2001 the Donetsk Regional Court of Appeal allowed the applicants’ claims in part and ordered the TCK and the State company Makiyivvantazhtrans (the “SCM”), jointly, to pay the second applicant UAH 1,967.91[7] in compensation. It also ordered them to pay him UAH 60[8] per month (for the period from 10 July 2000 until 1 September 2001), a monthly pension of UAH 25.[9] for external assistance, UAH 14,320[10] for the acquisition of a “Tavriya” car (a special vehicle for the disabled), UAH 996[11] for specialised medical treatment (санаторно-курортне лікування) and UAH 1,275[12] for the purchase of a wheelchair and crutches (інвалідна коляска та милиці). It also rejected the first applicant’s claims for pecuniary and non-pecuniary damages.", "32. On 7 August 2001 the applicants’ lawyer lodged an appeal with the Supreme Court.", "33. On 8 August 2001 one of the respondents, SCM, lodged an appeal in cassation (касаційна скарга) with the Supreme Court, seeking to have quashed the ruling of the Donetsk Regional Court of Appeal which had awarded compensation for non-pecuniary damage to the second applicant and which, in its view, infringed Articles 440 and 450 of the Civil Code.", "34. On 1 October 2001 the Supreme Court decided to allocate the applicants’ cassation appeal to a Chamber composed of 15 judges. On 5 December 2001 the Supreme Court rejected the applicants’ petition challenging the composition of this chamber. It also refused to consider the applicants’ appeal on points of fact (апеляційна скарга) as it only had jurisdiction to consider appeals in cassation (касаційна скарга) on points of law. The case file was remitted to the Donetsk Regional Court of Appeal to determine the admissibility of the applicants’ appeal on points of fact.", "35. On 21 January 2002 the Donetsk Regional Court of Appeal issued writs of execution for the judgment of 9 July 2001.", "36. On 21 January 2002 the Donetsk Regional Court of Appeal allowed the applicants until 11 February 2002 to rectify the mistakes in their appeal. On 25 February 2002 the Donetsk Regional Court of Appeal returned the applicants’ appeal lodged with the Supreme Court, without consideration, as the applicants had failed to rectify the mistakes.", "37. On 24 April 2002 the Girnytsky District Execution Service initiated the enforcement of the judgment of 9 July 2001.", "38. On 11 May 2002 the SCM lodged complaints with the Girnytsky District Court of Makeyevka, seeking suspension of the enforcement proceedings pending the hearing of the case by the Supreme Court.", "39. On 24 May 2002 the Girnytsky District Court of Makeyevka granted the suspension, in accordance with Article 35 § 5 of the Law on enforcement proceedings. On 17 July 2002 the court rejected the SCM’s complaints as being unsubstantiated.", "40. On 23 and 26 September, 4 October 2002 and 21 July 2003 the Girnytsky District Bailiffs’ Service terminated the enforcement of the judgment 9 July 2002 in view of its full enforcement.", "41. On 17 June 2002, following the rectification of mistakes in the cassation appeal, the Donetsk Regional Court of Appeal transferred the applicants’ cassation appeal on points of law against its ruling of 25 February 2002 to the Supreme Court for consideration on the merits. In their appeal the applicants challenged the lawfulness of the return of their appeals in cassation by the Donetsk Regional Court of Appeal.", "42. On 30 October 2003 the civil chamber of the Supreme Court rejected the applicants’ cassation appeal against the ruling of 25 February 2002 as the applicants had failed to comply with the ruling of the Donetsk Regional Court of Appeal of 21 January 2002, allowing them time to rectify the shortcomings in their appeal in cassation.", "43. On 4 December 2003 the civil chamber of the Supreme Court, composed of eighteen judges, rejected the SCM’s cassation appeal lodged against the judgment of 9 July 2001 as unsubstantiated. The ruling of the Supreme Court was final and not subject to appeal." ]	[ 3 ]
[ "6. The applicant was born in 1954 and lives in Łódź.", "7. On 21 November 1997 the applicant was arrested on suspicion of receiving and selling stolen goods.", "8. On 22 November 1997 the Łódź District Court (Sąd Rejonowy) ordered that the applicant be detained on remand until 21 February 1998. The court referred to the strong probability of the applicant’s guilt and to the high risk of his hindering the proper conduct of the proceedings. The court also emphasised that it was likely that the applicant, if released, would go into hiding.", "9. By a decision of 24 February 1998, the Łódź District Court prolonged the applicant’s detention on remand until 21 September 1998. The court considered that the reasons for which the detention had been ordered continued to exist. The decision was served on the applicant on 25 February 1998.", "10. The applicant appealed, claiming that keeping him in custody between 21 February 1998 and 24 February 1998 had been unlawful since there had been no valid judicial decision authorising his detention.", "11. On 25 March 1998 the Łódź Regional Court (Sąd Okręgowy) dismissed the applicant’s appeal as unsubstantiated. However, the court altered the decision of 24 February 1998 and prolonged the applicant’s detention on remand until 30 June 1998, finding that the case had not been complex and that the evidence against the applicant pointed to his guilt.", "12. In a letter of 28 April 1998, the Łódź District Court admitted its mistake and confirmed that there had been no valid judicial decision authorising the applicant’s detention on remand between 21 February 1998 and 24 February 1998. It added that this period would be deducted from any sentence of imprisonment eventually imposed on the applicant.", "13. On 5 June 1998 the Łódź District Court convicted the applicant as charged and sentenced him to 3 years’ imprisonment." ]	[ 2 ]
[ "4. The applicant was born in 1940 and lives in Köln, Germany.", "5. On 14 October 1993 the applicant lodged an application with the Warsaw Śródmieście Municipality (Urząd Gminy Warszawa Śródmieście). He asked for the right to the grant of so-called “temporary ownership” of the property (a plot of land and a house).", "6. On 18 August 1995 the Warsaw Śródmieście Municipality referred the application to the Warsaw Municipality (Urząd Gminy Warszawa Centrum).", "7. On 13 November 1995 the applicant complained to the Self-Government Board of Appeal (Samorządowe Kolegium Odwoławcze) that the Mayor of Warsaw (Prezydent Warszawy) had failed to handle his case within the prescribed time-limit.", "8. On 28 December 1995 the Board of Appeal ordered the Mayor to deal with the applicant’s application within a month.", "9. On 29 March 1996 the Mayor stayed the proceedings.", "10. The Board of Appeal quashed that decision on 17 March 1997.", "11. On 20 August 1998 the applicant complained to the Self-Government Board of Appeal about inactivity on the part of the Mayor of Warsaw.", "12. On 17 September 1998 the Mayor issued a decision. He refused to grant the applicant the right he sought. In consequence, the applicant withdrew his complaint of 20 August 1998.", "13. On 20 April 1999 the Board of Appeal quashed the Mayor’s decision and remitted the case.", "14. The Mayor upheld his original decision on 30 November 1999.", "15. On the same day the applicant appealed to the Board of Appeal.", "16. The Board of Appeal quashed the Mayor’s decision on 7 June 2000.", "17. On 8 January 2002 the applicant complained to the Self-Government Board of Appeal that the Mayor had failed to handle his case within the prescribed time-limit.", "18. On 10 June 2002 the Board ordered the Mayor to deal with the case by 30 June 2002.", "19. On 24 September 2003 the Mayor of Warsaw refused to grant the applicant temporary ownership of the property.", "20. The Self-Government Board of Appeal quashed that decision and remitted the case on 29 April 2004.", "21. The proceedings are still pending.", "22. Article 35 of the Code of Administrative Procedure lays down time-limits ranging from 1 month to 2 months for dealing with a case pending before an administrative authority. If those time-limits have not been complied with, the authority must, under Article 36 of the Code, inform the parties of that fact, explain the reasons for the delay and fix a new time-limit. Pursuant to Article 37 § 1, if the case has not been dealt with within the time-limits referred to in Articles 35 and 36, a party to administrative proceedings may lodge a complaint to the higher authority, alleging inactivity. In cases where the allegations of inactivity are well-founded, the higher authority fixes a new term for examining the case and orders an inquiry in order to determine the reasons for the inactivity and to identify the persons responsible for the delay. If need be, the authority may order that measures be applied to prevent such delays in the future.", "23. Until 1 October 1995, under Article 216 of the Code of Administrative Procedure, a party to administrative proceedings could, at any time, lodge a complaint with the Supreme Administrative Court about the fact that an administrative authority had failed to issue a decision.", "24. On 1 October 1995, when the Law of 11 May 1995 on the Supreme Administrative Court (“the 1995 Act”) took effect, Article 216 of the Code of Administrative Procedure was repealed.", "25. Under section 17 of the 1995 Act the Supreme Administrative Court was competent to examine complaints about inactivity on the part of an authority obliged to issue an administrative decision.", "26. Section 26 of the Act provided:\n “When a complaint alleging inactivity on the part of an administrative authority is well-founded, the Supreme Administrative Court shall oblige that authority to issue a decision, or to perform a specific act, or to confirm, declare, or recognise a right or obligation provided for by law.”", "27. Pursuant to section 30 of the 1995 Act, the decision of the Supreme Administrative Court ordering an authority to put an end to its inactivity was legally binding on the authority concerned. If the authority did not comply with the decision, the court could, under section 31, impose a fine on it and could itself give a ruling on the right or obligation in question.", "28. The 1995 Act was repealed and replaced by the Law of 30 August 2002 on Proceedings before Administrative Courts (“the 2002 Act”) which entered into force on 1 January 2004. Section 3 § 2 of the 2002 Act contains provisions analogous to Section 17 of the 1995 Act. A party to administrative proceedings can lodge a complaint about inactivity on the part of an authority obliged to issue an administrative decision with an administrative court. Under section 149, if a complaint is well-founded, an administrative court shall oblige the authority concerned to issue a decision, or to perform a specific act, or to confirm, declare, or recognise a right or obligation provided for by law." ]	[ 3 ]
[ "5. The applicant was born in 1957 and lives in Kocaeli.", "6. On 14 December 1995 the Kocaeli Provincial Private Administration Office (Kocaeli İl Özel İdare Müdürlüğü) expropriated a plot of land belonging to the applicant. A committee of experts assessed the value of the plot of land and the relevant amount was paid to him on 22 November 1996.", "7. On 22 October 1996 the applicant filed an action for compensation with the Gebze Civil Court of First Instance.", "8. On 20 February 1998 the first-instance court ordered the administration to pay the applicant 4,619,997,360 Turkish liras (TRL) plus interest at the statutory rate, running from 22 November 1996, the date on which the ownership of the property was transferred to the administration.", "9. On 22 September 1998 the Court of Cassation upheld the decision of the first-instance court.", "10. On 15 December 1998 the Court of Cassation rejected the applicant’s request for the rectification of its decision.", "11. On 29 July 1999 the Kocaeli Provincial Private Administration paid the applicant the amount due together with interest." ]	[ 9 ]
[ "14. The applicant was born in 1973 and has lived in Vienna since 1999, when she left Istanbul to pursue her medical studies at the Faculty of Medicine at Vienna University. She comes from a traditional family of practising Muslims and considers it her religious duty to wear the Islamic headscarf.", "15. On 26 August 1997 the applicant, then in her fifth year at the Faculty of Medicine at Bursa University, enrolled at the Cerrahpaşa Faculty of Medicine at Istanbul University. She says she wore the Islamic headscarf during the four years she spent studying medicine at the University of Bursa and continued to do so until February 1998.", "16. On 23 February 1998 the Vice-Chancellor of Istanbul University issued a circular, the relevant part of which provides:\n“By virtue of the Constitution, the law and regulations, and in accordance with the case-law of the Supreme Administrative Court and the European Commission of Human Rights and the resolutions adopted by the university administrative boards, students whose ‘heads are covered’ (who wear the Islamic headscarf) and students (including overseas students) with beards must not be admitted to lectures, courses or tutorials. Consequently, the name and number of any student with a beard or wearing the Islamic headscarf must not be added to the lists of registered students. However, students who insist on attending tutorials and entering lecture theatres although their names and numbers are not on the lists must be advised of the position and, should they refuse to leave, their names and numbers must be taken and they must be informed that they are not entitled to attend lectures. If they refuse to leave the lecture theatre, the teacher shall record the incident in a report explaining why it was not possible to give the lecture and shall bring the incident to the attention of the university authorities as a matter of urgency so that disciplinary measures can be taken.”", "17. On 12 March 1998, in accordance with the aforementioned circular, the applicant was denied access by invigilators to a written examination on oncology because she was wearing the Islamic headscarf. On 20 March 1998 the secretariat of the chair of orthopaedic traumatology refused to allow her to enrol because she was wearing a headscarf. On 16 April 1998 she was refused admission to a neurology lecture and on 10 June 1998 to a written examination on public health, again for the same reason.", "18. On 29 July 1998 the applicant lodged an application for an order setting aside the circular of 23 February 1998. In her written pleadings, she submitted that the circular and its implementation had infringed her rights guaranteed by Articles 8, 9 and 14 of the Convention and Article 2 of Protocol No. 1, in that there was no statutory basis for the circular and the Vice-Chancellor’s Office had no regulatory power in that sphere.", "19. In a judgment of 19 March 1999, the Istanbul Administrative Court dismissed the application, holding that by virtue of section 13(b) of the Higher Education Act (Law no. 2547 – see paragraph 52 below) a university vice-chancellor, as the executive organ of the university, had power to regulate students’ dress for the purposes of maintaining order. That regulatory power had to be exercised in accordance with the relevant legislation and the judgments of the Constitutional Court and the Supreme Administrative Court. Referring to the settled case-law of those courts, the Administrative Court held that neither the regulations in issue, nor the measures taken against the applicant, could be considered illegal.", "20. On 19 April 2001 the Supreme Administrative Court dismissed an appeal on points of law by the applicant.", "21. In May 1998 disciplinary proceedings were brought against the applicant under paragraph 6 (a) of the Students Disciplinary Procedure Rules (see paragraph 50 below) as a result of her failure to comply with the rules on dress.", "22. On 26 May 1998, in view of the fact that the applicant had shown by her actions that she intended to continue wearing the headscarf to lectures and/or tutorials, the dean of the faculty declared that her attitude and failure to comply with the rules on dress were not befitting of a student. He therefore decided to issue her with a warning.", "23. On 15 February 1999 an unauthorised assembly gathered outside the deanery of the Cerrahpaşa Faculty of Medicine to protest against the rules on dress.", "24. On 26 February 1999 the dean of the faculty began disciplinary proceedings against various students, including the applicant, for joining the assembly. On 13 April 1999, after hearing her representations, he suspended her from the university for a semester pursuant to Article 9 (j) of the Students Disciplinary Procedure Rules (see paragraph 50 below).", "25. On 10 June 1999 the applicant lodged an application with the Istanbul Administrative Court for an order quashing the decision to suspend her. The application was dismissed on 30 November 1999 by the Istanbul Administrative Court on the ground that, in the light of the material in the case file and the settled case-law on the subject, the impugned measure could not be regarded as illegal.", "26. Following the entry into force of Law no. 4584 on 28 June 2000 (which provided for students to be given an amnesty in respect of penalties imposed for disciplinary offences and for any resulting disability to be annulled), the applicant was granted an amnesty releasing her from all the penalties that had been imposed on her and the resultant disabilities.", "27. On 28 September 2000 the Supreme Administrative Court held that Law no. 4584 made it unnecessary to examine the merits of the applicant’s appeal on points of law against the judgment of 30 November 1999.", "28. In the meantime, on 16 September 1999, the applicant abandoned her studies in Turkey and enrolled at Vienna University, where she pursued her university education." ]	[ 5 ]
[ "9. The applicant was born in 1976 and lives in Barcelona.", "10. On 3 May 1997, the mother of A., a then ten-year old boy, filed a criminal complaint with the police alleging that on 1 May 1997 A. had been sexually assaulted by an unknown man at a playground. On the same day Mr Z., an officer of the Juvenile and Vice Police (jeugd- en zedenpolitie), took a statement from A., as well as from his mother.", "11. On 11 May 1997, the mother of B., a then six-year old boy, informed the police that on 10 May 1997 an unknown man had sexually assaulted B.", "12. On 12 May 1997, on the basis of descriptions given to the police by A. and B., the applicant was arrested in Amsterdam and detained on remand.", "13. On 13 May 1997, A. was confronted with the applicant through a two-way mirror and identified him as the man who had assaulted him. According to the record of this confrontation drawn up by Mrs X., an officer of the Juvenile and Vice Police, A. had slightly recoiled when he saw the applicant, saying “That is him”. A. was also shown a rucksack, which he identified as belonging to the applicant. A. further declared that a woman from the neighbourhood had spoken with the man and that she had told him that the man spoke Spanish.", "14. On the same day, Mrs E. – a maternal aunt of B. – gave a statement to the police in which she stated that on 10 May 1997, directly after having been told by her son W. that a man had touched the genitals of his cousin B., she had left her house in order to find this man, that she had found a man who matched the description given by her son and who was identified by B. and W. who had accompanied her, that he was sitting with some children and that this man had run away from her. One of these children, C., had told her that the man had stuck his hand into C.'s pants and that C. had then slapped the man's hand. When confronted with the applicant through a two-way mirror, she stated that she believed that he was the man whom she had seen on 10 May 1997. However, as he no longer had a beard and was looking neater and cleaner, she did not dare to say that she recognised him with 100%, rather with 80% certainty.", "15. Also on 13 May 1997, B.'s mother filed a criminal complaint with the police against the unknown man who had sexually assaulted her son. On the same day, Mrs Y., an officer of the Juvenile and Vice Police, took a statement from B. When subsequently confronted with the applicant through a two-way mirror, he identified the applicant as the man who had sexually assaulted him. B. was further shown a rucksack, which he identified as belonging to the applicant.", "16. On 13 May 1997, the mother of C., a then nine-year old boy, filed a criminal complaint with the police against an unknown man who had sexually assaulted her son on 10 May 1997. In his statement to the police officer Mrs Y., C. gave a description of the man. According to the record drawn up by Mrs Y., C. visibly reacted in fright when he was subsequently confronted with the applicant through a two-way mirror, identified him as the man who had sexually assaulted him and started crying. C. was further shown a rucksack, which he identified as belonging to the applicant. According to the police record drawn up on 14 May 1997, the description given by C. of the pants worn by the perpetrator corresponded to pants found in the applicant's possession.", "17. A statement was also taken from C.'s mother, who declared that her son had told her on 10 May 1997 that a man had touched his private parts.", "18. On 14 May 1997, the police took a statement of Mrs F. who was living on a houseboat near to a playground where, on 1 May 1997, she had seen, met and spoken with the applicant. When subsequently confronted with the applicant through a two-way mirror, she stated:\n“That is the boy with whom I have spoken. I am fully, 100 %, certain; no mistake is possible. I recognise the boy's face.”", "19. On 22 May 1997, the mother of D., a then eleven-year old boy, filed a criminal complaint with the police against an unknown man who had sexually assaulted her son D. earlier that month. On the same day, the police took a statement from D. in which he described how a man had touched his private parts, that this man had stopped this when he had started to scream, that he had then gone to his mother and told her what had happened, that later on the same day he had seen this man again, and that an angry woman had then approached this man who then ran away.", "20. On 2 June 1997, D. was confronted with the applicant through a two-way mirror. According to the record drawn up by Mrs Y., D. identified the applicant as the man who had sexually assaulted him.", "21. The applicant was subsequently summoned to appear before the Amsterdam Regional Court (arrondissementsrechtbank) on 2 July 1997 in order to stand trial on charges of sexual assault and acts of indecency with persons younger than sixteen.", "22. On 24 June 1997 the applicant's lawyer requested the public prosecutor to summon the four boys, Mrs E. and Mrs F. to appear before the Regional Court in order to be heard as witnesses, stating:\n“In his conversations with me, my client has repeatedly and with force indicated that he is innocent of the facts he has been charged with. Under these circumstances my client has the right and has an interest in being confronted in court with [these six] witnesses and to be given the opportunity to put (or have put) questions to them. My client and I have no objections to that hearing being held in camera.”\nThe public prosecutor rejected this request by letter of 13 June 1997, considering that it would be particularly difficult, given their young age, to hear the four boys. Moreover, the defence had failed to indicate in any way – apart from a mere denial of the facts by the applicant – on what grounds it doubted the reliability of the confrontations which had taken place and the statements which had been given at the investigation phase.", "23. At the hearing of 2 July 1997 before the Regional Court, the defence reiterated its request to hear the four boys, if appropriate in camera, as well as Mrs E. and Mrs F., stating:\n“My client denies wholeheartedly the charges against him. Therefore I wish to hear the victims [A., B., C. and D.] in court, as a mistake in identity is possible. It is very well possible that the four victims, under the stress that reigns at a police station, identified my client as the perpetrator because they have only been confronted with him. It is therefore in my client's interest to be confronted again [and] in court with the victims. ... Mrs F has only seen my client talking and has seen nothing punishable. Yet in the records she is presented as an important witness. I would therefore like to hear her, in particular about the impression my client made on her while he [roller]skated away. I finally wish to hear [Mrs E.] in court. Although she is an indirect witness, as she has no own knowledge of the perpetrator's physical features, she can contribute to exculpating my client. During the mirror-confrontation she has not recognised my client for the full hundred percent as the person she had seen.”", "24. The prosecution opposed the request to hear the four boys, but not the request to hear the other two witnesses.", "25. Having deliberated, the Regional Court rejected the request to hear the four victims, holding:\n“A one-to-one identification through a two-way mirror (enkelvoudige spiegelconfrontatie) has taken place at the police station, the value of which is now challenged by the defence. Now counsel asks for a new one-to-one confrontation (enkelvoudige confrontatie) in court between the victims and the accused. On this point, the court considers that such a confrontation between the witnesses and the accused cannot change or add anything to the confrontations that have taken place previously.”", "26. The Regional Court granted the request of the defence to hear Mrs E. and Mrs F. In order to allow the prosecution to comply with a request from Interpol to provide the latter with a photograph of the applicant as well as his fingerprints so as to compare these with materials held by the Spanish police, the Regional Court adjourned its further examination of the case for a maximum period of three months.", "27. The Regional Court resumed its examination on 20 August 1997. The applicant was present. The Regional Court noted that the following items had been added to the applicant's case file: photographs of the applicant taken by the Spanish police, a fax message dated 14 July 1997 from Interpol Madrid concerning pending preliminary judicial investigations against the applicant in Barcelona in respect of, inter alia, exhibitionism and the sexual provocation of minors, and a formal record dated 19 August 1997 of the forensic bureau of the Amsterdam-Amstelland police, according to which the applicant's fingerprints matched those taken from him by the police in Barcelona on 31 May 1995.", "28. The applicant accepted that he was the man in the police photographs, and confirmed that the Spanish police had taken his fingerprints on 31 May 1995. He further confirmed that, on 12 December 1995 in Tarragona (Spain), he had been convicted for the sexual assault of minors and sentenced to six months' imprisonment. He further denied the facts with which he had been charged in the Netherlands.", "29. Upon the request of the defence, the Regional Court then heard Mrs E. and Mrs F. Although both witnesses identified the applicant as the man they had seen at the material time, the applicant denied ever having seen the two women.", "30. After having heard the parties' final pleadings, the Regional Court closed the trial proceedings and set a date for judgment.", "31. In its judgment of 3 September 1997, the Regional Court convicted the applicant of sexual assault and of acts of indecency with persons younger than sixteen and sentenced him to twenty months' imprisonment. The applicant filed an appeal with the Amsterdam Court of Appeal (gerechtshof).", "32. On 26 January 1998, a hearing was held before the Court of Appeal in the course of which the applicant made both oral and written submissions in which, inter alia, he denied the charges against him and challenged the reliability of his confrontation with the various witnesses and the credibility and reliability of the latter's statements. The Court of Appeal further took note of a request filed by the defence to refer the case back to the investigating judge (rechter-commissaris) in order to hear the four boys as witnesses and for an identification of the applicant by putting a selection of photographs of different persons to the witnesses (meervoudige / keuze-foto-confrontatie). In this connection, the lawyer acting for A. and his mother submitted that A. had been quite shocked by the events, that he no longer did certain things alone, asking to be accompanied, and that it was very difficult for him to come to terms with what had happened to him.", "33. The applicant also submitted written pleadings prepared by himself in Spanish in which, inter alia, he challenged the reliability of his confrontation with the various witnesses and the latter's statements, and in which he stated that a second confrontation in the form of an identity parade would be pointless as the victims had already seen and identified him as the perpetrator in the course of a one-to-one identification through a two-way mirror. The President of the Court of Appeal ordered that this document be translated into Dutch and be added to the applicant's case-file.", "34. After having heard the parties' pleadings, the Court of Appeal closed the trial proceedings, stated that it would determine the requests made by the defence in its judgment and set a date for judgment.", "35. In its interim judgment of 9 February 1998, the Court of Appeal stated that it had appeared during its deliberations that its investigation was incomplete. It found it necessary, therefore, to take evidence from the police officers X., Y. and Z. in relation to the manner in which the victims had been questioned and confronted with the applicant. To this end, it fixed a hearing for 16 April 1998. It further ordered that the applicant was to be released from pre-trial detention on 10 February 1998.", "36. On 16 April 1998, the Court of Appeal reopened the trial proceedings. The applicant, who had been released in the meantime, did not appear. His lawyer, who was present, informed the Court of Appeal that the applicant was being detained in Spain, and that he had instructed his lawyer by telephone to request the Court of Appeal to proceed with the trial proceedings in his absence.", "37. The Court of Appeal heard the police officers X., Y. and Z. After having heard the parties' final submissions, the Court of Appeal closed the proceedings and set a date for judgment.", "38. In its judgment of 27 April 1998, the Court of Appeal quashed the Regional Court's judgment of 3 September 1997, convicted the applicant of sexual assault and acts of indecency involving persons under sixteen years of age and sentenced him to fifteen months' imprisonment of which five months suspended pending a two years' probationary period, and less the time spent in pre-trial detention. It also ordered the applicant to pay A., who had joined the criminal proceedings as a civil injured party (benadeelde partij) and who had filed a claim for compensation, an amount of 500 Netherlands Guilders (“NLG”; i.e. 226.89 euros; “EUR”) for non-pecuniary damage.", "39. It based the applicant's conviction on a statement he had made before the Court of Appeal, the criminal complaints filed containing a description of the perpetrator given by the four victims, the statements made by the four victims to the police, the record of the two police officers who arrested the applicant and considered that the applicant corresponded to the description of the perpetrator, the records on the mirror-confrontations between the applicant and the four victims, and the statements given by Mrs E. and by Mrs F.", "40. As regards the evidence the Court of Appeal held, in so far as relevant, as follows:\n“2. ... during the hearing of 26 January 1998 ... the accused requested to be allowed, relying on [the Convention] to question the four minor children. 3. In its interim judgment of 9 February 1998, the court [of appeal] has lifted the pre-trial detention of the accused. It also reopened the trial proceedings, which had been closed on 26 January 1998, in order to hear the reporting police officers [X., Y. and Z.] on the manner in which the minor children had been questioned and the manner in which the confrontations had been conducted. These reporting police officers were heard as witnesses during the hearing of 16 April 1998. The accused did not appear at this hearing. His lawyer has indicated that he had had a contact by telephone with his client who was in Barcelona. [The applicant] had told [his lawyer] that he did not object to the further continuation of the trial proceedings in his case in his absence. 4. It follows from the above that the court, in its interim judgment of 9 February 1998, has not as yet granted the accused's request to hear the four minor children. The court heard the above-cited reporting police officers during the hearing of 16 April 1998 in order to obtain additional information about the manner in which the four children have been questioned and confronted with the accused. Also noting what has been stated by the reporting police officers [X., Y. and Z. at the hearing of 16 April 1998], the court considers that there is no necessity to hear the four children as witnesses. In so far as the request [to hear the four children] made by the defence is maintained – the applicant's lawyer having indicated at the hearing of 16 April 1998 that he did not wish to hear any further witnesses – the court rejects it. In balancing all interests involved, the court is of the opinion that the interests of the four still very young children in not being forced to relive a, for them, possibly very traumatic experience must be given priority over the interests of the suspect in hearing these children. 5. The court must now address the question whether the statements of the four children, having regard to the manner in which they have been questioned and confronted with the suspect, are sufficiently reliable to be used in evidence ... It must also be examined whether their statements may be used in evidence although the suspect has never been given the opportunity to question them. 6.1. In relation to the first question the court considers as follows: Although in general it is preferable for a witness to be given a choice between various options in a confrontation for identification purposes (meervoudige keuzeconfrontatie) instead of being confronted with only one person (enkelvoudige confrontatie), it cannot be said as a rule that the result of [the latter method] can only be used in evidence when it has appeared that the [former method] could not be used. There may be cause to exclude such a result when the manner in which a confrontation with only one person has taken place is incompatible with the fair conduct of proceedings or where the result finds insufficient support in other evidence. 6.2. Altogether six persons have been confronted with the suspect via a two-way mirror. Apart from the minor witnesses [A., B., C. and D.], adult witnesses [Mrs E. and Mrs F.] were involved here. A reading of the records of questioning and confrontation makes it clear that, in five of the six cases, a questioning in which the witness was asked to give a description of the suspect preceded the confrontation. ... Only in the case of Mrs E. this sequence was apparently different. In five of the six cases the most important procedural condition for obtaining reliable results in carrying out a confrontation has thus been complied with. In addition, it does not appear from the [police] records or from the reporting officers' oral evidence in court that these officers would have acted in a leading manner in the confrontations at issue. 6.3. The descriptions given by the six witnesses to the police show a high level of similarity. It transpires from the totality of the descriptions given that the person described was a young man, that he spoke another language than Dutch, had particular eyes, wore a cap and carried a (black-and-white) rucksack. The different witnesses each time mentioned three or more of these features ... In the [witnesses'] description of the suspect there are no points of contradiction. In the confrontation, five witnesses recognised the suspect on the basis of the features previously indicated by them. In their recognition of the suspect the witnesses demonstrated either as, in the case of Mrs E., little doubt, or a definite certainty. 6.4. On grounds of the above, the court does not doubt that the witnesses have wished to indicate the suspect as the person who has committed the facts [at issue] and that a mistake in identity cannot have arisen. The recognition by each separate witness each time finds support in the recognition by the five other witnesses. This entails that, from the point of view of reliability, the result of the confrontations carried out can be used in evidence. 6.5. Also noting the above the court finds no necessity to have an identification of the perpetrator by putting a selection of photographs of different persons to the witnesses (meervoudige fotoconfrontatie) carried out. The accused himself has – not incomprehensibly– indicated [during the appeal trial proceedings] that, after the mirror-confrontations already carried out, he did not consider this now useful anymore. In so far as the defence would maintain this request – the applicant's lawyer having indicated at the hearing of 19 April 1998 that he had no objection to the closure of the trial proceedings – the court rejects this request. 7.1. The remaining question is whether the statements of the four children can be used in evidence although the suspect has not had the opportunity to question them himself. The court's first consideration is the fact that Article 6 [of the Convention], particularly in the light of some recent [Strasbourg] decisions given on applications brought against the Netherlands, does not unconditionally oppose the use in evidence of statements given by witnesses whom a suspect has not been able to question. There is room for the balancing of interests. In its judgment of 26 March 1996 in the case of Doorson v. the Netherlands, the European Court [of Human Rights] considered in this respect that the principles of a fair trial also require that, in appropriate cases, the interests of the suspect in questioning [witnesses] are to be balanced against the interests of witnesses and victims in the adequate protection of their rights guaranteed by Article 8 [of the Convention]. In the opinion of the European Court, briefly summarised, in balancing these interests much weight must be given to the question whether the handicaps under which the defence labours on account of the inability to questioning a witness in an indirect manner are compensated, and whether a conviction is based either solely or to a decisive extent on the statement of this witness. In its report of 17 May 1995 [in the case of Finkensieper v. the Netherlands, no. 19525/92], the European Commission [of Human Rights] adopted an essentially similar opinion. 7.2. In the light of these decisions, the following can be said. As already found by the court, the interests of the four children in not being exposed to reliving a possibly traumatic experience weighs heavily. With that, as also already found by the court, stands the fact that the confrontations of these four witnesses with the suspect have been carried out with the required care, and that the results thereof, as already found earlier, are particularly reliable. As regards the acts themselves of which the suspect stands accused, the court finds it established that the four children have all been questioned by (or assisted by) investigation officers of the Amsterdam Juvenile and Vice Police Bureau with extensive experience in questioning very young persons. It has become plausible from the records drawn up by them and from the oral evidence given in court by these civil servants that the four children have been questioned in an open, careful and non-suggestive manner. What these children have stated, independently of each other, finds corroboration ... in what the other children have declared. In addition, important support for the veracity of their accounts is also to be found in the statements of the witnesses Mrs E. and Mrs F., witnesses whom the defence has been able to question at the hearing held before the Regional Court on 20 August 1997. It does not appear from the record of this hearing that their statements were challenged by the defence, only that the suspect did not recognise these witnesses. [The court further notes that] no request for their appearance in the proceedings on appeal has been made. Taking into account these circumstances as a whole, the court does not find a violation of the suspect's right to question witnesses in using as evidence ... the statements of the four children. 8. On the above grounds, the court is of the opinion – with the required cautiousness – that the statements of the children, as set out in the means of evidence, are reliable and credible and, furthermore, eligible to be used in evidence.”", "41. On 4 May 1998, the applicant's lawyer filed an appeal in cassation, which is limited to points of law and procedural conformity, with the Supreme Court (Hoge Raad).", "42. On 6 May 1999, the applicant's lawyer completed the applicant's appeal in cassation by submitting the grounds of the appeal, in which it was denied that the applicant had dropped his request to hear the four children. In this connection it was, inter alia, pointed out that, in its ruling of 27 April 1998, also the Court of Appeal had assumed that this request had not been withdrawn.", "43. On 25 June 1999, the applicant's lawyer further submitted a response to the advisory opinion of the Advocate General to the Supreme Court who, in that opinion, did not address the question whether or not the applicant had withdrawn or maintained his request to hear the four children but who did find that the reason given by the Court of Appeal for rejecting the applicant's request to hear the four children was insufficient in that it had failed to establish or consider whether and why an adapted manner of questioning was not possible. In this respect, the Advocate General referred to the possibility to question the witnesses in the absence of the accused, the latter being in another room where he could follow the questioning on a television screen and, from there, have questions put to the witnesses.", "44. In its judgment of 12 October 1999, the Supreme Court rejected the applicant's appeal, subject to the correction of a clerical oversight in the Court of Appeal's judgment of 27 April 1998. In so far as the applicant complained that the Court of Appeal had used in evidence the statements given by the four boys, although they had never been heard by a judge and/or in the presence of the defence, and despite a request thereto filed by the defence, the Supreme Court held that it was not necessarily contrary to Article 6 to use in evidence statements of such witnesses where such evidence was sufficiently supported by other evidence. Having regard to the manner in which the Court of Appeal had set out in its judgment, as regards each separate offence of which the applicant had been convicted, the evidence given by each of the boys and other pertinent evidence, the Supreme Court noted that the other evidence related each time to those parts of the boys' statements that were disputed by the applicant. The Supreme Court concluded that it was implicit in the Court of Appeal's findings that it had found the supporting evidence to be sufficient and that this finding, in itself not incomprehensible, could not be examined further in cassation proceedings.", "45. The Supreme Court also rejected the applicant's argument that the Court of Appeal had unjustly found that it was not necessary to hear the four minors as witnesses. It did not deal with the question whether or not the applicant had withdrawn or maintained his request to hear the four children. As regards the reasons given by the Court of Appeal for not acceding to this request, the Supreme Court held:\n“In rejecting the request to hear the four minors as witnesses, the Court of Appeal ... has applied the correct standard. Nor is this decision [of the Court of Appeal] incomprehensible, since it follows logically from the establishment of the interest of the four still very young children in not being forced to relive a, for them, possibly very traumatic experience, that every confrontation with these experiences in pursuit of the criminal investigation, however organised, must be avoided.”" ]	[ 3 ]
[ "4. The applicant was born in 1940 and lives in Zagreb.", "5. On 28 May 1990 a certain D.I. (“the plaintiff”) brought a civil action against the applicant in the Zagreb Municipal Court (Općinski sud u Zagrebu) seeking the conclusion of a sale contract by which the applicant was to sell her flat to the plaintiff.", "6. On 6 November 1990 the applicant filed her response and a counter-claim alleging that the plaintiff did not pay her the full price for the flat.", "7. In November 1990 the plaintiff requested that the case be joined to another case pending between the same parties. In November 1991, July and November 1992 the applicant requested the court to schedule a hearing. In May 1994 the applicant objected to the plaintiff’s request to have the two cases joined.", "8. The court held hearings on 21 November 1990, 14 February, 8 April and 22 November 1994 and 7 March 1995.", "9. By a judgment of 7 March 1995 the Municipal Court accepted the plaintiff’s claim and dismissed the applicant’s counter-claim. On 23 October 1996 the applicant appealed.", "10. On 9 June 1998 the Zagreb County Court (Županijski sud u Zagrebu) accepted the applicant’s appeal and remitted the case.", "11. In the resumed proceedings, the Municipal Court held a hearing on 19 July 1999. On that date it decided to close the main hearing.", "12. On 15 October 1999 the applicant requested the court to reopen the main hearing and obtain an opinion from a financial expert. On 10 November 1999 the court accepted the applicant’s request.", "13. On 21 January 2000 the court heard witnesses and requested the applicant to advance the costs of the expert. On 26 January 2000 the applicant did so.", "14. On 2 February 2000 the court appointed an expert. On 19 May 2000 the expert submitted his report to the court which then forwarded it to the applicant, who received it on 28 August 2000.", "15. On 11 October 2000 the Municipal Court closed the main hearing.", "16. By a judgment of 11 October 2000 the court again accepted the plaintiff’s claim and declared inadmissible the applicant’s counter-claim. The judgment was served on the applicant on 2 July 2001.", "17. The plaintiff and the applicant appealed on 10 July and 12 July 2001, respectively. In her appeal, the applicant also applied to be exempted from the court fees. The appeals were forwarded to the County Court, which received them on 8 February 2002.", "18. On 15 October 2002 the Zagreb County Court, without deciding on the admissibility or merits of the appeals, returned the case-file to the Municipal Court. It instructed the latter to decide on the applicant’s application for exemption from the court fees and the plaintiff’s ‘appeal’ which, in fact, constituted an application for a rectification of the judgment.", "19. On 14 September 2004 the Zagreb County Court accepted the appeals, quashed the Municipal Court’s judgment of 11 October 2000 and remitted the case.", "20. In the resumed proceedings, the Municipal Court scheduled a hearing for 8 March 2005. It appears that the proceedings are still pending before the first-instance court.", "21. Meanwhile, on 9 May 2002 the applicant lodged a constitutional complaint about the length of the proceedings. On 14 November 2002 the Constitutional Court dismissed her complaint on its merits. It examined the length of the proceedings in respect of their part following the Convention’s entry into force with respect to Croatia. The Constitutional Court found that the case was complex since it had already been remitted once and because the Municipal Court needed to obtain an expert’s opinion. It also found that the applicant contributed to the length of the proceedings in that until May 1994 she had not objected to the plaintiff’s proposal of November 1990 to have that case joined to another one. Only then did she argue that the second proceedings were irrelevant." ]	[ 3 ]
[ "8. The applicant is a farmer and lives in Langenegg.", "9. On 16 August 1988 the applicant requested permissions under the Water Act (Wasserrechtsgesetz) and the Landscape Protection Act (Landschaftsschutzgesetz) which were necessary for putting a culvert through a drain on agricultural land owned by him.", "10. Thereupon, on 14 September 1988 the Bregenz District Administrative Authority (Bezirkshauptmannschaft) conducted an oral hearing on the applicant’s requests and inspected his land.", "11. On 21 June 1990 the District Administrative Authority refused the requested permissions. The applicant appealed.", "12. On 12 December 1990 the Vorarlberg Regional Governor (Landeshauptmann) granted the requested permission under the Water Act.", "13. The Vorarlberg Regional Government (Landesregierung), on 2 April 1991, dismissed the applicant’s appeal insofar as it concerned the request for permission under the Landscape Protection Act.", "14. On 28 May 1991 the applicant filed a complaint with the Administrative Court (Verwaltungsgerichtshof) against the Regional Government’s decision.", "15. The Administrative Court quashed the Regional Government’s decision on the ground of procedural deficiencies on 6 May 1996 and remitted the case to the latter. It found that the authorities had failed to obtain detailed information concerning nature conservancy issues which were raised by the applicant’s project.", "16. On 16 January 1997 the Regional Government invited the applicant to comment on the additional expert opinion on nature conservancy issues of the expert A. On 31 January 1997 the applicant submitted his comments, following which A. amended the expert opinion on 5 May 1997.", "17. Subsequently, on 26 May 1997, the applicant lodged an application with the Administrative Court against the administrative authorities’ failure to decide (Säumnisbeschwerde).", "18. On 10 July 1997 the Administrative Court ordered the Regional Government to issue a decision within three months. Subsequently, the Regional Government appointed an expert on agriculture and forestry issues, who, after inspecting the applicant’s land on 19 August 1997, delivered his opinion on 22 August 1997.", "19. On 4 November 1998 the Administrative Court requested the Regional Government to order expert A. to submit an additional expert opinion on nature conservancy issues, which A. delivered on 12 January 1999.", "20. Subsequently, on 25 January 1999, the Regional Government invited the applicant to submit comments on the expert opinions on nature conservancy issues and on agriculture and forestry issues within two weeks.", "21. On 24 February 1999 the applicant submitted comments on these opinions and requested an oral hearing. He also requested that the experts be summoned to the hearing and that the land be inspected by the court. He stressed that the project would improve the productivity of the agricultural land and that therefore public interest existed in the realisation of his project as required under the applicable law. He also challenged the expert A. for bias as he had already delivered an opinion upon a request by the Regional Government and that his independence was doubtful as he was a civil servant bound by instructions.", "22. On 6 July 1999 the Administrative Court dismissed the applicant’s appeal against the District Authority’s decision of 21 June 1990 concerning the request for permission under the Landscape Protection Act. It found that the competence to decide on the merits had passed over to it as the Regional Government had failed to decide within the three-month time-limit set.", "23. Further it found, in view of the expert opinions, that the applicant’s project interfered with the objects of the Landscape Protection Act as it would spoil the character of the landscape and that there existed no public interest which would justify the measure. Moreover, the applicant had not disproved the expert’s conclusion.", "24. As regards the alleged bias of A., it found that the mere fact that the expert had already delivered an opinion at an earlier stage of the proceedings and that he was a civil servant was not in itself sufficient to raise doubts as to his independence and impartiality and that the applicant had failed to put forward any specific argument to cast doubt upon A.’s independence or impartiality.", "25. Finally, the court held that it could abstain from an oral hearing and an inspection of the applicant’s land since the proceedings had been carried out correctly and the facts, insofar as relevant in view of the applicable law, were undisputed. This decision was served on the applicant’s counsel on 12 August 1999." ]	[ 3 ]
