Datasets:

ecthr_cases

like 9

[ "5. The applicants were born in 1957 and 1966, respectively, and live in Vladičin Han.", "6. They were employed by DP “PK Delišes”, a socially-owned company based in Vladičin Han (hereinafter “the debtor”).", "7. On 20 October 2003, the Vladičin Han Municipal Court ordered the debtor to pay the first applicant specified amounts on account of salary arrears and social insurance contributions. This judgment became both final and enforceable by 31 October 2003.", "8. On 31 December 2003 upon the first applicant’s request to that effect, the Vladičin Han Municipal Court ordered the enforcement of the said judgment and further ordered the debtor to pay the first applicant the enforcement costs.", "9. On 18 February 2004, the Vladičin Han Municipal Court ordered the debtor to pay the second applicant specified amounts on account of salary arrears and social insurance contributions. This judgment became both, final and enforceable by 11 April 2004.", "10. On 4 May 2004, upon the second applicant’s request to that effect, the Vladičin Han Municipal Court ordered the enforcement of the said judgment and further ordered the debtor to pay the second applicant the enforcement costs.", "11. On 18 February 2004 the Privatisation Agency ordered the restructuring of the debtor.", "12. On 30 January 2014 the Leskovac Commercial Court opened insolvency proceedings in respect of the debtor.", "13. The applicants duly reported their respective claims based on the above-mentioned judgments to the insolvency administration.", "14. The insolvency proceedings are still ongoing." ]

[ "P1-1", "6" ]

[]

[]

[ "6. The applicant was born in 1991 and lives in Szeged.", "7. On 21 January 2011 around 4 a.m. the applicant and his girlfriend Ms D.L. were about to leave a club in Szeged, when three men in their twenties, unknown to them, started to insult them. The three men made degrading comments about the applicant’s Roma origin and about the physical appearance of his girlfriend.", "8. Subsequently a fourth person, Mr E.D., appeared, presenting himself as a police officer. (In fact, he was a penitentiary officer.) When Mr E.D. was about to leave, the applicant questioned him about his attitude using offensive and vulgar language, upon which Mr E.D. turned back and got into a fight with the applicant, which ended due to the intervention of three persons, the applicant’s acquaintances.\nFollowing the fight, Mr E.D. called the police. Two officers arrived. The applicant, Mr E.D. and Ms D.L. were then escorted to the local police station. They were released the day after. Although both the applicant and Mr E.D. had visible injuries, only Mr E.D. underwent a medical examination. According to the medical findings, he had bruises on his temple and a haematoma around his right eye.", "9. On 23 January 2011 the applicant was examined by a general practitioner, who found that he had bruises on his chest, back, neck and face.", "10. On 1 February 2011 the applicant lodged a criminal complaint with the Szeged Public Prosecutor’s Office against Mr E.D. He submitted that the three who had insulted him had shouted at him “Dirty gypsy, do you need a cigarette? Here is money!” and thrown cigarettes and money at him. He also maintained that Mr E.D., who presented himself as a police officer upon his arrival at the scene, had asked the others whether “[they] could not handle a dirty little gypsy” and, turning to him, had called him a gypsy. He also gave a description of the injuries he had suffered.\nFurthermore, the applicant explained that the day after the incident he had identified Mr E.D. on a social network. He had extracted some of his posts and submitted them to the Prosecutor’s Office.", "11. In these posts, Mr E.D. commented that the night before he “had been kicking in the head a gypsy lying on the ground when [he] was overcome by three of his buddies”. In reply to favourable posts by other users, Mr E.D. posted an Internet link to a video clip containing a widely known excerpt from a feature film with overtly intolerant and explicitly racist language. He added that the list of the types of people loathed by the character speaking in the clip could be completed with “some other types of rubbish living among us”.", "12. On 7 February 2011 the Public Prosecutor’s Office opened a criminal investigation against Mr E.D. for the offence of “violence against a member of a group” within the meaning of section 170 (1) of the Criminal Code.", "13. On 17 March 2011 the two police officers who had arrived at the scene were questioned, as well as Ms D.L. The latter corroborated the applicant’s version of the events. The testimony of the police officers’ did not contain any account of the incident; they had arrived at the scene only after the fight.\nThe applicant’s three acquaintances, whose intervention had ended the fight, were not questioned, their identity remaining unknown to the prosecution. The applicant was questioned about their contact details, however the only information he could provide were their nicknames.", "14. In parallel, the Szeged Public Prosecutor’s office initiated an ex officio investigation into the same facts on charges of disorderly conduct (garázdaság). On 5 July 2011 Mr E.D. was questioned as a suspect, where he stated that the applicant had provoked him. He admitted to having pushed the applicant away in self-defence, but claimed that he had neither hit nor insulted him. He maintained that he had made no statement concerning the applicant’s Roma origin and that the fight had not taken place because the applicant’s Roma origin but because he had been attacked by the latter. As regards his comments on a social network, Mr E.D. stated that he had posted them for no particular reason and specified that “in fact [he] had not been kicking the boy’s head ... had [he] done so the [applicant] would have suffered more serious injuries”.", "15. In a decision of 20 July 2011 the Public Prosecutor’s Office discontinued the investigation into the offence of “violence against a member of a group”, considering that there was no evidence substantiating that Mr E.D. had attacked the applicant out of racial hatred. Relying on the applicant’s complaint, Ms D.L.’s testimony, Mr E.D.’s statement given as a suspect in the parallel proceedings and the medical evidence, the Public Prosecutor’s Office concluded that it could not be established who had provoked the fight and whether there was a causal link between the insults directed against the applicant and the fight.\nThe applicant filed a complaint against the discontinuation on 26 July 2011.", "16. On 8 August 2011 the applicant’s lawyer was given the opportunity to study the case-file. On the same day she requested Mr E.D. to be heard as a suspect, or at least as a witness; she also requested a confrontation (szembesítés) between the applicant and Mr E.D. This request was dismissed on the ground that Mr E.D. had already been heard as a suspect in the parallel proceedings on charges of disorderly conduct, and the records of his testimony were attached to the investigation file and used as documentary evidence.\nOn 16 August 2011 the applicant also challenged this decision and requested that further investigative measures to be taken.", "17. On 8 September 2011 the Csongrád County Regional Public Prosecutor’s Office upheld the first-instance decision, considering that:\n“Accepting the background of the incident, as recounted by the victim and Ms D.L., although it is likely that the action had racist motives, it cannot be proven sufficiently for establishing criminal responsibility – that is, unequivocally and beyond any doubt – that Mr E.D. ill-treated the applicant precisely because of his Roma origin. The racist motive cannot be established, in particular, since before the incident Mr E.D. had intended to leave the scene and only turned back because of the victim’s reproach, and the only information about the start of the fight originates in the contradictory statements of the victim and Mr E.D. Neither the victim nor Ms D.L. could provide further details as to the question whether after having turned back, Mr E.D. made any further racist comments before or during the fight. The Facebook post attached to the criminal complaint only reveals that Mr E.D. had insulted an unnamed and unidentifiable person of Roma origin the night before. It cannot be established unequivocally and beyond doubt, either from the post or from the subsequent messages, that [the insult] took place precisely because of the victim’s Roma origin.\nBased on the above reasons and considering all available information and evidence in their entirety, Mr E.D.’s racist motive is probable at the maximum, but cannot be established beyond doubt.”\nAs regards further investigative measures, the Prosecutor’s Office stated that given the fundamental contradictions between the statements of Mr E.D., the applicant and Ms D.L., a confrontation between them had no prospects of success. Furthermore, Mr E.D. had given a detailed account of the facts in his testimony given as a suspect in the parallel proceedings, which rendered futile his further questioning.", "18. On 11 May 2012 Mr E.D. was convicted of disorderly conduct by the Szeged District Court for having got into a fight with the applicant and was placed on one-year probation." ]

[ "14", "3" ]

[ 3, 5, 8, 9, 11 ]

[]

[ "9. The applicant was born in 1980 and lives in Helsinki.", "10. He is a photographer and journalist who is employed by the weekly magazine Suomen Kuvalehti. On 9 September 2006 he was sent by his employer to take photographs of the demonstration which was being held in protest against the ongoing Asia‑Europe Meeting (ASEM) in Helsinki. The demonstration was an exceptionally large one in the Finnish context and all the media were following it closely. The applicant was to conduct an extensive report on the demonstration for the paper version of the magazine and also to publish it online immediately, once the demonstration had ended.", "11. The following account of the circumstances of the case is based on the parties’ submissions, including the DVD material covering the Smash ASEM event (see paragraph 7 above) as well as the Helsinki District Court judgment (see paragraph 37 below).", "12. On 30 August 2006, before the demonstration took place, the Finnish Security Intelligence carried out an assessment of the risk levels inherent in the upcoming Smash ASEM demonstration and alerted the Helsinki Police Department that the demonstration would be a hostile one and would not aim to highlight any clear political message. At that time the Police Department did not manage, despite all efforts, to establish contact with the organisers of the demonstration. The police based their subsequent actions, inter alia, on these grounds.", "13. A similar risk assessment had also been carried out in the context of two earlier demonstrations which had taken place in Helsinki during the same year, both of which had turned violent. The first one was the EuroMayDay demonstration of 30 April 2006, when a march of approximately 1,500 persons evolved into a riot with projectiles being thrown and property damaged. Consequently, the District Court found eight persons guilty of violent rioting and resisting the police by violence and imposed suspended prison sentences. A similar incident took place during the Helsinki Night of the Arts on 24 August 2006 which also resulted in the destruction of property and violence and led to the detention of fifty-six persons.", "14. On 8 September 2006 the so-called Dongzhou Coalition notified the police of the Smash ASEM demonstration. According to the report of the Deputy Parliamentary Ombudsman (see paragraph 34 below), the police did not have any information on the Dongzhou Coalition and it was thus unclear to them who the organiser was in reality. It appears from public sources that the said “coalition” was an informal group open to anyone who agreed with the idea behind the Smash ASEM demonstration and who undertook not to bring any party emblems to the demonstration site.", "15. The demonstrators announced that they were planning to march on 9 September 2006 between 5.45 p.m. and 9 p.m. from the Kiasma Museum of Contemporary Art – an area of dense traffic – to the Helsinki Exhibition and Convention Centre where the ASEM Summit was to be held, a distance of 4.9 kilometres. The announced march route was as follows: Mannerheimintie – Kaivokatu – Siltasaarenkatu – Agricolankatu – Kaarlenkatu – Helsinginkatu – Läntinen Brahenkatu – Sturenkatu – Aleksis Kivenkatu – Ratapihantie – Asemapäällikönkatu – Ratamestarinkatu – Rautatieläistenkatu, ending at the park next to the velodrome which is close to the Summit venue. The theme of the demonstration was opposition to the ASEM Summit, with some focus on human rights issues. In posters inviting people to take part in the demonstration, the demonstrators were asked to wear black clothing. The posters also portrayed a demonstrator throwing a Molotov cocktail and they encouraged would-be participants, inter alia, to “bring even a little bit of mayhem to the streets of Helsinki” (“tuoda edes hieman sekasortoa myös Helsingin kaduille”, “att få även en liten bit av kaos också på gatorna i Helsingfors”).", "16. According to the Government, the police were able to make telephone contact with one of the organisers named as the contact person for the event. However, that person, acting on behalf of the organisers, refused to discuss matters relating, inter alia, to the conditions in which the demonstrators would be able to march from the site of the demonstration to the vicinity of the exhibition centre where the ASEM Summit was being held. This refusal extended also to police efforts to establish contact with the organisers at the site of the demonstration itself.", "17. According to the Government, there was a separate area reserved by the police for media representatives to cover the event. It was located at Paasikivi Square, opposite the Kiasma Museum of Contemporary Art, on the other side of Mannerheimintie. The police, as was standard procedure, had notified major Finnish media organisations of the Smash ASEM event and included the contact details of the police’s public-relations unit, which was available to discuss any questions the media might have about covering the event, including information on an area reserved for the media’s convenience. Furthermore, the Helsinki District Police public-relations unit had charged a senior officer to be present at that very same area to answer any questions media representatives might have, as well as to give interviews on the events that unfolded during the day.", "18. The demonstration was to start at 6 p.m. on 9 September 2006. Some 500 bystanders, a core group of about fifty demonstrators and some fifty journalists congregated at the starting-point of the march. The police had made security preparations for the event by deploying 480 police and border-guard officers. By Finnish standards, the scale of the police preparations was exceptional.", "19. At the start of the demonstration, bottles, stones and jars filled with paint were thrown at the public and police officers. Some demonstrators kicked and hit police officers. Apparently, at around 6.05 p.m., police officers surrounded the area of the demonstration. At this point people were free to pass through the line of officers. The police announced several times over loudspeakers that a peaceful demonstration was allowed to take place on the spot but that the crowd was not allowed to demonstrate by marching.", "20. After the escalation of violence, the police considered at 6.30 p.m. that the event had turned into a riot. From 6.30 p.m. to 7.17 p.m. the police sealed off the area in an effort to contain the rioting. The crowd tried to break through the police cordon. However, during this time, the police did allow families with children, and representatives of the media, to pass through. This passage was, at times, subject to bottles and other projectiles being thrown at the spot where people were leaving.", "21. The police announced over loudspeakers that they were stopping the demonstration and that the crowd should leave the scene. This announcement was repeated several times. Hundreds of people then left voluntarily via several exit routes established by the police. When leaving, they were asked to show their identity cards and their belongings were checked.", "22. The applicant claimed that the line of policemen surrounding the cordon was extremely tight and multi-layered. The visibility from outside the cordon to inside was practically non-existent. The police minibuses and detention buses also impeded visibility. At 7.15 p.m. the police started to set up a second, wider cordon and fenced off the whole immediate downtown area. It was not possible to see the Kiasma area from nearby streets.", "23. Some demonstrators were apprehended within the cordoned-off area by force. The apprehensions by the police were effected using the “paint-chain” method, part of which includes the opening up of the police cordon to allow detaining officers to act, followed by that cordon’s immediate closure after the detained person has been secured.", "24. The police announced repeatedly that the crowd should disperse. The applicant claimed that he heard the police order that the area be cleared for the first time at 8.30 p.m. The applicant called his employer and they had a conversation about whether the applicant should leave the area. The applicant noted that on the basis of, inter alia, this conversation he came to the conclusion that his presence inside the cordon was necessary.", "25. Towards the end of the demonstration, the applicant maintained that he had placed himself between the police and the demonstrators. The police continued to order the crowd to disperse, stating that any person who did not leave would be apprehended. At about 9 p.m. a police officer told the applicant personally that he had one last chance to leave the scene. The applicant told the police officer that he was reporting for Suomen Kuvalehti and that he was going to follow the event to its end, after which the police officer had left him alone. The applicant thought that the police would not interfere with his work after he had given them this explanation.", "26. By 9 p.m., about 500 people had left the scene via the police checkpoints. According to the applicant, about twenty demonstrators were still sitting on the ground in the middle of the first cordoned-off area, closely encircled by the police. The demonstrators held on to one another and were holding each other’s arms. The situation inside the cordon had already been peaceful for an hour at this point. After this, the police broke up the crowd of demonstrators and apprehended the protesters.", "27. The applicant claimed that, before he was apprehended, he heard a police officer shout: “Get the photographer!” The applicant was standing next to a former member of parliament and taking photographs when he was apprehended. He told the apprehending officer that he was a journalist, which the police officer later confirmed. The apprehending officer stated during the pre-trial investigation that the applicant did not resist the apprehension and that he had asked to make a telephone call, which he had been allowed to do. The applicant called his colleague at the magazine, explaining that the police had detained him and that he did not know what was going to happen next. He thought that he would be released soon. The applicant had also told the apprehending police officer that he had cameras in his bag, which information was taken into account by the police officer: the applicant was allowed to put his camera equipment away in his camera bag. When the apprehending police officer had asked for identification, the applicant had presented his press card. Another police officer present during the applicant’s apprehension stated during the pre-trial investigation that the applicant did not resist apprehension but that he had not heard the applicant identify himself as a journalist. The apprehending officer also testified that he had filled in the apprehension document, giving the reasons for the applicant’s apprehension and recording his personal information. According to the pre-trial investigation report, the basis for the applicant’s apprehension was contumacy towards the police.", "28. The applicant was then taken to a bus for detainees. In the bus, he allegedly explained to the police again that he was a magazine photographer. The applicant was taken to the police station where he asked to speak with the chief constable. He allegedly explained again that he was a journalist but his requests were ignored. He claimed that he “held up” his press card and started to wear it visibly on his chest thereafter. The applicant also claimed that the receiving police officer at the police station had to remove his press card which was hanging around his neck. According to the applicant, the receiving police officer at the police station was therefore aware that he was a journalist. While in the custody cell, the applicant allegedly shouted also to passing police officers that they had apprehended a journalist, but he was ignored.", "29. The applicant claimed that his camera equipment and memory cards had been confiscated. However, the Government maintained that, as soon as the police had found out that the applicant was a member of the press, his camera, memory cards and other equipment were immediately treated as journalistic sources and were not confiscated. He had been able to retain the photographs and no restrictions on the use of the photographs had been imposed on him by any authority at any stage. According to the report of the Deputy Parliamentary Ombudsman (see paragraph 34 below), the police had checked the content of the detainees’ mobile telephones. However, it is not clear whether the applicant’s mobile telephone was checked or whether his memory cards were inspected.", "30. The police kept the applicant in detention from 9 September at 9.26 p.m. until 10 September at 3.05 p.m., that is, for seventeen and a half hours. He was interrogated by the police on 10 September between 1.32 p.m. and 1.57 p.m.", "31. The applicant’s employer, the editor-in-chief of the magazine, apparently learned about the applicant’s apprehension and that he was being held in police custody. It would appear that he telephoned the police station but was given no information concerning the applicant’s apprehension. According to the applicant, it was only when the editor-in-chief called a senior official (whose name the applicant did not mention in his submissions) at the Ministry of the Interior the following day that preparations were made for the applicant’s release.", "32. The police apprehended 128 persons altogether at the demonstration site. The police released minors (sixteen individuals) after a few hours’ apprehension. The majority of those who were apprehended were released on 11 September 2006. The applicant was the seventh detainee to be interrogated and the sixth to be released after minors. The last suspect was released on 12 September 2006 at 11.07 a.m.", "33. Both domestic and international media reported the event and the police measures widely. The matter was also the subject of a wide-ranging investigation by the Deputy Parliamentary Ombudsman in 2006 and 2007. However, due to procedural rules, the Deputy Parliamentary Ombudsman could not investigate the applicant’s case because the criminal proceedings were pending against him at that time.", "34. It appears from the report of the Deputy Parliamentary Ombudsman of 9 September 2006, inter alia, that the police did not have any information on the Dongzhou Coalition and that it was thus unclear to them who the organiser of the demonstration was in reality. It also appears that the police checked the content of the detainees’ mobile telephones. Moreover, the Deputy Parliamentary Ombudsman criticised, inter alia, the fact that there had been an insufficient number of checkpoints in relation to the number of people, and that the three-hour duration of holding people within the cordoned-off area was unnecessarily long. The Deputy Parliamentary Ombudsman also questioned the legality of the security checks.", "35. On 5 February 2007 the police informed thirty-seven suspects that, for their part, the preliminary investigation was discontinued and that their cases would not be referred to the public prosecutor for the consideration of charges. The public prosecutor brought charges against eighty-six persons altogether.", "36. On 23 May 2007 the public prosecutor brought charges against the applicant for contumacy towards the police (niskoittelu poliisia vastaan, tredska mot polis) under Chapter 16, section 4(1), of the Penal Code (rikoslaki, strafflagen).", "37. On 17 December 2007 the Helsinki District Court (käräjäoikeus, tingsrätten) found the applicant guilty of contumacy towards the police under Chapter 16, section 4(1), of the Penal Code but did not impose any penalty on him.\nThe applicant stated before the District Court that he had heard the orders to disperse at around 8.30 p.m. but had understood them as applying only to the demonstrators. The court found it established that the police actions had been legal and that the applicant had been aware of the orders of the police to leave the scene but had decided to ignore them. It appeared from the witness statements given before the court that the applicant had not said or indicated to a police officer standing nearby at the time of the apprehension that he was a journalist. According to this police officer, this fact only became known to him when the magazine relating the events at the demonstration came out. It appeared also from the witness statement of another journalist that he and a third photographer, who had been in the sealed-off area, had been able to leave the scene without consequences just before the applicant was apprehended. This last remaining journalist stated that he had taken his last photograph at 9.15 p.m. and left the area just two to three minutes before the applicant’s apprehension took place. The District Court found it further established that the police orders had been clear and that they had manifestly applied to everyone in the crowd, which consisted of demonstrators as well as bystanders and other members of the public.\nMoreover, the District Court examined the justification of the interference of the applicant’s right under Article 10 of the Convention in the following manner.\n“...\nIt is disputed whether Mr Pentikäinen had, as a journalist and on the basis of his freedom of expression, the right not to obey the orders given to him by the police. He had intended to use his freedom of expression as a photographer. The police orders to disperse therefore restricted his freedom of expression. The question is whether there was a justification for this restriction.\nPursuant to Article 12 of the Constitution and Article 10 of the European Convention on Human Rights, everyone has the right to freedom of expression. It includes a right to publish and distribute information without interference by the authorities. Pursuant to the Constitution, more detailed provisions on the exercise of freedom of expression are laid down by an Act. In accordance with Article 10 § 2 of the European Convention on Human Rights, the exercise of freedom of expression may be subject to formalities, conditions, restrictions or penalties which are prescribed by law. Pursuant to the said Article and the case-law of the European Court of Human Rights, three requirements must be taken into account when assessing the restrictions: (1) the restriction must be prescribed by law; (2) it must have an acceptable reason; and (3) it must be necessary in a democratic society.\nFirst of all, the District Court notes that the police have the power, in accordance with sections 18 and 19 of the Police Act, to cordon off an area and to disperse a crowd. On the strength of this power, the police gave an order to disperse to the persons remaining in the Kiasma-Postitalo area, which order Mr Pentikäinen also refused to follow. The restriction was thus prescribed by law.\nSecondly, the District Court considers that the powers stipulated in sections 18 and 19 of the Police Act relate to the maintenance of public order and security and to the prevention of disorder or crime, and that in this case the order to disperse given to, among others, Mr Pentikäinen relates to the prevention of disorder. The restriction therefore has an acceptable reason.\nThirdly, it must be examined whether the order to disperse given to Mr Pentikäinen and the obligation to follow it was necessary in a democratic society. The District Court finds that it was necessary to put an end to the situation in the Kiasma area by ordering the crowd to disperse and by asking the persons to leave the area.\nThe District Court concludes that, in the case at hand, the conditions for restricting Mr Pentikäinen’s freedom of expression by ordering him to disperse along with the remaining crowd were fulfilled. The District Court has taken a stand on the elements having an effect on the punishability of Mr Pentikäinen’s act below.\nThe case referred to by Mr Pentikäinen (Dammann v. Switzerland, [no. 77551/01,] 25 April 2006) concerned a situation in which a journalist had been convicted in Switzerland of incitement to breach official secrecy because he had asked for and received information from an administrative assistant in the public prosecutor’s office about some registry entries. The [European] Court found that the applicant’s conviction could prevent journalists from participating in public discussions on questions of general interest. The conviction was not proportionate to the aims sought and Article 10 of the Convention had thus been violated. The District Court finds that the cited case is not similar to the case at hand.\n...”\nHowever, relying on Chapter 6, section 12, of the Penal Code, no penalty was imposed on the applicant as the offence was comparable to “an excusable act” (anteeksiannettavaan tekoon rinnastettava, jämförbar med en ursäktlig gärning). The District Court found:\n“...\nThe punishment of Mr Pentikäinen is waived in accordance with Chapter 6, section 12(3), of the Penal Code because the offence, due to special reasons related to the act, can be deemed comparable to an excusable act. As a journalist, Mr Pentikäinen was forced to adapt his behaviour towards the situation due to the conflicting expectations expressed by the police, on the one hand, and by his profession and employer, on the other hand.\n...”", "38. By a letter dated 23 January 2008, the applicant appealed to the Helsinki Court of Appeal (hovioikeus, hovrätten), claiming that the District Court should have dismissed the charges against him. He argued that his apprehension and the fact that he was found guilty were contrary to the Constitution and Article 10 of the Convention. The applicant was a journalist and he had not participated in the demonstration or caused any disorder. The District Court had not given reasons as to why his apprehension and conviction were “necessary in a democratic society” and had thereby failed to justify the interference.", "39. On 30 April 2009 the Court of Appeal dismissed the applicant’s appeal without giving any further reasons.", "40. By a letter dated 24 June 2009, the applicant further appealed to the Supreme Court (korkein oikeus, högsta domstolen), reiterating the grounds of appeal already presented before the Court of Appeal.", "41. On 1 September 2009 the Supreme Court refused the applicant leave to appeal." ]

[ "7", "10" ]

[ 9, 10, 16, 20, 22, 24, 26, 27, 28, 29, 30, 31, 32 ]

[]

[ "5. The applicants were born in 1944 and 1945 respectively and live in the village of Dospey.", "6. The applicants are the parents of Angel Georgiev, who died on 26 December 1993, aged 23.", "7. In the criminal proceedings related to Angel Georgiev’s death, the national courts established the relevant facts as follows.", "8. On the evening of 25 December 1993 the applicants’ son was with friends of his in a bar in the town of Samokov. At some point an argument and a fight erupted between Angel and his friends and another group, one of whom was K.S. O.V., who was working as a security guard in the bar, attempted to separate the two groups, but was himself beaten up. The two groups went on to another bar, where there was another argument. The two groups then left.", "9. O.V. gathered friends of his, who took several cars and started searching the streets for the people who had beaten him up. They found Angel Georgiev’s group, walking home. O.V. and his friend B.G. were among the first to get out of the cars. O.V. went first for Angel Georgiev’s brother, who ran away, while at the same time B.G. hit Angel Georgiev with a wooden plank. Angel fell to the ground, but managed to stand up again, and was then attacked by O.V. The two of them struggled briefly, until O.V. drew back, saying that Angel had stabbed him in the abdomen. O.V. was then taken by his friends to a hospital, and Angel ran away.", "10. During that time K.S. and his friends had also been driving around the area. They heard people fighting in the distance and approached them. They saw somebody, who turned out to be Angel Georgiev, lying on the ground. First they kicked him repeatedly, but then became aware that he had been seriously wounded. They fled the scene, leaving him lying on the ground.", "11. Angel Georgiev’s body was found by his brother the following morning, 26 December 1993, at the place where he had been left by K.S. and his friends, namely about 200 metres away from the scene of the struggle with O.V. Next to the body lay the pocket knife with which Angel had stabbed O.V. as found later by the investigation and the national courts.\nThere were shoeprints and car-tyre tracks around the body.", "12. A post-mortem report showed that the applicants’ son had been lethally stabbed in the back. The blow had been administered while he had been standing, with considerable force. For some time thereafter, he had still been capable of moving and even running. He had died as a result of a hemorrhage in the chest cavity. There were other wounds and bruises on his face and head, which were unrelated to the cause of death.", "13. Criminal proceedings in connection with Angel Georgiev’s murder were opened on 26 December 1993.", "14. The place where his body had been found was inspected on the same day.", "15. In the weeks that followed many of the participants in the events were interviewed by the investigating authorities. Some of them were interviewed again in 1997, after the prosecutor supervising the case had found that the relevant circumstances had not been adequately established.", "16. On 28 December 1993 and 9 February 1994 respectively, the investigator in charge of the case charged K.S. and O.V. with Angel’s murder. K.S. was remanded in custody from 28 December 1993 to 2 March 1994, and O.V. from 9 February to 8 March 1994. The two accused were questioned on numerous occasions. K.S. denied having killed Angel Georgiev. O.V. initially confessed to having stabbed the victim but then withdrew his confession, explaining that K.S. had asked him to make it. On 13 May 1996 the investigator organised a confrontation between the two accused in order to clarify their versions of the events.", "17. The investigator in charge of the case commissioned several reports by medical and other experts.", "18. On 24 June 1994 the applicants were presented with the evidence collected thus far and given a chance to comment on it. On several subsequent occasions they were again given an opportunity to acquaint themselves with the case file and to comment.", "19. In June and December 1994, January and November 1996, and then in December 1997 the investigator in charge of the case sent the case file to the prosecution, proposing either to stay the proceedings or to indict K.S. and O.V. However, each time the supervising prosecutor remitted the case, considering that further evidence needed to be collected, or that the procedural rights of the two accused had not been respected. In particular, on 9 December 1996 the prosecutor ordered the detailed questioning of the participants in the altercation, with a view to establishing their position, actions and observations during the incident. The prosecutor also instructed the investigating authorities to identify the owner of the knife discovered in the proximity of the victim’s body and which knife had been apparently used by the victim to stab O.V. This latter instruction was subsequently repeated in another prosecutor’s ruling of 29 January 1998. In 1996 the prosecutor replaced the investigator dealing with the case.", "20. Once the preliminary investigation was completed in 1999, the prosecutor indicted K.S. and O.V. and they were brought before a court.", "21. At a court hearing on 9 June 1999 the applicants joined the proceedings as private prosecutors and civil claimants.", "22. In a judgment of 5 June 2000 the Sofia Regional Court found O.V. guilty of murdering the applicants’ son, sentenced him to thirteen and a half years’ imprisonment and ordered him to pay damages to the applicants. On the grounds, among others, that the victim’s blood had been found on O.V.’s clothes, it concluded that O.V. had stabbed him in the back during the short struggle between the two of them. Moreover, B.G. had seen a knife in O.V.’s hands at an earlier point, and it had not been shown that any of the other participants in the fight had had a knife.", "23. The Regional Court considered that there was no evidence that K.S. had in any way caused Angel Georgiev’s death, and accordingly acquitted him.", "24. O.V. lodged an appeal against that judgment. The decision to acquit K.S. entered into force, as it had not been challenged by the prosecution or the applicants.", "25. On 30 April 2002 the Sofia Court of Appeal quashed the lower court’s judgment, finding that O.V.’s conviction had been impermissibly based on assumptions. It acquitted him and disallowed the applicants’ civil claim, noting, in particular, that it had not been established that when he had attacked Angel Georgiev, O.V. had been in possession of the knife which had allegedly been seen earlier. It was also significant that the knife used to stab Angel Georgiev had never been found. In addition, none of the eyewitnesses to O.V.’s struggle with Angel Georgiev had seen him stab the victim. As O.V. had himself been stabbed by Angel, the struggle between the two of them had been brief. O.V. had then left the scene and had been taken to hospital. It was thus possible that the applicants’ son had been stabbed by someone else after O.V.’s departure, or even before that, as the post-mortem and other medical reports showed that after having been fatally stabbed, Angel had still been capable of moving and participating in the fight. The victim’s blood had also been discovered on K.S.’s clothes, and it might have been discovered on the clothes of other participants in the fight, had they been seized and inspected during the initial investigation. Accordingly, there could be different plausible versions of the facts preceding Angel Georgiev’s death, which meant that O.V.’s guilt had not been proved beyond reasonable doubt.", "26. Following an appeal by the prosecution, on 6 February 2003 the Supreme Court of Cassation quashed the above-mentioned judgment and remitted the case, finding that the lower court had not duly taken into account the incriminating evidence, in particular the presence of the victim’s blood on the accused’s clothes.", "27. In a judgment of 8 April 2003 the Sofia Court of Appeal once again acquitted O.V. and dismissed the applicants’ civil claim. It again found that it had not been established beyond reasonable doubt that the accused had fatally stabbed the applicants’ son. It pointed out that it had not been shown that during the struggle with Angel, O.V. had had a knife, as none of the eyewitnesses had seen him brandish, pick up or use one. If he had had a knife at that time, it was unclear what had happened to it after the stabbing. As to the blood on O.V.’s clothes, it could be explained by the fact that B.G. had already hit Angel in the face with a wooden plank, which had provoked bleeding. One of the other participants in the fight could have stabbed the applicants’ son. It was significant in that regard that when K.S. and his friends arrived at the scene, the fight was still going on. Lastly, the Court of Appeal noted that the prosecution had also faced difficulties in establishing who had stabbed the applicants’ son, and had thus indicted two persons, O.V. and K.S., leaving to the courts the “choice” as to which of the two was guilty.", "28. The applicants and the prosecution appealed against the above‑mentioned judgment. On 18 March 2004 the Supreme Court of Cassation quashed it and remitted the case. It found this time that there had been breaches of the procedural rules.", "29. In a judgment of 7 April 2005 the Sofia Court of Appeal acquitted O.V. once again and dismissed the applicants’ civil claim. It found that there was no conclusive evidence that the accused had committed the offence.", "30. The applicants and the prosecution again lodged appeals on points of law.", "31. In a judgment of 18 May 2006 the Supreme Court of Cassation quashed the lower court’s judgment and remitted the case. It considered again that the Court of Appeal had not sufficiently accounted for the fact that there had been traces of the victim’s blood on the accused’s clothes and that B.G. had stated that before the fight he had seen the accused holding a knife.", "32. In a judgment of 11 January 2007 the Sofia Court of Appeal acquitted O.V., finding that in view of the evidence collected, more than one conclusion could be drawn as to who had fatally stabbed the applicants’ son. The Court of Appeal noted that the victim had apparently already been bleeding when he had exchanged blows with O.V., because B.G. had already hit him with a plank, which could explain why O.V.’s clothes were smeared with the victim’s blood. In addition, none of the witnesses had seen O.V. stab the victim and the knife used for the murder had never been found; moreover, B.G.’s statement that he had seen O.V. holding a knife was not convincing, as it contradicted his other statements. It was thus possible that someone else had stabbed the applicants’ son; no definite conclusion could be drawn in that regard, since during the preliminary investigation it had not been established whether anyone else had had a knife, the clothes of the other people involved in the fight had not been examined, and the investigating authorities had not carried out a more extensive search of the area where the fight had taken place in order to locate the knife which had caused the lethal wound. Lastly, it appeared that even at the stage of the preliminary investigation it had been difficult to establish who had dealt the fatal blow to Angel Georgiev; that is why the prosecution had indicted two persons, even though it had been clear that the young man had died as a result of a single stab in the back.", "33. The applicants and the prosecution lodged appeals on points of law against that judgment.", "34. In a final judgment of 28 June 2007 the Supreme Court of Cassation upheld the lower court’s judgment, endorsing its reasoning." ]

[ "2" ]

[ 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 22, 27 ]

[]