[ "9. The applicant was born in 1971. When lodging his application, he was detained in Oldenburg, Germany. He is presently living in Hamburg, Germany.", "10. On 6 July 1996 the applicant was arrested in Wilhelmshaven. On 7 July 1996 the Wilhelmshaven District Court issued a warrant of arrest against the applicant on the ground that there was a strong suspicion that he had committed five counts of robbery and one count of robbery in connection with attempted murder.", "11. On 4 November 1996 the Oldenburg Public Prosecutor’s Office charged the applicant with attempted murder, aggravated robbery causing physical injury, and an offence under the Federal Weapons Act.", "12. On 6 December 1996 the Oldenburg Regional Court dismissed the applicant’s motion to have Mr B. appointed as defence counsel.", "13. On 8 January 1997 the Oldenburg Court of Appeal ordered that the applicant’s detention on remand be continued on the grounds that the strong suspicion that he had committed the crimes he was accused of persisted and that he was likely to abscond if released.", "14. On 14 January 1997 the Oldenburg Court of Appeal dismissed the applicant’s appeal against the Regional Court’s decision of 6 December 1996.", "15. On 18 February 1997 the Oldenburg Regional Court admitted the indictment without modifications and decided to open the trial against the applicant and two other accused. The trial started on 14 March 1997.", "16. On 25 June and 26 September 1997 the Oldenburg Regional Court confirmed the arrest warrant of 7 July 1996. On 29 December 1997 the Oldenburg Regional Court dismissed the applicant’s request to suspend the arrest warrant of 7 July 1996.", "17. On 22 May 1998, after the trial had taken place on fifty-five days with an average duration of ninety minutes, a lay assessor fell ill. As the designated substitute lay assessor had withdrawn previously, also due to illness, the trial had to begin anew.", "18. On 28 May 1998 the Oldenburg Regional Court upheld the arrest warrant. It found that irrespective of the delays occasioned by the assessors’ illness, the applicant’s continued detention was proportionate given the serious nature of the crimes he was charged with.", "19. On 2 June 1998 the trial was reopened with two substitute lay assessors.", "20. On 22 June 1998 the Oldenburg Court of Appeal rejected the applicant’s appeal against the Oldenburg Regional Court’s decision of 28 May 1998 upholding the arrest warrant.", "21. On 1 February 1999, the applicant alleged for the first time that he had been in Tetovo, in Macedonia, at the time of the offence.", "22. On 10 February 1999 the Oldenburg Regional Court dismissed the applicant’s request to suspend the execution of the arrest warrant. It decided that investigations in Macedonia with regard to the applicant’s alibi be conducted by way of letters rogatory.", "23. On 25 February 1999 the Oldenburg Regional Court, following the applicant’s appeal, refused to change its decision of 10 February 1999 (Nichtabhilfe der Beschwerde) and forwarded the appeal to the Oldenburg Court of Appeal. According to the Regional Court, the applicant’s continued detention on remand was not disproportionate. It reasoned that, if the applicant were convicted, his sentence would exceed the length of the detention on remand so far, due to the serious nature of the crimes and the damages and injuries suffered by the victim. As to the length of the proceedings, the Regional Court noted that there had been debates on whether to disjoin the applicant’s case from the proceedings against his co-accused, but the applicant had not seemed interested in speeding up the proceedings.", "24. On 28 June 1999 the Oldenburg Regional Court again dismissed the applicant’s request to suspend the execution of the arrest warrant. On 12 July 1999 the Oldenburg Regional Court, following the applicant’s appeal, confirmed its decision of 28 June 1999.", "25. On 23 July 1999 the Oldenburg Court of Appeal dismissed the applicant’s further appeal and confirmed the Regional Court’s decision of 28 June 1999.", "26. On 10 September 1999 the Oldenburg Regional Court rejected the applicant’s request to dismiss his court-appointed defence counsel from office, as there was no appearance that the said counsel had not fulfilled his duties. It also found that the loss of trust alleged by the applicant and his counsel had not been substantiated.", "27. On 17 September 1999 the Oldenburg Regional Court was informed by the Public Prosecutor’s Office that the investigations in Macedonia with regard to the applicant’s alibi by way of letters rogatory had not been carried out. The applicant stated that he would adduce one hundred defence witnesses, two at each hearing.", "28. On 27 September 1999 the Oldenburg Regional Court rejected the applicant’s motion for bias.", "29. On 31 January 2000 one of the four alibi witnesses from Macedonia who had been summoned by the Oldenburg Regional Court through diplomatic channels following the alibi of 1 February 1999, appeared and testified in court.", "30. On 14 June 2000 the Oldenburg Regional Court dismissed the applicant’s request to suspend the execution of the arrest warrant. It found that, if released, the applicant very likely would abscond, given the circumstances of his arrest and the sentence which he risked incurring if found guilty as charged. The Regional Court noted that the applicant was residing illegally in Germany and that an expulsion order had been issued against him. It further observed that he had been about to abscond when he was arrested. Under these circumstances, the length of the applicant’s detention on remand was not disproportionate. The Regional Court included a detailed account of the trial, explaining the continued conduct of the proceedings, which disclosed that on several occasions witnesses could not be questioned by the court because they either did not come to the hearing or made use of their right not to testify. Furthermore, the applicant and his co-accused had, often later than necessary, filed numerous motions for evidence to be taken. It observed that at the present time, it was not possible to disjoin the applicant’s case from the cases of the other defendants, as they were accused of having committed the offences jointly.", "31. On 15 August 2000 the Oldenburg Court of Appeal rejected the applicant’s appeal against the decision of 14 June 2000. It found that the length of time spent in detention on remand alone did not justify releasing the applicant and that his continued detention was proportionate.", "32. On 26 September 2000 the Oldenburg Regional Court dismissed the applicant’s request to suspend the execution of the arrest warrant on the ground that contrary to his allegations, suspicion persisted that the applicant had committed the crimes he was accused of. It was still likely that he would abscond if released, given in particular the high prison sentence he risked incurring if found guilty according to the indictment.", "33. On 1 November 2000 the Oldenburg Regional Court refused to change its decision of 26 September and forwarded the applicant’s appeal to the Oldenburg Court of Appeal. It noted that the applicant had caused some of the procedural delays himself by knowingly delaying the naming of defence witnesses.", "34. On 16 November 2000 the Oldenburg Court of Appeal rejected the applicant’s appeal and confirmed the decision of 26 September 2000.", "35. On 13 December 2000 the applicant lodged a complaint against the decisions of the Oldenburg Regional Court of 26 September 2000 and of the Oldenburg Court of Appeal of 16 November 2000 with the Federal Constitutional Court. He argued that his continued detention on remand, given, inter alia, the excessive duration of the trial before the Oldenburg Regional Court, was unconstitutional.", "36. On 28 December 2000 the Oldenburg Regional Court had been informed that another twenty-three defence witnesses from Macedonia refused to appear in court. The translated protocols of their hearing, which had been conducted by way of letters rogatory by judges in Macedonia, were read out in court.", "37. On 11 January 2001 the Federal Constitutional Court refused to admit the applicant’s constitutional complaint of 13 December 2000.", "38. On 20 March 2001 the Oldenburg Regional Court pronounced its judgment after having held an average of less than four hearings per month with an average duration of less than two and a half hours each. It convicted the applicant of aggravated robbery and dangerous bodily injury and acquitted him of attempted murder. It found that the applicant and his co-accused Cevizovic, who had both been masked and had been carrying weapons, had broken into L.’s house and had robbed L. by use of force. It sentenced the applicant to eight years’ imprisonment. In fixing the length of the sentence, the Regional Court took into consideration as a mitigating factor the inordinate length of his detention on remand and of the criminal proceedings. It refered in particular to the delay occasioned by the sickness of the lay assessors and the ensuing suspension of proceedings, and stated that this delay was not imputable to the applicant.", "39. On 22 March 2001 the applicant lodged an appeal on points of law against the Oldenburg Regional Court’s judgment.", "40. On 13 July 2001 the Oldenburg Regional Court dismissed the applicant’s request to suspend the execution of the arrest warrant. It argued that the applicant had been sentenced to eight years’ imprisonment and that his detention on remand was not yet disproportionate as he had not yet served two thirds of his prison sentence.", "41. On 7 August 2001 the Oldenburg Court of Appeal dismissed the applicant’s appeal against the Regional Court’s decision of 13 July 2001. It found that the danger that the applicant might abscond if released still persisted.", "42. On 17 August 2001 the applicant lodged another complaint with the Federal Constitutional Court. He complained that the Oldenburg Regional Court, in its decision of 13 July 2001, and the Oldenburg Court of Appeal, in its decision of 7 August 2001, had refused to suspend the execution of the arrest warrant. In particular, the said courts had not taken the length of his detention on remand and of the criminal proceedings adequately into consideration.", "43. On 10 September 2001 the Federal Constitutional Court refused to admit the applicant’s constitutional complaint.", "44. On 12 September 2001 the reasoned judgment of the Oldenburg Regional Court, comprising 201 pages, was deposited with its registry.", "45. On 6 November 2001 the Oldenburg Regional Court decided to suspend the execution of the arrest warrant against the applicant. On 7 November 2001 the applicant was released from prison.", "46. On 8 November 2001 the applicant substantiated his appeal on points of law. He argued, inter alia, that in its decision, the Regional Court had not taken the length of the criminal proceedings adequately into account and had not specified the effects of this length on the sentence.", "47. On 17 April 2002 the Public Prosecutor’s Office filed its observations on the applicant’s appeal with the Regional Court. On 13 August 2002 the Public Prosecutor’s Office sent the case-files to the Federal Public Prosecutor.", "48. On 27 November 2002 the Federal Public Prosecutor sent the case-files and his own motions concerning the applicant’s appeal to the Federal Court of Justice.", "49. On 11 September 2003 the Federal Court of Justice, after a hearing, partly quashed the judgment of the Oldenburg Regional Court in respect of the applicant’s sentence and remitted the case to a different chamber of the Oldenburg Regional Court.", "50. In the reasons of the judgment prepared on 22 October 2003, the Federal Court of Justice found that the duty to proceed expeditiously guaranteed by Article 6 § 1 of the Convention had been violated at least during the first half of the second trial by the Oldenburg Regional Court. It stated that the judges rehearing the case would have to assess in detail the reasons and exact length of these delays as well as further delays contrary to the rule of law which had occurred afterwards. They would then have to fix explicitly the sentence which would have been adequate without the delays in the proceedings and the actual sentence as mitigated because of these delays, thereby precisely assessing the amount of compensation granted.", "51. On 13 April 2004 the Oldenburg Regional Court quashed the arrest warrant against the applicant.", "52. On 16 August 2004 the Regional Court opened the new trial against the applicant. On 2 September 2004, after a total of four hearings, it sentenced the applicant to six years and six months’ imprisonment for the crimes of aggravated robbery and dangerous bodily injury he had already been finally convicted of. It suspended on probation the remainder of the applicant’s sentence which he had not yet served in detention on remand.", "53. In its reasons for fixing the said prison sentence, the Regional Court found that, having regard to all factors aggravating and mitigating the applicant’s guilt, it would have sentenced the applicant to nine years’ imprisonment if the proceedings had been terminated within a reasonable time. However, the applicant’s right under Article 6 § 1 of the Convention to a hearing within a reasonable time had been violated in the proceedings against him, which necessitated the reduction of his sentence.", "54. The Regional Court argued in particular that in the criminal proceedings as a whole there had been a total delay of three years and eleven months which was imputable to the judicial authorities. In particular, it was attributable to them that the initial trial before the Oldenburg Regional Court had to begin anew after some fourteen months, because a lay assessor had fallen ill.", "55. The Regional Court further found that in the second trial before the Oldenburg Regional Court, there had been a total delay of sixteen months and two weeks for which the judicial authorities were responsible. It listed in detail the exact periods in which the proceedings had not been conducted within a reasonable time in this respect. As the courts were understaffed, it had in fact not been possible to conduct the proceedings more expeditiously, but this was not the applicant’s fault. However, the applicant himself had also caused considerable delays in these proceedings. He had alleged for the first time only on 1 February 1999 that he had been in Macedonia at the time of the offence, and had subsequently named numerous defence witnesses resident in Macedonia in an attempt to establish his false alibi. The court found that the slow execution of the letters rogatory by the foreign authorities to verify the applicant’s alibi was also imputable to the German judicial authorities. Despite this, the applicant’s choice of the points in time and way of lodging motions for evidence to be taken had contributed significantly to the total duration of the proceedings.", "56. Furthermore, the Regional Court found that there had been a total delay of eleven months in the proceedings before the Federal Court of Justice which were imputable to the judicial authorities, notably the Public Prosecutor’s Office and the Federal Court of Justice itself.", "57. Finally, the Regional Court observed that there had been a delay of five months in the current retrial proceedings.", "58. The Regional Court further found that the delays caused during the second trial before the Oldenburg Regional Court, when the applicant had already been detained on remand for more than two years, were of a particular gravity. These delays also violated Article 5 § 3 of the Convention.", "59. The applicant subsequently lodged an appeal on points of law against the Oldenburg Regional Court’s judgment delivered on 2 September 2004.", "60. On 17 March 2005 the Federal Court of Justice dismissed the applicant’s appeal as ill-founded. It reasoned in particular that in the Regional Court’s findings concerning the specific delays in the proceedings there was merely a mistake for the benefit of the applicant. It argued that the illness of two lay assessors in the first trial before the Oldenburg Regional Court had caused an unavoidable interruption of the proceedings. The loss of time caused thereby could not be qualified as a delay within the meaning of Article 6 § 1 of the Convention. Apart from that, the Federal Court of Justice agreed with the periods of time determined by the Regional Court in which the applicant’s proceedings had not been conducted with the necessary diligence.", "61. As regards the delays caused by the retrial in the Oldenburg Regional Court after the remittal of the case, the Federal Court of Justice stressed that it had been correct merely to take into consideration the actual delays imputable to the judicial authorities. The right to lodge an appeal on points of law served to protect the applicant’s rights. The fact as such that the Regional Court’s judgment had partly been quashed on appeal did not, therefore, necessitate treating the whole duration of the retrial as a delay within the meaning of Article 6 of the Convention. Only in cases in which a lower court had made a significant error of law a different conclusion might be called for. However, even if the whole duration of the retrial before the Oldenburg Regional Court were to be treated as a delay imputable to the judicial authorities within the meaning of Article 6 of the Convention, the total reduction of the applicant’s sentence, having regard to the brutality of his crime, would be adequate.", "62. On 17 May 2005 (decision served on 22 May 2005) the Federal Court of Justice dismissed the applicant’s complaint that he had not been adequately heard as ill-founded.", "63. On 22 July 2005 the applicant lodged a complaint with the Federal Constitutional Court. He claimed that the length of his detention on remand and the length of the criminal proceedings against him had violated his rights guaranteed by the Basic Law. The proceedings are currently pending in the Federal Constitutional Court." ]	[ 2, 3 ]
[ "4. The applicant was born in 1930 and lives in Split.", "5. The applicant worked for the company K. (“the company”) for several years. By virtue of a 1985 court decision and the subsequent decision of the company in 1986, he was granted use of a privately owned flat. However, he was not able to move into the flat until 1 September 1989.", "6. On 15 December 1989 the applicant filed a civil action against the company and T.V. as the owner of the flat seeking damages for not having been able to move into the flat until 1989 and for having had to renovate it. Subsequently, T.V. filed a counterclaim seeking the applicant’s eviction from the flat and the payment of rent for the time he had spent in it.", "7. On 13 December 1995 the Split Municipal Court (Općinski sud u Splitu) dismissed both the applicant’s claim and T.V.’s counterclaim.", "8. On appeal, on 28 August 1998 the Split County Court (Županijski sud u Splitu) quashed the first-instance judgment and remitted the case in so far as it involved the payment of rent by the applicant. At the same time, the County Court upheld the remainder of the first-instance judgment in its part concerning the applicant’s claim and T.V.’s claim for the applicant’s eviction, which thereby became final. T.V. filed an appeal on points of law (revizija) against that part of the County Court’s decision. On 21 March 2001 the Supreme Court (Vrhovni sud Republike Hrvatske) declared his appeal inadmissible, because the value of the subject matter in dispute did not reach the threshold prescribed by law.", "9. In the resumed first-instance proceedings, the applicant withdrew his claim in respect of the company, but maintained in his action against T.V. During the proceedings, also T.V. changed his counterclaim on several occasions. Subsequently, on 1 July 2003 the Split Municipal Court again dismissed the applicant’s action, accepting T.V.’s counterclaim for payment of rent by the applicant.", "10. On 15 May 2003 the applicant appealed against that decision.", "11. On 19 May 2003 the applicant filed a constitutional complaint concerning the length of the proceedings.", "12. On 23 October 2003 the Constitutional Court (Ustavni sud Republike Hrvatske) dismissed the applicant’s complaint as ill-founded. It found that, at the time when the applicant had lodged his constitutional complaint, the proceedings before the Split County Court had been pending for only four days and that therefore, on the basis of the existing case-law of the Constitutional Court, the conditions set out in section 63 § 1 of the Constitutional Act were not fulfilled.", "13. On 4 February 2005 the Split County Court dismissed the applicant’s appeal and upheld the first-instance judgment in its part concerning the order to pay to T.V. the rent. At the same time, the second-instance court remitted the case in its part concerning the exact amount of the rent due." ]	[ 3 ]
[ "9. The applicant was born in 1940 and lives in Berlin.", "10. The applicant married G.S. in August 1984. Their daughter F. was born on 29 November 1984. In August 1989 G.S. moved out of the matrimonial home together with F. who has been living with her mother since then.", "11. On 6 December 1992 the applicant had his last contact with F. The mother subsequently denied the applicant any further contact.", "12. Three sets of court proceedings concerning the custody of F., the applicant’s right of access and the spouses’ divorce opened before the Charlottenburg District Court (later Tempelhof-Kreuzberg District Court), namely\n- no. 159 F 9531/89 concerning custody of F. pending the separation of the spouses and the applicant’s access to F,\n-no. 159 F 13061/89 concerning divorce, custody and the applicant’s access to F., and\n-no. 159 F 10373/92 concerning the enforcement of the applicant’s access to F.", "13. On 7 September 1989, in the context of proceedings before the Charlottenburg District Court concerning custody of F. during the period of separation (Getrenntleben) of the spouses, the question of the applicant’s right of access (Umgangsrecht) to F. was settled. According to the spouses’ agreement, the applicant was entitled to see his daughter once per week on a weekday and from Sunday until Monday morning every second week-end.", "14. Subsequently F.’s mother denied the applicant any contact with F. and the applicant asked the District Court for assistance in this matter.", "15. On 7 November 1989 Judge S. of the Charlottenburg District Court, having heard F. and her mother, informed the applicant that contacts between him and his daughter should take place regularly every second week-end and at Christmas. He noted that F. was on very good terms with her father. However, further contacts would worsen the very strained relations between the parents and were presently not in the child’s best interest. On 17 November 1989 G.S. declared that she no longer wished to comply with the settlement of 7 September 1989, as she had been terrorised by the applicant.", "16. On 2 January 1990 the District Court noted that G.S. had not complied with the terms of the friendly settlement of 7 September 1989. It observed that G.S. had failed to furnish evidence for her allegations that the applicant had threatened or sexually harassed G.S. or F. in several letters.", "17. On 25 April 1990 the District Court decided that during the period of separation of the spouses G.S. shall have custody of F.", "18. On 4 October 1990 the Berlin Court of Appeal, having regard to the parents’ statements made in court and a report of the Tempelhof District Youth Office, dismissed the applicant’s appeal against this decision.", "19. On 16 November 1989 the applicant filed a petition for divorce with the Charlottenburg District Court and requested to be granted custody of F. In the subsequent proceedings, both parties, that is, G.S. and the applicant, were assisted by counsel.", "20. On 13 March 1990 the Charlottenburg District Court, granting the applicant’s motion, issued an interim injunction. Judge S., sitting alone, ordered that the applicant had a right of access to F. once a week on a weekday and that F. should stay overnight from Sunday until Monday morning every second week. This order replaced the regulation of the applicant’s right of access by the friendly settlement agreement concluded on 7 September 1989. The court considered that contacts between the applicant and F., as provided for in the said agreement, were in the child’s best interest. For months, G.S. had, however, advanced factual or personal pretexts to prevent contacts. The court noted that it had heard the parties on the question of access on 8 March 1990.", "21. G.S. objected to the interim injunction.", "22. On 2 April 1990, at a hearing before the District Court, the parties arrived at a new settlement on the applicant’s access to F. which replaced the court order of 13 March 1990. According to this agreement, the applicant was entitled to spend every second week-end and certain fixed holidays with F. This arrangement was subsequently only partly observed by G.S., and the applicant asked for the enforcement of his right of access under the terms of the settlement.", "23. On 21 September 1990 the District Court dismissed one of the applicant’s motions to order G.S. to pay a coercive penalty, as G.S. had not deliberately failed to comply with the terms of the settlement dated 2 April 1990 on the relevant occasion. The applicant’s appeal was to no avail. On 17 December 1990 G.S. asked for the suspension of the applicant’s access to F. Apparently no decision has been rendered upon this motion.", "24. On 6 May 1991 the District Court, following a hearing in the presence of G.S. and the applicant, adjourned the proceedings concerning the parties’ divorce and related family matters, as the parties failed to reach an agreement concerning the custody of and the access to F.", "25. In August and September 1991 the applicant asked for the preparation of an psychological expert opinion concerning custody of and access to F., to which G.S. objected.", "26. The applicant’s first motion dated 20 September 1991 to challenge the single District Court Judge S. for bias, inter alia because the judge refused to order a psychologiacal expert opinion about the question of access, was dismissed by the Berlin Court of Appeal on 25 October 1991. The applicant’s second motion dated 14 November 1991 to challenge Judge S. for similar reasons was rejected on 23 December 1991.", "27. On 16 April 1992 the District Court dismissed the applicant’s request for an interim injunction granting him access to his child during the Easter holidays.", "28. On 25 May 1992 the District Court, following a hearing in which the parties persistently cursed at each other and at the judge, ordered the preparation of a psychological expert opinion regarding the child. The expert notably was to address the question whether the applicant’s access to F. should be broadened in order to secure permanent contacts between them.", "29. The court-appointed psychological expert L.L. rendered her report on 28 April 1993. According to the expert, it was in the child’s best interest to limit contacts with the applicant to four hours every fortnight or even to exclude the applicant’s access to F. for a year. She argued in particular that the applicant failed to realise his daughter’s increasing objections against close physical contacts with him. In her view, the applicant was out of touch with reality and showed signs of querulance and delusion; however, G.S. also tried to influence F. in her favour.", "30. On 18 December 1992 G.S. announced that she retracted her consent to the settlement on access dated 2 April 1990 and that she would no longer allow contacts between F. and the applicant, because F. no longer wished to meet the applicant.", "31. Meanwhile, in a letter dated 18 January 1993, Judge S., referring to all three sets of proceedings, informed the parties’ representatives that the files were out of control and that it was intended to deal with the parties’ numerous motions soon. Judge S. also announced that the enforcement of previous agreements and decisions would be secured.", "32. On 21 June 1993 the Charlottenburg District Court, with Judge S. sitting alone, held a further hearing on divorce, custody and related family matters. It notably heard the applicant and G.S., assisted by their respective counsel, on the question of the applicant’s contacts with F. G.S. refused to accept the court’s proposal of a friendly settlement regulating, inter alia, the applicant’s access to his daughter.", "33. On 26 July 1993 the applicant lodged a motion for an interim injunction granting him access to F. on one day every second week-end.", "34. Subsequently, the case, which had until then been processed by single Judge S., was assigned to Judge H., when S. fell ill and retired. H. subsequently explained that it was not necessary to render a decision upon the applicant’s motion for an interim injunction granting access, as the case was altogether ready for decision.", "35. On 3 and 20 September 1993 the applicant objected to the expert L.L. on grounds of bias. He argued that the expert had accused him of having sexually abused F.", "36. On 29 October 1993 the District Court dismissed the applicant’s motion objecting to the expert for bias as inadmissible. On 21 January 1994 the Berlin Court of Appeal dismissed the applicant’s appeal, finding that it had been lodged out of time.", "37. The hearing on 31 March 1994 was preceded by a questioning of the child in which F. had indicated that she did not want to meet her father. At the hearing, which was attended by the applicant, G.S. and their respective counsels, the applicant challenged Judge H. on grounds of bias. The hearing was adjourned because of this motion. The applicant withdrew his motion on 3 April 1994. His repeated further motions of 5 May 1994, because of which another hearing before the District Court had to be adjourned, and of 16, 18, 20 and 23 June 1994 were to no avail. In its respective decisions, the Berlin Court of Appeal found in particular that the delays in the proceedings had been caused by the applicant’s various motions challenging the District Court judge and the expert for bias. This had necessitated the adjournment of the proceedings before the District Court until the decision of the Court of Appeal.", "38. After the District Court had fixed another date for a hearing on 6 October 1994, the applicant filed further motions for bias against Judge H. on 25 September 1994 and on 23 and 27 October 1994. He argued, inter alia, that H. wanted to cover up G.S.’s ill-treatment of her son, had refused to consult another expert and that her treatment of the case was comparable to offences committed by a former official of the GDR, from which H. originated. On 4 November 1994 the Berlin Court of Appeal, having regard to Judge H.’s official statement in which she had disqualified herself following the applicant’s persistent allegations, decided that she was disqualified.", "39. In a hearing in camera before Judge R. of the Berlin Tempelhof-Kreuzberg District Court on 9 January 1995, F. indicated that she no longer wanted to visit her father. Confronted with her former positive statements about her father, she replied that she did not love him anymore and that she would not care if he died. She expressed the fear that her father might commit suicide and might kill her as well. She stated that she wanted to live together with her mother and that she felt happy with her mother, her mother’s new partner and her brothers. She emphasised that she would refuse to see her father even if the Court ordered her to do so. Half of her lifetime had been dominated by her parents’ quarrel, and she was sick of constantly having to appear in court because of this.", "40. In letters dated 6, 8 and 9 January 1995 the applicant challenged Judge R. for bias, inter alia because she had refused to order another expert report, and requested to adjourn the hearing. On 10 January 1995 the District Court, with Judge R. sitting alone, dismissed the applicant’s motions for bias against her as inadmissible, arguing that they had merely been lodged to protract the proceedings.", "41. At the hearing on 10 January 1995, at which the applicant and G.S. were present, Judge R. gave a copy of the minutes of F.’s hearing on the previous day to the applicant. The hearing then had to be adjourned following the applicant’s appeal against the decision on his motion for bias. In a statement of 12 January 1995, Judge R. declared that she was not biased but that she was convinced that a settlement with the applicant was impossible. The applicant then lodged two further motions challenging Judge R. for bias.", "42. On 14 February 1995 the Berlin Court of Appeal dismissed the applicant’s appeal against the District Court’s decision of 10 January 1995 and his further motions challenging R. On 29 March 1995 the Federal Court of Justice dismissed the applicant’s appeals against the decisions of the Berlin Court of Appeal of 4 November 1994 and 14 February 1995 as inadmissible, as no appeal lay against these decisions. In several further submissions to the District Court, the applicant again requested the court to order another expert report, arguing that his daughter had been indoctrinated by G.S., and again challenged Judge R. for bias.", "43. On 23 May 1995 the Berlin Tempelhof-Kreuzberg District Court, with Judge R. sitting alone, held a further hearing attended by the applicant, G.S. and their respective counsel. The court dismissed the applicant’s two motions challenging R. for bias as inadmissible, as they were merely aimed at preventing a decision. It noted that the applicant, who was awarded the opportunity to lodge motions and comment on G.S.’s motions, refused to make any statements at the hearing, but had set out his views in numerous detailed written submissions to the court. The applicant then requested to grant him custody of F. or at least an ample right of access.", "44. The District Court granted the divorce and awarded G.S. custody of F. and her half-brother, born in wedlock but stemming from the relationship between G.S. and her new partner. The applicant’s access to F. was suspended. In reaching its decision, the court had regard to the statements made by both parties at their hearings on 6 May 1991 and on 21 June 1993 before Judge S., as well as to the hearing of G.S. on 23 May 1995.", "45. As regards custody of F., the District Court noted that the applicant had not objected to G.S.’s motion to be granted custody. It considered that F., then aged ten, had shown close links to her mother and her new family. There was no indication of any danger to her further development if she remained with her mother. It was, therefore, not necessary to take into account outdated expert reports or to hear witnesses.", "46. As to the applicant’s right of access, the court deemed it necessary, in the interest of the child’s well-being, to prohibit any contacts with F. It noted that the persistent quarrel between her parents constituted a heavy burden on F. The child now attempted to cope with this conflict by suppressing her memory of meetings with her father and by seeking as much distance as possible from him. The court found that it could not ignore the determined wish of the child as expressed at the hearing of 9 January 1995. It was therefore obliged to suspend the applicant’s access to F. It argued that a child’s welfare was more important than a father’s right of access.", "47. The applicant’s further two motions challenging Judge R. for bias were to no avail.", "48. On 3 July 1995 the applicant lodged an appeal against the District Court’s judgment delivered on 23 May 1995 with the Berlin Court of Appeal. His requests on 31 October 1995 and 17 June 1996 for an interim injunction ordering access were, following hearings, dismissed on 24 November 1995 and 23 July 1996 respectively by the Berlin Court of Appeal. That court found that, given F.’s express resistance against meeting the applicant and the time which had elapsed since their last contact, a decision on the applicant’s access to F. necessitated further findings of fact, notably the report of a psychological expert.", "49. On 22 March 1996 the Berlin Court of Appeal ordered an expert report on the question if and to what extent contacts between the applicant and his daughter were in F.’s best interest. It appointed as expert T.S., a certified psychologist acting as expert for different family courts since 1987.", "50. On 4 March 1997 (decision served on 20 March 1997) the Berlin Court of Appeal, following an oral hearing on 7 February 1997 in the presence of the applicant, his counsel, G.S.’s counsel and the expert T.S., dismissed the applicant’s appeal.", "51. The Court of Appeal notably found that it was in F.’s best interest to exclude the applicant’s right of access pursuant to Section 1634 § 2, second sentence, of the Civil Code (see paragraph 63 below). In reaching this conclusion, the court relied on the report dated 30 December 1996, comprising fifty-six pages, and the oral hearing on 7 February 1997 of the psychological expert T.S. The expert had questioned and examined F. on five occasions and each of her parents on eight occasions respectively. Given the refusal of both F. and G.S. to meet the applicant in the presence of the expert, the latter had questioned them all separately. Having regard to the findings of this expert, the court noted that F., then aged twelve, had a negative attitude towards her father. The court, like the expert, considered that the negative attitude of the child towards the applicant might have partly been caused by the mother’s influence, though not to the extent believed by the applicant. The court noted that according to the expert, the parents’ ongoing quarrels had placed a great strain on the child. The court acceded to the findings of the expert that, in view of F.’s intensive resistance against any contact with her father, enforcing such contacts might cause her serious psychological harm. The court further found that the expert opinion on the question whether it was in F.’s best interest to have contacts with her father was exhaustive and conclusive. Accordingly, it had not been necessary to appoint a second expert or a psychiatric expert as requested by the applicant.", "52. The Court of Appeal further explained that it did not consider it suitable to limit in time the prohibition on access, as it could not be foreseen whether, if at all, F. might give up her resistance. Both parents were under an obligation to contribute to a change in her attitude. The main responsibility lay with F.’s mother, who would have to overcome her own negative feelings towards the applicant in order to influence F. and to improve her father’s image. If the applicant respected his daughter’s wish to keep distance for a longer period of time, there would be a possibility to resume contacts carefully at a later stage. The Court of Appeal, referring to Sections 50 a § 3, first sentence, and 50 b § 3, first sentence, of the Act on Non-Contentious Proceedings (see paragraphs 64-65 below) considered that it had not been required to hear F. and her mother personally.", "53. In a letter to the applicant dated 6 April 1997, the presiding judge of the Court of Appeal explained, inter alia, that G.S.’s allegations that F. had been sexually abused by the applicant had not been addressed in the court’s judgment as they had been irrelevant. Moreover, he informed the applicant that the court had refrained from hearing F. again pursuant to Section 50 b § 3, first sentence, of the Act on Non-Contentious Proceedings. Given the lengthy and embittered dispute, the court had not considered it justifiable to subject F. to the strains caused by yet another hearing, as she had repeatedly expressed her will in an unequivocal manner.", "54. On 17 February 1998 the Berlin Court of Appeal dismissed the applicant’s objection against the decision that the costs of the proceedings before the Regional Court of some 8,000 Deutschmarks, which notably comprised the expenses of the expert T.S., be borne by him. On 20 December 1999 the Berlin Court of Appeal dismissed the applicant’s objection against the decision that half of the costs for the expert report rendered by L.L. be borne by him. Several further objections and appeals concerning the costs of the proceedings, including a motion to challenge a judge of the Berlin Court of Appeal for bias, were to no avail.", "55. In the context of separate proceedings concerning the applicant’s request of 23 July 1992 for the enforcement of his right of access under the terms of the agreement of 2 April 1990, the District Court held a hearing on 9 November 1992, with Judge S. sitting alone. Following the hearing, the District Court stated that the parties had agreed that the applicant should have contact with F. on her birthday and on Christmas for three hours respectively, and on three days during the Christmas holidays.", "56. On 28 November 1992 the District Court, with Judge G. sitting alone, granted the applicant access to F. for three hours on her birthday by way of an interim injunction. G.S. subsequently withdrew her appeal against this injunction.", "57. On 11 March 1993 the District Court informed the parties that the request for enforcement of access had been settled at the hearing on 9 November 1992.", "58. The applicant repeated requests for enforcement measures and for an amendment of the decision on access. The mother suggested to join the proceedings no. 159 F 13061/89 and no. 159 F 10373/92. On 22 June 1993 the District Court informed the parties that all motions concerning access be processed in the context of the proceedings no. 159 F 13061/89.", "59. On 21 April 1997 the applicant, represented by counsel, lodged a complaint with the Federal Constitutional Court. Referring to the Court of Appeal’s decision of 4 March 1997 in the proceedings no. 159 F 13061/89, he complained in his two-page submissions that the suspension of access to his child violated his parental rights and was contrary to the child’s well-being. He complained that the expert appointed in the appeal proceedings had been misled by G.S. and that further expertise had been necessary. He also noted that G.S. had not appeared at the court hearing. In his view, he was blamed for his lengthy struggle to secure his right of access. Subsequently, upon query, the applicant filed a further document. On 11 May 1997 the applicant filed further submissions in support of his lawyer’s observations.", "60. On 15 September 1997 the Federal Constitutional Court refused to admit the applicant’s constitutional complaint.", "61. On 30 August 2000 the Federal Constitutional Court refused to admit the applicant’s constitutional complaint concerning his request for further information about his daughter, notably her current address. The said proceedings are the subject matter of the application no. 63309/00 before the Court. Moreover, on 16 July 2002 the Federal Constitutional Court refused to admit the applicant’s constitutional complaint concerning the rejection of his renewed request for access to F. In the course of these proceedings, the applicant met his daughter once in May 1999. The latter proceedings are the subject matter of the application no. 32299/02 before the Court.", "62. On 29 November 2002 F. attained the age of majority. The applicant had not been granted a right of access to her until then." ]	[]
[ "7. The applicant, Mr Victor Baibarac, was born in 1931 and lives in Edineţ.", "8. In 1949 the Soviet authorities nationalised the property owned by his parents and deported his family to Siberia.", "9. 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 Soviet repression to claim compensation for their nationalised property.", "10. In 2002 the applicant brought an action against the Local Treasury Department in respect of the latter’s refusal to pay him compensation.", "11. On 27 September 2002 the Edineţ District Court found in favour of the applicant and ordered the Local Treasury Department to pay him compensation of 40,000 Moldovan Lei (MDL) (the equivalent of 3,010 euros (EUR) at the time).", "12. The applicant obtained an enforcement warrant which the bailiff failed to enforce. On an unspecified date the applicant wrote to the Ministry of Justice, complaining about the non-enforcement of the judgment of 27 September 2002. In a letter of 7 May 2003, the Ministry of Justice assured the applicant that everything possible was being done to enforce the decision, but that the Local Treasury Department did not have any money in its account.", "13. On 20 February 2004, after the case had been communicated to the Government, the judgment was enforced. The applicant wrote a receipt addressed to the head of the Edineţ Department of Execution of Judgments in which he confirmed that he had received the money in accordance with the judgment of 27 September 2002 and that he had no more claims against the debtor and against the Department of the Execution of Judgments." ]	[ 3, 9 ]
[ "4. The applicant was born in 1956 and lives in Tvrdošín.", "5. On 27 June 1997 the applicant was dismissed from his job in a private company due to its restructuring. Subsequently the applicant brought proceedings against the company before the Dolný Kubín District Court in which he claimed arrears of salary. The Dolný Kubín District Court granted the applicant’s claim on 3 February 1998.", "6. On 31 May 1999 the Banská Bystrica Regional Court declared the defendant company bankrupt. On 28 July 1999 the applicant registered his claim against the debtor in the bankruptcy proceedings.", "7. On 13 December 1999 the administrator in bankruptcy asked to be replaced in that function due to serious health problems. On 21 January 2000 the Banská Bystrica Regional Court appointed a new administrator.", "8. On 19 October 2000 the Regional Court authorised the administrator to pay outstanding salary to the single remaining employee of the company in bankruptcy.", "9. On 6 December 2000 the administrator informed the Regional Court that the means of the company did not suffice to cover his expenses. On 26 January 2001 the Regional Court authorised the administrator to sell several obsolete objects of negligible value with a view to obtaining financial means.", "10. On 23 February 2001 a hearing was held before the Banská Bystrica Regional Court. The administrator submitted a report on the debtor company’s property and his activity. The report stated that it was doubtful whether any means could be obtained with a view to satisfying the creditors. At the hearing the court acknowledged that the applicant’s claim in respect of the debtor company was justified.", "11. On 19 November 2003 the administrator informed the court that he expected to submit his final report before 31 January 2004. Following the Regional Court’s inquiry of 29 September 2004, the administrator submitted the report on the company’s property on 1 September 2004. It indicated that the financial means obtained in the course of the bankruptcy proceedings did not suffice even to cover the costs and fees of the administrator.", "12. On 18 October 2004 the Regional Court quashed the declaration of bankruptcy as the debtor’s property was insufficient. The decision became final on 25 November 2004.", "13. In July 1997 the applicant started working in a different company. He was dismissed from his job, due to restructuring of the company, on 28 February 1998.", "14. In 1998 the applicant filed an action against the company claiming arrears of salary and a severance payment. On 26 August 1998 the company acknowledged the debt. On 9 September 1998 the Banská Bystrica District Court awarded the equivalent of approximately 750 euros plus default interest to the applicant. The judgment became final on 5 October 1998.", "15. On 15 December 1998 the applicant filed a motion with an executions officer and requested enforcement of the sum in issue. On 18 January 1999 the Banská Bystrica District Court appointed the executions officer to enforce the judgment.", "16. On 5 February 1999 the executions officer informed the debtor company that enforcement proceedings had been brought against it and that the sum due would be transferred to the applicant from the debtor’s bank account.", "17. On 26 April 1999 the applicant concluded a contract with the executions officer on enforcement of the judgment in issue. Article II of the contract provided that the applicant did not have to pay any advance on costs of the execution to the executions officer. Article VIII indicated that the contract could only be modified upon the agreement in writing of both parties.", "18. On 30 August 1999 the applicant asked the officer to proceed with the execution or, as the case might be, to confirm that the sum was irrecoverable.", "19. On 9 November 1999 the bank informed the executions officer that the sum deposited at the company’s account was insufficient to cover the debt. On 11 November 1999 a different bank informed the officer that the debtor company’s account had been cancelled.", "20. The applicant complained about the inactivity of the executions officer to the Ministry of Justice. The Ministry transmitted the complaint to the Slovak Chamber of Executions Officers on 10 April 2000. The Chamber was requested to notify the Ministry of its reply to the applicant within two months.", "21. On 24 August 2000 the executions officer requested the applicant to pay, within seven days, an advance on costs of the execution failing which the executions officer would ask the District Court to discontinue the proceedings. Reference was made to Section 197(2) of the Judicial Executors and Enforcement Act. The advance requested amounted to the equivalent of approximately 93 euros. The letter further indicated that the applicant could come to the execution officer’s office on 21 September 2000 with a view to settling any queries.", "22. In a letter of 11 September 2000 the applicant replied that, pursuant to the enforcement contract of 26 April 1999, he was not obliged to pay any advance on costs and that no reasons had been given for the request. The applicant stated that he was not opposed to amending the contract provided that it would result in a successful recovery of the debt.", "23. On 26 July 2001 the executions officer filed a motion for the proceedings to be discontinued as the applicant had failed to pay an advance on his costs.", "24. In a letter of 30 July 2001, the Secretary to the Slovak Chamber of Executions Officers informed the applicant, in reply to his above complaint, that the executions officer in question had acted in compliance with the law. The letter stated, inter alia, that the executions officer had examined the financial situation of the debtor and that he had filed an execution order with the debtor’s bank. As the bank had informed the executions officer that the debtor did not own any property, the sum due could not be enforced. The letter also stated that the officer had warned the applicant’s lawyer in the applicant’s presence, at the moment when the request for execution had been filed, that the execution would not succeed as the debtor no longer carried on any business activity and owned no property. The executions officer’s request for an advance on costs of the execution was in conformity with Section 197(2) of the Judicial Executors and Enforcement Act.", "25. On 28 November 2001 the Banská Bystrica District Court granted the request of the executions officer and it discontinued the proceedings. The decision was served on the applicant on 11 January 2002. It stated that no appeal was available against it.", "26. The applicant appealed. He alleged that under the contract he had not been obliged to pay any advance on costs of the execution.", "27. On 22 March 2002 the executions officer submitted the file together with an explanation to the District Court. The officer maintained that the relevant law entitled him to request an advance on his costs. Furthermore, he had warned the applicant that the execution was unlikely to succeed as the debtor owned no property.", "28. On 7 May 2002 the District Court obtained a report from the companies register, and it transmitted the case to the appellate court on 20 May 2002.", "29. On 31 May 2002 the Banská Bystrica Regional Court rejected the appeal as being inadmissible as under the relevant law no appeal lay against a decision to discontinue enforcement proceedings on the grounds of the creditor’s failure to pay an advance on costs of the execution.", "30. On 29 August 2002 the Registry of the Court asked the applicant for information as to whether he had used the remedy under Article 127 of the Constitution enacted with effect from 1 January 2002.", "31. On 9 September 2002 the applicant replied that he had exhausted all available remedies at the time when he had lodged his application in 2000. He maintained that he was not required to use the newly introduced remedy as his case was pending before the Court. At the same time, the applicant admitted that the originally alleged violation of his right resulting from delays in recovering the sums in question still remained and that, in the meantime, new violations had occurred as a result of the subsequent developments in his cases. He referred, in particular, to his submissions to the Court of 21 May 2002." ]	[ 3 ]
[ "9. The applicant was born in 1966 and lives in Graz.", "10. On 6 May 2000 the Graz Regional Criminal Court (Landesgericht für Strafsachen) ordered the applicant's pre-trial detention on suspicion of attempted sexual coercion (geschlechtliche Nötigung). The court based the suspicion against the applicant on the statement of the victim, who had identified the applicant in an identity parade. Further, it considered that, given the applicant's criminal record, there was a risk that he might commit another offence similar to the one of which he was suspected (Tatbegehungsgefahr).", "11. On 19 May 2000 the Graz Regional Court, after a hearing held in the presence of the public prosecutor, the applicant and his defence counsel, ordered that the applicant's pre-trial detention should continue. Referring to the testimony of the victim, it found that there was a reasonable suspicion against the applicant. Further, there was a risk that he might commit another offence similar to the one of which he was suspected. The court stated that the applicant had nine previous convictions, mainly for property-related offences, but recently also for violent crimes. The court found that, in the light of the applicant's recidivism and his character, the prolongation of his pre-trial detention was reasonable. The applicant appealed against this decision.", "12. On 7 June 2000 the Graz Court of Appeal (Oberlandesgericht), sitting in private, dismissed the appeal and upheld the Regional Court's decision.", "13. On 19 July 2000 the Graz Regional Court, after holding a hearing in the presence of the parties, dismissed an application for the applicant's release and ordered the continuation of his pre-trial detention. The applicant lodged an appeal against this decision.", "14. On 20 July 2000 the applicant lodged another application for release. He stressed that there were no reasons to maintain his pre-trial detention.", "15. On 26 July 2000 the public prosecutor's office (Staatsanwaltschaft) filed the bill of indictment. The applicant appealed against it.", "16. On 2 August 2000 the Graz Regional Court, having held a hearing in the presence of the parties, ordered that the applicant's pre-trial detention should continue.", "17. On 7 August 2000 the applicant appealed against this decision. He submitted that there was no reasonable suspicion against him as the testimony of the only witness for the prosecution had been contradictory.", "18. On 17 August 2000 the Graz Court of Appeal, sitting in private, dismissed the applicant's appeal against the bill of indictment and the appeals against the Regional Court's decisions of 19 July 2000 and 2 August 2000. It found that there was no doubt about the credibility of the witness and that there was therefore a reasonable suspicion against the applicant. Further, it upheld the Regional Court's repeated finding that reasons for detention on remand (Haftgründe) existed.", "19. On 18 September 2000 the applicant lodged a fundamental rights complaint (Grundrechtsbeschwerde) with the Supreme Court (Oberster Gerichtshof) against this decision. He submitted that there was no strong suspicion against him and that there were no reasons to maintain the detention on remand.", "20. On 16 October 2000 the Supreme Court, sitting in private, dismissed the complaint. It found that there was no doubt about the credibility of the witness and that reasons for the applicant's detention on remand subsisted.", "21. On 24 October 2000 the Regional Court, sitting with two professional and two lay judges, held a public hearing, convicted the applicant of attempted sexual coercion and sentenced him to two years' imprisonment.", "22. On 8 March 2001 the Supreme Court rejected the applicant's plea of nullity.", "23. On 8 May 2001 the Court of Appeal dismissed an appeal by the applicant, but allowed one lodged by the public prosecutor and increased the term of imprisonment to two years and six months." ]	[]
[ "7. The applicants, Ms Sinikka Kukkola and Ms Salme Kukkola were joint owners of the real property Kukkola (registered as number 1:120) comprising 32 hectares, until the death of Ms Sinikka Kukkola. Ms Salme Kukkola, being the sole heir of Sinikka Kukkola, inherited the real property and is now its sole owner. Ms Salme Kukkola was born in 1945 and lives in Pertunmaa.\nThe “activity prohibition”", "8. In 1989 the Council of State (valtioneuvosto, statsrådet) declared that the white-backed woodpecker should be afforded particular protection pursuant to Section 16 (c) of the 1923 Nature Conservation Act (luonnonsuojelulaki, lagen om naturskydd 71/1923).", "9. In 1992 the Ministry of the Environment (ympäristöministeriö, miljöministeriet) drew up a provisional plan for the protection of the species and invited the County Administrative Boards (lääninhallitus, länsstyrelsen) to comment thereon. The plan was to be confirmed subsequently. In the provisional plan some 20 hectares of the applicants' forest was included in section II of the plan which covered areas where the woodpecker was seen occasionally and which could not be expropriated. On 3 December 1992 the Ministry instructed the relevant County Administrative Board to transfer the applicants' land to section I of the plan which covered the nesting areas of the species and which could be expropriated.\nThe decision on the conservation measures with regard to the applicants' property was made while the repealed 1923 Nature Conservation Act was still in force. Under the provisions of the repealed Act, conservation was to be implemented by means of establishing a nature conservation area, either as a private conservation area upon an application by the landowner or as a state-owned conservation area through a voluntary sale or exchange contract or expropriation. The objective of the State was that the landowners concerned would voluntarily sell their properties at the current price or exchange them for a state-owned area of the same value. The applicants did not take any voluntary conservation measures.", "10. By a letter of 4 December 1992 the County Administrative Board of Mikkeli stated that, according to its knowledge, the applicants owned land within a nesting area of the species. The Board recommended that the area be protected in either of the following ways:\n“1. If the applicants of their own motion were to request permanent conservation of the area, they would receive compensation in the form of a taxfree lump sum fixed according to the current value of the loss of economic income resulting from the conservation (i.e. the restricted use of the area). The area would remain in their possession and the property tax would be alleviated to reflect the lost yield. 3. The applicants' area could also be exchanged for a state-owned area of the same value.”\nThe applicants objected to the planned inclusion of their property in the conservation plan, stating that no white-backed woodpecker or nest of that species had ever been spotted on their land.\nOn 25 January 1993 the applicants' property was inspected by representatives of the County Administrative Board and the World Wildlife Fund (“WWF”). The applicants also participated in the inspection.", "11. On 3 November 1993 the applicants announced their intention to commence logging on their property according to a forestry plan drawn up by the local Forestry Board (metsälautakunta, skogsnämnden).", "12. On 18 November 1993 the County Administrative Board issued a two-year-long “activity prohibition” (toimenpidekielto, åtgärdsförbud) concerning the relevant part of the applicants' property pursuant to Section 18 of the Nature Conservation Act. The Board reasoned its decision as follows:\n“The area in issue forms a suitable habitat for the white-backed woodpecker and has, indeed, been included in the Ministry's provisional conservation plan for white-backed woodpeckers.\nThe County Administrative Board has earlier informed the landowners about the importance of the area to the white-backed woodpecker and it has proposed in several negotiations that the area be formed into a conservation area. The Board has received, on 3 November 1993, a note informing the Board that it was planned by the landowners to commence logging in the area from 1 December 1993. Even the telephone negotiations held with the landowners since the information note was received have failed to obtain the landowners' approval of voluntary conservation of the area.”", "13. The applicants appealed to the Supreme Administrative Court (korkein hallinto-oikeus, högsta förvaltningsdomstolen), contending that there were no grounds for the “activity prohibition”. They had not been opposed to voluntary conservation measures but had received no precise information either as to the compensation which they would receive or the other conditions (such as the time of payment and the availability of compensatory land).\nIn its response to the court the County Administrative Board stated, inter alia, that the conservable areas had been chosen on the basis of recommendations by a working group set up by WWF. Before making any specific offer of compensation to the applicants the Board had been awaiting a formal reaction on their part along the lines recommended in its letter of 4 December 1992. Such an initiative would not have bound the applicants or prejudged the terms of the conservation.\nIn its submission of 18 April 1994 the Ministry of the Environment considered that the applicants' appeal was unfounded.\nIn their written comments the applicants contended that they had formally requested to be informed of the proposed conservation terms.", "14. On 14 October 1994 the Supreme Administrative Court, having found no reason to amend the County Administrative Board's decision, rejected the applicants' appeal in so far as it concerned the lawfulness of the “activity prohibition”.", "15. In so far as the appeal concerned principally the expediency of the prohibition, it was transferred to the Government (the Ministry of the Environment) and rejected on 4 November 1994. The Ministry found that the area in question contained significant conservable values (without specifying any particular value).\nThe expropriation proceedings", "16. On 17 November 1995 the Government, by 10 votes to 7, granted permission for the expropriation of some five hectares of the applicants' property with a view to protecting the white-backed woodpecker.", "17. The applicants appealed to the Supreme Administrative Court, requesting an oral hearing and alleging bias on the part of the officials handling the case in the Ministry of the Environment. On 11 December 1995 the appeal was received by the court.", "18. On 21 December 1995 the court requested a statement from the Ministry for the Environment. It was received on 11 March 1996. In its statement the Ministry of the Environment submitted that a white-backed woodpecker had been spotted and fresh feeding remnants had been found on the applicants' property in March 1993. According to the Ministry, there were thus sufficient findings to prove that the area was significant for the relevant species. It was also emphasised by the Ministry that the area had been examined by the most qualified experts and that it was vital for the protection of the white-backed woodpecker that the area was included in the conservation plan, in accordance with Section 1 (2) of the Nature Conservation Act, and that the State was entitled to expropriate private property with a view to forming such a conservation area, in accordance with Section 18 (1) of the Act. It was further stressed by the Ministry that the expropriation was in the general interest and would provide full compensation to the landowners.\nOn 9 October 1997 the court afforded the applicants an opportunity to file observations on the Ministry's statement, which they did on 31 October 1997, and informed them that all the documents pertaining to the matter were available in the court.", "19. On 31 December 1997 the Supreme Administrative Court, having found an oral hearing unnecessary and that the officials handling the case in the Ministry had not been biased, rejected the appeal as it found the land in question significant for the white-backed woodpecker.", "20. On 7 December 1998 the applicants requested a reopening of the proceedings. The request was refused by the Supreme Administrative Court on 28 March 2000.\nThe compensation proceedings", "21. On 23 November 1995 the Ministry of the Environment applied for, inter alia, an assessment of the compensation following the expropriation (lunastustoimitus, inlösningsförrättning). A meeting between the parties took place on 5 March 1996 and an inspection in situ was held on 3 June 1996.", "22. In a letter of 3 June 1998 the applicants were invited to submit their claims by 3 November 1998. On 27 October 1998 the applicants presented their compensation claims. On 23 December 1998 the Regional Environment Centre (ympäristökeskus, miljöcentralen) submitted their observations.", "23. On 30 March 1999 the Compensation Board decided that the applicants be compensated 488,892 Finnish marks (FIM) for the lost building rights and the expropriated forest land, FIM 14,160 for their inconvenience and FIM 13,000 for their expenses, i.e. the total amount being thus FIM 516,052 (about 86,794 euros (EUR)). The compensation was deposited on 10 May 1999.", "24. The applicants appealed against the Board's decision to the Land Court which, on 7 September 1999, having communicated the appeal to the Regional Environment Centre and held an oral hearing, ordered the applicants to be compensated FIM 703,892 for lost building rights and expropriated forest land, FIM 10,000 for the inconvenience, FIM 26,000 for their legal expenses before the Compensation Board and FIM 28,800 for their legal expenses before the Land Court, the total amount being thus FIM 768,692 (about EUR 129,285).", "25. The applicants appealed against the Land Court's decision to the Supreme Court (korkein oikeus, högsta domstolen), complaining, inter alia, about the amounts awarded to them for compensation and about the interest to be paid on that compensation. On 21 February 2002 the Supreme Court upheld the Land Court's decision except in so far as the State's obligation to pay damages amounting to FIM 10,000 and its obligation to pay interest was concerned, ordering the State to pay interest for the period 17 November 1995 to 9 May 1999. According to the second applicant, the State paid the last outstanding part of the compensation only in May 2002.\nThe approval of the Natura 2000 network", "26. In the meantime, by a decision of 25 November 1996 the Ministry of the Environment made available, between 7 April and 6 June 1997, Finland's proposal for the areas to be included in the European Community's Natura 2000 network and invited the landowners' observations. On 20 August 1998 the Finnish Council of State rendered its final decision as to the proposal. The expropriated part of the applicants' property was included in the proposition as a part of the Natura area.", "27. The applicants appealed to the Supreme Administrative Court, requesting an oral hearing. On 1 March 1999 and 14 July 1999 respectively the court received the Ministry of the Environment's submissions. As the court invited the applicants' further submissions, it informed them that all the material pertaining to the matter was available in the court. On 18 August 1999 the applicants submitted their written comments.", "28. In its decision of 14 June 2000 the Supreme Administrative Court, having found an oral hearing unnecessary, rejected the appeal in a decision running to 91 pages. It found, inter alia, that the land in issue was a suitable habitat for the highly endangered white-backed woodpecker." ]	[ 3 ]
[ "7. The applicant was born in 1936 and lives in Vantaa. He was the sole shareholder in a company, which was in the process of being wound up from 1987.\nBackground", "8. In 1987 the official receiver of the company requested the applicant to hand over to him all the assets of the company. The applicant who was in possession of shares in a housing company refused to deliver those shares.", "9. The applicant instituted civil proceedings before the District Court (käräjäoikeus, tingsrätten) of Vantaa against the company and requested the court to confirm that the shares were owned by him and that he was under no obligation to hand them over. On 17 December 1987 the District Court held, however, that the shares belonged to the company and ordered him to hand them over to the official receiver. On 30 November 1988 the judgment was upheld by the Helsinki Court of Appeal (hovioikeus, hovrätten). On 5 June 1989 the Supreme Court (korkein oikeus, högsta domstolen) refused leave to appeal.\nIn January 1990 the applicant lodged an extraordinary appeal. In October 1992 and September 1993 he lodged further annulment applications relating to the ownership of the shares and other issues arising out of the winding up of his company. Those applications were all dismissed as ill-founded by the Supreme Court on 21 June 1993 and 23 August 1994 respectively. Furthermore, his extraordinary appeal of 30 May 1995 was dismissed by the Supreme Court on 29 June 1995.", "10. Meanwhile, the official receiver requested the bailiff to seize the shares from the applicant. On 13 October 1989 an attempt to this effect failed the applicant having argued that he held the shares by way of guarantee and refused to inform the bailiff about the shares’ whereabouts.\nCriminal investigation and subsequent events", "11. On 6 November 1989 the company requested that the police investigate whether the applicant had committed an offence by refusing inter alia to provide information about the whereabouts of the shares. On 7 December 1989 and on 9 February 1990 the police unsuccessfully carried out searches of his apartment. On 27 February 1990 he was questioned. He told the police that he had lodged, in December 1989 and January 1990 respectively, applications for an annulment of the winding up order and the final decision in the ownership proceedings. He had also lodged a complaint with the Chancellor of Justice (valtioneuvoston oikeuskansleri, justitiekanslern vid statsrådet). Further, he stated that he was not going to provide any information until the resolution of those complaints. It appears that the pre-trial investigation was completed on 30 May 1990.", "12. The official receiver requested that the County Administrative Board (lääninhallitus, länsstyrelsen) of Uusimaa order the applicant to move out of the apartment in the housing company as the shares in question belonged to the company. On 7 November 1990 it issued an order to that effect. On 5 February 1991 the Helsinki Court of Appeal rejected the applicant’s appeal.", "13. On 3 September 1992 a local public prosecutor decided not to bring charges for a debtor’s fraud allegedly committed on 9 February 1987. He found that it had not been sufficiently evidenced that the applicant had knowledge of the shares’ whereabouts. The company lodged a complaint with the Chancellor of Justice, who on 12 November 1992 gave instructions that a new pre-trial investigation be carried out. The official receiver and the applicant were questioned by the police on 3 December 1992 and 9 February 1993 respectively and it appears that the pre-trial investigation was completed on the latter day.", "14. On 13 January 1995 the official receiver requested that the District Court of Vantaa declare the shares null and void as their lawful owner, the company, had not received them from the applicant despite numerous attempts. On 24 April 1995 the District Court refused the company’s request since the applicant had appeared at the District Court on 13 April 1995 and produced the shares without handing them over and since, according to Finnish law, only shares which had gone missing could be declared null and void.\nDistrict Court", "15. Meanwhile, on 2 February 1995 the then County Prosecutor (lääninsyyttäjä, länsåklagaren) charged the applicant with aggravated embezzlement committed on 21 June 1989 when he had become aware of the Supreme Court’s judgment of 5 June 1989. The County Prosecutor assigned the case to another local public prosecutor. On 4 October 1995 the summons was served upon the applicant.", "16. The District Court held three hearings, on 23 November 1995, on 1 February 1996 and on 16 March 1996.\nIn its judgment of 21 March 1996 the District Court acquitted the applicant. It noted that the ownership of the shares had been finally decided by the Supreme Court’s relevant decision of 5 June 1989, that the applicant had admitted that the shares were in his possession and that he had failed to prove that he had a right to withhold them from the official receiver on the basis of a contract of guarantee, or any other document. However, the embezzlement could not be regarded as an aggravated one and, as the charges for a “normal” embezzlement should have been brought within five years of the date on which the offence had taken place, the relevant time limit had elapsed and the charges were time barred. The applicant was, however, ordered to pay 518,682.99 Finnish marks (FIM; about 87,200 euros (EUR)) in compensation for pecuniary damage, and FIM 6,000 (some EUR 1,000) in compensation for the company’s legal costs.\nCourt of Appeal", "17. The parties appealed. On 5 December 1996, having found that the company had failed to request a court order according to which a conditional fine would have been imposed had the applicant refused to hand over the shares to the company, the Helsinki Court of Appeal (hovioikeus, hovrätten) altered the District Court’s judgment and rejected the company’s claims. The judgment was not unanimous.\nSupreme Court", "18. Only the company requested leave to appeal. On 29 May 1997 the Supreme Court granted leave to appeal. The applicant lodged an extraordinary appeal against the decision, arguing that the Supreme Court Judges X and T had been disqualified from deciding the leave to appeal matter, but this was dismissed by the Supreme Court on 21 January 1998.", "19. At the oral hearing in the Supreme Court on 6 February 1998, the applicant argued that the Supreme Court Judges T and P were biased as they had been involved in the decision-making concerning some extraordinary appeal proceedings in the applicant’s previous cases before the Supreme Court. The objection was dismissed by the Supreme Court as the cases referred to by the applicant had not concerned the same issues as the present proceedings.", "20. In its judgment of 19 March 1998 the Supreme Court convicted the applicant of aggravated embezzlement and sentenced him to a suspended term of seven months’ imprisonment. He was also ordered to pay the company FIM 350,000 (approximately EUR 58,800) in compensation for the latter’s pecuniary damage. Having first found the official receiver competent to act on behalf of the company in the proceedings, and having rejected the applicant’s argument according to which the company’s compensation claim for pecuniary damage had been submitted after the relevant time limit had elapsed, the Supreme Court found him guilty as charged. It considered that he had failed to prove that he had any lawful right to refuse to hand the shares over to the official receiver. As the company had been prevented from selling the shares because of his resistance, it had suffered financial loss in the form of lost interest it would have earned from the sales price had the shares been sold in the summer of 1989 for the sales price of FIM 1,100,000 (some EUR 185,000) which was the estimated sales price at the relevant time.\nOn 30 April 1999 the Supreme Court refused the applicant’s request to re-open the criminal proceedings. Meanwhile, on 9 October 1998, he complained about the Supreme Court criminal proceedings to the Parliamentary Ombudsman. It is not known whether the complaint is still pending before the Ombudsman." ]	[]
[ "4. The applicant was born in 1959 and lives in Voronezh.", "5. The applicant receives welfare payments for her child.", "6. In 1998 the applicant brought civil proceedings against her employer, a private company, claiming arrears in those payments for 1997 – 1998.", "7. On 23 February 1998 the Zheleznodorozhny District Court of Voronezh awarded the third applicant 672.22 Russian roubles (RUR). The judgment entered into force on 6 March 1998 and the enforcement proceedings were commenced accordingly.", "8. On 4 February 2004 the defendant company paid the applicant the amount due pursuant to the writ of execution.", "9. In 2001 the applicant sued a local welfare authority for arrears in welfare payments for her child for 1998 – 1999.", "10. On 4 August 2000 the Zheleznodorozhny District Court of Voronezh awarded RUR 2,158.10 in the applicant’s favour. This judgment entered into force on 15 August 2000 and a writ of execution was issued and sent to the bailiffs.", "11. On 26 July 2001 the bailiffs discontinued the enforcement proceedings in respect of the judgment of 4 August 2000 and returned the writ of execution to the applicant, as the debtor had insufficient funds.", "12. In January – February 2004 the judgment of 4 August 2000 was paid in full." ]	[ 3, 9 ]
[ "4. The applicant was born in 1965 and lives in the Voronezh Region.", "5. The applicant receives welfare payments for her child. In 1999 she brought civil proceedings against a local welfare authority, claiming arrears in those payments for 1998 – 1999.", "6. On 17 December 1999 the Novousmanskiy District Court of the Voronezh Region awarded the applicant 1,593.54 Russian roubles (RUR).", "7. On 17 March 2000 a writ of execution was issued and sent to the bailiffs.", "8. On 24 October 2001 the bailiffs discontinued the enforcement proceedings in respect of the judgment of 17 December 1999 and returned the writ of execution to the applicant, as the debtor had insufficient funds.", "9. In January – February 2004 the applicant was paid the amount due pursuant to the writ of execution." ]	[ 3, 9 ]
[ "4. The applicant was born in 1948 and lives in Volgograd.", "5. Pursuant to a decision of the Volgograd Central District Administration of 14 October 1987 the applicant began receiving a monthly single mother allowance in respect of her daughter who was born on 15 April 1986.", "6. In 1998, from April to July, the applicant received no payments.\nOn 4 September 1998 the applicant brought proceedings before the Central District Court of the City of Volgograd (Центральный районный суд города Волгограда) requesting the payment of outstanding sums.", "7. By a judgment of 21 September 1998 the court allowed the applicant’s claim and ordered the Finance Department of the Volgograd Regional Administration (Волгоградское облфинуправление) to pay the applicant 467.56 roubles (RUR).", "8. Following the entry into force of the judgment, the court’s bailiff instituted enforcement proceedings for recovery of the sum awarded to the applicant. However, the applicant was informed that in 1998 the court judgment could not be enforced, because the defendant lacked sufficient funds.", "9. The applicant complained about the non-enforcement of the judgment to the Department of Justice of the Volgograd Regional Administration (Управление юстиции администрации Волгоградской области), which on 16 February 1999 forwarded her complaint to the bailiff’s service of the first instance court for reply and necessary measures.\nIn an undated letter of 1999, the bailiff’s service informed the applicant that it had issued a writ of execution, but had not yet received from the defendant the sum due to the applicant.", "10. According to the Governments submissions, which were not contested by the applicant, the sum of RUR 467.56 was paid to her twice – on 29 September 2000 and on 9 October 2002." ]	[ 3, 9 ]
[ "4. The applicants were born in 1960, 1964, 1972 and 1954 respectively and live in Voronezh.", "5. The applicants are in receipt of welfare payments for their children. In 1999 – 2001 they brought separate sets of civil proceedings against a local welfare authority, claiming arrears in those payments.", "6. On 5 October 2000 the Sovetskiy District Court of Voronezh awarded the first applicant 4,295.89 Russian roubles (RUR) against the welfare authority. This judgment entered into force on 16 October 2000.", "7. On 9 November 2000 a writ of execution was issued and sent to the bailiffs. It appears that some time later the bailiffs discontinued the enforcement proceedings in respect of the above judgment and returned the writ of execution to the first applicant, as the debtor had insufficient funds.", "8. In January – February 2004 the first applicant was paid the amount due pursuant to the writ of execution.", "9. On 27 December 1999 the Sovetskiy District Court of Voronezh awarded the second applicant RUR 2,221.45 against the welfare authority. This judgment entered into force on 7 January 2000 and a writ of execution was sent to the bailiffs.", "10. On 26 July 2001 the bailiffs discontinued the enforcement proceedings in respect of the judgment of 27 December 1999 and returned the writ of execution to the second applicant, referring to the lack of the debtor’s funds.", "11. In January – February 2004 the second applicant was paid the amount due pursuant to the writ of execution.", "12. On 30 January and 29 May 2001 the Zheleznodorozhny District Court of Voronezh awarded the third applicant RUR 3,939.15 and 2,550.07 respectively. The judgments entered into force on 12 February and 11 June 2001.", "13. On 12 February and 14 June 2001 writs of execution were issued and sent to the bailiffs. It appears that some time later the bailiffs discontinued the enforcement proceedings in respect of the above judgments and returned the writs of execution to her, referring to the lack of the debtor’s funds.", "14. On 3 September 2001, in reply to the third applicant’s complaint about the bailiffs’ failure to enforce the judgments in her favour, the Department of Justice of the Voronezh Region informed the applicant that her award would be enforced in the order of priority set out by the Federal Law on Enforcement Procedure.", "15. In January – February 2004 the third applicant was paid the amounts due pursuant to the writs of execution.", "16. On 27 October 2000 the Levoberezhny District Court of Voronezh awarded the fourth applicant RUR 5,024.98. The judgment entered into force on 8 November 2000.", "17. On 14 November 2000 a writ of execution was issued and sent to the bailiffs. It appears that some time later the bailiffs discontinued the enforcement proceedings in respect of the above judgment and returned the writ of execution to the fourth applicant, as the debtor had insufficient funds.", "18. In January – February 2004 the fourth applicant was paid the amount due pursuant to the writ of execution." ]	[ 3, 9 ]
[ "4. The applicant was born in 1962 and lives in Zagreb.", "5. On 5 October 1995 the applicant filed a civil action in damages with the Zagreb Municipal Court (Općinski sud u Zagrebu) against the weekly magazine G. (“the defendant”), claiming that it had published a libellous article about him.", "6. The court scheduled the first hearing for 1 April 1996. That hearing, as well as the one scheduled for 11 March 1997, were adjourned at the applicant’s request.", "7. At the hearing on 17 April 1998 the defendant submitted its reply to the applicant’s claim. On 13 April 1999 the court heard the applicant.", "8. The hearings scheduled for 27 September 1999 and 26 November 1999 were adjourned because the witnesses summoned did not appear.", "9. On 28 February 2000 the court heard one witness and concluded the main hearing. On the same day, it gave judgment dismissing the applicant’s claim. The judgment was served on the applicant four months later.", "10. On 6 June 2000 the applicant appealed against the first-instance judgment.", "11. On 28 February 2001 the case-file was transferred to the Zagreb County Court (Županijski sud u Zagrebu) as the second-instance court. On 14 May 2002 that court returned the case-file to the Municipal Court because it lacked the power of attorney. Having obtained the missing document, the case-file was returned to the County Court on 27 September 2002. Subsequently, on 25 March 2003 the County Court quashed the first-instance judgment and remitted the case.", "12. In the resumed proceedings, on 12 February 2004 the Zagreb Municipal Court held a hearing and decided to obtain additional witness statements. The hearings scheduled for 16 June and 23 November 2004 were adjourned because of improper summoning of the witnesses. The next hearing was scheduled for 14 April 2005. The proceedings are still pending before the first-instance court.", "13. Meanwhile, on 10 December 2002 the applicant filed a constitutional complaint with the Constitutional Court (Ustavni sud Republike Hrvatske), complaining about the length of the proceedings. On 13 June 2003 the Constitutional Court declared the applicant’s complaint inadmissible since the County Court had already decided on the case." ]	[ 3 ]
[ "4. The applicant was born in 1959 and lives in Voronezh.", "5. The applicant receives welfare payments for her child. In 2000 she brought civil proceedings against a local welfare authority, claiming arrears in those payments for 1997 – 2000.", "6. On 28 January 2000 the Kominternovskiy District Court of Voronezh awarded the applicant 6,882.59 Russian roubles (RUR). This judgment entered into force on 8 February 2000.", "7. On 6 March 2000 the writ of execution was issued and sent to the bailiffs.", "8. On 4 November 2000, in reply to the applicant’s complaint about the bailiffs’ failure to enforce the judgment in her favour, the Department of Justice of the Voronezh Region informed the applicant that her award would be enforced in the order of priority set out by the Federal Law on Enforcement Procedure.", "9. On 26 July 2001 the bailiffs discontinued the enforcement proceedings in respect of the judgment of 28 January 2000 and returned the writ of execution to the applicant, as the debtor had insufficient funds.", "10. In January – February 2004 the applicant was paid the amount due pursuant to the writ of execution." ]	[ 3, 9 ]
[ "4. The applicant was born in 1955 and lives in Voronezh.", "5. The applicant is in receipt of welfare payments for her child. In 2000 she brought civil proceedings against a local welfare authority, claiming arrears in those payments.", "6. On 25 December 2000 the Levoberezhny District Court of Voronezh awarded the applicant 10,017.45 Russian roubles (RUR). This judgment entered into force on 6 January 2001.", "7. On 23 January 2001 a writ of execution was issued and sent to the bailiffs.", "8. On 26 July 2001 the bailiffs discontinued the enforcement proceedings in respect of the judgment of 25 December 2000 and returned the writ of execution to the applicant, as the debtor had insufficient funds.", "9. On 26 April 2002 the applicant requested the Department of Justice of the Voronezh Region to ensure the enforcement of the judgment in her favour.", "10. By letter of 7 May 2002 the Department of Justice of the Voronezh Region invited the applicant to re-submit the writ of execution to the bailiffs.", "11. In January – February 2004 the applicant was paid the amount due pursuant to the writ of execution." ]	[ 3, 9 ]
[ "4. The applicants are residents of Voronezh.", "5. The applicants are in receipt of welfare payments for their children. In 1999 – 2000 they brought separate sets of civil proceedings against a local welfare authority, claiming arrears in those payments.", "6. On the dates set out in the appendix the domestic courts granted the applicants’ claims and ordered the welfare authority to pay them the respective amounts. The enforcement proceedings were commenced accordingly.", "7. On 26 July 2001 the bailiffs discontinued the enforcement proceedings in respect of the judgments in the applicants’ favour and returned them the writs of execution referring to the lack of the debtor’s funds.", "8. In 2002 – 2004 the applicants unsuccessfully applied to various public bodies seeking to have the judgments in the favour enforced.", "9. On 2 June 2004 the applicants were paid the amounts due pursuant to the writs of execution." ]	[ 3, 9 ]
[ "6. The applicant was born in 1934 and lives in Križevci, Croatia.", "7. On 4 February 1992 the applicant’s house in Bjelovar was blown up by unknown perpetrators.", "8. On 29 January 1997 he instituted civil proceedings before the Zagreb Municipal Court (Općinski sud u Zagrebu) seeking damages from the State for his damaged property.", "9. Pursuant to the Civil Obligations (Amendments) Act 1996 (Zakon o izmjeni Zakona o obveznim odnosima), the Zagreb Municipal Court stayed the proceedings on 16 September 1999.", "10. On 26 November 2002 the applicant filed a constitutional complaint under section 63 of the Constitutional Act on the Constitutional Court (Ustavni zakon o Ustavnom sudu Republike Hrvatske) complaining about the stay on his proceedings. It would appear that the proceedings before the Constitutional Court are still pending.", "11. The proceedings before the Zagreb Municipal Court resumed on 25 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).", "12. On 8 December 2003 the Zagreb Municipal Court decided that it lacked jurisdiction to hear the case and dismissed his claim accordingly. The applicant appealed to the Zagreb County Court (Županijski sud u Zagrebu) where the case is apparently still pending." ]	[ 3 ]
[ "4. The applicant was born in 1954 and lives in Voronezh.", "5. The applicant receives welfare payments for her child. In 2000 she brought civil proceedings against a local welfare authority, claiming arrears in those payments.", "6. On 2 November 2000 the Tsentralny District Court of Voronezh awarded the applicant 2,388.49 Russian roubles (RUR). This judgment entered into force on 13 November 2000 and on the same date the writ of execution was issued and sent to the bailiffs.", "7. On 28 September 2001 the Voronezh Department of the Central Bank of Russia informed the applicant that the judgment in her favour could not be enforced for lack of the debtor’s funds.", "8. On 11 September 2002 the bailiffs returned the writ of execution to the applicant without enforcement.", "9. By letter of 21 March 2003 the Voronezh Department of the Central Bank of Russia invited the applicant to address her queries concerning the enforcement of the judgment of 2 November 2000 to the debtor.", "10. In January – February 2004 the applicant was paid the amount due pursuant to the writ of execution." ]	[ 3, 9 ]
[ "4. The applicant was born in 1966 and lives in Voronezh.", "5. The applicant receives welfare payments for her child. In 2000 she brought civil proceedings against a local welfare authority, claiming arrears in those payments for 1998 – 1999.", "6. On 25 February 2000 the Kominternovskiy District Court of Voronezh awarded the applicant 3,952.66 Russian roubles (RUR). This judgment entered into force on 6 March 2000.", "7. On 19 April 2000 a writ of execution was issued and sent to the bailiffs.", "8. On 26 July 2001 the bailiffs discontinued the enforcement proceedings in respect of the judgment of 25 February 2000 and returned the writ of execution to the applicant, as the debtor had insufficient funds.", "9. In January – February 2004 the applicant was paid the amount due pursuant to the writ of execution." ]	[ 3, 9 ]
[ "4. The applicants were born in 1946, 1957 and 1970 respectively and live in Voronezh.", "5. The applicants are in receipt of welfare payments for their children. In 1999 – 2000 they brought separate sets of civil proceedings against a local welfare authority, claiming arrears in those payments.", "6. On 17 December 1999 the Levoberezhny District Court of Voronezh awarded the first applicant 3,245.28 Russian roubles (RUR) against the welfare authority. This judgment entered into force on 28 December 1999.", "7. On 31 January 2000 the writ of execution was issued and sent to the bailiffs.", "8. On 26 July 2001 the bailiffs discontinued the enforcement proceedings in respect of the judgment of 17 December 1999 and returned the writ of execution to the first applicant, as the debtor had insufficient funds.", "9. On 26 February 2002 the first applicant complained to the Department of Justice of the Voronezh Region about the bailiffs’ failure to execute the judgment in her favour.", "10. By letter of 27 March 2002 the Department of Justice of the Voronezh informed the first applicant that the judgment in question had not been enforced, as the defendant had insufficient assets, and that it was open to her again to send the writ of execution to the bailiffs’ service.", "11. On 29 April 2002 the first applicant lodged a court complaint against the bailiffs for their failure to enforce the judgment in her favour.", "12. On 19 June 2002 the Leninskiy District Court of Voronezh allowed the first applicant’s complaint and ordered the bailiffs to recommence the enforcement proceedings.", "13. On 2 June 2004 the first applicant was paid the amount due pursuant to the writ of execution.", "14. On 29 March 2000 the Leninskiy District Court of Voronezh awarded the second applicant RUR 1,980.6 against the welfare authority. This judgment entered into force on 9 April 2000.", "15. On 29 March 2000 the writ of execution was issued and sent to the bailiffs.", "16. On 26 July 2001 the bailiffs discontinued the enforcement proceedings in respect of the judgment of 29 March 2000 and returned the writ of execution to the second applicant, referring to the lack of the debtor’s funds.", "17. On 27 April and 6 May 2002 the second applicant again sent the writ of execution to the bailiffs’ service.", "18. On 30 September 2002 the bailiffs returned the writ of execution to the second applicant, having stated that they had been unable to enforce the judgment in her favour, as the defendant refused to pay.", "19. On 2 June 2004 the judgment of 29 March 2000 was paid in full.", "20. On 9 November 2000 the Tsentralny District Court of Voronezh awarded the third applicant RUR 4,304.7. This judgment entered into force on 20 November 2000. On the same date the writ of execution was issued and sent to the bailiffs.", "21. On 26 July 2001 the bailiffs discontinued the enforcement proceedings in respect of the judgment of 9 November 2000 and returned the writ of execution to the third applicant by reference to the lack of the debtor’s funds.", "22. On 24 May 2002 the third applicant requested the bailiffs’ service and the Department of Justice of the Voronezh Region to ensure the enforcement of the judgment in her favour. It is unclear whether any response was ever sent to that request.", "23. On 2 June 2004 the third applicant was paid the amount due pursuant to the writ of execution." ]	[ 3, 9 ]
[ "4. The applicants are residents of Voronezh.", "5. They are in receipt of welfare payments for their children. In 1999 – 2002 the applicants brought separate sets of civil proceedings against a local welfare authority, claiming arrears in those payments.", "6. On the dates set out in appendix 1 the domestic courts granted the applicants’ claims and ordered the welfare authority to pay them the respective amounts. The enforcement proceedings were commenced accordingly.", "7. Subsequently the bailiffs discontinued the enforcement proceedings in respect of the judgments in the applicants’ favour and returned the writs of execution to them referring to the lack of the debtor’s funds.", "8. In 2001 – 2002 the applicants brought several sets of civil proceedings against private banks in Voronezh in which the defendant authority had its accounts, claiming the recovery of the awarded amounts. The domestic courts rejected those claims as unfounded.", "9. In June 2004 the applicants were paid the amounts due pursuant to the writs of execution." ]	[ 3, 9 ]
[ "8. The applicant was born in 1954 and lives in Tallinn.", "9. On 5 June 2000 the Tallinn police initiated criminal proceedings against the applicant on suspicion of having committed extortion under Article 142 of the Criminal Code. On 17 June 2000 the applicant was taken into custody.\nThe applicant was charged with having threatened, by way of telephone calls, to explode a bomb in the supermarket Pirita Selver if his demands for a sum of money were not met.", "10. Following the conclusion of the preliminary investigation the criminal case-file was sent to the Tallinn City Court (Tallinna Linnakohus). On 11 January 2001 witnesses K., R. and V. failed to appear at the hearing in the City Court and the hearing was adjourned to 5 February 2001. At the hearing of 5 February 2001 the applicant was questioned. The City Court again adjourned the hearing, since the witnesses had not appeared. Subsequently, the City Court heard the case on 20 February 2001.", "11. According to the record of the City Court hearing, which set out the documents disclosed to the prosecution and defence at the public hearing, the City Court’s case-file included, inter alia, written witness statements made during the preliminary investigation by K. and R., who were both employees of the supermarket. Witness K. had stated that the phone calls on 2 and 4 June 2000 had been made by a male person, probably 40-50 years of age or more. She had submitted that it was possible that she would recognise the voice. Witness R. had submitted that she had received phone calls from a male person on 3 and 4 June 2000. The case-file further contained six tapes with recordings of several phone calls made to the supermarket (from 4, 5, 7, 8 and 11 June 2000) and one tape with an undercover recording of a phone call by the applicant from 29 June 2000, as well as transcripts of the tape recordings.\nAccording to the written records of witness V.’s statements during the preliminary investigation, on 13 June 2000 the applicant had asked him to dial a phone number of the applicant’s girl-friend and hand the handset over to the applicant. They tried to make four phone calls, but none of the calls was answered. The number called to was a local number, the last three digits containing a combination of “fives”, possibly “550” or similar.\nThe City Court’s case-file also included a written statement of witness R.’s testimony, according to which, on 10 August 2000, she had been presented with an undercover recording of a phone call made by the applicant for recognition. She had been of the opinion that the male voice in the recorded conversation closely resembled the voice of the person who in June 2000 had made the bomb threats to the supermarket. She had answered four phone calls to the supermarket. When the threats were made, the voice had been more nervous, but otherwise the voices were identical.\nThe case-file further contained a written record of the examination of an anonymous witness “Artur”, who stated that in June 2000 he had met the applicant at a party, where the latter had said that he had made the threats to the supermarket. In this way the applicant had had a chance to make good money. The owner of a shop located near the supermarket had asked him to make the threats. Every time after making the threats he had called the owner of the shop. Witness Artur stated that from the recordings of the bomb threats on six tapes he recognised the applicant’s voice. Witness Artur considered that the sound of the voice bore a resemblance to that of the applicant, as did some expressions and the manner of speaking.\nIn the case-file there was included a written record of an examination of witness R., who said that, as of 11 June 2000, the information line of the supermarket did not answer calls made from public payphones. Witness R. stated that, based on the voice, the manner of speaking and the references to earlier phone calls, the threats had been made by one person.", "12. All the witnesses failed to appear at the City Court’s hearing of 20 February 2001. Witnesses K. and R. submitted that they were unable to attend the hearing but that they maintained the statements given during the preliminary investigation; witness V. did not live at the address noted by the City Court. At that hearing the City Court refused the request of the applicant’s lawyer to call witnesses K. and R. The record of the hearing does not disclose the reasons why the request was refused.", "13. By a judgment of 20 February 2001 the Tallinn City Court convicted the applicant of the charge and sentenced him to 3 years’ imprisonment. It relied on the testimony of the witnesses K., R., V. and of the anonymous witness Artur, given during the preliminary investigation, as well as on the transcripts of tape recordings of telephone conversations.", "14. According to the judgment, the anonymous witness Artur had recognised the applicant’s voice on the tape and had heard him brag about his bomb threats. Witnesses K. and R. testified that they had received repeated phone calls from the same person, approximately 40-50 years of age, threatening to explode a bomb and demanding a sum of money. In addition, witness R. stated that the applicant’s voice on the tape played to her closely resembled the voice of the man who had made the bomb threats. According to the testimony of witness V., the applicant had told him that he was in need of money and asked him to dial a number, using public phones, of which he remembered the first and last digits. In the event that somebody should answer, he was supposed to hand over the phone to the applicant. The first and last digits of the phone number corresponded to the phone number of the supermarket.", "15. On 26 February 2001 the applicant’s lawyer filed an appeal against the judgment requesting the applicant’s acquittal. She argued that the City Court had not heard any of the witnesses at its hearing and that her request to summon the witnesses had been denied. The City Court had convicted the applicant on the basis of insufficient evidence. The record of the court hearing had stated incorrectly that several items of evidence in the case-file had been disclosed. In fact, this had not been done. As regards the voice identification, the applicant’s lawyer noted that, as the witness R. had been presented with only one voice for recognition, she had not been able to compare voices. In his appeal the applicant noted that the bomb threats continued in July and August 2000, after he had been taken into custody.\nThe applicant’s lawyer did not request in her appeal that any witnesses be called to the appeal court’s hearing.", "16. On 28 March 2001 the Tallinn Court of Appeal (Tallinna Ringkonnakohus) heard the appeal at a public hearing. The applicant’s lawyer reiterated that at the hearing in the City Court it had not been possible to put questions to the witnesses and that her request to summon the witnesses had been denied.\nAccording to the record of the Court of Appeal’s hearing neither the applicant nor his lawyer requested that any witnesses be summoned to the hearing.\nThe Court of Appeal dismissed the appeal. It noted in its judgment:\n“The [Criminal] Chamber [of the Court of Appeal] finds, as did the City Court, that [the applicant’s] guilt has been established on the basis of an aggregate of evidence and that this aggregate [of evidence] does not include solely the statements of witnesses; all the evidence collected during the pre-trial investigation and examined at the court hearing has been taken into account.”\nThe Court of Appeal found no substantial infringement of the procedural law which would have entailed a reversal of the lower court judgment.", "17. On 18 April 2001 the applicant’s lawyer filed an appeal with the Supreme Court (Riigikohus) repeating the arguments raised before the Court of Appeal. She reiterated that, in violation of the law of criminal procedure, the City Court had not based its judgment on evidence examined at the hearing. The applicant requested in his appeal that an independent expert assessment of the voice be carried out.", "18. On 17 May 2001 the Supreme Court refused the applicant leave to appeal." ]	[ 3 ]
[ "4. The applicant was born in 1940 and lives in Balatonkenese.", "5. The applicant brought an action against a building society for repossession of real property. He also claimed compensation. On 15 May 1992 the Budapest Regional Court awarded him 624,986 Hungarian forints (HUF) in compensation.", "6. On 28 October 1994 the applicant, being dissatisfied with the award, brought another action for compensation against the building society on partly modified legal grounds.\nAfter having held a hearing on 23 February 1995, the Buda Central District Court dismissed his action on 12 March 1995. The applicant appealed.", "7. On 11 October 1995 the Budapest Regional Court upheld the District Court’s judgment. The applicant filed a petition for review on 19 January 1996.", "8. On 30 May 1997 the Supreme Court quashed both decisions and remitted the case to the first-instance court.", "9. In the resumed proceedings, on 1 December 1997 the case was given priority. Hearings took place on 17 December 1997 and 19 March 1998. On 12 May 1998 a real-estate expert was appointed. Following a warning, the latter presented his opinion 30 September 1998.", "10. On 13 October 1998 the Buda Central District Court held a hearing and, on 21 October 1998, dismissed the applicant’s action. The applicant appealed.", "11. On 26 May 1999 the Budapest Regional Court dismissed his motion for bias.", "12. On 2 June 1999 the Regional Court held a hearing and, on 9 July 1999, partly changed the first-instance judgment and awarded the applicant HUF 152,204 in compensation. The applicant filed a petition for review on 7 January 2000.", "13. On 27 February 2002 the Supreme Court upheld the Regional Court’s decision. This judgment was served on 23 May 2002." ]	[ 3 ]
[ "5. The applicant was born in 1952. He was detained in Burdur prison at the time of lodging his application.", "6. On 28 March 1994 an arrest warrant was issued in respect of the applicant.", "7. On 14 April 1994 the public prosecutor at the Malatya State Security Court filed an indictment, accusing the applicant together with two other co‑accused of membership of an illegal armed organisation, namely the Marxist-Leninist Communist Party. The public prosecutor requested that the applicant be convicted and sentenced under Article 168 § 2 of the Criminal Code and Article 5 of Law no. 3713.", "8. On 19 October 1995 the Malatya State Security Court decided to separate the proceedings in respect of the applicant as he could not be found.", "9. On 30 August 1996 the applicant was arrested and taken into custody by the police. On 6 September 1996 he was interrogated by two police officers.", "10. On 10 September 1996 he was brought before the public prosecutor and the State Security Court. He denied his statements made in police custody.", "11. On 30 October 1996 an additional indictment was submitted by the public prosecutor at the Istanbul State Security Court.", "12. On 20 January 1998 the Malatya State Security Court, composed of two civilian judges and a military judge, convicted the applicant under Article 168 § 2 of the Criminal Code and Article 5 of Law no. 3713, and sentenced him to twelve years and six months’ imprisonment.", "13. On 2 March 1998 the applicant appealed against the judgment of the Malatya State Security Court.", "14. On 7 December 1998 the Court of Cassation held a hearing and on the same day upheld the above judgment." ]	[ 3 ]