[ "10. The applicant was born on 21 October 1930 and lives in Tauragė.", "11. On 23 August 1939 the Union of Soviet Socialist Republics (USSR), led by Joseph Stalin, signed a non-aggression treaty with Germany, led by Adolph Hitler (“the Molotov-Ribbentrop Pact”). Under a secret additional protocol approved by the parties on the same date, as amended on 28 September 1939 and 10 January 1940, Lithuania and the other Baltic States were attributed to the USSR’s sphere of interest in the event of a future “territorial and political rearrangement” of the territories of these then independent countries. After Germany’s invasion of Poland on 1 September 1939 and the subsequent start of the Second World War, the USSR began exerting considerable pressure on the governments of the Baltic States with a view to taking control of those countries pursuant to the Molotov-Ribbentrop Pact and its additional protocol.", "12. Following an ultimatum to allow an unlimited number of Soviet troops to be stationed in the Baltic countries, on 15 June 1940 the Soviet army invaded Lithuania. The government of Lithuania was removed from office, and a new government was formed under the direction of the Communist Party of the Soviet Union, the USSR’s only political party. On 3 August 1940 the USSR completed the annexation of Lithuania by adopting an act incorporating the country into the USSR, with Lithuania being renamed the “the Lithuanian Soviet Socialist Republic” (“the LSSR”). In 1941 the territory was occupied by Nazi German forces. In July 1944 Soviet rule was re-established on Lithuanian territory (see Kuolelis and Others v. Lithuania, nos. 74357/01 and 2 others, § 8, 19 February 2008, and also Ždanoka v. Latvia [GC], no. 58278/00, §§ 12-13, ECHR 2006‑IV).", "13. A nationwide partisan movement began in Lithuania. The goal of the entire armed and unarmed resistance was the liberation and re‑establishment of independent Lithuania. In 1949 an all-partisan organisation, the Movement of the Struggle for the Freedom of Lithuania (Lietuvos laisvės kovos sajūdis (“the LLKS”)) was formed. On 16 February 1949 the organisation adopted a declaration stating that the LLKS Council was “the highest political authority of the nation, leading the nation’s political and military struggle for freedom [aukščiausias tautos politinis organas, vadovaująs politinei ir karinei tautos išsilaisvinimo kovai]”. The Soviet repressive structures, embodied in the NKVD (People’s Commissariat for Internal Affairs, Народный комиссариат внутренних дел), the MGB (Ministry of State Security, Министерство государственной безопасности) and other bodies, sought to suppress the resistance. The system of repressive organisations was reorganised on repeated occasions. Most of the leading and operative employees of those structures were non‑Lithuanians sent to Lithuania from the USSR. In the 1950s the partisan movement was suppressed by the Soviet authorities, although separate partisan formations were operating for some time until after 1953, the year in which the leadership of the LLKS was captured and murdered.", "14. Lithuania regained its independence on 11 March 1990; this was officially recognised by the USSR on 6 September 1991. The Russian army left Lithuania on 31 August 1993.", "15. The Government provided the Court with copies from the Lithuanian Special Archive (Lietuvos ypatingasis archyvas) of the applicant’s service file from the period when he worked for the MGB of the LSSR. The documents are in Russian and were translated into Lithuanian by a translator from the Kaunas region public prosecutor’s office. It appears that these documents were relied upon by the prosecutor when he brought the bill of indictment against the applicant in 2001 (see paragraph 29 below). The documents disclose the following information.", "16. Between 1950 and 1952 the applicant studied at the LSSR MGB School in Vilnius.", "17. On 8 April 1952 the applicant was employed as an assistant operational agent (operatyvinis įgaliotinis), and from 15 September 1952 he worked as an operational agent in the Šakiai district unit of the LSSR MGB. As of 1 July 1953 the applicant worked as a senior operational agent in the MGB and subsequently in the KGB.", "18. The minutes of the Šakiai district MGB unit of the Communist Party members’ meeting of 2 March 1953 record that the agenda of that meeting was devoted to discussing “the decisions of the Soviet Central Committee, and orders from the Soviet MGB and LSSR MGB as to the extermination of nationalist elements in the [Šakiai] district”. The minutes further record that a member of the Šakiai district MGB urged that in the immediate future the “bandits and the nationalist underground should be eradicated”. The regional unit of the Communist Party was encouraged to put more effort into raising awareness among the inhabitants about the “fight against the bandits and nationalist underground”. The minutes record the applicant’s view that “[his MGB unit’s] goal was to exterminate as quickly as possible the bandits, those who help them and their contacts”.", "19. It appears from the minutes of the meeting of 18 September 1953 of the Šakiai district MGB unit of the Communist Party members that on that occasion the applicant gave a speech about “the fight against the nationalist underground”. The applicant stated that so far he “had not succeeded in exposing all the members of the nationalist gangs in the district assigned to him”. In the applicant’s view, “if each communist, each member of his [MGB] unit, takes up his duties more thoroughly, they can obtain good results in the fight against the nationalist underground”.", "20. During the meeting of 4 November 1953 of the Šakiai district MGB unit of the Communist Party members, the applicant was described as a person who had achieved good results in his work.", "21. On 23 December 1953 the applicant became a member of the Communist Party of the Soviet Union. The record of the meeting of the Šakiai district MGB unit of the Communist Party members indicates that the applicant’s superiors characterised him as being disciplined (disciplinuotas), being politically aware (politiškai raštingas) and having good work results. The superiors pointed out that joining the ranks of the “glorious Communist Party” obliged the applicant to “raise his political awareness, study the history of the Communist Party in its fight with various enemies and always be alert”.", "22. In 1964 the applicant gained the qualification of a jurist at the KGB Felix Dzerzhinsky Higher Institute.", "23. From 1967 until he retired in 1975 on health grounds, the applicant worked as the head of the KGB Department in the Jurbarkas district.", "24. According to the applicant’s service record, during his twenty-five years’ service in the MGB and KGB, he was awarded, decorated or commended at least twenty-four times. During his service in the MGB and the KGB, the applicant served up to the rank of lieutenant-colonel (papulkininkis).", "25. On 2 January 1953 the applicant took part in an operation against two Lithuanian partisans, J.A. and A.A., brothers who had been hiding in the forest in the Šakiai area. M.Ž., the applicant’s co-accused in the subsequent criminal proceedings for genocide, had provided the Soviet authorities with information about the partisans’ whereabouts. An operation to capture or liquidate the partisans had been planned. Several soldiers were involved and the applicant was part of the operation. During the attempt to apprehend them, J.A. and A.A. resisted by opening fire on the MGB officers and Soviet soldiers. The partisans were shot and killed.", "26. On the day of the operation, the head of the Šakiai district MGB drafted a report to his superior – the head of the Kaunas region MGB, wherein it was mentioned that the applicant had contributed to the success of the operation during which “two bandits had been liquidated”, and thus deserved to be commended (užsitarnavo paskatinimą).", "27. On 1 September 1953 the head of the Šakiai district MGB wrote to the Minister of the Interior of the LSSR, informing him that on 2 January 1953 the applicant and the MGB officers had liquidated “two members of a nationalist gang [J.A. and A.A.]”. He proposed that the applicant be rewarded for that operation. The applicant’s service file indicates that on 15 September 1953 he received a commendation and was paid a premium of 500 roubles.", "28. On 10 December 1971 the Chairman of the Executive Committee of the Šakiai district indicated that brothers J.A. and A.A. had belonged to a “bourgeois nationalistic armed gang” during the post-war period and that it was for this reason that they were shot in 1953.", "29. After Lithuania regained its independence, the Kaunas region public prosecutor’s office started an investigation in April 2001 into the death of the brothers, J.A. and A.A. In September 2001 the prosecutor charged the applicant and M.Ž. with genocide, pursuant to Article 71 § 2 of the Criminal Code then in force (see paragraph 52 below). The prosecutor found it to be established that as of 15 September 1951[1] the applicant had served as an operational agent in the Kaunas region Šakiai district branch of the LSSR MGB. He knew that “the LSSR MGB’s main purpose was to physically eradicate part of the Lithuanian population belonging to a separate political group [atskira politinė grupė], namely, the Lithuanian partisans, participants in the resistance to the Soviet occupation” and “[t]he applicant had been active in fulfilling that purpose of the LSSR MGB by killing some of the inhabitants of Lithuania belonging to the above-mentioned political group”. For the prosecutor, the applicant’s guilt was proved on the basis of his service record (tarnybos kortelė) and the applicant’s superiors’ commendation for his persistence when executing search measures, managing the operation and personal participation when apprehending the bandits (pareikšta padėka už atkaklumą pravedant agentūrines-tyrimo priemones, vadovavimą operacijai, asmeninį dalyvavimą sulaikant banditus). The evidence examined by the prosecutor included statements by witnesses, minutes of the meetings of the Šakiai district MGB unit which were obtained from the Lithuanian Special Archives (Lietuvos ypatingasis archyvas) and the Genocide and Resistance Research Centre of Lithuania (Lietuvos gyventojų genocido ir rezistencijos tyrimo centras) and translations of those documents, which mentioned the applicant, the tasks he had been assigned with regard to the liquidation of banditry, bandits’ assistants and contact persons. Other evidence included MGB reports about the liquidated bandits, J.A. and A.A.\n(b) The trial court’s verdict", "30. By a judgment of 4 February 2004, the Kaunas Regional Court found that there was sufficient evidence to convict the applicant of genocide. On the basis of witness statements, written evidence provided by the Genocide and Resistance Research Centre of Lithuania and statements by the applicant and his co-accused M.Ž., the court established that J.A. and A.A. had belonged to the 37th unit of the Tauras district partisans. The trial court noted that the information in the case file allowed it to conclude that, in order to compromise the partisan brothers, the Soviet authorities had spread misinformation which indicated that J.A. and A.A. had deserted from the partisan unit, were hiding alone and, thereafter, had no connection with the partisans. Those accusations were untrue. In reality, the partisans, including the brothers, J.A. and A.A., operated in small groups in order to avoid extermination by the Soviets. Lastly, there was no credible evidence in the case which would disprove the assertion that J.A. and A.A. “were members of the organised resistance and that they belonged to a political group”. The trial court also noted testimony by one witness that the partisan brothers had been hiding in the forest for three to four years, and that his family had given them food.", "31. As to the applicant, the court noted that as of 15 September 1951 he had been working as an operational agent of the LSSR MGB and “knew the main goal of that Ministry, which was to physically eradicate a separate political group, Lithuanian partisans, constituting part of the Lithuanian population”. In the MGB files the two brothers had been listed as partisans, members of the armed national underground resistance (partizanai – nacionalinio ginkluoto pogrindžio dalyviai). The court dismissed the applicant’s contention that he had not actively participated in the operation to capture or to liquidate the two partisans during which those two partisans had died. On the contrary, the applicant’s superior officer’s operational file had stated that one of the bandits had been personally eliminated by the applicant. After the operation, the applicant had been admitted to the Communist Party and both he and M.Ž. had received a financial reward. Most importantly, neither the applicant nor M.Ž. denied taking part in the operation to liquidate the partisans. The trial court took the view that all of the circumstances allowed the conclusion that on 2 January 1953 both of the accused had participated “in the physical extermination (killing) of inhabitants of Lithuania who belonged to a separate political group [atskira politinė grupė], and were therefore participants in the resistance to the Soviet occupying power, that is to say, [the applicant] took part in genocide”.", "32. The Kaunas Regional Court noted that Article 3 of the Law of 9 April 1992 on responsibility for genocide of inhabitants of Lithuania provided for the possibility of applying criminal liability for genocide retroactively.", "33. The Kaunas Regional Court convicted the applicant of genocide under Article 99 of the Criminal Code (see paragraph 53 below) and sentenced him to six years’ imprisonment. The applicant was granted a suspension of his sentence on health grounds. M.Ž. was also convicted of being an accessory to genocide under the same provision of the Criminal Code. She was sentenced to five years’ imprisonment, suspended on health grounds.\nThe trial court also granted a civil claim by the injured party, M.B., who was the daughter of J.A. and the niece of A.A., but reserved the question of the amount of damages for separate civil proceedings.", "34. Both the applicant and M.Ž. appealed against their convictions.\n(c) The Court of Appeal’s decision", "35. On 21 September 2004 the Court of Appeal upheld the convictions and held that the trial court’s verdict had been lawful and well-founded. The Court of Appeal indicated that the trial court had not concluded that the applicant had personally shot one of the partisans. In fact, the applicant had been sentenced only for taking part in the operation to eradicate the partisans as representatives of a political group. The applicant himself acknowledged, and it had been proven by the witnesses’ statements and documents, that he had taken an active part in the impugned operation; that he had been responsible for M.Ž., who had shown the Soviet authorities the partisans’ hiding place; that he had been one of the officers who had surrounded the bunker; and that he had stayed with M.Ž. until the end of the operation. In passing sentence, the Court of Appeal observed that the applicant, as an operational officer of the Šakiai district MGB who had worked voluntarily for the occupying authority (MGB) “had clearly known that the goal of that organisation was to physically exterminate the Lithuanian partisans, as part of the Lithuanian population [tikrai žinojo, kad šios įstaigos tikslas yra Lietuvos partizanų, kaip Lietuvos gyventojų dalies, fiziškas sunaikinimas]”. Conscious of that fact, the applicant, together with other participants in the operation, had taken part in person in the killing of the partisan brothers, J.A. and A.A. Likewise, M.Ž., as an MGB agent, also understood the goals of that organisation and by providing it with information about the partisans’ whereabouts and showing it the partisans’ bunker, had understood that the brothers would be exterminated. Accordingly, both the applicant and M.Ž. had acted with direct intent (tiesioginė tyčia). Lastly, the Court of Appeal found that at the time of the criminal proceedings against him the applicant had still been of the view that the Soviet authorities’ actions against the Lithuanian partisans were lawful.", "36. The Court of Appeal dismissed the argument by the applicant that the definition of genocide under Lithuanian law, pursuant to Article 99 of the Criminal Code, contradicted the definition enshrined in Article II of the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). The Court of Appeal noted the trial court’s conclusion that the brothers, J.A. and A.A., had been exterminated for belonging to a “political group”. While admitting that the definition of the crime of genocide in Article 99 of the Criminal Code also included social and political groups, and was therefore wider than that established by the Genocide Convention, the Court of Appeal found that the addition of those groups was “reasonable and in line with reality”. The Genocide Convention did not contain specific provisions to the effect that the concept of genocide could be interpreted widely; however, neither did the Genocide Convention prohibit such an interpretation. The concept of genocide had been expanded in Criminal Codes of other countries. The Court of Appeal further explained that “political group means people connected by common political views and beliefs, and the goal to physically eradicate such a group also means genocide, because this involves an intention to eradicate part of the people [politinė grupė – tai žmonės, susiję bendromis politinėmis pažiūromis ir įsitikinimais, ir siekimas tokią grupę fiziškai sunaikinti taip pat reiškia genocidą, nes siekiama sunaikinti dalį žmonių]”. The court emphasised that\n“the attribution of the Lithuanian partisans, that is to say, participants in armed resistance to occupational power, to a particular ‘political’ group, as was done in the trial court’s verdict, was in essence only relative/conditional and not very precise. The members of this group had at the same time been representatives of the Lithuanian nation, that is, the national group. The Soviet genocide was carried out precisely on the criteria of the inhabitants’ nationality/ethnicity. It follows that Lithuanian partisans could be attributed not only to political, but also to national and ethnic groups, that is to say, to the groups listed in the Genocide Convention.”", "37. The Court of Appeal dismissed the applicant’s and M.Ž.’s contention that their actions did not constitute genocide because at the time of their deaths the brothers, J.A. and A.A., had not been partisans and thus could not have been considered to belong to “a political, social or other group”:\n“... The complaints of the convicted, V. Vasiliauskas and M.Ž., also contain allegations that during the war the brothers, J.A. and A.A., had collaborated with the German occupying forces and had committed crimes. Furthermore, in 1947 they had deserted from the partisan squad and afterwards did not keep in touch with other partisans. Therefore, in the appellants’ view, J.A. and A.A. could not have been considered members of any political, social or other group, and actions against them could not have been considered to be acts of genocide. This Chamber is of the view that these arguments have been reasonably rejected by th[is] court and have already been addressed in the judgment of conviction. Both V. Vasiliauskas and M.Ž. mention certificate no. 1767 of the Lithuanian Archives Department, dated 13 November 2001. The certificate indicates that the KGB archives contain a criminal case on J.A., and that in the indictment of that case it is written that, when Germany occupied Lithuania, J.A. joined the armed squad of white partisans; he carried weapons and took part in arrests, detention and transportation of active Soviet party members and Jews. Furthermore, he conducted anti-Soviet agitation and made terrorist threats against communists, which means that he has committed the crime provided for in Article 581a of the Criminal Code of the Russian Soviet Federative Socialist Republic [counter-revolutionary crime and treason of the motherland]. On 4 May 1945 J.A. escaped from prison and joined the partisan squad.\nAs regards A.A., the certificate indicates that during the German occupation he served in the German police, and in 1944 he began living as an outlaw, joining the armed nationalist partisans’ unit. It also indicates that in 1947 J.A. and A.A. left the partisan unit and went into hiding alone: they did not keep in touch with other partisans, and by order of the commander of the Tauras partisan unit were considered deserters. In respect of J.A. the same is indicated in the indictment of 16 March 1945 drawn up by the [MGB]. The specific acts that J.A. was accused of were not detailed. It appears that the above documents contain no data about the brothers’ involvement in particular crimes against humanity. Moreover, given the charges against J.A., it is more likely that he had been accused primarily of carrying out activities against the [USSR] occupying forces themselves. There are no data in the case file about any involvement by the brothers in other criminal acts. Even in KGB documents it is indicated that from 1947 J.A. and A.A. were hiding “without committing robberies, and they did not belong to any [criminal] gang”. The Genocide and Resistance Research Centre’s letter entitled “Resistance activity by J.A. and A.A.” indicates that from 1945 they belonged to partisan unit no. 37... According to data from the Šakiai MGB, in 1949 [J.A. and A.A.] still belonged to partisan unit no. 37 ... Afterwards, they left the unit and took no further part in active partisan actions.\nIn the Chamber’s view, the information given does not indicate that until their liquidation J.A. and A.A. could not have been considered Lithuanian partisans. In the judgment of conviction it is rightly noted that during the relevant period partisans had already been forced to fight in small groups to avoid extermination. Even in the MGB files there is an indication that in August 1952 other partisans were looking for an opportunity to meet J.A. and A.A. in order to form a single squad. The MGB therefore decided to spread the rumour that J.A. and A.A. were MGB agents. Specific plans to discredit J.A. and A.A. are apparent from the plan of 12 September 1952 confirmed by the head of the MGB board of Kaunas district ... Witness A.S. testified that in 1952 she met partisans J.A. and A.A. and supplied them with food. In addition, J.A. and A.A. gave her a certificate confirming that she was a supporter of the partisans. She has kept that certificate to this day.\nOn 18 November 1992 the Office of the Prosecutor General cleared J.A.’s name in respect of crimes attributed to him in the indictment of 1945. The prosecutor indicated that from October 1944 to May 1945 J.A. was unlawfully imprisoned. In 1998 and 2002 the Genocide and Resistance Research Centre of Lithuania posthumously granted J.A. and A.A. volunteer-fighter [kario savanorio] certificates. It is clear that the MGB itself had considered J.A. and A.A. to be partisans from the report of 11 June 1952, in which the head of the Kaunas MGB informed the LSSR Minister of the Interior that measures had been adopted to ascertain the hiding place of [J.A. and A.A.] and liquidate them. The Šakiai district MGB was to take measures for a speedier liquidation of [J.A. and A.A.]. All this served to prove that when putting those plans into action J.A. and A.A. had been killed as participants in the armed resistance.”\n(d) The Supreme Court’s ruling", "38. On 22 February 2005 the Supreme Court, in cassation proceedings, upheld the conviction of the applicant and M.Ž. As concerns the concept of genocide, the court held as follows.\n“Both of those convicted argue that the concept of genocide, as established in Article 99 of the Criminal Code, is broader than the one established in Article II of the Genocide Convention, thus not corresponding to the norms of international law. This argument must be dismissed.\nIndeed, Article 99 of the Criminal Code does provide for a broader concept [platesnė nusikaltimo sudėtis] of the crime of genocide than that in Article II of the [Genocide] Convention. According to Article 99 of the Criminal Code, genocide also comprises actions aimed at the physical eradication of some or all of the members of a social or political group. Article II of the Convention does not mention such groups.\nBy acceding to the [Genocide] Convention, the Republic of Lithuania acquired the obligation to ensure that its norms were applied on its territory. Accordingly, by acceding to the [Genocide] Convention, Lithuania acquired the obligation to punish actions aimed at the total or partial destruction of a national, ethnic, racial or religious group, and to prevent such actions. Acceding to the [Genocide] Convention does not deprive a State of the right to define actions which are crimes, and to prohibit them [apibrėžti veikas, kurios yra nusikaltimai, ir jas uždrausti]. This is even truer because Article V of the [above-mentioned] Convention provides that the Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the Convention and to provide penalties for those guilty of genocide or any of the other acts listed in Article III. In Lithuania, this provision has been put into force by enactment of the Law of 9 April 1992 on responsibility for genocide of inhabitants of Lithuania. The concept of genocide, as established in Article 1 of that law, corresponds to the concept of genocide established in Article II of the Genocide Convention. At the same time, when joining the Convention, in Article 2 of the Law on responsibility for genocide of inhabitants of Lithuania, the Lithuanian Parliament established that the killings and torture of Lithuanian people and their deportations which took place during the years under Nazi German and Soviet occupation and annexation corresponded to the characteristics of the crime of genocide as established by the norms of international law. The 1998 amendments to the Criminal Code established the elements of the crime of genocide [apibrėžta genocido nusikaltimo sudėtis], and included acts aimed at the physical extermination of some or all of the members of a social or political group. This characteristic of the crime of genocide remained in Article 99 of the Criminal Code. It is clear that adding acts aimed at the physical extermination of some or all of the members of a social or political group to the definition of the crime of genocide amounts to nothing more than the execution of the legal norms of Article 2 of the Law of 9 April 1992 on responsibility for genocide of inhabitants of Lithuania. It follows that the doubts by the applicant and M.Ž. about the interpretation of the concept of the crime of genocide are not founded.”", "39. The Supreme Court noted that the applicant and M.Ž. “had been convicted of involvement in the physical extermination of a part of the inhabitants of Lithuania, who belonged to a separate political group, that is Lithuanian partisans – members of the resistance to the Soviet occupying power [nuteisti už dalyvavimą fiziškai sunaikinant Lietuvos gyventojų dalį, priklausiusią atskirai politinei grupei, t.y. Lietuvos partizanams – pasipriešinimo sovietų okupacinei valdžiai dalyviams]”. The court dismissed arguments by the applicant and M.Ž. that the brothers, J.A. and A.A., had deserted from the partisans and that at the time of their death they therefore no longer belonged to the partisans’ political group. That argument had been raised both before the trial and appellate courts and had been dismissed by them for sound and clear reasons.", "40. The Supreme Court observed that between 1944 and 1953 the “nation’s armed resistance – the partisan war – against the USSR’s occupying army and structures of the occupying regime was underway in Lithuania”. It further pointed out that under the Law on the status of participants in resistance against the occupations of 1940-1990 (Pasipriešinimo 1940-1990 metų okupacijoms dalyvių teisinio statuso įstatymas), enacted on 28 November 1996, the partisans who fought against the occupation had been declared volunteer fighters. In 1998 and 2001 the Genocide and Resistance Research Centre of Lithuania granted volunteer-fighter status to J.A. and A.A., which meant that they had met the condition contained in that Law that such status could only be granted to individuals who had not committed crimes against humanity or had not killed civilians.", "41. The Supreme Court also dismissed the applicant’s argument that he had not committed any act causing the death of the two partisans. It stated as follows.\n“The trial court has concluded that V. Vasiliauskas took part in the killing of Lithuanian partisans, J.A. and A.A.: he and other MGB officers surrounded the bunker and attacked it; during the attack J.A. and A.A. were shot and killed. The trial court’s verdict does not state that V. Vasiliauskas himself killed any of the partisans, although data to that effect exist in the case file (the 2 January 1953 report by the head of the Šakiai district MGB).\nParticipation in killing people who belong to a political group is one of the objective elements [vienas iš nusikaltimo sudėties objektyviosios pusės požymių] of the crime of genocide listed in Article 99 of the Criminal Code. Involvement in the killing of members of the groups listed in Article 99 means not only committing acts causing loss of life, but also setting conditions [sudarymas sąlygų] so that the killings happen. It has been established that V. Vasiliauskas, as an MGB officer, together with an MGB subsection chief, took part in preparations for the operation to exterminate J.A. and A.A.; V. Vasiliauskas was armed, and during the operation he was responsible for the MGB agent [M.Ž.], who had located the partisans’ bunker; V. Vasiliauskas stayed with M.Ž. until the end of the operation. V. Vasiliauskas himself acknowledges those actions. Having taken the above into account, the Court of Appeal arrived at the reasonable conclusion that V. Vasiliauskas had played an active role in the operation of the extermination of partisans J.A. and A.A. Even though it has not been established that V. Vasiliauskas killed either of the partisans himself, the actions he took when preparing the operation and at the time of the operation correspond to the objective element of the crime of genocide, as established in Article 99 of the Criminal Code – involvement in killing people who belong to a political group.\nThe actions of V. Vasiliauskas also correspond to the subjective element of genocide – direct intent [tiesioginė tyčia]: V. Vasiliauskas, when taking those actions, had known the goal of the Soviet government – to eradicate all Lithuanian partisans. He knew that the brothers, J.A. and A.A., were partisans, and understood that during the operation they would be killed or arrested and then tortured, tried as ‘traitors to the homeland’ and [possibly] sentenced to death, and [V. Vasiliauskas] wished that to happen.”", "42. On 20 December 2004 M.B. brought civil proceedings, claiming 200,000 Lithuanian litai ((LTL), approximately 58,000 euros (EUR)) from the applicant and M.Ž., to be paid by them jointly. The plaintiff noted that one of the partisans who had been killed, J.A., was her father, and the other, A.A., her uncle. At the time of their death she was nearly seven years old. Her father’s death had left her an orphan. Because of the applicant’s actions she and her remaining family members had sustained enormous mental suffering, depression, humiliation, and loss of reputation; her opportunities to communicate with others had been reduced and she had had to hide and constantly change her place of residence. She argued that she continued to feel the repercussions of the crime, because the applicant and M.Ž. still refused to tell her where her father was buried.", "43. On 9 November 2006 the Kaunas Regional Court dismissed the claim. It noted that the Lithuanian State had already paid M.B. the sum of LTL 20,000 as a one-off compensation payable to those whose families had suffered under the 1940-90 occupation (see paragraph 68 below). It followed that the State had already compensated M.B. for the suffering caused by the loss of her family members.", "44. By a ruling of 20 June 2007, the Court of Appeal overturned the above decision and found that the applicant and M.Ž. were to pay the sum of LTL 150,000 for the damage their criminal actions had caused M.B. The court also emphasised that M.B. could not have applied for damages in Soviet times, when Lithuania was under occupation, that is, during the period when the applicant and M.Ž. had committed the crimes “against the Lithuanian partisans’ battles for the freedom and independence of the Lithuanian State [nukreipti prieš Lietuvos partizanų kovas už Lietuvos valstybės laisvę ir nepriklausomybę]”. It found that the loss of both an immediate family member and a close relative had caused M.B. serious suffering and emotional depression. Furthermore, the court emphasised that “it had to be taken into consideration that the criminal acts were committed on a massive scale and in essence were directed not against particular individuals, but against everyone who had fought for the independence of Lithuania”. Given the applicant’s and M.Ž.’s serious health problems and the fact that considerable time had elapsed since the crimes were committed, the Court of Appeal awarded M.B. the sum of LTL 150,000 in compensation for non-pecuniary damage, to be paid jointly by both individuals who had been found guilty of genocide.", "45. By a ruling of 28 February 2011, the enlarged chamber of the Supreme Court upheld the Court of Appeal’s decision, but reduced the sum to be paid jointly (solidariai) by the applicant and M.Ž. to LTL 50,000 (approximately EUR 14,500). The court observed, inter alia, that the applicant and M.Ž. had committed the crime of genocide when acting together with officers of the LSSR Šakiai district MGB and Soviet soldiers. Accordingly, it was necessary not to impose a disproportionate burden on the applicant and M.Ž. Moreover, “crimes against humanity had the characteristic that they were directed against many people, that is to say the perpetrator caused harm to many victims”, which also had to be taken into account when adjudging the damages to be paid to each of the victims. Should the court grant too large a sum of money, it could complicate the execution of subsequent court decisions if not all the victims were known or should they come forward in the future.", "46. After the Constitutional Court’s ruling of 18 March 2014 (see paragraphs 56-63 below), by a decision of 10 April 2014, the Prosecutor General decided to initiate a process under Article 444 of the Code of Criminal Procedure on account of newly discovered circumstances. The Prosecutor General noted that the trial court had found the applicant and M.Ž. guilty of genocide of a political group. The conviction had been upheld by the appellate and cassation courts. The Prosecutor General’s decision states that, taking into consideration the conclusions set out in the Constitutional Court’s ruling to the effect that retroactive prosecution for genocide of persons belonging to a political or social group was in breach of the principle of the rule of law, it had to be ascertained whether the applicant and his co-accused, M.Ž., were to be considered innocent, guilty of genocide or, as another alternative, whether they might have committed some other criminal activity. A prosecutor from the Office of the Prosecutor General was appointed to examine those newly discovered circumstances.", "47. By a final decision of 28 May 2014, the prosecutor held that the Constitutional Court’s ruling of 18 March 2014 constituted an interpretation of a legal norm and not a newly discovered factual circumstance (“another circumstance” within the meaning of Article 444 § 1 (4) of the Code of Criminal Procedure). Consequently, it could not be the basis for requesting the Supreme Court to reopen the applicant’s criminal case. Accordingly, this constituted a legal impediment to an application to the Supreme Court to reopen the criminal procedure in the applicant’s case." ]

[ "7" ]

[ 8, 9, 15, 19, 21, 23, 25, 26, 27, 28, 29, 30, 31, 34, 37 ]

[]

[ "5. The applicant was born in 1974 and lives in Istanbul.", "6. On 7 June 1999 the applicant and a number of other suspects were taken into police custody by officers from the Security Branch of the Istanbul Security Headquarters (Güvenlik Şube Müdürlüğü) on suspicion of membership of the DHKP-C (the abbreviation for the Revolutionary People’s Liberation Party/Front, an illegal organisation). The applicant alleges that she was subjected to torture by police officers for four days.", "7. On 9 June 1999 the applicant was taken to a forensic doctor, who noted that the applicant had complained that she had been hung by her arms for approximately ten minutes and that her head had been banged against a wall. The medical report indicates that she had a scrape under her left armpit, a 7-8 cm-long large brown macule on her right forearm and a 3 cm‑long oedema on her forehead above the nose.", "8. On 11 June 1999 the applicant was brought before the Istanbul public prosecutor and then before a judge at the Istanbul State Security Court. Before both authorities she denied all accusations against her and complained that she had been subjected to ill-treatment while in police custody. She was subsequently detained pending trial.", "9. On 14 June 1999 the applicant was examined by the prison doctor, who reported a 4x5 cm mark on her right forearm and a swelling on her right clavicle. According to the medical report, the applicant had stated that her arms felt painful and she had a headache.", "10. On 18 June 1999 the applicant filed a complaint with the public prosecutor’s office in Istanbul against the police officers of the Security Branch of the Istanbul Security Headquarters, accusing them of having tortured her. She stated in particular that she had been hung by her arms and had received blows to her head.", "11. On 8 June 2001 the Fatih public prosecutor issued a decision not to prosecute. The public prosecutor considered that the applicant had not been questioned as a suspect and that there was no evidence showing that the accused police officers had committed the crime of torture. The applicant claims that she was not notified of this decision.", "12. On an unspecified date the investigation was reopened. Accordingly, on 18 April 2003 the applicant’s statement was taken by a public prosecutor in the prison where she was detained on remand. The applicant stated that at some time in June 1999 she had been taken into custody at the Anti-Terror Branch of the Istanbul Security Headquarters, where she had been ill-treated for seven to eight days. She noted in particular that she had been undressed, threatened with rape, beaten and hung by her arms by the police officers. The applicant stated that she had been unable to use her arms for approximately one month subsequent to her detention in police custody. She further stated that she could identify the police officers in question.", "13. On 6 August 2003 the Fatih public prosecutor filed an indictment with the Fatih Criminal Court, charging two police officers, A.T. and Z.T., under Article 245 of the former Criminal Code with inflicting ill‑treatment on the applicant while in police custody between 7 and 10 June 1999.", "14. On 8 September 2005 the Fatih Criminal Court considered that it lacked jurisdiction to hear the case. The court held that the accusations against A.T. and Z.T. could not be qualified as ill-treatment within the meaning of Article 245 of the former Criminal Code but should be qualified rather as torture under Article 243 of the same Code. The court therefore ordered the transfer of the case to the competent court.", "15. The case was referred to the Istanbul Assize Court, which on 22 November 2005 also held that it lacked jurisdiction. It held that in order for Article 243 of the former Criminal Code to apply, the acts of ill‑treatment or torture had to be inflicted with the intention to extract information. The court held that the applicant had complained about having been subjected to torture, but she had not alleged that the intent behind such acts had been to extract information from her. The complaint therefore fell under Article 245 of the former Criminal Code and accordingly within the jurisdiction of the Fatih Criminal Court. Consequently, the court referred the case to the Court of Cassation to resolve the jurisdictional dispute.", "16. On 2 October 2006 the Court of Cassation held that the case fell within the jurisdiction of the Istanbul Assize Court.", "17. On 6 March 2007 the Istanbul Assize Court held a hearing in the case during which the applicant joined the proceedings as a civil party. At the same hearing, the applicant made statements to the court. During her examination, she identified Z.T. in the courtroom as one of the police officers who had interrogated and tortured her. The applicant stated that she had been held at two different facilities while in custody. According to her statements to the court, at the first facility she had been beaten; at the second facility, she had been subjected to various forms of torture, including reverse hanging and sexual harassment by around ten police officers. She had been stripped naked and threatened with rape in front of her sister, and she had been sprayed with pepper gas. At the end of the hearing, the Istanbul Assize Court discontinued the proceedings against the accused police officers on the ground that the prosecution of the offences proscribed by Articles 243 and 245 of the former Criminal Code had become time‑barred (the period being seven years and six months at the relevant time).", "18. On an unspecified date the applicant lodged an appeal against the judgment of 6 March 2007.", "19. On 31 January 2008 the Court of Cassation rejected the applicant’s appeal and upheld the judgment of the Istanbul Assize Court." ]

[ "3" ]

[]

[]

[ "5. The applicants were born in 1976 and 1948 respectively and live in Požega.", "6. They were employed by Raketa-Putnički Saobraćaj AD, a socially-owned company based in Užice (hereinafter “the debtor”).", "7. On 26 June 2006 the Požega Municipal Court ordered the debtor to pay the first applicant specified amounts on account of salary arrears and social insurance contributions, plus the costs of the civil proceedings. This judgment became final on 7 July 2006.", "8. On 15 August 2006 upon the first applicant’s request to that effect, the Požega Municipal Court ordered the enforcement of the said judgment and further ordered the debtor to pay the first applicant the enforcement costs.", "9. On 22 September 2006 the Požega Municipal Court ordered the debtor to pay the first applicant specified amounts on account of salary arrears and social insurance contributions, plus the costs of the civil proceedings. This judgment became final on 8 October 2006.", "10. On 19 October 2006 upon the first applicant’s request to that effect, the Požega Municipal Court ordered the enforcement of the said judgment and further ordered the debtor to pay the first applicant the enforcement costs.", "11. On 22 January 2008 the Požega Municipal Court ordered the debtor to pay the first applicant specified amounts on account of salary arrears and social insurance contributions, plus the costs of the civil proceedings. This judgment became final by 2009.", "12. On 24 September 2009 upon the first applicant’s request to that effect, the Požega Municipal Court ordered the enforcement of the said judgment and further ordered the debtor to pay the first applicant the enforcement costs.", "13. On 19 June 2006 the Požega Municipal Court ordered the debtor to pay the second applicant specified amounts on account of salary arrears and social insurance contributions, plus the costs of the civil proceedings. This judgment became final on 5 July 2006.", "14. On 21 August 2006 upon the second applicant’s request to that effect, the Požega Municipal Cour ordered the enforcement of the said judgment and further ordered the debtor to pay the second applicant the enforcement costs.", "15. On 21 September 2006 the Požega Municipal Court ordered the debtor to pay the second applicant specified amounts on account of salary arrears and social insurance contributions, plus the costs of the civil proceedings. This judgment became final on 6 October 2006.", "16. On 17 October 2006 upon the second applicant’s request to that effect, the Požega Municipal Court ordered the enforcement of the said judgment and further ordered the debtor to pay the second applicant the enforcement costs.", "17. The debtor, which operated as a socially-owned company, was privatised on 27 December 2002.", "18. On 17 July 2007 the privatisation was annulled because the buyer in question had failed to fulfil his contractual obligations.", "19. Following the annulment of the debtor’s privatisation the State owned 58.18% of shares in the company.", "20. On 11 December 2008 the State sold its shares to a private company.", "21. On 12 July 2010 the Užice Commercial Court opened insolvency proceedings in respect of the debtor. As a result, all of the ongoing enforcement proceedings against the debtor were stayed.", "22. The applicants duly reported their respective claims based on the above-mentioned judgments to the insolvency administration.", "23. On 8 June 2011 the Commercial Court recognized a part of the applicants’ claims.", "24. In March 2014 and July 2014 some of the judgments at issue had been partially enforced in the insolvency proceedings.", "25. The insolvency proceedings are still ongoing." ]

[ "P1-1", "6" ]

[]

[]

[ "5. The applicant was born in 1992.", "6. On 9 July 2009 the applicant’s father introduced the applicant ‒ who was seventeen years old at the time ‒ to Mr R., an official of the Derbent town administration. The latter promised to hire the applicant as his personal assistant.", "7. On 10 July 2009 the applicant went to Mr R.’s office, assuming that she was to be employed there. She was assigned minor tasks such as making tea and cleaning up the office. On several occasions between 10 and 17 July 2012 the applicant was forced to have sexual intercourse with Mr R. in his office. Mr R. employed physical violence and put psychological pressure on the applicant as he threatened to use his influence and connections in the town administration to harm her family.", "8. On 17 July 2009 Mr R. and Mr A. locked the door to Mr R.’s office at the end of the working day and raped the applicant. Afterwards both men cleaned their genitalia with a piece of pink cloth. Mr R. also used a green baby shirt for this purpose. Later Mr R. took the applicant outside, put her in a car and drove out of town. At some point he stopped the car and forcibly had intercourse with the applicant. Mr R. then drove the applicant to her family home and told her to remain silent about the events, threatening to kill her or her family should she complain to anyone.", "9. After that day, the applicant stopped going to Mr R.’s office.", "10. It later transpired that Mr R. had never had any intention of employing the applicant and that she had not been formally hired as his personal assistant.", "11. On 21 July 2009 the applicant told her father that she had been forced to have sexual intercourse with Mr R. and Mr A. He contacted a local unit of the Investigative Committee of the Russian Prosecutor’s Office (“the investigative committee”), asking that an investigation into the rape be opened.", "12. On 24 July 2009 the applicant made a statement to an investigator from the Derbent investigative committee, Mr M.K., describing the events of 10‑17 July 2009 in detail.", "13. On the same date Mr M.K. and other officials from the Derbent investigative committee inspected Mr R.’s office. They found the pieces of green and pink cloth which, according to the applicant, had been used by Mr R. and Mr A. on 17 July 2009 after the intercourse had taken place, and collected them as evidence.", "14. Between 24 July and 6 August 2009 a forensic expert, a gynaecologist and a proctologist examined the applicant. The forensic report drawn up afterwards stated that the applicant’s hymen was intact and that there were no signs of anal intercourse.", "15. On 2 August 2009 Mr M.K. rejected the request to open an investigation into the rape. He noted, among other things, that Mr R. and Mr A., when questioned, had stated that they had not had sexual intercourse with the applicant. Mr R. had also claimed that the applicant had stolen 1,000 Russian roubles (RUB) from his desk and had therefore had an interest in slandering him. The investigator also mentioned the medical examinations of the applicant, Mr R. and Mr A. carried out on 23 and 24 June 2009, which had recorded no visible signs of blood or sperm on either Mr R.’s or Mr A.’s genitalia and had shown the applicant’s hymen to be intact. The investigator further pointed out that the pieces of cloth found in Mr R.’s office had not been examined by any experts and that in the absence of an expert examination report it was impossible to open a criminal investigation; however, the time-limit for the pre‑investigation inquiry was about to expire.", "16. On 10 August 2009 the head of the Derbent investigative committee, Mr D.A., quashed the decision of his subordinate, Mr M.K., of 2 August 2009 on the grounds that no results of forensic tests on the pieces of cloth were as yet available and issued an instruction ordering a medical examination of the applicant to be carried out by another forensic bureau.", "17. On an unspecified date a forensic expert tested the pieces of cloth and found no spermatozoa or traces of blood in the stains found on them.", "18. On 10 and 11 August 2009 forensic experts examined the applicant and Mr R. They found that the applicant’s hymen was intact and concluded, considering the size of Mr R.’s penis, that vaginal intercourse between the applicant and Mr R. could not have taken place.", "19. By a decision dated 10 August 2009 Mr M.K. again refused to institute an investigation into the rape. The text mostly reproduced verbatim the text of 2 August 2009. Furthermore, the decision of 10 August referred to the forensic medical examinations of the applicant and Mr R. of 11 August 2009 and the report on the forensic biological testing of the pieces of cloth carried out on 20 August 2009.", "20. On 1 September 2009 the applicant was examined by a gynaecologist who concluded that her hymen had been broken.", "21. On 14 November 2009 Mr D.A. quashed the decision by Mr M.K. dated 10 August 2009 not to open an investigation into the rape.", "22. On 16 November 2009 Mr M.K. again issued a decision not to open a criminal investigation into the rape.", "23. On 29 April 2010 the Derbent town court (“the town court”) examined the applicant’s complaint concerning the decision of 10 August 2009 but terminated the proceedings on the grounds that Mr D.A. had quashed it on 14 November 2009 without notifying the applicant accordingly.", "24. On 11 May 2010 the applicant’s lawyer challenged the decision of 16 November 2009 before a court.", "25. On 2 June 2010 the town court declared unlawful the decision of 16 November 2009 by Mr M.K. not to open an investigation into the rape and ordered Mr D.A. to ensure that the errors be rectified. The town court’s reasoning included the following observations:\n“... Mr D.A. admitted that he had been powerless and unable to change the bad practices that had evolved in his unit over the years because investigators under his command did not listen to his instructions and orders or simply ignored them ...\n... this court discovered from the content of the lawyer’s complaint that on 16 November 2009 another decision not to open an investigation against Mr R. and Mr A. identical to the previous one had been taken ... For unknown reasons, in the course of the court hearing of 29 April 2009 the head of the investigative body, Mr D.A., had hidden from the court the fact that, in addition to his own “secret” decision to quash the unlawful procedural act, another decision had been adopted two days later by the investigator Mr M.K., again refusing to open an investigation for identical reasons.\nIt has been established that between 14 and 16 November 2009 no investigative steps were in fact taken, even though the head of the investigative body had ordered an additional check to be carried out ...\n... It is clear that in his decision of 10 August 2009 the investigator unlawfully cited as justification for his actions various medical reports, biological tests and other results obtained only later ‑ between 11 and 20 August 2010. This is in itself absurd ‒ being objectively impossible ‒ and demonstrates that the decision was falsified ...\nThe court also notes that the investigative body at the same time deemed the actions of the victim, Ms S.M., to be tantamount to bringing false charges against Mr R. and Mr A. even though the suspects’ actions had not yet been given a legal classification ...\nTherefore, given the circumstances of the case, the court has concluded that unprofessional and clearly unlawful actions on the part of the investigative body, including the decision currently under scrutiny, have undoubtedly caused significant damage to Ms S.M.’s constitutional rights and freedoms and have gravely impaired her access to justice ...”", "26. On the same day the town court delivered a special decision (частное определение) in respect of the investigators’ actions concerning the applicant’s rape allegations. It decided to inform the head of the Dagestan investigative committee of a number of “grave breaches of criminal procedural law” committed by the Derbent investigative committee and to order him to report back on measures taken with a view to ameliorating the situation within a period of thirty days.", "27. On 23 August 2010 the town court declared unlawful the refusal of 16 November 2009 to open an investigation into the rape, indicating a range of shortcomings in the inquiry that preceded it. The decision became final on 3 September 2010.", "28. On 12 May 2011 the town court rejected the applicant’s request that the Derbent investigative committee be ordered to open an investigation into the rape for lack of subject-matter jurisdiction.", "29. The refusal to investigate the rape of 16 November 2009 was quashed on 7 October 2011 by Mr A.O., an official of the Derbent investigative committee, on the grounds that the town court had declared it unlawful on 23 August 2010. Mr A.O. also issued an instruction ordering an additional inquiry to be carried out.", "30. On 8 October 2011 Mr M.I. of the Derbent investigative committee also refused to investigate the rape. The applicant challenged the refusal before a court.", "31. On 10 January 2012 the town court declared Mr M.I.’s decision of 8 October 2011 unlawful on the grounds that the investigators had not properly evaluated the medical reports confirming that the applicant’s hymen had been broken.", "32. On 24 August 2012 the deputy head of the Derbent investigative committee quashed the decision of 8 October 2011.", "33. On 3 September 2012 Mr M.G. of the Derbent investigative committee refused to open a criminal case. The refusal decision was quashed by his immediate superior on 19 September 2012. On 6 October 2012 Mr M.G. delivered a new refusal to investigate. It was quashed by the deputy head of the Derbent investigative committee on 30 November 2012.", "34. On 10 December 2012 Mr M.G. of the Derbent investigative committee again refused to institute a criminal investigation.", "35. On 17 June 2014 the deputy head of the Dagestan investigative committee quashed the decision of 10 December 2012.", "36. It appears that a criminal investigation into the alleged rape has not been instituted to date.", "37. On 30 July 2009 Mr R. lodged a complaint with the investigative committee asking them to initiate criminal proceedings against the applicant on account of her having brought false charges against him.", "38. On 16 November 2009 Mr M.K. filed with Mr D.A., his superior, a report regarding evidence of the commission of a crime, stating that the applicant’s complaint concerning the rape amounted to a criminal offence under Article 306 § 2 of the Russian Criminal Code (“bringing false charges”). On the same date Mr M.K. ‒ as acting head of the Derbent investigative committee ‒ decided to open an investigation against the applicant and took charge of the case.", "39. On 5 April 2010 the applicant signed an undertaking not to leave her place of residence pending the investigation against her.", "40. On 7 April 2010 the applicant was formally charged with the crime of bringing false charges.", "41. On 17 May 2010 the town court dismissed a complaint from the applicant’s lawyer challenging the decision of 16 November 2009 to open a criminal case against the applicant.", "42. It appears that on 20 August 2010 the proceedings relating to the bringing of false charges were suspended by an official of the investigative committee.", "43. On 18 July 2011 Mr M.M., an official from the Derbent investigative committee, quashed the decision of 20 August 2010 staying the proceedings. On 7 October 2011 the proceedings against the applicant were resumed.", "44. On 18 November 2011 the town court granted the applicant’s request to restore the time-limit for appealing against the decision of 17 May 2010.", "45. On 23 December 2011 Mr N.R., an investigator from the Derbent investigative committee, terminated the criminal proceedings against the applicant for lack of evidence of the commission of a crime, reasoning, in so far as relevant:\n“According to the statement by a proctologist Dr S., minor cuts and bruises typical for anal intercourse could heal in two or three days without a trace. Thus, considering the time that elapsed between the date of the intercourse with Ms S.M. and the date of [medical] examination (28 July 2009), it cannot be ruled out that those wounds had healed.\nFrom the beginning of the proceedings Ms S.M. made detailed statements concerning the forcible sexual acts committed against her, reiterated them in her depositions and confirmed them during the face to face confrontation ...”", "46. On 27 December 2011 the Supreme Court of Dagestan examined the appeal against the decision of 17 May 2010, upholding the decision of 16 November 2009 instituting proceedings against the applicant, quashed it and remitted the evidential material for fresh examination.", "47. On 24 January 2012 the town court terminated the proceedings concerning the applicant’s complaint, challenging the decision of 16 November 2009 to open proceedings against her on the grounds that Mr N.R. had terminated the criminal proceedings against the applicant.", "48. On 10 February 2012 Mr M.D., the deputy head of the Derbent investigative committee, quashed the decision of 23 December 2012 to terminate the criminal proceedings against the applicant.", "49. On 2 March 2012 Mr N.R. severed the proceedings relating to the theft of RUB 1,000 from Mr R.’s desk from the investigation into the bringing of false charges.", "50. On 5 March 2012 the town court quashed the decision of 10 February 2012. The prosecutor’s office appealed.", "51. On 13 March 2013 the police issued a refusal to open an investigation into the theft of RUB 1,000.", "52. On 17 March 2012 Mr N.R. of the Derbent investigative committee terminated the proceedings against the applicant concerning the bringing of false charges, noting that the criminal investigation into the rape had not disproved her account of events.", "53. On 17 April 2012 the Supreme Court of Dagestan terminated the appeal proceedings in relation to the decision of 5 March 2012 on the grounds that the criminal proceedings against the applicant had already been terminated by the Derbent investigative committee.", "54. On 28 April 2012 the town court awarded the applicant RUB 100,000 in compensation for non‑pecuniary damage for unlawful prosecution and RUB 20,000 in compensation for costs and expenses. The judgment became final and was enforced. The applicant submitted that the money was later embezzled by the lawyer whom she had retained." ]