[ "4. The applicant was born in 1958 and lives in the village of Ivanivka, the Lugansk region of Ukraine.", "5. On 6 September 2000 the Krasnolutchsk City Court ordered the Krasnolutchska State Mine to supply the applicant with 8,850 kg of coal.", "6. On 6 October 2000 the Krasnolutchsk City Bailiffs’ Service instituted enforcement proceedings in respect of that judgment.", "7. On 5 May 2003 the Bailiffs’ Service informed the applicant that the judgment could not be enforced due to the large number of enforcement proceedings against the debtor and the fact that the procedure for the forced sale of assets belonging to the debtor had been suspended because of the moratorium on the forced sale of property belonging to State enterprises introduced by the Law of 29 November 2001.", "8. On 21 October 2004 the judgment was enforced in full.", "9. On 30 July 2003 the same court ordered the Mine to supply the applicant with another 8,850 kg of coal.", "10. On 1 September 2003 the Krasnolutchsk City Bailiffs’ Service instituted enforcement proceedings in respect of the judgment of 30 July 2003.", "11. On 19 October 2004 that judgment was also enforced in full." ]	[ 3, 9 ]
[ "4. The applicant was born in 1975 and lives in Kharkiv, Ukraine.", "5. On 18 January 2000 the Moskovskyi District Court of Kharkiv ordered the State Enterprise “Kharkivskyi Elektromekhanichnyi Zavod” to pay the applicant UAH 1,730.48[1] in salary arrears.", "6. On 6 February 2000 the Moskovskyi District Bailiffs’ Service instituted enforcement proceedings in respect of that judgment.", "7. In August 2003 the applicant instituted proceedings in the same court against the Bailiffs’ Service seeking compensation for failure to enforce the judgment in his favour. On 17 September 2003 the court found against the applicant, finding no fault on the part of the Bailiffs. The applicant did not appeal against that decision.", "8. On 8 August 2003 the applicant received the full amount of the judgment debt." ]	[ 3 ]
[ "4. The applicant was born in 1947 and lives in the village of Mykolaivka, Donetsk region, Ukraine.", "5. In 2000 the applicant instituted proceedings in the Slovyansky Town Court against her employer, the State-owned “Slovyansky Keramichny Kombinat” company, to recover salary arrears. On 6 September 2000 the court awarded the applicant UAH 3,485.10[1] in salary arrears and compensation for damages.", "6. On several occasions the applicant was informed by the Bailiffs’ Service that the judgment could not be enforced due to the large number of enforcement proceedings against the debtor, and that the procedure for the forced sale of assets belonging to the debtor was blocked by the Law on the Introduction of a Moratorium on the Forced Sale of Property of 26 November 2001.", "7. In 2002 the applicant lodged a complaint with the Slovyansky Town Court against the Bailiffs’ Service for failure to enforce the judgment of 6 September 2000. On 23 May 2003, the court rejected her complaint as unsubstantiated. The court found that the Bailiffs were prohibited from attaching the debtor’s property and, therefore, could not be held responsible for the non-enforcement of the judgment.", "8. In August 2004 the liquidation of the debtor was initiated and, on 7 December 2004, the Bailiffs’ Service transferred the execution writs to the liquidation commission.", "9. The judgment of 6 September 2000 in the applicant’s favour remains unenforced." ]	[ 3, 9 ]
[ "4. The applicant was born in 1956 and lives in the city of Lozova, Ukraine.", "5. On 14 April 1999 the Lozova Town Court ordered the Lozova Town Department of Education to pay the applicant UAH 1,407.14[1] in salary arrears.", "6. On 7 June 1999 the Lozova Town Bailiffs’ Service instituted enforcement proceedings in respect of that judgment.", "7. In October 2001 the applicant instituted proceedings in the same court against the Bailiffs’ Service for failure to enforce the judgment in her favour. On 24 May 2002 the court found against the applicant, finding no fault on the part of the Bailiffs. The court held that the judgment could not be enforced because of a lack of funds in the State budget.", "8. On 13 August 2002 and 30 January 2003, respectively, the Kharkiv Regional Court of Appeal and the Supreme Court of Ukraine upheld the judgment of 24 May 2002.", "9. On 24 November 2004 the judgment of 14 April 1999 was enforced in full." ]	[ 3, 9 ]
[ "6. The applicant was born in 1981 and lives in Elazığ.", "7. On 20 June 1991 the applicant was seriously injured in an explosion of a bomb placed in the garden of the Military barracks in Gaziosmanpaşa district of İstanbul. He was ten years old at the time of the events.", "8. On 10 February 1992 the applicant’s father, acting as his legal guardian, filed a petition with the Ministry of Internal Affairs requesting compensation for the damage the applicant had sustained. The Ministry of Internal Affairs rejected this request on 15 April 1992.", "9. On 3 June 1992 the applicant’s father brought an action for compensation before the İstanbul Administrative Court against the Ministry of Internal Affairs (hereinafter “the respondent”).", "10. On 16 June 1992 the case was notified to the respondent which submitted its observations on 11 August 1992.", "11. On 3 March 1993 the İstanbul Administrative Court dismissed the respondent’s preliminary objection.", "12. Between 3 March 1993 and 4 December 1994 the first-instance court took certain procedural decisions on 10 December 1993, 27 June 1994 and 16 September 1994.", "13. On 4 December 1994 the İstanbul Administrative Court considered that there was neither fault nor negligence attributable to the authorities and dismissed the case.", "14. On 30 January 1995 the applicant appealed against the aforementioned decision and requested the suspension of the execution of the judgment. On 30 January 1995 the applicant paid the expenses pertaining to the appeal procedure. The applicant was warned that the amount paid was insufficient and on 30 March 1995 he paid the remaining costs of the appeal procedure.", "15. On 3 May 1995 the Supreme Administrative Court dismissed the applicant’s request for a suspension of the execution of the judgment of 4 December 1994.", "16. On 16 November 1995 the Supreme Administrative Court quashed the judgment of the first-instance court. The court referred to the doctrine of “social risk”, which did not require the establishment of any causal link between the harmful action and the loss, and reasoned that the damage caused by terrorism should be shared by the society as a whole in accordance with the principles of “justice” and “social state”.", "17. On 15 March 1996 the respondent requested the rectification of the judgment of the Supreme Administrative Court.", "18. On 9 March 1998 the Supreme Administrative Court dismissed the request of the respondent.", "19. On 30 September 1998 the Istanbul Administrative Court decided to abide by the judgment of the Supreme Administrative Court.", "20. On 27 November 1998 the case-file was sent to an expert. On 29 December 1998 the expert submitted its report to the Court.", "21. On 17 February 1999 the Istanbul Administrative Court awarded the applicant an amount of compensation for pecuniary and non-pecuniary damage with legal interest running from 18 February 1992.", "22. On 30 April 1999 the judgment became final.", "23. On 18 September 2000 the applicant was paid the due amount of compensation." ]	[ 3 ]
[ "4. The applicant was born in 1942 and lives in the city of Pavlograd, Ukraine.", "5. The applicant is the former employee of the Pavlogradska State Mine. He is suffering from an occupational disease.", "6. On 24 January 2002 the Pavlograd City Court ordered the mine to pay the applicant UAH 24,352[1] in occupational disability allowance arrears.", "7. On 27 February 2002 the Pavlograd City Bailiffs’ Service instituted enforcement proceedings in respect of that judgment.", "8. According to the Government, the judgment was partially enforced in instalments: during the periods of April – December 2002 and August – December 2003 the applicant received a total of UAH 10,227[2], and on 19 July 2004 he received UAH 1,972[3].", "9. On 12 October 2004 the applicant was paid the remaining amount of the judgment debt (UAH 12,153[4]).", "10. On 15 October 2004 the Bailiffs’ Service terminated the enforcement proceedings in view of the full enforcement of the judgment given in the applicant’s favour." ]	[ 3 ]
[ "4. The applicant was born in 1936 and lives in the city of Donetsk, Ukraine. She is a retired judge of the Donetsk Regional Court of Appeal.", "5. On 5 April 2002 the Pecherskyi District Court of Kyiv ordered the Ministry of Finance of Ukraine to pay the applicant UAH 4,187.97[1] in pension arrears (involving a special retired judges’ allowance). The court held that the amount of the award should be seized from a specific account of the State Treasury.", "6. The judgment was not appealed against and became final on 17 May 2002. On the same date the Pecherskyi District Court of Kyiv submitted the writ of execution for that judgment to the Pecherskyi District Bailiffs’ Service of Kyiv for initiation of the enforcement proceedings.", "7. On 22 December 2003 the Bailiffs’ Service returned the writ to the applicant because of the absence of relevant allocations from the State Budget.", "8. The applicant challenged the decision of 22 December 2003 before the Golosiyvskyi District Court of Kyiv. On 26 April 2004 the court found in part for the applicant and quashed the decision of 22 December 2003. It also ordered the Bailiffs’ Service to renew the enforcement proceedings.", "9. On 29 April 2005 the judgment was enforced in full." ]	[ 3, 9 ]
[ "4. The applicants were born in 1967, 1959 and 1970, respectively. All three live in Kyiv.", "5. On 26 June 1996 criminal proceedings against the applicants were instituted.", "6. On 31 June 1996 A.D. was arrested on suspicion of fraud and theft. On 16 August 1996 V.S. and, on 19 August 1996 A.A., were arrested on similar charges. The prosecution’s case was that the applicants had fraudulently (using false documents) converted and subsequently sold an apartment belonging to Mr K.", "7. During the investigation the prosecution authorities obtained several economic expert opinions regarding the suspect transaction.", "8. On 3 March 1997 the Kyiv City Prosecutor approved the indictment and referred the case to the Kyiv City Court, requesting it to determine the territorial jurisdiction in the case. On 5 March 1997 the Kyiv City Court (hereafter “City Court”) remitted the case to the Shevchenkovsky District Court of Kyiv (hereafter “the District Court”). The applicants stood trial on charges of theft, fraud, and embezzlement of official documents (A.D.), fraud and forgery (V.S.) and fraud and theft (A.A.).", "9. On 2 April 1997 the District Court committed the applicants for trial.", "10. On 3 April 1997 the District Court released A.A. and V.S. on bail of UAH 3,000 each (approximately USD 1,500 at the material time) and an undertaking not to abscond. On 19 May 1997 A.D. was also released on bail of UAH 4,000 (approximately USD 2,000) and an undertaking not to abscond. On 27 May 1997 the applicants’ bail was raised to UAH 17,000 (approximately USD 8,500) each.", "11. Between April 1997 and June 1998 the District Court listed 22 hearings (14 between September 1997 and June 1998). Ten hearings were adjourned mainly due to the failure of the victim, witnesses and the applicants’ lawyers to appear in court. In the course of the proceedings on 24 October 1997 the court issued a compulsory summons for the witness F.", "12. On 22 June 1998 the District Court decided to remit the case for further inquiries on account of the insufficiency of the original investigation. The court stated inter alia, that the investigative authorities had failed to establish the whereabouts of one of the key witnesses, F., which made it impossible for the court to summon her to give evidence. The prosecution appealed against this decision. The decision was, apart from one point, quashed by the City Court in its ruling of 6 August 1998 because the flaws in the investigation indicated in this decision could be remedied during the trial. However, the City Court upheld the findings of the District Court that the charges of aggravated embezzlement filed against A.D. needed additional investigation.", "13. The trial resumed on 2 November 1998. During the period November 1998 to April 2000 thirty hearings were scheduled, of which seven were held. Fifteen hearings were cancelled due to the victim’s failure to appear, five hearings were adjourned on account of the applicants’ absence and on two occasions the presiding judge was ill. In particular, the hearing scheduled for 12 May 2000 was adjourned until 17 May 1999 on account of V.S. being on a mission. On 15 March 2000 he lodged with the trial court a successful request for permission to go to the Russian Federation for medical treatment.", "14. On 20 April 2000 the District Court remitted the case for further investigation, referring to the similar circumstances in its decision of 22 June 1998. The prosecution’s appeal out of time was rejected by the City Court on 28 September 2000. On 18 January 2001 the Kyiv City Prosecutor lodged a supervisory protest (an extraordinary appeal) against the decision 20 April 2000. On 29 January 2001 the Presidium of the City Court granted the protest and remitted the case to the first instance court for further consideration.", "15. The District Court resumed the examination of the case on 4 April 2001. Between April 2001 and July 2002 the court listed 23 hearings of which 13 were adjourned due to the failure of the victim (on 9 occasions), the applicants (on 3 occasions) and the prosecutor (on one occasion) to appear. In the course of the proceedings on 24 April and 21 May 2001 the court ordered the compulsory summons of the victim.", "16. On 17 July 2002 the District Court disjoined the proceedings concerning the charges of theft and embezzlement of documents (A.D. and A.A.) and remitted the case in this part for additional investigation.", "17. On 19 July 2002 the District Court terminated proceedings concerning the charges of fraud (all three applicants), embezzlement of documents (A.D.) and forgery (V.S.) as time-barred, lifted the bail condition and ordered the return of the bail money.", "18. According to both parties’ submissions, the criminal proceedings for (presumably) theft against A.D. and A.A. are still pending." ]	[ 3 ]
[ "4. The applicant was born in 1928 and lives in Budapest.", "5. On 29 January 1996 the applicant brought an action against several respondents, claiming fees for the use of garages owned by him. Some defendants brought counterclaims against the applicant, claiming that they had made payments for the use of certain garages in respect of which their ownership was later established by court decisions.", "6. The Buda Central District Court held hearings on 27 June and 13 December 1996, as well as on 10 and 28 February 1997. On 10 June 1997 an expert was appointed.\nFurther hearings took place on 11 July and 7 November 1997.", "7. On 19 November 1997 the District Court dismissed the applicant’s action and ordered him to pay the claimed amounts to the respondents.", "8. On appeal, on 24 February 1999 the Budapest Regional Court held a hearing. On 14 May 1999 it partly changed the first-instance judgment and reduced the amount payable by the applicant.", "9. On 26 July 1999 the applicant filed a petition for a review by the Supreme Court. On 20 and 21 October 1999 the respondents filed their observations in reply. The applicant submitted a reply on 8 December 1999.", "10. On 28 June 2001 the Supreme Court upheld the Regional Court’s decision. This decision was served on the applicant on 3 September 2001." ]	[ 3 ]
[ "4. The applicant was born in 1946 and lives in the city of Lugansk, Ukraine.", "5. On 17 April 2000 the Leninsky District Court of Lugansk ordered the State Enterprise “Luganskyi Stankobudivnyi Zavod” to pay the applicant UAH 1,219.10[1] in salary arrears and other payments.", "6. On 20 July 2000 the Leninsky District Bailiffs’ Service instituted enforcement proceedings in respect of that judgment.", "7. In May 2001 the applicant lodged with the Leninsky District Court of Lugansk a complaint alleging the unlawfulness of the Bailiffs’ Service’s inactivity in respect of the enforcement of the judgment in his favour. On 15 May 2001 the court found against the applicant, finding no fault on the part of the Bailiffs. The applicant did not appeal in cassation against that decision.", "8. In March 2002 the applicant instituted proceedings in the same court against the Bailiffs’ Service seeking compensation for failure to enforce the judgment. On 7 May 2002 the court rejected the applicant’s claim as being unsubstantiated.", "9. On 12 September 2002 and 5 May 2003, respectively, the Lugansk Regional Court of Appeal and the Supreme Court of Ukraine upheld the judgment of 7 May 2002.", "10. In two instalments of 11 and 27 October 2004 the amount of the judgment debt was transferred to the Bailiffs’ deposit account. On the same dates the applicant was invited to provide the Bailiffs’ Service with his bank account details in order that they transfer the amount of the award.", "11. The applicant informed the Bailiffs’ Service that he did not wish to take the money before the Court decided on his application." ]	[ 3 ]
[ "4. The first applicant was born in 1951 and lives in the city of Zhovti Vody, Ukraine. The second applicant was born in 1980 and lives in the same city. They both were employed by the Electron-Gaz Company, in which the State held 99.96% of the share capital.", "5. By two decisions of 9 March and 21 December 1999, the Zhovti Vody Town Court ordered the company to pay the first applicant a total amount of UAH 4,118.15[1] in salary arrears.", "6. In April 1999 and January 2000, respectively, the Zhovti Vody Town Bailiffs’ Service instituted enforcement proceedings in respect of the above judgments.", "7. On 29 December 1999 the Zhovti Vody Town Court ordered the same company to pay the second applicant UAH 1,164[2] in salary arrears.", "8. On 17 January 2000 the Zhovti Vody Town Bailiffs’ Service instituted enforcement proceedings in respect of that judgment.", "9. By a number of letters of 2002 and 2003, the Bailiffs’ Service informed the applicants that the judgments given in their favour could not be enforced due to the large number of enforcement proceedings against the debtor and the fact that the procedure for the forced sale of assets belonging to the debtor had been suspended because of the moratorium on the forced sale of property belonging to State enterprises introduced by the Law of 29 November 2001.", "10. On 21 December 2004 the Bailiffs’ Service terminated the enforcement proceedings in view of the full enforcement of the judgments given in the applicants’ favour.", "11. According to the applicants, the judgments were fully enforced on 22 December 2004." ]	[ 3, 9 ]
[ "4. The applicant was born in 1942 and lives in Budapest.", "5. On 25 June 1993 the Social Security Directorate of Budapest and Pest County requested that an order for payment be issued against the applicant on account of her overdue social security contributions.", "6. On 30 July 1993 the applicant filed with the Directorate a court action contesting the order and, simultaneously, claiming damages. However, the Directorate only forwarded the action to the Pest Central District Court on 21 March 1995.", "7. Hearings took place on 25 April and 27 November 1996. On that latter date the applicant failed to appear and the proceedings had to be stayed. On 27 February 1997 the applicant requested that the proceedings be resumed and, on 28 April 1997, that her claim for damages be transferred to the competent court. The principal proceedings resumed and a hearing was held on 27 January 1998. On 15 April 1999 the respondent was released from the case and replaced by the Tax Authority’s competent Contributions Directorate. The court held a further hearing on 15 September 1999. On 7 December 1999 the District Court dismissed the applicant’s action and upheld the Directorate’s order for payment.", "8. On appeal, the Budapest Regional Court held two hearings and obtained the opinion of an expert accountant. On 22 May 2001 it gave judgment, reducing the amount payable by the applicant. The decision was served on the applicant on 20 June 2001.", "9. Meanwhile, in the proceedings for damages, the applicant’s claims were transferred to the competent bench of the Budapest Regional Court on 26 August 1997. On 15 October 1997 she extended her claims to include another respondent. After an exchange of observations between the parties, hearings took place on 9 April and 1 October 1998 and 4 March 1999. During this period, the applicant was repeatedly instructed to submit evidence to support her claims. On 22 April 1999 she filed a medical certificate justifying that, for health reasons, she had not been able to do so earlier. On 30 April 1999 the court appointed a medical expert.", "10. At the hearing on 1 July 1999 the applicant did not appear. Following an exchange of observations concerning the opinion of the expert and the submission of the applicant’s amended claims, another hearing took place on 2 November 1999. The applicant again changed her claims on 8 November 1999 and 21 March 2000, extending her action to include yet another respondent. Further hearings took place on 28 March and 19 September 2000. On 30 November 2000 the court suspended the proceedings pending the termination of the case concerning the order for payment.", "11. The proceedings resumed on 2 October 2001. Subsequently, the applicant extended her action to include a fourth respondent. The court held a hearing on 21 March 2002 and invited to applicant to specify her claims. She did so on 10 September 2002. Subsequently, she extended her action to include a fifth respondent. Another hearing took place on 3 October 2002. On 3 February 2003 the Regional Court gave judgment, finding in part for the applicant.", "12. On 2 October 2003 the Budapest Court of Appeal upheld this decision and on 26 February 2004 the Supreme Court rejected the applicant’s petition for review." ]	[ 3 ]
[ "9. The applicants, Chriso Kakoulli, Andreas Kakoulli, Martha Kakoulli and Kyriaki Kakoulli, were born in 1944, 1969, 1972 and 1970 respectively. The first, third and fourth applicants live in Avgorou and the second applicant lives in Paralini. The first applicant is the widow and the other applicants are the children of Petros Kyriakou Kakoulli, a Greek Cypriot who died on 13 October 1996.", "10. In the early hours of 13 October 1996 Petros Kyriakou Kakoulli and his daughter’s fiancé, Panikos Hadjiathanasiou, drove to an area called Syrindjieris, situated near the Achna roundabout in the British Sovereign Base Area (SBA) of Dhekelia, to collect snails. After a time, they separated and agreed to meet up at about 7.30 a.m. to return to their village.", "11. A villager from Avgorou, Georgios Mishis, who was also collecting snails on the north side of the main road, saw the victim standing in a field approximately 70 metres away from him. He also saw a Turkish soldier approximately 10 metres from Mr Kakoulli pointing his rifle at him and a second Turkish soldier approaching him. Georgios Mishis heard Mr Kakoulli ask the first soldier, in Greek, whether he spoke Greek, to which there was no response. At that moment, the two soldiers caught sight of Mr Mishis and one of them pointed a weapon at him. Mr Mishis then backed away.", "12. At this moment Mr Mishis saw an SBA police patrol vehicle on the road and told the driver, Constable Pyrgou, what he had seen. Constable Pyrgou immediately reported the incident to Sergeant Serghiou of the SBA police at Ayios Nikolaos.", "13. Shortly after Mr Mishis had seen Mr Kakoulli surrounded by Turkish soldiers, Panikos Hadjiathanasiou, who was searching for Mr Kakoulli, saw him at a distance of approximately 400 metres inside the territory of northern Cyprus. Panikos Hadjiathanasiou then heard the soldiers issue a command in Turkish to stop. Upon hearing these words, Mr Kakoulli remained still and raised his hands above his head. Panikos Hadjiathanasiou saw two Turkish soldiers in combat uniform drop to battle positions on the ground approximately 40 metres from the victim and aim their rifles at him. Immediately afterwards, Panikos Hadjiathanasiou heard a shot and saw Mr Kakoulli fall down. Mr Hadjiathanasiou heard a second shot immediately after the first.", "14. A few minutes later, while Mr Kakoulli was still lying on the ground, Mr Hadjiathanasiou saw one of the Turkish soldiers move and fire a third shot at him from a distance of about 7 to 8 metres from where he was lying.", "15. Following orders from Sergeant Serghiou of the SBA police, Constable Duru Chorekdjioglou (a Turkish-Cypriot member of the SBA police) and Constable Petros Kamaris (a Greek-Cypriot member of the SBA police) arrived at the Achna roundabout, where they met Panikos Hadjiathanasiou, who explained what had just happened.", "16. Constable Duru Chorekdjioglou spoke to a Turkish lieutenant who told him that a Greek Cypriot had entered the territory of northern Cyprus and had been shot by Turkish soldiers. The officer said that the Greek Cypriot was dead.", "17. The officer allowed Constable Duru Chorekdjioglou to see the body of the deceased though not to touch or examine it. Constable Duru Chorekdjioglou reported that Mr Kakoulli appeared to be dead.", "18. Sergeant Engin Mustafa of the SBA police (a Turkish Cypriot), together with two Turkish soldiers, also visited the scene of the killing and saw the body. The Turkish soldiers told Sergeant Engin Mustafa that Mr Kakoulli had been shot because he had entered “their area” and had refused to obey warnings to stop.", "19. Divisional Commander R.H. Weeks of the SBA police, together with Sergeant Engin Mustafa, entered northern Cyprus and spoke with a Turkish officer who told him that Turkish soldiers had shot and killed Petros Kyriakou Kakoulli because he had entered the territory of northern Cyprus and had refused to stop.", "20. The same day, Superintendent Mathias Cosgrave and Inspector Richard Duggan of the Irish Civilian Police (IRCIVPOL), part of the United Nations Forces in Cyprus (UNFICYP), visited the scene, accompanied by Sergeant Engin Mustafa. They found an investigating team from the Turkish forces already present.", "21. Superintendent Anastasiou, Inspector Christou, Sergeant Zonias and Constable Hadjiyasemis of the Republic of Cyprus police visited the area, although not the exact spot where the killing had occurred.", "22. Sergeant Xenofontos and Constables Kapnoullas and Aristidou of the Republic of Cyprus police visited the area and prepared a draft location plan.", "23. Georgios Mishis was escorted back to the scene of the incident, where he pointed out the various locations, which were then photographed by Constable Aristidou.", "24. A Turkish pathologist, Dr İsmail Bundak, carried out an autopsy on the body of the deceased, Mr Kakoulli, at Famagusta General Hospital. According to the Turkish pathologist, the deceased had a wound 5 cm in diameter in his chest, 21.5 cm below his left nipple and 17 cm from the collar bone, two wounds in his back and a wound on his side in line with his right elbow.", "25. Dr Bundak concluded that the death had occurred as a result of internal bleeding caused by a shot to the heart.", "26. According to the report by Superintendent Cosgrave, during the removal of Mr Kakoulli’s clothes, an object fell from his left boot which was described as a type of garrotte, consisting of two black metal handles attached to a length of wire. In addition, an object described as a bayonet in a scabbard was removed from the body’s right boot. Following the autopsy, the body of Mr Kakoulli was taken to Larnaca Hospital under UN escort.", "27. According to the first applicant’s statement to the Republic of Cyprus police, her husband had only a red plastic bucket with him and had no object such as a bayonet or a garrotte, or any other kind of weapon.", "28. On 14 October a second autopsy was conducted in Larnaca Hospital by Dr Peter Vanezis. In his preliminary report Dr Vanezis stated that there were three sets of gunshot wounds to the body. The report stated the following:\n“An entry wound on the right side of the neck, just below the right ear, with an exit wound at the back of the neck. This bullet had left the body without causing any damage to vital organs. A second entry wound on the right side of the trunk and an exit wound on the right side halfway down the back. This bullet appeared to have caused soft tissue damage with minor injury to the lungs but was not fatal. A third entry wound on the left side of the trunk towards the back with a steep upward direction into the body. This bullet had exited from the left side of the front of the chest, causing a large exit wound. This wound was fatal, as it had caused severe damage to the left lung and the heart, resulting in severe internal haemorrhage.”", "29. Until the second autopsy was concluded in Larnaca Hospital, IRCIVPOL had sole responsibility for the body. Before that, the body was in the sole custody of the Turkish forces.", "30. On 15 January 1997 Dr Vanezis prepared a final report in Glasgow. He concluded that the second set of wounds had been inflicted by a shot fired while Mr Kakoulli had his hand raised and that the third set of wounds were consistent with a shot fired into the body while Mr Kakoulli was lying on the ground or crouching down.", "31. The Government maintained that Petros Kyriakou Kakoulli had violated the ceasefire line and had entered the territory of the “Turkish Republic of Northern Cyprus” (“TRNC”). He was warned verbally and by hand gestures. However, he did not stop and continued to run towards the boundary. One of the soldiers approached him and fired warning shots in the air. Petros Kyriakou Kakoulli took no notice of this shot and consequently a second shot was fired at the ground in order to stop him. As he continued to run away, a third round was fired at him below his waist, which apparently caused the fatal wound. The Government referred to the United Nations Secretary-General’s report, which stated: “in a serious incident that occurred on 13 October 1996, a Greek Cypriot was shot three times and killed by a Turkish-Cypriot soldier after crossing the Turkish force’s ceasefire line”.", "32. Neither the UN nor the British Sovereign Base authorities carried out an investigation of their own as the scene of the incident was within the territory of the “TRNC”.", "33. The Government further referred to various violent incidents which had taken place in the border area and between the ceasefire lines of the two sides between August and October 1996. The United Nations Secretary‑General’s report, submitted to the Security Council on 10 December 1996, stated that the period under review had seen an increase in the level of violence and tension along the ceasefire lines. The tension rose in early August 1996 owing to the Greek-Cypriot demonstrations at the border area and the ceasefire lines. Violent disturbances and riots took place on 11 and 14 August 1996 in the Dherinia area and in the vicinity of Ayios Nikolaos (Güvercinlik), alongside the British SBA. During these events, two Greek Cypriots were killed. On 8 September 1996 two Turkish soldiers on sentry duty were shot with automatic weapons fired from the SBA into the territory of the “TRNC”. One of the soldiers died as a result and the other was seriously wounded.", "34. The Government emphasised the fact that Petros Kyriakou Kakoulli had crossed the Turkish-Cypriot ceasefire line into the territory of the “TRNC”, in the same area where the two Turkish soldiers had been shot. There were strong reasons to believe that Mr Kakoulli, who was a retired fireman, would not have crossed into the “TRNC” territory by mistake, particularly at a location where there were signs in Turkish and Greek indicating the border. Mr Kakoulli had been in possession of a garrotte and a bayonet at the material time, which constituted a strong presumption that he had a sinister motive. His act of carrying a bucket apparently to collect snails was a cover for his real motive.", "35. The death of Mr Kakoulli had not been a deliberate act, the Government asserted, but an attempt to maintain security in a highly tense environment. The incident had occurred during a period when tension at the border between the north and south of Cyprus was extremely high. Given the circumstances of the dangerous situation created by the Greek-Cypriot authorities, the Turkish soldiers had been fully justified in taking all necessary precautions and using the necessary force in order to remove the danger and threats of the ceasefire being broken and to protect the lives of others.", "36. The parties submitted various documents concerning the investigation into the killing of Petros Kakoulli. These documents, in so far as they are relevant, are summarised below. 1.Documents submitted by the applicants\n(a) Statements taken by the Sovereign Base Areas Police\n(i) Statement by Panikos Hadjiathanasiou", "37. Mr Panikos Hadjiathanasiou is the fiancé of Mr Petros Kyriakou Kakoulli’s daughter. He accompanied Mr Kakoulli to collect snails on the day of the impugned incident. In his statements he claimed, inter alia, the following:\n“...After the rainfall at my village, I agreed with my father-in-law to go together this morning (13 October) to collect snails. So, today in the morning I set off with my father-in-law in my car, which I was driving. We took a bucket each in which to put snails... At approximately 6.30 a.m. we went to a point on the main Vrysoulles-Dhekelia road near a bridge. I stopped my car under some eucalyptus trees, on the left side of the main Vrysoulles-Dhekelia road, by the former Achna police station. We alighted from the vehicle, we each took our buckets and we proceeded south, towards the Avgorou side to collect snails. Because there were no snails to find, my father-in-law said that we should separate. He proceeded towards the lower side of the hill from the right, while I proceeded towards the left, intending to cover the whole lower side of the hill, and then to meet at the opposite side. The area in question is situated south of the main Vrysoulles‑Dhekelia road. We started walking and I saw my father-in-law following a route in parallel to the main road and passing the bridge that is at the bottom of the hill by the Achna roundabout. As soon he had proceeded about 20-25 metres after the bridge, I lost sight of him as I had proceeded further and the hill was in between us... Before separating, my father-in-law told me that he was intending to go by the UN observation post, which is opposite the former Achna police station. The main Vrysoulles-Dhekelia road is controlled by the British Bases. Approximately between 7.05 and 7.10 a.m., as we had agreed to return to the village, I started calling him, “Father! Father!”, but did not receive any reply. Whilst doing so I was walking towards the hill so I could have a better view and be able to see him. Whilst walking, I heard shouting in the Turkish language coming from the direction of the former Achna police station, which is in the Turkish-occupied area. On hearing the shouting, I ran towards the hill, I climbed it and I could see the surrounding area and the former Achna police station. I saw my father-in-law standing by an acacia tree at the rear of the Achna police station, facing towards the Turkish-occupied area... The distance between myself and my father-in-law was approximately 400-450 metres... He was holding his bucket with his left hand, but nothing in his right... I heard someone shouting at him something like a military command, which consisted of three words that were short and sharp in tone, and I understood the first word to be ‘DUR’. The other two words which I heard had a short interval between them but I did not understand them. On hearing those words, my father-in-law remained still; he left the bucket on the ground, and raised his hands up to the level of his head. Simultaneously, I saw in front of my father-in-law, at a distance of approximately 30‑40 metres, two men dressed in camouflage combat uniform. They were wearing helmets and were carrying ‘G3’-type rifles. They fell to the ground in front of him and, taking up battle position, aimed their rifles towards his chest and abdominal area. As soon as they fell to the ground, I heard a shot and saw my father-in-law kneeling on the ground and then falling down... Once he fell to the ground, I lost sight of him because of the presence of the acacia tree. Immediately afterwards I heard a second shot. Three or four minutes later, while my father-in-law was still on the ground, I saw one of the two Turkish soldiers standing up and, pointing his rifle forwards, proceeding towards the point where my father-in-law was, with his back arched. He approached within a distance of 7-8 metres of him, straightened up, aimed his rifle towards the point where my father-in-law was and fired another shot... At the time of the shootings, I saw that on the road between myself and the place where my father-in-law was shot, there were three Greek Cypriots. One of them was Georghios Mishis from Avgorou... The Turkish soldier, having fired the third shot, retreated to the point where the other soldier was lying on the ground and afterwards, both of them started walking backwards aiming their rifles towards the main road, and disappeared behind the slope at the rear of the Achna police station... I am sure that my father-in-law was shot and murdered at 7.25 a.m., because I saw my watch...”\n(ii) Statement by Georgios D. Mishis", "38. The witness is a fellow villager of Petros Kyriakou Kakoulli. He stated, inter alia:\n \n“...Today at about half past five in the morning, and because of the rain during the previous night, I woke up to go and collect snails... I was alone and drove to the Syrindjieris territory situated near the Achna roundabout on the main Vrysoulles-Dhekelia road ... About six o’clock when there was daylight I was walking on the right side of the main road in the direction of the former Achna police station and started collecting snails... Whilst collecting snails I heard a noise to my rear. I turned back and saw my co-villager Petris the fireman, who is the brother in-law of Kykkos Papettas. He was collecting snails as well, holding a bucket... I continued walking up and down up to the fence of the police station and Petris must have been collecting snails in the same area. After three-quarters of an hour from the time we met with Petris, I walked back down the hill for about 2 or 3 acres from the fence of the police station. To my left in the Turkish-occupied area I then saw Petris and, further back down, about 20-30 feet away from where Petris was, a Turkish soldier with his weapon aimed at him. Petris was at that time approximately 300 metres from where I was standing. At the same time another soldier approached from the direction of the Turkish observation post and Petris asked him if he could speak Greek. I heard Petris clearly asking the latter soldier: ‘Do you know Greek?’. The soldier did not say ‘yes’ or ‘no’ to him. I then went on to the main road and stopped a car which was approaching from the direction of Vrysoulles and requested the driver to call the police... I told him to call the police because the Turks had captured one of us further down, and pointed out to him the direction where I had seen Petris and the Turkish soldiers... After that I started walking to the right down the road where the eucalyptus trees are, towards Avgorou... After about a quarter of an hour from the time I last saw Petris with the Turks I heard two shots and soon, after a few minutes, maybe five minutes, a third shot. On hearing the two shots I saw in front of me the son-in-law of Petris, namely Panikos, approaching from the direction where the water engine is or just beyond the eucalyptus trees. He said to me that the Turks had shot his father-in-law. The time I heard the third shot, I was together with Panikos and we were just getting ready, before hearing the third shot, to stand up and see if we could see Petris, but because of the third shot we sat down. The first two shots I heard were one after the other whilst the third shot was heard about two to three minutes later...”\n(iii) Statement by Constandinos Ioannou Ioannou", "39. The witness, who lives on the Vrysoulles refugee housing estate, was collecting snails in the same area where Petros Kyriakou Kakoulli met his death. He stated, inter alia:\n“...At about 7.25 a.m. I heard a shot and within a short period of time another one, coming from the east of the police station in the occupied area. Because at that time I was in a dried-out river, I could not identify what was happening at the police station... When I returned to my car I saw one young person who looked panic-stricken and told me that the Turkish troops had shot his father-in-law on the eastern side of the police station... I forgot to tell you that as I was heading towards my car I heard a third shot coming from the same direction. While I was with this person he told me he was called Panikos and that he lived in Avgorou, also that his father-in-law who was shot by the Turks was called Petros Kakoulli. While talking with Panikos I noticed that at the point where he showed me the Turks had shot his father-in-law there were two Turkish soldiers with camouflage clothing armed with rifles...”\n(iv) Statement by Police Sergeant Engin Mustafa", "40. The witness is a police sergeant at the SBA. On the day of the impugned incident he was on duty at the base. He stated:\n“...On the same day about at 8 a.m. I was on mobile patrol, dressed in uniform, in a marked police vehicle, in the Ormidia Xylophagou area when I received a message to the effect that there was a border incident around the village of Achna, where a Greek Cypriot had been shot by the Turkish army. I proceeded to the scene, along the Larnaca Famagusta main road by the Achna roundabout. My arrival time was 8.20 a.m... I proceeded about 175 metres north-west, escorted by two Turkish soldiers, where I saw the body of one male person lying face down on the ground, who seemed to be showing no signs of life. He looked to be in his fifties. He was wearing a grey shirt, jeans and wellington boots. There was a red plastic bucket with some snails inside it on the ground to the left of the lifeless person. I now know the name of the deceased to be Petros Kakoulli. I was informed by the Turkish army officer at the scene that the Turkish soldiers had shot the man in question at 7.30 a.m. the same day because he had entered their area and failed to obey when challenged...”\n(v) Statement by Divisional Commander (East) R.H. Weeks", "41. The witness is the Commander of the Dhekelia Division of the SBA Police. He stated, in so far as relevant:\n“...At 8.50 [on 13 October 1996], I went to the area of the alleged shooting and met with PS Engin Mustafa of the SBA Police. PS Mustafa reported to me that a man, identified as one Petros Petrou Kakoulli, had been shot dead by Turkish soldiers inside the TCA about 175 metres north of Boundary Stone 155... Together with PS Mustafa I entered the TCA and walked to a point about 175 metres to the north of Boundary Stone 155 and some 40 metres to the east of it where I saw the body of a male person laying face down on the ground with his head turned to the right. From the appearance of the body I believed him to be dead, although I was not permitted to touch the body to ascertain if there was any possibility of life. I noted that the body was of a middle-aged male, wearing a white-coloured summer shirt with light-coloured markings around the upper back area, blue denim jeans with a black leather belt and black wellington boots. Lying near the left shoulder of the body was a red-coloured plastic 2 gallon bucket that contained some snails. I could see blood stains on the edges of the shirt emerging from the front of the body as it lay on the ground. There was no sign of blood or wounds on the back of the body. I asked the Turkish NCO if he could tell me what had happened. He told me that at about 7.30 a.m. one of the sentries had seen the deceased moving on foot within the Turkish-controlled area. The sentry challenged the man but he did not stop. The sentry challenged the man a second time but he still did not stop so the sentry shot him twice. The man still managed to move a further 15 to 20 metres to the south and the sentry shot him a third time...”\n(vi) Statement by Chryso Kakoulli", "42. The witness is the wife of the deceased, Mr Petros Kakoulli. She claimed that her husband had left the family house with a bucket to collect snails. She disputed the allegation that her late husband was in possession of a knife and a wire rope and stated that such an allegation must have been advanced to cover up his murder.\n(vii) Statement by Police Constable M. Pyrgou", "43. The witness, a police constable stationed at the SBA Police Station in Ayios Nikolaos, saw a middle-aged person holding a basket, collecting snails on the main road in the direction of Larnaca. This person told the witness that somebody had been arrested by the Turkish forces and asked him to take action. The witness called Sergeant Serghiou at the Ayios Nikolaos Police Station and requested him to dispatch a patrol and also to inform the relevant agencies.\n(viii) Statement by Police Sergeant Antonios Serghiou", "44. The witness is a police sergeant stationed at the SBA Police in Ayios Nikolaos. He was on duty at the time of the killing of Petros Kakoulli. After having been informed, by Police Constable M. Pyrgou, about the arrest of a male Greek Cypriot by the Turkish soldiers, the witness instructed Police Constables P. Kamaris and D. Chorekdjioglou to proceed to the scene and to carry out inquiries and to report back. At 8.15 a.m. Mr Chorekdjioglou informed the witness that the person in question was Petros Kakoulli of Avgorou and that he had been shot dead by Turkish soldiers near Achna within the Turkish-controlled area.\n(ix) Statement by Police Constable Duru Chorekdjioglou", "45. The witness is a police constable stationed at the SBA Police in Ayios Nikolaos. He was on duty at the time of the killing of Petros Kakoulli. On the instructions of Police Sergeant Serghiou the witness went to the Achna roundabout, along with Police Constable Kamaris, to inquire into the arrest of Petros Kakoulli. He stated, in so far as relevant, the following:\n“...When I walked close to [Border Stone] 155 some [Turkish] soldiers shouted at me to stay away. I replied to them that I was a Turkish SBA police officer. Still they shouted at me to stay away and I then walked back to the edge of the main road and shouted at them again to ask whether the commander was present. They replied that he was not there. They promised to call me back when he arrived at the scene. At 7.55 a.m. they called me and signalled to me to cross the boundary. I walked into the Turkish-controlled area and met with the Turkish lieutenant, who refused to give me his name. I then asked him if he had seen any Greek Cypriot collecting snails in the area. He said that a Greek Cypriot had crossed the boundary into the Turkish-controlled area and had been shot dead by his soldiers. I then asked him again whether he was dead or wounded, to which he replied that he was definitely dead. Then at 8.05 a.m. the army officer showed me the deceased, who was about 150 metres within the Turkish-controlled area. I saw the body from a distance of ten metres lying on the ground in a prostrate position with the head facing west. I saw blood on the left-hand side of the body; it was pale and looked dead...”\n(x) Statement by Police Constable Petros Kamaris", "46. The witness is a police constable stationed at the SBA Police in Ayios Nikolaos. He was on duty at the time of the killing of Petros Kakoulli. On the instructions of Police Sergeant Serghiou the witness went to the Achna roundabout, along with Police Constable Duru Chorekdjioglou, to inquire into the arrest of Petros Kakoulli. On the way to the Achna roundabout the witness met Panikos Hadjiathanasiou, who told him that his father-in-law had been shot dead by Turkish soldiers. He informed his colleagues at the Ayios Nikolaos Police Station and Dhekelia about the impugned incident.\n(xi) Statement by Superintendent Theofanis Anastasiou", "47. The witness is a police superintendent in Nicosia. He was the head of the police squad which visited the scene of the killing of Petros Kakoulli. Following his visit the witness concluded that Mr Kakoulli had been kidnapped by armed Turkish soldiers, transferred into the Turkish-occupied areas and shot dead. He was involved in the preparation of topographical sketches and plans of the scene of the killing and attended the post-mortem examination of the deceased.\n(xii) Statement by Chief Superintendent Nathanael Papageorgiou", "48. The witness was involved in the investigation into the killing of Petros Kakoulli. He stated that Mr Kakoulli had been shot dead by Turkish soldiers while collecting snails 40 metres inside the Turkish-occupied areas. He attended the post-mortem examination of the corpse of Mr Kakoulli at Larnaca Hospital.\n(xiii) Statement by Police Inspector Marcos Christou", "49. The witness is a police inspector in the Famagusta Police Division in the village of Paralimni. He was appointed as the investigator in the case of the killing of Petros Kakoulli. He visited the scene of the killing and supervised the taking of statements in connection with the incident. With reference to the statements of Panikos Hadjiathanasiou and Georgios Mishis, the witness found that Petros Kakoulli had been shot dead by Turkish soldiers while collecting snails in the Turkish-occupied area. He noted that on 14 October 1996, approximately 27 hours after the killing, an autopsy had been carried out on the body of the victim in the presence of Turkish and United Nations officials and that a garrotte, consisting of two metal handles attached to a string of wire, and a 33-centimetre bayonet had fallen down when the boots of the deceased had been removed.\n(xiv) Statements by Police Constables S. Aristidou and H. Hadjiyasemi", "50. The witnesses are specialist photographers attached to the Criminal Investigation Division at the Famagusta Police Division. They took various photographs of the scene of the impugned incident on 14 October 1996.\n(b) Press releases issued by the United Nations Peacekeeping Force in Cyprus (UNFICYP)", "51. The UNFICYP issued two press releases on 14 and 16 October 1996 concerning, respectively, the killing of Petros Kakoulli and the deaths occurring in the United Nations Buffer Zone.", "52. In the press release of 14 October 1996 it expressed concern that an innocent life, namely that of Petros Kakoulli, had been lost as a result of deplorable and unnecessary force. The UNFICYP qualified the incident as a disproportionate response and stressed that lethal force should not be used by either side against persons who crossed the respective ceasefire lines or entered the United Nations Buffer Zone. It was further noted that the commander of the UNFICYP had requested the commander of the Turkish forces in Cyprus to instruct soldiers under his command not to shoot unless their own lives were threatened.", "53. In the press release dated 16 October 1996 the UNFICYP noted that five deaths in as many months in the United Nations Buffer Zone or adjacent to the ceasefire lines underscored the urgent need for arrangements to avoid the recurrence of similar tragic incidents. It further pointed out that these incidents had highlighted the need to ensure that the rules of engagement applied along the ceasefire lines prevented the use of lethal force except in clear situations of self-defence.\n(c) Post-mortem examination report", "54. Dr Peter Vanezis, from the Department of Forensic Medicine and Science at the University of Glasgow, carried out a post-mortem examination at Larnaca General Hospital on 14 October 1996 on the body of Petros Kakoulli. In his report dated 16 October 1996, in which he summarised his findings, Dr Vanezis stated:\n“The deceased suffered three gunshot wounds to the body as follows:\nOne to the right side of the neck, which entered at a position just below the ear, exited at the back of the neck and did not cause any damage to any vital organs.\nThe second entered through the right side of the trunk and exited at the back at approximately the same level and appeared to have caused soft tissue damage with some minor associated internal injury to the lung, but was not in my view fatal.\nThe third wound was on the left side of the trunk towards the back. It entered the body and its trajectory was steeply upwards into the body at an angle of 45 degrees. It then exited from the left side of the front of the chest, causing a large exit wound. This wound was the fatal wound, causing severe damage to the left lung and the heart with consequent extensive internal bleeding.\nThe first two wounds mentioned were from approximately the same direction and both had approximately horizontal trajectories on entering the body.\nThe third wound was on the other side of the body and had a steep upward trajectory. The position of this wound indicates that the deceased, at the time of receiving this wound, was in a horizontal position either on the ground or crouching.\nThe first two wounds appeared to have been fired at approximately the same time, bearing in mind that their direction and their position on the body are from the same side...”\n \n(d) Sketch maps and photos", "55. The applicants provided the Court with sketch maps and photographs of the scene of the killing of Petros Kakoulli and with the photographs taken during the post-mortem examination carried out by Dr Peter Vanezis.", "56. It is to be noted that Dr Vanezis’s observations concerning the deceased’s body correspond to the photos taken during the post-mortem examination.\n(e) Newspaper reports", "57. Between 14 and 17 October 1996 the daily newspapers Fileleftheros, Agon, Cyprus Mail, Alithia and Simerini reported the killing of Petros Kakoulli. The aforementioned newspapers extensively covered the impugned incident and reported the details of the killing of Petros Kakoulli and the investigation conducted into the impugned incident.", "58. The following documents furnished by the Government pertain to the investigation carried out by the “TRNC” authorities into the killing of Petros Kakoulli.\n(a) Work schedule", "59. This document sets out, in chronological order, the course of action taken by the investigating authorities in relation to the killing of Petros Kakoulli. It includes statements by various witnesses, reports, and decisions by the authorities. It appears that the investigation into the death of Petros Kakoulli was mainly carried out by Inspector Ömer Tazeoğlu, who at the relevant time worked at the Legal Branch of the Gazi Magusa Police Directorate.\n(i) Preliminary investigation", "60. Inspector Ömer Tazeoğlu commenced his investigation immediately after he had learned about the death of Mr Kakoulli, namely at 8.45 a.m. He visited the scene of the incident along with five other police constables at 10.45 a.m. on 13 October 1996. He observed that the incident had taken place on a slope about 300 metres to the south of the guard post code-named Haşim 8, which was under the responsibility of the 2nd Infantry Company of the 6th Infantry Battalion. The area was a first-degree military prohibited area where there were warning signs. At the site on the slope a dead person was lying face down. There was a large pool of blood.", "61. Having completed his preliminary investigation, Inspector Tazeoğlu established that at 6.45 a.m. on 13 October 1996 Privates Harun Avşar and Rezvan Topaloğluları of the Infantry had begun their guard duties. 10 minutes later, they had seen a person about 300 metres from the guard post inside the military prohibited area. Private Avşar was in possession of a weapon. He had approached the person in question and concluded that he was a Greek Cypriot because he spoke Greek. He had signalled to the person to stop. But the person had attempted to run away towards the border fence. Private Avşar had first fired one shot in the air, one shot at the ground and one shot at his legs. Having seen that the person in question had failed to stop, Private Avşar had aimed at him and fired and killed him.", "62. According to the work schedule, Police Constable Osman Pekun took the necessary photographs of the scene of the incident. Police Sergeant Mehmet Deniz drew a plan of the location. Inspector Ömer Tazeoğlu collected five cartridges and took samples from the pool of blood. SBA police officers Engin Çelebi and Bülent Nihat and inspectors and soldiers from the Peace Force visited the location but left without doing anything, given that the incident had taken place within the boundaries of the “TRNC”. At the scene of the incident, the military doctor Ömer Gür examined the body and found two entry holes and two exit holes caused by bullets. The body was then transferred to Gazi Magusa State Hospital for an autopsy. Following the preliminary examination carried out by Dr Sadık Aslansoyu of the State Hospital, the body was put in the morgue and placed under police surveillance.\n(ii) Post-mortem examination", "63. On 14 October 1996 the Gazi Magusa District Court issued an interim order allowing the investigating authorities to carry out a post‑mortem on the body of Petros Kakoulli. The same day at 9.58 a.m. a team comprising Inspector Ömer Tazeoğlu, Assistant Director H. Gurani, Police Sergeants H. Özdoğdu and H. Erkurt, Police Constable O. Pekun and Peace Force officials Major Martin Enk, Sergeant Dalle Robert, Inspector Mathias Cosgrave and Inspector Richard Duggan, as well as Dr İsmail Bundak amd Erdal Özcenk, arrived at the morgue of Gazi Magusa State Hospital. The same day at 10.30 a.m. the body was taken out of the refrigerator by the morgue official Hamza Ulusu and was placed on the post-mortem table in the presence of the aforementioned persons. As the morgue official was removing the boot from the left foot of the body, a garrotte wire (both ends of the laundry wire, which was 68 centimetres long, were attached to a 14.5 cm long iron handle) fell to the ground. The Peace Force officials examined the said object on the spot. Then the Peace Force photographer and Police Constable O. Pekun photographed the object. When the boot was removed from the right foot a bayonet with a brown handle in a scabbard was seen to have been inserted between the right side of the leg and the interior of the boot. In this instance too the Peace Force officials and Police Constable O. Pekun photographed the object. Then the boot was removed and the bayonet and its scabbard measured. The bayonet, together with its scabbard, was 33 cm long. The objects were taken as exhibits.", "64. Between 10.30 a.m. and 12.30 p.m. on the same day Dr İsmail Bundak and Dr Erdal Özcenk carried out the post-mortem examination on the body in the presence of the above-mentioned persons. Twelve X-rays of the body were taken. Doctors took two 10 cc blood samples from the chest cavity of the body and placed them in two separate 10 cc containers for examination. They observed a total of four gunshot wounds; two entry wounds and two exit wounds. Police Constable Osman Pekun took fingerprints and palm prints of the deceased for examination. The autopsy examination established that the cause of death was internal bleeding as a result of shots fired by a firearm. The shots had shattered the left ventricle of the heart and the left lower lobe of the lung. Following the autopsy, the body, the photos, X-rays and the belongings of the deceased were handed over to the Peace Force officials.\n(iii) Statements and reports", "65. Between 14 October 1996 and 20 March 1997 statements were taken from SBA officials, Police Constables Temel Aydın, Türkeş Ergüder, Ahmet Bulduklar, Halil Öztugay, Ahmet Ceylani and Osman Pekun, Private Mehmet Deniz and Inspector Ömer Terzioğlu. Furthermore, witness testimonies were obtained from Infantry Private Rezvan Topaloğluları, the non-commissioned officer Sergeant Ali Ogdu, Infantry Lieutenant Necmettin Ateş, Dr Ömer Gür, Dr Sadık Aslansoyu, Dr İsmail Bundak, Dr Erdal Özcenk, the chemist Hatice Kale, Chief Inspector Abdullah Iraz, Inspector Ömer Tazeoğlu and Inspector Ules Gümüsel.", "66. In a letter of 3 April 1997 Mehmet Özdamar, who was at the relevant time the Deputy Director and Acting Director of the Legal Branch at the Gazi Magusa Police Directorate, submitted a detailed report about the killing of Petros Kakoulli. Mr Özdamar stated, in so far as relevant, the following:\n“[Petros Kakoulli], despite the presence of warning signs, secretly crossed into the TRNC territory near border stone no. 155 and advanced 200 metres inside...\nInfantry Private Harun Avşar first verbally warned Petros Kakoulli and asked him to stop. But the said person attempted to escape by walking away speedily. Following that, Infantry Private Harun Avşar got 10 metres closer to the victim and first fired a single warning shot into the air. When [Petros Kakoulli] continued to run away, Harun Avşar fired another warning shot to the ground. But when he again tried to escape, Harun Avşar fired a single shot in the direction of his legs and then two shots below the waist. Petros Kakoulli was stopped after being shot...\nDuring the removal of Petros Kakoulli’s boots, a garrotte wire hidden in the left boot and a 33 cm bayonet hidden inside the right boot were discovered. Both have been seized as exhibits...\nThe ballistic examination revealed that 5 empty cartridges had been fired by a G3 infantry rifle with the serial number 259550.\nThe comparison of the fingerprints of the victim with the fingerprints found on the bayonet which was found in his right boot showed that the fingerprints on the bayonet belonged to the victim...\nA charge of manslaughter can be brought against someone in the event of a criminal offence or negligence. However, as the testimonies show, Infantry Private Harun Avşar made all the necessary moves to apprehend the person but as a last resort, after giving warnings, opened fire on Petros Kakoulli and shot him.\nIn my opinion, in the light of the existing testimonies, the incident qualifies, under Article 15 (3) (b) and Chapter 154 Article 17 of the Criminal Code, as an act of causing death which does not constitute a criminal offence...”", "67. In a letter of 23 May 1997 Osman T. Naim Enginsoy, who was a Deputy Assistant Attorney-General, instructed the Director General of Police to take no further action on the case and to close it.", "68. In June 1997 the police authorities decided to classify the case concerning the killing of Petros Kakoulli as “no case” and to discontinue the investigation.\n(iv) The Coroner’s decision of 25 August 1998", "69. Having completed the judicial inquest, the Gazi Magusa district judge concluded that Petros Kakoulli had died of injuries caused by shots fired by Infantry Private Harun Avşar after illegally entering the “TRNC” and failing to obey warnings to stop.\n(v) Statement by Inspector Ömer Tazeoğlu", "70. In his statements concerning the conclusions he had reached at the end of the investigation into the killing of Petros Kakoulli, Inspector Tazeoğlu expressed the view that Private Harun Avşar had acted in accordance with the instructions given to him. Private Avşar had given the necessary warnings and had shot and killed Petros Kakoulli because of the latter’s failure to stop. Inspector Tazeoğlu thus concluded that this was a justified killing since Private Harun Avşar had done what his duty dictated. Inspector Tazeoğlu recommended that the case should be classified as “no case”.\n(b) Report by Superintendent Mathias Cosgrave of the Irish Civilian Police (IRCIVPOL), UNFICYP, in Pyla, Cyprus", "71. This report describes the sequence of events concerning the involvement of IRCIVPOL in the investigation into the killing of Petros Kakoulli. It appears that immediately after the killing of Mr Kakoulli, at 11.15 a.m., IRCIVPOL members including Superintendent Cosgrave and Inspector R. Duggan visited the scene of the incident. The IRCIVPOL members did not investigate the incident but merely observed the conduct of the investigation by the “TRNC” authorities from 13 June to 15 June 1996.\n(c) Statement by Infantry Private Harun Avşar", "72. In his statements to the investigating authorities, Infantry Private Harun Avşar claimed the following, in so far as relevant, in relation to his killing of Petros Kakoulli:\n“...Today, on 13.10.1996, Rezvan Topaloğluları and I were on guard duty at Haşim 8... After 5-10 minutes from the time we started our shift, we – I and Rezvan Topaloğluları – saw, approximately 300 or 400 metres from our guard post, a person walking inside our territory. This person was walking in a south-north direction, in other words in the direction of a trail we describe as the patrolling trail. We did not know who this person was. As soon as I saw this person I informed Duty Officer Ali Ogdu via the wireless (radio). He told us over the wireless to continue to keep the person under observation. Then I told my companion, Infantry Private Rezvan Topaloğluları: ‘You stay here; I will go and look at this person.’ And, holding my rifle with a loaded magazine attached to it, I came down from Haşim 8 guard post and joined the trail, advancing towards the border fence... After approaching to about 50 metres from the person, I shouted and asked him what he was doing there. Without saying anything the person continued walking on the slope in the direction of the patrolling trail. Until that moment I could not firmly determine whether this person was a Turk or a Greek Cypriot. So I moved closer to him. The distance between us was about 5-6 metres. This person was high on the slope. At that moment, I sensed that the person could well be a Greek Cypriot. The look of the person was one of bad intent and unease. After that, through hand signals I asked him where he was coming from. Initially the person gave no verbal reply, but he signalled with his right hand and indicated the Turkish side and said something in Greek. But I did not understand what he said. When I was sure that the person was a Greek Cypriot, I removed the safety catch of my weapon and aimed at him. At that moment, the person, while speaking in Greek and making hand signals, started coming towards me. Faced with this situation I shouted in Turkish, telling him to stop, and with my left arm I signalled to him to stop. The person did not stop and continued walking towards me. I, for my part, stepped back a few metres and shouted at my colleague Rezvan and told him to inform the exchange about the situation...\nThe guard Rezvan Topaloğluları heard me. Then I again turned my head towards the person. I shouted and warned the person to stop. After that he stopped walking towards me and started walking towards the border fence. I again shouted and warned him to stop. But this person continued walking away in the direction of the fence while moving his arms and hands saying something in Greek. The distance between this person and the border fence was 200 metres. Following that, I went up to the slope to have a better view of him. The person was still walking towards the border fence. I shouted again and asked him to stop. But he went on walking, waving his hands at the same time. After that the distance between the person and me was about 15 metres. At that point I fired a shot into the air. After hearing the firing of the gun the person quickened his steps. After that I turned my weapon in his direction and fired another shot towards the ground. He again failed to stop and further increased his speed. The distance between us at that moment was about 30 metres. When I realised that the person would not heed my warnings and would cross over to the Greek-Cypriot side, that is I would not be able to catch him, I decided to stop the person by shooting and wounding him. Therefore, while he was walking I aimed my gun roughly at his legs and fired. After that the person stopped momentarily. Until that moment I was not sure if my shot had found its target. Following that, and while he was in a walking position, I fired two rounds, aiming at the person. And the person was shot and fell to the ground. Naturally, the person fell on his right side. I realised that the person was shot. But I did not go near him. I thought there could be others hiding in the area. Therefore, I went up to the hilltop and, hiding behind the rock, began observing and monitoring the area. After that I did not hear any sound coming from the said person.\nThe shooting incident took place at around 7.30 a.m. After 10-15 minutes Company Duty Officer Ali Ogdu arrived at the scene of the incident along with a team of soldiers. I told him what had happened. The soldiers took security measures in the area. As I said, I fired five rounds in this incident...”\n(d) Statement by Infantry Private Rezvan Topaloğluları", "73. At the time of the impugned incident Infantry Private Rezvan Topaloğluları was on guard duty along with Private Harun Avşar at Haşim 8 guard post. In his statements to the authorities he mentioned, in so far as relevant, the following:\n“...Today, on 13.10.1996 at around 6.45 a.m., the duty officer of the company, Non‑commissioned Officer Ali Ogdu, drove Harun Avşar and me to the guard post and we began our guard duties there. Five to ten minutes after the start of our guard duties, we saw a person in civilian dress between our guard post and the border fence and 300 metres away from the post. Immediately after seeing this person my colleague Harun Avşar notified the situation to the exchange via the wireless. However, I am not sure who he talked to. Over the wireless he was told ‘OK, keep an eye on it’. Following that, we continued to keep the person in question under surveillance... This person was approximately 250-300 metres from the border fence inside our territory. After that my colleague told me: ‘I will go and find out who that person is. You stay here and watch...’ The person we saw was to the south of the patrolling trail inside the ‘TRNC’ territory, which was a military prohibited zone. No one is allowed to enter the area where we saw the person without permission... When we first arrived at our post no information was given to us about the presence of a person there. Therefore, we realised that that person could not be someone with permission. As a result, [Harun Avşar] left the post to find out who that person was. Harun left the post holding the G-3 infantry rifle, registered in his name, with one magazine attached to it and another one inside his belt, and directly joined the patrolling trail from the top and crossed the trail in a southerly direction and started walking in the field as if he wanted to get away from the person, but he was going to approach the person from behind. The way he was moving he would prevent the person from escaping or getting closer to the border fence. What I saw from the guard post was this: Harun got closer to the person and the distance between them was about 15 metres. First I saw that person on the slope and Harun was in the field. Then I saw Harun climbing up the slope. I do not know if there was any conversation between the person and Harun; I could not hear them from my post. At that moment, as I was watching them Harun got nearer to the person, about 10-15 metres away. Then I saw Harun Avşar turn towards the guard post and signal by hand and shout, telling me to inform the exchange. Right at that moment I understood that Harun had found out that the person was a Greek Cypriot. At that moment – the time was about 7.35 a.m. – I lifted the telephone receiver in the guard post, while watching them. I saw that the person that Harun was trying to get closer to was starting to walk speedily away and trying to escape. Naturally, that person was walking in the direction of the border fence. Then I saw Harun raise his gun into the air and fire a single shot. But that man was still walking away. This time Harun lowered his gun and aimed at the man, and in a very short period he fired four single shots, and as the man was walking he fell down. Naturally, it was not possible for me to discern how many shots Harun fired at the man and how many shots at the ground. But when the man fell down I realised that he had been shot... Harun Avşar shot that person inside the military prohibited zone...”\n " ]	[ 0 ]
[ "4. The applicant was born in 1928 and lives in Eger.", "5. In 1990 the applicant hired two individuals to construct a well for him. Since they had not completed the work in due time, in December 1990 he brought an action with a view to obliging them to complete the job. In the alternative, he claimed damages.", "6. In response to the applicant’s motion for bias, the Supreme Court appointed the Mezőkövesd District Court to hear the case. After having held several hearings and obtained the opinion of an expert, on 27 September 1994 this court dismissed the applicant’s action.", "7. In pursuit of the applicant’s repeated motion for bias, the Supreme Court appointed the Hajdú-Bihar County Regional Court to deal with his appeal. On 11 October 1995 that court quashed the District Court’s decision and remitted the case.", "8. On 11 June 1996 the Supreme Court appointed the Debrecen District Court to hear the case in the resumed proceedings. After having held several hearings and obtained the supplementary opinion of an expert, on 7 October1998 that court dismissed the applicant’s action.", "9. On 9 June 1999 the Regional Court quashed this decision and, again, remitted the case.", "10. In the resumed proceedings, the Debrecen District Court held several hearings and obtained the opinion of another expert. It heard several witnesses and the expert. On 18 December 2000 it dismissed the applicant’s action.", "11. On 21 March 2001 the Regional Court dismissed the applicant’s appeal.", "12. On 19 June 2001 the Supreme Court refused the applicant leave to seek a review, in accordance with section 271 § 3 of the Code of Civil Procedure, given that the amount of the claim fell below the threshold requirements for leave to be considered." ]	[ 3 ]
[ "9. The applicants describe themselves as being of Macedonian ethnicity and are members of the United Macedonian Organisation Ilinden – PIRIN (“UMO Ilinden – PIRIN”).", "10. UMO Ilinden – PIRIN apparently has close links with the United Macedonian Organisation Ilinden, an association based in south‑west Bulgaria (in an area known as the Pirin region or the geographic region of Pirin Macedonia), that makes yearly attempts to organise commemorative events on various sites in Pirin Macedonia. During the period 1994‑2003 these rallies were, with minor exceptions, systematically banned by the authorities (see Stankov and the United Macedonian Organisation Ilinden v. Bulgaria, nos. 29221/95 and 29225/95, ECHR 2001‑IX, and The United Macedonian Organisation Ilinden and Ivanov v. Bulgaria, no. 44079/98, 20 October 2005). Also, this association was refused registration in 1990‑91 and again in 1998‑99 (see The United Macedonian Organisation Ilinden and Others v. Bulgaria (dec.), no. 59491/00, 9 September 2004).", "11. On 29 February 2000 UMO Ilinden – PIRIN, which had in the meantime obtained registration as a political party, was declared unconstitutional by the Constitutional Court, and as a result dissolved (see The United Macedonian Organisation Ilinden – PIRIN and Others v. Bulgaria, no. 59489/00, 20 October 2005).", "12. On 3 August 1998 the second applicant, acting on behalf of the members and the followers of UMO Ilinden – PIRIN, informed the mayor of Sofia that a rally had been planned for 10 August 1998 – the anniversary of the 1913 Bucharest Treaty[1] – in the public garden in front of the National Theatre. Approximately one hundred people were expected to turn up. The applicant assured the mayor that no disturbances would occur during the event.", "13. The same day, 3 August 1998, the mayor of Sofia issued an order prohibiting the rally pursuant to section 12(2)(2) of the Meetings and Marches Act. He opined, without giving further reasons, that the event would “create conditions for breaches of the public order”. A copy of the order was sent to the Sofia police authorities for enforcement.", "14. Apparently no appeal was made against the order.", "15. On 1 September 1998 the first applicant, acting on behalf of the members and the followers of UMO Ilinden – PIRIN, informed the mayor of Sofia that a rally had been planned for 12 September 1998 between 12 noon and 2 p.m. in front of the National Theatre. He stated that the event would be in commemoration of the “[d]ay of the genocide against the Macedonians”. Approximately one hundred and twenty persons were expected to take part. The applicant assured the mayor that the event would be entirely peaceful and that no disturbances would occur.", "16. The next day, 2 September 1998, the mayor issued an order banning the rally pursuant to section 12(2)(2) of the Meetings and Marches Act. The order stated that the event would “create conditions for breaches of the public order”, without giving further reasons. A copy of the order was sent to the Sofia police authorities for enforcement.", "17. The same day the first applicant lodged an appeal against the order with the Sofia District Court. He argued that the order was not reasoned and that there were no grounds to anticipate that the planned rally would pose a threat to public order. If the local authorities were allowed to prohibit public events without specifying the reasons for doing so, that would render nugatory the legal guarantees of freedom of assembly.", "18. On 8 September 1998 the Sofia District Court ruled in private that it had no jurisdiction to examine the appeal. It held that the mayor’s order had to be appealed first before the Executive Committee of the People’s Council, as provided in section 12(4) of the Meetings and Marches Act. The person concerned could resort to the court only if such an appeal was unsuccessful. Accordingly, the court discontinued the judicial proceedings and sent the appeal to the Executive Committee of the People’s Council. The ruling was apparently not notified to the first applicant.", "19. Since on 12 September 1998 the mayoral ban had not been overturned, the applicants informed the members and followers of UMO Ilinden – PIRIN that the rally would not take place.", "20. On 17 September 1998 the first applicant, who had in the meantime apparently learned about the Sofia District Court’s ruling of 8 September 1998 (see paragraph 18 above), appealed against it to the Sofia City Court. He argued that the court had erred in referring the appeal to the Executive Committee of the People’s Council. This body was mentioned in the Meetings and Marches Act, which had been enacted prior to the Constitution of 1991, when the municipal authorities had been structured differently. Under the Constitution of 1991 the Executive Committee, which had been part of the executive branch of the local authorities, had ceased to exist. It was erroneous to hold that the Municipal Council – the municipal legislative body – was the successor to the Executive Committee, and as such competent to examine appeals against orders of the mayor. Moreover, the Municipal Council convened at long intervals, which had prevented it from examining the appeal in time for the planned rally.", "21. The Sofia City Court dismissed the appeal in a decision of 19 March 2002. It held that, by section 12(4) of the Meetings and Marches Act, the organiser of a rally could appeal against the mayoral ban to the Municipal Council, which had to rule on the appeal within twenty‑four hours. Only if the Municipal Council dismissed the appeal the dispute could be brought before the court. By section 35(2) of the Administrative Procedure Act, judicial review of administrative acts was only possible if the administrative remedies had been exhausted, or the time‑limit for doing so had expired. In the case at hand no administrative appeal had been lodged, whereas the appeal to the Sofia District Court had been lodged on 2 September 1998, i.e. before the expiry of the twenty‑four hours’ time‑limit laid down in section 12(4) of the Meetings and Marches Act. The court went on to state that the argument that the Municipal Council convened at long intervals and was hence not in a position to examine the appeal in time was unavailing, because, on the one hand, an infelicitous legal rule still had to be complied with, and on the other, if the administrative body failed to rule on the appeal within twenty‑four hours, the planned event could take place, as provided by section 12(5) of the Meetings and Marches Act. Furthermore, it could not be said that the Municipal Council did not have the power to rule an appeal against the mayoral ban, because by the terms of section 21(2) of the Local Self‑Government and Local Administration Act it could decide on all questions of importance for the local community.", "22. The first applicant appealed to the Supreme Court of Cassation, reiterating his arguments.", "23. The Supreme Court of Cassation dismissed the appeal in a final decision of 11 March 2003. It held that the Sofia City Court’s disposition of the case had been correct, although it did not support the reasoning given by that court. By the time the Sofia City Court had decided the case – more than three and a half years after the date of the planned event – the first applicant had no longer had any interest in appealing against the ban. Moreover, such an interest had been lacking even at the time of the lodging of the appeal against the Sofia District Court’s ruling." ]	[ 7 ]
[ "8. The applicant was born in 1957 and lives in Gross-Rohrheim (Germany).", "9. On 10 August 1989 the applicant registered his marriage with Ms G. in Novosibirsk. After the marriage they moved to St. Petersburg.", "10. On 12 May 1995, during her stay at her parents’ home in Novosibirsk, Ms G. gave birth to a son to whom she gave her surname, despite objections from the applicant. Shortly thereafter the birth was registered; the applicant was named as the child’s father in the register.", "11. In late September 1995 Ms G. and her son returned to St. Petersburg. The applicant believed that he was the boy’s father and treated him as his own.", "12. On 28 March 1996 the applicant moved to Germany. Until September 1997 he waited for Ms G. and the son to join him there. However, in a letter of September 1997, Ms G. informed him that she had no plans to continue their marriage and would be applying for maintenance for the child. At about that time the applicant’s relatives in Novosibirsk advised him that he was not the boy’s father.", "13. On 16 December 1997 the applicant petitioned for divorce and brought an action contesting paternity. On 12 April 1999 the divorce was granted.", "14. On 16 November 2000 the Zheleznodorozhniy District Court of Novosibirsk delivered judgment in the paternity action. It noted that genetic (DNA) tests of 28 June 1999 and 5 June 2000 demonstrated that the applicant could not be the boy’s father. Although Ms G. maintained that the applicant was the father, in the absence of any doubts as to the accuracy of the tests, the court established that the applicant was not the father of her son.\nThe District Court ruled, however, that the case was governed by the RSFSR[1] Marriage and Family Code of 30 July 1969 because the child had been born before 1 March 1996, that is to say before the new Family Code of the Russian Federation came into effect. The RSFSR Marriage and Family Code set a one-year limitation period for an action contesting paternity, the starting point of which was calculated from the date the putative father was informed that he had been registered as the father. As the applicant had not contested paternity when the child was born and had only applied to the courts in December 1997, after the expiry of the time-limit, his action was held to be time-barred. The fact that a new Family Code had been introduced which did not lay down a limitation period for paternity actions was irrelevant because it was only applicable to family-law disputes arising after 1 March 1996.", "15. On 15 March 2001, on an appeal by the applicant, the Novosibirsk Regional Court upheld the judgment of 16 November 2000.", "16. On 20 April and 26 October 2001 the Novosibirsk Regional Court and the Supreme Court of the Russian Federation, respectively, refused requests by the applicant for supervisory review.", "17. On 12 September 2002 the Justice of the Peace of the Third Court Circuit of the Zheleznodorozhniy District of Novosibirsk granted Ms G.’s claim for maintenance and made a charging order over the applicant’s interest in a flat.", "18. On 15 September 2003 the Zheleznodorozhniy District Court of Novosibirsk upheld the maintenance order." ]	[ 4 ]
[ "4. The applicant was born in 1936 and lives in Split.", "5. The applicant was a holder of a specially protected tenancy on a flat in Split. Under the legislation in force, all holders of specially protected tenancies were entitled to buy their flats under favourable terms, provided that they purchased only one flat. In 1993 the applicant purchased that flat and subsequently donated it to her son.", "6. The applicant’s late husband had a specially protected tenancy on another flat in Split. He died in 1995, before he could exercise the right to purchase that flat.", "7. The applicant, as her husband’s heir, instituted administrative proceedings for acknowledgment of her specially protected tenancy. Her tenancy on the second flat was acknowledged on 17 April 1997.", "8. On 23 October 1998 the applicant instituted civil proceedings in the Split Municipal Court (Općinski sud u Splitu), requesting the court to order the City of Split to conclude a flat purchase agreement with her.", "9. On 30 April 1999 the applicant filed a motion for withdrawal of the first-instance judge. On 10 May 1999 her motion was dismissed because there was no evidence that the judge was biased.", "10. On 13 July 1999 the Municipal Court dismissed the applicant’s claim. It found that the applicant had already bought one flat as a holder of a specially protected tenancy and that she had no right to buy another one.", "11. On 13 October 2000 the Split County Court (Županijski sud u Splitu) dismissed the applicant’s appeal for the same reasons.", "12. In 2000 the applicant proposed to the competent State Attorney’s Office (Državno odvjetništvo) to file a motion for the protection of legality (zahtjev za zaštitu zakonitosti), an extraordinary remedy under the domestic law. Her proposal was denied on 20 February 2001.", "13. Meanwhile, on 4 December 2000 the applicant also filed a constitutional complaint claiming that the Municipal Court and the County Court, in their judgments of 13 July 1999 and 13 October 2000, had violated her right to respect for home and property.", "14. The Government submit that throughout the proceedings the applicant was filing various submissions to the Constitutional Court (Ustavni sud Republike Hrvatske). In one of them, a letter dated 27 February 2001, the applicant requested the Constitutional Court to “terminate all judicial actions and remand the case to the County Court”. Further letters of the applicant, from November 2001 onwards, consisted of rush notes.", "15. On 30 June 2004 the Constitutional Court dismissed her complaint as ill-founded." ]	[]
[ "10. The applicant bank was set up and acquired a banking licence in 1993. On 20 November 1997 its licence was revoked by the BNB and on 6 January 1998 it was put into compulsory liquidation (see paragraphs 20 and 27 below). On 20 April 2005 the bank was wound up and it was struck off the register of companies (see paragraph 37 below).", "11. On 27 March 1997 the BNB ruled that the applicant bank was insolvent.", "12. On 5 May 1997 the BNB lodged a petition with the Sofia City Court to wind up the applicant bank.", "13. In a decision of 15 May 1997 the BNB found that the overall amount of the applicant bank’s outstanding major loans was more than twenty times greater than the amount of its capital (including paid‑up capital and reserves), when the regulatory maximum was eight times. Considering that that situation put at risk the bank’s ability to operate and posed certain other problems with its financial standing, it decided to restrict the bank’s operations. In particular, it prohibited it from taking deposits, granting loans or other credit facilities, purchasing bills of exchange or promissory notes, entering into foreign‑currency or precious‑metals transactions, entering into deposit transactions, acting as a surety or guarantor or providing security to third parties, effecting non‑cash operations, clearing current accounts of third parties and conducting factoring transactions. The BNB also appointed a special administrator (see paragraph 49 below) to supervise the activities of the applicant bank and to verify whether it complied with the restrictions.", "14. On 23 September 1997 the Sofia City Court, finding that the BNB had yet to revoke the applicant bank’s licence, which was a precondition to making a winding-up order under the new Banks Act of 1997, discontinued the proceedings. Its decision was upheld by the Supreme Court of Cassation on 12 November 1997.", "15. In principle, it would have been possible to remedy the problems noted in the BNB’s decisions of 27 March and of 15 May 1997 (see paragraphs 11 and 13 above) by increasing the applicant bank’s capital.", "16. This appears to have been the reason why on 23 March 1997 the applicant bank’s general meeting of shareholders resolved to issue new shares up to an amount of 12,000,000,000 old Bulgarian levs (BGL)[1], to be subscribed by the shareholders. The resolution was registered by the Sofia City Court and took effect on 12 May 1997.", "17. Two of the applicant bank’s shareholders, TOO Royal Flash and OOO Rontadent Trade, subscribed the shares and, accordingly, became liable to pay for them. However, they sought to discharge this liability by other means. On 30 June and 7 and 29 August 1997 the two shareholders purchased, at a discount, debts due by the applicant bank to the BNB and several other banks and companies. By virtue of these debt assignments the applicant bank’s shareholders also became its creditors. They advised the applicant bank that they wished to set off their obligations to pay for their newly subscribed shares against the debts that the applicant bank now owed them. Accordingly, the applicant bank made entries in its accounts to effect the required set-offs.", "18. On 11 November 1997 the deputy‑governor of the BNB responsible for banking supervision, in whom the Central Bank’s powers under section 65 of the Banks Act of 1997 (see paragraph 48 below) were vested, directed the applicant bank to cancel the above‑mentioned entries in its accounts. She reasoned that the set-offs represented non‑cash consideration for the shares and that they had been effected in breach of sections 72 and 73 of the Trade Act of 1991 and of section 19(2)(5) of the Banks Act of 1997 (see paragraphs 70‑72 below). The deputy‑governor of the BNB also ordered the applicant bank to present to the BNB a rectified balance sheet showing the cancelling of the entries. The order was immediately enforceable and not subject to judicial review (see paragraph 56 below).", "19. In a subsequent decision of 20 November 1997 (see paragraph 20 below) the BNB appears to have considered that the set-offs were in fact a conversion of assets which could not improve the applicant bank’s financial situation.", "20. On 20 November 1997 the governor of the BNB, acting on a recommendation by the deputy‑governor responsible for banking supervision, revoked the applicant bank’s licence and appointed two special administrators to act in place of the applicant bank’s board of directors. The reasons for his decision were as follows:\n“In its decision [of 27 March 1997] the BNB’s board of governors found that the [applicant bank] was insolvent and petitioned the court to put it in compulsory liquidation.\nWith a view to allowing the [applicant bank’s] managing bodies to improve its financial situation by increasing its capital and accumulating additional funds and thus allowing it to restore itself to a state of solvency, [the BNB’s] banking supervision department decided not to recommend the revocation of the bank’s licence on grounds of insolvency.\nThe analysis of the [applicant bank’s] financial situation as of 11 November 1997, carried out by [the BNB’s] banking supervision department, indicates that the bank’s capital has not been increased through the accumulation of additional funds, but mainly through the conversion of assets – a conversion which was, moreover, not carried out in the proper manner – which has not led to a substantial improvement in the bank’s financial situation.\nThe overall capital adequacy of the bank is negative – minus 16.74% –, and the valuation of the bank’s assets and liabilities, carried out in accordance with the BNB’s supervisory requirements and rules, indicates that the value of the bank’s liabilities exceeds the value of its assets by BGL 1,072,977,000. Moreover, the bank has failed for more than seven working days to pay a due debt of 437,975.65 United States dollars (USD) to the Commercial and Savings Bank AD (in liquidation). Because of all these facts the BNB’s deputy‑governor in charge of the banking supervision department has recommended that the bank’s licence be revoked by reason of insolvency.”", "21. The decision, a copy of which was sent to the applicant bank by fax on 20 November 1997 and later by a letter of 1 December 1997, which was received by the bank on 2 December 1997, stated that it was immediately enforceable and not subject to judicial review (see also paragraph 56 below). On 25 November 1997 it was published in the State Gazette.", "22. The applicant bank contended that the debt to which the BNB had referred in its decision had in fact been settled. In support of that assertion it presented a decision of 12 April 2001 of an enforcement judge at the Sofia District Court, which indicated that by 5 September 1997 the applicant bank had paid in full a debt to the Commercial and Savings Bank AD under a writ of execution. The applicant bank further claimed that the BNB had been informed of the payment of the debt through a report made by the applicant bank’s special administrator on 8 September 1997. The Government disputed the applicant bank’s contentions and said that the debt in fact remained unpaid, as the Sofia City Court had found in its judgment approving the list of agreed creditors’ claims in the liquidation proceedings (see paragraph 35 below). The parties also produced a number of other documents in corroboration of their assertions.", "23. The applicant bank further contended that its assets exceeded its liabilities, contrary to what the BNB had found in its decision. In particular, it had money in two accounts in banks in the United States of America. The Government disputed that statement. Both parties presented various documents in corroboration of their assertions.", "24. On 24 November 1997 the BNB filed with the Sofia City Court a petition to wind up the applicant bank. In the petition it repeated almost verbatim the findings it had made in its decision of 20 November 1997 (see paragraph 20 above).", "25. A hearing was held on 17 December 1997, at which the applicant bank was represented by the special administrators previously appointed by the BNB (see paragraph 20 above). A prosecutor from the Sofia City Prosecutor’s Office also took part in the proceedings, as mandated by former section 81 of the Banks Act of 1997 (see paragraph 61 below).", "26. Counsel instructed by the special administrators argued that there was no indication that the applicant bank’s liabilities exceeded its assets or that it had defaulted on a debt which had fallen due. This position was supported by the prosecutor, who also submitted that it was necessary to gather evidence on the applicant bank’s real financial situation.", "27. In a judgment of 6 January 1998 the Sofia City Court granted the BNB’s petition, declared the applicant bank insolvent, made an order for it to be wound up, divested its decision-making bodies of their powers and the bank of the right to administer its property, ordered the sale of its assets, and appointed liquidators. It found that the conditions for making a winding-up order – namely, that an order revoking the bank’s licence had been made and a copy of that order produced to the court – were satisfied. The Banks Act of 1997 gave the court limited jurisdiction in proceedings to wind up an insolvent bank. The only fact the court had to verify in such proceedings was whether the above two conditions were met. The judgment continued:\n“...in view of the new procedure introduced by the Banks Act [of 1997], ... the objection ... that the BNB’s averment of [the applicant bank’s] insolvency is not supported by evidence is unfounded. Unlike the repealed Banks and Credit Business Act [of 1992], which provided that the BNB had to ... prove ... the bank’s insolvency, the new Banks Act [of 1997] does not contain such a requirement. Moreover, in section 79(1) and (3) of the Act the legislature has exhaustively specified the conditions for making a winding-up order [in respect of a bank] and the requirements that the BNB’s petition has to conform to. These boil down solely to indicating the grounds on which the bank’s licence has been revoked under section 21(2) of the Act.\nThe logical and comparative‑law construction of the above provisions ... leads to the categorical conclusion that the changes in the statutory regime of bank insolvency are aimed, on the one hand, at a significant reduction in the court’s jurisdiction, [and even] at taking away its power to determine whether the bank is insolvent, and, on the other hand, at empowering [the BNB] to determine that issue without being required to substantiate or prove its finding before the court...\nAn argument in favour of the above conclusion is section 21(5) of the Act, which expressly provides that the decision of [the BNB] to revoke a banking licence is not subject to judicial review. ... Gathering evidence relating to the ... insolvency of a bank would run counter to the above‑cited prohibition against judicial review.\nIn view of all this the court finds that all [the applicant bank’s] requests and objections ... contesting the BNB’s averments about its insolvency are inadmissible and cannot be examined. The same goes for the evidence presented by [the applicant bank]: even if it is admissible, it should not be taken into account, as it is absolutely irrelevant to the dispute at hand. The two above‑cited prerequisites – the order ... revoking the banking licence of [the applicant bank] and the production of a copy of that order to the court... – are sufficient for the resolution of this dispute.”", "28. As the judgment was immediately enforceable (see paragraph 64 below), it was considered that from that moment onwards the persons entitled in law to act on the applicant bank’s behalf were the court‑appointed liquidators. Accordingly, the liquidators represented the applicant bank in the ensuing stages of the proceedings.", "29. The liquidators did not appeal against the judgment, but the Sofia City Prosecutor’s Office did. It argued that the Sofia City Court had erred in not examining whether the applicant bank was in fact insolvent. It had thus turned the proceedings into a mere rubber-stamping of the BNB’s petition for an order winding up the applicant bank. Had the court taken the trouble to look at the actual circumstances, it would have found that the applicant bank had more than USD 3,000,000 in cash, as evidenced by a report drawn up by the BNB‑appointed special administrators. That fact raised the question whether the BNB’s finding that the value of the applicant bank’s liabilities exceeded the value of its assets was indeed true. Also, the BNB had not specified the amount or the date of maturity of the overdue debt the applicant bank was alleged to have failed to pay for more than seven working days. It was thus impossible to carry out an independent assessment of the veracity of its allegation. The Prosecutor’s Office presented an expert report according to which the applicant bank’s assets adequately covered its liabilities.", "30. In reply the BNB and the applicant bank’s liquidators argued that the appeal was unfounded.", "31. On 10 March 1998 a three‑member panel of the Supreme Court of Cassation upheld the Sofia City Court’s judgment. Although it held that it could independently establish the facts, without deferring to the BNB’s findings, it was of the view that the applicant bank was indeed insolvent. An analysis of the evidence showed that, according to the BNB’s deputy‑governor, the value of the applicant bank’s assets was BGL 8,391,953,000, and the value of its liabilities BGL 9,464,930,000. The difference between those figures was exactly the amount mentioned in the BNB’s decision and its ensuing winding-up petition. Turning to the other factual evidence of insolvency – the non‑payment of a due debt for more than seven working days – the court held that the applicant bank did in fact owe another bank more than USD 2,500,000 under a debt rescheduling agreement of 18 September 1997. No payments had been made in satisfaction of that debt. The applicant bank’s objection that it had not been able to make any payments because of the prohibition on non‑cash operations imposed on it by the BNB’s decision of 15 May 1997 (see paragraph 13 above) was unfounded. In any event, the reasons for non-payment were irrelevant, since inability, however caused, to pay a debt for more than seven working days was of itself sufficient for the court to find insolvency.", "32. The Chief Prosecutor’s Office filed a petition for review of the judgment of the three‑member panel.", "33. On 30 June 1998 a five‑member panel of the Supreme Court of Cassation dismissed that petition in the following terms:\n“The first-instance court’s construction of the law – the Banking Act [of 1997] – is correct. The regime of bank insolvency is a lex specialis in relation to general commercial insolvency law ... In this context it has to be considered that the ... prerequisites for ... an order winding up a bank are governed not by the general rules of the Trade Act [of 1991], but by the special rules of the Banks Act [of 1997]... This is necessary because of the specific character of the banking business ... [Banks operate] predominantly with other people’s money, which necessitates compliance with strict requirements for capital adequacy, formation of provisions and ... liquidity. [The BNB monitors compliance with these requirements] as part of its function of banking supervision, with a view to preserving the stability of the banking system and achieving effective and enhanced protection of depositors. Because of this specificity proceedings to wind up banks are expedited, with a view to protecting the interests of the creditors of the insolvent bank.\n...\nThe Sofia City Court correctly held that the soundness and the expediency of the BNB’s decision to revoke [the applicant bank’s] licence could not be reviewed by the court, because [the BNB has special powers] in discharging its banking supervisory duties. By virtue of section 82 of the Banking Act [of 1997] the court is bound by [the BNB’s] winding-up petition, if it meets the requirements of section 79(3) in conjunction with section 21(2). [T]he court does not carry out an additional examination of circumstances evidencing the insolvency of a bank. ... The BNB alone ... has the competence to determine extra-judicially whether the two grounds for [declaring a bank insolvent] exist. [This determination] is not subject to review by the court, which has no latitude in such proceedings. Once the BNB has established the insolvency of a bank before the winding-up procedure begins, the court may not reconsider the issue. It must only carry out a formal, ex facie verification of [the BNB]’s winding-up petition, without venturing into the substantive issues..., because it is the revocation of the licence itself that constitutes the ground for making a winding-up order. The court may only verify whether [the BNB]’s decision is void, but may not examine whether [the BNB’s] finding of insolvency is borne out by the facts...”", "34. Thereafter winding-up proceedings unfolded in respect of the applicant bank.", "35. In the course of those proceedings the applicant bank’s creditors, which included its three shareholders, submitted their proofs of debt to the bank’s liquidators. The liquidators examined the proofs and drew up a list of agreed claims. Two of the bank’s shareholders, TOO Royal Flash and OOO Rontadent Trade, and two other creditors made objections to the list, which the liquidators examined. The liquidators then transmitted the list to the Sofia City Court for approval. No objections to the list were made to the court, which approved it in a final judgment of 9 February 1999. On 7 December 2000 the liquidators tried to obtain a ruling that a debt to the Commercial and Savings Bank AD did not exist and that the underlying claim should accordingly be disallowed, but the Sofia City Court declared their request inadmissible in a decision of 23 January 2001, holding that no objections had been made to that claim at the appropriate time, and that the existence of the debt had therefore been conclusively established in its judgment of 9 February 1999, which was binding on the bank, its creditors and liquidators.", "36. On 10 October 2003 the applicant bank’s liquidators applied to the Bank Deposits Guarantee Fund (see paragraph 67 below) for permission to start negotiations with potential buyers for the purchase of the applicant bank’s entire undertaking. Permission was granted on 14 October 2003 and on 31 January 2005 the liquidators entered into a contract for the sale of the undertaking to the Central Cooperative Bank AD, with the latter agreeing to pay a purchase price of BGN 1 and the applicant bank’s creditors BGN 3,254,000 in satisfaction of their claims. The contract was approved by the Sofia City Court in a final judgment of 8 April 2005.", "37. In a final judgment of 20 April 2005 the same court, on an application by the applicant bank’s liquidators, brought the winding up to an end and ordered that the applicant bank be struck off the register of companies.", "38. On an unspecified date in 2002 one of the applicant bank’s shareholders, First Financial AD, lodged with the Supreme Administrative Court an application for judicial review of the BNB’s decision to revoke the bank’s licence. It argued that the decision was null and void. Later the chairman and vice‑chairman of the applicant bank’s board of directors, purporting to act on the bank’s behalf, requested leave to intervene in the proceedings.", "39. In a decision of 5 March 2002 a three‑member panel of the Supreme Administrative Court held that the applicant bank’s request to be allowed to intervene in the proceedings was inadmissible because it had been lodged by persons who no longer represented it. Following the winding-up order and by virtue of section 84(3) of the Banks Act of 1997, read in conjunction with section 658(1) of the Trade Act of 1991, the only persons with power to act on its behalf were the liquidators. The court went on to hold that First Financial AD’s application for judicial review of the BNB’s decision was inadmissible. Section 21(5) of the Banks Act of 1997 excluded decisions by the BNB to revoke a bank’s licence from the scope of judicial review. That provision was to be construed according to its plain meaning and was applicable regardless of whether the request was to annul the decision or to declare it null and void. Furthermore, First Financial AD had no standing to lodge an application for judicial review, because the BNB’s decision was addressed to the applicant bank, not to its shareholders.", "40. The chairman and the vice‑chairman of the applicant bank’s board of directors and First Financial AD appealed.", "41. In a decision of 10 April 2002 a five‑member panel of the Supreme Administrative Court declared the appeal by the chairman and vice‑chairman of the applicant bank’s board of directors inadmissible and First Financial AD’s appeal ill‑founded. It held that no appeal lay against the refusal to allow the applicant bank to intervene in the proceedings. It also held that the decision not to examine First Financial AD’s application for judicial review on the merits was correct. The prohibition of section 21(5) of the Banks Act of 1997 applied regardless of whether the request was to annul the BNB’s decision or to declare it null and void.", "42. In late 1997 the chairman and the vice‑chairman of the applicant bank’s board of directors complained to the prosecution authorities about the actions of the BNB’s deputy‑governor in charge of banking supervision who had made the order of 11 November 1997 and the recommendation to the governor of the Central Bank to revoke the applicant bank’s licence (see paragraphs 18 and 20 above). They argued that she had acted in excess of her powers with a view to causing damage to the applicant bank. On 8 June 1998 the Chief Prosecutor’s Office ordered a criminal investigation into the deputy‑governor’s actions. On 6 November 1998 she was charged with abuse of office. In the course of the investigation the prosecution authorities ordered expert reports on, inter alia, the issue of whether the applicant bank had been insolvent as of 20 November 1997. One of the experts answered that question in the affirmative, another answered it in the negative.", "43. One of the expert reports, drawn up on 7 April 1999, noted that a confidential agreement concluded in May 1997 between the International Monetary Fund (“the IMF”) and Bulgaria for the establishment of a currency board in the country stipulated that the right to appeal against the BNB’s decisions should be preserved, but should not hamper it in the performance of its banking supervisory functions. According to an opinion expressed by the IMF’s mission in Bulgaria, any successful appeal should only lead to an award of compensation, not to the invalidation of the BNB’s decision to close the bank. It appears to have been the view of the IMF’s mission in Bulgaria that the protracted process of judicial review of the BNB’s decisions and their possible invalidation would not be consistent with the effective process of banking supervision.", "44. On 23 April 1999 a prosecutor from the Supreme Cassation Prosecutor’s Office discontinued the proceedings, considering that the BNB’s deputy‑governor had acted lawfully and had not acted in abuse of office. On 11 March 2005 another prosecutor from the Supreme Cassation Prosecutor’s Office, acting on a complaint by the applicant bank’s shareholders, decided to reopen the investigation, which the Court understands is still pending." ]	[ 3, 9 ]