[ "3" ]

[]

[]

[ "6. The applicant was born in 1970. According to the most recently available information, in June 2013 the applicant moved to the town of Illichivsk, Ukraine, after being released from detention. He did not inform the Court of his current whereabouts.", "7. According to the information submitted by the Government, on 21 August 2006 the Illichivskyy Town Court conditionally sentenced the applicant to two years’ imprisonment for drug-related offences. On the same day the same court remanded the applicant in custody pending trial, since the applicant was also suspected of committing a theft.", "8. On 29 May 2007 the Illichivskyy Town Court sentenced the applicant to one year’s imprisonment for theft.", "9. On 25 June 2008 the same court convicted the applicant of inflicting grievous bodily harm and sentenced him to eight and a half years’ imprisonment. Since the applicant had previous unserved convictions the total term was established as nine years’ imprisonment.", "10. According to the Government, the applicant tested positive for the human immunodeficiency virus (“HIV”) as early as 1996. According to the available information, while at liberty the applicant spent time in an infectious diseases department of a hospital (diagnosis unspecified) on one occasion on 18-22 September 2003.", "11. On 30 December 2006 the applicant was arrested and placed in the Illichivskyy Pre-trial Detention Facility (ізолятор тимчасового тримання Іллічівського міського відділу Головного управління Міністерства внутрішніх справ України в Одеській області). The Government submitted that it was impossible to establish the exact period of the applicant’s stay in that facility, since all the relevant documents had already been destroyed.", "12. Between 15 January 2007 and 25 December 2008 the applicant was detained in the Izmayilskyy Temporary Detention Centre (Ізмаїльський слідчий ізолятор) (“the SIZO”). He was also there between 10 March and 4 May 2009.", "13. According to the Government, on 15 January 2007 the applicant was examined and it was established that he was “practically healthy”. During his stay in the SIZO the applicant underwent examinations and received medical treatment as follows: on at least three occasions in 2007 and 2008 the applicant underwent chest X-rays (lungs and heart: no pathologies revealed) and had one blood test (RW, negative). In July and November 2008 he was also examined by a paramedic and diagnosed with prostatitis. The applicant was prescribed medication.", "14. Between 26 December 2008 and 10 March 2009 the applicant was serving a sentence in Odessa Correctional Colony No. 14 (Одеська виправна колонія №14). He was also there between 5 May 2009 and 5 September 2012.", "15. In Odessa Correctional Colony No. 14 the applicant received the following treatment: in March 2009 the applicant was examined and found to be “practically healthy”. In December 2009 the applicant had a viral respiratory infection. In January and September 2011 the applicant was examined by a general practitioner. On a later date the applicant was diagnosed with thrombophlebitis and prescribed treatment. On two occasions, in 2011 and 2012, the applicant was X-rayed; no pathologies were found.", "16. Between 23 November and 3 December 2011 the applicant was in a medical ward with a diagnosis of thrombophlebitis. In November 2011 the Odessa Colony’s authorities enquired about the applicant’s HIV status with the Odessa Regional State Sanitary-Epidemiological Service. On 23 November 2011 the answer was received that the applicant had been diagnosed HIV-positive in 1996.", "17. On 4 May 2012 the applicant was diagnosed HIV-positive by a general practitioner.", "18. In July-August 2012 the applicant had numerous blood tests, including a CD4+ cell count with a result of 74 cells. On 12 August 2012 the applicant was diagnosed HIV-positive at clinical stage 4, with tuberculosis of the lymph glands and oropharyngeal candidiasis. It was noted that the applicant was in a critical condition. On 30 August 2012 the applicant was prescribed anti-tuberculosis treatment.", "19. Between 7 September and 12 October 2012 the applicant was in the infectious diseases department of the Dariyivska Correctional Colony Hospital (інфекційне відділення міжобласної багатопрофільної лікарні при Даріївській виправній колонії № 10 Херсонської області). The applicant underwent numerous blood and urine tests, X-rays and other tests needed for his tuberculosis diagnosis and treatment. He also had a CD4+ cell count, with a result of 98 cells. The applicant was examined by doctors and prescribed treatment. Upon discharge from the department the applicant was diagnosed with HIV clinical stage 4, tuberculosis of the lymphatic glands, candidiasis, leycopenia, weight loss (8%), chronic hepatitis, and chronic pancreatitis. It was recommended that he consult an infectious diseases specialist in order to be prescribed antiretroviral therapy (“ART”).", "20. On 12 October 2012 the applicant arrived at the Interregional Specialised Tuberculosis Hospital of Goloprystanska Correctional Colony No. 7 (міжобласна спеціалізована туберкульозна лікарня при Голопристанській виправній колонії №7). He was diagnosed with tuberculosis of the peripheral lymph nodes, weight deficit of 8%, anaemia, leukopenia, chronic hepatitis in the unstable remission phase, and chronic pancreatitis in remission. There the applicant underwent various examinations and was prescribed treatment, in particular for his tuberculosis.", "21. On 26 October 2012 the applicant was examined by an infectious diseases specialist and diagnosed with HIV at clinical stage 4 and tuberculosis of the peripheral lymph nodes. In November-December 2012 the applicant was examined by a surgeon, diagnosed with after-thrombophlebitis syndrome of both legs in oedema-ulcerous form and prescribed treatment. The applicant had further examinations and tests between November 2012 and January 2013. In particular, the applicant had a CD4 cell count on 21 November 2012 (44 cells, or 18.4%).", "22. According to the Government, on 17 December 2012 the applicant was examined by an infectious diseases specialist and requested ART, however, ART was not possible for lack of available medication. The Head of the Golaprystanska Colony requested a specialised public medical institution for Aids prevention and treatment based in Odessa to provide the necessary ART medication. By a letter dated 15 January 2013, the request was refused on the ground that it was for the prison to provide such medication for inmates. It was also stated that once the applicant was released he would be provided with adequate medical assistance.", "23. It appears from the available material in the case file that the medication for the applicant’s antiretroviral therapy was eventually provided by an NGO in an amount enabling the treatment to last until February 2013. Subsequently, the applicant has continued receiving the necessary medication.", "24. On 4 and 25 February 2013 the Head of the Golaprystanska Correctional Colony lodged with the Golaprystanskyy District Court two requests under Article 84 of the Criminal Code for the applicant’s release, stating that the applicant was suffering from Aids and had other serious health problems. The requests were based on the reports of a medical commission, according to which the applicant’s diseases formed part of the list of health problems for which prison authorities could seek prisoners’ release.", "25. On 11 February and 11 March 2013 respectively the court refused both requests, principally on the grounds that the applicant had been repeatedly convicted of serious crimes (the most recent having been an assault on his mother resulting in her death) and while imprisoned he had been disciplined for violating prison regulations on twelve occasions, which demonstrated that he engaged in persistent anti-social behaviour and did not wish to improve. According to the court, the applicant continued to be a danger to society. In its decision of 11 February 2013, the court also noted that it did not follow from the prison governor’s request that the applicant’s Aids diagnosis had been established by the relevant specialist. Moreover, there is no information that the applicant has relatives or anyone close to him who could or would take care of him if he were at liberty.", "26. On 15 March 2013 the applicant’s CD4+ cell count was 129.", "27. On 25 March 2013 the Government submitted medical information, according to which the applicant’s state of health was of medium severity. His HIV and tuberculosis diagnoses were confirmed, and it was noted that the applicant was also suffering from hyperthermia, chronic hepatitis, chronic pancreatitis, post-thrombophlebitic syndrome, anaemia, serious immunosuppression, weight loss, and diarrhoea. The applicant remained under constant supervision by tuberculosis and infectious diseases specialists at the Goloprystanska Colony, and received ART and anti-tuberculosis treatment and also symptomatic treatment and vitamins.", "28. On 22 April 2013 the Goloprystanskyy District Court refused a new request from the head of the colony to release the applicant in view of his health condition. It was noted that the applicant had Aids and a number of serious health problems. The court, however, concluded that the applicant had numerous convictions for committing, inter alia, serious crimes. He has been reprimanded on numerous occasions while in detention. The court has already twice refused similar requests for release, and there was no evidence that the applicant’s state of health had worsened in comparison to the time when the last request had been rejected.", "29. On 20 June 2013 the Kherson Regional Court of Appeal quashed this decision and decided to release the applicant in view of his serious health problems.", "30. On 26 June 2013 the applicant was released." ]

[ "13", "3" ]

[]

[]

[ "4. The applicant was born in 1949 and lives in Chervonograd.", "5. On 29 June 2010 the applicant’s mother K. was found in her house with grave bodily injuries. On 1 July 2010 she succumbed to those injuries while undergoing treatment in a hospital.", "6. On 7 November 2010 the police instituted a criminal investigation into her death.", "7. On 16 November 2010 the police questioned K.’s neighbours and relatives who stated that the applicant had frequently beaten her. A. and B. stated that shortly before her death, K. had told them that on 29 June 2010 she had been beaten by the applicant.", "8. On 16 November 2010 the police instituted criminal proceedings against the applicant on suspicion of having beaten his mother which resulted in her death. On the same date the applicant was arrested for seventy-two hours. According to the applicant, the arrest record mentioned that he was arrested in order to “prevent him from fleeing or obstructing the course of investigation”. It also mentioned that witnesses had indicated that the applicant had beaten his mother. A copy of the arrest record is not available to the Court.", "9. On 19 November 2010 the Sokal Court¸ referring to Article 165-2 of the Code of Criminal Procedure, extended the applicant’s detention until 26 November 2010 on the ground that the police needed time to collect information about his personality and health condition. The court did not explain why the said information had not been collected between 16 and 19 November 2010.", "10. On 26 November 2010 the same court ordered the applicant’s detention on remand until 26 January 2011 on the grounds that he was charged with a serious offence and that, if at liberty, he might continue his criminal activities, abscond and obstruct justice. The court did not provide any further details in this respect.", "11. On 26 November 2010 the pre-trial investigation was completed and the case was sent to the Sokal Court for trial.", "12. On 24 December 2010 the Sokal Court held a preliminary hearing during which the applicant lodged a request for release. He argued that there was no evidence that he might hinder investigation or evade justice, that he had a permanent place of residence and poor health. On the same date the court rejected this request and ordered the applicant to remain in detention stating that there was no reason to change his preventive measure. The court did not fix a time-limit for the applicant’s continuing detention.", "13. On 17 March and 10 July 2011, respectively, the applicant lodged two more requests for release advancing the same arguments as in his previous request. In the request of 17 March 2011 he also argued that his wife had financial means to pay his bail. The Sokal Court rejected the request of 17 March 2011 on the day when it was lodged and the request of 10 July 2011 on 12 July 2011. The court stated, without providing further details or referring to concrete facts, that if at liberty the applicant could continue his criminal activities and abscond.", "14. According to the applicant, on 22 March 2011 the Lviv Regional Court of Appeal refused to consider his appeal against the decision of 17 March 2011. A copy of the court of appeal’s decision is not available to the Court.", "15. On 30 January 2012 the Sokal Court granted the applicant’s further request for release. He was released on the same day.", "16. As of 26 March 2014 the criminal case against the applicant remained pending before the Sokal Court. The parties did not inform the Court about any further developments." ]

[ "5" ]

[ 3 ]

[]

[ "5. The applicant was born in 1982 and lives in Eskilstuna, Sweden. She originates from Serbia and is a Serbian Orthodox Christian. In April 2007 she started a relationship with a Serbian man, B., who lived in Sweden, and in August 2007 they married in Serbia. Subsequently, the applicant was first granted a temporary residence permit in Sweden until December 2009 and then, in April 2010, she was granted a permanent residence permit. The applicant moved to Sweden in January 2008 and, on 25 July 2008, she and B. had a son, X.", "6. Due to a suspected infection, X remained in hospital for a week following his birth before he was discharged in good health. On 20 August 2008 the applicant and B. took X to hospital where it was revealed that he had bruises on his genitals. The family was allowed to return home after X had been examined. On the following day X’s condition worsened and he suffered from cramps. The applicant and B. again took him to hospital. X suffered extensive bleeding in the brain and a chief physician at the hospital suspected that he had been severely ill-treated. X was kept in hospital.", "7. On 25 August 2008, a physician filed a report on suspected child abuse with the social services and, on the same date, the Employment and Family Council (arbetsmarknads- och familjenämnden, hereafter the Social Council) in Eskilstuna decided, under section 6 of the Act with Special Provisions on the Care of Young Persons (Lagen med särskilda bestämmelser om vård av unga, 1990:52; hereafter the “1990 Act”), to take X into immediate compulsory public care on a provisional basis. The decision was executed on that same day.", "8. On 2 September 2008 the County Administrative Court (länsrätten) of the County of Södermanland confirmed the decision of the Social Council. It appears that the applicant did not appeal against this decision.", "9. Subsequently, the Social Council applied to the County Administrative Court for a care order in respect of X. The applicant and B., who were represented by legal counsel, opposed the measure while X’s legal representative agreed that it would be in the child’s best interest to be placed in compulsory public care.", "10. By judgment of 28 October 2008 the County Administrative Court, after having held an oral hearing, granted a care order in respect of X. The court noted that, according to a medical certificate submitted by a chief physician, X had bruises on his genitals, probably injuries from being squeezed. Bleeding in the brain and a red spot on the left side of the chest strongly suggested that X had been gripped tightly and violently shaken and suffered from “shaken baby syndrome”. X had severe brain injuries and would probably suffer lifelong mental and physical disabilities. The court found that X’s injuries had occurred while he had been in his parents’ care. Thus, in the court’s opinion, it did not matter who had actually caused the injuries but it sufficed to state that the parents had failed to protect X from being injured. The court concluded that the parents had shown a serious lack of ability to care for their son. The judgment had immediate effect.", "11. On 9 March 2009 the Administrative Court of Appeal (kammarrätten) in Stockholm upheld the lower court’s judgment. It held that neither the oral statements made before it, nor any other circumstances of the case, could alter the conclusions reached by the County Administrative Court.", "12. The applicant appealed to the Supreme Administrative Court (Högsta förvaltningsdomstolen) which, on 17 June 2009, refused leave to appeal.", "13. In the meantime, on 19 September 2008, X was transferred from the hospital to an evaluation and treatment home (utrednings- och behandlingshem) together with the applicant and B. The main responsibility of that home was to secure X’s protection. It also had the tasks of evaluating the parents’ ability to care for X, of providing the parents with such abilities if needed and of supporting the parents in their crisis situation. The staff at the home found, after the family had been there for eight weeks, that the applicant had shown good ability to satisfy X’s basic physical needs, take care of his practical needs and had been constantly present for him. However, she had shown considerable flaws in her emotional interaction with X and it was said, among other things, that she had not been able to separate her need for consolation and emotional care from X’s feelings and needs. Her attitude towards X was described as if she objectified him rather than regarded him as an individual in his own right, which in the report was described as highly worrying. It was further noted that she did not accept X’s injuries and that she did not talk at all about his future disabilities. As regards B., the staff at the home noted inter alia that he had been absent to a great extent due to his work commitments.", "14. In December 2008 a criminal investigation concerning suspected child abuse in respect of the applicant and B. was discontinued since it was impossible to prove that either of them had committed the abuse.", "15. In March 2009 X was placed in a family home (familjehem) consisting of a Swedish married couple.", "16. In September 2009 the applicant twice reported B. to the police, claiming he had threatened to kill her and her family.", "17. On 5 February 2010 the applicant requested the Social Council to terminate the public care. She insisted that she had never ill-treated X nor witnessed anyone else doing so. She had had no reason to suspect that X risked ill-treatment at home. Moreover, she submitted that she and B. had divorced and that, through an interim decision, she had been granted sole custody of X while B. had limited visiting rights. Furthermore, she had completed her studies in Swedish for immigrants and was planning to find work.", "18. The Social Council ordered an investigation into the family’s situation which was completed on 22 February 2010. The purpose was to investigate and analyse whether X should remain in public care. The social services spoke with the applicant and B., visited the family home and gathered relevant information for the case. Once finalised, the investigation report stated, inter alia, that according to a medical certificate issued by Professor O.F., a specialist on “shaken baby syndrome”, X was suffering from that syndrome. It was also stressed that X’s life had been in danger when he had been shaken, that he had suffered lasting brain injuries and would need care for the rest of his life. It was further noted that X had suffered injuries to his genitals. Moreover, it was stressed that it was the social services’ responsibility to ensure X’s safety and that, regardless of which parent had caused X’s injuries, the other parent had failed to protect him.", "19. On 25 March 2010 the Social Council rejected the applicant’s request to terminate the public care. In its decision the Social Council referred to the findings of the investigation report.", "20. The applicant appealed against the decision to the County Administrative Court and requested that the care order be terminated. She maintained that there was no need to keep X in public care as she was fully capable of caring for her own child. She further criticised the medical certificates that had been submitted in the case and contested the assumption that X suffered from “shaken baby syndrome”. Instead she claimed that X’s injuries had been caused by malpractice of personnel at the hospital where he had been treated. She further argued that X’s human rights were being violated since he was not allowed to speak his native language and practise his religion. She also complained about the proceedings before the Social Council, which she considered to be flawed.", "21. The Social Council contested the applicant’s claims, stressing that X’s life had been in danger and that he had suffered lasting brain injuries while in his parents’ care.", "22. On 28 May 2010 the County Administrative Court rejected the applicant’s request to obtain an opinion from the Legal Advisory Council of the National Board of Health and Welfare (Socialstyrelsens Rättsliga råd). According to the County Administrative Court, there was no reason to obtain such an opinion.", "23. Both parties submitted documentary evidence. The applicant submitted, inter alia, a medical certificate of her own, stating that X likely suffered from a severe brain injury, probably anoxic brain injury (injury to the brain due to a lack of oxygen).", "24. On 20 August 2010 the County Administrative Court held an oral hearing in the case, where the applicant insisted that she had not in any way ill-treated X. Nor had she seen that X had been harmed by B. or any other person. According to her, there was nothing to suggest any flaws in her parental abilities and she maintained that X’s injuries had been caused by malpractice at the hospital. The Social Council stated that it could not rule out the possibility that X had been ill-treated at home. It further stressed that the submitted medical certificates showed that someone had shaken X, causing him severe injuries. X’s legal representative agreed that it would be in his best interest to remain in public care.", "25. On 31 August 2010 the County Administrative Court rejected the appeal. Firstly, it found that there had been no flaws in the Social Council’s handling of the case which could affect the court’s assessment. The court then noted that the applicant had contested the physicians’ conclusions and, moreover, that she had submitted a medical certificate of her own. However, the court considered that the applicant’s reasoning in this regard was based on speculation and accusations which, in all essential parts, were unsubstantiated. It held that the medical certificate submitted by the applicant did not in any way contradict those previously submitted. Thus, nothing had emerged that would lead the court to reassess the circumstances that had led to the initial decision to take X into public care. Furthermore, the court found that the changes to the applicant’s life (the divorce and obtaining sole custody of X) were not sufficient to have a decisive effect on the outcome of the proceedings. It also stressed that it was important that X continue to bond with his family home parents. Furthermore, the court took into consideration that X had been subjected to severe ill-treatment while in his parents’ care and that the circumstances surrounding the incident had not been clarified. Thus, the compulsory public care order should remain in place.", "26. The applicant appealed to the Administrative Court of Appeal, maintaining her request for an opinion from the Legal Advisory Council. The applicant also reiterated her criticism of the conclusions given in the medical certificates and, again, questioned the assumption that X suffered from “shaken baby syndrome”. She further maintained that X’s injuries had been caused by malpractice at the hospital. The applicant also questioned the family home’s ability to care for her son.", "27. The Social Council and X’s legal representative both contested the applicant’s claims.", "28. On 3 November 2010 the Administrative Court of Appeal granted the applicant’s request for an opinion from the Legal Advisory Council. The opinion was submitted to the court on 18 January 2011. It referred to a certificate by the scientific advisor T.A., a physician specialised in medical radiology, which stated, inter alia, that X’s injuries had been caused by severe violence and that his injuries corresponded exactly to “shaken baby syndrome”. The injuries could not have been caused by illness or complications related to an illness nor through a minor accident such as a fall from a changing table or similar. The injuries could not have been a consequence of an injury during delivery either. Thus, T.A. wholly agreed with the assessments previously made by Professor O.F.", "29. On 18 March 2011 the Administrative Court of Appeal held an oral hearing where the applicant stated that she had started to question her earlier position that X’s injuries had not been caused by ill-treatment in their home. Although she had not actually witnessed anyone harming X, she said that the only person, apart from herself, who could have done so was B. On the day they had taken X to the hospital, B. had been in a bad temper. On that day B. had taken care of X while she had been in the bathroom preparing a bath for X, and from the bathroom she had heard X cry and had gone to see what was the matter. B. had then told her to leave the room and after she had done so the baby had become quiet and B. had left the apartment. Just shortly after this and while undressing X, she had noticed that something was wrong with him and that he was having trouble breathing. B. had threatened her and told her that she would be expelled from Sweden if she were to tell anyone what had happened. She also told the court that B. had often been irritated when X cried and that he had had a tendency to “explode”. The applicant further stated that her life was stable, she spoke Swedish, had an apartment and work, and she would do everything to ensure that X received the care and treatment he needed.", "30. The Social Council maintained that X would be exposed to danger if he were to be left in the applicant’s care. X’s legal representative contested the applicant’s claims and pointed out that, although it had not been clarified who had caused X’s injuries, it must be presumed that it was one of the parents. Although she found no reason to question that, with help, the applicant would be able to care for her son, she considered that he was in need of protection until it had been established who had caused his injuries.", "31. On 12 April 2011 the Administrative Court of Appeal upheld the lower court’s judgment. From the outset, it noted that the primary consideration was the best interests of the child. The court then observed that X needed extensive care and great responsibility was therefore placed on the custodian in terms of understanding X’s needs. Thus, the court considered it encouraging that the applicant had now accepted the conclusions in the medical certificate concerning X’s state of health and the cause of his injuries. In addition, the court considered that the applicant’s life situation had improved since the decision to take X into public care. Of decisive importance to the court was, however, whether X’s needs could be met by the applicant. In this context, the court noted that it had still not been clarified who had caused his injuries. The court further considered that, in the light of the applicant’s statement before the court, her previous behaviour was difficult to understand. Although the court acknowledged the applicant’s exposed situation at the time of X’s injuries, it nevertheless stressed that the conditions in the family had led to serious deficiencies in X’s care, causing him life-threatening injuries and lifelong disabilities. The court concluded that there was still a clear risk of impairment to X’s health and development if the public care were to be terminated.", "32. Upon further appeal by the applicant, the Supreme Administrative Court refused leave to appeal on 20 June 2011.", "33. On 29 September 2011, in proceedings regarding custody of X between the applicant and B., the District Court (tingsrätten) repealed its provisional decision of 22 October 2009 to grant sole custody of X to the applicant and decided that the parents should have joint custody. It appears that the applicant and B. had agreed that they needed to cooperate on questions relating to X’s future situation.", "34. On 12 December 2012 and on 10 July 2013 the Social Council decided that the public care should continue. As far as is known to the Court, the applicant did not appeal against these decisions.", "35. Following the granting of the public care order, the applicant’s contact rights to visit X were regularly examined by the domestic authorities. During X’s first three weeks in the family home, the applicant and B. visited him three times per week. Subsequently, the applicant and B. visited him once a week. During the visits, an interpreter and a support person were present.", "36. On 4 June 2009, the Social Council decided to reduce the parents’ contact rights to once every other month since the visits had had a clearly negative effect on X’s mental state. The applicant did not agree with the changes and appealed against the decision to the County Administrative Court. On 15 October 2009 the court dismissed the appeal. The applicant did not lodge a further appeal with the appellate courts. In January 2010 the contact rights were extended to one and a half hours once every month, as X was feeling better. However, on 22 July 2010 the Social Council decided again to reduce the parents’ contact rights to one hour every month, since X had been affected negatively during and after the visits.", "37. The applicant appealed against the decision, maintaining that she had not in any way ill-treated X and that she wanted to care for him. On 31 August 2010 the County Administrative Court, after having held an oral hearing, upheld the Council’s decision. The court observed that X had reacted negatively during the visits and held that, due to his great need of care and treatment for his disabilities, it was important for him to be in a stable and calm environment and be allowed to bond with his family home parents.", "38. The applicant appealed to the Administrative Court of Appeal which, after having held an oral hearing, rejected the appeal on 12 April 2011. The court noted that the Social Council intended to film the visits and subsequently, with the help of the Child and Youth Psychiatric Clinic (Barn- och ungdomspsykiatrin), analyse the results. Having regard to this, and the observations made by the Social Council during the visits, the court held that the contact restrictions should remain. The applicant did not appeal against the decision to the Supreme Administrative Court.", "39. In the meantime, in May 2010, the applicant requested that X be placed in another family home since she considered that the current family home couple did not care sufficiently well for her son. She also added that she considered it to be X’s right to be placed in a Serbian family. In September 2010, after having carried out an investigation, the Social Council rejected the request on the ground that it would not be in X’s best interest to be moved to another family home and that his needs were best met by remaining where he was. The applicant does not appear to have appealed against this decision to the administrative courts.", "40. On 26 October 2011 the Social Council decided that the applicant would be allowed to speak Serbian to X during the visits.", "41. Following the filming of the applicant and X during one hour, in a report dated 3 June 2012, the company, which had been assigned by the Social Council to carry out the filming and analysing the emotional interplay between the applicant and X, stated that the applicant had shown sensitivity towards X and that they had shown a genuinely good interplay. It was further noted that the applicant had the necessary abilities to support X in his future development. The report concluded that it was of great importance for X to be allowed to see his mother much more often. It was also recommended that the visits take place without the presence of the family home parents.", "42. On 12 June 2012, the contact rights of the applicant and B. were extended to one and a half hours once every month. It was also considered that the meetings functioned without a support person present. According to the Government, this arrangement was to remain in place until the end of 2013 and the applicant had not requested any changes to it. Moreover, a meeting between the applicant, the family home and the Social Council, scheduled for October 2013, was cancelled upon request by both the applicant and the family home, as they had already agreed on the remaining visits for that year. The Court has not been informed whether any subsequent changes to the time, form or frequency of the visits have taken place.", "43. At present the applicant is working as a kindergarten teacher." ]

[ "8" ]

[ 24 ]

[]

[ "6. The applicant was born in 1979 in the town of Osh, Kyrgyzstan, and lives in St Petersburg.", "7. The applicant is an ethnic Uzbek. In June 2010 ethnic violence erupted in the town of Osh, where the applicant lived at the material time, during which around 400 people were killed.", "8. On 15 July 2010 the applicant came to Russia, and has not returned to Kyrgyzstan since.", "9. On 9 April 2012 the police of the town of Osh charged the applicant in absentia with participation in the mass riots and several other offences.", "10. On 10 April 2012 the Osh Town Court issued an arrest warrant against the applicant, and on 20 April 2012 his name was put on the cross‑border wanted list.", "11. On 23 January 2013 the applicant was arrested in St Petersburg and remanded in custody two days later by a court order. His detention was extended several times.", "12. On 7 March 2014 the St Petersburg transport prosecutor noted the interim measure indicated by the Court and ordered the applicant’s release from detention under the personal guarantee of his lawyer.", "13. On 11 February 2013 the Kyrgyzstan Prosecutor General’s Office requested the applicant’s extradition for prosecution for participation in mass riots in June 2010, intentional infliction of grievous bodily injury and use of violence against a police officer, car-jacking, and intentional destruction of property.", "14. On 24 May 2013 the applicant’s lawyer submitted to the Prosecutor General of Russia a letter referring to reports of international organisations and the Court’s case-law evidencing that there was a high risk that the applicant would be subjected to inhuman treatment if he were extradited.", "15. On 24 July 2013 a deputy Prosecutor General of the Russian Federation granted the request of the Kyrgyzstan Prosecutor General’s Office for the applicant’s extradition. He held that there were no grounds in Russian or international law for refusing to extradite the applicant.", "16. The applicant appealed, maintaining that, as a member of the ethnic Uzbek community which was being persecuted and discriminated against, he ran a serious and real risk of being subjected to torture in detention.", "17. On 6 November 2013 the St Petersburg City Court rejected that appeal, finding as follows:\n“Taking into account the materials submitted, there are no grounds under Article 464 of the Criminal Procedure Code of Russia that exclude the possibility of extraditing an individual ...\nThe applicant’s argument that the extradition is unlawful because he has refugee proceedings pending is untenable, and the arguments about his possible persecution by the law-enforcement authorities of Kyrgyzstan because of his ethnic origin are unsubstantiated and do not constitute a ground to refuse the extradition. The information of [the Ministry for Foreign Affairs of Russia] according to which the examination of the criminal case against [the applicant] by the authorities of Kyrgyzstan might be biased, is conjecture and is not based on any proof ...\nThe Prosecutor General of Kyrgyzstan has provided assurances that, according to the standards of international law and the criminal law of Kyrgyzstan, [the applicant] would be afforded all means of defence, including legal assistance, would not be handed to a third country without the approval of the Russian Prosecutor General, or charged with and convicted of any offence committed before the extradition and for which he was not extradited. He would not be subjected to torture or to cruel, inhuman and degrading treatment or punishment ...\nFurthermore, the requesting party provided assurances that, after [the applicant’s] extradition to the Republic of Kyrgyzstan, Russian diplomats would be allowed to visit [the applicant] in remand prisons to ensure respect for his rights ...\nThe evidence submitted by the defence, according to which persecution of ethnic Uzbeks in connection with the events of 2010 continues in Kyrgyzstan, concerns isolated cases and cannot be regarded as evidence that [the applicant] will be subjected to cruel treatment, bearing in mind that he is accused of an offence which is not political in nature; there are currently measures put in place by the authorities of the Republic of Kyrgyzstan to remedy the violations of human rights disclosed by international organisations ... furthermore, the requesting party provided sufficient and real assurances that [the applicant’s] right to a fair trial would be respected and that he would not be subjected to ill-treatment. The general situation in the Republic of Kyrgyzstan was thoroughly analysed in the decision refusing [the applicant] refugee status by the St Petersburg Regional Office of the Federal Migration Service.”", "18. The applicant’s lawyers appealed against that decision, arguing that the first-instance court had failed to address their arguments concerning the risk that the applicant would be subjected to inhuman treatment if extradited.", "19. By its final decision of 25 February 2014 the Supreme Court of the Russian Federation, having endorsed the lower court’s reasoning, rejected the appeal.", "20. On 6 February 2013 the applicant asked the St Petersburg Regional Office of the Federal Migration Service to grant him refugee status. He pointed out that he feared returning to Kyrgyzstan, where he would face arbitrary prosecution and inhuman treatment.", "21. On 29 May 2013 the St Petersburg Regional Office of the Federal Migration Service refused the above request for lack of reasons which would justify the applicant’s allegations. In particular, it found that the latter had referred to the events of 2010 as a pretext to avoid criminal prosecution. The Regional Office further analysed the situation in Kyrgyzstan on the basis of several news items of mainly Kyrgyz and Russian newspapers and information agencies. Referring to these items, it stated that “... the situation in Kyrgyzstan had substantially changed, the inter-ethnic clashes had ceased, and the government was taking enhanced measures to protect citizens and to improve the social and economic situation in the country”.", "22. On 23 August 2013 the Federal Migration Service of the Russian Federation upheld this decision. The applicant complained before the Moscow Basmanniy District Court.", "23. On 3 December 2013 the Basmanniy District Court dismissed the complaint. It endorsed the findings of the migration authorities and noted that the applicant was not a member of any political, religious, military or non-governmental organisations. Neither had he been persecuted or threatened by the authorities. Therefore, there was neither a threat to the applicant’s life nor any medical indications indicating a need for urgent medical intervention.", "24. On 20 May 2014 the Moscow City Court upheld the decision of 3 December 2013 on appeal.", "25. On 20 September 2013 the applicant asked the St Petersburg Regional Office of the Federal Migration Service to provide him with temporary asylum in the Russian Federation.", "26. On 26 November 2013 his request was refused. According to the applicant, he was not informed of this decision.", "27. On 5 May 2014 the applicant lodged a new application for temporary asylum, which was dismissed on 1 August 2014.", "28. On 1 October 2014 the applicant’s lawyer lodged an appeal against the decision of 1 August 2014. However, the outcome of the appeal remains unknown." ]

[ "3" ]

[ 8, 10, 11, 12, 13, 14, 15 ]

[]

[ "5. The applicant was born in 1955 and lives in Baku.", "6. The applicant was nominated by the coalition of the Popular Front and Musavat parties to stand as a candidate in the parliamentary elections of 7 November 2010 and applied for registration as a candidate in the single‑mandate Saatli Electoral Constituency No. 62.", "7. As the Electoral Code required that each nomination as a candidate for parliamentary elections be supported by a minimum of 450 voters, on 5 October 2010 the applicant submitted to the Constituency Electoral Commission (“the ConEC”) fourteen signature sheets containing 675 voter signatures collected in support of his candidacy.", "8. Before the ConEC’s decision on the question of the applicant’s registration as a candidate, the accuracy of the signature sheets and other registration documents submitted by the applicant were to be first examined by a special working group (işçi qrupu) established by the ConEC. Although the applicant had requested to be present during the process of the examination by the working group, this took place without him.", "9. By a decision of 11 October 2010 the ConEC refused the applicant’s request for registration as a candidate. The ConEC found that, according to the opinion of the working group, a number of submitted supporting signatures were invalid, and that the remaining valid signatures numbered fewer than 450. In particular, 597 of the 675 signatures had been examined, and it was found that 257 of those signatures were invalid.", "10. The following reasons were given in the ConEC working group’s examination record dated 10 October 2010: (a) three signatures were “repeat signatures”; (b) seven signatures were invalid because there were uncertified corrections of them on the signature sheets; (c) twelve signatures were invalid owing to incorrect personal information provided concerning those voters; (d) one signature was invalid because it was on the wrong line; (e) 201 signatures were not authentic because they had been made repeatedly by the same individuals who had already signed the signature sheets; and (f) thirty-three signatures were invalid for “other” (unspecified) reasons.", "11. On 13 October 2010 the applicant lodged a complaint with the Central Electoral Commission (“the CEC”) against the ConEC decision to refuse registration. He complained, inter alia, of the following:\n(a) 257 signatures were deemed invalid on the basis of a mere visual examination, without any additional adequate investigation;\n(b) the members of the ConEC working group were not real experts. The head of the working group was a school gym teacher, while two other members were an employee of a statistics committee and an employee of the passports department of a local police office;\n(c) there was no explanation as to what constituted “other” reasons for declaring thirty-three of the signatures invalid;\n(d) contrary to the requirements of Article 59.3 of the Electoral Code, the applicant had not been invited to participate in the process of examination of the signature sheets by the ConEC working group, and thus had been deprived of the right to give the necessary explanations to the experts;\n(e) contrary to the requirements of Article 59.13 of the Electoral Code, he had not been provided with a copy of the results of the examination of the signature sheets at least twenty-four hours prior to the ConEC meeting to decide on the applicant’s registration;\n(f) the applicant’s presence at the ConEC meeting of 11 October 2010 had not been ensured.", "12. Enclosed with his complaint to the CEC, the applicant submitted written statements by over 400 voters whose signatures had been declared invalid, affirming the authenticity of their signatures. However, according to the applicant, those statements were not taken into consideration by the CEC.", "13. The CEC conducted another examination of the signature sheets using members of its own working group. The applicant was not invited to participate in this process. According to the working group’s findings, a total of 238 signatures were considered to be invalid. It appears that 233 of those were considered inauthentic because they had allegedly been made repeatedly by the same persons in the name of other persons, and the remaining five were found to be invalid owing to the voters’ incorrect personal information.", "14. The applicant was not invited to the CEC meeting dealing with his complaint against the ConEC decision of 11 October 2010.", "15. By a decision of 16 October 2010 the CEC dismissed the applicant’s complaint and upheld the ConEC decision of 11 October 2010. It found that, on the basis of the findings of the CEC’s own working group, 238 out of 675 signatures submitted by the applicant were invalid and that the remaining 437 valid signatures were below the minimum number required by law.", "16. The applicant was given copies of the CEC decision and the working group opinion on 17 October 2010.", "17. On 19 October 2010 the applicant lodged an appeal against the CEC decision with the Baku Court of Appeal. He reiterated his complaints made before the CEC concerning the ConEC decision and procedures. Moreover, he raised, inter alia, the following complaints:\n(a) contrary to the requirements of the electoral law, the CEC had failed to notify him of its meetings and to ensure his presence during the examination of the signature sheets and the examination of his complaint;\n(b) the CEC had ignored the written statements by over 400 voters confirming the authenticity of their signatures and had failed to take them into account; and\n(c) the CEC had failed to provide any reasoning and had not addressed any of the applicant’s arguments in its decision.", "18. By a judgment of 22 October 2010 the Baku Court of Appeal dismissed the applicant’s appeal. The court dismissed the applicant’s arguments as irrelevant or unsubstantiated, and found that there were no grounds for quashing the CEC’s decision.", "19. On 25 October 2010 the applicant lodged a further appeal with the Supreme Court, reiterating his previous complaints and arguing that the Baku Court of Appeal had not carried out a fair examination of the case and had delivered an unreasoned judgment.", "20. On 28 October 2010 the Supreme Court dismissed the applicant’s appeal as unsubstantiated, without examining his arguments in detail and finding no grounds for doubting the findings of the electoral commissions and the Court of Appeal.", "21. In addition to the applicant in the present case, at the material time the applicant’s representative Mr Intigam Aliyev was representing twenty‑seven other applicants in cases concerning the 2010 parliamentary elections and a number of applicants in other cases before the Court. Mr Aliyev has also lodged an application on his own behalf in a case relating to the 2010 elections (application no. 66684/12).", "22. In August 2014 the prosecution authorities launched an investigation into the activities of a number of NGOs, including the Legal Education Society, an NGO headed by Mr Aliyev.", "23. On 7 August 2014 the Nasimi District Court issued a search warrant authorising the search of Mr Aliyev’s office in the Legal Education Society and seizure of “legal, financial, accounting and banking documents, letters and contracts, reports on execution of grant contracts and tax documents relating to [the organisation’s] establishment, structure, functioning, membership registration, receipt of grants and other financial aid, and allocation of granted funds, as well as computers, disks, USB keys and other electronic devices storing relevant information ...”", "24. On 8 August 2014 Mr Intigam Aliyev was arrested after questioning by an investigator of the Prosecutor General’s Office in connection with the criminal proceedings instituted against him under Articles 192.2.2 (illegal entrepreneurship), 213.1 (large-scale tax evasion) and 308.2 (abuse of power) of the Criminal Code. On the same day, the Nasimi District Court ordered his detention pending trial. He remains in detention while the criminal proceedings against him are pending. The circumstances relating to Mr Aliyev’s arrest and detention are the subject of a separate application brought by him before the Court (application no. 68762/14).", "25. On 8 and 9 August 2014 the investigation authorities conducted a search of Mr Aliyev’s home and office pursuant to the Nasimi District Court’s search warrant of 7 August 2014, seizing, inter alia, a large number of documents from his office, including all the case files relating to the pending proceedings before the Court, which were in Mr Aliyev’s possession and which concerned over 100 applications in total. The file relating to the present case, which, it appears, included copies of all the documents and correspondence between the Court and the parties, was also seized in its entirety. No adequate inventory of the seized document files relating to the Court proceedings was made in the search and seizure records of 8 and 9 August 2014.", "26. On an unspecified date Mr Aliyev lodged a complaint with the Nasimi District Court, claiming that the search had been unlawful. He complained that the investigator had failed to register each seized document as required by the relevant law and had taken the documents without making an inventory. He further complained about the seizure of the documents and files relating to the ongoing court proceedings before the Court and the domestic courts.", "27. On 12 September 2014 the Nasimi District Court dismissed Mr Aliyev’s claim. It held that the searches had been conducted in accordance with the relevant law. As to the seizure of the documents relating to the cases pending before the Court and the domestic court, it found that they could not be returned to the applicant at this stage of the proceedings. Following an appeal, on 23 September 2014 the Baku Court of Appeal upheld the first-instance court’s decision of 12 September 2014.", "28. On 25 October 2014 the investigation authorities returned a number of the case files concerning the applications lodged before the Court, including the file relating to the present case, to Mr Aliyev’s lawyer. The investigator’s relevant decision specified that “since it has been established that among documents seized on 8 and 9 August 2014 there were files concerning applications by a number of individuals and organisations lodged with the European Court of Human Rights, which have no relation to the substance of the criminal proceedings [against Mr Intigam Aliyev], [those files] have been delivered to [Mr Aliyev’s lawyer] Mr Javad Javadov”." ]

[ "P1-3", "8", "34" ]

[]

[]