[ "4. The applicant, Ms Valentyna Tymofiyivna Shevchenko, is a Ukrainian national who was born on 23 February 1970 and lives in Odessa, Ukraine.", "5. In October 1999 the applicant instituted proceedings in the Zarichny District Court of Sumy (the “Zarichny Court”) against the Department of Education of the Sumy Municipal Council (Department), seeking the recovery of unpaid salary.", "6. On 15 November 1999 the Zarichny Court allowed her claims and ordered the Department to pay the applicant UAH 1,181.71[1] in compensation. On 19 January and 28 January 2000, the Department paid the applicant UAH 199.39[2] in execution of the judgment.", "7. On 1 February 2000 the applicant instituted proceedings in the Zarichny Court against the State Bailiffs’ Service of Sumy, seeking the full execution of the judgment of 15 November 1999. She also sought a declaration of unlawfulness as to the actions of the Bailiffs’ Service in deciding to join the pending writs of execution against the Department.", "8. On 9 March 2000 the Zarichny Court rejected her claims as unsubstantiated. In particular the court found that the judgment of 15 November 1999 could not be fully executed due to the lack of funds of the Department.", "9. On 19 April 2000 the Sumy Regional Court (the “Sumy Court”) rejected the applicant’s cassation appeal against the decision of 9 March 2000.", "10. The applicant’s complaints with a view to instituting supervisory proceedings, lodged with the President of the Sumy Court, were rejected on 11 May 2000 as being unsubstantiated.", "11. On 15 June 2000 the Zarichny Bailiffs’ Service informed the applicant that there were 1,152 pending writs of execution that had been issued against the Department for a total sum of UAH 348,529.80[3]. It also informed the applicant that insufficient funds were available to execute the decision. The applicant was invited to accept UAH 74[4] in execution of the judgment.", "12. On 21 August 2000 the Deputy President of the Sumy Court lodged a protest with the Presidium of that court against the judgment of 9 March 2000 of the Zarichny Court. On 4 September 2000 the Presidium of the Sumy Court quashed the decisions of 9 April and 19 April 2000 and remitted the case for fresh consideration.", "13. During 2000 the applicant received UAH 411.38[5] as a result of enforcement measures of the State Bailiffs.", "14. On 1 February 2001 the Zarichny Court rejected the applicant’s claims as being unsubstantiated. On 23 February 2001 the Sumy Court upheld that decision. In particular, it held that, if there are a number of execution proceedings pending against the same legal entity, these proceedings can be joined (зведене виконавче провадження). It also informed the applicant that the partial enforcement of judgments authorised by the Bailiffs’ Service was lawful.", "15. At the time of lodging the application, the debt owed to the applicant amounted to UAH 770.33[6].", "16. On 8 August 2001 the enforcement proceedings were terminated due to the Department’s lack of funds.", "17. On 5 October 2003 the applicant informed the Court that the judgment given in her favour remained unenforced.", "18. On 15 March 2004 the applicant informed the Court that she had received the full amount of the debt due to her. She also confirmed that she had received an additional sum of UAH 500[7] in compensation[8]. On 17 May 2004 the Government informed the Court that the judgment had been enforced in full." ]	[ 3, 9 ]
[ "4. The applicants live in Žilina. The first applicant was born in 1939 and the second applicant was born in 1944.", "5. The first applicant participated in a tender concerning the resolution of a technical problem within a State-owned company. The tender never resulted in a contract as the company went into liquidation.", "6. On 20 November 1991 the first applicant claimed compensation (the equivalent of approximately 200 euros) from the company. He later indicated several Ministries as additional defendants.", "7. On 23 April 1992 the Ministry of Construction and Works informed the District Court in Žilina that the defendant company had ceased to exist and that it had taken over the company’s obligations. The decision concerning the transfer of liabilities of the company was later quashed.", "8. On 26 August 1992 the first applicant extended his action to comprise also the above Ministry as defendant. He later indicated three other Ministries as defendants as it was unclear which authority was liable for the original defendant’s obligations. On 8 December 1992 the first applicant requested that the District Court should issue a payment order.", "9. On 20 February 1995 the Žilina District Court decided to deal separately with the claim to the extent that it concerned three Ministries. At the applicant’s request it discontinued the proceedings in respect of the other defendants including the State-owned company which, in the meantime, had ceased to exist.", "10. On 7 April 1995 the first applicant sued also the Ministry of Economy in the context of the proceedings. In October 1995 and in January 1996 representatives of that Ministry informed the court that the Ministry of Economy lacked standing in the case.", "11. Hearings were held on 28 February 1996 and on 2 September 1996. On 18 July 1996 the applicant requested a change in the defendants. He amended his claim on 3 September 1996.", "12. On 5 February 1998 the District Court asked the first applicant to specify which authorities were defendants in the case. The applicant replied on 19 February 1998. On 18 March 1998 he submitted further information.", "13. On 31 March 1998 the District Court joined to the proceedings the Ministry of Economy and the Ministry of Construction and Public Works as authorities representing the defendant State. One of the Ministries appealed on 27 April 1998. On 1 April 1998 the District Court discontinued the proceedings in respect of two different authorities.", "14. On 28 October 1998 the Banská Bystrica Regional Court quashed the District Court’s decision of 31 March 1998.", "15. On 20 July 1999 the first applicant made a submission to the District Court.", "16. On 1 August 2000, in accordance with the instruction of the Regional Court, the District Court invited the applicant to specify which authority acted on behalf of the Slovak Republic in the proceedings and to specify the sum claimed. The first applicant replied on 10 August 2000.", "17. On 17 October 2000 the District Court asked the defendant for comments on the action. The defendant replied on 30 October 2000. Subsequently the District Court unsuccessfully attempted to obtain documents concerning the work for which the applicant claimed compensation.", "18. On 6 June 2001 the District Court dismissed the first applicant’s claim. The court found that the State-owned company which had sought the tenders had been liquidated without any successor by a final decision of 31 March 1992.", "19. On 27 July 2001 the applicant appealed. The file was transmitted to the appellate court on 11 October 2001.", "20. On 5 March 2002 the Žilina Regional Court upheld the first instance judgment which became final on 20 July 2002.", "21. In the meantime, on 5 April 2002, the applicant requested that the court fee should be returned to him. That submission was considered as an appeal against the decision ordering the applicant to pay the fee for the appellate proceedings. The Regional Court in Žilina rejected the appeal, on 8 July 2002, as having been filed out of time.", "22. On 28 November 2002 the applicants extended the application with reference to the facts described below.", "23. The first applicant has been involved in (i) proceedings concerning the validity of transfer of ownership which were brought on 20 January 2001 and which are pending before the Žilina District Court and (ii) proceedings concerning an estate which, at the moment when the complaint was filed, had been pending before the Žilina District Court since 1997. Following the appellate court’s decision given on 11 October 2004, the latter set of proceedings is now again pending before the Žilina District Court.", "24. Both applicants have been plaintiffs in proceedings concerning the validity of a purchase contract. The proceedings were brought on 27 January 2000 and the first instance court gave its decision on 11 November 2004.", "25. On 23 April 2001 the applicants brought proceedings concerning the right of lease. The proceedings are pending before the Žilina District Court which is to decide on the case at first instance.", "26. On 16 August 2000 the first applicant complained to the Constitutional Court about the length of the proceedings concerning his action of 1991. On 16 November 2000 the Constitutional Court rejected the petition on the ground that the first applicant had failed to appoint a lawyer to represent him in the constitutional proceedings as required by the Constitutional Court Act.", "27. As they considered the length of the various sets of proceedings mentioned in point B. above to be excessive, the first applicant or the second applicant sought redress before the Constitutional Court by complaints lodged in June 2002. The applicants were invited to lodge their submissions in accordance with the statutory requirements and, in particular, to appoint a lawyer to represent them in the proceedings as required by the Constitutional Court Act. The applicants replied that the above requirement was discriminatory and contrary to the Constitution.", "28. By three decisions delivered on 20 August 2002 and by another two decisions delivered on 23 October 2002 the Constitutional Court rejected the applicants’ complaints as falling short of the procedural requirements. The decisions stated, inter alia, that the applicants had not appointed a lawyer to represent them before the Constitutional Court." ]	[ 3 ]
[ "4. The applicant was born in 1954 and lives in the town of Svitlovodsk, Kirovograd region, Ukraine.", "5. In 1999 the applicant instituted proceedings in the Svitlovodskiy Town Court against her former employer, the State-owned “VAT Chysti Metaly” company, to recover salary arrears.", "6. On 2 November 1999 the court awarded the applicant UAH 970.37[1] in salary arrears. On 18 November 1999 the Bailiffs’ Service initiated enforcement proceedings.", "7. In February 2001, upon the applicant’s request, UAH 150 from the above judgment debt were transferred to the Municipal Heating Service to cover the applicant’s debt to the Service.", "8. On 25 April 2002 the same court awarded the applicant UAH 1,333.37[2] in compensation for the delay in enforcement of the judgment of 2 November 1999. On 20 June 2002 the Bailiffs’ Service initiated enforcement proceedings.", "9. By letter of 16 October 2002, the local Bailiffs’ Service informed the applicant that the judgments in her favour could not be enforced due to the debtor’s lack of funds, and that the procedure for the forced sale of assets belonging to the debtor was blocked by the Law on the Introduction of a Moratorium on the Forced Sale of Property of 26 November 2001.", "10. On 12 May 2003 the enforcement proceedings against the debtor were suspended due to the bankruptcy proceedings initiated against it. On 10 June 2004 the Dnipropetrovs’k Regional Commercial Court approved the recovery plan for the debtor.", "11. On 11 March 2005 the debtor made a postal money order in favour of the applicant for the outstanding debts under the judgments of 2 November 1999 and 25 April 2002. The applicant refused to receive the money, and 10 days later it was transferred to the account of the Bailiffs’ Service.", "12. On 31 March 2005 the Bailiffs’ Service informed the applicant that she should provide them with details of her bank account, to which the money could be transferred." ]	[ 3, 9 ]
[ "4. The applicant was born in 1950 and lives in the town of Belozerskoe, Donetsk region of Ukraine.", "5. In 2001 the applicant instituted proceedings in the Dobropolsky Town Court against his former employer, the State-owned “Novodonetskaya” mining company, to recover disability benefit arrears. On 3 June 2002 the court awarded the applicant UAH 50,822.44[1]. On 9 July 2002 the enforcement proceedings were initiated.", "6. In September 2002 the applicant lodged a complaint with the Dobropolsky Town Court against the Dobropolsky Town Bailiffs’ Service for failure to enforce the judgment of 3 June 2002 expeditiously.", "7. On 18 October 2002 the court found for the applicant and ordered the Bailiffs to enforce the judgment immediately.", "8. By 7 December 2004 the judgment in the applicant’s favour was enforced in full and the Bailiffs’ Service terminated the enforcement proceedings on that date." ]	[ 3, 9 ]
[ "4. The applicant was born in 1947 and lives in Mersin.", "5. On 12 March 1996 the General Directorate of National Roads and Highways expropriated a plot of land belonging to the applicant in Mersin in order to build a motorway. A committee of experts assessed the value of the plot of land and the relevant amount was paid to the applicant when the expropriation took place.", "6. Following the applicant’s request for increased compensation, on 17 December 1996, the Mersin Civil Court of First-instance awarded him additional compensation of 610,659,800 Turkish liras (TRL), plus interest at the statutory rate, applicable at the date of the court’s decision, running from 27 April 1994, the date of the transfer of the title-deeds.", "7. On 2 November 1998 the Court of Cassation upheld the judgment of the Mersin Civil Court of First-instance.", "8. On 17 May 2000 the General Directorate of National Roads and Highways paid the applicant TRL 1,860,240,000 (approximately 3,339 euros (EUR), including interest." ]	[ 9 ]
[ "4. The applicant was born in 1941 and lives in Pruszków, Poland.", "5. On 29 June 1993 the applicant lodged a motion with the Warsaw Regional Court (Sąd Wojewódzki) claiming PLZ (old zlotys) 100,000,000 from the insurance company “PZU” as compensation for his traffic accident. He also claimed a supplementary disability pension.", "6. On 14 April 1994 the court ordered an expert opinion. It was submitted to the court in June 1994.", "7. On 15 December 1994 the court ordered the expert to supplement her opinion. On 27 April 1995 the court appointed another expert. On 7 December 1995 the court held a hearing.", "8. At the hearing held on, 23 April 1996 the court stayed the proceedings until the termination of social insurance proceedings instituted by the applicant against the Social Insurance authorities. These proceedings had in fact been terminated by a judgment of the Warsaw Regional Labour Court of 19 March 1996.", "9. On 16 August 1996 the applicant submitted the copy of the judgment of 19 March 1996 to the Warsaw Regional Court and requested the court to resume the compensation proceedings against the insurance company “PZU”.", "10. On 28 November 1996 the court held a hearing and resumed the proceedings.", "11. On 11 March 1997 the applicant modified his claim, having regard to the inflation rate.", "12. The court held further hearings on 13 May 1997, 18 September 1997, 27 November 1997, 2 September 1998, 22 October 1998, 21 October 1999, 9 December 1999, 17 February 2000, 24 October 2000 and 4 December 2000.", "13. The court ordered two further expert opinions in 1997.", "14. On 26 February 1999 the applicant requested the Director of the insurance company to conclude an out-of-court settlement in order to terminate the proceedings. This proposal was refused.", "15. On 5 March 1999 yet another expert opinion was ordered by the court. It was submitted to the court on 9 August 1999. On 17 February 2000 the court requested the experts to supplement their opinion. The supplemented opinion was submitted to the court on 13 May 2000.", "16. On 18 December 2000 the court closed the examination of the case. On 15 January 2001 the Warsaw Regional Court gave judgment and ordered the insurance company to pay PLN 25,000 to the applicant.", "17. The applicant lodged an appeal with the Warsaw Court of Appeal (Sąd Apelacyjny), claiming a higher amount of compensation.", "18. On 25 April 2002 the Warsaw Court of Appeal gave judgment. The applicant lodged a cassation appeal with the Supreme Court (Sąd Najwyższy).", "19. On 21 October 2003 the Supreme Court gave judgment and remitted the case to the Court of Appeal.", "20. On 4 February 2004 the Warsaw Court of Appeal remitted the case to the Regional Court.", "21. On 3 March 2005 the applicant lodged a complaint with the Warsaw Court of Appeal under the Law of 17 June 2004 on complaints about a breach of the right to a trial within a reasonable time (“2004 Act”). On 25 April 2005 the Court of Appeal dismissed it as manifestly ill-founded. The court held that it could only assess the proceedings after the remittal by the Court of Appeal i.e. after 4 February 2004, however, after that date there had not been any significant delays in the proceedings.", "22. In the light of the information available to the Court at the date of the adoption of the present judgment, the proceedings are pending before the Regional Court." ]	[ 3 ]
[ "4. The applicant was born in 1938 and resides in the town of Zhovti Vody, the Dnipropetrovsk Region.", "5. On 28 May 1999 and 18 October 2000 the Zhovti Vody City Court (hereafter “the City Court”) awarded the applicant a total of UAH 5,712[1] against the State owned Electrongaz Company (hereafter “the Company”) in salary arrears. Both judgments became final and were sent to the Zhovti Vody City Bailiffs’ Office (hereafter “the Bailiffs”) for compulsory enforcement.", "6. In a letter of 24 January 2003, the Bailiffs informed the applicant that the enforcement of the judgments in his favour was impeded by the entry into force of the Law on the Introduction of a Moratorium on the Forced Sale of Property 2001, which barred the attachment and sale of the Company’s capital assets.", "7. On 7 March 2003 the Dnipropetrovsk Regional Commercial Court (hereafter “the Commercial Court”) instituted bankruptcy proceedings against the Company and issued an injunction barring any debt recovery. On 10 October 2003 the Commercial Court approved the rehabilitation proposal and appointed a trustee to run the bankruptcy rehabilitation of the Company’s business.", "8. On 21 October 2004 the Bailiffs terminated the enforcement proceedings in the applicant’s favour as both awards were paid to him in full." ]	[ 3, 9 ]
[ "4. The applicant was born in 1947 and lives in Mersin.", "5. On 12 March 1996 the General Directorate of National Roads and Highways expropriated two plots of land belonging to the applicant in Mersin in order to build a motorway. A committee of experts assessed the value of the plots of land and the relevant amount was paid to the applicant when the expropriation took place.", "6. Following the applicant’s request for increased compensation, on 30 December 1996 the Mersin Civil Court of First-instance awarded him additional compensation of 962,996,880 Turkish liras (TRL), plus interest at the statutory rate, applicable at the date of the court’s decision, running from 12 March 1996, the date of the transfer of the title-deeds.", "7. On 29 June 1998 the Court of Cassation upheld the judgment of the Mersin Civil Court of First-instance.", "8. On 16 May 2000 the General Directorate of National Roads and Highways paid the applicant the amount of TRL 2,861,840,000, including interest." ]	[ 9 ]
[ "7. The applicant was born in 1946 and currently resides in Rozdilna, the Odessa Region, Ukraine.", "8. On 20 July 1997 the applicant instituted proceedings in the Rozdilna City Court against the Rozdilna Municipal Council, seeking to recover an additional salary payment for her time-in-service as a teacher, and healthcare benefits.", "9. On 7 October 1999 the Rozdilna City Court (Роздільнянський районний суд Одеської області) allowed the applicant’s claims and ordered the Department of Education of the Rozdilna Municipal Council (Department) to pay the applicant UAH 1,957.80[1] in compensation (UAH 1,506.6 in bonuses for the term of service, UAH 324 in welfare benefits, UAH 97.2 in additional payments for pupils’ supervision and UAH 30 in costs and expenses). This judgment became final on 17 October 1999 and writs of enforcement were issued by the court on 18 October 1999.", "10. The execution proceedings were initiated on 1 November 1999 by the Rozdilna Bailiffs’ Service (the “RBS”).", "11. On 13 November 2000 the RBS informed the applicant that the judgment could not be executed due to the lack of funds in the State budget.", "12. On 14 July 2000 the Department of Justice of the Odessa Region (the “Department of Justice”) informed the applicant that the Department had no property that could be attached.", "13. On 17 April 2001 the Department of Justice informed the applicant that the decision could not be executed due to the lack of funds in the State budget.", "14. On 22 August 2001, 16 December 2003 and 19 May 2004, the RBS attached the bank accounts of the Department. These resolutions of the RBS were quashed on 26 September 2001, 24 December 2003 and 21 May 2004, respectively.", "15. On 20 September 2001 the Department lodged complaints with the Rozdilna City Court, seeking to quash the decision of 22 August 2001.", "16. On 26 September 2001 the Rozdilna City Court allowed the Department’s claims.", "17. On 29 December 2001 the RBS terminated the enforcement proceedings in the case in part with regard to the payment of UAH 97.2 to the applicant, which was then made on 21 January 2002.", "18. On 22 May 2002 the Department of Justice informed the applicant that the rest of the judgment would be executed after the State had provided the necessary funds.", "19. On 14 August 2003 the writs of enforcement were returned to the applicant due to the lack of funds of the Department.", "20. On 30 April 2004 the RBS reinstituted the enforcement proceedings in the applicant’s case.", "21. In June 2001, after the RBS returned the writs of enforcement to the applicant unenforced, the applicant lodged complaints with the Rozdilna City Court seeking compensation for the failure of the RBS to enforce the judgment of 7 October 1999 given in her favour. She also requested the court to declare unlawful the failure of the Bailiffs to enforce the judgment.", "22. The proceedings were transferred to the Velykomykhaylivsky District Court of the Odessa Region (Великомихайлівський районний суд Одеської області; the Velykomykhaylivsky Court). On 30 July 2001 the Velykomykhaylivsky Court rejected the applicant’s complaints.", "23. The applicant lodged an appeal with the Odessa Regional Court of Appeal, which on 21 March 2003 quashed the judgment of 30 July 2001 and remitted the case for reconsideration to the same first-instance court.", "24. On 19 July 2004 the Velykomykhaylivsky Court found no inactivity on the part of the Bailiffs. It also held that they had acted in accordance with the law in enforcing the applicant’s judgment.", "25. The applicant decided not to appeal against the judgment of the Velykomykhaylivsky Court as, from her point of view, it offered no prospects of success." ]	[ 3 ]
[ "4. Mrs Aleksandra Gracheva was born in 1947; Mr Nikolay Grachev was born in 1936; Mr Anatoliy Yakovlevich Pedan was born in 1942 and Mr Eduard Gennadyevich Kuznetsov was born in 1969. All the applicants reside in the town of Zhovti Vody, the Dnipropetrovsk Region.", "5. Between 1999 and 2001 the applicants instituted separate sets of proceedings in the Zhovti Vody City Court (hereafter “the City Court”), seeking the recovery of salary arrears against their former employer - the State owned Electrongaz Company (hereafter “the Company”).", "6. On 7 June 1999 and 30 March 2001 the City Court awarded Mrs Aleksandra Gracheva a total of UAH 6,759[1] against the Company.", "7. By the City Court’s judgments of 7 June 1999 and 4 May 2001, and the Dnepropetrovsky Regional Court of Appeal’s decision of 15 August 2001, Mr Nikolay Grachev was awarded a total of UAH 5,358[2] against the Company.", "8. On 31 March 2000 and 29 March 2001 the City Court awarded Mr Pedan salary arrears of UAH 7,027[3] against the Company.", "9. On 19 February 1999 the City Court ordered the Company to pay Mr Kuznetsov UAH 2,916[4] in salary arrears.", "10. All the judgments above became final and were sent to the Zhovti Vody City Bailiffs’ Office (hereafter “the Bailiffs”) for compulsory enforcement.", "11. In letters dated 23 and 24 January 2003, the Bailiffs informed the applicants that the enforcement of the judgments in their favour was impeded by the entry into force of the Law on the Introduction of a Moratorium on the Forced Sale of Property 2001, which barred the attachment and sale of the Company’s capital assets.", "12. On 7 March 2003 the Dnipropetrovsk Regional Commercial Court (hereafter “the Commercial Court”) instituted bankruptcy proceedings against the Company and issued an injunction, barring the debt recovery. On 10 October 2003 the Commercial Court approved the rehabilitation proposal and appointed a trustee to run the bankruptcy rehabilitation of the Company’s business.", "13. On 21 October 2004 the Bailiffs terminated the enforcement proceedings in the applicants’ favour as the awards were paid to them in full." ]	[ 3, 9 ]
[ "4. The applicant was born in 1948 and and lives in Bratislava.", "5. The facts of the case, as submitted by the parties, may be summarised as follows.", "6. On 30 August 1991 the applicant filed an action with the Bratislava III District Court. She claimed that the defendants should be restrained from trespassing on her plot of land and from damaging her property and ordered to compensate her for damage.", "7. In the course of 1991 both parties made submission to the court. The applicant submitted further claims.", "8. On 5 March 1992 the District Court adjourned the case. The applicant was invited to specify her claims in which, inter alia, she contested the validity of a purchase contract which she had concluded with the defendants in 1982. The applicant submitted further documents on 9 March 1992. The defendants commented on them on 31 March and on 13 April 1992.", "9. Hearings were held on 26 May 1992, on 1 July 1992 and on 3 September 1992. Between the hearings the applicant continued submitting further documents.", "10. On 16 October 1992 the District Court decided to obtain expert opinion on the applicant’s legal capacity at the time when she had signed the contract in 1982. On 9 November 1992 the applicant appealed claiming that she was unable to pay an advance on the expert’s fee. She withdrew the appeal on 20 January 1992. The file was transmitted to the expert on 27 November 1992. The expert submitted her opinion on 16 February 1993. On 23 March 1993 the court decided on the expert’s fee.", "11. In July and August 1993 the applicant made further submissions to the court.", "12. On 24 September 1993 the court scheduled a hearing for 3 December 1993. It was adjourned to 14 December 1993 at the applicant’s request. On 14 December 1993 and on 31 January 1994 the case had to be adjourned as the expert could not attend.", "13. A hearing was held on 7 June 1994. In the course of June and July 1994 the parties submitted further documents to the court.", "14. On 20 September 1994 the court heard the parties. The case was adjourned as the expert did not appear. On the same day the court gave a decision refusing to exempt the applicant from the obligation to pay the court fee. The applicant appealed against that decision on 12 October 1994.", "15. On 27 October 1994 the District Court dismissed the applicant’s claim concerning the validity of the purchase contract of 1982 on the ground that the applicant’s right to challenge the contract had lapsed. It further found that the remainder of the action, as specified by the applicant on 4 March 1992, concerned compensation for damage. The court decided to deal with that claim in a separate set of proceedings.", "16. On 17 November 1994 the applicant appealed against the decision to dismiss her claim concerning the validity of the purchase contract. She submitted further reasons for her appeal on 3 March 1995. The defendants submitted observations in reply on 10 April 1995. The file was transmitted to the Bratislava City Court on 26 April 1995.", "17. On 20 June 1995 the Bratislava City Court upheld the District Court’s judgment of 27 October 1994 as well as the first instance decision on the applicant’s obligation to pay the court fee. The appellate court’s judgment was served on the applicant on 14 November 1995. On 6 December 1995 she filed an appeal on points of law.", "18. On 12 April 1996 the District Court invited the applicant to pay the fee in respect of her appeal on points of law. On 22 April 1996 the applicant asked to be exempted from the obligation to pay the fee.", "19. On 2 October 1996 the Bratislava III District Court discontinued the proceedings on the ground that the applicant had failed to pay the cassation fee. On 14 October 1996 the applicant withdrew her above request and she paid the fee. On 7 April 1997 the District Court quashed its decision of 2 October 1996.", "20. The District Court transmitted the file with the applicant’s appeal on points of law to the Supreme Court on 5 March 1998.", "21. On 24 April 1998 the Supreme Court returned the case to the Bratislava III District Court noting that the Bratislava City Court’s judgment of 20 June 1995 had not yet become final.", "22. On 20 August 1998 the applicant’s mother also filed an appeal on points of law against the City Court’s judgment. The defendants submitted their comments in September 1998. The file was transmitted to the Supreme Court on 10 November 1998. The Supreme Court sent the case back to the District Court, on 10 December 1998, as the applicant’s mother had not been requested to pay the cassation fee. Following the District Court’s request on 7 January 1999, the applicant’s mother paid the fee on 15 January 1999. The file was again transmitted to the Supreme Court on 26 January 1999.", "23. The Supreme Court dismissed the appeals on point of law on 24 March 1999.", "24. As stated above, the Bratislava III District Court decided, on 27 October 1994, to deal in a separate set of proceedings with the applicant’s claim for damages filed on 4 March 1992.", "25. On 27 May 1997 the proceedings relating to this claim were registered under number 7 C 87/97. On 14 July 1998 the same case was again registered under number 12 C 211/98. As both cases concerned the same subject-matter and parties, the proceedings registered under the former number were formally discontinued on 1 August 2001. That decision became final on 2 October 2001.", "26. On 19 August 1998 the District Court requested the applicant to eliminate formal shortcomings in her action. The applicant replied on 28 August 1998.", "27. On 16 February 2000 the District Court again requested the applicant to bring her submissions into line with the formal requirements. On 14 March 2000 the applicant replied that she had complied with the relevant requirements. She further requested that the proceedings be stayed pending the outcome of proceedings on her application filed with the Court.", "28. On 5 June 2000 the Bratislava III District Court dismissed the request as it found no relevant reason for staying the proceedings. The applicant appealed.", "29. On 13 October 2000 the Bratislava III District Court informed the applicant that her original action was still incomplete and invited her to eliminate formal shortcomings in it.", "30. On 24 November 2000 the District Court discontinued the proceedings No. 12 C 211/98 as it found that the claim did not conform to the formal requirements. On 29 December 2000 the applicant appealed against this decision.", "31. On 31 January 2001 the Bratislava Regional Court upheld the first instance decision of 5 June 2000 by which the applicant’s request for the proceedings to be stayed had been dismissed.", "32. On 26 February 2002 the Bratislava Regional Court upheld the District Court’s decision to discontinue the proceedings delivered on 24 November 2000. That decision thus became final on 29 April 2002. The Regional Court concluded that, despite several requests, the applicant had failed to describe the relevant facts and to sufficiently specify the claim on which the courts were called upon to decide.", "33. On 30 April 2002 the applicant lodged an appeal on points of law against the Bratislava Regional Court’s decision. The Supreme Court rejected the appeal on points of law on 28 May 2003.", "34. On 3 April 2003 the applicant lodged a complaint with the Constitutional Court pursuant to Article 127 of the Constitution, as in force since 1 January 2002. She alleged, inter alia, a violation of her right to a hearing without undue delay in the proceedings registered under No. 7 C 87/97 and in the proceedings concerning the validity of the purchase contract of 1982.", "35. On 3 December 2003 the Constitutional Court dismissed the complaint. Since the proceedings concerning the validity of the purchase contract had ended on 24 March 1999, the applicant’s complaint in their respect was submitted after the expiry of the statutory two months’ time‑limit. As to the complaint about the length of Bratislava III District Court proceedings No. 7 C 87/97, the Constitutional Court found that final decision had been given in 2001. However, it could only entertain such complaints where the proceedings complained of were pending at the moment when a complaint under Article 127 of the Constitution was filed." ]	[ 3 ]
[ "9. The applicant was born in 1953 and lives in Kyiv. He is a former employee of the Institute of Semiconductor Physics of the Academy of Sciences of Ukraine (the “ASU”).", "10. Between 1991 and 1995 the applicant, who was already a tenant of studio No. 35/5 in a communal apartment, petitioned various Ukrainian authorities seeking the right to reside in studio No. 35/6, which had become vacant in January 1995. By a decree of 10 July 1995, the Leningradsky District Council of Kyiv (the “LDC”) granted Mrs V.M.K. (a private person) the right to use that studio.", "11. On 30 August 1995 the applicant lodged complaints with the Leningradsky District Court of Kyiv (the “Leningradsky Court”), seeking Mrs V.M.K.’s eviction from the studio. He also requested the court to issue him with a certificate granting him the right to occupy it.", "12. On 22 November 1996 the Leningradsky Court rejected the applicant’s claims as being unsubstantiated. On 5 February 1997 the Kyiv City Court quashed this judgment and remitted the case for fresh consideration.", "13. In December 1997 the applicant lodged his complaints with the Leningradsky Court against the ASU and the LDC, seeking to quash the decree of 10 July 1995 and to be allocated studio No. 35/6. By a judgment of 4 December 1997, the court quashed the decree of 10 July 1995 and recognized the applicant’s right to use the studio. The court ordered the respondents to take all necessary measures for the applicant’s enjoyment of his residential premises and the enforcement of the judgment of 4 December 1997. The judgment became final on 14 December 1997.", "14. In January 1998 the applicant lodged the writ of execution with the Leningradsky District Execution Service of Kyiv. As a result, the certificate of Mrs V.M.K. granting her the use of studio No. 35/6 was annulled.", "15. On 6 February 1998 the applicant lodged the writ of execution with the Starokyivsky District Execution Service of Kyiv (the “Starokyivsky Execution Service”) to oblige the ASU, one of the owners of the apartment, to certify that he could use studio No. 35/6. The execution proceedings were instituted on 23 February 1998.", "16. Between April 1998 and February 1999, the applicant lodged several complaints with the Leningradsky Court, the Starokyivsky District Court of Kyiv (the “Starokyivsky Court”), the Kyiv City Court, the General Prosecution Service and the Kyiv Department of the Ministry of Justice, complaining about the failure of the Execution Service to enforce the judgment of 4 December 1997.", "17. On 1 September 1998 the Starokyivsky Execution Service initiated administrative proceedings against the Logistics Director of the ASU who had failed to execute the judgment given in the applicant’s favour.", "18. On 10 September 1998 the Logistics Department of the ASU informed the applicant and the Starokyivsky Court that the applicant had received the keys and free access to studio No. 35/6 in May 1998.", "19. On 23 September 1998 the Starokyivsky Court fined the Logistics Director of the ASU for failure to comply with the judgment of 4 December 1997.", "20. The Director appealed against this decision as he did not have the power to issue a certificate for the use of the apartment, which power lay with the LDC. The Kyiv City Court allowed the Director’s appeal on 4 November 1998. On 29 December 1998 the Starokyivsky Court dismissed the petition of the Starokyivsky Execution Service of 1 September 1998 by which it had initiated administrative proceedings against the Logistics Director of the ASU.", "21. On 5 August 1999 the applicant was dismissed from his position at the ASU for alleged failure to appear at work for a lengthy period of time.", "22. On 6 August 1999 the ASU issued resolution No. 1041 granting the applicant the use of studios Nos. 35/5 and 35/6. They also petitioned the LDC to issue a certificate (ордер) for the applicant’s use of those studios.", "23. On 28 September 1999 the LDC issued decree No. 1329 authorising the applicant to use apartments Nos. 5 and 6 situated at 14, Dobrokhotov Street in Kyiv.", "24. On 12 October 1999 the Kyiv Department of Justice informed the applicant about the execution of the judgment of 4 December 1997.", "25. On 20 October 1999 the LDC issued a certificate (ордер на квартиру) to the applicant recognising his right to use the aforementioned apartments.", "26. On 29 October 1999 the applicant informed the Court that the certificate for the use of the appartment was invalid as it concerned apartments No. 5 and 6, but not studios Nos. 35/5 and 35/6, specified in the judgment of the Leningradsky Court.", "27. In January 2001 the ownership title of appartment No. 35 belonging to the ASU was transferred to the LDC.", "28. In July 2003 the applicant was informed by the Communal Residence Department of the LDC that he would be provided with a certificate for his residential premises.", "29. On 7 August 2003 the LDC issued decree No. 1411 acknowledging the applicant’s right to use studio No. 35/6 and issued him with a certificate of use on 2 September 2003." ]	[ 3 ]
[ "4. The applicant was born in 1948 and lives in Shostka, the Sumy Region, Ukraine.", "5. In October 1998 the applicant instituted proceedings in the Shostka City Court against the Department of Education of the Shostka Municipal Council (the Department), seeking to recover additional salary for her time-in-service and healthcare benefits.", "6. On 8 December 1998 the Shostka City Court ordered the Department to pay the applicant UAH 1,201[1] in compensation. The judgment was not executed due to the Department’s lack of funds.", "7. In July 1999 the applicant instituted proceedings in the Shostka City Court against the Shostka State Execution Service seeking to oblige it to execute the decision of 8 December 1998 and to receive compensation for moral damage caused by the non-execution of that judgment.", "8. On 29 July 1999 the Shostka City Court rejected these claims as being unsubstantiated. It also found that the judgment was not executed due to the lack of funds in the State budget.", "9. On 8 September 1999 the Sumy Regional Court upheld that decision.", "10. Between 1999 and 2001 the applicant unsuccessfully complained to the Presidents of the Sumy Regional Court and the Supreme Court of Ukraine with a view to having supervisory review proceedings initiated in her case.", "11. On 14 March 2001 the writ of execution was returned to the applicant unenforced due to the lack of funds on the accounts of the education department.", "12. On 17 May 2001 the Regional Court informed the applicant that there were no grounds for initiating supervisory review proceedings upon her complaints.", "13. On 2 July 2001 the Department responsible for the public water supply of the Shostka Municipal Council (the “DPW”) instituted proceedings in the Shostka City Court against Mr V.S. Kireyev (“V.S.K”.), seeking the payment of UAH 796.25[2] for the water supplied to him and his use of the water mains. On 21 February 2002 the Shostka City Court allowed the DPW’s claims and ordered V.S.K. to pay the debt. On 29 May 2002 the Sumy Regional Court of Appeal upheld that decision.", "14. In August 2001 the State “Sumyteplocomunenergo” company (the “SCS”) instituted proceedings in the Shostka City Court against V.S.K., seeking the payment of UAH 113.76[3] for his use of heating facilities. On 25 January 2002 the Shostka City Court allowed the SCS’s claims and ordered V.S.K. to pay the debt. On 29 April 2002 the Sumy Regional Court of Appeal upheld that decision.", "15. On 28 August 2001 the DPW instituted proceedings in the Shostka City Court against the applicant, seeking the payment of UAH 311.44[4] for the water supplied to her and for her use of the water mains. On 21 February 2002 the Shostka City Court allowed the DPW’s claims and ordered the applicant to pay the debt. On 29 May 2002 the Sumy Regional Court of Appeal upheld that decision.", "16. On 2 July 2001 the SCS instituted proceedings in the Shostka City Court against the applicant, seeking the payment of UAH 773.85[5] for the use of heating facilities. On 1 March 2002 the Shostka City Court allowed the SCS’s claims and ordered the applicant to pay the debt. On 29 May 2002 the Sumy Regional Court of Appeal upheld that decision." ]	[ 3 ]
[ "6. The applicant was born in 1939 and lives in Bratislava.", "7. The inhabitants of the house in which the applicant lives asked the owner of the house to transfer to them the ownership of the respective flats pursuant to the Flat and Other Premises Ownership Act of 1993. The administrator of the house, the Bratislava - Staré mesto municipality, proposed to sell the flats to the inhabitants. However, it excluded the loft from the sales contracts as it envisaged selling it to a third person who planned to build new flats there. Subsequently the following relevant facts occurred and decisions were taken.", "8. On 4 November 1998 the applicant and nine other inhabitants challenged the validity of the construction contract concluded between the municipality Bratislava - Staré mesto and the company RAFT, s.r.o. concerning the construction of flats at the roof level of the house in which the plaintiffs lived.", "9. On 11 July 2001 the President of the Bratislava I District Court informed the applicant that the judge dealing with the case had a heavy workload and that she had therefore not yet started examining the case.", "10. On 18 October 2002 the Bratislava I District Court declared the contract void. The defendants appealed. The proceedings are pending before the Bratislava Regional Court.", "11. On 23 July 1999 the applicant and the other inhabitants of the house claimed that the Bratislava I District Court should deliver a judgment replacing the declaration of intent of the Bratislava - Staré mesto municipality and permitting the transfer of ownership of the flats, including the loft, to them under the Flats and Other Premises Ownership Act of 1993. The plaintiffs claimed that the defendant municipality had failed to comply with its statutory obligation to do so.", "12. On 4 November 1999 the plaintiffs submitted further information at the court’s request.", "13. On 28 February 2000 the District Court discontinued the proceedings on the ground that the action was incomplete.", "14. The plaintiffs appealed and the Bratislava Regional Court, on 25 May 2000, quashed the first instance decision.", "15. The appellate court’s decision was served in June 2000. On 1 February 2001 the District Court requested the defendant to submit comments on the action.", "16. On 10 May 2001 the applicant submitted further information at the District Court’s request.", "17. On 26 November 2002 the Bratislava I District Court dismissed the action. It noted that several plaintiffs had already concluded purchase contracts in respect of their apartments and that in the draft contracts attached to their action the plaintiffs proposed to buy the apartments from a person other than the defendant.", "18. On 5 February 2003 the applicant and the other plaintiffs appealed.", "19. On 9 September 2003 the Bratislava Regional Court upheld the first instance judgment concluding that the plaintiffs had failed to comply with the relevant statutory requirements.", "20. On 31 August 2001 the Constitutional Court found that the applicant’s constitutional right to a hearing without undue delay had been violated by the Bratislava I District Court in both the above sets of proceedings. It held that the District Court had failed to proceed with the cases in an appropriate manner as a result of which there had been unjustified delays in the proceedings. As regards the proceedings concerning the sale of the apartments in particular, the Constitutional Court held that the District Court had remained inactive for a period of 7 months between 16 June 2000 and 1 February 2001.", "21. At the moment of delivery of its finding the Constitutional Court lacked power to provide redress to plaintiffs whose right to a hearing within a reasonable time had been violated (for further details see, e.g., Švolík v. Slovakia, no. 51545/99, §§ 24-28, 15 February 2005)." ]	[ 3 ]