[ "5. The applicant was born in 1964 and lives in Baku. She is an Azerbaijani national of Tatar origin and has no relatives in Azerbaijan.", "6. The applicant was the owner of flat no. 51, with a surface area of 28.5 sq. m, situated on the first floor of building no. 58 on Fuzuli street, in Baku.", "7. The building where the applicant’s flat was located was built in 1908 and was classified as an architectural monument. It was registered on the list of “Historical and Cultural Immovable Property of Local Importance” established by a decision of 2 August 2001 of the Cabinet of Ministers of the Republic of Azerbaijan.", "8. On 24 September 2008 the Head of the Baku City Executive Authority (“the BCEA”) issued order no. 511 entitled “Concerning Construction of a New Park Complex, Relocation of Residential and Non‑Residential Accommodation from that Area” (Yeni park kompleksinin salınması, ərazidə yerləşən yaşayış və qeyri-yaşayış sahələrinin köçürülməsi haqqında) (“the order of 24 September 2008”). The order of 24 September 2008 reads:\n“The Baku City Executive Authority has in recent years taken the appropriate steps in the organisation of renovation projects, which comply with international standards, in the capital of the Republic of Azerbaijan within the framework of the economic development programmes carried out in the Republic, and in this connection, in accordance with the economic development of the city, renovation and reconstruction projects have been continuously carried out in areas which are for the communal use of inhabitants, such as municipal roads, streets and squares, parks and avenues, as well as residential areas.\nIn accordance with an instruction from the President of the Republic of Azerbaijan, the task of demolishing the buildings located behind Heydar Aliyev Palace (the area bounded by Fuzuli, Samed Vurgun, Shamsi Badalbeyli and Tobchubashov streets) and constructing a new garden-park complex in that area was assigned to the Baku City Executive Authority and it was decided that the compensation due in respect of residential and non-residential premises situated in that area would be paid by the State Oil Company of the Republic of Azerbaijan.\nIt should be emphasised that, as current legislation has not so far provided rules concerning evaluation in connection with the relocation of dwellings situated in a demolition area and purchased for State needs, there are difficulties in relation to the relocation of the population residing in such dwellings. Moreover, when such relocation is carried out by State bodies, the population overestimates the value of their homes, offering them for a price several times higher than their market value, resulting in additional expense. For these reasons, it was decided that a natural person, namely Kazimov Rufan Habil oglu, would be contracted to conduct negotiations with the people residing at the above-mentioned addresses and carry out their relocation.\nIn this connection, on the basis of a letter from the Baku City Executive Authority, the State Oil Company of the Republic of Azerbaijan transferred 5 (five) million manats to the bank account of natural person Kazimov Rufan Habil oglu for the purpose of executing the aforementioned tasks, and this amount was duly spent.\nIn the next phase, the State Oil Company did not consider it appropriate to transfer the remaining part of the amount directly to the bank account of a natural person and instead proposed to transfer it to the Baku City Executive Authority’s bank account.\nIn this connection, the Baku City Executive Authority addressed a letter dated 17.09.2008, no. 7-363/4g, to the Ministry of Finance of the Republic of Azerbaijan and, by a letter of 18.09.2008, no. 04/02/03-333-5099, the Ministry confirmed that it did not object to the carrying out of the above-mentioned operations.\nTaking into consideration the aforementioned and the corresponding instruction issued by the honourable President, 1. As the construction of a park was planned in the area located behind Heydar Aliyev Palace (the area bounded by Fuzuli, Samed Vurgun, Shamsi Badalbeyli and Tobchubashov streets), the relocation of residential and non-residential areas located on that territory should be ensured by compensating them in accordance with the requirements of the legislation. 2. The negotiations with the owners of residential and non-residential facilities located in that area and their relocation in exchange for compensation should be conducted by natural person Kazimov Rufan Habil oglu on the basis of the contract concluded between the parties and, following the end of these operations, the Baku City Executive Authority should be provided with the corresponding documents. 3. The accountancy service of the Baku City Executive Authority’s Administration should ensure the transfer to the bank account of R.H. Kazimov, a natural person, of the amount paid to the Baku City Executive Authority’s bank account by the State Oil Company of the Republic of Azerbaijan in connection with the aforementioned relocation. 4. The Head of the Baku City Executive Authority’s Administration, B. Farajbayli, should be designated responsible for the supervision of the execution of the order.”", "9. At the beginning of 2010 the Baku City Executive Authority (BCEA) began to construct fences around the building in which the applicant resided. The BCEA’s employees verbally instructed the residents to leave their homes in exchange for compensation of 1,500 Azerbaijani manats (AZN) per sq. m of their property.", "10. In February 2010, at the request of the BCEA, various commercial companies occupying the ground floor of the building were evicted. The applicant’s neighbours faced the same situation and many of them gave in to the BCEA’s pressure. In particular, residents occupying the flats situated on the top floor of the building left their homes. Following their departure, the BCEA’s employees destroyed these flats and the roof of the building. As a result, rainwater began to enter into the building, making living conditions impossible for the applicant.", "11. In support of her version of the events, the applicant submitted several video recordings. It is apparent from the video recordings that the building in question was surrounded by fences and workers were demolishing the building’s roof. It is also clear from the video recordings that the premises and flats located on the ground and top floors of the building, as well as other buildings next to the latter building, had already been demolished. In support of her claim, the applicant also submitted photographs which corroborate the video recordings.", "12. In March 2010 a high-ranking official of the BCEA, Z.I., asked the applicant and other remaining residents of the building to leave their flats and tried to impose a one-week deadline for vacating them. The BCEA did not ask the residents to conclude a contract of sale with it, but instead with a third party named Rufan Kazimov. This person, who had no official role within the BCEA, acted as the purchaser in all the contracts of sale concluded with the residents of the area.", "13. From the beginning of April 2010, telephone lines to the building were cut off for a period of two months and power cuts became usual. The building’s water pump disappeared. In the view of the applicant, all these actions were taken by the BCEA in order to force her and other residents to vacate their flats.", "14. Following the applicant’s complaints to various domestic authorities about the unlawful actions of the BCEA’s employees, the executive authorities informed the applicant, by a letter dated 7 July 2010 and signed by the Head of the BCEA’s Administration, that a new park was to be constructed in that area and that she would be compensated in the amount of AZN 1,500 per sq. m of her property. The letter reads:\n“Your complaint, forwarded from the General Prosecutor’s Office of the Republic of Azerbaijan to the Baku City Executive Authority, was examined.\nYou are hereby informed that it has been decided, in accordance with “the General Development Plan of Baku City” (Bakı Şəhərinin İnkişafının Baş Planı) approved by decision no. 182 of the Soviet of Ministers of the Republic of Azerbaijan on 18 May 1987 and decision no. 9/340 of the Executive Committee of the Soviet of People’s Deputies of 30 August 1989, to demolish the buildings situated in the area behind Heydar Aliyev Palace (the area bounded by Fuzuli, Samed Vurgun, Shamsi Badalbeyli and Tobchubashov streets) and to construct a garden-park complex there.\nIn accordance with an instruction from the President of the Republic of Azerbaijan, the task of demolishing the buildings located in that area and the construction of a modern garden-park complex has been assigned to the Baku City Executive Authority.\nThe eviction of the area and the payment of compensation are to be carried out in accordance with the Head of the Baku City Executive Authority’s order no. 511 of 24 September 2008 and it has been decided to pay compensation of AZN 1,500 per sq. m of residential and non-residential accommodation located in that area.”", "15. The applicant refused to leave her flat in these circumstances.", "16. The Government did not submit any comment in respect of the applicant’s submissions.", "17. At around 9 a.m. on 19 November 2010 the applicant’s building was surrounded by the BCEA’s employees and police officers.", "18. At 9.11 a.m. there was a knock on the door of the applicant’s flat. When the applicant looked through the peephole, she saw about ten individuals including police officers and other employees. They ordered her to open the door. The applicant refused to do so, saying that there was no court order for her eviction.", "19. Following the applicant’s refusal, they broke down the door and entered the flat against the applicant’s will. The applicant asked them to leave her flat immediately, however they refused to do so.", "20. According to the applicant, at around 9.30 a.m. she called an ambulance because she did not feel well. The ambulance arrived quickly, but the police did not allow the doctor to enter the flat.", "21. When the applicant’s condition worsened, she was taken outside by a police officer and the doctor was able to treat her in front of the building.", "22. In support of her version of the events, the applicant submitted video recordings showing the circumstances of her eviction from the flat. It is apparent from the video recordings that people were breaking down the door of the applicant’s flat since the applicant refused to open it, saying that the case was still pending before the court. The next footage shows a group of the BCEA’s employees and police officers in uniform who walked into the flat and took the applicant’s belongings and furniture while she was still present in the flat, lying on a sofa. It is also apparent from the video recordings that the applicant did not feel well and asked the police officers and the BCEA’s employees to call the doctor who was outside the building at that time.", "23. At 10 a.m. the applicant was taken to Nasimi District Police Station No. 22, where she was detained in a room with other residents of the building. At the police station, she felt unwell and an ambulance was called again. She was examined by a doctor and a relevant medical certificate was issued in this respect. It is recorded on the medical certificate that the ambulance arrived at the police station at 10.45 a.m. and provided the applicant with medical assistance at the police station.", "24. At 6.30 p.m. a police officer asked the applicant and other residents to make statements indicating that they had been taken to the police station because they had created a disturbance. However, they refused to do so.", "25. The police officer then asked them to sign a statement confirming that they had refused to write any statement. The applicant refused to do so.", "26. At 7.10 p.m. the applicant was released from the police station. She was not provided with any document concerning her detention by the police.", "27. Following her release, the applicant returned to her flat which, by this time, had been wrecked by the BCEA’s employees. She was informed by Z.I., the official of the BCEA, that her belongings and furniture had been removed from the flat and taken to a warehouse. After her arrival at the warehouse, the applicant discovered that many of her belongings and furniture had been damaged and that some of them had disappeared.", "28. On 22 November 2010 the building was completely demolished by the BCEA.", "29. On 19 November 2010 the applicant and a group of people were taken to the police station because they had organised an unauthorised demonstration protesting against their relocation. As they refused to abandon the gathering despite a police warning, the police took the applicant and other attendees to the police station at 11.10 a.m. and they were released at 1.50 p.m. following discussions with them. The police did not draw up a record of detention in respect of the applicant because she had not been detained in an administrative sense.", "30. In support of their version of the events, the Government submitted a report (raport), dated 19 November 2010, stating that eight individuals, including the applicant, had been taken to Nasimi District Police Station No. 22 because they had tried to organise an unlawful gathering. This report was addressed to the Head of Nasimi District Police Station No. 22 and was signed by three police officers. The relevant part of the report reads:\n“I am writing to inform you that at around 11 a.m. on 19 November 2010, on the basis of an instruction from the police administration that several individuals who had been holding an unlawful demonstration on Fuzuli street were to be taken to Police Station No. 22, we took them to this police station, where it was established that the identity of these individuals was as follows:\n...\nWe ask you to order to take legal steps in respect of these individuals.”", "31. The Government also submitted an administrative offence record drawn up on 19 November 2010 according to which the applicant had been warned under Article 298 of the Code of Administrative Offences concerning violation of the rule regulating the organisation and holding of gatherings. The exact time when the record was drawn up was not indicated and the record was not signed by the applicant.", "32. The Government also submitted an extract from the “registration log of materials relating to administrative offences” (inzibati xətalara dair materialların qeydiyyat kitabı). According to the extract, the applicant was taken to the police station at 11.10 a.m. as a result of “an attempt to hold an unlawful demonstration” (qanunsuz piketə cəhd) and was released at 1.50 p.m.", "33. On 22 November 2010 the applicant lodged a criminal complaint with the court alleging the unlawful deprivation of her liberty by the police. She submitted the same factual information as that submitted to the Court (see paragraphs 17-27 above), claiming that on 19 November 2010 she had been unlawfully detained at Nasimi District Police Station No. 22 from 10 a.m. to 7.10 p.m. In this connection she submitted that she had been detained by the police to enable her forcible eviction from her flat to be organised. She further complained that her right to respect for her home had been violated because the police had unlawfully entered her flat.", "34. In the course of the proceedings before the first-instance court, on 30 November 2010 the Head of Nasimi District Police Station No. 22 submitted a letter concerning the events of 19 November 2010 to the court. The letter, which was addressed to the President of the Nasimi District Court, reads:\n“Further to your letter of 23 November 2010 no. 6(006)-40/2010, you are hereby informed that at 11 a.m. on 19 November 2010 citizen Khalikova Nuriya Abazovna and another eight individuals, ... , were taken to Nasimi District Police Station no. 22 by police officers in accordance with the instruction issued by the Nasimi District Police administration, since they had tried to hold an unlawful demonstration in front of building no. 58 on Fuzuli street. “Prophylactic conversations” (profilaktik söhbətlər) were held with them, reports were drawn up in respect of them under Article 298 of the Code of Administrative Offences and they were released, as provided for by the law, following a period not exceeding three hours.”", "35. It is apparent from the transcript of the hearing held on 10 December 2010 that two witnesses, F.G. and L.A., testified at the hearing in support of the applicant’s submissions. In particular, they stated that the applicant was taken to the police station at 10 a.m. and that they had been released at around 8 p.m. They further submitted that the police officers and other employees had unlawfully entered their flat by breaking down the door and that they had been detained by the police so that their forcible eviction from their flat could be effected.", "36. The representative of Nasimi District Police Station No. 22, the police officer E.N., was also heard at the same hearing. He stated before the court that the applicant had not been ill-treated during her stay at the police station and that he had personally called an ambulance when she felt unwell. The applicant was then provided with medical assistance by a doctor at the police station. He further stated that initially he had not known why the applicant and the other people had been at the police station and had learnt later that they had been taken there because they had participated in an unlawful demonstration.", "37. It is also apparent from the transcript of the hearing that – in support of her claim that she had been taken to the police station at 10 a.m. – the applicant submitted a copy of the medical certificate of 19 November 2010 confirming that an ambulance had arrived at the police station at 10.45 a.m. and had provided her with medical assistance. The applicant also submitted the video recordings showing how the police had broken down the door of her flat and entered it, and how her belongings and furniture had then been taken away by the BCEA’s employees in the presence of the police officers. During the examination of the video recordings at the hearing, it was established that the video recordings had been filmed on the applicant’s mobile phone camera between 9.11 a.m. and 9.45 a.m. on 19 November 2010 and their authenticity was confirmed.", "38. On 20 December 2010 the Nasimi District Court dismissed the applicant’s claim. The court relied on the letter of 30 November 2010 submitted by the Head of Nasimi District Police Station No. 22 and the administrative offence record of 19 November 2010, according to which the applicant had received a warning from the police on account of holding an unlawful demonstration. The court also held that there was no criminal element in that case and that the applicant could appeal against her administrative conviction by the police. The court made no mention of the evidence submitted by the applicant in support of her claim, such as the video recordings and the medical certificate. The court was also silent as to the legality of the police intrusion into the applicant’s flat. As to the witness statements from F.G. and L.A., the court contented itself with holding that the witnesses had not stated that they had been ill-treated at the police station during their detention, without considering their submissions that the applicant had been taken to the police station at 10 a.m. and released at around 8 p.m. and that the police had unlawfully entered their flat in order to carry out a forcible eviction. The relevant part of the decision reads:\n“The court, having examined the parties’ explanations and the documents submitted to it, considers that the complaint should not be granted.\nIn fact, it is stated in letter no. 9/13-22-4019 dated 30.11.2010, which was submitted to the court, that at 11 a.m. on 19 November 2010 citizen Khalikova Nuriya Abazovna and other eight individuals, ... , were taken to Nasimi District Police Station no. 22 by police officers in accordance with the instruction issued by the Nasimi District Police administration as they tried to hold an unlawful demonstration in front of building no. 58 on Fuzuli street. Prophylactic conversations were held with them, reports were drawn up in respect of them under Article 298 of the Code of Administrative Offences and they were released, as provided for by the law, following a period not exceeding three hours.\nThe report dated 19 November 2010 submitted at the court hearing by police major E.N. from Nasimi District Police Station no. 22 states that police officers ... drew up this report, addressed to M.M., the Head of Nasimi District Police Station No. 22, indicating that the applicant, Khalikova Nuriya, and the other individuals indicated in the report were taken to Police Station no. 22 at the request of the administration because they had held a gathering at 58 Fuzuli Street. The report included a request for an order to take legal steps in respect of these individuals.\n...\nAdministrative offence record no. 943 drawn up on 19 November 2010 in respect of Khalikova Nuriya, which was submitted to the court, states that N. Khalikova was found guilty under Article 298 of the Code of Administrative Offences for unlawfully demonstrating at 58 Fuzuli Street and a warning was issued to her as an administrative punishment. N. Khalikova refused to sign the record or to give any explanation. F.G. and L.A., who were questioned at the court hearing in the capacity of witnesses, stated that when they were taken to the police station and during their stay there they had not witnessed any acts of ill-treatment or any other unlawful action against the applicant. On the contrary, when they were on the second floor of the police station, they and other individuals present there were well-treated by the police officers and, when N. Khalikova felt unwell, the police officers had called an ambulance. These facts were also confirmed by the applicant.\nTaking into consideration the aforesaid, the court considers that the facts described in the present complaint do not provide grounds for a criminal prosecution. For this reason, the complaint should not be examined in accordance with the provisions of the Code of Criminal Procedure of the Republic of Azerbaijan.\nIn fact, it was established during the court examination that the applicant had been invited to attend Nasimi District Police Station No. 22 of Baku City in connection with the allegation that she had committed an administrative offence.”", "39. The applicant appealed against this decision, reiterating that she had been unlawfully detained by the police and that the police had unlawfully entered her flat by breaking down the door. She pointed out that her claim was supported by witness testimonies, video recordings and a medical certificate. In this connection, she pointed out that she had neither organised nor participated in any demonstration on 19 November 2010. She further submitted that, in any event, she could not have participated in such a gathering held at 11 a.m., as alleged by the police, because she had been taken to the police station at 10 a.m. and this fact was supported by the medical certificate which established that the ambulance arrived at the police station at 10.45 a.m. to give her first aid. Lastly, she submitted that it was clear from the video recordings that the police officers and the BCEA’s employees had unlawfully entered her flat.", "40. On 13 January 2011 the Baku Court of Appeal dismissed the appeal without addressing the applicant’s particular arguments.", "41. The applicant received the appellate court’s decision on 29 January 2011.", "42. Prior to the physical demolition of her flat, on 14 April 2010 the applicant brought an action against the BCEA, the Nasimi District Executive Authority (“the NDEA”) and the Nasimi District Police Office (“the NDPO”) claiming violation of her property rights. She claimed, in particular, that the actions of the BCEA’s employees seeking to evict her and other residents from their flats had been unlawful and asked the court to eliminate the obstacles preventing her from enjoying her ownership rights. She maintained that the construction of the fences around her flat by the BCEA and the demolition of the buildings located in the neighbourhood had been unlawful and asked the court to declare unlawful the BCEA’s orders of 30 August 1989 and 24 September 2008 providing her relocation and the construction of a park in that area. She submitted in this connection that the BCEA was not entitled under domestic law to make decisions on expropriation and that the Cabinet of Ministers of the Republic of Azerbaijan had not taken any expropriation decision in respect of the building where she resided, as required by the domestic law where such expropriation was to be carried out. She further argued that, as the building in question was classified as an architectural monument, it should be protected by the State and could not be demolished.", "43. On 22 April 2010 the Nasimi District Court refused to admit the claim. The court held that the applicant had failed to submit either original or notarised copies of the documents in support of her claim.", "44. On 27 May 2010 the Baku Court of Appeal quashed the first‑instance court’s decision and remitted the case to the first-instance court for examination.", "45. In the proceedings before the first-instance court, the hearings were postponed several times due to the absence of the BCEA’s representative.", "46. At the hearing held on 2 September 2010 the representative of the BCEA lodged an objection disputing the territorial competence of the Nasimi District Court. The judge dismissed the objection. The BCEA appealed against the court’s dismissal decision.", "47. On 11 October 2010 the Baku Court of Appeal dismissed the BCEA’s appeal.", "48. On 4 November 2010 the Nasimi District Court scheduled a hearing on the merits for 22 November 2010.", "49. On 13 November 2010 the BCEA lodged an action with the Nasimi District Court against nineteen residents of the area, including the applicant. The BCEA asked the court to order the residents’ eviction from their flats, the cancellation of their ownership rights and the demolition of the buildings located in that area. By way of legal basis for the claim, the BCEA relied on the instructions of the President of the Republic and the order of 24 September 2008.", "50. Following the events of 19 November 2010 and the physical demolition of the building on 22 November 2010, the applicant lodged an additional claim for AZN 508,038 in respect of pecuniary damage and AZN 100,000 for non-pecuniary damage for demolition of her flat.", "51. On an unspecified date the applicant lodged a request with the court seeking suspension of the examination of the BCEA’s claim until the end of the civil proceedings instituted by her against the BCEA. On 30 November 2010 the Nasimi District Court dismissed the applicant’s request. On the same day the Nasimi District Court decided to join the two proceedings and examine them together.", "52. The applicant appealed against this decision. On 28 December 2010 the Baku Court of Appeal dismissed the applicant’s appeal.", "53. In the meantime, on an unspecified date, the applicant submitted to the court additional documents in support of her claims in respect of pecuniary and non-pecuniary damage. In particular, she submitted an expert report dated 29 December 2010 from a private company stating that the market value of her flat was AZN 71,000, since the market price of a similar flat located in the same area as the applicant’s flat was AZN 2,500 per sq. m. She also submitted a document dated 21 December 2010 from the Women’s Crisis Centre. The document indicated that on 24 November 2010 the applicant had applied to the centre suffering from insomnia, loss of appetite and psychological post-traumatic stress.", "54. On 12 January 2011 the Nasimi District Court delivered its judgment on the merits. The court dismissed the applicant’s claim noting that, as the building in question had been demolished, restitution of the property was not possible. The court further held that the main dispute between the applicant and the BCEA concerned the amount of the proposed compensation and that the applicant could lodge a separate lawsuit on this issue. However, the first-instance court’s judgment was silent as to the specific complaints raised by the applicant in her lawsuit. In particular, the court did not address the lawfulness of the BCEA’s actions, or of the building’s demolition or of the applicant’s eviction from her flat. The relevant part of the judgment reads:\n“It is apparent from the Baku City Executive Authority’s order of 24 September 2008 headed “Concerning Construction of a New Park Complex, Relocation of Residential and Non-Residential Accommodation from that Area” that it was decided that as the construction of a park was planned in the area located behind Heydar Aliyev Palace (the area bounded by Fuzuli, Samed Vurgun, Shamsi Badalbeyli and Tobchubashov streets), residential and non-residential properties located in that area should be relocated and compensation paid in accordance with the legal requirements. Furthermore, the negotiations with the owners of residential and non-residential properties located in that area and their relocation in exchange for compensation were to be conducted by Kazimov Rufan Habil oglu, a natural person, on the basis of a contract concluded between the parties, and following the end of these operations the Baku City Executive Authority should be provided with all documents relating to the operation.\nIt is stated in the Baku City Executive Authority’s letter of 7 April 2010, no. kl/112/10, addressed to the applicant that, it being planned to demolish buildings situated in the area between Fuzuli (former Basin) and S. Badalbayli (former Dmitrov) Streets, from Fuzuli Square to S. Vurgun Street in accordance with the General Development Plan of Baku City approved by decision no. 9/340 of the Baku City Executive Committee of the Soviet of People’s Deputies of 30 August 1989, this area is to be demolished and a new garden-park complex constructed there. As the area in question is to be included in the garden-park complex, it was decided to pay compensation of AZN 1,500 per sq. m for residential and non-residential properties located in that area, in accordance with market value.\nThe valuation report of 29 December 2010, no. MB 03/719, by “MBA-Marketing Business Analysis” consulting and valuation company states that the market value of flat no. 51 located at 58 Fuzuli Street in the Nasimi District in Baku was AZN 71,000 for 29 December 2010, namely AZN 2,500 per sq. m.\n...\nIt was established during the court’s examination that flat no. 51 located at 58 Fuzuli Street in the Nasimi District in Baku, owned by the applicant as her private property, had been demolished by the respondent and it is therefore impossible to restore it to its previous condition. For this reason, the applicant’s claims in this respect could not be granted.\nThe Court considers on the basis of the aforementioned that the claim of the applicant Khalikova Nuriya Abazovna against the Baku City Executive Authority and others concerning “prevention of interference with her property rights, payment of pecuniary and non-pecuniary damage” should not be granted and it should be explained to the applicant Khalikova Nuriya Abazovna that she has the right to bring an action before a court with regard to the amount of compensation proposed by the respondent parties.”", "55. On 11 February 2011 the applicant appealed against the first‑instance court’s judgment. She complained, in particular, that the court had failed to examine her complaint concerning the unlawful demolition of her flat by the BCEA and the violation of her property rights.", "56. On 2 June 2011 the Baku Court of Appeal upheld the judgment of 12 January 2011, reiterating the first-instance court’s findings. The appellate court’s judgment was almost identical in its wording to the first-instance court’s judgment of 12 January 2011.", "57. On 1 October 2011 the applicant lodged a cassation appeal against this judgment. She relied on Articles 6 and 8 of the Convention and Article 1 of Protocol No. 1 to the Convention, complaining that she had been unlawfully deprived of her property, that her right to respect for private and family life and home had been violated and that the domestic courts had failed to deliver a reasoned judgment.", "58. On 13 December 2011 the Supreme Court upheld the Court of Appeal’s judgment.", "59. In the meantime, on 1 June 2010, prior to the physical demolition of her flat, the applicant lodged another action against the BCEA, the NDEA and the NDPO claiming that the destruction of the roof of the building and the flats situated on the top floor had made her flat unfit for human habitation. She asked the court to order the respondents to repair the building and restore it to the condition it had been on 31 December 2009.", "60. On 8 June 2010 the Nasimi District Court refused to admit her claim, finding that a claim against the BCEA should be lodged with the Sabail District Court.", "61. On 6 July 2010 the applicant lodged another action against the BCEA, the NDEA and the NDPO. The applicant reiterated her previous complaints. She also asked the court to provide her with a copy of the contract, if any, concluded between the BCEA and Rufan Kazimov concerning the purchase of the buildings situated in the area in question. The applicant also complained about unlawful actions of the BCEA’s employees, alleging that they had cut both the power cable to her air‑conditioning unit and the water supply pipe, in order to force her to leave the flat.", "62. On 19 July 2010 the Nasimi District Court refused to admit her claim, holding that a claim against the BCEA should be lodged with the Sabail District Court.", "63. On 27 July 2010 the applicant appealed against the decision of 19 July 2010.", "64. On 26 August 2010 the Baku Court of Appeal quashed the impugned decision and remitted the case to the first-instance court for examination. The court held that the applicant’s action should be examined by the Nasimi District Court.", "65. On 27 January 2011, more than two months after the demolition of her home, the applicant concluded a contract of sale with Rufan Kazimov. In accordance with the contract the applicant sold her flat of 28.5 sq. m, which no longer physically existed at the time when the contract was concluded, to Rufan Kazimov for the amount of AZN 42,750, in other words AZN 1,500 per sq. m.", "66. On 20 February 2011 the applicant lodged claims in addition to her previous lawsuit. She asked the court to declare unlawful the contract of sale concluded between her and Rufan Kazimov because it had been concluded under pressure. She submitted in this connection that she had been forced to conclude the contract because she had become homeless following the demolition of her flat and had not had any choice.", "67. On 21 April 2011 the Nasimi District Court delivered its judgment on the merits. The court dismissed the applicant’s claim, holding that the contract had been concluded in accordance with the relevant law within the framework of relocating the residents of the area where the construction of the park was planned. The court further held that the applicant had failed to prove that her rights had been violated by the BCEA.", "68. On 20 May 2011 the applicant appealed against this judgment, reiterating her previous complaints.", "69. On 11 August 2011 the Baku Court of Appeal upheld the first‑instance court’s judgment.", "70. On 19 December 2011 the Supreme Court upheld the Baku Court of Appeal’s judgment." ]

[ "5", "P1-1", "8" ]

[ 17, 25, 26, 27, 29, 30, 32, 33, 34, 35 ]

[]

[ "5. The applicant was born in 1981. According to the most recently available information, in January 2014 the applicant was released from detention having served his sentence. He did not inform the Court of his current whereabouts.", "6. According to the available medical documents, the applicant has been using drugs since 1996. In 1997 the applicant was diagnosed with hepatitis C and hepatic cirrhosis. The applicant has been HIV-positive since 2008. In 2008 he also had tuberculosis.", "7. In March 2010 the applicant was taken into custody and placed in the Kyiv Pre-Trial Detention Centre (Київський слідчий ізолятор) (“the SIZO”). On 13 July 2010 the Obolonskyy District Court, Kyiv, sentenced the applicant to five years’ imprisonment for drug-related offences and theft. On 4 September 2010 the applicant was transferred to serve his sentence in the Bilotserkivska Correctional Colony No. 35. In May 2011 the applicant was diagnosed HIV-positive at clinical stage 4. On 24 May 2011 the applicant’s CD4+ cell count was 687 (16.3%). On 7 July 2011 the Irpinskyy Town Court released him from serving the remainder of his sentence in view of his poor state of health.", "8. On 25 July 2011 the applicant was registered for regular medical checks at the Kyiv City Aids Centre.", "9. On 1 February 2012 the Dniprovskyy District Court sentenced the applicant to four years’ imprisonment for theft.", "10. On 2 February 2012 the applicant was placed in the Kyiv SIZO. On arrival the applicant was examined by medical staff and had two chest X‑rays. It was recommended that the applicant consult a tuberculosis specialist.", "11. On 8 February 2012 the applicant was examined by a tuberculosis specialist and diagnosed with post-tuberculosis residual changes in the right lung.", "12. On 16 or 20 March 2012 (relevant documents contain both dates) the applicant was placed in the SIZO medical ward. He stayed there until 18 February 2013 with the following diagnoses: acute haemorrhoidal bleeding, haemorrhoids, chronic multiple drug use, HIV at clinical stage 3, oropharyngeal candidiasis, chronic secondary candidiasis, acute enterocolitis, chronic hepatitis, residual post-tuberculosis changes, liver cell failure, and other conditions. The applicant was prescribed various medication.", "13. According to the Government, the applicant was examined by doctors in the SIZO medical ward on numerous occasions. In particular, on 22 March 2012 the applicant was examined by a surgeon and was examined by a general practitioner on the following dates: on 11, 16, 21 and 25 May 2012 with complaints of fever and weakness; on 18 and 22 June 2012 with complaints of fever and weakness; on 16 July 2012 with complaints of coughing with sputum, sweating, general weakness and fever; on 1, 3, 10, 15, 23 and 28 August 2012; on 4 and 10 September 2012; on 4, 10, 15, 22 and 29 October 2012; on 5, 9, 16, 23 and 29 November 2012; and on 5, 11, 18, 24 and 27 December 2012.\nOn the majority of those occasions it was decided to continue the prescribed treatment.", "14. In addition to the above consultations, between March 2012 and 18 February 2013 the applicant received the following medical care: on 10 April 2012 the applicant had a chest X-ray and it was recommended that he see a tuberculosis specialist. Subsequently the applicant was examined and diagnosed with post-tuberculosis residual changes in the right lung. On 13 July 2012 he had another consultation with a tuberculosis specialist; on 24 October 2012 the applicant was examined by an infection diseases specialist and diagnosed, inter alia, with HIV at clinical stage 4. It was also suspected that the applicant had had a tuberculosis relapse, so an additional X-ray was recommended; on 7 November 2012 the applicant had an X-ray. On 14 November 2012 a tuberculosis specialist examined the applicant and concluded that there were no signs of active tuberculosis.", "15. Between 18 April and 20 December 2012, according to the test results, the applicant’s CD4+ cell count dropped from 762 (18.4%) to 467 (14.3%).", "16. Meanwhile, on 23 July 2012 the Kyiv City Court of Appeal quashed the decision of 1 February 2012 in the applicant’s criminal case and remitted the case for a fresh court examination. On 3 September 2012 the Dniprovskyy District Court, Kyiv, found the applicant guilty of drug-related offences and theft, and sentenced him to two years’ imprisonment.", "17. On 14 January 2013 the applicant was examined in the Kyiv City Diagnostic Centre. Two days later the applicant was examined by a tuberculosis specialist and diagnosed with tuberculosis. The applicant was prescribed anti-tuberculosis treatment.", "18. On 23 January 2013 the applicant’s CD4+ cell count was 314.", "19. On 25 and 30 January and 4 February 2013 the applicant was examined by a general practitioner. The prescribed treatment was continued.", "20. On 5 February 2013 the applicant requested under Rule 39 of the Rules of Court that the respondent Government be asked to secure an appropriate medical examination and treatment for him which, according to the applicant, was impossible in the Kyiv SIZO. On 7 February 2013 the Court refused the applicant’s request.", "21. On 11 February 2013 it was recommended by a tuberculosis specialist that the applicant be transferred to a specialised tuberculosis hospital.", "22. On 18 February 2013 the applicant was transferred to Zhovtnevska Correctional Colony No. 17 (Жовтневська виправна колонія №17). He arrived there on 21 February 2013 and was placed in a specialised tuberculosis hospital. Upon arrival the applicant complained of a cough with mucopurulent sputum, pain in the chest and armpits, headache, and abdominal pain and distension. It was concluded that the applicant’s state of health was of medium severity. He underwent various blood, urine and sputum tests, X-rays and ultrasound examinations. On 21 and 22 February 2013 the applicant was examined by an otolaryngologist, a psychiatrist and a general practitioner. The applicant was diagnosed with tuberculosis, HIV, encephalopathy, chronic hepatitis and other diseases. The applicant was prescribed anti-tuberculosis treatment.", "23. The Government provided a detailed description of the examinations, prescriptions and treatment the applicant received in the hospital between February and October 2013. It included numerous X-rays, ultrasound examinations, blood, urine and sputum tests, examinations by hospital doctors and external specialists: a tuberculosis specialist (on 28 February 2013 and 15 August 2013), an otolaryngologist (on 26 March 2013: the applicant was diagnosed with otitis), a psychiatrist (on 22 February 2013: the applicant was diagnosed with opium narcotic addiction in remission); a dentist (3 April 2013), a general practitioner (on 13, 14, 19, 25 and 30 March 2013; on 1, 2, 3, 10, 12, 22, 26, 28 and 29 April 2013; on 7, 12 and 16 May 2013; on 1, 4, 15, 21 and 26 June 2013; and on 5, 8 and 17 July 2013); a surgeon (on 24 April 2013); a dermatologist (on 24 April 2013); an infectious diseases specialist from the Kharkiv Regional HIV/Aids Centre, who prescribed antiretroviral therapy (“ART”) for the applicant (22 July 2013); and a neuropathologist (on 13 August 2013).", "24. On 3 May 2013 the applicant’s CD4+ cell count was 477 (15.7%).", "25. On 21 August 2013 the applicant started the ART.", "26. On 4 September 2013 the applicant’s CD4+ cell count was 297 (12.1%).", "27. On 20 September 2013 a tuberculosis specialist from the Kharkiv Medical Academy of Postgraduate Education concluded that the applicant’s anti-tuberculosis treatment had been effective.", "28. On 3 October 2013 the applicant was discharged from the hospital with the diagnosis of, inter alia, post-tuberculosis residual changes, HIV (clinical stage 4), chronic hepatitis in unstable remission, and chronic thrombophlebitis. The applicant was transferred to Buchanska Correctional Colony No. 85 (Бучанська виправна колонія №85) since his state of health had improved. He was provided with ART medication for two months.", "29. According to the parties, while in the hospital the applicant also received various medication from his relatives.", "30. The applicant spent the majority of the time between 1 November and 30 December 2013 in the Buchanska Correctional Colony Hospital. On 23 December 2013 the applicant’s CD4+ cell count was 314 (14.8%).", "31. On 31 January 2014 the applicant was released, having served his sentence." ]

[ "3" ]

[ 2 ]

[]

[ "5. The applicant was born in 1977. According to the most recently available information, in June 2013 the applicant was placed by a court under house arrest in the town of Bryanka, Ukraine. The applicant has not informed the Court of his current whereabouts.", "6. In January 2012 the applicant was arrested on suspicion of drug trafficking.", "7. On 30 January 2012 the applicant was placed in the Starobilsk Pre-Trial Detention Centre (Старобільський слідчий ізолятор) (“the SIZO”). On arrival the applicant was examined by a general practitioner, a psychiatrist, a dentist, a tuberculosis specialist and a dermatologist. According to the Government, the applicant was diagnosed with human immunodeficiency virus (“HIV”) (clinical stage 3), chronic bronchitis, toxic encephalopathy and neuropathy caused by prolonged use of drugs, and tuberculosis residual changes. At that time the applicant’s weight was 55 kg. The applicant is 1.78 metres tall.", "8. According to the Government, on 1 February 2012 the applicant was offered a CD4+ cell count, which he refused. The case-file material includes a written note dated 7 February 2012 that the applicant refused “a blood test”. It is signed by a member of staff of the SIZO medical unit.", "9. According to the Government, between 30 January 2012 and 8 January 2013 the applicant did not ask for any medical assistance in the SIZO. However, it appears from the applicant’s medical file that in September 2012 he was examined by a tuberculosis specialist and underwent an X-ray. According to the medical records provided by the Government, in November 2012, while briefly detained in a different temporary detention facility, the applicant had bronchitis and complained of kidney pain.", "10. On 8 January 2013, following the applicant’s complaint of a cough and a fever, he was diagnosed with chronic bronchitis and was prescribed treatment.", "11. On 9 January 2013 the applicant was found unconscious in his cell.", "12. On the same day the Head of the SIZO requested the Bryankivskyy Local Court to accelerate the proceedings in the applicant’s case or to release him on an undertaking not to abscond, since the applicant needed urgent medical treatment in a specialised hospital.", "13. On 10 January 2013 the above court decided that the applicant should remain in pre-trial detention but should be placed either in a specialised prison hospital or in a civilian hospital.", "14. According to a medical certificate, between 9 and 11 January 2013 the applicant was in hospital. He was diagnosed with acute serose meningoencephalitis. It was noted that the applicant was “in a soporose state”.", "15. On 11 January 2013 the applicant was returned to the SIZO, where he stayed in the medical unit until 15 February 2013. During this period the applicant was also an inmate at least once in the Alchevsk Temporary Detention Facility (“Alchevsk ITT”) (Алчевський ізолятор тимчасового тримання).", "16. On 17 January 2013 the applicant requested under Rule 39 of the Rules of Court that the respondent Government be asked to place him in a hospital. It was argued that the applicant needed additional examination, in particular by a psychiatrist, in order to be prescribed anti-retroviral therapy (“the ART”), and for the stage of his tuberculosis to be correctly determined and for appropriate treatment to be prescribed, as well for him to be provided with adequate medical assistance in respect of the epilepsy from which the applicant allegedly suffered.", "17. According to the applicant’s lawyer, Ms Semenyuk, at the end of January 2013 she received a call from an unknown man who presented himself as an employee of a prosecutor’s office. The person wanted to know whether Ms Semenyuk indeed represented the applicant and whether the applicant had lodged an application to the European Court of Human Rights. Ms Semenyuk replied positively to both questions.", "18. On 4 February 2013 the Bryankivsk Medical Unit (Брянківське територіальне медичне об’єднання) informed the applicant’s lawyer that since 11 October 2010 the applicant had been registered as receiving regular medical examinations by a doctor of the “Trust” practice based in the Bryanka Central City Polyclinic. He was diagnosed as HIV-positive (clinical stage 2), with chronic bronchitis and toxic encephalopathy. On 27 October 2010 his CD4+ cell count was 374 (18.7%). The applicant refused treatment despite the deterioration of his condition. In 2011 he was diagnosed as HIV-positive at clinical stage 3. The applicant did not take ART, as he had refused the relevant examination. On 8 February 2013 the same information was submitted to the SIZO.", "19. The Government submitted that between 11 January and 15 February 2013 the applicant had received treatment for acute serous cerebromeningitis. Moreover, on 5 February 2013 he was X-rayed and seen by a tuberculosis specialist. Following the results of those examinations the applicant was diagnosed with residual changes in the right lung as a result of tuberculosis from which he had already recovered. There was no need for anti-tuberculosis treatment.", "20. On 6 February 2013 the applicant was examined by a neuropathologist. He was diagnosed with HIV (clinical stage 3) and toxic encephalopathy.", "21. On 19 February 2013 the Bryankivskyy Local Court sentenced the applicant to six and a half years’ imprisonment for drug trafficking.", "22. On 26 February 2013 the applicant’s CD4+ cell count was performed with a result of 119 cells (13.1%).", "23. By a letter of 7 March 2013 the Government informed the Court that there was no need for the applicant to be hospitalised.", "24. On 12 March 2013 the applicant was examined by an infectious diseases specialist and diagnosed with HIV (clinical stage 3), chronic bronchitis, residual effects of tuberculosis, and toxic encephalopathy. ART was recommended. On 14 March 2013 the Lugansk Regional Prisons Department approved the applicant’s admission to the Lugansk Temporary Detention Centre No. 17 Hospital (лікарня при Луганському слідчому ізоляторі №17).", "25. The applicant was in that hospital between 20 and 25 March 2013. In addition to the above diagnosis the applicant was diagnosed with weight loss of more than 10% and chronic hepatitis C. The applicant underwent a full blood count, biochemical blood test, sputum and urine test, X-ray and ultrasonography. The applicant was given medication. On discharge a CD4+ count was recommended, among other things.", "26. On 22 March 2013 the Court refused the applicant’s request under Rule 39 of the Rules of Court.", "27. The applicant was also in the Lugansk Temporary Detention Centre Hospital between 29 March and 5 April and between 12 April and 12 May 2013. On 3 April 2013 he had a CD4+ cell count with a result of 13.5%, or 519 cells. On 16 April 2013 ART was prescribed for the applicant.", "28. On 24 May 2013 the Lugansk Regional Court of Appeal quashed the decision of 19 February 2013 in the criminal case against the applicant and remitted the case for a fresh court consideration.", "29. On an unknown date the applicant’s lawyer applied to the local court for the applicant’s release, stating that between 20 January 2012 and 9 January 2013 the applicant had received no medical treatment. After 9 January 2013 the applicant was in hospital for some time, but was not now receiving in-patient care.", "30. On 19 June 2013 the Bryankovskyy Town Court released the applicant and placed him under house arrest. The court noted that the case-file materials contained enough evidence to satisfy the applicant’s lawyer’s request. The court further noted that the applicant required medical treatment which he could not receive in detention.", "31. On 25 January 2013 the applicant was placed in the Alchevsk ITT for the duration of the consideration of his case by the court.", "32. At 9 a.m. on 30 January 2013 an ambulance was called for the applicant as he had acute pain in the liver. The applicant was examined and it was recommended that he see a gastroenterologist. The applicant was then taken to Bryanka Central Town Hospital and brought back to the ITT at around 4 p.m.", "33. According to the applicant, at around 5.25 p.m. he was beaten up in the ITT by two policemen allegedly from the regional police office. They told him to write that the SIZO had provided him with adequate medical treatment. One of the police officers hit the applicant six or seven times in the liver and the other hit him four times in the kidneys. After that the applicant wrote the statement requested.", "34. On 31 January 2013 the applicant’s lawyer, S., complained about this matter at a court hearing. An ambulance was called for the applicant and he was diagnosed with a “possible blunt abdominal trauma”. He was taken to hospital and examined by a surgeon. The latter noted that the applicant complained of pain in the upper abdomen and weakness, but upon examination the applicant’s abdomen was “soft and pain-free”. It was concluded that there was no “acute surgical pathology” and that the applicant could be detained in the ITT.", "35. On the same day the applicant and his lawyer complained about the beatings to a prosecutor. The applicant stated that on 30 January 2013 at 5.25 p.m. unknown policemen had visited him in the ITT. He was subjected to physical and psychological pressure and forced to withdraw his application about lack of adequate medical assistance. They also forced him to confess to a crime he was charged with.", "36. In the course of the investigation the applicant further testified that on 30 January 2013 at around 5.20 p.m. two unknown policemen had questioned him in the ITT. When he refused to write that he had no complaints about the medical treatment in the SIZO, the policemen hit him several times in the abdomen and kidneys. After that the applicant wrote that he had been provided with adequate medical assistance in the SIZO, that he had no complaints, and that there had been no psychological or physical pressure. The policemen took a written statement from him and he was taken to the shower room and then back to his cell.", "37. On 14 February 2013 the forensic medical expert, having examined the medical conclusion of the surgeon of 31 January 2013 and the testimonies of the same surgeon given during the investigation, concluded that “when examined by a surgeon on 31 January 2013 the applicant had no injuries”.", "38. On 25 February 2013 the Alchevsk Town Prosecutor terminated the proceedings for absence of evidence of crime. Police officers and others present in the ITT on 30 January 2013 gave a detailed description of what had happened there that day and stated that nobody had beaten the applicant. In particular, at around 4 p.m. the applicant complained that he wanted a different pillow. The applicant was guided to the room where the bedding was kept. The applicant spent around 15-20 minutes there but did not choose a pillow. Then he was guided to the room where personal belongings were kept because he wanted something from his bag. After that the applicant wanted to take a shower but was told that there was no hot water. Since he wanted to check this himself an ITT guard guided him to the shower. Later the applicant was placed back in his cell. The surgeon, who examined the applicant on 31 January 2013, testified that the applicant had been brought to him in order to check whether the applicant could be detained in the ITT. The applicant had no injuries. The prosecutor also referred to the conclusion of a forensic medical examination that the applicant had no injuries.", "39. The applicant appealed against this decision to a court. On 26 March 2013 the Alchevskyy Town Court quashed this decision. The court questioned the applicant and his cellmate, K., and considered that the investigation had not been thorough, since the applicant’s cellmates had not been questioned.", "40. On 24 April 2013 the ambulance station informed the Bryanka Prosecutor’s Office that on 31 January 2013 the applicant had been examined and diagnosed with “blunt abdominal trauma”. He had complained that he had been beaten up in detention. The applicant was taken to hospital for the diagnosis to be confirmed.", "41. On 25 April 2013 the proceedings were terminated for absence of evidence of crime. In addition to those previously questioned more evidence was added.", "42. In particular, in the course of the investigation the applicant’s cellmate K. testified that on 30 January 2013 the applicant had been taken out of the cell. He was absent for approximately 40-60 minutes. Upon return the applicant told him that two unknown policemen had forced him to refuse medical treatment in the SIZO. When the applicant refused to do so he was beaten. After that the applicant agreed to write that he did not need medical assistance. According to K., the applicant had a red cheek and cheekbone as well as a swollen liver. The policeman who brought the applicant back to the cell allegedly said that one of the officers was a certain So. from Perevalsk Correctional Colony No. 15.", "43. Another of the applicant’s cellmate testified that when he arrived at the ITT he saw the applicant lying on the bed. The applicant told him that policemen had beaten him to force him to confess. The applicant’s cellmate P. testified that he had been sleeping and knew nothing, while the applicant’s cellmate B. refused to testify at all. A police officer, So., was also questioned and testified that on 30 January 2013 he had been at his work place. It was also noted that the surveillance system in the ITT was not working between 26 January and 4 February 2013.", "44. On 3 June 2013 the decision of 25 April 2013 was quashed by the Alchevsk Town Prosecutor. It was noted without any further details that “the decision to terminate criminal proceedings had been premature and unsubstantiated, and that a number of procedural steps had not been performed”.", "45. On 27 June 2013 the criminal proceedings were again terminated for the absence of evidence of crime.", "46. On 4 November 2013 the Alchevskyy Town Court quashed the decision of 27 June 2013. The court found that after 3 June 2013 an investigating officer had not properly looked into the applicant’s lawyer’s complaint. It was also not established why it was impossible to hold a confrontation between the applicant and the police officer So.", "47. No further information about these proceedings was provided by the parties." ]

[ "3", "34" ]

[ 12 ]

[]

[ "5. The applicant was born in 1975. According to the most recently available information, in September 2013 the applicant arrived at Buchanska Correctional Colony No. 85, Ukraine, to serve a sentence. He has not informed the Court of his current whereabouts.", "6. For a number of years the applicant has been suffering from various health problems. In particular, in July 2009, apparently also while serving a sentence, he was hospitalised in Buchanska Correctional Colony No. 85 and later transferred to a tuberculosis hospital in Slavyanoserbska Correctional Colony No. 61. Since November 2009 the applicant has been registered with the Kyiv City Aids Prevention and Control Centre. It appears that in December 2011 the applicant had a CD4+ cell count, the result of this count being 23 cells. No more detailed information about his precise diagnosis or about any further events between 2009 and September 2012 is available.", "7. According to the applicant, on 7 September 2012 he was arrested on suspicion of theft. In a letter to this Court of 21 June 2013 the applicant stated that at the moment of his arrest he had had the following illnesses: human immunodeficiency virus (HIV) at clinical stage 4, post-tuberculosis residual effects, oropharyngeal candidiasis, and chronic hepatitis type C.", "8. The decision on the applicant’s pre-trial detention was taken by a court on 10 September 2012. Between 27 September 2012 and 29 September 2013 the applicant was detained in the Kyiv Pre-Trial Detention Centre (Київський слідчий ізолятор) (“the SIZO”).", "9. On arrival at the SIZO the applicant underwent an initial medical examination. The Government submitted a copy of the applicant’s initial medical examination card with the following information: height 1.77 m; weight 63 kg; blood pressure 125/80; blood type (unclear handwriting); bodily injuries none; infectious diseases: pulmonary tuberculosis – 2008, Botkin’s disease, – “-”, and sexually transmitted diseases – “-”. It was noted that the applicant had “no health complaints”. The applicant also submitted during the examination that he was registered with the Kyiv City Aids Prevention and Control Centre.", "10. According to the applicant, because of the deterioration of his health in November 2012 he was examined in the above Centre. The only document provided in support of this statement is an advisory opinion issued by the Centre “on request” on 8 November 2012. The opinion stated, without noting when exactly the applicant had been examined, that the applicant had been diagnosed with HIV at clinical stage 4, post-tuberculosis residual changes, oropharyngeal candidiasis, and chronic viral hepatitis type C. The opinion also cited the result of the applicant’s CD4+ cell count performed on 13 December 2011. It was recommended that the applicant take antiretroviral therapy (“ART”) for life. In their submissions of 5 July 2013 following the applicant’s request under Rule 39 of the Rules of the Court (see paragraph 4 above), the Government noted that on 8 November 2012 the applicant had been diagnosed as above.", "11. On 10 December 2012 the applicant agreed to undergo an HIV test following his “request submitted to the SIZO doctors”. According to the results of this test dated 12 December 2012, the applicant had HIV antibodies.", "12. On 9 January 2013 the applicant underwent a biochemical blood analysis and a CD4+ cell count (the result of the count was 3 cells, or 0.5% (percentage of total lymphocytes)). The applicant was diagnosed with a high degree of immunological suppression and prescribed preventive anti-tuberculosis treatment.", "13. On 14 February 2013 the applicant was placed in the infectious diseases ward of the SIZO. It was noted that the applicant’s state of health was of “medium seriousness”. He underwent an X-ray and various other examinations and was diagnosed with a tuberculosis relapse, extra-pulmonary tuberculosis, HIV infection at clinical stage 4, chronic hepatitis of the mixed type (toxic type and C type), and other diseases. The applicant was prescribed anti-tuberculosis treatment, detox and symptomatic treatment. The Government submitted that the applicant had received this treatment in full.", "14. According to the available medical documents, between 14 February and 12 June 2013 the applicant’s weight dropped from 63 kg to 58 kg.", "15. On 19 February 2013 the applicant was examined in the Kyiv City Anti-Tuberculosis Treatment Centre.", "16. According to the medical file submitted by the Government, between 21 February and 2 July 2013 the applicant had consultations with SIZO doctors on the following dates: 21 and 28 February 2013; 7, 14, 21 and 28 March 2013; 4, 11, 18 and 29 April 2013; 6, 8 and 16 May 2013; 4, 19, 21 and 26 June 2013; and 2 July 2013.\nIt was noted on some of those occasions that the applicant complained of general weakness but that his condition was stable. He “bore the treatment in a satisfactory manner” and after the applicant had started the ART (see paragraph 18 below) the consistent advice was that the ART should be continued. On several occasions the applicant was also prescribed various medication.", "17. On 26 February 2013 the applicant was prescribed “a preventive treatment”. It was recommended that anti-tuberculosis treatment be continued in order to prepare the applicant for the ART.", "18. In his letter of 23 July 2013 the applicant submitted that the ART had been prescribed to him in February 2013. In his further observations the applicant stated that the treatment had only been prescribed to him on 30 March 2013. The exact date when the applicant started the ART is unclear.", "19. On some occasions in March and April 2013 the applicant refused to take the ART. According to the applicant, the prescribed drugs did not agree with him.", "20. On 26 April 2013 the applicant was prescribed the ART “under the TDF/FTC (tenofovir/emtricitabine +ztv) schema”.", "21. On 16 May 2013 the applicant consulted an infectious diseases specialist from Kyiv City Clinic No. 5, and was prescribed a diet and various medication. It was noted that the applicant had again stopped the ART.", "22. On 14 June 2013 SIZO officials, at the request of the police, informed the police that the applicant’s state of health was of “medium seriousness, with a tendency to deteriorate which might lead to a lethal outcome”. They confirmed that, apart from the said diagnoses, the applicant was suffering from inflammation of the lymph nodes, dermatitis, intestinal dysbacteriosis, and other diseases. The applicant was receiving anti-tuberculosis treatment, ART and symptomatic treatment. It was stated that the applicant needed long-term medical treatment in a specialised medical facility. Consequently, they asked for the investigation to be speeded up and for the possibility of the applicant’s release to be considered. The document was signed by the head of the SIZO and the head of the SIZO’s medical department.", "23. On the same date the criminal case against the applicant was transferred to a court for consideration on the merits.", "24. On 18 June 2013 the applicant’s lawyer requested the applicant’s release before the national court.", "25. Between 26 June and 5 July 2013 the applicant underwent a number of tests (blood and urine tests and X-ray examinations). In particular, on 3 July 2013 a biochemical blood test and CD4+ cell count were performed. The increase in the CD4+ blood cells from 3 to 69 was established (from 0.5% to 4.5%). On 5 July 2013 an expert MTB/RIF diagnostic test of the applicant’s sputum for identification of Mycobacterium tuberculosis was carried out. The test was negative.", "26. In his application form to this Court of 8 July 2013 the applicant stated that he was suffering from general weakness, intestinal pain, severe headache, increase in the number and size of mycotic ulcers on his body and face, liver and chest pain, haemorrhoids, diarrhoea, pain in the lymph glands, and severe shortness of breath. He also had severe pain in his left leg, had lost around 20 kilograms in weight, and had difficulty sleeping. His CD4+ cell count had, however increased. For the hepatitis C, ulcers and left leg problem there was no treatment at all.", "27. On 11 July 2013 the SIZO administration informed the applicant’s lawyer that the applicant was in the SIZO medical ward. He was receiving anti-tuberculosis treatment, ART and symptomatic treatment. The applicant underwent an X-ray examination, had various tests (complete blood count, biochemical blood test, blood sugar test, CD4+ cell count, and urine and sputum analyses) and had a number of consultations with infectious diseases and tuberculosis specialists. It was noted that the applicant’s condition was stable and there was a positive dynamic. He did not need hospital treatment, but required monitoring by infectious diseases and tuberculosis specialists.", "28. On the same date the Kagarlytskyy District Court, Kyiv Region, extended the applicant’s pre-trial detention for two months. The applicant’s lawyer’s request for release on medical grounds was rejected by the court as not substantiated by appropriate documents. It also rejected the applicant’s lawyer’s request for a medical examination for him.", "29. The applicant stated that on 13 July 2013 an ambulance had been called for him. He was given painkillers on that occasion.", "30. In a letter of 23 July 2013 to this Court the applicant stated that there had been no change in his medical treatment between 14 June and 23 July 2013. According to him, the current treatment was not improving his health.", "31. On 5 and 14 August 2013 the applicant was examined by a tuberculosis specialist, who concluded that the applicant’s condition was stable.", "32. On 29 September 2013 the applicant was transferred to Buchanska Correctional Colony No. 85 to serve a sentence (the parties did not submit to the Court the details of the applicant’s conviction). He was provided with ART medication for two months’ treatment. On arrival at the Colony the applicant was examined by a doctor and diagnosed with HIV infection (IV clinical stage), hepatitis in the stage of remission, and post-tuberculosis residual changes (category 5.1).", "33. On 10 October 2013 the applicant complained of fever, cough and abdominal pain. He was diagnosed with aggravation of his hepatitis, gastroduodenitis, and bronchitis, and was placed in a medical ward.", "34. According to the applicant, on 25 June and 3 July 2013 he was subjected to psychological pressure by the SIZO authorities and their medical staff, who shouted at the applicant, called him names and told him to sign a paper stating that he had refused ART treatment of his own volition and that he had no complaints. The material in the case file includes a copy of a handwritten note dated 3 July 2013 and signed by the applicant. The note says the following:\n“Despite the worsening of my state of health, the personnel of the SIZO medical ward are doing everything possible and I have no complaints about them”.", "35. On 4 July 2013 the applicant had a meeting with his lawyer. On the same date the applicant complained about the alleged pressure to the prosecutor’s office. He stated that SIZO doctors and an unknown police officer had forced him to sign a paper “that he refused (or had refused)” the ART and had no complaints. According to the applicant, he was threatened with being beaten, with being removed from the medical ward, with being placed in a disciplinary cell, and that other detainees would suffer because of him. The applicant stated that he had signed a paper stating that he had no complaints against the SIZO doctors.", "36. By a letter of 8 July 2013 the Shevchenkivskyy District Prosecutor’s Office sent the applicant’s lawyer’s complaint to the Kyiv Department of the State Prison Service “for consideration”.", "37. On an unknown date a State Prison Service official informed the Head of the Kyiv Department of the State Prison Service that there had been “no breaches of law by the staff on the medical ward or by the SIZO authorities”. On 5 August 2013 this information was submitted to the prosecutor and to the applicant.", "38. On 14 October 2013 the head of the SIZO medical ward informed the head of the SIZO that there had been no incidence of pressure being put on the applicant during the latter’s stay there.", "39. On the same date inmates B. and F. testified to the head of the SIZO that there had been no incidence of any kind of pressure being put on the applicant, and that he had always been provided with medical assistance when he requested it." ]

[ "13", "3", "34" ]

[ 2, 29 ]

[]

[ "7. On 6 October 2004 the applicant, who was then a police officer, was arrested on suspicion of extortion. On 8 October 2004 the Khabarovsk Zheleznodorozhniy District Court (“the District Court”) remanded him in custody, finding as follows:\n“There is a reasonable suspicion in the present criminal case, supported by the enclosed documents: statements by B. [the alleged victim of the extortion]; the crime scene report; the report on the marking and examination of the banknotes; the report on the search of and seizure of money from O. [a co-accused]; minutes of interviews with B., the prime suspect O., and K, a witness. When deciding on the remand matter, the court is not required to evaluate whether the existing evidence is sufficient for a finding of guilt.\n[The applicant], a police officer, is suspected of having masterminded and supervised the commission of a serious crime by a criminal group which included other police officers. It follows from the statements by B. and K. that, after they had complained to the police about extortion, they continued to receive threats of physical violence from [the applicant], Sh. and Z. In these circumstances, [the applicant] must be remanded in custody because a more lenient restrictive measure cannot be imposed.”", "8. On 21 October 2004 the Khabarovsk Regional Court (“the Regional Court”) upheld the decision of 8 October 2004 on appeal.", "10. On 3 December 2004 the District Court extended the applicant’s pre‑trial detention until 6 February 2005. The court noted as follows:\n“Regard being had to the submissions made by the parties, the case file, and the fact that, as a police officer, [the applicant], if not in custody, might abscond, put pressure on victims and witnesses who identified him as a person who had committed a crime, or otherwise interfere with the administration of justice ... The judge does not consider that the restrictive measure imposed on [the applicant] can be replaced with a more lenient one ...”", "12. On 4 February 2005 the District Court extended the applicant’s detention until 6 April 2005 indicating as follows:\n“Having studied the case file and having listened to the parties to the proceedings, the court does not discern circumstances that would justify the replacement of the restrictive measure imposed on [the applicant].\n[The applicant] is charged with a serious offence. He has organised a criminal group and has been its leader. If not in custody, he can put pressure on the parties to the proceedings.\nThe above presumption as to the [applicant’s] potential conduct is based on the information about the [applicant’s] character and his modus operandi.”", "13. On 5 April 2005 the District Court extended the applicant’s detention until 7 May 2005, noting as follows:\n“... [The] court takes into account the seriousness of the crime [the applicant] is charged with ... The court considers that, as an active police officer able to use his position, [the] applicant might put pressure on victims and witnesses who directly identified him as an offender, or otherwise interfere with the establishment of the truth. Furthermore, the [applicant’s] assertion that he is suffering from a serious disease ... cannot be taken into account by the court. No medical report has been submitted to show whether [the applicant] was fit or not for detention.”", "14. On 5 May 2005, the District Court extended the applicant’s detention until 6 July 2005 arguing as follows:\n“Regard being had to the circumstances of the case, in particular that the criminal investigation is being conducted into a group of persons and that [the applicant] is a police officer, the court concludes that he, if not in custody, might abscond, continue criminal activities, put psychological or physical pressure on the victim or witnesses, destroy evidence or, otherwise interfere with the administration of justice.”", "15. On 27 June 2005 the District Court extended the applicant’s pre-trial detention until 28 September 2005, reiterating that the applicant might put pressure on victims and witnesses. On 12 July 2005 the Regional Court upheld this decision on appeal, but only extending the applicant’s detention until 6 September 2005.", "16. On 18 August 2005 the District Court extended the applicant’s pre‑trial detention until 28 September 2005. The court reiterated its previous reasoning that the applicant might put pressure on victims and witnesses.", "17. On 5 September 2005 the applicant was charged with organisation of a criminal group, accepting bribes, and abuse of position. It appears that the charges of extortion and of organising and facilitating prostitution were dropped.", "18. On 15 September 2005 the prosecution submitted the case against the applicant and three co-defendants to the Regional Court for trial.", "19. Following a request from the prosecution, on 23 September 2005 the Regional Court allowed the return of the case file to the prosecutor on the grounds that the defendants had not been able to study it. The court dismissed the defendants’ request to release them on bail finding that “the circumstances underlying their remand in custody [were] still present” and extended their detention until 28 November 2005. On 22 December 2005 the Supreme Court of the Russian Federation upheld the decision of 23 September 2005 on appeal. In response to the applicant’s argument that the maximum statutory period of pre-trial detention had expired and he should therefore be released, the court noted that, pursuant to the applicable rules of criminal procedure, the applicant could be detained for eighteen months pending investigation, owing to the seriousness of the charges against him.", "20. On an unspecified date the prosecutor forwarded the case file to the court and on 24 November 2005 the Regional Court again granted the prosecutor’s request and returned the case file to the prosecution for five days on the grounds that the defendants had not studied the case file in its entirety. It also extended the applicant’s and his co-defendants’ detention until 28 December 2005, referring to the earlier particularities justifying the defendants’ remand in custody and to the fact that the case involved anonymous witnesses and victims. On 16 March 2006 the Supreme Court upheld the decision of 24 November 2005 on appeal.", "21. On 20 December 2005 the Regional Court received the case file and on 27 December 2005, for a third time, it decided to return the case to the prosecutor at his request, reiterating its earlier reasoning. The court extended the defendants’ detention until 28 March 2006, holding as follows:\n“Since the period of detention of [the applicant], Z. and Sh. ends on 28 December 2005, this period must be extended by three months so as to remedy a violation of the rights of the defence which resulted from the impossibility for defendants and counsel to study the case-file, as well as to allow the investigator to decide subsequently on the restrictive measure in respect of those individuals.”", "23. On 20 March 2006 the Regional Court extended the defendants’ detention until 7 September 2006. The court reasoned as follows:\n“Having discussed with the parties the issue of the [defendants’] detention, regard being had to the seriousness of the charges against them, the court considers that, if not in custody, the defendants might influence the victims and witnesses, abscond or reoffend. It considers it necessary to extend the earlier imposed detention ...”", "24. On 24 March 2006 the Regional Court fixed the trial date for 24 April 2006 and noted that the detention earlier imposed on the defendants should remain unchanged. On 26 May 2006 the Supreme Court upheld the decision of 24 March 2006 on appeal.", "26. On 11 August 2006 the Regional Court extended the applicant’s detention until 7 December 2006 reiterating, in substance, its earlier reasoning.", "27. On 26 October 2006 the jury delivered a not-guilty verdict in the applicant’s case and on 27 October 2006 the Regional Court issued the relevant judgment and ordered the applicant’s immediate release.", "29. On an unspecified date the applicant brought an action for compensation for pecuniary damage resulting from the criminal prosecution. The applicant’s claims included: lost income, legal fees, his lawyer’s travel expenses in connection with the appeal hearing in Moscow, reimbursement of the cost of food, a television set and a refrigerator his family had sent to him while he had been in detention.\nOn 9 April 2008 the Regional Court granted the applicant’s claims in part and awarded him 285,516 Russian roubles (RUB) for legal fees and his lawyer’s travel expenses and RUB 314,634.64 for loss of income. The applicant did not appeal.", "30. On an unspecified date the applicant brought a civil claim seeking compensation for non-pecuniary damage in connection with the criminal prosecution. In particular, he alleged that he had been detained pending criminal proceedings against him in the absence of relevant evidence and sufficient reasoning. The applicant claimed RUB 2,000,000 in this respect.", "31. On 8 October 2014 the Khabarovsk Tsentralniy District Court granted the applicant’s claims in part and awarded him RUB 500,000. The court noted, in particular, that an acquittal in the criminal proceedings had been a catalyst for the restoration of his good name and position before the trial (реабилитация, hereinafter “rehabilitation”). Having examined the circumstances of the case, the court concluded as follows:\n“... regard being had to the factual circumstances of the case, the court concludes that the [applicant’s] claims should be granted in part.\nIn the present case, the court takes into consideration that the decisions to detain [the applicant] pending trial were authorised by court orders which were subject to review by superior courts which examined their lawfulness and the underlying reasons and upheld [said decisions] on appeal.”" ]

[ "5" ]

[]

[]

[ "5. The applicant was born in 1989 and lives in Newtownabbey, Northern Ireland.", "6. In 2006 a solicitor in Northern Ireland was arrested and charged with a number of offences, including inciting paramilitaries to murder and perverting the course of justice. The case arose out of the covert recording of his consultations with clients at Antrim police station. As a direct consequence of the criminal proceedings, solicitors in Northern Ireland became aware that their private consultations with detainees in police stations and prisons could be the subject of covert surveillance. Thereafter, solicitors attending detainees in police stations and prisons began to seek assurances from the police that their consultations would not be the subject of such surveillance.", "7. When the police refused to give assurances, judicial review proceedings were initiated on the basis that there had been a breach of the common law right to legal and professional privilege, the statutory right to a private consultation with a lawyer, and Articles 6 and 8 of the Convention.", "8. In the case of Re C & Others [2007] NIQB 101A the Divisional Court of the High Court of Justice in Northern Ireland found that, despite the express statutory right to private consultations, the covert surveillance of lawyer-client consultations was permitted by the Regulation of Investigatory Powers Act 2000 (“RIPA”). However, RIPA provided for two principal surveillance schemes: intrusive surveillance and directed surveillance. At the time of the hearing, covert surveillance of legal consultations was being treated as directed surveillance, which was the least restrictive of the two schemes. The Divisional Court held that the fundamental right of a detained person to consult a legal adviser privately necessitated an enhanced authorisation scheme and that protections afforded by the directed as opposed to the intrusive surveillance scheme offered insufficient protection. If the surveillance of consultations between legal advisers and clients in police custody was to be lawful for the purposes of Article 8 of the Convention, the safeguards for the carrying out of intrusive surveillance had to apply.", "9. The applicants in these judicial review proceedings appealed against the court’s ruling that the surveillance was permitted by the domestic legislation. The appeal went to the House of Lords, where it was referred to as Re McE (Northern Ireland) [2009] UKHL 15. The House of Lords agreed with the Divisional Court that although the provisions of RIPA could override, inter alia, legal professional privilege, the higher level of authority necessary for an intrusive surveillance warrant was required rather than the directed surveillance warrants that had, until then, been issued.", "10. As the Police Service of Northern Ireland (“PSNI”) had not appealed against the Divisional Court’s ruling that the use of the directed surveillance scheme had breached Article 8 of the Convention, the House of Lords criticised the Secretary of State for not having taken any steps to ensure that covert surveillance of legal consultations was not treated as directed surveillance.", "11. Following the decision of the House of Lords in Re McE the Regulation of Investigatory Powers (Extension of Authorisation Provisions: Legal Consultations) Order 2010 (“the 2010 Order”) was adopted and on 6 April 2010 a revised Covert Surveillance Code of Practice (“the Revised Code”) came into effect. Pursuant to the 2010 Order, directed surveillance of consultations between a detainee and his or her professional legal adviser, representative or medical practitioner in connection with legal proceedings was to be treated, for the purposes of RIPA, as intrusive surveillance.", "12. On 15 March 2009 the applicant was arrested in connection with the murder of a Police Constable believed to have been killed by dissident Republicans.", "13. When first arrested the applicant was assessed by the Forensic Medical Officer as a “vulnerable person” within the meaning of the Terrorism Act Code of Practice. Pursuant to paragraph 11.9 of that Code of Practice, he could not be interviewed, save in exceptional circumstances, in the absence of an “appropriate adult”. In the case of a person who was mentally vulnerable, an appropriate adult could be a relative or guardian, or a person experienced in dealing with mentally disordered or mentally vulnerable people. However, prior to being seen by either a solicitor or an appropriate adult, the applicant asked to speak to the officers in charge of the investigation “off the record”. He was interviewed by police officers in the absence of a solicitor or an appropriate adult and during the course of that interview he gave information which led to the recovery of the gun used in the Constable’s murder.", "14. The applicant was detained in custody for twelve days. During this time he was twice seen by a Consultant Psychiatrist and on each occasion he was assessed as being vulnerable and requiring the presence of an appropriate adult. Also during this time his solicitor obtained an assurance from the PSNI that his consultations with the applicant would not be subject to covert surveillance.", "15. On 25 March 2009 the applicant was charged with withholding information about the Constable’s murder.", "16. Following the charge the applicant was detained in custody on the ground that if released he would be at risk of harm from dissident Republicans.", "17. The applicant was released on bail on 8 June 2009. He was arrested and questioned on a further occasion in October 2009 but was subsequently released without charge.", "18. On 4 May 2010 the applicant was arrested for a third time in connection with the Constable’s murder. Following his arrest his solicitor again sought an assurance from the PSNI that his consultations would not be subjected to covert surveillance. The PSNI informed him that\n“[they could] neither confirm nor deny whether any form of covert surveillance has been conducted in any instance. Covert surveillance is regulated by the Regulation of Investigatory Powers Act 2000, related statutory instruments and the Revised [Covert Surveillance] Code of Practice”.", "19. The applicant sought permission to apply for judicial review of the PSNI’s refusal to give an undertaking that his consultations with his solicitor would not be subjected to covert surveillance. In particular, he alleged that the grounds upon which the authorisation of such surveillance would be appropriate were not sufficiently clearly defined and that the guidance concerning the securing and destruction of legally privileged confidential information was not sufficiently clear or precise.", "20. On 6 May 2010 he was granted permission to apply for judicial review. In granting permission, the court directed that any subsequent consultations with his solicitor and his medical adviser should not be subject to covert surveillance.", "21. On 7 May 2010 the applicant had his first consultation with a Consultant Psychiatrist.", "22. The applicant was released without charge on 8 May 2010.", "23. The charge of withholding evidence appears to have concluded without trial.", "24. The hearing of the judicial review application took place before a Divisional Court of the High Court of Justice in Northern Ireland on 28 June 2010. On 21 September 2010 the Divisional Court dismissed the applicant’s claim.", "25. In dismissing the claim, the court relied on Kennedy v. the United Kingdom, no. 26839/05, 18 May 2010, which found that the regime under Part I of RIPA was compatible with Articles 6 and 8 of the Convention. Although it noted that Kennedy was concerned only with Part I of RIPA, the court considered that the reasoning expressed was “very relevant in view of the parallels between Part I and Part II of the surveillance legal regimes”.", "26. The court found, in particular, that reading RIPA, the 2010 Order and the Revised Code together it was clear that a surveillance operation could only properly be justified if it was a truly proportionate response to a real risk posed by the individual who was the subject of the surveillance, and if the potential usefulness of the surveillance was demonstrably shown. As the Court had indicated in Kennedy, the requirement of foreseeability did not require an exhaustive definition of all conduct that might justify a decision on, for example, national security grounds, and similar reasoning applied in the present case. Consequently, the court held that the wording in the Revised Code was sufficiently clear.", "27. With regard to the applicant’s second allegation, the court accepted that the statutory provisions under Part I of RIPA, which had been considered by the Court in Kennedy, were more detailed, prescriptive and precise than those in Part II. However, taking together the 2010 Order, the Revised Code and the PSNI Service Procedure Implementing Code, the arrangements in place for the use, retention and destruction of retained material in the context of legal consultations was compliant with the Article 8 rights of persons in custody. Moreover, as the Revised Code made it clear that material subject to legal professional privilege was not admissible in court and should be safeguarded by the taking of steps to ensure that it did not prejudice any criminal or civil proceedings, a breach of Article 6 of the Convention would not occur. While there was a risk of a potential “chill factor” (insofar as clients might be less than frank with their solicitors if they were concerned that they were under covert surveillance), the court considered that the revised Code was sufficiently detailed and precise to reassure those in custody that, save in exceptional circumstances, their consultations with lawyers would be in private.", "28. Finally, the court observed that the special considerations which applied to consultations with lawyers or doctors did not apply in the case of meetings with an appropriate adult. It therefore followed that surveillance of such meetings could be authorised as directed surveillance rather than intrusive surveillance.", "29. On 9 November 2010 the Divisional Court heard an application for leave to appeal to the Supreme Court. Leave to appeal was refused although the court certified four questions of law of general public importance. These were as follows:\n“a. Do the current arrangements for authorisation of covert surveillance of consultations between a detained person and (i) his/her solicitor (ii) his/her medical practitioner and/or (iii) an appropriate adult violate Article 6 ECHR in as much as they permit the covert surveillance of legally privileged consultations and the retention of material deriving from legally privileged consultations?\nb. Do the current arrangements for authorisation of covert surveillance of consultations between a detained person and (i) his/her solicitor (ii) his/her medical practitioner and/or (iii) an appropriate adult violate Article 8 ECHR as a result of:-\n(i) a lack of precision and clarity in the guidance governing the authorisation of such surveillance; and/or\n(ii) inadequate guidance as to how and when legally privileged material obtained from such surveillance should be handled, stored, used and destroyed.\nc. Is the Police Service of Northern Ireland’s Service Procedure “in accordance with the law” within the meaning of Article 8 ECHR?\nd. Do the current arrangements for authorisation of covert surveillance of consultations between a detained person and an appropriate adult violate Article 8 ECHR because such surveillance can be authorised as directed rather than intrusive surveillance?”", "30. An application for permission to appeal to the Supreme Court was refused by the Supreme Court on 11 April 2011." ]

[ "8" ]

[ 6, 7, 8, 13, 15 ]

[]

[ "5. The applicant was born in 1974. He is a lawyer who lives and practises in Plovdiv.", "6. The facts of the case may be summarised as follows.", "7. At the beginning of 2005, in the course of criminal proceedings against N.R. and another individual on charges of aggravated theft, punishable by imprisonment of up to fifteen years, the Plovdiv District Court (“the District Court”) decided that in the interests of justice two lawyers should be appointed defence counsel for the two accused, who could not afford to pay for a lawyer but wished to be legally represented.", "8. The District Court sent a request to the Plovdiv Bar asking them to nominate two lawyers as defence counsel to represent the accused. The letter stated, inter alia, that the counsel’s remuneration would be determined in accordance with the Ordinance of the National Bar Council on Lawyers’ Minimum Remuneration 2004 (“the Remuneration Ordinance”).", "9. In a letter of 31 May 2005, sent to the applicant and the District Court, the Plovdiv Bar nominated the applicant to represent N.R. The letter contained the following text:\n“In accordance with section 44 of the Bar Act, you must act as defence counsel ... and appear at the hearing in the court proceedings. Failure to comply may result in disciplinary action under the Bar Act and civil liability vis-à-vis the parties [to the criminal proceedings].\nIn its decision to appoint [you as] defence counsel, the [criminal] court ... must set [your] remuneration in an amount not lower than the minimum provided for in the Remuneration Ordinance. Otherwise you must refuse to provide legal representation because you are at risk of a disciplinary [sanction] for breach of section 132 (6) of the Bar Act and the instructions of the National Bar Council ...”", "10. The Plovdiv District Court held a hearing in the criminal case against N.R. on 10 June 2005. At the beginning of the hearing, at around 3.30 p.m., the court appointed the applicant as N.R’s counsel and invited him to state his position in respect of whether there was an obstacle to proceeding with the hearing or not.", "11. The applicant replied that he would represent N.R. if the court undertook to comply with section 44(2) of the Bar Act, which in turn referred to the Remuneration Ordinance, and thereby determined his remuneration at or above the minimum 550 Bulgarian levs (BGN; the equivalent of approximately 280 euros (EUR)) provided for in law.", "12. The presiding judge refused to determine the minimum remuneration at that point in time. He warned the applicant that he would fine him if he refused to act as counsel for the defendant.", "13. Following this exchange, the applicant refused to represent the defendant and left the courtroom.", "14. The court fined the applicant BGN 500 (approximately EUR 260). The decision imposing the fine referred to Article 269 § 7 of the Code of Criminal Procedure 1974 (see paragraph 33 below) and stated as follows:\n“In the court’s view, the lawyers already appointed to serve as defence counsel should not have asked about their remuneration [at this stage of the proceedings]. The court would be in a position to estimate that amount only after the collection of all evidence and following the final oral pleadings. By raising the question of setting their remuneration at a minimum of BGN 550 before the examination of the case started, the [two lawyers] showed manifest disrespect for the court and were in breach of the Code of Criminal Procedure. Despite a warning, they did not comment, they refused to act as legal representatives nominated by the Plovdiv Bar upon this court’s request ... and left the courtroom. Seeing that in the present case the defendants must be legally represented ... the hearing will have to be adjourned owing to the unjustified absence of their defence counsel.\nTherefore, [the applicant and the other lawyer] shall be fined BGN 500 each.”", "15. Then the prosecutor requested a one-hour break so that new counsel could be found for the accused. He submitted that, in view of the principle of speediness of criminal proceedings and the fact that all witnesses and experts were there in the courtroom, the hearing should not be adjourned to a later date. The court granted the request and decided to proceed with the case at 4.40 p.m. on the same day.", "16. The hearing was resumed as scheduled. The prosecutor asked the court to appoint another lawyer who was present in the courtroom as counsel for the accused and to give him time to get acquainted with the case file. The court granted the request.", "17. At 4.55 p.m. the new lawyer stated that he had acquainted himself with the case and agreed to be appointed defence counsel. The court did so and proceeded with the case. The proceedings ended with a plea bargain agreement between the prosecutor and the defendants. The court set the replacement defence counsel’s remuneration at BGN 30 (about EUR 15).", "18. On an unspecified date the applicant appealed against the fine imposed on him (see paragraph 14 above). He claimed that he had not been appointed by the District Court in accordance with the law. In particular, the court had been bound by law, specifically the Bar Act, to determine his remuneration in the actual decision to appoint him counsel (see paragraph 30 below); the court had also had to determine the amount according to the Remuneration Ordinance. By refusing to comply with those legal requirements, the court had breached the law. Therefore, the applicant’s refusal to act as counsel had been justified; he should not have been held responsible for the adjournment of the hearing and he had not acted disrespectfully. Consequently, he submitted, the fine had been unlawful.", "19. On 11 July 2005 the Plovdiv Regional Court dismissed the applicant’s appeal against the fine in a final decision. It acknowledged that pursuant to section 44(2) of the Bar Act the remuneration to be paid to a court-appointed defence counsel had to be indicated in the order for his or her appointment and that it ought not be lower than the minimum provided for in the Remuneration Ordinance. However, the court found that it was only possible to determine the exact amount of remuneration to be paid at the end of the proceedings. The reason for this was that the Remuneration Ordinance provided for a lower amount in case of termination of the criminal proceedings by way of a plea bargain (see paragraph 28 below). The court could not predict the outcome of the proceedings at their outset. Therefore, the applicant’s insistence on a prior determination of his fee was contrary to section 44 of the Bar Act. The applicant had thus caused an unjustified adjournment and had rightly been fined under Article 269 § 7 of the Code of Criminal Procedure. The court finally held that the amount of the fine was proportionate to the gravity of the offence." ]

[ "13", "P1-1" ]

[ 4, 9, 13, 14 ]

[]

[ "5. The applicant was born in 1954 and lives in Hertfordshire.", "6. The applicant has a son, S., who was born in April 2000. The applicant was not married to the child’s mother, G., and the relationship ended a few months after S.’s birth. After the separation, S. continued to live with G. and the applicant maintained contact with him. On 17 August 2003 G. stopped the applicant’s contact with S.", "7. In October 2003 the applicant instituted proceedings before Alloa Sheriff Court seeking parental rights and responsibilities and residence or, alternatively, residential contact.", "8. In early July 2004 the applicant and G. agreed that the S. should reside with G. and that the applicant should have contact. The agreement was set out in a joint minute of agreement, on the basis of which the Sheriff Court, in an interlocutor dated 7 July 2004, granted the applicant parental rights and responsibilities in respect of S.; found that the applicant was entitled to residential and non-residential contact with S. on a basis and on dates specified in the interlocutor; and held that G. was to consult with the applicant when making decisions of importance with respect to the health, welfare, education and upbringing of S. The interlocutor did not provide for the dates upon which the regular contact was to begin or when during each four-week period it was to occur. It also failed to take into account pre-arranged holidays.", "9. Because of the ambiguity in the interlocutor, the relationship between the applicant and G. quickly deteriorated. On 17 December 2004 the applicant lodged two minutes at the Sheriff Court: one to vary the July 2004 interlocutor by seeking a residence order in respect of S.; the other seeking a finding that G. was in contempt of court for breaching the July 2004 interlocutor. A curator ad litem was appointed by the Sheriff to represent S.’s interests.", "10. The applicant was granted legal aid and was represented before the Sheriff Court by Mr Halley (counsel). The instructing solicitors were Jardine Donaldson.", "11. Following a number of procedural hearings, a substantive hearing began on 9 September 2008 and concluded on 2 November 2009, after fifty-two non-consecutive court days.", "12. The Sheriff’s decision on the application to vary the July 2004 interlocutor was issued on 22 January 2010. He considered that having regard to S.’s age, the history of the case and the influences at work on S., he would derive no benefit from contact in such circumstances. The Sheriff therefore concluded that there had been a material change in circumstances since the interlocutor of 7 July 2004; that it was in S.’s best interests that he did not have contact with his father; and that the interlocutor of 7 July 2004 required to be recalled.", "13. The applicant appealed to the Inner House of the Court of Session. He contested the Sheriff’s decision and complained, inter alia, that the action had not been concluded within a reasonable time.", "14. The applicant was granted legal aid to pursue his appeal. He was represented before the Inner House by Mr Andrew Smith QC and Mr Halley (counsel). The instructing solicitors were Drummond Miller LLP, for Jardine Donaldson.", "15. The Inner House delivered its judgment on 22 October 2010. It did not uphold the applicant’s appeal. However, it varied the January 2010 interlocutor to make it clear that it in turn only varied the July 2004 interlocutor in respect of contact but did not make any change to the finding that the applicant enjoyed parental rights and that he had to be consulted on matters concerning S.’s health, welfare, education and upbringing.", "16. In November 2010 a note was prepared by counsel supporting an application for legal aid to pursue an appeal to the Supreme Court. On 2 December 2010 a full application for legal aid was submitted to the Scottish Legal Aid Board, with counsel’s note in support. Shortly afterwards an appeal to the Supreme Court was lodged and the appeal process was suspended pending the determination of the legal aid application.", "17. The curator ad litem objected to legal aid being granted to the applicant. The applicant responded to the observations of the curator ad litem.", "18. By January 2011 the legal aid application had not yet been determined. The applicant expressed concern about the delay and the impact it would have on his chances of contact being re-established with S. He was told that there would be no meeting of the committee charged with making the legal aid decision until 7 March 2011.", "19. On 5 April 2011 the Scottish Legal Aid Board intimated its refusal of legal aid to the applicant. On 6 April 2011 the applicant lodged an application for internal review.", "20. On 5 July 2011, after reconsideration, the Board again refused legal aid. It found that there was no substantive issue of law arising to merit an appeal and that no practical benefit to the applicant could ensue.", "21. On 22 July 2011 the applicant’s counsel and solicitors considered commencing judicial review proceedings in respect of the refusal to grant legal aid. It was decided on the applicant’s behalf that, as the delay involved in judicial review was likely to be extensive and given that legal aid for judicial review proceedings would almost certainly not be granted, no judicial review proceedings would be commenced. Counsel and the solicitors were not prepared to act pro bono in judicial review proceedings since the prospects of success would be low. However, they agreed to act pro bono in pursuing the appeal before the Supreme Court without legal aid. The Supreme Court waived its fees in respect of the appeal.\n(b) The appeal proceedings", "22. The applicant was represented before the Supreme Court by Mr Andrew Smith QC and Mr Halley. The instructing solicitors were Jardine Donaldson.", "23. On 23 May 2012 the court handed down its judgment. It refused to uphold the applicant’s appeal." ]