[ "9. The applicant, Mr Nuri Kurt, is a Turkish citizen who was born in 1954 and currently lives in Diyarbakır, Turkey. Until 1994 the applicant lived in Suçıktı, a village of the Kocaköy district in the province of Diyarbakır.", "10. The application concerns the alleged destruction of the applicant’s house by State security forces and village guards, and the national authorities’ refusal to allow the applicant to return to his village.", "11. The facts surrounding the alleged destruction of the applicant’s house and his inability to return to his village are in dispute between the parties.", "12. In December 1994 a landmine placed on the road to Geyiksırtı, a neighbouring village of Suçıktı, exploded and caused the death of a number of village guards. Security forces from the District Gendarmerie Command in Kocaköy and village guards from the Geyiksırtı village accused the inhabitants of Suçıktı of perpetrating the explosion since they had refused to serve as village guards. They threatened to evacuate the village unless the inhabitants left their homes within a week. Along with a number of fellow villagers, the applicant left his home and moved to Diyarbakır where he currently lives.", "13. Sometime in July or August 1995, village guards from the Geyiksırtı village burned the villagers’ crops in Suçıktı. During the incident, a small number of houses caught fire, although the applicant’s house remained intact.", "14. On an unspecified date, the applicant learned through his acquaintances that on 22 December 1995, two days before the general elections, security forces and village guards had set fire to his house, along with all other houses in the village.", "15. Immediately after the burning of the village, the security forces and village guards arrived in Günalan, a neighbouring village. They required the villagers to assemble in the village square and threatened to burn the houses in Günalan too if the villagers were to vote for HADEP (the People’s Democracy Party) in the forthcoming elections.", "16. On 2 February 1996 the applicant, along with some of his fellow villagers, lodged applications with the offices of the Diyarbakır Governor, the Kocaköy District Governor and the Diyarbakır Chief Public Prosecutor. He complained that security forces from the District Gendarmerie Command in Kocaköy and village guards from Geyiksırtı had set fire to his house, along with other houses in the village. He requested that the perpetrators of the act be prosecuted, that the damage he had sustained be redressed and that the required measures be taken in order to enable him and other villagers to return to their homes.", "17. On 1 May 1997 the Diyarbakır Chief Public Prosecutor issued a decision of lack of jurisdiction and sent the case file to the office of the Administrative Council in Diyarbakır, in accordance with the Law on the Prosecution of Civil Servants (Memurin Muhakematı Kanunu).", "18. On 30 May 1997 the applicant lodged his application with the European Commission of Human Rights alleging violations of Articles 6, 8, 13 and 14 of the Convention, and Article 1 of Protocol No. 1.", "19. On 31 May 1997 the Kocaköy District Administrative Council launched an investigation into the applicant’s allegations. The investigation was conducted by a gendarme major, Mr Metin Fırat, who had been appointed as an investigator (muhakkik) by the Commission on the Prosecution of Civil Servants (“the CPCS”).", "20. On 3 September 1997 the CPCS decided that most of the houses in Suçıktı had been burned down as a result of a fire which had started in the Haran hamlet of Karaçimen, due to the burning of stubble in a field. The CPCS concluded that no proceedings should be brought against the accused security forces and the village guards. The case file was then sent to the Diyarbakır Regional Administrative Court.", "21. On 27 November 1997 the Kocaköy District Administrative Council’s decision was served on the applicant.", "22. On 1 December 1997 the applicant filed an objection with the Diyarbakır Regional Administrative Court against the decision given by the CPCS.", "23. On 2 December 1997 the Diyarbakır Regional Administrative Court quashed the decision of the CPCS on the ground that the investigation file was incomplete. The court reasoned that the investigating authorities should have heard the applicant before reaching a conclusion on the matter.", "24. On 8 July 1998 the CPCS, after completing the investigation file, reiterated its decision of 3 September 1997 that no proceedings should be brought against the security forces and the village guards.", "25. On 20 October 1998 the Diyarbakır Regional Administrative Court upheld the decision of the CPCS.", "26. On 8 July 1999 the Registry of the Court sent a letter to the applicant’s representative requesting him to provide a copy of the Administrative Court’s decision.", "27. On 20 July 1999 the applicant applied to the Diyarbakır Regional Administrative Court’s registry for a copy of its decision of 20 October 1998. The request was rejected, the applicant being informed that he should apply to the Kocaköy District Governor’s office.", "28. In July 2000 a group of people, encouraged by unspecified village guards, settled in Suçıktı together with their livestock.", "29. On 17 August 2000 the applicant filed a petition with the Kocaköy District Governor’s office requesting permission for his family’s return to Suçıktı and the eviction of these new dwellers from their property. The applicant did not receive any response to his petition.", "30. In April 1994 the applicant, along with other villagers, left the Suçıktı village due to pressure by the PKK (the Kurdistan Workers’ Party).", "31. On 27 September 1994 a fire started in Haran, a hamlet of the Karaçimen village in Diyarbakır, caused by the burning of stubble in a field. The fire went out of control and spread to the Bozbağlar village, the Gültarla hamlet and the Suçıktı village. Despite the efforts of the Kocaköy Fire Brigade and the village guards from the neighbouring villages, most of the buildings in Suçıktı burned down, although the applicant’s house remained undamaged.", "32. On 19 December 1996 the applicant lodged a petition with the Public Prosecutor’s office in Diyarbakır, complaining about the burning down of his house by security forces from the District Gendarmerie Command in Kocaköy and village guards from the Geyiksırtı village.", "33. On 17 March 1997 the Diyarbakır Chief Public Prosecutor issued a decision of lack of jurisdiction and sent the case file to the office of the Administrative Council in Diyarbakır, in accordance with the Law on the Prosecution of Civil Servants.", "34. On 16 May 1997 the Governor’s office in Diyarbakır initiated an investigation into the applicant’s allegations.", "35. On 31 May 1997 a gendarme captain was appointed by the District Gendarmerie Command in Kocaköy to investigate the applicant’s allegations. Between 6 June 1997 and 5 August 1997, the investigator took statements from a total of fourteen witnesses, including some inhabitants of nearby villages, military officers and fire fighters serving in Kocaköy.", "36. In view of these statements, the investigator concluded that the houses in Suçıktı had been burned down in September 1994 as a result of a fire which had started in the Haran hamlet of Karaçimen, due to the burning of stubble in a field. He further noted that there were no traces of burning on the wooden parts of the applicant’s house and that, therefore, it could not have been exposed to fire.", "37. The investigation conducted by the gendarmes further revealed that the applicant leased his land to two villagers in return for a share of the crop, which fact was confirmed by some villagers and the village mayor (muhtar).", "38. Currently, there are inhabitants living and cultivating fields in Suçıktı. 1. Documents submitted by the applicant\n(a) A copy of the applicant’s petition to the Governor’s office in Diyarbakır, dated 2 February 1996", "39. In his petition submitted to the Governor’s office in Diyarbakır, the applicant complained about the forced eviction of the inhabitants of Suçıktı and the subsequent burning of the houses in the village by security officers and village guards. The applicant requested that their safe return to their homes be guaranteed, the perpetrators be brought to justice and their damage be redressed.\n(b) A copy of the applicant’s petition to the Diyarbakır Regional Administrative Court against the CPCS decision of 3 September 1997", "40. On 1 December 1997 the applicant filed an objection with the Diyarbakır Regional Administrative Court against the decision given by the CPCS, which had held that no prosecution should be initiated against the alleged perpetrators. The applicant complained that the CPCS had conducted a superficial investigation with a view to covering up the crimes.\n(c) A copy of the applicant’s petition to the Diyarbakır Regional Administrative Court, requesting notification", "41. On 20 July 1999 the applicant applied to the Diyarbakır Regional Administrative Court’s registry for copies of its decisions of 2 December 1997 and 20 October 1998. The request was rejected.\n(d) Statement dated 4 July 2000 by Mr Mehmet Yoldaş; and statements dated 3 July 2000 by Mr Abdulbaki İpek, Mr Masum Tosin, Mr Hasan Kaya and Ms Mevlude Uçar", "42. Until 1994, the witnesses were resident in Suçıktı. They provided separate but, in part, identical statements.", "43. Among these witnesses, Mr Yoldaş stated that in 1994 security forces and village guards had exerted pressure upon them into either becoming village guards or vacating the village. Mr Yoldaş and Mr İpek stated that security forces and village guards had been harassing the villagers as they believed that the villagers had been aiding and abetting the PKK. They claimed further that the village had been raided and searched on several occasions and that the villagers had been routinely battered.", "44. Mr Yoldaş stated, but none of the other witnesses confirmed, that one night in October or November 1992, unidentified persons opened fire at the village, wounding Mr Yoldaş and killing his 15-year old daughter. Mr Yoldaş heard rumours that the village guards from the Kırmataş and Rıkala villages were responsible for the shootings. He believed that the public prosecutor in charge had conducted a spurious investigation without even taking his statement. He stated that security forces and village guards had threatened to kill the villagers if they filed complaints against the allegedly guilty village guards. Out of fear and ignorance, Mr Yoldaş did not complain to the authorities about such threats.", "45. Mr Yoldaş and Mr İpek asserted that in March 1993 security forces and village guards had assembled the villagers in Akrad-Günalan and had tortured them. Mr Abdulbaki İpek elaborated on the incident, stating that he was one of the four victims and that he had suffered three broken ribs. They also submitted that, angered by the landmine explosion, security forces and village guards had come to Suçıktı and had threatened to kill the villagers if they did not vacate the village. Such threats, added to earlier incidents, caused these witnesses and their families to leave the village on an unspecified date. Conversely, Masum Tosin, Hasan Kaya and Mevlude Uçar stated that the fire in September 1994 had taken place six or seven months after they had left the village. In this connection, Mr Tosin and Mr Kaya noted that, after the fire, they had gone to the village to examine the damage. It appears from these statements that at least some of the villagers, including these witnesses and their families, had left the village long before December 1994, the time when the landmine exploded and security forces and village guards allegedly forced the inhabitants of Suçıktı to evict their homes.", "46. In response to the Government’s claim that the village was abandoned due to PKK repression, the witnesses explained that PKK militants had never come to Suçıktı, even less terrorized the villagers.", "47. Concerning the fire which started in 1994, the witnesses explained that the fire had spread to the Haran hamlet, the Gültarla village and finally to Suçıktı, and had burnt the crops in those areas, including those of the applicant and his brother. They stated that around 20 houses on the west side of Suçıktı had burned down, while the concrete houses and the ones located in the centre and the east side of the village had survived the fire.", "48. The witnesses said that they had heard from their acquaintances living in neighbouring villages that, two days before the general elections of 1995 (i.e. 22 December 1995), security forces and village guards had set fire to the houses which had survived the previous fire of 1994. According to Mr Yoldaş and Mr İpek, immediately after the burning down of Suçıktı, security forces and village guards went to the Akrad-Günalan village and threatened to burn that village too if the villagers voted for HADEP in the elections.", "49. The witnesses added that, since 1998 or 1999, the authorities had been allowing the Suçıktı villagers to cultivate their fields in association with subcontractors from neighbouring villages. They claimed, however, that the applicant and his brother had been denied such permission.\n(e) Statements by Mr Zeynar Nifak and Yemlihan Fahrioğlu, dated 18 November 2003", "50. Mr Nifak and Mr Fahrioğlu have lived in the Karaçimen village of the Kocaköy District in Diyarbakır since their childhood. They have been cultivating the applicant’s land since 2002. They stated that on 1 February 2003 they were called to the District Gendarmerie Command in Kocaköy and made to sign some documents, which they had later learned to be their witness statements. Since they were both illiterate they had not been aware of the content of such statements.", "51. They further asserted that everybody knew how the village had been evacuated but that they had preferred to remain silent for their own sake.\n(f) Letter from the Gendarmerie Command in Lice distributed to the village mayors’ office in Lice, dated 9 September 2001, regarding the official policy on “the return to villages”", "52. This letter informed all village mayors in Lice about the policy set for an orderly return to the villages previously abandoned because of terrorism. It stated that all villagers were free to return to the villages found suitable for habitation by the respective District Governors.", "53. The letter divided villages into three categories in respect of the permitted time for such returns. It gave no indication as to which village fell under which “phase”. It explained that the former inhabitants of certain “phase-II villages” could return to those villages only for cultivation purposes during the day time. The letter did not contain any indication about the phase/category in which Suçıktı falls.", "54. According to the letter, no villager was allowed to resettle in or stay overnight in “phase-II” and “phase-III” villages until a decision had been taken by the respective governor’s office to that effect.\n(g) Letter from the Land Forces Command in Lice, Diyarbakır, addressed to the District Governor’s office in Lice, dated 11 September 2001", "55. The letter pointed out the difficulties faced by security forces during the military operations conducted in the rural areas of Lice, Kulp and Hani. It explained that during such operations it was difficult to distinguish terrorists from the villagers wandering around in rural areas. The letter advised that notice be given to villagers to avoid any unfortunate incident for which the authorities would not accept any responsibility.\n(h) Annual Reports of the Human Rights Foundation (“the TIHV”)", "56. The Human Rights Foundation is a non-governmental organisation with its head office in Ankara, Turkey. Its 1993 Report stated that, from 1990 to 1993, more than 913 villages and hamlets had been evacuated. The 1993 Report maintained that village evacuations had accelerated in 1993, mostly targeting the villages whose inhabitants refused to serve as village guards.", "57. The 1994 Report of the TIHV argued that the Government’s policy was to claim that the evacuations and eventual destructions were caused by PKK terror, poverty and the forces of nature. According to the same report, some 50 to 60 villages were burned down in each of the provinces subject to the emergency rule.", "58. The 1995 Report maintained that more than 400 villages had been evacuated in 1995. According to the 1996 Report, the State-of-Emergency Regional Governor once mentioned that a total of 918 villages and 1767 hamlets had been evacuated for various reasons, although never admitting that evacuations had been carried out by security forces.", "59. The 1997 and 1998 Reports described the Government’s policy of evacuating villages as a systematic “internal security operation” applied throughout the 1990s.\n(i) Excerpts from “Burned-down / Evacuated Villages and Migration”, a book published by the Human Rights Association", "60. The excerpts gave a comprehensive list of burned-down and/or evacuated villages from February 1990 to January 1999. The list did not make any reference to Suçıktı as having been evacuated and destroyed.", "61. The excerpts contained several articles reproduced from a daily newspaper Ülkede Gündem, relating to the evacuation of villages and its detrimental effects on the displaced persons. The articles stressed that numerous villagers had filed petitions with the State authorities, complaining that their villages had been burned down by security forces.", "62. The articles also emphasized that the Government’s public declarations, which appeared to allow displaced villagers to return to their villages, were unreliable. Whenever villagers had attempted to do so, they were physically denied access to their villages.\n(j) The report of 14 January 1998 of the Turkish Grand National Assembly’s Commission of Inquiry on the measures to be taken in order to address the problems of the persons displaced following the evacuation of settlement units in east and south-east Anatolia", "63. This report was prepared by a Commission of Inquiry composed of ten members of parliament. According to the report, in 1993 and 1994 the inhabitants of 905 villages and 2,923 hamlets were evicted and forced to move to other regions of the country (p.13). The number of people evicted from 90 villages and 225 hamlets in the province of Diyarbakır, where the Suçıktı village is located, was estimated to be around 50,371 (p.12).", "64. The report included a statement by Mr Doğan Hatipoğlu, a former governor of Diyarbakır. Mr Hatipoğlu explained that, during his office, occasional village evacuations by military authorities were brought to his attention. He stated that – although very rarely – he had received complaints about village burnings. According to Mr Hatipoğlu, it was inconceivable to assert that all the villages were vacated due to PKK coercion. He alleged that the Government had failed to take the necessary measures for a healthy resettlement of displaced persons (p.13).", "65. The report also referred to the “Human Rights Report – Turkey”, prepared and submitted to the Commission of Inquiry in 1995 by Mr Yavuz Önen, the chairman of the Human Rights Foundation. This latter report dedicated a chapter to immigrants and evacuated villages. It argued that, in 1995, the practice of evacuation of villages and hamlets was widespread. Many houses in villages were either destroyed or made uninhabitable. People were forced to emigrate from the region and pressure was exerted on the inhabitants until they left their villages. In early 1995 there was practically no village or hamlet inhabited except those whose inhabitants agreed to become village guards (p.19).", "66. The report of the Commission of Inquiry also referred to the speech delivered at the Turkish Grand National Assembly by Mr Salih Yıldırım, a deputy from Şırnak, on 3 June 1997 on the question of evacuated villages. Mr Yıldırım stated, inter alia, that the villages were evacuated either by the PKK, in order to intimidate those who opposed it, by the authorities since they were unable to protect the villages, or because the inhabitants of those villages refused to become village guards or were suspected of having aided the PKK (p. 20).", "67. In conclusion, it was recommended in the report that the inhabitants of the settlement units should be re-housed in the provinces, districts or central villages – rather than hamlets – close to the area where they used to live and that necessary economic measures should be taken with a view to providing employment to the inhabitants of the region, priority being given to the immigrants.\n(k) Photographs of the Suçıktı village showing the ruined houses and copies of title deeds", "68. In his letters dated 31 May 1999 and 24 March 2000, the applicant provided the Court with copies of title deeds representing the land jointly owned by him and others in Suçıktı, and three colour photographs of what he described as his and some other villagers’ burned-down houses. The applicant’s house and the date of those photos were not specified. There was no indication whether his house was indeed one of them. It was not possible to tell from the pictures whether the houses in question were burned down or had simply deteriorated over the years. The applicant supplied no expert opinion as to the nature of such destruction. Also, there were a number of undamaged houses in the photos. 2. Documents submitted by the Government\n(a) A copy of the letter from the District Gendarmerie Command in Kocayol to the Central Gendarmerie Station, dated 18 June 1997", "69. Kocayol District Gendarmerie Command sent a letter to Central Gendarme Station, ordering that various witnesses be summoned to give statements in connection with the investigation in progress.\n(b) Report of the gendarmerie investigation into the applicant’s allegations, dated 5 August 1997", "70. This report was prepared by a gendarme captain from the District Gendarmerie Command in Kocaköy. It contained the findings of the captain after his investigation into the applicant’s allegations of 31 May 1997. It gave an account of witness statements by villagers, army officers and fire fighters, as well as the investigator’s on-site observations.", "71. Between 6 June 1997 and 5 August 1997, the investigator took statements from a total of 14 witnesses, including inhabitants of nearby villages, military officers and fire fighters serving in Kocaköy.", "72. Behçet Başaran, Şeyhmuz Çakıştır, Salih Yılmaz, Maaz Yalçınkaya, Ahmet Gezer, Habip Ek, Hüseyin Buğdaycı, Kazım Buğdaycı, Abdulhaluk Ek and Mehmet Yıldız are inhabitants of nearby villages. In their individual statements, Şeyhmuz Çakıştır, Ahmet Gezer, Habip Ek, Hüseyin Buğdaycı, Kazım Buğdaycı and Abdulhaluk Ek pointed out that the inhabitants of Suçıktı had left their homes in 1994 because of the mounting coercion exerted by the PKK. Behçet Başaran, Salih Yılmaz and Maaz Yalçınkaya stated that they had rushed to Suçıktı when they heard about the fire in September 1994. They claimed that the fire fighters and village guards had made every effort to put the fire out and that they had not seen any soldier nor had they heard a rumour that soldiers and village guards had started the fire. Mr Başaran, Mr Yılmaz, Mr Yalçınkaya and Mr Gezer further stated that they believed that the fire had stemmed from the burning of wheat stubble.", "73. Mehmet Kaya and Abdullah Efe are fire fighters in Kocaköy. In their individual statements, these witnesses explained that they had rushed to Suçıktı immediately after the Mayor’s office had informed them about the fire. They submitted that, despite all efforts, the fire had got out of control and had burned the village, together with some parts of the neighbouring villages. They added that gendarmes and village guards could not have started the fire as there were no soldiers in the area and the village guards were the ones making the most fervent efforts to extinguish the fire.", "74. Mustafa Kalfa and Kazım Çelik were gendarme officers. In their separate statements, they asserted that all gendarme operations had been recorded in a book on a daily basis but that there was no record of any operation on 22 December 1995 in Suçıktı. Mr Çelik explained that gendarmes had had no reason to go to Suçıktı as the inhabitants had already abandoned that village. Mr Çelik added that most houses in Suçıktı had been built of adobe, which would explain their natural deterioration over the years.", "75. Hüseyin Buğdaycı, Kazım Buğdaycı and Abdulhaluk Ek were village guards. They each stated that the villagers had left their home in 1994 because of PKK terrorism. They noted that everybody in the neighbouring villages knew about the fire in September 1994 and how it had destroyed Suçıktı. They further explained that the applicant was making dishonest claims in an effort to discredit them as village guards.", "76. In view of these statements, the investigator concluded that the houses in Suçıktı had been burned down in September 1994 as a result of a fire which had started in the Haran hamlet of Karaçimen, due to the burning of stubble.", "77. The report also included photographs of the applicant’s ruined house in Suçıktı. From his examination, the investigator concluded that there were no traces of burning on the wooden parts of the applicant’s house. Accordingly, the investigator concluded that the house could not have been exposed to fire.", "78. The investigator further established that the applicant had been leasing his land to two farmers from a neighbouring village in return for a share of the crop, and thereby had been reaping economic benefits from his land.\n(c) A copy of the Diyarbakır Regional Administrative Court’s decision of 2 December 1997", "79. In a decision of 2 December 1997, the Diyarbakır Regional Administrative Court overturned the “non-prosecution” decision of the CPCS. The court reasoned that the applicant’s testimony should have been taken. It therefore ruled that the investigation file was incomplete.\n(d) A copy of the “non-prosecution” decision of the CPCS, dated 8 July 1998", "80. Upon the Diyarbakır Regional Administrative Court’s invalidation of the CPCS decision of 3 July 1997 on procedural grounds, the CPCS completed the case file by taking the applicant’s testimony.", "81. In his testimony, the applicant admitted that he had not been present in Suçıktı at the time of the burning of his house by security forces and village guards. He claimed that he had heard about the incident from Mahmut Gezer, a resident of the Günalan village. However, in his statements dated 8 July 1998, Mr Gezer submitted that he had not seen or stayed in contact with the applicant since he had left the village in 1994.", "82. The decision further indicated that the photographs taken at the site of the alleged incident revealed that the applicant’s house had deteriorated for natural reasons and the fact that it had remained uninhabited for years.", "83. Based on such findings, the CPCS reiterated its previous decision that no proceedings should be brought against the accused security forces and the village guards.\n(e) Decision dated 8 July 1998 on the notification of the CPCS decision via a newspaper announcement and a copy of that announcement", "84. Upon failed attempts to locate the applicant, the Kocaköy District Governor’s office decided to serve the CPCS’ decision of 8 July 1998 to the applicant by way of an announcement, pursuant to Articles 28 et seq. of the Law on Service of Process no. 7201.", "85. On an unspecified date, the announcement appeared in a local newspaper.\n(f) Investigation report dated 30 July 2003, prepared by gendarme officers Mr Yavuz Hüsem, Mr Uğur Turan and the Suçıktı village mayor (muhtar) Mr Muharrem Buğdaycı", "86. This report contains the gendarme officers’ findings that the applicant’s house had deteriorated because it had not been inhabited for a long time. The report indicated that the applicant has leased his land for cultivation to two villagers by the names of Emrihan and Zeynar.\n(g) Mehmet Kaya’s statements dated 30 July 2003", "87. In September 1994, Mr Kaya was a fire fighter in Kocayol. He and his colleague, Mr Abdullah Efe, were on duty when the fire started in Suçıktı and its vicinity. He and his colleagues immediately rushed to Suçıktı as soon as they heard about the fire from the Mayor’s office. Mr Kaya was driving the fire engine, accompanied by Mr Efe. By the time they arrived, the flames had already surrounded the entire village of Suçıktı. In the meantime, village guards came out to help. It was impossible to cut through the flames surrounding the village. As a matter of priority, they strived to extinguish the utility poles. Before long they ran out of water and were unable to quench the flames, which eventually burned down Suçıktı and the cultivated lands attached to it. Mr Kaya pointed out that he had not seen any military vehicles or gendarmes at the site of the fire. He added that the village guards had made every effort to fight the fire.\n(h) Şeyhmuz Çakıştır’s statements dated 30 July 2003", "88. Mr Çakıştır was a resident of the Günalan village of Kocayol. He stated that the inhabitants of Suçıktı had left their homes due to PKK coercion. When he had heard about the fire, he and his fellow villagers had gone to Suçıktı on tractors. They assisted the fire fighters and the village guards to put out the fire. The fire spread very quickly because of the strong wind and burned down Suçıktı and some parts of the neighbouring villages of Bozbağlar and Günalan. The witness did not hear any rumour that security forces and village guards had started the fire. He explained that the village guards were making every effort to fight the fire. This witness also believed that the fire had started due to the burning of wheat stubble.\n(i) Behçet Başaran’s statements dated 30 July 2003", "89. Mr Başaran lived in the Gültarla hamlet of the Suçıktı village. Like the Government’s other witnesses, Mr Başaran stated that, together with a group of fellow villagers, he had rushed to Suçıktı by tractor when he had heard about the fire. The fighters and village guards had made every effort to extinguish the fire which had been spread by a strong wind. The witness had never heard a rumour that security forces and village guards had started the fire.\n(j) Statements by Mevlut Ek and Necati Ek, dated 1 October 2003", "90. The witnesses are brothers who lived in the Geyiksırtı hamlet of Suçıktı. In their statements they submitted that the applicant’s allegations regarding the subject matter of the current application were untrue. They explained that the applicant, together with other inhabitants of Suçıktı, had left the village in 1993 or 1994 due to the PKK coercion. They stated that the applicant had made similar allegations in the past, which had also been fabricated. The witnesses added that nobody’s land in Suçıktı or the Geyiksırtı hamlet had been confiscated, and that the villagers could freely cultivate their fields.\n(k) Hüseyin Buğdaycı’s statements dated 1 October 2003", "91. Mr Buğdaycı was the head of the village guards in the Kocayol District at the relevant time, and resided in the Geyiksırtı hamlet of Suçıktı. This witness stated that the inhabitants of Suçıktı had left their homes in 1994 as a result of PKK coercion and intimidation, and that the applicant had chosen to move to Diyarbakır. He noted that the applicant’s land was being cultivated by two farmers from the Karaçimen village, Mr Zeynel Nifak and Mr Yemlihan Fahrioğlu. Accordingly, the applicant was not denied either the economic use of his land or access thereto.\n(l) Statements by Zeynar Nifak and Yemlihan Fahrioğlu, dated 2 October 2003", "92. The witnesses lived in the Çıkınılı hamlet of the Karaçimen village in Diyarbakır. They had been breeding livestock in the applicant’s village for many years. They stated that the Suçıktı villagers had left their homes in 1993 and had moved to neighbouring districts and cities. They noted that the fields in the village had been left uncultivated for a while, but from 1996 certain villagers had resumed farming, whereas Nuri Kurt had not. Seeing that there was no farming activity on the applicant’s land, the witnesses offered to cultivate his fields in return for a share of the crop. The witnesses agreed with the applicant on a verbal basis and have been cultivating his fields since 2002.", "93. The witnesses claimed that State security forces and village guards had not in any way exerted pressure on them or prevented them from cultivating the applicant’s fields." ]	[]
[ "5. The applicant was born in 1941 and currently resides in Kyiv.", "6. The applicant is a former employee of the State Committee on Nationalities and Migration (the “Committee”).", "7. On 15 December 1999 the President issued a decree “on changes to the structure of central government bodies” and liquidated the Committee. The decree also gave instructions to the Cabinet of Ministers (the “CM”) to control and manage the liquidation of the Committee.", "8. On 29 March 2000 the applicant was dismissed from his position as a secretarial assistant, with effect from 31 March 2000.", "9. On 4 April 2000 the CM decided to abolish this Committee and to create a Department of Nationalities and Migration within the Ministry of Justice. Some functions of the Committee were transferred to the Ministry of the Interior and the Ministry of Culture.", "10. In April 2001 the applicant instituted proceedings in the Pechersky District Court of Kyiv (the “Pechersky Court”) against the CM, seeking the recovery of unpaid salary.", "11. On 22 May 2001 the court allowed his claims. It decided that the CM was liable for the salary debt and ordered it to pay the applicant UAH 4,241[1] in compensation. In particular, it found that the CM, as the body responsible for managing and financing the liquidation of the Committee and a central body of executive power, was to ensure payment of the debt to the applicant.", "12. The writ of enforcement was issued on 20 July 2001.", "13. On 1 August 2001 the Pechersky District Bailiffs’ Service (the “PDBS”) commenced the enforcement of the judgment of 22 May 2001.", "14. On 20 November 2001 the First Deputy Prime Minister requested the Pechersky Court to suspend the enforcement proceedings in the case in view of the appeal in cassation pending before the Supreme Court. On the same date the CM lodged an appeal in cassation with the Supreme Court, through the Pechersky Court.", "15. On 7 December 2001 the Pechersky Court suspended the enforcement of that judgment in view of the pending cassation appeal.", "16. On 20 May 2002 the Supreme Court rejected the CM’s cassation appeal as being unsubstantiated. On 16 July 2002 the enforcement proceedings were resumed.", "17. On 10 October 2002 the Pechersky Court heard the request of the PDBS for an interpretation of the procedure for the enforcement of the judgment of 22 May 2001. In particular, it specified that the CM was responsible for the payment of the award.", "18. On 19 November 2002 the Deputy State Secretary of the CM, notwithstanding the ruling of 10 October 2002, informed the PDBS that the CM was a collegiate body and not a legal entity, and did not have its own funds or bank accounts that would contain such funds. He therefore concluded that the judgment of 22 May 2001 could not be enforced.", "19. On 27 November 2002 the PDBS returned the writ of enforcement to the applicant as it found that the CM had no funds and was not a legal entity.", "20. On 27 January 2003 the Golosiyivsky District Court of Kyiv (the “Golosiyivsky Court”) declared the failure of the PDBS to enforce the judgment of 22 May 2001 unlawful. It also ordered the PDBS to reinitiate the enforcement proceedings and comply with its obligations.", "21. On 18 February 2002 the PDBS reinitiated the enforcement proceedings in the case.", "22. On 24 March 2003 the PDBS informed the Pechersky Court that it could not enforce the judgment of 22 May 2001 as the CM was not a legal entity or physical person, and that it had no bank accounts or property of its own. It therefore asked the court to interpret the procedure for that judgment’s enforcement.", "23. On 19 June 2003 the Pechersky Court rejected the PDBS’s request as unsubstantiated. In particular, it held that the decision was sufficiently clear and there were no grounds for its further interpretation.", "24. On 25 July 2003 the enforcement proceedings were resumed and the CM was requested to pay the salary debt to the applicant.", "25. On 4 August 2003 the PDBS suspended the enforcement proceedings in the case.", "26. On 11 November 2003 the PDBS returned the writs of enforcement to the applicant as the CM had no funds and its property could not be attached due to the moratorium on the forced sale of State property.", "27. The applicant lodged a complaint against this decision with the Golosiyivsky Court. On 9 December 2003 the Golosiyivsky Court rejected the applicant’s complaint against the PDBS’s decision of 11 November 2003. On 26 February 2004 the Kyiv City Court of Appeal (the “Court of Appeal”) rejected the applicant’s appeal. In particular, it stated that the CM was not a legal person and its status was not determined by the law. It also found that the applicant had not appealed against the ruling of 3 February 2004 to the Court of Appeal (see paragraph 29 below).", "28. On 3 February 2004 the Pechersky Court rejected the applicant’s request to change the procedure for the enforcement of the judgment. In particular, the applicant demanded that the Logistics Department of the Secretariat of the CM pay him the debt awarded by the judgment of 22 May 2001. The court ruled that the Logistics Department was not liable for the CM’s debts.", "29. In February 2004 the applicant lodged a new complaint with the Pechersky Court against the CM, seeking compensation for the delay in payment of the debt awarded by the judgment of 22 May 2001 in non-pecuniary damage. On 13 February 2004 the court rejected his claims. On 5 and 26 March 2004 the Pechersky Court refused the applicant leave to appeal as the applicant had failed to mention the postal index of the CM or provide the necessary number of copies of his appeal.", "30. According to the parties’ submissions, the judgment of 22 May 2001 remains unenforced." ]	[ 3, 9 ]
[ "4. The applicant was born in 1951 and lives in the village of Kosharivka, the Kharkiv region, Ukraine.", "5. In 2000 the applicant instituted proceedings in the Kupyansk Town Court against the Joint Stock Company “Kupyanskyi Liteinyi Zavod” (the “KLZ”), in which the State held about 41% of the share capital. She sought the recovery of salary arrears. On 18 December 2000 the court awarded her UAH 1,400[1] in salary arrears and other payments.", "6. On 22 January 2001 the Kupyansk Town Bailiffs’ Service instituted enforcement proceedings in respect of that judgment.", "7. In 2001 the applicant filed an application with the labour disputes commission of the KLZ, seeking recovery of salary arrears. On 17 May 2001 the labour disputes commission allowed the applicant’s claims and ordered the KLZ to pay the applicant UAH 857[2] in arrears. On 23 May 2001 the commission issued a certificate in respect of its decision of 17 May 2001, which had the same status as a writ of execution issued by a court.", "8. On 8 June 2001 the Kupyansk Town Bailiffs’ Service instituted enforcement proceedings in respect of the commission’s decision.", "9. In June 2001 the applicant instituted proceedings in Kupyansk City Court against the KLZ, seeking compensation for non-pecuniary damage. On 5 July 2001 the court found against the applicant. On 25 October 2001 the same court rejected the applicant’s request for leave to appeal for failure to comply with procedural formalities. The applicant did not appeal against this decision.", "10. On 8 July 2002 the Bailiffs’ Service informed the applicant that the decisions of 18 December 2000 and 17 May 2001 could not be executed due to the large number of enforcement proceedings against the KLZ and the fact that the procedure for the forced sale of assets belonging to the debtor company had been suspended because of the moratorium on the forced sale of property belonging to State enterprises introduced by the Order of the President of Ukraine of 23 May 2001.", "11. By two decisions of 28 January 2005, the Bailiffs’ Service discontinued the enforcement proceedings on the ground that the decisions had been enforced in full.", "12. The applicant did not challenge these decisions of the Bailiffs’ Service before the domestic courts." ]	[ 3, 9 ]
[ "4. The applicants live in Mersin.", "5. On 9 February 1993 the General Directorate of National Roads and Highways expropriated two plots of land belonging to the applicants in Mersin in order to build a motorway. A committee of experts assessed the value of the plots of land and the relevant amount was paid to the applicants when the expropriation took place.", "6. Following the applicants’ request for increased compensation, on 10 November 1993, the Mersin Civil Court of First-instance awarded them additional compensation of 443,710,000 Turkish liras (TRL), plus interest at the statutory rate, applicable at the date of the court’s decision, running from 9 February 1993, the date of the transfer of the title-deeds.", "7. On 26 October1998 the Court of Cassation upheld the judgment of the Mersin Civil Court of First-instance.", "8. On 17 May 2000 the General Directorate of National Roads and Highways paid the applicants TRL 1,768,440,000 (approximately 3,175 euros (EUR)), including interest." ]	[ 9 ]
[ "4. The applicant was born in 1956 and lives in Luchegorsk.", "5. In September 1995 the applicant lodged an action before the Severo-Evenkiyskiy District Court of the Magadan Region against the head of the local administration, a transport company and a private individual for compensation for damage.", "6. The Severo-Evenkiyskiy District Court disallowed the action because it should have been lodged before the Magadan Town Court which had territorial jurisdiction over it.", "7. On 1 November 1995 the applicant lodged the action before the Magadan Town Court. She asked the court to examine her claim in her absence, as she lived in Khabarovsk.", "8. As the applicant’s claim had not been examined from 1995 to 1998, she complained to various officials about the court’s inactivity.", "9. On 16 August 1998 the Deputy President of the Magadan Town Court informed the applicant that it was impossible to expedite the proceedings because the judges were overburdened with cases.", "10. On 4 March 1999 the applicant increased her claim.", "11. A hearing was fixed for 8 April 1999 and adjourned due to the defendants’ absence.", "12. On 28 July 1999 the Magadan Town Court dismissed the applicant’s action.", "13. On 24 August 1999 a copy of the judgment was sent to the applicant.", "14. On 14 October 1999 the applicant appealed against the judgment of 28 July 1999.", "15. On 1 November 1999 the Magadan Town Court stayed the appeal proceedings and requested the applicant to submit by 30 November 1999 three copies of her statement of appeal and to pay RUR 5 in a court fee.", "16. On 30 November 1999 the judgment of 28 July 1999 became final because the applicant had not paid the fee.", "17. On 16 December 1999 the Magadan Town Court returned the statement of appeal.", "18. On 7 June 2000 the Presidium of the Magdan Regional Court, by way of supervisory review, quashed the judgment of 28 July 1999 and remitted the case for a new examination.", "19. On 20 June 2000 the case-file was sent to the town court.", "20. On 10 July 2000 the judge M. was assigned to the case.", "21. On 13 September 2000 the case was transferred to the judge D.", "22. Of six hearings listed between 19 October 2000 and 27 February 2001, four hearings were adjourned. Two hearings were adjourned due to the applicant’s absence. The other hearings were adjourned because the parties did not attend, although the applicant repeatedly asked the court to hold hearings in her absence.", "23. In February 2001 the applicant moved from Khabarovsk to the Primorye Region. She submits that promptly after the move she advised by post the Magadan Town Court of her new address.", "24. On 10 April 2001 the Magadan Town Court requested the applicant to submit additional documents. It appears that the instructions were successfully fulfilled by the applicant.", "25. On 14 June 2001 the Magadan Town Court, in the applicant’s absence, dismissed her action.", "26. On 17 July 2001 the registry of the Magadan Town Court sent a copy of the judgment to the applicant’s old address in Khabarovsk.", "27. On 14 March 2002 the applicant complained to the Magadan Regional Court about the town court’s inactivity in her case.", "28. On 2 April 2002 the President of the Magadan Regional Court replied by a letter that the case had been decided on 14 June 2001. The President also acknowledged that, although the applicant had advised the court of her new address, on 17 July 2001 a copy of the judgment had been mistakenly sent to the applicant’s previous address.", "29. On 1 April 2002 the registry of the town court sent a copy of the judgment of 14 June 2001 to the applicant’s address in Khabarovsk.", "30. On 11 September 2002 the President of the Magadan Regional Court informed the applicant that a copy of the 14 June 2001 judgment had been twice sent to the applicant’s address in Khabarovsk and that the Magadan Town Court was told to send a copy of the judgment to her current address in Primorye.", "31. On 12 September 2002 the Magadan Town Court sent a copy of the judgment of 14 June 2001 to the applicant’s address in Primorye. She received it on 18 September 2002.", "32. On 3 October 2002 the applicant requested the Magadan Regional Court to extend the time-limit for lodging an appeal against the judgment of 14 June 2001. The request enclosed a statement of appeal.", "33. On 21 October 2001 the Magadan Town Court extended the time-limit and accepted the applicant’s statement of appeal.", "34. On 5 November 2002 the Magadan Regional Court, in the applicant’s absence, upheld the judgment of 14 June 2001.", "35. On 16 December 2002 a copy of the judgment of 5 November 2002 was sent to the applicant." ]	[ 3 ]
[ "4. The applicant was born in 1974 and lives in Salsk, Rostov Region.", "5. In September 1996 the applicant was awarded by the Salsk Social Security Service (Управление соцзащиты г. Сальска) a monthly child allowance in respect of her son who was born on 26 July 1996.", "6. In June 1998, having received no payments, the applicant brought proceedings before the Salsk City Court (Сальский городской суд) requesting the payment of outstanding sums for one year and ten months.", "7. By a judgment of 7 October 1998 the City Court allowed the applicant’s claim and ordered the Salsk Social Security Service to pay her 1,886.13 roubles (RUR).", "8. After the judgment gained legal force on 17 October 1998, the Salsk Bailiff’s Service (Служба судебных приставов по Сальскому району) instituted proceedings to enforce the judgment. However, as the defendant lacked proper funding the judgment could not be executed.", "9. On 31 January 2000 the Rostov Regional Department of Justice (Главное управление юстиции Ростовской области) replied to the applicant’s complaint concerning the non-execution of the judgment in her favour that the budgetary situation of the Salsk Social Security Service had not significantly improved and that due to the large number of similar claims totalling 291 the applicant had to wait for her turn on the waiting list where her position was no. 118.", "10. On 10 September 2001 the sum of RUR 1,886.13 was transferred to the applicant’s bank account.", "11. On 3 December 2003 the applicant informed the Court that since she had received no payments of child allowance for 1998 and 1999, she had lodged a claim against the Financial Department of the Salsk Administration (Финансовое Управление Администрации г. Сальска и Сальского района). On 12 September 2002 the Second District Court of Salsk (Судебный участок № 2 г. Сальска и Сальского района) had allowed the applicant’s claim and had ordered the Financial Department to pay her RUR 12,133.84, comprising the arrears of child allowance, indexed due to inflation, and the court fees. On 15 October 2002 the applicant had turned to the Salsk Bailiff’s Service (Служба судебных приставов г. Сальска) in order to have the judgment executed. In August 2003 she had been paid RUR 2,404.21." ]	[ 3, 9 ]
[ "8. The applicant in was born in 1931 and lives in the Chita Region.", "9. In 1973 the applicant, then a miner, was injured at work. In 1999 the applicant filed with the Chernyshevskiy District Court of the Chita Region two actions against his former employer, a private company. He claimed compensation for non-pecuniary damage (вoзмещение морального вреда) caused to him by the injury, and payment of a “lump-sum allowance” (единовременное пособие). This allowance pertained to victims of industrial accidents.", "10. On 21 September 1999 the Chernyshevskiy District Court delivered two judgments in the applicant’s favour. The Court granted RUR 11,582.80 for non-pecuniary damage and RUR 30,000 as the lump-sum allowance. The judgments were not appealed against and became final. Bailiffs instituted enforcement proceedings in this respect.", "11. On an unspecified date the defendant applied to the President of the Chita Regional Court for “supervisory review” of the case (see the “Relevant Domestic Law” part below).", "12. On 13 July 2000 the President of the Chita Regional Court lodged with the Regional Court an extraordinary appeal (протест в порядке надзора) against the judgments of 21 September 1999. A copy of the appeal was sent to the applicant. The President stated that the relevant provisions concerning compensation for non-pecuniary damage and payment of a “lump-sum allowance” had entered into force in 1992, while the injury had been inflicted in 1973. The President concluded that the lower court had erroneously applied the legislation retroactively.", "13. On 10 August 2000 the Presidium of the Chita Regional Court examined the appeal under the presidency of the Court’s President. The applicant, who was not present, submitted his objections in writing.", "14. The Presidium found that the Chernyshevskiy District Court of the Chita Region had erroneously applied the legislation of 1992 to the facts which had taken place in 1973. As a result the Presidium quashed the two judgments of 21 September 1999 and adopted two new judgments, dismissing the applicant’s claims in full." ]	[ 3, 9 ]
[ "7. The applicant was born in 1922 and lives in Bucharest.", "8. On 20 August 1940 the applicant's father purchased a building located at 7 Intrarea Domneşti Street, Bucharest, which was made up of two blocks, A and B, containing three and two flats respectively.", "9. In 1950 the State nationalised the building under Decree no. 92/1950.", "10. On 7 February 1996 the applicant applied to the board established by the Bucharest City Council to deal with applications lodged under Law no. 112/1995 (“the Board”) seeking the return of the whole building under Law no. 112/1995 on the legal status of nationalised residential property (“Law no. 112/1995”).", "11. On 23 October 1996 the Board decided that buildings nationalised prior to 1989 in respect of which former owners had lodged a claim for restitution under Law no. 112/1995 or had brought an action for recovery of possession before the courts were not to be sold to tenants until their legal status had been clarified.", "12. On 23 February and 17 March 1997 the city council sold to the tenants the two flats in block B and the adjoining land, under Law no. 112/1995.", "13. On 20 March 1997 the applicant brought an action against the city council before the Bucharest Court of First Instance for recovery of possession of the entire building.", "14. In a judgment of 10 April 1997 the court granted the action for recovery of possession and recognised the applicant as the building's owner. It held that the applicant's father had not been among those individuals to whom Decree no. 92/1950 had applied, since he was specifically excluded by its Article II. It ordered the city council to return the building to the applicant. The judgment became final and, in the absence of an appeal, became legally binding.", "15. On 16 April 1997, under Law no. 112/1995, the city council sold to the former tenants flat no. 2 – one of the three flats in block A of the building in question – and the adjoining land.", "16. By a decision of 22 July 1997, issued in compliance with the judgment of 10 April 1997, the city council ordered that the whole building be returned to the applicant.", "17. On 17 September 1997 the applicant and the representatives of the city council signed a memorandum assigning possession of the part of the building which had not been affected by the above-mentioned contracts of sale (see paragraphs 12 and 15 above). They noted that, in order for the rest of the building to be returned to the applicant, the contracts concluded with the tenants would first have to be set aside.", "18. On 28 April 1998 the Board informed the applicant that he could no longer benefit from the reparation measures provided for in Law no. 112/1995, a piece of extraordinary legislation, since the building's return had been ordered in the judgment of 10 April 1997.\nIn 1999 the city council advised the applicant that, under Law no. 112/1995, he was entitled only to damages, and not to the return of the property.", "19. On 6 November 1997 the city council brought an action in the Bucharest Court of First Instance, seeking to have set aside the contracts of sale concluded with the tenants (see paragraphs 12 and 15 above). On 27 February 1998 the applicant asked to be allowed to take part in these proceedings; he too requested that the contracts be set aside.", "20. In a judgment of 9 March 1999 the court dismissed the main claim lodged by the city council and allowed in part the applicant's interlocutory request.\nAt the same time, the court held that the agreements concerning the sale of the flats were valid, on the ground that the applicant had not proved that the parties thereto had been acting in bad faith. In those circumstances, it considered that it was open to the applicant to bring an action for recovery of possession in order to have his title to the property compared with those of the purchasers of the flats in question.", "21. The applicant appealed against that judgment.\nIn a judgment of 11 February 2000 the Bucharest County Court dismissed the applicant's appeal. It noted that he had not submitted evidence that would rebut the presumption of the purchasers' good faith and held that, when the contracts were concluded, the tenants could reasonably have assumed that the State was the rightful owner of the flats.\nIn assessing the parties' good faith, the court took into account that the applicant had not expressly notified the city council of his intention to seek the building's return. It dismissed the idea that communication of the introductory claim for recovery of possession amounted to notification, on the ground that the judgment of 10 April 1997 did not refer to the exact date on which the claim had been lodged.\nThe court also held that the purchasers would have been unable, by taking reasonable steps, to find out about the existence of the action for recovery of possession brought by the applicant against the city council.", "22. The applicant lodged a further appeal.\nIn a judgment of 30 May 2000, the Bucharest Court of Appeal gave judgment against him, considering that he had not proved that the purchasers were acting in bad faith when the contracts were concluded. It observed that possible bad faith on the part of the city council did not implicitly entail that of the purchasers.\nThe Court of Appeal also held that at the time of the sale the purchasers did not know, and could not have found out by taking reasonable steps, that the State was not the rightful owner of the building. In addition, it considered that the application for restitution lodged by the applicant with the city council in 1996 (see paragraph 10 above) did not affect the purchasers' good faith, given that in 1999 the local authorities had informed the applicant that, under Law no. 112/1995, he was entitled only to damages and not to the return of the property." ]	[ 9 ]