[ "6" ]

[ 4, 5, 6, 8, 9, 14, 15, 16, 17 ]

[]

[ "5. On 16 May 2006 the applicant’s husband filed a petition for divorce with the Larnaca Family Court. This was on the ground that his marriage to the applicant had broken down irretrievably because, among other reasons, he and the applicant had been separated for five years (that is, one year longer than the minimum period required by law: see relevant domestic law and practice at paragraph 25 below).", "6. The case was set for a directions hearing on 14 June 2006. On that date the applicant appeared in person and asked for additional time to file her defence to the petition: the Family Court acceded to her request and adjourned the hearing to 4 October 2006.", "7. On 14 June 2006 the applicant applied to the Family Court for legal aid. The hearing of that legal aid application was fixed for 15 September 2006. On 15 September the applicant appeared before the court and asked for a one-month extension as she was not sure if she would maintain her application. The court adjourned the legal aid hearing to 19 October 2006.", "8. On 4 October 2006, the applicant attended court and requested a further extension for filing her defence to the petition on the ground that her legal aid application was pending. The court adjourned the case to 1 November 2006 and directed that the applicant file her defence by that date.", "9. The applicant did in fact decide to maintain her legal aid application. When this legal aid application came before the Family Court on 19 October 2006, the court considered that the application came within the scope of the Law on Legal Aid (see relevant domestic law and practice at paragraph 23 below) so it instructed the Welfare Office to prepare a social welfare report on the applicant and adjourned the hearing of the legal aid application to 17 November 2006.", "10. The applicant failed to file her defence to the petition for divorce by 1 November 2006 as directed. She also failed to appear in court on that date. In her absence, counsel for the applicant’s husband requested that the case be set for trial. The court acceded to this request and a trial date of 22 November 2006.", "11. The legal aid application came before the court on 17 November 2006 as scheduled. The applicant attended court. However, because no one from the Welfare Office was present, the court adjourned its examination of the application to 21 December 2006.", "12. On 22 November 2006 the applicant did not appear at court for the trial in the main proceedings. The applicant’s husband attended with counsel. In the applicant’s absence, the court proceeded to hear the evidence of her husband who stated that the couple had been suffering problems and had been separated since December 2000. No other witnesses were heard. The court gave an ex tempore judgment granting the petition for divorce.", "13. Although the petition for divorce had been granted, the hearing in the legal aid application went ahead as scheduled on 21 December 2006. The applicant was not present at court. A representative of the Welfare Office informed the court that, from a letter in the court file dated 20 December 2006, which had been sent by a welfare officer to the court registrar, it appeared that the applicant was no longer interested in receiving legal aid. The court accordingly dismissed the legal aid application for want of prosecution.", "14. On 29 December 2006 the applicant appealed against the Family Court’s judgment to the Family Court of Appeal. She was legally represented on appeal.", "15. The applicant submitted two grounds of appeal: that the Family Court had wrongly proceeded with the hearing of the petition for divorce in her absence, and that it had wrongly decided on the dissolution of the marriage. In respect of both grounds, she submitted that the Family Court had acted in breach of Article 30 of the Constitution (the right of access to court and to a fair trial: see paragraph 22 below), the Law on Legal Aid, and the rule of natural justice, including the right to be heard (audi alteram partem).", "16. In the reasons accompanying her grounds of appeal, she again made reference to Article 30 of the Constitution and the right of litigants to present their case before the court and to be defended by counsel. The applicant again submitted that the rules of natural justice safeguarded the right to be heard. She further stated that she had informed the Family Court that she had applied for legal aid. She had been under the impression that her legal aid application would be examined by the same bench that would hear the petition for divorce. As the legal aid application had been fixed to be examined at a date subsequent to the date the divorce petition was fixed (21 December for the legal aid hearing as against 22 November for the divorce petition hearing), she presumed that the divorce petition would be examined following the granting of legal aid so she could file a defence through a lawyer. It was for this reason that she had not appeared in court on 1 and 22 November 2006.", "17. On 21 September 2007, the applicant’s husband died. In his will he bequeathed part of his property to another woman. As a consequence of the divorce, the applicant was not entitled to inherit from his estate or to receive a widow’s pension. The applicant maintained her appeal against the Family Court’s judgment.", "18. On 19 December 2008, the Court of Appeal directed the parties to file skeleton arguments (written outlines of their submissions), in effect accepting the applicant’s notice of appeal. The Court of Appeal further directed that once the skeleton arguments were submitted, the appeal was to be set down for a hearing.", "19. In her skeleton argument dated 9 January 2009, the applicant developed her ground of appeal relating to Article 30, stating that the Family Court had acted contrary to Articles 30(1) (the right of access to court), Article 30(3)(b) (the right to present one’s case and to have sufficient time for its preparation), and Article 30(3)(d) (the right to counsel and to free legal assistance). She relied on both the relevant case-law of the Cypriot courts on these provisions and on the relevant case-law of this Court on the corresponding provisions of Article 6 of the Convention, including Airey v. Ireland, 9 October 1979, Series A no. 32. In respect of her submission as regards the rules of natural justice, she referred to Halsbury’s Laws of England (4th ed., Vol 1, § 76) and the court’s duty to provide every party with a fair chance to set his case before the court.", "20. A hearing on the merits of the appeal took place before the Court of Appeal on 6 March 2009. At the hearing, the applicant adopted her written submissions. Counsel for the applicant’s ex-husband submitted that Airey could be distinguished on the basis that the Convention did not grant a general right to legal aid and, in any event, the present case was not so complex as to require it. The hearing was adjourned to 8 May 2009. On that date, counsel for the applicant provided the court with copies of the relevant case-law cited in the applicant’s written submissions. No further submissions were made and the court reserved judgment.", "21. On 30 June 2009 the Court of Appeal dismissed the appeal. It found:\n“It is the appellant’s position that she had informed the court that she had submitted an application for legal aid and, because she believed that her application would be examined by the court which would examine the substance of the petition for the dissolution of the marriage, she failed to appear on 1 November 2006, with the consequence that the case was heard in her absence and the petition for divorce was granted against her.\nRegarding the allegations of violation of the provisions of Law 165(I)/2002 and the principles of natural justice, no specific reasons have been put forward which could substantiate the above allegations, which are accordingly dismissed.\nRegarding the alleged violation of Article 30 of the Constitution, the appellant has not specified which particular paragraph has been violated and this allegation is dismissed for vagueness. Independently of this conclusion, we have already made detailed reference to what took place both in the proceedings concerning the application for legal aid and the divorce proceedings. From the above, it appears that judgment under appeal was the result of the complete indifference of the appellant to respond to the directions of the Court to file her defence and her failure to appear before the court. The appellant cannot claim that her failure to appear was due to the fact that she believed that the divorce petition would be examined by another court.\nThe appeal is dismissed with costs.”" ]

[ "6" ]

[ 14, 15 ]

[]

[ "5. The applicant was born in 1951 and lives in Şomoşcheş, Arad County.", "6. At the time of the events in the present case, the applicant was serving a prison sentence for fraud, imposed by two decisions of the Timişoara Court of Appeal on 14 August 2002 and 11 November 2004. He was held mainly in Arad and Timişoara Prisons. In 2008 he spent a few days in cell no. 309 of Jilava Prison. According to the applicant’s description, the cell was dirty and lacked access to warm water.", "7. On several occasions the applicant was kept in the court’s detention rooms where the detainees and guards were allowed to smoke. According to the applicant, he was exposed to passive smoking in the Arad County Court detention room on 15 December 2008.", "8. According to the information provided by the prison administration and forwarded to the Court by the Government, the applicant was held in cell no. 309 in Jilava Prison from 29 May to 1 June 2008 and from 16 to 18 June 2008. The personal space available to the applicant was 1.65 sq. m during the first period of detention and 1.93 sq. m during the second period of detention. Disinfection and pest control were carried out three times per year and the cell was cleaned daily by the inmates. The same rules of hygiene applied to the toilets and shower rooms. The cell benefitted from both natural and artificial light and had beds with mattresses, tables, shelves, and a television set. In an annex to the cell there was a toilet space, consisting of two partitioned toilet bowls and two wash basins. Access to warm water was possible in the common shower room, which contained eighteen showers and to which the inmates had access in privacy once a week.", "9. On 30 November 2008 the applicant was not allowed to vote in the parliamentary elections and, despite his requests for clarifications, the prison authorities gave him no explanations as to whether he was entitled to vote or not. The next day, he informed the Court about what had happened.", "10. On 21 December 2009 the applicant was released on probation. He was arrested again on 2 July 2010 and served the rest of his sentence until 28 March 2011." ]

[ "P1-3", "3" ]

[ 3 ]

[]

[ "5. The applicant was born in 1936 and lives in the town of Ananyiv, Ukraine. At the material time, the applicant was the head of a territorial election commission.", "6. At approximately 6.30 a.m. on 31 October 2004 – the day of the first round of the presidential elections – while on his way to the territorial election commission headquarters, the applicant met four police officers walking in the same direction who were unfamiliar to him (later identified as police officers K., L., P. and D.). The applicant struck up a conversation with them, which apparently ended up in a verbal confrontation.", "7. According to the applicant, when they reached Ananiyivskyy District Police Station, the police officers pushed him inside and physically assaulted him.", "8. According to the Government, when the group reached the police station, the applicant suddenly grabbed L.’s uniform and the grille of the security door and started shouting that he was being beaten. After that, the applicant talked to the head of the police station and left.", "9. On the same day, the applicant phoned a prosecutor and complained of the above events. The applicant stated that at 6.30 a.m. police officers he did not recognise had pushed him into the corridor of the police station, knocked him to the ground and started to kick him. A police officer who had been on duty at the time had seen this. The applicant had been kicked in the head, the groin and the spine. As he had also been shouting out during the incident, the head of the police station had come and had ordered the officers to let him go. These events had been witnessed by a certain S.", "10. Later, the applicant also testified that he had seen five unfamiliar police officers while walking to work. He had asked them where they were from, and had said that they would be working together that day. They had answered that they were from the town of Ananyiv. When the group had neared the police station, the applicant had been pushed inside. He had grabbed the door grille and shouted. The police officers had continued to hit him and had dragged him into the police station. There, they had kicked him to the floor and had continued to kick him while he was on the floor.", "11. At around 1 p.m. on 31 October 2004 the applicant was examined by a forensic medical expert, B. The applicant complained of nausea and a headache, in addition to pain below his right shoulder blade, in the lumbar part of his spine, in his legs and in his groin. The applicant had a scratch on his left cheek and an oedema on his right leg. He was advised to consult both a surgeon and a neuropathologist. The applicant was supposed to go and see the expert again the next day, but did not do so.", "12. On the same day, the police officers involved in the incident (K., L., D. and P.) were questioned. Police officer K. reported to the head of the police station that, while walking along the street with his three colleagues, they had been approached by a stranger who had asked them provocative questions such as, “Did you come here to kill and hang people? What are you doing here? What are you eavesdropping on?” The police officers had answered that they had been sightseeing and that the town was very beautiful. In reply, the man had said that they had seen enough and that they, “should go to the town of Reni where police officer P. should sit on the stork’s post”. The group had stopped near the police station, where the man had grabbed L.’s shoulder strap with one hand and the door grille with the other hand, and had started shouting that he had been beaten. After that, the man had entered the police station.", "13. The Government also submitted the testimonies of the above police officers, which were dated 31 October 2004 and drafted in almost identical terms. According to those testimonies, in the morning of 31 October 2004, the police officers who had gone to Ananyiv to assist in maintaining public order on election day had been walking from their accommodation to the police station. An unknown man had approached them and shouted, “The fascists are coming!” and had followed them to the police station while insulting them. When L. had tried to enter the police station, the man had grabbed the door grille and L.’s left shoulder strap, and had started shouting that he was being beaten. The head of the police station had intervened. Nobody had hit the man.", "14. On the same day, the entrance to the police station was inspected and no trace of a struggle was detected. L.’s uniform coat was also inspected, and it was established that one of the bands with which his left shoulder strap had been attached had been torn off.", "15. Police officers K., L., D. and P. were examined by a forensic expert and by a hospital doctor. It was confirmed that they had not sustained any physical injuries and had not been drunk at the relevant time.", "16. On 31 October 2004 testimonies of potential witnesses were collected.", "17. The testimonies of the police officers present at the time of the incident in the police station were as follows:\n- police officer Sa. saw the applicant grab the door grille and shout as if somebody had been hitting him;\n- police officer Bo. saw the applicant grab the door grille and shout hysterically. Twice, the applicant tried to kick a police officer, but missed;\n- police officer N. saw the applicant in the police station. The applicant was shouting at the police officers, threatening them with dismissal and calling them names;\n- police officer G. saw four unfamiliar police officers, the applicant, and police officers Bo., Da., and Sa. in the reception area of the police station. The applicant was shouting that he had been beaten;\n- the head of the police station, Le., and police officer Kl. saw the applicant talking to L. and asking, “Who allowed you to beat me?”.", "18. Forensic expert B. testified that he had examined the applicant at around 1.00 p.m. on 31 October 2004. The applicant had been complaining of nausea and a headache, in addition to pain in his back, groin and right leg. The applicant had had a scratch on his left cheek, which may have been caused by the skin being rubbed against some flat object with an uneven surface. The applicant had also had an oedema on his right leg. He had been advised to consult both a surgeon and a neuropathologist. The applicant had said that he had to work that day, and so would consult the doctor the next day. According to B., the applicant’s account – that he had been severely beaten by five police officers – was doubtful, as it contradicted the results of the physical examination.", "19. S., a journalist, testified that he had seen a group of police officers walking along the street, flanking the applicant. When the group had reached the police station, the police officers had pushed the applicant inside. The applicant had resisted and the police officers had kicked him on the legs, the stomach and groin and possibly in the back. S. had run towards the police station. He had heard the applicant shout at a police officer, “Why are you beating me?” The head of the police station had been standing nearby.", "20. A number of people were standing across the street from the police station at the relevant time and allegedly saw the incident. They testified as follows:\n- Se., the town mayor, said, “The police officers and A.V. Chmil were walking along the street quite normally. I continued my conversation with other people and suddenly heard A.V. Chmil shouting, ‘Leave me alone!’ A.V. Chmil grabbed the police officers’ clothes and tried to tear away their shoulder straps. The police officers did not use any force. Everybody went into the police station. After three to four minutes, A.V. Chmil then left the police station”;\n- Ko., a district election commission member, said, “A man was following three or four police officers. As the first police officer was entering the police station, the man squeezed in between them. This was followed by some shouts and a shove in the doorway. The man was pushing the police officers and shouting, ‘Help!’ and ‘Let me go!’”;\n- Ku said, “A man was following four unfamiliar police officers. As one police officer was entering the police station, the man started to push the others and to shout that they were not to touch or beat him. I did not see anybody beating him”;\n- Tk., a police officer, said, “A man was walking behind the police officers. As one police officer was entering the police station, the man pushed him. The man also shouted that they were not to touch him. After one minute, the man left the police station”;\n- Ts., a police officer, said, “A.V. Chmil was following four police officers. As one of the police officers started to go into the police station, A.V. Chmil squeezed in between the other three and started shouting that he was being beaten. He pushed the first police officer inside and then went in himself. A.V. Chmil left the police station after one to two minutes”.", "21. The applicant was in hospital from 2 to 19 November 2004. While there, he complained that he had been physically assaulted on 31 October 2004, and was diagnosed with concussion.", "22. On 10 November 2004 the Ananiyivskyy District Prosecutor’s Office refused to institute criminal proceedings against the police officers. The available evidence was summarised as follows. Five witnesses (including two police officers) testified that in the morning of 31 October 2004 they had seen the applicant walking to the police station, accompanied by four police officers. As one of the police officers had gone into the police station, the applicant had squeezed in between the police officers and had started pushing them – grabbing at their uniforms and shouting that they should stop beating him and leave him alone. The witnesses did not see the applicant being physically assaulted. The police officers involved in the incident testified that they had not hit him. Six more police officers who had been in the police station at that time testified that nobody had hit the applicant. A forensic expert, B., testified that he had examined the applicant at 1 p.m. on 31 October 2004. The applicant had had scratches on his left cheek and on his right leg. Judging by the applicant’s injuries, the expert had doubted that the applicant had been beaten by five police officers in the manner that he had alleged. The Ananiyivskyy District Prosecutor’s Office also noted that, as the applicant was in hospital at that time, it was impossible to establish the seriousness of the injuries he had sustained. In view of the evidence outlined above, the prosecutor concluded that the applicant’s allegations were unsubstantiated and that there was no evidence of a crime having been committed.", "23. On 22 November 2004, following a request from the Ananiyivskyy District Prosecutor’s Office, a forensic medical expert concluded that the applicant had sustained minor physical injuries.", "24. On 30 December 2004 the Odessa Regional Prosecutor’s Office overruled the decision of 10 November 2004 and remitted the case for further investigation. Amongst other things, it was noted that, in view of the applicant’s stay in hospital, a forensic medical examination should have been carried out, and witnesses other than police officers – such as the applicant’s relatives – should have been questioned.", "25. In January 2005 in the course of further investigation, a hospital doctor testified that, following his admission to hospital, the applicant had complained that he had been physically assaulted, and had had bruises on his right leg.", "26. A territorial election commission secretary testified that on 31 October 2004 she had arrived at work at 8 a.m. The applicant had already arrived, and he had told her that he had been beaten. He had had no visible injuries.", "27. On 16 February 2005 the Ananiyivskyy District Prosecutor’s Office instituted criminal proceedings against the police officers for abuse of power.", "28. The case material contains records of testimonies drafted in almost identical terms, which the four police officers involved in the incident gave on 19 March 2005. Those testimonies are nearly identical to those given by the police officers on 31 October 2004, save that in the more recent testimonies all of the police officers added that they had been trained, and that, if they had indeed beaten the applicant, then he would have sustained much more serious injuries.", "29. On 19 March 2005 four formal confrontations between the applicant and the police officers were also held. The parties were asked the following questions:\n- Do you know each other and, if so, how did you meet and what is your current relationship?\n- Do you have any reason to lie about each other?\n- What were you doing when you met each other on the way to the Ananiyivskyy District Police Station?\n- In what manner did you enter the Ananiyivskyy District Police Station?\n- (Of the police officers) When did you learn that A.V. Chmil was the head of the territorial election commission?\n- Was A.V. Chmil subjected to physical or psychological pressure on 31 October 2004?\n- Were any procedural documents regarding A.V. Chmil drafted at the police station?", "30. The answers in all four confrontation records are identical and are drafted in nearly identical terms.", "31. In response to the third question, the police officers said that the applicant had asked them who they were and what they were doing in town. Police officer K. had answered the applicant and had said that they were police officers and were walking around the town. The applicant had started to insult them.", "32. The record of the confrontation between the applicant and L. also contains the following verbatim extract:\n“Как Вы оказались в здании Ананьевского РО УМВД Украины в Одесской области?\n...\nЛ.: В райотдел милиции заходили через дверь по одному. Первым в двери зашел Л., за ним начал заходить я, в этот момент гр. Чмиль А.В. встал между мной и П., в дверях в райотдел. При этом одной рукой схватился за решетку двери, другой за мое плече.”\n“In what manner did you enter the Ananiyivskyy District Police Station?\n... L.: We entered the police station one by one through the door. L. went in first, then me, but at that moment A.V. Chmil went to stand between me and P. in the doorway. He grabbed the door grille with one hand and my shoulder with the other hand.”", "33. On 12 April 2005, following a decision of 20 March 2005 of the Ananiyivskyy District Prosecutor’s Office to conduct a forensic examination, a group of forensic medical experts concluded that the applicant had sustained a concussion, a scratch to his left cheek, and bruising to the left part of his face, his left hip and the lower part of his right leg. These injuries were categorised as minor.", "34. Between April and May 2005 some of the above-mentioned witnesses (see paragraphs 17 - 20 above) were questioned again. They gave testimonies similar to those of October 2004.", "35. On 14 July 2005, following a decision of 10 May 2005 of the Ananiyivskyy District Prosecutor’s Office to conduct a forensic examination, a group of forensic medical experts, having studied the relevant case file material, concluded that the applicant had sustained a concussion and a scratch to his left cheek. He had also sustained bruising to the left part of his face, his left hip and the lower part of his right leg. The bruises had been noted on the applicant’s medical card on 2 November 2004. The expert had not mentioned them in the initial examination of 31 October 2004, as they had not yet been visible at that time. The forensic medical experts were of the opinion that the concussion, the scratch and the bruises to the left cheek and lower part of the applicant’s right leg had been caused several hours before the initial examination at 1 p.m. on 31 October 2004. It was impossible to establish the exact time that the applicant’s injuries had been caused. They could have been inflicted between 7 and 8 a.m., but also earlier or later. All of the injuries had been caused by blunt trauma. The possibility that the applicant had sustained the injuries when he had fallen could not be excluded.", "36. On 8 September 2005 the Ananiyevskyy District Prosecutor’s Office terminated the proceedings for the absence of any corpus delicti. The prosecutor concluded that the applicant had sustained the injuries in question when he had grabbed L.’s coat inside the police station, lost his footing and fallen down.", "37. On 12 September 2005 the Odessa Regional Prosecutor’s Office overruled that decision and remitted the case for further investigation. It was noted that not all of the witnesses had been questioned.", "38. On 10 October 2005 the proceedings were terminated again. It was noted that the witnesses Kol. and Sam. had not seen the applicant being subjected to ill-treatment. Kol. had testified that the police officers “had accompanied” the applicant to the police station, but that he had not seen the applicant being beaten. Sam. had seen the applicant after the incident.", "39. On 19 December 2005 the Odessa Regional Prosecutor’s Office overruled that decision and remitted the case for further investigation.", "40. On 8 August 2006, following a complaint lodged by police officers K. and P., the decision of 16 February 2005 to institute criminal proceedings against the police officers (see paragraph 27 above) was quashed by the Ananiyivskyy Local Court as unsubstantiated, and the case material was sent to a prosecutor’s office for a decision.", "41. On 13 August 2006 a group of forensic medical experts gave an opinion on the applicant’s case. They were asked to say whether they thought that the applicant’s second-degree disability (друга група інвалідності) was related to the injuries which he had sustained on 31 October 2004. The Government submitted an incomplete copy of the experts’ conclusion (seven pages out of ten).", "42. On 27 November 2006 the Ananiyevskyy District Prosecutor’s Office refused to institute criminal proceedings against the police officers. It found that the applicant had created a conflict situation and had sustained injuries as a result of a fall.", "43. On 7 March 2008 the Odessa Regional Court of Appeal quashed the decision of 8 August 2006. The police officers tried again to challenge the decision of 16 February 2005 in court, but to no avail.", "44. On 5 May 2008 the Ananiyevskyy District Prosecutor’s Office overruled the decision of 27 November 2006 and remitted the case for further investigation.", "45. In the course of that further investigation, the witnesses (the police officers who were present at the time of the incident in the police station and the people who saw the incident from across the road), the applicant and police officers K., L., P. and D. were questioned again. They all confirmed their previous testimonies. A formal confrontation between the applicant and K., L., P. and D. was undertaken, as well as a reconstruction of events.", "46. On 27 February 2009, following a decision of the Ananiyivskyy District Prosecutor’s Office, another forensic medical examination was completed. It concluded that the applicant had sustained a concussion and a scratch to his left cheek, bruises to the left part of his face, his left hip and the lower part of his right leg. Those injuries could have occurred on 31 October 2004 between 7 and 8 a.m., or later. All injuries had been caused by blunt trauma – impact from blunt objects or from falling down onto a hard surface, such as the floor.", "47. On 2 April 2009 the criminal proceedings were terminated for the absence of any corpus delicti. The conclusion was that at around 6.30 a.m. on 31 October 2004 the applicant had approached four police officers – D., K., P. and L. – who had been in charge of maintaining public order on the day of the elections. The applicant had started to call them names. When the police officers had tried to go into the police station, the applicant had squeezed in between them, grasped the iron grille of the door with one hand and L.’s coat by the other, and had started shouting that he was being beaten in an effort to attract attention. The police officers and the applicant had finally entered the police station, and police officer L. had had his left shoulder-strap torn off. Seven police officers had testified that nobody had beaten the applicant in the police station. Other witnesses had testified that they had not seen the applicant being physically assaulted. According to the forensic medical examination, the applicant’s injuries could have been inflicted between 7 and 8 a.m. or later on 31 October 2004. On 17 February 2009 a forensic medical expert, B., had testified during the reconstruction of events that if the applicant’s version of events had been true, then he would have sustained more serious physical injuries. It was therefore concluded that the police officers had committed no crime.", "48. The applicant challenged that decision before more senior prosecutors, but to no avail. By letter of 11 December 2009, the General Prosecutor’s Office informed the applicant that, following the investigation, it had been established that on 31 October 2004 he had approached four police officers and started to insult them and call them “black-shoulder-strappers”. He had also torn off the left shoulder strap of police officer L. Moreover, it had been established that the police officers had not used force against the applicant and that, on the contrary, the applicant had tried to kick one of the police officers in the groin while in the police station. Consequently, there were no grounds for overruling the decision of 2 April 2009.", "49. The applicant also instituted proceedings for damages against the Ananiyivskyy District Prosecutor’s Office, but to no avail, as his claims were rejected for failure to comply with procedural requirements." ]

[ "3" ]

[ 19, 21, 27, 30, 41 ]

[]

[ "6. According to the applicant, he is a Russian national, A.L., born in 1972. According to the Government, the applicant is a Chinese national, X.W., born in 1973. He lives in Elista.", "7. On 19 March 2014 the applicant was arrested in St Petersburg on suspicion of murdering a Chinese policeman in 1996. He was in possession of a Russian national passport in the name of A.L., born in 1972 in the Primorskiy region of Russia.", "8. On 21 March 2014 the Smolninskiy District Court of St Petersburg ordered the applicant’s detention until 17 April 2014, pending receipt of an official extradition request from the Chinese authorities. The District Court noted that the applicant had been identified by means of photographic comparisons as X.W., a Chinese national born in China in 1973. His name was on Interpol’s list of wanted persons. The Chinese authorities had issued an arrest warrant in his name dated 15 December 2011 from which it was apparent that he was suspected of a criminal offence under Article 232 of the Chinese Criminal Code. That offence was punishable by the death penalty, life imprisonment or at least three years’ imprisonment, and the limitation period was twenty years. The limitation period in respect of a comparable criminal offence in the Russian Criminal Code was fifteen years, but this was suspended if the suspect had fled from justice. The court further noted that a Russian national passport in the name of A.L. had apparently been unlawfully obtained by the applicant after he submitted false information to the competent Russian authorities. It was clear that he was not a Russian national but a Chinese national and could be therefore extradited to China.", "9. The Chinese authorities failed to submit an official extradition request within the thirty-day time-limit established by the Bilateral Treaty on Extradition of 26 June 1995.", "10. On 17 April 2014 the St Petersburg Transport Prosecutor ordered the applicant’s release. At the same time he noted that it was necessary to start administrative removal proceedings against the applicant on the grounds that his residence in Russia was unlawful.", "11. Despite the release order, the applicant remained in detention.", "12. On 18 April 2014 the St Petersburg transport police drafted a report on the commission by the applicant of an offence under Article 18.8 of the Administrative Offences Code (unlawful residence in Russia of a foreign national, see paragraph 47 below).", "13. On the same day, 18 April 2014, the Smolninskiy District Court found the applicant guilty of an administrative offence under Article 18.8 of the Code of Administrative Offences and ordered his administrative removal to China. The court took note of a letter dated 21 March 2014 by the Federal Migration Service which showed that it was impossible to establish whether or not the applicant was a Russian national. He had received a Russian national passport in the name of A.L. in 2000 after declaring that he had lost his previous passport, which had been issued in 1988. However, according to the Federal Migration Service, the allegedly lost passport never existed. The court further relied on the extradition case‑file, from which it was apparent that the applicant was in fact a Chinese national, X.W., rather than a Russian national A.L. Being a Chinese national, he was residing in Russia unlawfully without a valid visa or residence permit. The court noted that the applicant was sought by the Chinese authorities on suspicion of murder. He was therefore dangerous and it was necessary to sentence him to administrative removal from Russia. Lastly, the court observed that, although the applicant had a Russian wife, he did not have any children who were minors living in Russia. In such circumstances, and taking into account his dangerousness, the public interest outweighed his personal interest in maintaining his family life in Russia.", "14. The applicant appealed. He submitted, in particular, that his passport as a Russian national had never been cancelled and was therefore still valid. He further argued that his administrative removal was extradition in disguise. The fifteen-year limitation period established by Russian criminal law had expired and he could no longer be lawfully extradited to China. If he was administratively removed to China he would be immediately arrested and very probably subjected to the death penalty. His removal to China would therefore be in breach of Articles 2 and 3 of the Convention.", "15. On 24 April 2014 the Federal Migration Service found that the applicant was not a Russian national. He had obtained the Russian national passport in the name of A.L. unlawfully.", "16. On 28 August 2014 the St Petersburg City Court quashed the judgment of 18 April 2014, finding that the administrative offence report of 18 April 2014 had been procedurally defective, and remitted the case to the District Court for a new examination. These proceedings were later discontinued.", "17. On 29 August 2014 the Krasnoselskiy District police drafted a new report on the commission by the applicant of an offence under Article 18.8 of the Administrative Offences Code.", "18. On 30 August 2014 the Krasnoselskiy District Court of St Petersburg discontinued the administrative offence proceedings against the applicant, finding that the administrative offence report of 29 August 2014 had been procedurally defective.", "19. On 31 August 2104 the applicant was released. His passport, seized upon arrest, was not returned to him. He was served with a decision by the St Petersburg and Leningrad Region Interior Department, dated 29 August 2014, declaring the undesirability of his presence in Russia (the “exclusion order”) which read in its entirety as follows:\n“On 27 August 2014 the Interior Ministry of the Russian Federation decided that your presence (residence) in Russia was undesirable in accordance with section 25 of [the Entry and Exit Procedures Act]. You must therefore leave the Russian Federation before 3 September 2014.\nIf you do not leave before the stated deadline, you will be deported.\nIn accordance with section 27 of [the Entry and Exit Procedures Act], if a decision declaring the undesirability of an individual’s presence (residence) in the Russian Federation has been issued, that individual may no longer enter the Russian Federation.”", "20. The applicant challenged the exclusion order before the Smolninskiy District Court. He also complained that his passport had been unlawfully seized. He submitted that he could not cross the Russian border without a passport and could not therefore comply with the exclusion order by leaving Russia for another country. In these circumstances, the exclusion order would automatically entail his deportation to China. If he was deported to China he would be immediately arrested and very probably subjected to the death penalty. His deportation would therefore be in breach of Articles 2 and 3 of the Convention.", "21. On 12 November 2014 the Smolninskiy District Court found that the exclusion order had been lawful. It had been issued by a competent authority in accordance with the procedure prescribed by law and had been based on sufficient reasons. Given that the applicant was sought by the Chinese authorities on suspicion of murder, had been fined several times in Russia for driving offences and had lived in Russia unlawfully with an unlawfully issued passport, there were sufficient reasons to find that he represented a real threat to public order and security. The court further noted that the applicant did not dispute the above facts. The thrust of his complaint was that his deportation to China would expose him to a risk of being subjected to the death penalty that amounted to inhuman treatment. Those arguments could not, however, serve as grounds for annulling the lawfully adopted exclusion order. The court also held that the applicant’s argument that the exclusion order would automatically entail his deportation to China was unconvincing. Firstly, deportation was not automatic and required a separate administrative decision that could be challenged before a court. Secondly, the applicant had the possibility of avoiding deportation to China by leaving Russia for another country.", "22. The court further held that the seizure of the applicant’s passport in the name of A.L. had been lawful. By the decision of 24 April 2014 the Federal Migration Service had found that that passport had been issued unlawfully and that the applicant was not a Russian national. Those were lawful grounds for seizing a passport. The procedure prescribed by law had been respected.", "23. The applicant appealed. He submitted, in particular, that the domestic law did not require a separate administrative decision on deportation. The exclusion order alone constituted a sufficient legal basis for deportation and his failure to leave Russia before the stated deadline could therefore entail automatic deportation to China. He did not have any remedies with suspensive effect in such a situation. He further reiterated his argument that he could not leave Russia for another country because his passport had been seized by the authorities and he did not have any other identity documents. Lastly, he argued that his deportation to China would amount to a breach of not only Articles 2 and 3 of the Convention, but also of Article 8, because he was married to a Russian national.", "24. On 25 February 2015 the St Petersburg City Court upheld the judgment of 12 November 2014 on appeal, finding that it had been lawful, well-reasoned and justified. It added that a genetic test had established that the applicant’s genetic profile matched the genetic profiles of X.W.’s parents. There was therefore no doubt that the applicant’s real name was X.W. It further agreed with the District Court that the applicant could avoid deportation to China by leaving Russia for another country using his Chinese passport.", "25. From 18 April to 29 August 2014 the applicant was detained in a detention centre for aliens (Центр для содержания иностранных граждан) located in Krasnoye Selo in St Petersburg.\n(a) The applicant’s description", "26. From 18 to 21 April 2014 the applicant was held in a punishment cell. From 18 to 20 April 2014 he was handcuffed. The cell had no windows and was empty. It had no bunk or chair and the applicant had to stand or remain in the squatting position all the time. There was no lavatory bowl or running water. His requests to allow him to use the toilet were refused and he had to relieve himself in a plastic bottle. He was given food only once during that period but was anyway unable to eat it because of his handcuffs.", "27. On 21 April 2014 the applicant was transferred to solitary confinement cell no. 412 on the fourth floor where he remained until 2 July 2014. The cell measured 9 sq. m and was equipped with a bed, a bedside cabinet, a table, a sink and a lavatory bowl that stank. The window did not open so the applicant could not air his cell. The window was also covered with paint which blocked the daylight. The artificial lights were dim. The cell was damp and cold and the applicant had to sleep with his coat on. The cell was swarming with mice.", "28. From 2 July to 29 August 2014 the applicant was held in solitary confinement cell no. 413. The conditions of detention in that cell were similar to those in cell no. 412.", "29. Both cells nos. 412 and 413 were locked and the applicant remained alone all the time. Neither the other inmates nor the warders ever entered the cells. The cells were not equipped with a radio or TV set. The applicant was not given any books or newspapers. He was not allowed to use his mobile telephone. As he was in total isolation, he counted the days by drawing sticks on paper.", "30. It was not until 5 June 2014 that he was allowed to take walks in the yard. In particular, he was allowed to go out in the yard on 10, 11, 12, 14, 15, 17, 18, 21 and 30 June, 13, 7, 11, 13, 15, 19, 27 and 29 July and 3, 6, 9, 11, 12, 18, 21, 24 and 25 August 2014. The walks lasted between ten minutes and half an hour. The exercise yard measured 30 m by 8 m and was enclosed by a three-metre-high fence. The applicant was always alone in the yard.", "31. It was very difficult to get permission for family visits. He was allowed only four visits from his wife, each time for less than half an hour and in the presence of warders.", "32. The detention centre had no canteen and the food was brought from other detention facilities. It was always cold and did not contain any vegetable, fruit, meat or dairy products. The warders gave him food through a small window in the door. No drinking water was provided and the applicant had to drink tap water which was of poor quality.", "33. During his four-month stay in the centre the applicant was allowed to take a shower only five times. The water in the shower was cold. There was no laundry service and the applicant had to wash his clothes himself.\n(b) The Government’s description", "34. According to the Government, the applicant was held in cell no. 412 which measured 27.4 sq. m. The cell had windows, artificial light and central heating. It was equipped with a lavatory bowl, running hot and cold water, a bed, a bedside cabinet and a dining table.", "35. Inmates were provided with hot meals three times per day. They could walk in the exercise yard every morning in accordance with applicable regulations.", "36. The detention centre for aliens had a library which the applicant was allowed to use on request.", "37. The detention centre for aliens had no punishment cells and its warders never used handcuffs.", "38. On 29 August 2014 the applicant was transferred to an administrative detention cell at Krasnoselskiy District police station no. 9 where he remained until 31 August 2014.\n(a) The applicant’s description", "39. The applicant was placed in a cell at about 4.30 p.m. on 29 August. However, he remained handcuffed until 11.30 p.m. of the same day.", "40. The cell measured 3.75 sq. m. It had concrete walls and ceiling and no windows. There was an opening in the wall measuring 40 cm by 60 cm blocked by a metal sheet with ventilation holes.", "41. The cell was equipped with a narrow wooden bench. There was no table, chair, sink or lavatory bowl. The applicant was not given any food or water. He was not allowed to go to the toilet until about 1 p.m. on 30 August before a court hearing. He remained handcuffed from 1 to 5 p.m. on 30 August 2014 during the entire court hearing and until his return to the police station.", "42. The applicant’s representatives were not allowed to visit him.", "43. The applicant was released at about 4.30 p.m. on 31 August 2014.\n(b) The Government’s description", "44. The Government submitted the floor plan of police station no. 9. It is apparent from the plan that there were three administrative detention cells, two of them measuring 7.55 sq. m and one measuring 6.5 sq. m. Each cell was equipped with two benches. There was no other furniture and no lavatory facilities in the cell.", "45. The Government confirmed that the windows were blocked by metal screens with holes in them.", "46. According to the police officers’ statements, the applicant was given food but refused to eat it. He preferred to eat food brought by his wife. He was allowed to go to the police station toilet on request. The applicant was not handcuffed." ]

[ "2", "3" ]

[]

[]

[ "5. The applicant was born in 1985. He resides in Germany.", "6. At around 11 p.m. on 15 July 2005 an anti-tank mine exploded in the courtyard of a police station in Skopje, causing considerable material damage.", "7. On 16 August 2005 an investigating judge of the Skopje Court of First Instance (“the trial court”) ordered (Kri.br.308/2005 and ID.br.921/05) a search of the home and other property belonging to the applicant’s father and the father of F.R. (a co-defendant in the ensuing criminal proceedings, see paragraph 22 below), on account of a reasonable suspicion that relevant items of evidence relating to allegations of terrorism and trafficking in arms would be found.", "8. The search was carried out at 9.30 a.m. on the same day, in the presence of the applicant’s father and two neighbours, who acted as witnesses. According to the search record, which was signed by a police officer, the applicant’s father and the witnesses, the following objects were found: a semi-automatic weapon; a case containing nine bullets; ten TNT bullets; a slow-burning fuse and a detonator; an audio tape; CDs; six photographs of the applicant and a piece of paper with a map drawn on it. At the request of the applicant’s father, the search record indicated that he “does not know the origin of the objects found”, and at the request of the attending witnesses the record noted that they “had no comments to make on the work of the police officers”. A certificate of the seized objects was issued to the applicant’s father, which the latter signed.", "9. The police officer who had carried out the search submitted an official note, in which he listed all the above objects found in the house of the applicant’s father. The note stated, inter alia:\n“The wanted person [the applicant] was not found and according to his mother, he was on a visit, but (the mother) did not want to specify where.”", "10. The applicant’s father was taken to a police station for an interview. On that occasion he denied that weapons found in his house belonged to him. He stated that it was possible that they belonged to the applicant, whom he had not seen since 14 August 2005 at 8 a.m., when he (the applicant) had left his house.", "11. According to an official record (записник за задржување на лице) of the Ministry of the Interior, a copy of which was included in the file, at 12.30 a.m. on 16 August 2005 the applicant, who had no previous criminal record, was arrested near a department store in a suburb of Skopje by R.J. and P.M., police officers. The record stated the following reasons for his arrest:\n“(since the applicant) was not in possession of any identification document and his suspicious movement in the vicinity of buildings which are targets for criminal offences (објекти кои се цел на извршување на кривично дело).”", "12. At 12.45 a.m. he was taken to a police station, where he remained until 7 p.m. that day. As stated in the record, the applicant was informed about his rights; he waived the right to be represented by a lawyer; he had no visible injuries, nor were there any signs of illness, alcohol or drug addiction. The applicant signed all four pages of the record separately.", "13. At 7 p.m. on 16 August 2005 the applicant was brought before the investigating judge under suspicion of having been involved in the incident of 15 July 2005. According to the court record of that date, which was duly signed by the applicant, he understood the charges against him; he had sufficient command of Macedonian; he had waived the right to an interpreter; and he had stated that he would testify in the absence of a lawyer. In the presence of the investigating judge and a public prosecutor, the applicant stated, inter alia:\n“... (referring to the request for investigation) it is true that at 11.15 p.m. on 15 July 2005 I placed an explosive device, namely a round anti-tank mine, together with a fuse and a detonator, in the western part of the courtyard of a police station, B.P... I placed the explosive device, lit the fuse with a lighter, and immediately ran home ... R.S. gave me this explosive ... F.R. was with me all the time ... he was also with me when R.S. gave me the anti-tank device ... I would like to underline that it was a slow-burning fuse which was six to seven metres long; it took a long time to burn and to detonate the device ... I would also like to note that F.R. knew that I was going to place this anti-tank device in B.P. police station. I told him that after we had obtained the device from R.S ... F.R and I agreed to a proposal by R.S. (that we place the device in front of a police station) and went towards Skopje by taxi ... I borrowed an old car from neighbour B., telling him that I wanted to drive around. He lent me the car, which was not registered, and I (with F.R.) took the device and placed it on the floor behind the driver’s seat ... At 11.15 p.m. I left home and walked to this car; I took the anti-tank device ... and carried it as far as the B.P. police station, as I have described above, and then I detonated (the device). Some time after 10 pm. F.R. had called me to arrange to go and set up the device. Indeed, F.R. arrived ... and we both went to the car; we took the device together and we walked towards the B.P. police station. I was carrying the bag with the device. When I went into the police station F.R. left the scene: I do not know where he went. I went to the back of the police station and placed the device. Regarding weapons found in my house on the occasion of a search carried out by the police on 16 August 2005, I had in my possession a semi-automatic weapon with nine bullets; I do not know anything about the ten explosive items, the fuse or the detonator. I had stolen the semi-automatic weapon and the bullets... five days before the explosion in the B.P. police station... I was not carrying the weapon when I placed the device, and the phone that I had in my possession was switched off.”", "14. On that day the investigating judge delivered several decisions, by means of which he appointed D.N., a lawyer, to represent the applicant; found of his own motion that the applicant’s detention had been lawful; opened an investigation against the applicant, F.R. and R.S. (the latter was from Kosovo)[1]; he also ordered that they be detained on remand for thirty days. All the decisions contained an instruction on legal remedies. They were served on the applicant the same day. They were delivered to his lawyer the next day. No appeal was submitted against any of these decisions.", "15. On 19 August 2005, on the occasion of a regular visit of a judge responsible for the execution of sentences to Skopje detention centre, the applicant asked to give evidence before the investigating judge. On the same day, the investigating judge heard oral evidence from the applicant in the presence of the court-appointed lawyer and the public prosecutor. As indicated in the transcript of the hearing of that date, signed by the applicant, he stated, inter alia:\n“I called you because on 16 August 2005 I was beaten and intimidated by the police to force me to testify. I was under duress to testify and threatened with being killed after leaving the prison. All the names they mentioned are unknown to me. I know nothing about the case of which I am accused. I have never been in conflict with the police and I have no idea what a bomb is. Regarding the home search, this is false evidence. There were no weapons or explosives there. That’s all. I agree to be represented by the court-appointed lawyer who is present at the moment. I would like to say that I have not been placed under any pressure by the court. I was just afraid and in a panic due to my previous stay in the police station. Actually, I was afraid when giving the statement ... I must say that everything I said on 16 August 2005 before the judge I was told to say by the police, and was put under strong pressure to do so. All the charges against me are false. I did not commit that crime.”", "16. Asked by the public prosecutor to explain why he had not told the investigating judge previously that he had been placed under pressure and beaten by the police, the applicant stated:\n“They did beat me, and I was under strong pressure not to tell anything to the judge.”", "17. He further stated:\n“They were beating me all the time while I was at the police (додека бев во полиција). I had (visible) injuries, but I could not say anything to the judge, as the police had told me not to.”", "18. The investigating judge then requested the applicant to take off his clothes and show the injuries he had. As noted in the transcript, the investigating judge described the injuries as follows:\n“A yellow-brown bruise on the left upper arm, 7 cm long, in an irregular triangle shape; a dark-red bruise can be seen on the left buttock, 15 cm long, with an irregular rectangular shape. The accused complained of severe pain in his feet, but the court cannot see any injury there ... Light-yellow bruises on both left and right thighs, 15 cm long with an irregular oval shape. No other injuries can be seen.”", "19. On the same day the investigating judge ordered an immediate expert examination of the applicant to determine the type, origin and date of the injuries.", "20. At 5 p.m. on that day two experts (Z.C. and G.P.) of the Forensic Institute (Институт за Судска Медицина) examined the applicant in the detention centre. In a detailed expert report dated 19 August 2005, the experts noted bruises (twenty-seven in number) on the applicant’s back, chest, stomach, both arms and legs and the left buttock (no injuries were noted on the applicant’s feet). According to the report, the bruises were mostly green and violet in colour. The report further explained that after seven days a bruise became green, and after two weeks yellow. It went on to state that:\n“Having regard to (the applicant’s) statement that he had sustained the injuries while he was detained in the police station on 16 August 2005, we can say that, given the noted characteristics of the (applicant’s) injuries, especially their greenish colour, they (the injuries) could not have been inflicted on 16 August 2005. This is because only three days have passed between then and 19 August 2005, the date of the medical examination, and bruises could not acquire such a greenish colour in only three days. More precisely, the injuries noted during the examination are older, and date from at least seven days before the examination.\nGiven their characteristics, the bruises are mostly external (површински), except in the area of the left buttock, where there is more intensive bruising.”", "21. The medical report concluded that the injuries sustained by the applicant had been inflicted by a “blunt dynamic force”. As regards the injuries to the applicant’s arms, the experts stated that they were the result of pressure exerted by parts of a body, including hands. While they could not determine the exact means by which the remaining injuries had been inflicted, they nevertheless specified that they had been caused by beatings. The injuries were to be regarded as bodily injuries.", "22. On 9 September 2005 the public prosecutor lodged an indictment against the applicant and F.R. on terrorism charges. On 26 September 2005 an indictment on the same charges was lodged against R.S.", "23. At a hearing held on 8 November 2005 the trial court decided to consider both indictments in one set of proceedings. According to depositions taken on that date, the applicant, who was represented by a lawyer of his own choosing, stated, inter alia, that:\n“The accusations described in the indictment, which I contest, are wrong. At about 10.45 p.m. on 12 August 2005, 300 metres in front of my house ... members of special (police) forces jumped on my back and put me in a car ... they took me to a forest, I do not know exactly where ... When they abducted me, there were fourteen or fifteen of them ... In the forest there was a change of driver, and they hooded me and drove me far away in a different direction. We arrived in a house, where they unhooded me; it was a luxurious house. I was told to sit on a chair; uniformed people wearing masks and others in plain clothes arrived. They asked me if I knew why I had been brought there, to which I replied that I had not done anything wrong. They started insulting me ... four people started beating me with plastic bottles and a rubber tube. I stayed in the house for three days. During that time, while my hands and legs were handcuffed, I was held under water in a swimming pool. A big man was trying to force me to confess about the police station, to which I replied ‘to confess what about the police station?’. When they took me out of the pool, other people continued beating me. They ordered me to admit that I had placed the bomb in the B.P. police station. I told them that I had not done that ... they also brought a dog into the house. The dog did nothing to me. They held me under water in the pool three or four more times ... I believe that we were in Veles ... The same uniformed men, who wore masks, brought me [near the department store in Skopje, see paragraph 11 above] and told me to go home. There were other people around. I was wet and could not walk. Men in plain clothes without uniforms or masks handcuffed me and took me to K. police station. They slapped me twice and started interrogating me about the bomb in B.P. police station. I told them that I knew nothing ... They asked me if I knew R.S. and F.R., and I said that I did not know them. I stayed in K. police station from 15 August to the night of 16 August, when they brought me before the investigating judge. I note that while I was in the house in Veles I was given a blank paper which I had to sign because they had beaten me. In Veles I think I signed three blank papers and I’m sure that I saw those papers in the police station changing hands between police officers. The investigating judge also showed them to me. When the judge had them they were no longer blank, but I don’t remember what was written on them. In Veles I was told to say ‘admit that you placed the bomb and we will let you go, we will take you home’.\nOn 16 August 2005 ... I could not tell the investigating judge that police officers had threatened me, because they had said they would kill my family. What I said to the investigating judge on 16 August 2005 was what I had been told to say by the police officers in Veles. What I said to the investigating judge was invented by the police officers ... I want to say that I was afraid because while in Veles I heard screams and voices saying ‘we caught his father’, so I was convinced that they had captured and tortured my father. I was further told by the police that they had apprehended and taken my father to P. police station, that they had found weapons in my house, and that my father had admitted that they belonged to him. That was a stratagem of the police.”", "24. The applicant further denied that he knew F.R. He said:\n“This is the first time I have seen him. I do not know him; I do not know where he lives, I know nothing about him. I do not know R.S. nor have I ever heard about him ...”", "25. He further stated:\n“On 16 August 2005 the investigating judge asked me about weapons, a gun, and some missiles. I was shocked. The investigating judge told me that all those items had been found in my house. I saw the certificate regarding items which had been seized. I do not know who signed it ... (after the certificate was shown to him): the investigating judge did not show this certificate to me. I saw it then for the first time. The signature on it does not belong to my father. The items that the judge read aloud from the certificate had not been found in my house ... [The accused was shown a note referring to Greater Albania and he said]: Maybe I wrote that, I do not remember. Maybe someone from the school wrote it. It was found in my house. I drew it, it was a game. The words that are on the map, I am confused; the words 2010 Jihad, Rida; the interpreter says that the following is written on the map: Greater Albania, Jihad, Ilirida State, Allah Aqbar ... maybe I found this map and maybe I drew it. I do not know what that map means, it was a game ...”", "26. The applicant denied that he had spoken on his mobile phone with F.R. and R.S. His phone had been seized by the police while he was in Veles. He confirmed that on 15 July 2005 he had been in possession of his mobile phone and denied that R.S. had called him that day. He further stated:\n“... that day (15 July 2005) ... when I was sitting with my friends, we heard an explosion. Everyone went outside to see what had happened. I had some visitors. Someone said a bridge had collapsed, later someone said that a missile had been launched against B.P. police station ... At 11 p.m., the time of the explosion, I was in my neighbourhood. When the explosion happened, I did not have my mobile phone - it was charging. When I arrived home, I saw that there were no missed calls.”", "27. Asked by the public prosecutor why he had not revealed, during his examination on 19 August 2005, that he had been abducted on 12 August 2005 and about the subsequent sequence of events, the applicant stated:\n “I did not tell the investigating judge, because I was told by police officers in Veles that I should not say anything. What I said today, I also said on 19 August 2005, but the judge did not note it ... I signed the record (of 19 August 2005), but I did not read it. I do not know why the judge did not note down the whole event in Veles and then in K. police station ...”", "28. The applicant further named four individuals, including a certain A.A. and S.A., with whom he had allegedly been at the critical time on 15 July 2005. In this connection he asked the court to examine those witnesses.", "29. After the court read out his statement of 16 August 2005 given in the pre-trial proceedings, the applicant confirmed the part of that statement indicating that he had been threatened by the Intelligence Service to force him to make the statement.", "30. The applicant’s father stated that the police had searched his house in his absence and that he had been forced to sign the search record and the certificate of seized objects. He confirmed that the map of Greater Albania belonged to the applicant. Lastly, he stated that on 15 July 2005, at the time of the explosion, the applicant had been in the house.", "31. At a hearing of 29 November 2005, the applicant was shown the map of Greater Albania, which the applicant confirmed that he had found at his school. He was further shown photographs of himself wearing a military uniform and carrying a machine gun. In this connection the applicant stated that the photographs had been taken on the occasion of a religious holiday when it had been possible, for a certain price, to be photographed wearing such a uniform.", "32. The trial court also heard oral evidence by A.A. and S.A. A.A. stated, inter alia:\n“On 15 July 2005, as on any other night, we met friends outside our doors, because it was very hot. That night [the applicant] was with us ... That night (the following were present) I, S., M.J., as well as A. ... At about 11 p.m. we were outside. At 11.20 p.m. or 11.30 p.m. we were all outside, including S.A. I want to say that many other people were there as well. Then, there was an explosion, everybody went out, we did not know what was going on. At the time of the explosion, [the applicant] was with us ... Ten minutes later someone came out of the house saying he had seen on television that a bomb had exploded at B.P. police station. We stayed there talking. [The applicant] was there as well. On 12 August 2005 we noticed that [the applicant] was absent. He was not there on the 13th either. On 13 August 2005 [the applicant’s] father told us that [the applicant] had been arrested. There were rumours that he had been arrested in connection with the explosion at the police station. That is why I agreed to testify as a witness, to say that [the applicant] did not do it. No one asked me to testify. I volunteered to do it ... I gave a list of everyone who was there that night with [the applicant] to [the applicant’s] father. I gave him that list after [the applicant] had been arrested ... We wanted to vouch that [the applicant] had been with us and that he had not done it.”", "33. On being asked by the public prosecutor how he remembered that the applicant had not been there on 12 August 2005, A.A. said:\n“Since [the applicant] was normally there every night and was not there that night, his friends were wondering where he was; his friends noticed his absence; I learned about it from them.”", "34. S.A. also confirmed that at the critical time on 15 July 2005 the applicant had been outside his house talking with other people. He stated, inter alia:\n“That night [the applicant] was with us; he stayed out other nights as well, but I cannot say whether it was every night, because I go out only some nights ... I cannot say exactly whether it was 11 p.m. or 11.15 p.m. when we heard a very loud explosion ... We were standing in front of [the applicant’s] house after midnight, until 1 a.m. ... (the applicant’s) father asked me to testify as a witness... He asked me if I would like to testify in court that (the applicant) had been with us that night; I agreed.”", "35. On 27 December 2005 Z.C., the expert doctor who had carried out and signed the medical report regarding the applicant’s injuries of 19 August 2005 (see paragraph 20 above), gave oral evidence before the trial court in the presence of the accused and their representatives. He explained the recovery process of a bruise and its colour changes. He confirmed the veracity of the written report and that the applicant’s injuries had been inflicted at least seven days (or two to three days more than that) before the date of examination.", "36. The applicant’s lawyer stated:\n“I do not contest the expert report regarding the injuries specified therein and their colour.”", "37. At a hearing on 12 January 2006 the public prosecutor made the charge specific, and also accused the applicant and F.R. of trafficking in arms.", "38. On 17 January 2006 the trial court convicted the applicant, F.R. and R.S. (in absentia) and sentenced them to eleven, ten and twelve years’ imprisonment respectively. The applicant was found guilty of terrorism and trafficking in arms under Articles 313 and 396 of the Criminal Code (see paragraphs 50 and 51 below). The court further ordered confiscation of the semi-automatic weapon, nine bullets and ten explosive items from the applicant. The convicts were also ordered to compensate for the damage sustained. An indefinite expulsion order (протерување странец од земјата засекогаш) was issued in respect of R.S. The court established that the applicant and F.R., together with R.S., were responsible for the explosion of 15 July 2005 in the B.P. police station, the aim of which was to endanger the constitutional order and public safety.", "39. In the judgment, which runs to thirty-one pages, the court reproduced and analysed the statements that the applicant had given in the pre-trial proceedings (16 and 19 August 2005) and at the trial (8 November 2005), as well as the medical report dated 19 August 2005 and the oral evidence of the expert of 27 December 2005. Noting that the applicant’s statements were inconsistent, the court gave weight to his confession statement of 16 August 2005, finding that it contained a clear, complete and logical description of the events of the critical date. It was given in accordance with the law: the applicant had been informed of his rights, and he had read the written transcript of the court hearing and had signed it. It held that that statement was consistent and reliable, because the applicant had given a chronological description of the events; he had also given a detailed description of the device, the place and the means by which he had detonated it, which corresponded to the experts’ reports regarding the incident. The statement of 16 August 2005 was also corroborated with a detailed list of calls on the mobile phones confiscated from the convicted individuals, which confirmed that there had been intense communication between them before and after the incident.", "40. The court further established that in the statement of 19 August 2005 the applicant had retracted his confession of 16 August 2005, which he had stated had been given under duress, namely that he had been beaten on that date by police while detained in the police station. On the basis of that testimony, the investigating judge had ordered an expert examination of the applicant. The experts, relying on medical science and practice, had established that the applicant’s injuries had been inflicted at least seven days before the date of the examination (19 August 2005). Accordingly, the injuries had not been inflicted on 16 August 2005 when he had been arrested and detained; they had therefore not been inflicted by the police.", "41. The court went on to say that after the expert examination the applicant had concocted another version of the events he had presented in his statement of 8 November 2005. In that statement the applicant had given another description of events, namely that he had not been detained on 16 August 2005 and beaten up in the police station, but that on 12 August 2005 the police had abducted and detained him in a luxurious house in Veles; that he had been held under water in a swimming pool; tied up; and beaten, to make him confess to the crime. The court held that nothing suggested, as implied by the defence, that there had been two periods of detention, the first unlawful (12-16 August) and the second (16 August 2005), lawful. The court held, referring to the decision of the investigating judge (see paragraph 14 above), that the applicant had been detained on 16 August 2005 in accordance with the law.", "42. It further found that no evidence had been presented that the applicant had been arrested by the police on 12 August 2005 and ill-treated in a house in Veles. That version of events, according to the court, was fictional and invented in order to match the date when the injuries had been inflicted, as established in the expert report. The court held that the applicant’s statements of 19 August and 8 November 2005 were inconsistent and implausible. In his testimony of 19 August 2005 the applicant had made no comment as regards his alleged abduction on 12 August 2005 and interrogation in Veles. Contrary to the applicant’s argument that he had been scared and confused when he had given his confession statement on 16 August 2005, the court record of his questioning of that date suggested no disorder or lack of capacity for rational perception. Had the investigating judge noticed any indication of unsafety, fear, panic or lack of capacity on the part of the applicant, he would have terminated the questioning.", "43. Lastly, the court concluded that the applicant’s confession statement of 16 August 2005 coincided with the motives for committing the crime and the intention to provoke fear and unsafety. The drawing of the map of Greater Albania and photographs of himself wearing military uniform and carrying weapons found in the applicant’s possession confirmed his political determination to create an imaginary, non-existent entity by 2010 through jihad. The court examined the evidence produced by A.A. and S.A., but dismissed it as unreliable, for the following reasons: the witnesses were neighbours of the applicant; the applicant’s house was in the immediate vicinity of the B.P. police station where the explosive had been placed, which had allowed him to leave the scene without being noticed; they had been instructed to provide alibis, but their statements were incoherent.", "44. The applicant appealed against the judgment to the Skopje Court of Appeal. He submitted, inter alia, that he had been convicted on the basis of unlawfully obtained evidence, namely his testimony of 16 August 2005, which had been given under duress. That the applicant had been subjected to police brutality was confirmed by his injuries described in the expert report of 19 August 2005. Besides that medical evidence and his clear description of events as to what had happened between 12 and 16 August 2005, he could not produce any other evidence to support his allegations of abduction and ill-treatment. He further complained that he had not been legally represented when he had given the statement of 16 August 2005, notwithstanding that legal representation was obligatory. Lastly, he contested the lawfulness of the search of his father’s house.", "45. At a public session held on 2 June 2006, Skopje Court of Appeal, sitting in a five-judge panel, upheld the trial court’s judgment and dismissed the applicant’s appeal. The court stated:\n“The complaints (that the applicant’s conviction had been based on his confession statement given under duress) were the subject of a complete and careful review by the adjudicating panel, which found them unsubstantiated. The trial court did not commit a substantive violation of procedural rules ... since there had been no evidence that (the applicant’s) statement of 16 August 2005 before the investigating judge had been given under duress; ill-treatment; physical assault; or threats. That this statement was lawful was explained by the trial court in detail (on ten pages)...\nThe trial court, after examining all three statements of (the applicant), gave weight to his statement of 16 August 2005 given before the investigating judge, as lawfully obtained and reliable evidence. The statement of 16 August 2005 is clear; it provides a reasonable description of the entire incident; it gives a chronological account of all details of the manner and place he had met the other two co-defendants; of all activities and preparations pre-dating the incident; of the means by which the crime had been committed; also a description of the device; the length of the fuse; the role of the co-defendants R.S. and F.R.... Details regarding the place where the device had been placed, which could have been known to the applicant as the perpetrator of the crime, matched the on-site examination report; there were also photographs, as well as the expert reports regarding the nature and description of the explosive device and the place where it had been placed...\n(The applicant) gave his testimony of 16 August 2005 before the investigating judge, the public prosecutor and a court interpreter, without the presence of the police; he was advised of all his rights under the Criminal Proceedings Act, including the right to remain silent and the right to an attorney; which (the applicant) waived. That he confessed to the crimes was not the result of external pressure or threats, but an act of acceptance and remorse for the unlawful actions.”", "46. As regards the right of the applicant to be legally represented at his questioning before the investigating judge on 16 August 2005, the court held that notwithstanding that he had been informed of his right to mount a defence, including the right to an attorney, he had clearly stated that he would give his testimony without a lawyer. He did not mention to the investigating judge that he was in any particular mental state or that he was otherwise unfit to testify. After the investigating judge had ordered the applicant’s pre-trial detention, a court-appointed lawyer was appointed (see paragraph 14 above). That had been done in compliance with section 66 of the Criminal Proceedings Act (see paragraph 53 below). The search warrants had been issued, and the search records had been duly signed by the applicant’s father and the attending witnesses who had attested to the lawfulness of the search carried out in the house of the applicant’s father (see paragraphs 7 and 8 above).", "47. The applicant and F.R. appealed against these judgments by means of a request for extraordinary review of a final judgment, which the Supreme Court, with a judgment of 14 February 2007, allowed in part and dismissed the indictment regarding trafficking in arms, which, as found by the Supreme Court, had not been submitted in accordance with the law. The court upheld the lower courts’ judgments in the remaining part and dismissed the applicant’s complaints that his conviction had been based on unlawfully obtained evidence (the statement of 16 August 2005) given allegedly under duress. The court ruled that the lower courts had examined, but nevertheless dismissed, that complaint, providing sufficient reasons for their judgments. The court concluded that the applicant’s conviction had not been based solely on his testimony of 16 August 2005. It rested also on other documentary and verbal evidence, which had been communicated to the defence.", "48. On 7 March 2007 the applicant lodged with the public prosecutor’s office a criminal complaint in which he alleged that he had been subjected to police brutality. In the complaint the applicant outlined his statements given on 16 and 19 August and 8 November 2005, as well as the expert report regarding his injuries admitted in evidence in the criminal proceedings against him. He alleged that an unidentified perpetrator had tortured him. He attached a copy of the medical expert report and the court record of 19 August 2005, as well as a copy of the trial court’s judgment.", "49. As no action was taken regarding his criminal complaint, on 25 May 2010 the applicant approached the public prosecutor’s office, seeking that measures be taken to bring those responsible to justice, but he received no reply from the public prosecutor." ]

[ "3", "6" ]

[ 2, 3, 4, 5, 9, 10, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 ]

[]

[ "5. The applicant was born in 1977 and lives in Kranj.", "6. He was detained in the remand section of Ljubljana prison from 26 May 2010 to 6 November 2012.", "7. For one day he was held in cell no. 89 measuring 16.63 square metres (not including a separate 1.68 square metre sanitary facility) with four other inmates, with 3.33 square metres of personal space.", "8. For seven hundred and eighty-three days he was held in cell no. 82 measuring 16.37 square metres (not including a separate 1.82 square metre sanitary facility). For three hundred and eighty-two days he was held therein with four other inmates with 3.27 square metres of personal space and for one hundred days he was held therein with five other inmates with 2.73 square metres of personal space. For three hundred and one days he shared the cell with two or three other inmates with more than 4 square metres of personal space.", "9. For one hundred and eleven days he was held in cell no. 88 measuring 16.37 square metres (not including a separate 1.82 square metre sanitary facility). For thirty-six days he was held therein with four other inmates with 3.07 square metres of personal space and for fifty-eight days he was held therein with three other inmates with 3.84 square metres of personal space. For seventeen days he shared the cell with two other inmates with more than 4 square metres of personal space.", "10. The cells for six detainees, where the applicant was held, were equipped with three bunk beds with a total of six sleeping places, one large and one small table, six chairs and a set of cupboards for each of the detainees. Detainees could freely open or close windows in cells. On 14 November 2011 the sixth bed was removed.", "11. As regards the general characteristics of the cells in the remand section of Ljubljana prison, material conditions inside the cells and sanitary conditions, see the judgment in Mandić and Jović v. Slovenia, nos. 5774/10 and 5985/10, §§ 10 to 23, 20 October 2011.", "12. As to the out-of-cell time in the remand section, the Court found in the aforementioned judgment that detainees in the remand section were confined to their cells day and night, save for two hours of daily outdoor exercise, and an additional two hours per week in a recreation room (see Mandić and Jović, cited above, § 78). According to the information supplied by the Government in the present case, on 9 February 2011 the time spent outdoors was extended to two hours and a half per day and in November 2011 the outside yard was covered by a roof. From 2 July 2012 detainees could spend five hours per day out of their cells.", "13. As regards the cell temperature, the data provided by the Government showed that the average temperature in the cells in the late afternoon (5- 5.30 p.m.) in July and August 2010 had been approximately 27.5oC, exceeding 30oC on eight days, in July and August 2011 approximately 27oC, exceeding 30oC on ten days and in July and August 2012 it had been approximately 28.6oC, exceeding 30oC on eleven days." ]

[ "3" ]

[ 7, 8 ]

[]

[ "5. The first applicant was born in 1945 and lives in Barcelona.", "6. On 25 April 2005 the Justice of the Peace of the 3rd Court Circuit of the Kirovskiy District of Astrakhan dismissed the applicant’s action against the Astrakhan Regional Military Commissariat in which he sought the increase of monthly pension and military-related benefits.", "7. On 29 June 2005 the Kirovskiy District Court of Astrakhan quashed the judgment on appeal and granted the first applicant’s action in part, awarding him a lump sum of 49,215 Russian roubles. The judgment became final.", "8. On 28 February 2006 the Presidium of the Astrakhan Regional Court, by way of supervisory-review proceedings, quashed the judgment of 29 June 2005 on the ground of incorrect application of substantive law by the Kirovskiy District Court and upheld the judgment of 25 April 2005.", "9. The second applicant was born in 1939 and lived in Ozersk, Russia. She was the widow of Mr Lev Gayev who died of cancer in 1985.", "10. On 1 June 2005 the Tsentralnyy District Court of Chelyabinsk acknowledged that Mr Gayev had been exposed to radioactive emissions following a nuclear accident at the Mayak power plant in 1957.", "11. In August 2006 the applicant sued the Ozersk Social Security Office for the monthly compensation in connection with the loss of the breadwinner.", "12. On 17 October 2006 the Ozersk Town Court of the Chelyabinsk Region rejected her claim on the ground that she failed to show that she had been financially dependent on her husband on the day of his death.", "13. On 4 December 2006 the Chelyabinsk Regional Court quashed this judgment and partly granted the applicant’s claim. It held that the Ozersk Social Security Office should pay the applicant monthly compensation to be determined in accordance with law.", "14. On 25 July 2007 the Presidium of the Chelyabinsk Regional Court, by way of supervisory review, quashed the appeal judgment of 4 December 2006 and remitted the matter to the appeal court, noting that the lower instance court did not duly examined evidence and made wrong application of the substantive law.", "15. The judgment of 4 December 2006 was executed between 1 March 2007 and 1 August 2007.", "16. On 27 August 2007 the Chelyabinsk Regional Court held a new appeal hearing and rejected the second applicant’s claim." ]

[ "P1-1", "6" ]

[]

[]

[ "6. The applicants were born in 1983, 1984 and 1974 respectively and are currently detained in the Corradino Correctional Facility (Paola, Malta).", "7. The first applicant was arraigned in court on 8 May 2012 and was remanded on the same day on drug-related charges. He is currently in pre‑trial detention.", "8. The first applicant submitted that in May 2012 when he arrived in prison he had been placed in Division 6, a disciplinary division with very strict standards and no privacy. No one spoke his language in that division. He was eventually moved to Division 13, where again no one spoke his language. The applicant alleged that items belonging to him had been stolen and the prison authorities had ignored his complaints, as a result of which he went on hunger strike for three days between 11 and 13 June 2012 (the latter action is indicated in the applicant’s medical records submitted to the Court). According to the Government, from the official records (which were not submitted to the Court) it did not appear that the applicant had ever complained about the matter to the prison authorities.", "9. After two weeks the first applicant was transferred to Division 3. The records held by the prison authorities show that he is currently being held in cell no. 152, which is situated in Division 3. This division is located in the older section of the prison building that has undergone various stages of upgrading and renovation. However, the possibilities for further improvements are limited owing to the manner in which the building is constructed, such as with high windows and thick walls.", "10. The first applicant has been occupying cell no. 152 as sole occupant.", "11. The applicant submitted that in order to make his cell habitable he had had to paint it himself and equip it with proper lighting. By the Government’s admission, the painting of cells appears to be the normal procedure amongst inmates and the paint is provided by the authorities free of charge. However, the Government contended that the cell had already been equipped with artificial lighting, which was dealt with by the prison electrician, not inmates.", "12. There are two ventilators and a window in cell no. 152. The wall‑mounted ventilator measures 20 cm by 15 cm and is covered by a rectangular piece of cardboard and there is another smaller ventilator in the ceiling. The applicant submitted that when it rained, water would pour in through the wall-mounted ventilator, which he considered was simply a hole in the wall, and which was covered by cardboard to stop the wind entering in the winter months – in consequence it rendered the room devoid of any ventilation.", "13. The cell has a window, behind which are two iron grids and a third layer of exterior iron bars. The window consists of both a perspex section that allows daylight to enter and a wooden part. Both sections can in principle be opened and closed from within the cell. The window is situated at a height of 250 cm and measures 76.5 cm in width by 46 cm in height. According to the Government (and from the photographs submitted) the window in cell no. 152 is always kept closed by the occupant, despite the fact that he could open and close it by climbing onto the bed. The applicant submitted that windows in other divisions were much lower.", "14. In his cell, in order to attempt to open the window he had to stand on the sink and reach for the lock by means of a piece of wood. The window, once opened, had to be kept open by means of some support, such as a metal or wooden plank, which was not usually allowed in prison. The applicant, who is of a heavy build, is unable to open such a window without the help of other lighter inmates. The Government contested that allegation, arguing that the window could be opened by using a tool (a two-foot arm) which is available to inmates for opening and closing windows as necessary. In any case, the applicant could climb onto the bed to open and close the window.", "15. Lighting in cell no. 152 consists of a ceiling light and two wall‑mounted portable lamps, which may be moved about throughout the cell as required (both 25 Watts).", "16. According to the first applicant, there was often no running water in the cell and any water was surely not potable. However, according to the Government, running water was available in each cell, including cell no. 152 (photographs submitted), and Maltese tap water flowing through the Corradino Correctional Facility was certified for human consumption, as outlined by the certificate issued by the Director of Environmental Health, dated 24 January 2014, submitted to the Court. Furthermore, according to the Government, each division was equipped with a purified potable water system, which could be accessed by all inmates.", "17. Inmates are also permitted to buy bottled water from the tuck-shop (a pack of six bottles cost 2.10 euros (EUR) or EUR 0.35 per bottle). Every inmate is given “gratuity” money for such purchases amounting to EUR 27.95 monthly. The first applicant received EUR 117 as gratuity money during 2012 and EUR 363.35 during 2013. Inmates are also given the opportunity to work against a nominal payment of EUR 18.63 monthly. The first applicant received EUR 13.39 during 2012 and EUR 242.19 during 2013 for his work.", "18. The Government admitted that there was no combined flushing toilet system installed in Division 3 due to the nature of the structure of the building, so inmates had to flush their own personal toilet by means of a water bucket provided within each cell. To this end, there were wall-mounted water taps in order to fill the buckets with water. Combined flushing toilets were available in the new part of the prison. The first applicant alleged that there was often no running water for flushing.", "19. All inmates have access to showers at divisional level and no cell is provided with an in-cell shower. Furthermore, all inmates can use the showers numerous times daily, for as long as necessary; the showers are open for approximately twelve hours a day. However, the first applicant claimed that there were only three shower cubicles, one of which had no running water but just a plastic bottle of water, while another did not have a showerhead. Thus, only one of the showers was functional. The Government contested that allegation, arguing that sometimes the showers were damaged by the inmates. Other inmates fixed them temporarily until the authorities in turn fixed the outlets appropriately.", "20. According to the first applicant, hot water was often not available in winter and frequently no water was available in summer. He submitted that complaints about the lack of water were often made to the prison guards, but they were not noted down. The Government submitted that water supply was available all year round. The same applied to hot water, which was however subject to short time lags until the water reheated whenever the water was running continuously. The authorities also made available an external water supply in the event of shortages (particularly in summer, when water bowsers were brought in to increase the water supply).", "21. According to the Government, no cell in any part of the prison building (either the old block or the new block) is equipped with a heater. During summer, the inmates are allowed fans to cool down their cells. The first applicant has two fans in his cell.", "22. According to the photographs submitted, the state of cell no. 152 was tidy.", "23. Inmates were permitted to purchase other non-essential items for their cells, including televisions or monitors, DVD players, or game consoles upon request. The first applicant’s requests have all been granted.", "24. The first applicant claimed that his cell was damp and humid. According to the Government, an inspection of cell no. 152 conducted by prison officials detected no mould in the cell.", "25. The first applicant alleged that he had been asked to pay for his own medication, but as he had been unable to pay, he had remained in pain. The Government submitted that he had been in receipt of various medicines provided free of charge through the Public Health Service (PHS) in line with Regulation 31 of the Prisons Regulations (Subsidiary Legislation 260.03). According to the records held by the authorities (submitted to the Court), it also transpired that the first applicant had been visited eleven times by a doctor between 27 August 2012 (following the applicant’s admission on remand) and 30 December 2013. On eight occasions, the prescription of medicines had been required and in fact twelve medicines had been provided to the applicant. Those medicines were supplied by the PHS except for the Bioflor sachets, where a generic alternative was provided instead. It transpires that the applicant has not made any purchases relative to “self-recommendations” (the non-acceptance of generic medicine against branded medicine, see paragraph 53 below).", "26. The first applicant claimed that he had not been allowed to make telephone calls at 12.15 p.m., which was the only time he could reach his relatives.", "27. The Government referred to the relevant regulations (see Relevant Domestic Law, paragraph 56 below) but stated that in practice, all inmates were allowed any number of calls between 9.30 a.m. and 11.45 a.m. As from 1 January 2014 the times were changed to between 8.30 a.m. and 11.45 a.m. and between 2 p.m. and 8 p.m. Inmates who work were granted a specific period between noon and 12.15 p.m. No calls could be made between 12.25 p.m. and 2 p.m., during which time inmates were confined to their cells.", "28. Inmates are given two EUR 5 telephone cards every month on the first day of the month. The first applicant has been in receipt of those cards since his arrival in prison. From the records held by the authorities it also transpires that the applicant availed himself of the opportunity to call abroad using his cards on average 4.5 times a day during the period 1 January to 6 February 2014. This refers to calls lasting a minimum of three minutes. Shorter calls were also made. A detailed analysis of the calls lasting more than three minutes shows that seventy-six of them lasted over ten minutes, while some lasted over twenty minutes. In terms of the time during which the calls were made, fifty (30% of the calls) were registered during the morning between 9.08 a.m. and 11.58 a.m., while the remaining 117 calls (70%) were registered between 2.30 p.m. and 7.54 p.m. It also transpires that the applicant has availed himself of incoming call times ranging from 10 a.m. to 12.11 p.m. (69% of the calls were registered between 22 May 2012 and 7 December 2013). The rest of the calls (31%) were registered between 2.05 p.m. and 6.44 p.m. He received thirty-five incoming calls in 2012 and 175 in 2013. According to the Government the applicant has never submitted a written request to the director for permission to make calls at 12.15 p.m.", "29. The second applicant is currently serving a term of imprisonment for drug‑related offences. He was sentenced to nine years’ imprisonment and fined EUR 23,000 by the Criminal Court on 5 December 2013.", "30. From the prison authorities’ records, it transpires that the second applicant is being held in cell no. 130, situated in Division 3 of the Corradino Correctional Facility. While the applicant complained of a lack of living space in the dormitories of ten persons (sic.), the Government argued that he had been occupying the said cell as sole occupant. It does not appear that he has made any prior complaint about his cell or any specific aspect of his detention to the prison authorities, nor has he requested to change cell.", "31. The complaint and the general conditions of detention pertaining to the second applicant are the same as described in respect of the first applicant (above), with a few differences as set out below.", "32. The second applicant submitted that he generally left his window open. He claimed that it was not possible to open the window by climbing onto the bed. The window was situated 1.5 metres above the sink, and thus it was only by standing on the sink that one could open it. Lighting consisted of a ceiling light and one wall-mounted portable lamp, which he had purchased himself – he had not requested an additional lamp, although inmates were in fact allowed two lamps.", "33. According to the second applicant there was often no running water in the cell. However, according to the Government, tap water was available in each cell, including cell no. 130 (photographs submitted).", "34. The second applicant received gratuity money amounting to EUR 293.44 during 2012 and EUR 363.35 during 2013, as well as EUR 130.41 during 2012 and EUR 242.19 during 2013 for work carried out by him.", "35. The second applicant submitted that he had two fans in his cell. He claimed that in winter the cold was terrible and made him ill. He maintained that he often did not have bed linen or blankets, sometimes not even a bed to sleep on. The Government contested the allegation, asserting that each inmate, including the second applicant, was provided with two sets of bed linen and two blankets, that further blankets were available on request and that beds were a staple in every cell. No record of such a complaint had been found by the Government.", "36. According to the Government, the second applicant kept his cell in a disorderly and unkempt state. When the prison authorities, through the correctional supervisor, had brought this to the applicant’s attention, he had replied that the mess was due to his ongoing personal family troubles and he promised to clean his room.", "37. The second applicant’s requests for non-essential items have all been granted.", "38. A part of cell no. 130 shows signs of dampness, which produces mould (approximately one square metre as transpires from a photograph submitted). The applicant submitted that the photograph was not realistic and that in reality there was mould in a larger part of the cell. This had given him asthma, a condition he had never suffered from before.", "39. The Government pointed out that the second applicant had been in receipt of various medicines provided free of charge through the PHS. According to the Government, it transpires from the records held by the authorities that he had been visited forty-three times by a doctor between 5 October 2011 (date of the applicant’s admission on remand) and 23 January 2014. On twenty-nine occasions, prescriptive medicines had been required and in fact fifty medicines had been provided to him. Those medicines had been supplied by the PHS, except for a specific shampoo, where a generic alternative had been provided instead.", "40. The second applicant claimed that he had had to purchase some medicines himself. However, according to the Government, that was a choice made by the applicant himself. From the records held by the authorities, it transpires that a number of “self-recommendations” (see paragraph 53 below) were registered on the applicant’s behalf. They concerned ear drops to remove ear wax, Voltaren gel, a number of vitamins and Daktarin powder.", "41. Lastly, the second applicant claimed that he had been made to take medicine without any explanations, and that he was not allowed access to the yard.", "42. On 30 January 2012 the Criminal Court sentenced the third applicant to twelve years’ imprisonment and to a fine of EUR 23,000 for drug‑related offences.", "43. From the prison authorities’ records, it transpires that the third applicant is being held in cell no. 137, which is situated in Division 3. At the time of the introduction of the application he had been in Division 3 for three years and ten months. He has been occupying the said cell as sole occupant. He has never made any complaint relative to his cell or to any specific aspect of his detention to the prison authorities, nor has he requested a transfer from one division to another. The general conditions of detention pertaining to the third applicant are the same as for the other two applicants (above), with a few differences as set out below.", "44. According to the third applicant, there was only one ceiling ventilator in his cell, which he claimed did not work. The Government contested that statement. The applicant submitted that there were two portable lamps –the ceiling lamp was controlled centrally and could not be switched on or off as needed. From the photographs submitted it appears that cell no. 137 is kept in a relatively tidy state. The third applicant has been allowed to acquire other non-essential items in the cell. He claimed that they did not require authorisation. He also alleged that one of his personal fans had been removed from his cell after the photographs had been taken. The Government submitted that apart from the ceiling fan, the applicant had another fan in his cell, and that only one box fan per inmate was allowed.", "45. According to the Government, an inspection of cell no. 137 conducted by the prison officials did not detect any mould. However, the third applicant submitted that there was some 50 cm of mould around his sink.", "46. The third applicant also complained of a lack of running water (contested by the Government) and flushing toilet system. He claimed that the lack of water, particularly the inability to flush the toilet, created unhygienic conditions. Also, the relevant equipment to clean the room was not provided. He alleged that he had been regularly sick because of the tap water in his room and that the doctor had told him that he should not drink it. The Government submitted that according to the doctor’s report (submitted to the Court), the applicant had never complained of bowel problems or complained to the doctor about the tap water. Nor had it been substantiated that he had received such a reply from the doctor. The applicant pointed out that the result of the tests carried out by the Government had not referred to water collected in his room, as no water had been collected.", "47. The third applicant received EUR 101.28 as gratuity money during 2011, EUR 363.55 during 2012 and EUR 363.35 during 2013. He also received EUR 18.63 during 2011, EUR 111.78 during 2012 and EUR 93.15 during 2013 (between August and December 2013) for work he had carried out.", "48. The third applicant also received various medicines provided free of charge through the PHS. From the records held by the authorities it also transpires that he was visited thirty-one times by a doctor between 26 April 2011 (following the applicant’s admission in detention on remand) and 21 January 2014. On fifteen occasions, the prescription of medicines was required and in fact twenty-eight medicines were provided to him. Those medicines were supplied by the PHS, except for cold-relief tablets and a cream, for which a generic alternative was provided. It transpires that two “self-recommendations” were registered on behalf of the applicant: a pain killer and a cream which was only available free of charge through the PHS if it had been prescribed by a consultant dermatologist, which was not the case for the applicant." ]

[ "3", "34" ]

[ 18, 19, 20, 21, 22, 29, 32, 39 ]

[]

[ "5. The applicant was born in 1964 and lives in the Lipetsk Region.", "6. From 20 May 2008 to 17 July 2008 the applicant was held in the IZ‑44/1 remand prison in the Kostroma Region in connection with the criminal proceedings against him.", "7. According to the applicant, the three cells in which he was held were severely overcrowded. Cell no. 5 measured eight square meters, was equipped with four sleeping places and accommodated up to seven inmates. Cell no. 7 also offered eight square meters of floor surface, was designed for six detainees but housed up to seven inmates. Finally, cell no. 25 measured twenty-four square meters, had fourteen sleeping places and accommodated up to twenty-five persons.", "8. According to the Government, the applicant had been held in cells nos. 7 and 25. Cell no. 7 measured 14.3 square meters and accommodated three detainees, while cell no. 25 measured 29.2 square meters and housed up to seven detainees. The applicant had an individual sleeping place in both cells.", "9. In support of their submissions the Government provided certificates issued by the remand prison governor in June 2012, written statements by prison warders signed on 13 and 18 June 2012, undated photographs, and pages from the prison population register which recorded, for each day, the number of sleeping bunks and the number of inmates in each cell, and the total number of inmates in the remand prison.", "10. On 20 October 2008 the applicant sent his first letter to the Court. It contained, in particular, his complaint about allegedly appalling conditions of his detention in the IZ-44/1 remand prison.", "11. By letter of 14 November 2008 the Registry sent an application package to the applicant, informing him as follows:\n“You must send the duly completed application form and any necessary supplementary documents to the Court as soon as possible and at the latest within six months of the date of the present letter. No extension of this period is possible. If the application form and all the relevant documents are not sent within the above period, the file opened will be destroyed without further warning.”", "12. On 4 May 2009 the applicant dispatched the application form which reached the Registry on 10 August 2009." ]