[ "8. The applicant Goi Tuquabo-Tekle was born in 1963 and her son Adhanom Ghedlay Subhatu in 1978. Mrs Tuquabo-Tekle’s husband, Tarreke Tuquabo, was born in 1952, and their children Tmnit and Ablel in 1994 and 1995, respectively. These applicants live in Amsterdam. The applicant Mehret Ghedlay Subhatu – a daughter of Mrs Tuquabo-Tekle – was born on 12 November 1981 and lives in Adi Hanso, Eritrea.", "9. In 1989, after the death of her first husband and during the civil war, Mrs Tuquabo-Tekle fled from Ethiopia to Norway, where she applied for asylum. She submitted that she had been harassed and detained by the Ethiopian authorities on account of her husband’s activities for the Eritrean People’s Liberation Front. Although denied asylum, she was granted a residence permit on humanitarian grounds in 1990. Her eldest child, Adhanom, had stayed behind in Addis Ababa with a friend of his mother’s, and she had left her other two children, Mehret and Michael, in the care of an uncle and their grandmother (in what subsequently became the State of Eritrea). After permission was granted by the Norwegian authorities for the children to reside with Mrs Tuquabo-Tekle, and with the assistance of those authorities and the UNHCR, her son Adhanom entered Norway in October 1991. It did not prove possible at that time to procure the departure of the other children from Eritrea, but it was Mrs Tuquabo-Tekle’s intention to bring them to Norway later.", "10. In June 1992 Mrs Tuquabo-Tekle married Mr Tuquabo, who was living in the Netherlands where he had been admitted as a refugee. On 19 July 1993 Mrs Tuquabo-Tekle and her son Adhanom moved to the Netherlands to live with Mr Tuquabo. Mrs Tuquabo-Tekle was granted a residence permit in order to reside in the Netherlands with her husband on 21 July 1993. Two children, Tmnit and Ablel, were subsequently born to the couple.", "11. On 16 September 1997, Mrs Tuquabo-Tekle and Mr Tuquabo filed a request for a provisional residence visa (machtiging tot voorlopig verblijf) for Mehret, in an attempt to have their (step)daughter, who was then fifteen years old, join them in the Netherlands. Such a visa is normally a prerequisite for the grant of a residence permit, which confers more permanent residence rights.", "12. On 25 March 1998 the Minister of Foreign Affairs (Minister van Buitenlandse Zaken) rejected their request. The Minister concluded that there were no grounds to authorise family reunion in the Netherlands since the close family ties (gezinsband) between Mrs Tuquabo-Tekle and her daughter were considered to have ceased to exist and such ties had never existed between Mr Tuquabo and his stepdaughter. Ever since Mrs Tuquabo-Tekle had left Eritrea, Mehret had been living with an uncle and her grandmother; she was deemed to have been integrated into the latter’s family and thus no longer actually belonged to Mrs Tuquabo-Tekle’s family unit (gezin). There was no indication that this situation could not be maintained. Moreover, after marrying Mr Tuquabo, Mrs Tuquabo-Tekle had started a new family unit in the Netherlands to which her daughter had never belonged. Furthermore, the couple had not shown that they had been sufficiently involved with the upbringing and care of their (step)daughter. According to the information available, it was Mrs Tuquabo-Tekle’s parents who had custody of Mehret.", "13. On 20 April 1998 Mrs Tuquabo-Tekle and Mr Tuquabo filed an objection (bezwaar) through counsel with the Minister of Foreign Affairs, emphasising that Mehret could no longer lead a normal existence in Eritrea now that she had reached marriageable age and her grandmother had decided that, for that reason, Mehret should stop going to school. There were, moreover, sound reasons why Mrs Tuquabo-Tekle had been unable to bring her daughter to Norway or the Netherlands prior to September 1997. At the time when she had been granted leave to remain in Norway and permission to be joined by her children, contacts with Eritrea were impossible and it was for this reason that only Adhanom, who had been in Ethiopia at the time, was able to go to Norway. In September 1992 Mrs Tuquabo-Tekle had travelled to Eritrea but it had not proved possible to obtain travel documents for Mehret, as there were not yet any official bodies equipped to issue passports in Eritrea and the authorities in Ethiopia refused to do so for Eritrean citizens. The family’s housing situation in the Netherlands had posed a further problem: despite the fact that they had been placed on a waiting list and had been issued with a certificate of urgency (urgentieverklaring), no rental accommodation suitable for a family of two adults and four children was available. Once it had become possible to obtain a passport for Mehret and more spacious accommodation had been obtained, the application for a provisional residence visa was lodged. Moreover, Mrs Tuquabo-Tekle and her husband had been sending money to Eritrea on a regular basis, initially by courier as bank transactions were impossible.", "14. On 21 January 1999 the Minister rejected the objection, reiterating that the close family ties between Mrs Tuquabo-Tekle and her daughter had ceased to exist. Mrs Tuquabo-Tekle and her husband had not shown that they had made a substantial parental or financial contribution to Mehret’s upbringing. Furthermore, the couple had not sufficiently shown why, in view of Mehret’s age, she could not remain in the care of her uncle or her grandmother, if necessary supported financially by her family from the Netherlands. The Minister did not find it established that serious attempts had been made to arrange for Mehret to come to the Netherlands as soon as possible: Mrs Tuquabo-Tekle had been legally resident in the Netherlands since July 1993 but the request for Mehret to be allowed to join her had not been lodged until September 1997. Contrary to what the applicants appeared to contend, under the applicable legal provisions a lack of adequate accommodation would not have stood in the way of a provisional residence visa being granted. It appeared that Mrs Tuquabo-Tekle and her husband had let the inexpediency of Mehret’s presence in their cramped accommodation prevail over the desire to reunite Mehret with her mother as soon as possible. Thus, the Minister concluded, the child’s integration into the uncle’s and grandmother’s family could not be considered to have been a temporary measure.", "15. On behalf of Mehret, Mrs Tuquabo-Tekle and Mr Tuquabo lodged an appeal against this decision of the Minister, through counsel, with the Regional Court (arrondissementsrechtbank) of The Hague, sitting in Amsterdam, on 16 February 1999. In these proceedings, the Minister of Foreign Affairs argued, inter alia, that from 1994 it had been possible to request and obtain a passport in Eritrea.", "16. On 17 January 2000 the Regional Court dismissed the appeal. It held that Mrs Tuquabo-Tekle had failed to show that her close family ties with her daughter had been maintained. It also found that, following her departure in 1989, Mrs Tuquabo-Tekle had no longer exercised parental authority over her daughter in the sense of being intensively involved with her daughter’s upbringing or of taking decisions in this regard. The Regional Court agreed with the Minister of Foreign Affairs that the (step)daughter of Mrs Tuquabo-Tekle and Mr Tuquabo should be deemed to have become integrated into the family of her uncle and grandmother. The Regional Court attached importance to the fact that the couple had only requested to have their (step)daughter join them in the Netherlands on 16 September 1997, and that they had failed to provide any documentary evidence to substantiate their claim that, even after 1994, it had remained impossible to obtain a passport for Mehret in Eritrea.", "17. When assessing whether the State’s actions had been in compliance with the requirements of Article 8 of the Convention, the Regional Court addressed the question whether the refusal to grant Mehret a provisional residence visa, as such, constituted a violation of that provision. It pointed out that its task was to strike a fair balance between the interests of the applicants and those of society as a whole (the latter interest being served by a restrictive immigration policy). It found that no obligation for the State to allow family reunion on its territory could be derived from Article 8 of the Convention. It further considered that there were no objective reasons why the family members in the Netherlands could not pursue family life with Mehret in Eritrea.", "18. The Regional Court’s decision was final and not subject to appeal." ]	[ 4 ]
[ "5. The applicant was born in 1930 and lives in Sarajevo.", "6. On 25 August 1993 the Military Police seized the applicant’s car in front of his house in Mala Duba near Makarska, Croatia.\nOn 10 September 1993 the applicant brought a civil action in the Makarska Municipal Court (Općinski sud u Makarskoj) against the State seeking recovery of the seized car or, alternatively, pecuniary damages.", "7. On 13 November 1997 the Municipal Court gave judgment by which it accepted the applicant’s claim and awarded him the damages sought.", "8. On 2 February 1998 the State lodged an appeal against the judgment with the Split County Court (Županijski sud u Splitu).", "9. On 6 November 1999 the Amendments to the Civil Obligations Act (“the 1999 Amendments”) entered into force. The amended legislation provided that all proceedings instituted against the State for damage caused by members of the Croatian Army and police in the performance of their official duties during the Homeland War in Croatia were to be stayed.", "10. After the enactment of the above legislation, the County Court returned the case-file to the Municipal Court with a view to staying the proceedings.", "11. On 10 February 2003 the Municipal Court stayed the proceedings.", "12. On 8 April 2003 the applicant appealed against that decision to the Split County Court. The proceedings are currently pending before that court.", "13. On 31 July 2003 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”) entered into force.", "14. Meanwhile, on 8 August 2002 the applicant filed a constitutional complaint concerning the length of the proceedings. To date, the Constitutional Court has not given a decision on the applicant’s complaint." ]	[ 3 ]
[ "4. The applicants were born in 1958, 1965 and 1958 respectively, and live in the same household in Szeged, Hungary.", "5. On account of his modest means and the financial burden of his minor daughter’s upbringing, on 16 December 1996 the first applicant lodged a request for a special family allowance (rendszeres nevelési segély) with the Mayor of Szeged. In February 1997 the request was refused; the applicant filed an administrative appeal. On 10 April 1997 the General Assembly of the Szeged Municipality upheld the Mayor’s decision.", "6. On 14 May 1997 the first applicant brought an action before the Szeged District Court for the judicial review of the General Assembly’s decision. On 27 October 1997 the Supreme Court dismissed his motions for bias against the Szeged District Court and the Csongrád County Regional Court.", "7. On 9 February and 29 April 1998 hearings were held. Following proceedings concerning the first applicant’s renewed motions of bias, on 2 April 1999 the case was transferred to the Regional Court, because of a change in the law concerning courts’ jurisdiction.", "8. On 28 June 1999 the Regional Court dismissed the action. On 13 August 1999 the first applicant challenged this decision before the Supreme Court. On 13 January 2000 the Supreme Court invited him to complete his motion, which he did on 24 February 2000. On 16 February 2001 it decided to deal with the motion in appellate, rather than review proceedings.", "9. On 22 February 2001 the Supreme Court quashed the decision of 28 June 1999 and remitted the case.", "10. In the resumed proceedings, the judges of the Csongrád County Regional Court declared themselves biased. On 20 November 2001 the Supreme Court appointed the Bács-Kiskun County Regional Court to hear the case. That court appointed a legal-aid lawyer for the first applicant on 4 July 2002.", "11. On 17 September 2002 the Bács-Kiskun County Regional Court quashed the General Assembly’s decision and remitted the case to the first administrative body. The respondent authority appealed.", "12. On 9 July 2003 the Budapest Court of Appeal held a hearing but the parties did not appear. On 17 September 2003 it upheld the Regional Court’s decision.", "13. In the resumed administrative proceedings, on 13 January 2004 the first applicant was granted the allowance sought. His quantitative appeal was dismissed by the second-instance administrative authority on 14 May 2004.", "14. On 21 June 2004 the applicant sought judicial review. On 13 December 2004 the Békés County Regional Court dismissed his action.", "15. In 2001 and 2002 the applicants, acting on behalf of their minor children, lodged several requests with the Mayor of Szeged for another type of social benefit (gyermekintézményi étkeztetési térítési díj támogatása). On 16 July 2001 and 11 July 2002, respectively, their requests were refused. The General Assembly of the Szeged Municipality dismissed their administrative appeals on 5 October 2001 and 16 September 2002, respectively. The applicants sought judicial review before the Jász‑Nagykun‑Szolnok County Regional Court.", "16. The Regional Court dismissed their action on 15 September 2003, holding that the administrative authorities’ decisions had been in compliance with the local regulations. The latter excluded the disbursement of the allowance sought if the requesting individuals received other social benefits (rendszeres gyermekvédelmi támogatás) – which was the applicants’ case." ]	[ 3 ]
[ "4. The applicant was born in 1965 and lives in Brzeg, Poland.", "5. On 26 January 2000 the applicant was remanded in custody on a charge of robbery. On 31 July 2000 he was convicted as charged and sentenced to a prison term.", "6. The applicant appealed against his conviction but his appeal was dismissed on 20 December 2000 by the Warsaw Court of Appeal (Sąd Apelacyjny).", "7. On 13 March 2002 the Supreme Court (Sąd Najwyższy) dismissed the applicant’s cassation appeal.", "8. The first page of the applicant’s first letter to the Court of 26 May 2000, which was delivered to the Court on 19 July 2000, bears a stamp: “Censored on – [a hand‑written date]: 14.07.2000, judge: [an illegible signature]” (Ocenzurowano dnia – 14.07.2000, sędzia [podpis nieczytelny]). The same stamp and signature are marked on the third page of the letter. Moreover, two words have been obscured with a felt-tip pen on the last page of the letter. The left side of the envelope in which the letter was delivered was opened and subsequently sealed with Sellotape." ]	[ 4 ]
[ "6. The applicant was born in 1961 and lives in Istanbul.", "7. On 12 September 1980 the applicant was arrested and taken into police custody on suspicion of having committed an armed attack and attempted murder.", "8. On 17 October 1980 the Ankara Martial Law Court ordered the applicant’s detention on remand.", "9. On 13 April 1991 he was released pending trial.", "10. On 25 December 1992 the Ankara Martial Court convicted the applicant of premeditated murder, pursuant to Article 450 § 4 of the Criminal Code, and sentenced him to life imprisonment.", "11. On 12 May 1993 the Military Court of Cassation quashed the judgment of the Ankara Martial Law Court on the ground that the latter had misinterpreted the domestic law in respect of the offence in question and remitted the case to the court of first instance.", "12. Subsequent to the promulgation of Law no. 3953 on 27 December 1993, which abolished the jurisdiction of the Martial Law Courts, the Ankara Assize Court acquired jurisdiction in the applicant’s case.", "13. In 1994 the Ankara Assize Court commenced the applicant’s trial together with one hundred and thirty-two other accused.", "14. On 21 November 2003 after numerous hearings had been conducted, Ankara Assize Court convicted the applicant of the aforementioned crime and sentenced him to thirty-six years’ imprisonment under Article 59 of the Criminal Code.", "15. On 7 May 2004 the Public Prosecutor before the Ankara Assize Court appealed to the Military Court of Cassation against this judgment.", "16. The criminal proceedings against the applicant are currently pending before the Court of Cassation." ]	[ 3 ]
[ "9. On 15 April 1998 the applicant was arrested and charged with attempted extortion of money by threats. On 16 April the Pruszków District Court dismissed the applicant’s appeal against the detention order, finding that in the light of the evidence the arrest was justified.", "10. On 17 April 1998 the Pruszków District Court decided to detain the applicant on remand. Subsequently, throughout the initial period of his detention, at least until 2 July 1998, the applicant remained in the detention centre Warszawa-Białołęka.", "11. On an unspecified date after 2 July 1998 the applicant was transferred to the detention centre Warszawa-Mokotów.", "12. On 26 July 1998 the applicant sent his first letter to the European Commission of Human Rights. A letter of 24 August 1998, sent by the Commission to the applicant, was intercepted, opened and read by the prosecutor conducting the investigations in the applicant’s case.\nThe envelope in which the letter was delivered bears the following stamps: Detention Centre Warszawa-Białołęka, 8 September 1998; Detention Centre Warszawa 10 September 1998, Detention Centre in Olsztyn 12 October 1998, the Barczewo Prison 14 October 1998. It also bears a note: Censored, 15 September 1998 (“Ocenzurowano”) signed by an illegible signature.", "13. The applicant requested that criminal proceedings be instituted in respect of the interference with his correspondence from the European Commission of Human Rights.", "14. On 27 December 2001 the Warszawa-Ochota District Prosecutor discontinued the investigation of the applicant’s complaint about the letter of 24 August 1998 having been intercepted, opened and read, finding that no criminal offence had been committed. The applicant appealed.", "15. By a decision of 9 May 2002 the Pruszków District Court dismissed his appeal. The court observed that the prosecutor Z.O. who had opened the letter had been authorised by law to open it, to read its contents and to decide whether to forward it to the detained person. The court further considered that Article 103 of the Code of Enforcement of Criminal Sentences, insofar as it prohibited interference with correspondence with international institutions for the protection of human rights, was applicable only to persons convicted by final judicial decisions. Hence, it was not applicable to the situation of the applicant who had at the material time been detained on remand and his situation was therefore governed by other provisions." ]	[ 4 ]
[ "4. The applicant was born in 1950 and lives in Turany.", "5. On 18 November 1997 the Martin District Court issued a payment order under which the applicant was obliged to pay the equivalent of approximately 250 euros to the plaintiff.", "6. On 10 December 1997 the applicant, through his lawyer, filed an objection to the order. The lawyer sent the objection to the District Court by registered mail. He submitted a copy of a postal certificate according to which he had deposited the mail for despatch to the District Court in Martin at the post office on 10 December 1997. The mail had registration number R 690. The certificate, in which the addressee was indicated by the sender, did not mention the contents of the mail.", "7. On 12 December 1997 the Martin District Court dismissed the applicant’s objection to the payment order. The decision stated that the order had been served on 25 November 1997 and that the time-limit for challenging it by means of an objection had expired on 10 December 1997. The court held that the applicant had filed the objection on 11 December 1997 – the date appearing on the stamp of the District Court – which was out of time.", "8. On 29 December 1997 the applicant appealed. With reference to Article 57(3) of the Code of Civil Procedure he argued that by depositing the remedy as registered mail at the post office on 10 December 1997 he had respected the statutory time-limit. He submitted a copy of the postal certificate R 690.", "9. On 26 October 1999 the District Court judge heard the applicant and his lawyer. The lawyer stated that the registered mail R 690 was the only mail which he had deposited in person at the post office in Turany on 10 December 1997.", "10. On 29 October 1999 the judge heard an employee of the District Court in charge of incoming mail. The employee, after having consulted the file, confirmed that the document in question had been stamped and signed by her and that she had received it in person. She further stated that, in accordance with constant practice, the court’s registry would attach the envelope to the letter in case of its delivery by post and that this fact would be mentioned on the document. The employee also pointed out that the applicant’s lawyer used to bring most of his documents to the court in person but admitted that he sometimes also sent submissions by post. In reply to a question by the lawyer the employee stated that it was impossible to determine the contents of the registered mail R 690 addressed to the court and to whom it had been submitted.", "11. On 30 November 1999 the Žilina Regional Court upheld the District Court’s decision of 12 December 1997. With reference to the District Court’s stamp of 11 December 1997 on the relevant document and to the above statement of the employee of the District Court, the Regional Court established that the remedy had been filed out of time. Since the postal certificate did not indicate the contents of registered mail R 690, the applicant had not reliably shown that he had deposited the relevant document at the post office on 10 December 1997.", "12. On 11 February 2000 the applicant filed an appeal on points of law. He argued that the employee of the District Court could have committed an error when registering the document and that the mail register of the District Court did not indicate the contents of registered mail R 690 and to whom it had been transferred. He argued that it had not been reliably shown that the document had been deposited in person as the lower courts had found.", "13. On 27 September 2000 the Supreme Court rejected the appeal on points of law. The Supreme Court held that the District Court’s stamp on the document challenging the payment order indicated that the document had arrived at the District Court on 11 December 1997. According to a handwritten remark which the employee of the District Court in charge of incoming mail had made on it, the document had been submitted to the court’s registry in person. These facts, taken together with the statement of the employee before the District Court judge, showed that the remedy had been filed belatedly. The applicant had not proved beyond any doubt that the registered mail R 690 deposited at the post on 10 December 1997 had actually contained his objection to the payment order." ]	[ 3 ]
[ "4. The applicant was born in 1952 and lives in Prešov.", "5. In 1993 the applicant was dismissed from her job. On 16 November 1995 the Prešov District Court found that the dismissal had been unlawful. On 20 November 1995 it issued a supplementary judgment in which, inter alia, it dismissed the applicant’s claim that her employment with the defendant still continued. The parties did not appeal against this conclusion and it thus became final.", "6. On 18 August 1997 the Prešov District Court delivered a decision approving a settlement agreement under which the defendant undertook to pay compensation to the applicant for the above unlawful termination of her employment. The period for which compensation was to be paid ended by the date on which the judgment of 16 November 1995 had become final, that is 3 June 1997.", "7. On 10 October 1997 the employer asked the applicant to sign a document indicating that she was being compensated for lost income in the context of the above judicial decisions and the subsequent settlement agreement. The document further indicated that the applicant had refused to resume her job, agreed to the termination of her employment with effect from 31 May 1997, and waived any further claims in this respect.", "8. On 22 November 1997 the applicant challenged the second termination of her employment before the Prešov District Court. She alleged that she had been obliged to sign the above document.", "9. In the course of 1998 the District Court held six hearings, and on 10 September 1998 it found that the termination of the applicant’s employment as from 31 May 1997 had been unlawful. The court heard witnesses and took further evidence. It established that the applicant had not agreed to the termination of her employment of her own free will as the relevant document had been typed in advance and the payment of compensation under the earlier judicial decisions was made subject to the applicant’s agreement to the termination of her employment.", "10. On 29 October 1998 the defendant appealed. On 13 November 1998 the applicant submitted her observations in reply.", "11. On 28 June 1999 the Prešov Regional Court overturned the first instance judgment and dismissed the applicant’s action. It noted that in the first set of proceedings terminated by the Prešov District Court’s judgments of 16 and 20 November 1995, the applicant’s claim concerning the duration of her contract employment had been dismissed as the applicant had expressly stated at a hearing that she did not wish to return to her job. That decision had become final. As a result, the applicant’s contract of employment had been terminated in accordance with the relevant law. The Regional Court concluded that, when the above document had been signed on 10 October 1997, the applicant had no longer been entitled to be employed by the defendant.", "12. The appellate court’s judgment was to be served on the parties through the intermediary of the District Court. It was sent by registered mail and the delivery slip indicates that the post officer unsuccessfully attempted to serve the document at the address of the applicant’s advocate on 3 and 4 August 1999. The delivery slip further indicates that the envelope was deposited at the post office on the latter date.", "13. The advocate representing the applicant was on leave abroad between 30 July 1999 and 14 August 1999. The employee authorised to receive mail addressed to the advocate fell ill on 30 July 1999. A medical certificate indicates that she was on sick leave until 13 August 1999. A different employee of the advocate was on leave from 2 to 6 August 1999. She came back to work on 9 August 1999. On that day the advocate’s employee received the appellate courts’ judgment and signed the delivery slip to that effect.\nThe applicant’s advocate explained that other employees had been present in the premises on 3 and 4 August 1999. However, they were assigned to work in the context of bankruptcy proceedings entrusted to the advocate and they were not authorised to receive mail on his behalf.", "14. On 23 August 1999 the District Court’s Registry put a stamp on the appeal judgment indicating that it had become final on 13 August 1999.", "15. On 8 September 1999 the applicant filed an appeal on points of law against the Regional Court’s judgment. She argued that the appellate court had failed to establish the relevant facts and that its decision was arbitrary.", "16. The Prešov District Court submitted the appeal on points of law to the Supreme Court on 15 November 1999. The accompanying letter stated that the appellate court’s judgment had become final on 13 August 1999 and that the appeal on points of law had been filed within one month from that date as required by the law.", "17. On 22 February 2000 the Supreme Court rejected the appeal on points of law as having been lodged belatedly. The Supreme Court, with reference to the file, held that an attempt to serve the Regional Court’s judgment on the parties’ lawyers had been made on 3 August 1999. However, the addressees could not be reached at their respective address. A second attempt to serve the judgment on 4 August 1999 had failed notwithstanding that the addressees had been staying at the places of service. The envelopes with the judgment had therefore been deposited at the post office and the addressees had been notified thereof. As the addressees had not withdrawn the mail at the post office within three days from the moment of its deposit there, the third day of this period, that is 7 August 1999, was to be considered as the date of service in accordance with Article 47(2) of the Code of Civil Procedure. The one-month time‑limit for filing an appeal on points of law had therefore expired on 7 September 1999.", "18. On 4 April 2000 the applicant requested the Prosecutor General to file an extra-ordinary appeal on points of law on her behalf. She argued that the Supreme Court had proceeded arbitrarily when concluding that the appeal on points of law had not been filed in time. In particular, the applicant submitted that her lawyer had been abroad on leave from 30 July 1999 to 14 August 1999 and that his employee authorised to receive the mail had been on sick leave between 30 July 1999 and 13 August 1999. The judgment had been received on 9 August 1999 and no notification of its deposit at the post office had been found in the lawyer’s office. The applicant argued that the requirement making service by default of a judgment subject to the addressee’s presence at the place of service had not been met in her case.", "19. On 26 July 2000 the Office of the Prosecutor General informed the applicant that an extra-ordinary appeal on points of law was not available in the case.", "20. Subsequently the applicant complained to the Supreme Court that the name of the defendant company was incorrectly indicated in the decision of 22 February 2000. On 22 June 2004 the Supreme Court issued a decision by which it rectified that mistake.", "21. On 19 February 2002 the applicant claimed compensation from the advocate who had represented her in the above proceedings. She maintained that, as a result of the advocate’s failure to file the appeal on points of law in time, she had been prevented from recovering compensation for lost salary which had been the subject-matter of those proceedings.", "22. On 31 March 2003 the Prešov District Court dismissed the action. The Regional Court in Prešov upheld this judgment on 10 December 2003. The courts held that the applicant had not shown that she would have succeeded in the proceedings had the cassation court quashed the appellate judgment.", "23. On 5 April 2004 the applicant filed a complaint to the Constitutional Court. She claimed that the Supreme Court’s decision of 22 February 2000 was void as the defendant had been incorrectly indicated in it. The applicant also complained under Article 6 § 1 of the Convention that her claim for compensation filed against the advocate had not been determined in an appropriate manner.", "24. On 28 April 2004 the Constitutional Court rejected the applicant’s complaints about the Supreme Court’s decision of 22 February 2000 and the Prešov District Court’s judgment of 31 March 2003 as they had been filed beyond the statutory two months time-limit from the delivery of those decisions. The Constitutional Court further held that the Prešov Regional Court’s judgment of 10 December 2003 was not arbitrary.", "25. Article 47(2) provides that, where a document is to be notified to an addressee in person and the addressee has not been reached notwithstanding that he or she is staying at the place of service, the person delivering the document shall inform the addressee in an appropriate manner that a second attempt to deliver it will be made at a time indicated in the notification. Where such a new attempt to serve the document fails, the person in charge of the delivery shall deposit the document at the post office or with a municipal body and shall notify the addressee thereof in an appropriate manner. Where the addressee fails to withdraw such a document within three days from its deposition, the last day of this term is considered as the day of service even if the addressee did not learn that the document had been deposited with the post office or a municipal authority.", "26. Pursuant to Article 158(2), a certified copy of a judgment is to be served on the parties or, as the case may be, on their representatives in person.", "27. Under paragraph 4 of Article 158, a judgment with reasons is to be prepared in writing and dispatched to the parties within 30 days from its oral delivery unless the president of the court decides otherwise for important reasons.", "28. Article 159(1) provides that a judgment which cannot be challenged by means of an appeal is final.", "29. Pursuant to Article 238(1), an appellate court’s judgment modifying a first instance judgment on the merits of a case can be challenged by means of an appeal on points of law.", "30. Article 240(1) provides that a party can file an appeal on points of law within one month from the final effect of an appellate court’s decision. An appeal on points of law is to be filed with the court which decided the case at first instance. Under paragraph 2 of Article 240, there can be no exemption from the time-limit laid down in paragraph 1. Where, however, an appeal on points of law is filed with the court of appeal or court of cassation within one month from the final effect of the appellate court’s decision, the time-limit is deemed to have been complied with.", "31. A document to be served on a party in person is not deemed to have been served by default under Article 47(2) of the Code of Civil Procedure where the addressee was not residing at the place of delivery at the time when the attempt to deliver the document to him or her was made (Collection of opinions, conclusions, analyses and assessments of judicial practice, No. IV, p. 1087 and also Supreme Court’s Collection 42/1999).", "32. Where the requirements of Article 47(2) of the Code of Civil Procedure for service by default of a document have been complied with, such a document is considered to have been served on the third day from the moment when it was deposited with the competent authority regardless of the date when the addressee actually received it (Supreme Court’s Collection 3/1996 and 24/1998).", "33. In a judgment of 27 August 2002 the Supreme Court, in the context of proceedings under the Administrative Proceedings Act, clarified the requirements for service by default of a document which was to be delivered to the addressee in person. It held, in particular, that the requirement that the addressee should reside at the place where the document was to be served was not met where the addressee was either outside that place, for example on leave or a business trip, or where his or her health condition prevented the addressee in an objective manner from coming to the place of delivery of the document (Supreme Court’s Collection 50/2003)." ]	[ 3 ]
[ "4. The applicant was born in 1952 and lives in Budapest.", "5. On 20 February 1995 the applicant’s wife filed for divorce. She also requested the division of the matrimonial property and the settlement of the use of the couple’s flat.", "6. After five hearings, on 26 June 1996 the court gave a partial decision and pronounced the parties’ divorce. The proceedings concerning the matrimonial property continued.", "7. Meanwhile, on 13 June 1995 the applicant brought an action before the same court, challenging the validity of a contract by which his ex-wife had meanwhile sold their common flat.", "8. After five hearings, on 16 January 1997 these proceedings were joined to the dispute concerning the division of the matrimonial property.", "9. After another two hearings, on 16 July 1997 a valuation expert was appointed.", "10. Following four further hearings, on 26 June 1998 the District Court gave a partial decision. It established the parties’ respective shares of the ownership of the flat, annulled the above-mentioned contract and suspended the examination of the remainder of the case (i.e. the distribution of movable property) until the partial decision became final.", "11. After a hearing on 20 January 1999, on 21 April 1999 the Budapest Regional Court confirmed the partial decision.", "12. In review proceedings, on 8 May 2001 the Supreme Court quashed the partial decision while upholding, again as a partial decision, the establishment of the parties’ respective shares of the ownership of the flat. However, it did not annul the disputed contract.", "13. Subsequently, on 14 March 2002 the District Court resumed the proceedings. After a hearing on 2 July 2002, on 4 December 2002 it divided the matrimonial property." ]	[ 3 ]
[ "4. The applicant was born in 1955 and lives in Budaörs.", "5. In 1976 the applicant married Mr J.V. Their daughters were born in 1978 and 1981.", "6. In March 1993 the applicant filed for divorce before the Budaörs District Court. She also sought custody of the couple’s children and the regulation of related matters.", "7. On 8 August 1994 an expert submitted her opinion on the children’s relationship with the parents.", "8. On 27 September 1994 the District Court pronounced the couple’s divorce, granted custody of the children to the mother, ordered the respondent to pay maintenance, regulated his access rights and ordered that the couple should share the use of the flat, which was jointly owned. It considered that the respondent’s alcoholism and its negative effect on the children did not justify the grant of the exclusive use of the flat to the mother and the children.\nBoth parties appealed. The applicant claimed exclusive use of the flat.", "9. On 7 February 1995 the Pest County Regional Court dismissed the parties’ appeal, holding that the first-instance decision had been given in accordance with the law.", "10. On 23 February 1995 the applicant brought an action before the Budaörs District Court for the division of the matrimonial property.", "11. The court held hearings on 19 May and 11 July 1995. On 20 July 1995 it appointed an expert architect. Further hearings took place 1 November and 4 December 1995, 1 February and 11 March 1996.", "12. On 12 March 1996 the applicant unsuccessfully requested the court to grant priority to her case.", "13. The District Court held hearings on 13 June, 1 October and 12 December 1996. On 16 January 1997 another expert was appointed.", "14. A further hearing took place on 25 June 1997. A third expert was appointed on 5 September 1997.", "15. On 1 October, 25 November and 9 December 1997, 13 February and 31 March 1998, the court held additional hearings. On that date it appointed an expert committee to reconcile the existing expert opinions. After having been urged to do so on 3 May 1999, the latter submitted its opinion on 1 June 2000.", "16. Meanwhile, on 23 September 1998 and 18 February 2000, the applicant again unsuccessfully requested that priority be granted to her case.", "17. On 30 June and 12 July 2000 the applicant’s motion for bias and her complaint against the committee’s opinion were rejected.", "18. On 27 October 2000 the District Court delivered its judgment and divided the matrimonial property between the parties, ordering the applicant to pay 2,179,500 Hungarian forints to the respondent as compensation for his share of the flat which he had to leave.", "19. On 15 May 2001 the Pest County Regional Court dismissed the parties’ appeals." ]	[ 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. By a final judgment of 5 November 1997 the applicant’s action was upheld.", "11. 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.", "12. In 2001 the applicant complained to the Court about the non-enforcement of the final judgment of 5 November 1997. The applicant’s application was given number 74153/01 and was communicated to the Government in January 2003.", "13. In April 2004 four occupants of the applicant’s house lodged with the Chişinău Court of Appeal a request for revision of the judgment of 5 November 1997. Relying on Article 449 of the new Code of Civil Procedure they argued in their request that new information had 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.", "14. The applicant alleges that on 20 May 2004 the Government Agent offered him for signature an agreement according to the terms of which he would consent to withdrawing his application to the Court and waiving his right to any compensation in exchange for receiving his house. According to the applicant, the Agent allegedly suggested that in the event of his refusal the Court of Appeal would continue the examination of the revision request lodged by the defendants and the proceedings would remain unresolved for a long time. He refused to sign the agreement.", "15. On 26 May 2004 the Court of Appeal examined the revision request lodged by the occupants of the applicant’s house in which newly discovered facts were invoked.", "16. The new facts relied upon by occupants were an issue of the Municipal Official Gazette of 1940 and four certificates from the National Archives and from the Land Register dated 6 April 2004, 18 May 2004 and 19 May 2004.", "17. A certificate from the National Archives dated 6 April 2004 had the following content:\n“... according to the Municipal Official Gazette of 1940, there is a house with a new number 36 (old number 46) on the Stefan cel Mare street whose owner is Pelagheia Popova and a house with the new number 33 (old number 37) on the Stefan cel Mare street, whose owner is Pelagheia Popov”.", "18. Another certificate from the National Archives dated 6 April 2004 stated:\n“... according to the Archives of the Municipal Council on 29 February 1924 the name of the street Nicolaievskaia was changed to Stefan cel Mare.”", "19. The certificate of 18 May 2004 issued by the National Archives had the following content:\n“... according to the data from the Archives of the Chişinău Municipal Council for the year 1930, there was a house with number 37 on the Stefan cel Mare street (Nicolaevscaia) whose owner was Pelagheia Popova and a house with number 46 on the Stefan cel Mare street (Nicolaevscaia) whose owner was Pelagheia Popov.”", "20. The certificate of 19 May 2004 issued by the Land Register to judge N.B. from the Court of Appeal stated that the owner of the house on 33 Columa Street, was Mr Serghei Popov. It also stated that there was no information as to whom that house belonged before 1940 since the first entry in the Land Register was made in 1952.", "21. According to the Official Gazette of 15 March 1940 issued by the Municipal Council of Chişinău, Romania, in order to eliminate the confusion in the numbering of houses which created economic and administrative difficulties, a new numbering was adopted for certain streets, including the Stefan cel Mare street. The owners of the houses on the concerned streets were obliged to buy from the Municipal Council new number plates and to install them on their houses. The new numbering should have taken effect as of 1 April 1940. Until that date the owners had to have both the old and the new numbers on their houses, in order to facilitate the orientation of the population and authorities. According to a list containing the names of the house owners and their corresponding house numbers, Mrs Pelagheia Popov [the applicant’s mother] was the owner of a house with the old number 37 and the new number 33. The Official Gazette does not contain any other references to her.", "22. The Court of Appeal described in its judgment of 26 May 2004 the content of the above documents and concluded that:\n“the above circumstances were not examined by the court which decided on the merits and on the appeal. They [the circumstances] have an essential importance for an objective ruling on the case. The court which will re-examine the merits shall determine exactly the location and the surface of the house from which the applicant and his family were evicted.”\nThe Court of Appeal decided to extend the time limit for the lodging of the revision request without however giving any reasons thereto. It quashed the final judgment of 5 November 1997, ordered the re-opening of the proceedings and sent the file to the first instance court for a fresh examination.", "23. After the hearing, on 26 May 2004, the Government Agent allegedly told the applicant’s representative that, had he consented to sign the agreement, the revision proceedings and the subsequent quashing and re-opening would not have taken place. The Government deny that this conversation ever took place.", "24. On 18 January 2005 the Court adopted a judgment in the case of Popov v. Moldova, (no. 74153/01, 18 January 2005), in which violations of Article 6 § 1 and of Article 1 of Protocol No. 1 to the Convention were found because of the non-enforcement of the final judgment of 5 November 1997 until 26 May 2004.", "25. The proceedings which were re-opened by the Court of Appeal on 26 May 2004 are still pending before the domestic courts. At the date of adoption of the present judgment they were still pending before the first instance court, the Centru District Court." ]	[ 3, 9 ]
[ "5. The applicant was born in 1960 and lives in Florence.", "6. A.C., C.G. and G.G. were the owners of a flat in Florence, which they had let to R.F.", "7. In a registered letter of 29 June 1987, the owners informed the tenant that they intended to terminate the lease on expiry of the term on 31 December 1987 and asked him to vacate the premises by that date.", "8. In a writ served on the tenant on 9 September 1988, the owners reiterated their intention to terminate the lease and summoned the tenant to appear before the Florence Magistrate.", "9. By a decision of 18 October 1988, which was made enforceable on 23 November 1988, the Florence Magistrate upheld the validity of the notice to quit and ordered that the premises be vacated by 13 October 1989.", "10. In the meanwhile, on 4 April 1989, the applicant became the owner of the flat and pursued the enforcement proceedings.", "11. On 14 November 1989, the applicant served notice on the tenant requiring him to vacate the premises.", "12. On 5 December 1989, she informed the tenant that the order for possession would be enforced by a bailiff on 26 January 1990.", "13. Between 26 January 1990 and 22 January 1999, the bailiff made twenty attempts to recover possession. Each attempt proved unsuccessful, as the applicant was never granted the assistance of the police in enforcing the order for possession.", "14. On 17 May 1990, the applicant made a statutory declaration that she urgently required the premises as accommodation for herself.", "15. On 11 October 2000, the applicant recovered possession of the flat." ]	[ 3, 9 ]
[ "4. The applicant was born in 1944 and lives in Kumanovo.", "5. On 4 August 1995 the Kumanovo Employment Bureau (“the Bureau”) (Републичкиот завод за вработување - Биро за вработување Куманово) granted the applicant, who had been laid off, a monthly unemployment compensation, the amount of which equalled the minimum salary reduced by 20%.\n6 On 28 August 1995 the applicant appealed the decision before the Ministry of Labour and Social Policy (“the Ministry”) (Министерство за труд и социјална политика), alleging that his compensation had been miscalculated. He claimed that the amount of compensation should be based on the average of his last three monthly salaries reduced by 50%.", "7. As the Ministry remained inactive, the applicant instituted administrative contentious proceedings before the Supreme Court (Врховен суд на Република Македонија).", "8. On 24 April 1997 the Supreme Court rejected his appeal as he had failed to re-introduce his complaint with the Ministry before instituting the administrative contentious proceedings.", "10. On 27 August 1997 the Bureau, which transmits administrative complaints to the Ministry, rejected his complaint finding that he had already appealed the first-instance decision and that the Supreme Court’s decision of 24 April 1997 had not provided instructions for further remedies.", "11. On 15 December 1997 the applicant filed a new appeal with the Supreme Court, complaining about the Ministry’s inactivity and the rejection of his prior complaint. The Ministry did not reply to the applicant’s pleadings nor did it provide the Supreme Court with the requested documents.", "12. On 28 April 1999 the Supreme Court granted the applicant’s appeal and ordered the Ministry to decide upon his complaint of 28 August 1995 within 30 days from the serving of its decision. The Supreme Court also held that the Bureau had unjustifiably rejected the applicant’s appeal instead of transmitting it to the Ministry for consideration.", "13. As the Ministry remained inactive, the applicant took another action before the Supreme Court to decide on the merits.", "14. On 6 October 1999 the Supreme Court annulled the Bureau’s decision from 1995 and remitted the case for re-examination.", "17. As it remained inactive, on 7 February 2000 the applicant re-introduced his claim before the Ministry.", "18. It appears that the applicant instituted administrative contentious proceedings before the Supreme Court on account of the inactivity of the Ministry.", "19. In the meantime, on an unspecified date prior to 15 August 2000, the Ministry upheld the Bureau’s decision of 26 November 1999. This decision was allegedly served on the applicant on 18 August 2000.", "20. On 27 June 2001 the Supreme Court upheld the Ministry’s decision, finding that the applicant’s unemployment benefit had been calculated in accordance with the law." ]	[ 3 ]
[ "4. The applicants were respectively born in 1927 and 1929 and live in Rome.", "5. In a registered letter of 26 February 1990, the applicants informed the tenant that they intended to terminate the lease on expiry of the term on 5 October 1992 and asked him to vacate the premises by that date.", "6. In a writ served on the tenant on 28 December 1990, the applicants reiterated their intention to terminate the lease and summoned the tenant to appear before the Rome Magistrate.", "7. By a decision of 17 May 1991, which was made enforceable on the same day, the Rome Magistrate upheld the validity of the notice to quit on 5 October 1992 and ordered that the premises be vacated by 5 October 1993.", "8. Pursuant to Law no. 359/92, the expiry of the term was extended until 5 October 1994.", "9. This decision invalidated the previous writ. As a result, the applicants had to restart the eviction proceedings.", "10. On 5 April 1996, they served on the tenant a second notice to quit and summoned him to appear before the Rome Magistrate.", "11. By a decision of 20 November 1996, the Magistrate upheld the validity of the notice to quit and ordered that the premises be vacated by 20 May 1997.", "12. On 18 December 1998, the applicants served on the tenant the order to vacate the premises.", "13. On 17 February 1999, they informed the tenant that the order for possession would be enforced by a bailiff on 22 July 1999.", "14. On 25 October 1999, the applicants served on the tenant a second order to vacate the premises.", "15. On 4 November 1999, they informed the tenant that the order for possession would be enforced by a bailiff on 30 November 1999.", "16. Between 30 November 1999 and 14 April 2000, the bailiff made four attempts to recover possession. Each attempt proved unsuccessful.", "17. On 30 June 2000, the applicants recovered possession of the flat.", "18. In a registered letter of 19 February 1990, the applicants informed the tenant that they intended to terminate the lease on expiry of the term on 30 June 1991 and asked him to vacate the premises by that date.", "19. In a writ served on the tenant on 13 June 1990, the applicants reiterated their intention to terminate the lease and summoned the tenant to appear before the Rome Magistrate.", "20. By a decision of 22 June 1992, which was made enforceable on the same day, the Rome Magistrate upheld the validity of the notice to quit on 31 December 1993 and ordered that the premises be vacated by 30 September 1994.", "21. Pursuant to Law no. 359/92, the expiry of the term was extended until 31 December 1995.", "22. This decision invalidated the previous writ. As a result, the applicants had to restart the eviction proceedings.", "23. On 5 April 1995, the applicants served a second writ on the tenant with a view to terminating the lease.", "24. The tenant was then summoned to appear before the Rome Magistrate who, by a decision of 20 November 1996, upheld the validity of the notice to quit and ordered the premises be vacated by 20 November 1997.", "25. On 18 December 1998, a notice was served on the tenant requiring him to vacate the premises.", "26. On 17 February 1999, the applicants informed the tenant that the order for possession would be enforced by a bailiff on 22 July 1999.", "27. Between 30 November 1999 and 14 April 2000, the bailiff made 4 attempts to recover possession. Each attempt proved unsuccessful.", "28. On 29 September 2000, the applicants recovered possession of the flat." ]	[ 3, 9 ]
[ "4. The applicant was born in 1957 and lives in Rostov-on-Don.", "5. The applicant was engaged in emergency operations at the site of the Chernobyl nuclear plant disaster. As a consequence, he was entitled to certain social benefits.", "6. In 2001 the applicant was placed on a waiting list for free housing. As the Kirovskiy District Administration did not provide him with a flat within three months, the applicant sued the administration.", "7. On 19 December 2001 the Kirovskiy District Court of Rostov-on-Don allowed the applicant’s claim against the Kirovskiy District Administration for the provision of housing. It ordered that the administration:\n“...provide [the applicant’s] family of five - [the applicant], his wife, his son, his daughter and his mother - with other comfortable living premises within three months after the entry of the judgment into force”.", "8. No appeal was brought against the judgment and on 4 January 2002 it became final.", "9. On 24 January 2002 the bailiffs’ service opened enforcement proceedings. However, the judgment could not be enforced because the town administration possessed no available housing or financial resources to purchase a flat.", "10. On 10 August 2003 the applicant’s mother died.", "11. On 28 October 2004 the Mayor of Rostov-on-Don issued an order allocating a three-room flat measuring 81.7 square metres in the Blagodatnaya Street to the applicant’s family of four.", "12. The bailiffs asked the Kirovskiy District Court to stay the enforcement proceedings until the completion of the construction works on the block of flats in the Blagodatnaya Street. In the alternative, they requested to amend the method of enforcement and to order that the Kirovskiy District Administration should pay the applicant the monetary value of the flat.", "13. On 1 December 2004 the Kirovskiy District Court dismissed the bailiffs’ request.", "14. On 24 January 2005 the Rostov Regional Court quashed that decision and remitted the matter for a new examination. The proceedings are now pending.", "15. By a letter of 14 December 2004 the Chief Bailiff of the Kirovskiy District bailiffs’ service informed the applicant that the bailiffs had fined the Kirovskiy District Administration five times for their failure to execute the judgment of 19 December 2001. It was not possible to collect the fines because the administration’s funds were allocated for specific purposes.", "16. The applicant has not yet received an occupancy voucher in respect of either the flat in the Blagodatnaya Street or any other flat.", "17. It appears that the judgment of 19 December 2001 remains unenforced to date." ]	[ 3, 9 ]