[ "13", "3" ]

[ 2 ]

[]

[ "5. The applicant was born in 1985 and lives in Ljubljana.", "6. He was detained in the remand section of Ljubljana prison from 1 June 2011 to 16 July 2012.", "7. He was held in cell no. 82 measuring 16.37 square metres (not including a separate 1.82 square metres sanitary facility). For two hundred and twelve days he was held therein with four other inmates with 3.27 square metres of personal space and for nine days he was held therein with five other inmates with 2.73 square metres of personal space. For one hundred and ninety days he shared the cell with two or three other inmates with more than 4 square metres of personal space.", "8. The cell for six detainees, where the applicant was held, was equipped with three bunk beds with a total of six sleeping places, one large and one small table, six chairs and a set of cupboards for each of the detainees. Detainees could freely open or close windows in cells. On 14 November 2011 the sixth bed was removed.", "9. As regards the general characteristics of the cells in the remand section of Ljubljana prison, material conditions inside the cells and sanitary conditions, see the judgment in Mandić and Jović v. Slovenia, nos. 5774/10 and 5985/10, §§ 10 to 23, 20 October 2011.", "10. As to the out-of-cell time in the remand section, the Court found in the aforementioned judgment that detainees in the remand section were confined to their cells day and night, save for two hours of daily outdoor exercise, and an additional two hours per week in a recreation room (see Mandić and Jović, cited above, § 78). According to the information supplied by the Government in the present case, on 9 February 2011 the time spent outdoors was extended to two hours and a half per day and in November 2011 the outside yard was covered by a roof.", "11. As regards the cell temperature, the data provided by the Government showed that the average temperature in the cells in the late afternoon (5-5.30 p.m.) in July and August 2011 had been approximately 27oC, exceeding 30oC on ten days and in the second half of June and the first half of July 2012 it had been 30oC, exceeding 30oC on twelve days." ]

[ "3" ]

[ 5, 6 ]

[]

[ "5. The applicant was born in 1948 and lives in Dnipropetrovsk.", "6. On 18 October 2010 the applicant lodged with the Dnipropetrovsk Amur‑Nyzhnyodniprovskyy District Court (“the District Court”) an administrative claim against the Department of the Pension Fund for the Dnipropetrovsk Amur‑Nyzhnyodniprovskyy District (“the defendant”) seeking an increase in his pension based on the rise in the average wages in the country since his retirement.", "7. On 1 December 2010 the District Court, having considered the applicant’s claim by way of an abridged administrative procedure, allowed the claim. In the judgment it was pointed out that any appeal must be lodged by the appellant within a period of ten days following their receipt of a copy thereof.", "8. The defendant received a copy of the judgment on 27 December 2010.", "9. The defendant lodged its first appeal with the District Court on 13 January 2011 and did not request an extension of the time-limit for appeal.", "10. On 11 April 2011 Judge N. of the Dnipropetrovsk Administrative Court of Appeal (“the Court of Appeal”) dismissed the defendant’s appeal on the grounds that it had been lodged after the time-limit for appeal had expired and the defendant had failed both to explain the reasons for the late lodging of the appeal and to submit a request for an extension. The ruling stated that it could be appealed against before the Higher Administrative Court. The defendant did not appeal.", "11. On 1 June 2011 the District Court, at the applicant’s request, issued a writ of enforcement confirming that the judgment had become final on 11 April 2011.", "12. With effect from 1 August 2011 the defendant complied with the judgment and increased the applicant’s pension.", "13. On 17 June 2011 the defendant lodged a second appeal with the District Court. By letters of 21 June and 5 July 2011 the District Court forwarded the case file, including the appeal and its copy for the applicant, to the Court of Appeal. The case file gives no indication of any steps to follow up on the matter.", "14. On 15 August 2011 the defendant lodged a third appeal, requesting that the Court of Appeal extend the time-limit for its submission. As grounds for its request the defendant stated that it “had begun the process of appealing against” the District Court’s judgment on 31 December 2010.", "15. On 26 October 2011 Judge N. of the Court of Appeal scheduled a hearing for 26 January 2012 to examine the question of extending the time-limit for appeal.", "16. According to a summons dated 26 October 2011[1] addressed to both the applicant and the defendant, they were summoned to attend a hearing of the Court of Appeal on 26 January 2012 at which the court was to examine the applicant’s request for an extension of the time-limit for appeal. The summons included the warning that failure to appear would not prevent the Court of Appeal from examining the matter.", "17. It is apparent from the domestic case file that no other document was added to it between 26 October 2011 and 26 January 2012.", "18. On 26 January 2012 a panel of the Court of Appeal, presided over by Judge N., extended the time-limit for appeal, stating that the defendant had missed the deadline for “valid reasons”. The Court of Appeal recounted the sequence of events in the case from 1 December 2010 to 15 August 2011, found it established that the first appeal had been lodged outside the time-limit, namely on 13 January 2011, and observed that the defendant had requested the extension because it had received a copy of the judgment only after the time-limit for appeal had already expired.", "19. On 27 January 2012 Judge N. of the Court of Appeal ruled that appeal proceedings be opened, that copies of the ruling be sent to the parties, and that the applicant be sent a copy of the appeal and be invited to provide his reply.", "20. According to a summons dated 30 January 2012 and addressed to both the applicant and the defendant, they were summoned to attend a hearing of the Court of Appeal on 13 June 2012 at which the court was to examine the appeal. This summons also contained the warning that failure to appear would not prevent the Court of Appeal from examining the matter.", "21. On 13 June 2012 the Court of Appeal quashed the judgment of 1 December 2010 and rejected the applicant’s claim, holding that the first-instance court had erred in its interpretation of the relevant legislation governing pensions.", "22. On 27 November 2012 the defendant sent a letter to the applicant informing him that his pension had been reduced in accordance with the decision of the Dnipropetrovsk Court of Appeal of 13 June 2012.", "23. On 12 December 2012 the applicant lodged a complaint with the prosecutor’s office for the Dnipropetrovsk Amur‑Nyzhnyodniprovskyy District alleging that Judge N. had intentionally failed to inform him about the appeal proceedings.", "24. On 29 December 2012 the prosecutor’s office made an entry in the Unified Register of Pre-Trial Investigations to investigate the suspicion that offences of delivering of an intentionally unjust court decision and of failure to enforce a court decision may have been committed.", "25. On 17 May 2013 the prosecutor’s office decided to discontinue the investigation concerning the applicant’s complaint. The prosecutor’s office found, in particular, that the defendant had dispatched the original appeal against the judgment of 1 December 2010 on 31 December 2010 that is to say within the time-limit. As to the applicant’s allegations that he had not been informed about the reopened appeal proceedings, the prosecutor’s office noted that the case file contained copies of court summonses dated 26 October 2012 and 30 January 2012.", "26. On 21 May 2013 the District Court and on 27 May 2013 the Dnipropetrovsk Regional Court of Appeal upheld the prosecutor’s decision." ]

[ "6" ]

[ 6, 7 ]

[]

[ "5. The applicant was born in 1956 and lives in Lublin.", "6. The parties gave partly different descriptions of certain factual elements of the case concerning the “dangerous detainee” regime (see paragraphs 42-45 below). The remaining facts were not in dispute.", "7. The applicant has a history of criminal convictions. For several years he was sought by the law-enforcement authorities pursuant to a “wanted” notice.", "8. On 6 May 2005 an international search warrant was issued against the applicant on the reasonable suspicion that he had committed, as a member of an organised criminal group, several counts of robbery, extortion, uttering threats, causing bodily harm and placing an explosive with intent to damage property. Earlier, on 4 May 2005 the Lublin District Court had also ordered that the applicant be remanded in custody for a period of fourteen days.", "9. On 24 November 2005 the applicant was arrested by the Italian police.", "10. On 21 December 2006 the applicant was handed over to the Polish authorities.", "11. On 28 December 2006 the Lublin District Court (Sąd Rejonowy) remanded him in custody, relying on the reasonable suspicion that he had committed, as a member of an organised criminal group, several counts of robbery, extortion, uttering threats, causing bodily harm and placing an explosive with intent to damage property. It attached importance to the serious nature of those offences and the likelihood of a heavy prison sentence being imposed on the applicant. The court also considered that keeping the applicant in detention was necessary in order to secure the proper conduct of the proceedings, given the risk that he might abscond. With regard to the latter possibility, the court relied on the fact that he did not have a permanent place of residence in Poland and that he had already been hiding from the police. Finally, the court emphasised that the applicant was a member of an organised criminal group and that certain other members of that group were still at large, which increased the risk that the detainee, if released, might obstruct the proceedings.", "12. The applicant’s appeal against the detention order, like his further appeals against decisions extending his detention and all of his subsequent, numerous applications for release and appeals against refusals to release him, were unsuccessful.", "13. On 19 March 2007 the Lublin District Prosecutor lodged a bill of indictment with the Lublin District Court. The applicant was charged with several counts of robbery, extortion, uttering threats, causing bodily harm and placing an explosive with intent to damage property. The bill of indictment comprised numerous charges against five defendants.", "14. During the court proceedings the authorities further extended the applicant’s pre-trial detention on 14 September 2007 (to 20 December 2007) and 17 December 2007 (to 20 March 2008). The courts repeated the grounds previously given for the applicant’s continued detention. They also found no grounds warranting the applicant’s release from detention as provided for by Article 259 of the Criminal Code.", "15. On 7 March 2008 the Lublin District Court convicted the applicant as charged and sentenced him to nine years’ imprisonment and a fine.", "16. The applicant appealed. He was kept in detention pending his appeal.", "17. On 30 January 2009 the Lublin Regional Court (Sąd Okręgowy) heard the applicant’s appeal. It quashed the first-instance judgment and remitted the case. The court also extended the applicant’s pre-trial detention to 30 April 2009, repeating the grounds previously given.", "18. On 27 February 2009 the case file regarding the applicant’s case was transmitted to the Lublin District Court for re-trial.", "19. On 7 April 2009 the Lublin District Court requested the Prosecutor to complete the bill of indictment. However, on 25 June 2009 the Lublin Regional Court quashed that decision, remitted the case to the District Court and ordered it to proceed with the trial.", "20. On 30 April 2009 the Lublin District Court further extended the applicant’s detention to 30 July 2009, repeating the grounds previously given.", "21. On 9 July 2009 the Lublin District Court extended the applicant’s pre-trial detention to 30 October 2009. The applicant lodged an interlocutory appeal against this decision. On 23 July 2009 the Lublin Regional Court quashed the District Court’s decision, finding that it had been taken by a judge who should have been excluded ex lege from deciding in the applicant’s case.", "22. On 24 July 2009 the Lublin District Court, in a different composition, again extended the applicant’s pre-trial detention to 30 October 2009. The court further extended the applicant’s detention on 27 October 2009 (to 30 January 2010), 22 January 2010 (to 30 April 2010), 21 April 2010 (to 31 July 2010), 16 July 2010 (to 31 October 2010), 28 October 2010 (to 31 January 2011), 12 January 2011 (to 30 April 2011) and 28 April 2011 (to 31 July 2011). On each occasion the court repeated the grounds previously given and found no grounds warranting the applicant’s release from detention as provided for by Article 259 of the Criminal Code. In addition, the court observed that while it appeared from medical reports that the applicant was suffering from various health problems, treatment could be provided within the penitentiary facility.", "23. In its decision of 19 November 2009 dismissing the applicant’s appeal against the decision of 27 October 2009 extending the applicant’s detention, the Lublin Regional Court addressed the applicant’s argument that his detention had exceeded the reasonable time requirement referred to in Article 5 § 3 of the Convention. The court cited the relevant provisions of the Convention and held that taking into consideration the complexity of the case and the fact that the applicant had been charged with numerous and various offences committed in cooperation with other persons the detention, although considerably long, had not exceeded the “reasonable time” within the meaning of the Convention. The court also considered that “detention was indispensable because, other, less severe preventive measures would not properly secure their aim”.", "24. In the meantime, on 16 November 2009 the Lublin District Court examined the applicant’s request for release and dismissed it. The court relied on the same grounds as previously albeit it additionally observed that the applicant had no permanent place of residence in Poland that he had been previously convicted and once, when he had been granted home leave during his sentence, he went into hiding abroad. In Poland he used a fake passport. The court considered that in these circumstances and taking into account that the applicant still had an outstanding sentence to be served in Poland, there was a reasonable fear that he might abscond or go into hiding. The court concluded that other preventive measure, not involving deprivation of the applicant’s liberty, would not secure the proper conduct of the proceedings.", "25. On 5 May 2011 the Lublin District Court convicted the applicant. The applicant appealed.", "26. On 28 February 2012 the Lublin Regional Court again quashed the first-instance judgment and remitted the case.", "27. Since 17 December 2010 the applicant has been serving a prison sentence imposed on him in another set of criminal proceedings.", "28. On 4 May 2011 the applicant lodged a complaint with the Lublin Regional Court under section 5 of the Law of 17 June 2004 on complaints about a breach of the right to an investigation conducted or supervised by a prosecutor and to a trial within a reasonable time (Ustawa o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu przygotowawczym prowadzonym lub nadzorowanym przez prokuratora i postępowaniu sądowym bez nieuzasadnionej zwłoki) (“the 2004 Act”). He claimed that the proceedings had commenced in 2005 and were still pending. He sought an acknowledgement that the proceedings had been lengthy and just-satisfaction in the amount of PLN 10,000.", "29. On 26 May 2011 the Lublin Regional Court dismissed the applicant’s complaint. The court did not accept the applicant’s view that the proceedings had lasted since 2005. It examined only the course of the proceedings after 27 February 2009, stating that the applicant’s complaint could only refer to the current stage of the proceedings, i.e. after the Lublin Regional Court had remitted the case to the Lublin District Court and had duly transmitted the case file. As regards the period after 27 February 2009 it considered that the proceedings before the trial court had been conducted with the requisite speed, especially given the complexity of the case. In particular, the court observed that the hearings had been held frequently and at regular intervals and that only a few had been adjourned for reasons not imputable to the trial court. It further observed that at the request of the applicant, on 24 May 2010 four witnesses who had their permanent place of residence in Italy were summoned to be heard at the hearing on 9 July 2010. The four summons were returned with notes “addressee unknown”. On 9 July 2010 the applicant indicated a Polish address of one of these four witnesses. The court adjourned the hearing until 25 August 2010 and summoned the witnesses again. On 25 August the court heard one witness; the remaining three failed to appear. On the same day the applicant requested the court to hear another witness who had been deprived of his liberty in the United Kingdom. The court granted the request and decided that the witness in question be heard through the consular office. The court also observed that there had been objective difficulties in appointing expert witnesses of several specialities and that some of the expert reports obtained were incomplete and had to be returned for rectification.", "30. On 3 January 2007 the Lublin Remand Centre Penitentiary Commission (Komisja Penitencjarna) classified the applicant as a “dangerous detainee”. It considered that this was necessary in view of the fact that he was charged with numerous offences against human life and health. The commission also referred to the applicant’s serious lack of moral character and the fact that he was a recidivist. Finally, the commission emphasised that the applicant had already escaped twice from custody and had been hiding from the police for several years.", "31. Every three months the commission reviewed, and upheld, its decision classifying the applicant as a “dangerous detainee”. The commission underlined that the initial grounds for imposing the special confinement measure were still valid.", "32. The applicant appealed to the Lublin Regional Court against the decisions extending his status as a “dangerous detainee”. All his appeals were dismissed. In particular, the court gave decisions on 5 June 2008, 29 January and 10 June 2009. The authorities relied on the grounds set out in the initial decision. They laid particular emphasis on the risk posed by the seriousness of the offences and the fact that the applicant had already escaped previously from custody and had been in hiding for several years.", "33. On 17 July 2009 the Head of Lublin Remand Centre ordered that the applicant be placed in solitary confinement for a period of 14 days as a disciplinary punishment, after he had refused to undergo a strip-search. The applicant asked the Head of Lublin Remand Centre to reconsider his decision. The penalty was implemented between 18 July and 1 August 2009.", "34. On 24 August 2009 the Head of Lublin Remand Centre upheld his original decision, stating that it had been well-founded in view of the applicant’s refusal to strip and his aggressive behaviour towards the prison guards who were to perform a body search. The applicant appealed.", "35. On 23 September 2009 the Lublin Regional Court dismissed the applicant’s appeal, arguing that the impugned decision had been lawful and as such could not be contested before the court.", "36. On 17 December 2009 another disciplinary punishment was imposed on the applicant: he was refused permission to receive any food packages. The punishment was imposed on the applicant for allegedly aggressive behaviour prior to a full strip-search (kontrola osobista) on 13 December 2009.", "37. As a “dangerous detainee”, the applicant was subjected to a full body search every time he entered or left his cell, which meant that he had to strip naked in front of three prison guards and was required to carry out deep knee-bends at least twice a day.", "38. On several occasions the applicant complained about the full strip‑searches. In particular, on 19 October 2010 he complained about a strip‑search of 13 October 2010. In reply, the Lublin Regional Inspectorate of Prison Service, after verifying the circumstances of this check, confirmed that it had been carried out in accordance with the relevant procedures.", "39. The applicant’s visiting rights were also severely restricted. According to the list of visits submitted by the Government, which was not contested by the applicant, between 22 December 2006 and June 2012 the applicant received visits on 94 occasions. However, between 22 December 2006 and 10 December 2007 the applicant did not receive any visits. On 11 December 2007 he received a visit from his defence lawyer. From 14 April 2008 he was visited by his sisters, initially once a month and subsequently, after August 2008, twice a month. Furthermore, the applicant could leave his cell for one hour of outdoor exercise per day in a 16m² courtyard surrounded by walls.", "40. Between 2007 and 2010 the applicant made many requests to the prison authorities, asking them to allow him to take part in training sessions, workshops, courses or other sports activities organised for the other inmates. All those requests were rejected.", "41. On 25 November 2010 the dangerous detainee status was lifted. The prison authorities stressed that the applicant’s attitude had improved significantly and that he did not raise any security concerns.", "42. In respect of the full strip-search, the applicant submitted that during periods when he had been detained in a cell with another inmate, the strip-search had been carried out in the cell, and consequently had occurred not only in the presence of at least three prison guards, but also in the presence of the other inmate.", "43. The Government argued that the strip-searches had been performed in an adequately furnished separate room, which was monitored; the recording could be viewed in a duty room. Any recordings from the surveillance system had been automatically deleted after 7 days.", "44. The applicant further maintained that whenever he was outside his cell, including during his appearances at court hearings and medical visits, he had been required to wear the so-called “joined shackles” (kajdany zespolone) on his hands and feet.", "45. However, the Government argued that the applicant had been required to wear “joined shackles” only outside the Lublin Remand Centre and that inside the prison he had merely been handcuffed.", "46. On 7 June 2009 the applicant asked the prison authorities to allow him to vote in the European Parliament elections, in the polling station set up for that purpose within the confines of the prison. After carrying out a basic body search with a metal detector, the prison guard took the applicant to a separate room and ordered him to strip naked. As the applicant refused to do so, requesting the guard to allow him to vote without undergoing a full strip-search, he was taken back to his cell without being allowed to vote.", "47. On 8 June 2009 the applicant complained to the Lublin Regional Court that he had to undergo a strip-search and that consequently he had not been allowed to vote. His complaint was referred to the Head of the Lublin Remand Centre.", "48. On 16 July 2009 the Head of the Lublin Remand Centre dismissed the applicant’s complaint. He stated that as a ‘dangerous detainee’ the applicant was subjected to a body search every time he entered or left his cell. Since the applicant had refused to undergo a full strip-search on 7 June 2009 while being taken to the prison polling station, the guards had to take him back to his cell. Later that day the applicant was again asked whether he wished to participate in the elections but he refused, stating that he would not strip naked.", "49. On 16 July 2009 the Head of the Lublin Remand Centre confirmed that all detainees who wished to participate in the parliamentary elections on 21 October 2007 had voted.", "50. On 21 December 2006 the applicant was sent to the Warsaw Remand Centre. From 3 January 2007 he was detained in the Lublin Remand Centre. He was subsequently detained in the Radom Remand Centre and then again in the Lublin Remand Centre.", "51. The applicant suffers from hyperthyroidism, asthma, severe back pain, bilateral epididymal cysts and hypertension. During his detention in the Lublin Remand Centre he received pharmacological treatment. He also underwent a thyroid ultrasound (on 13 May 2008) and a testicular ultrasound. He also consulted specialist doctors.", "52. On several occasions he complained about the delay in obtaining appointments with specialists. In reply, he was informed on 5 February 2009 that the waiting time for specialist consultations had been similar to that for the population in general.", "53. The applicant submitted that throughout his detention he was held in conditions which fell below the basic levels of hygiene. He also alleged that his cell in Lublin Remand Centre had had no ventilation, had little natural light, poor artificial lighting and was badly furnished.", "54. The applicant submitted three envelopes from correspondence received from his sister, bearing an illegible signature and the stamps “censored on 1 July 2010”, “censored on 12 July 2010” and “censored on 6 August 2010” respectively. In respect of the letter censored on 12 July 2010, an authorisation to receive a package containing copies of the court case files and the applicant’s medical records had been issued by the Head of the Penitentiary Department of Lublin Remand Centre and was attached to the envelope. A similar authorisation to receive a copy of the court case files had been issued in respect of the letter censored on 6 August 2010 and was also attached to the envelope.", "55. On 6 September 2010 the Lublin District Prosecutor instituted criminal proceedings against the medical and nursing staff of the hospital ward of Lublin Remand Centre, for making false statements and forgery of the applicant’s signature.", "56. On 29 April 2011 the Lublin District Prosecutor discontinued the proceedings." ]

[ "5", "P1-3", "3", "8", "6" ]

[ 5, 6, 8, 9, 10, 12, 17, 18, 19, 22, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41, 45, 46 ]

[]

[ "5. The first two applicants were born in 1974 and 1953 respectively. The first applicant is a journalist working for the daily newspaper Rzeczpospolita and the second applicant was, at the material time, its editor‑in‑chief. The third applicant is Gremi Media sp. z o.o. (at the material time Presspublica sp. z o.o.), the publisher of Rzeczpospolita. It is a limited liability company represented by the chairman of its board of directors, Mr P. Bien, and its vice chairman, Mr R. Dobrzyński. Its registered office is in Warsaw.", "6. The facts of the case, as submitted by the parties, may be summarised as follows.", "7. In October 2004 the Polish government submitted a draft amendment to the Tax Act (Ordynacja Podatkowa) to the Sejm[1]. During the drafting process various bodies and individuals, including the National Council of Legal Advisers (Krajowa Rada Radców Prawnych), were invited to submit their comments. Their opinion was prepared by Ms D.S., a former senior civil servant, who was a well-known expert on tax law and a member of its legislative committee. She further acted as an expert and adviser at meetings before the parliamentary finance subcommittee where amendments to the Tax Act were being examined. One of the amendments proposed by the Council to section 181, and defended by Ms D.S. at the meetings, consisted of limiting what could be used as evidence in tax proceedings to material collected in criminal proceedings, but only once they had been concluded. The law as it stood did not contain such a limitation and allowed, for instance, material collected in a pending criminal investigation to be used as evidence. Her proposal was accepted by the subcommittee and later by the Sejm and, together with other amendments to the Tax Act, entered into force on 1 September 2005.", "8. On 14 and 15 September 2005 the first applicant wrote three articles describing the possible consequences of the amendment to section 181 of the Tax Act, the legislative process leading to its adoption and the role that Ms D.S. had apparently played. One of the articles contained comments made by Ms D.S. and featured her photograph.", "9. The first applicant and another journalist analysed the recordings of all the parliamentary finance subcommittee meetings during which amendments to the Tax Act were discussed. Two articles which appeared in Rzeczpospolita on 14 September 2005 contained transcripts of the subcommittee’s meeting of 17 February 2005 at which the section 181 amendment was discussed. The journalists interviewed Mr J.K., a Member of Parliament who chaired the subcommittee, Mr M.W., an appellate prosecutor and Ms D.S. Their statements were quoted in the articles, as was a statement made by an unidentified member of the government during the subcommittee meeting.", "10. The first article, “Mafia pays no taxes” (Mafia nie zapłaci podatków), appeared as a cover story on 14 September 2005. The subheading and an excerpt from the article read as follows:\n“[Subheading] Two words introduced to the new Tax Act have paralysed the prosecution of the petrol mafia, Rzeczpospolita has discovered. Our investigation reveals who changed the law and when it was changed. However, even we do not know why the government did not take any action.\n...\n[text] Some days ago, the newest version of the Tax Act, enacted by the Sejm in June, entered into force. Problems then started. Because of one provision in the law, cooperation between the tax and prosecution authorities has been totally blocked... Such cooperation has so far led to successful prosecutions in many high-profile cases, such as those concerning the battle against the petrol mafia.”", "11. The article also explained that the amendment to section 181 of the Tax Act limited what could be used as evidence in tax proceedings to only material collected in criminal proceedings which had already been concluded. This was a real setback for the tax authorities, who could no longer rely on evidence the prosecution had been collecting in proceedings which were pending. According to the author of the article, such an amendment could prolong the tax authorities’ effective investigation into tax evasion for many years, until the criminal courts arrived at their final decision in a case.", "12. The second article, which had the headline “Mafia to pay no taxes” (Mafia podatków nie zapłaci) appeared on page 5 of the same edition of Rzeczpospolita of 14 September 2005. It featured a photograph of Ms D.S. The wording of the article, in so far as relevant, read as follows:\n“[subheading]The amendment to the Tax Act which made it harder to prosecute the petrol mafia was introduced during a subcommittee meeting – Rzeczpospolita has established.\n...\n[text] As we have established, the above-mentioned amendment to section 181 [of the Tax Act] was proposed by Ms D.S. of the National Council of Legal Advisers during a subcommittee meeting on 17 February. Strictly speaking, it was outside her remit as she is not a member of parliament. However, she was an adviser to the subcommittee and warmly encouraged MPs to introduce the amendment, even though no such change had been proposed. Ms D.S., a former senior civil servant at the Ministry of Finance, and today counsel at a prestigious law firm, received support from the subcommittee chairman and even a government representative...\nMs D.S., in an interview for Rzeczpospolita, argues that her intention was to protect the interests of the taxpayer....\n[Question:] ‘You have changed the legal system, but you are not a member of parliament or the government. Was it your idea?’\n[Answer:] ‘I believed that the wording of the legal provision in question was incorrect. It had to be changed.’”", "13. On 15 September 2005 Rzeczpospolita published the third article, which had the headline “Dubious law to be changed” (Zmienią podejrzane prawo). In so far as relevant, it stated as follows:\n“[Subheading] This cannot be. The Deputy Minister of Finance is outraged after Rzeczpospolita disclosed the story behind the change in the law which has helped the petrol mafia.\n...\n[Text] The Deputy Minister [S.S. ...] is surprised by [how] the unfortunate amendment was introduced. ‘It is unacceptable’, he says. ‘I have the Tax Department’s backing that this amendment should be corrected immediately.”", "14. The article included quotes from interviews with two Deputy Ministers and one official, all from the Ministry of Finance. It also contained a paragraph describing the recent developments in several ongoing investigations against the petrol mafia.", "15. On 12 October 2005 Ms D.S. lodged a claim for the protection of her personal rights against all three applicants, seeking compensation in the amount of 200,000 Polish zlotys (PLN), the equivalent of approximately 50,000 euros (EUR).", "16. On 17 August 2007 the Warsaw Regional Court dismissed her claim. It established that both the journalist who had written the articles and the editor-in-chief had been diligent in collecting information for all three of them. The articles in question reflected the evidence submitted by the defendants both in form and in content. The amendment to section 181 of the Tax Act had indeed been proposed by Ms D.S., as she had been invited to represent the National Council of Legal Advisers during the finance subcommittee’s deliberations on the draft law. Had she not voiced her opinion regarding the need to amend section 181, the amendment would most probably not have been introduced. The court stressed that since the claimant had voluntarily entered the public domain, she should respect the rights of others, in particular journalists, to criticise her actions. The first applicant, while preparing material for the articles, had had access to draft laws, legal opinion on those drafts, the finance committee’s minutes, recordings of the subcommittee’s deliberations and interviews with prosecutors, from which he took quotations. The court thus concluded that information provided by the defendants had been truthful and collected diligently.\nThe court considered that the incident described by the defendants had been a very important matter of public interest, as it had shown how easy it could be to influence a change in the law. The controversies surrounding the amendment to the Tax Act had led to section 181 being restored to its previous form in February 2006.\nThe aim of the articles had been to draw the public’s attention to the amendment to section 181 of the Tax Act. The court also considered that the applicants had had a right to publish a photograph of Ms D.S., as she had been a public figure. The photograph could have easily been taken while she had been carrying out her duties for the subcommittee in the present case.", "17. The claimant, Ms D.S., lodged an appeal against this judgment.", "18. On 21 May 2008 the Warsaw Court of Appeal allowed the appeal and action and amended the judgment in question. The court ordered the applicants to publish an apology and pay PLN 20,000 to charity, disagreeing with the Regional Court’s assessment of the case. It considered that by using headlines, subheadings and several statements, the applicants conveyed the suggestion that Ms D.S. had been responsible for the negative consequences the amendment had had on the law. These statements included: “astonishing amendment”, “cooperation between the tax authorities and prosecutors totally blocked”, “she ... encouraged MPs to introduce the amendment, even though no such change had been proposed”, “[Ms D.S. has] changed the legal system”, “was it your idea?”, “the amendment was proposed in an astonishing manner by a guest of the subcommittee”. The court considered that the information contained in the articles had not been truthful, and that the journalists had not been diligent. It also considered that by publishing her picture, the applicants had breached the claimant’s right to protect her image.", "19. On 5 June 2009 the Supreme Court quashed the judgment and remitted the case to the appellate court. It considered that procedural provisions had been breached; in particular, the judge rapporteur should have withdrawn from the case given doubts as to his impartiality. Moreover, the Supreme Court criticised the vague wording of the apology the defendants had been ordered to publish, and the lack of clarity as to which statements had breached the defendant’s personal rights.", "20. On 22 October 2009 the Warsaw Court of Appeal allowed the action and ordered the applicants to publish an apology and pay PLN 20,000 to charity. The court considered that the defendants should publish the following apology on the cover of Rzeczpospolita:\n“[All three applicants] apologise to Ms D.S. for [damaging] her good name by publishing articles without factual basis in Rzeczpospolita on 14 September 2005 (‘Mafia pays no taxes’ and ‘Mafia to pay no taxes’) and on 15 September 2005 (‘Dubious law to be changed’), which have ruined her good name and professional reputation.”", "21. The court considered that the claimant had proved, to a sufficient degree, that the articles in question had breached her personal rights, as they insinuated that she had been responsible for adopting an amendment which had negative consequences. Its arguments were similar to those outlined in its judgment of 21 May 2008. It considered the statement “[Ms D.S. has] changed the legal system” untrue because as an adviser to the subcommittee, it would have been outside her remit. The use of headlines, subheadings and certain statements conveyed the suggestion that the amendment had been introduced in the “interests of the [petrol] mafia”. Those statements included: “astonishing amendment”, “cooperation between the tax authorities and prosecutors totally blocked”, “she ... encouraged MPs to introduce the amendment, even though no such change had been proposed”, “[Ms D.S. has] changed the legal system”, “was it your idea?”, “the amendment was proposed in an astonishing manner by a guest of the subcommittee”. Moreover, by featuring a photograph of Ms D.S. in one of the articles, the applicants had “strengthened the message that [she] was the person responsible for having introduced an amendment convenient for the mafia, which [had] paralysed cooperation between the prosecution service and the tax services”.\nThe court considered that the defendants had used the claimant’s photograph unlawfully, as the fact she was a public figure had not absolved them from asking her permission. It further stated:\n“The Court of Appeal has no grounds to consider that the defendants rebutted the presumption under Article 24 of the Civil Code that their actions were unlawful.\nThe fact that the journalists relied on the comments of other individuals, even if they had indicated their sources, in this case the prosecutors, does not make such practice lawful. Such types of expression do not absolve a journalist from exercising particular diligence and care in collecting and using material.\n...\nThe defendants did not show that their actions were lawful; the suggestion they made, namely that the claimant had ‘changed the law’ had been untrue, their duty to act with particular diligence and care had not been fulfilled, and their direction of criticism against the claimant had not been in the public interest or compatible with the principle of coexistence with others.\nIt had been unnecessary to ruin the claimant’s good name and reputation in order to express an opinion about an amendment to section 181. It is known how laws are passed and the claimant, acting lawfully and openly, did not change the law in force and could have only had a minor impact on the legislative process, in which the final decision did not depend on her. The suggestion that she changed the law is untrue, and making out that she had been responsible for changes in the law undermines journalistic integrity.\nThe defendants did not provide any evidence to suggest that the claimant had acted in the interests of the [petrol] mafia. Other suggestions, namely that the amendment had caused the fight against the mafia and cooperation between the tax and prosecution authorities to become paralysed, were also untrue.\nThe authors of the articles did not seek the opinion of specialists in tax law, nor did they try to explain the reasons behind the amendment. Their reporting was one-sided and formed far-fetched conclusions, creating an atmosphere of sensationalism and scandal ...”", "22. On 20 January 2011 the Supreme Court amended the judgment as regards the wording of the apology. It held that the applicants should publish the following text:\n“[All three applicants] apologise to Ms D.S. for ruining her good name through the composition and use of headlines and subheadings in the daily newspaper Rzeczpospolita on 14 September 2005 (‘Mafia pays no taxes’ and ‘Mafia to pay no taxes’) and 15 September 2005 (‘Dubious law to be changed’), suggesting that, as an adviser to the Sejm’s finance subcommittee, she had been guided by reasons unworthy of merit and had infringed the principles of honesty.”\nThe Supreme Court considered that the Court of Appeal’s guidelines for the apology were expressed too broadly, particularly as the latter acknowledged that the articles in question had a factual basis. In the present case, certain suggestions were made through the choice of headlines and subheadings, which led to the claimant’s personal rights being breached. Lastly, the Supreme Court considered that the fact that the defendants had taken quotations from public servants could exclude their liability, but only in so far as the wording of the comments quoted was concerned and not the “composition of the articles which led to negative suggestions [being made], creating an untrue picture of the person in question”." ]

[ "10" ]

[ 11, 13, 16 ]

[]

[ "6. The applicants were born in 1959, 1978 and 1958, respectively, and are currently in the Drin social care home (“Drin”).", "7. On 23 November 2006, at the request of the Visoko Social Work Centre, the Visoko Municipal Court deprived the applicant of legal capacity. It was established that she had been diagnosed with paranoid schizophrenia and that placement in a social care home would be in her best interest.", "8. On 26 December 2006 the Visoko Social Work Centre placed the applicant under the guardianship of her sister.", "9. On 23 January 2007 the Visoko Social Work Centre placed the applicant in Drin in accordance with the social care legislation.", "10. On 13 June 2011 the applicant lodged a constitutional appeal concerning the lawfulness of her detention.", "11. On 25 April 2013 the Constitutional Court of Bosnia and Herzegovina (“the Constitutional Court”) held that the applicant’s deprivation of liberty had not been “in accordance with a procedure prescribed by law” within the meaning of Article 5 § 1 of the Convention as she had been held in psychiatric detention without a decision of the competent civil court. It also found that Article 5 § 4 of the Convention had been breached because of lack of judicial review of the lawfulness of the applicant’s detention. The Constitutional Court ordered the Visoko Social Work Centre to take measures to ensure respect for the applicant’s rights under Article 5 §§ 1 and 4 of the Convention. The relevant part of the decision reads:\n“27. The Constitutional Court recalls that it examined the same factual and legal situation in the decision no. AP 2472/11[...]. Therefore, instead of a separate legal analysis in this case, it refers to the reasoning set out in that decision... 28. As regards Article 5 § 1 of the European Convention...the Constitutional Court concluded that the appellant was placed in the social care home under the social care legislation of the Federation of Bosnia and Herzegovina and of the [Zenica-Doboj] Canton, which do not regulate the procedure for compulsory admission of mentally ill persons to social care homes. That procedure is regulated in the sections 22-42 of the Mental Health Act 2001. Section 41 of that Act prescribes that a mentally ill person released from a hospital, who is incapable of living on his/her own and has no relatives or others who are required by law to care for him/her, shall be placed in a social care home under the social care legislation of the Federation of Bosnia and Herzegovina. However, in that case, a hospital is under a duty to inform the competent court of such placement immediately... [I]t is evident from the case-file that the appellant was detained without a decision of the competent civil court...thus her initial deprivation of liberty was not in accordance with the Mental Health Act 2001... [T]herefore the court concludes that the deprivation of liberty in the appellant’s case was unlawful and thus in violation of Article 5 § 1(e) of the Convention.\n... 30. In the above-mentioned decision, the Constitutional Court noted that the Federal and the Cantonal social care legislation, under which the appellant was placed in a social care home, do not envisage mandatory judicial control of the lawfulness of such placement...\n... 32. There has been a violation of Article 5 § 1(e) of the Convention in the present case because the appellant was placed in the social care home under the Federal and Cantonal social care legislation, whereas the compulsory placement of mentally ill persons is regulated by the Mental Health Act 2001 which was not applied in this case. In view of that, her placement was not ‘lawful’. There has also been a violation of Article 5 § 4 of the Convention because the appellant’s placement and the prolongation of that placement was never examined by the competent court...”", "12. On 3 June 2014 the Visoko Social Work Centre asked the Kiseljak Municipal Court to examine the necessity of the applicantʼs placement in Drin in accordance with the Mental Health Act 2001 and the Constitutional Courtʼs decision of 25 April 2013.", "13. On 8 September 2014 the Kiseljak Municipal Court concluded, on the basis of the expert medical report, that the applicantʼs current state of health did not warrant continued confinment in Drin. That decision became final on 26 September 2014.", "14. The applicant has not yet been released from Drin.", "15. At the recommendation of the Psychiatric Clinic in Sarajevo where the applicant was treated for schizophrenia, on 15 September 2004 the Vareš Social Work Centre placed him in Drin in accordance with the social care legislation. It was established that his illness rendered him incapable of living on his own and that his family circumstances did not allow proper care at home.", "16. On 25 March 2005 the Visoko Municipal Court deprived the applicant of his legal capacity.", "17. On 21 April 2011 the applicant was placed under the guardianship of N.G., a director of the Vareš Social Work Centre.", "18. On 2 September 2011 the applicant lodged a constitutional appeal concerning the lawfulness of his detention.", "19. On 25 June 2013 the Constitutional Court held that the applicant’s deprivation of liberty had not been “in accordance with a procedure prescribed by law” within the meaning of Article 5 § 1 of the Convention as he had been held in psychiatric detention without a decision of the competent civil court. It also found that Article 5 § 4 of the Convention had been breached because of lack of judicial review of the lawfulness of the applicant’s detention. The Constitutional Court ordered the Vareš Social Work Centre to take measures to ensure respect for the applicant’s rights under Article 5 §§ 1 and 4 of the Convention and awarded him 3,000 convertible marks (BAM)[1]. The relevant part of the decision reads:\n“34. The Constitutional Court recalls that it examined the same factual and legal situation in the decision no. AP 2472/11 [...]. Therefore, instead of a separate legal analysis in this case, it refers to the reasoning set out in that decision... 35. As regards Article 5 § 1 of the European Convention...the Constitutional Court concluded that the appellant was placed in the social care home under the social care legislation of the Federation of Bosnia and Herzegovina and of the [Zenica-Doboj] Canton, which do not regulate the procedure for compulsory admission of mentally ill persons to social care homes. That procedure is regulated in the sections 22-42 of the Mental Health Act 2001. Section 41 of that Act prescribes that a mentally ill person released from a hospital, who is incapable to live on his/her own and has no relatives or others who are required by law to care for him/her, shall be placed in a social care home under the social care legislation of the Federation of Bosnia and Herzegovina. However, in that case, a hospital is under a duty to inform the competent court of such placement immediately ... [I]t is evident from the case-file that the appellant was detained without a decision of the competent civil court...thus his initial deprivation of liberty had not been in accordance with the Mental Health Act 2001..[T]herefore the court concludes that the deprivation of liberty in the appellant’s case was unlawful and thus in violation of Article 5 § 1(e) of the Convention. 36... In the above-mentioned decision, the Constitutional Court noted that the Federal and the Cantonal social care legislation, under which the appellant was placed in a social care home, do not envisage mandatory judicial control of the lawfulness of such placement...\n 37. Turning to the present case, the Constitutional Court notes that the appellant was placed in the social care home at the recommendation of the Psychiatric Clinic in Sarajevo...It was established that he had been diagnosed with SCH, F23, a condition which requires constant supervision and regular therapy which he cannot have at home in view of his family’s circumstances (a mother was also deprived of her legal capacity due to mental illness, a father’s whereabouts are unknown, and his sister is placed under guardianship)...The court further notes that since 2004, when the appellant was placed in the social care home, the Social Work Centre revised his placement on three occasions, at the recommendation of the relevant Ministry and with the consent of his guardian Ms N.G. However, those revisions were focused on the financial aspect of the appellant’s placement without any consideration for his health condition and a potential release. The fact that the Social Work Centre was the only domestic body which ever examined the appellant’s placement...raises issues under Article 5 §§ 1(e) and 4 of the Convention. 38. Furthemore, although under the Mental Health Act 2001 a decision about compulsory admission of mentally ill persons must be made by a court, the appellant’s case has never been examined by the competent court... 39. Accordingly, as regards “deprivation of liberty”, the placement in the social care home and the review of the lawfulness of such placement, the court concludes, in view of the facts of the case and the reasons set out in the decision no. AP 2472/11 of 31 January 2013, that there had been a violation of Article 5 §§ 1(e) and 4 of the Convention in the present case.”", "20. On 25 September 2013 the applicant received BAM 3,000 awarded to him by the Constitutional Court.", "21. On 29 November 2013 the Kiseljak Municipal Court concluded, on the basis of the expert medical report, that the applicantʼs current state of health did not warrant continued confinment in Drin.", "22. On 18 March 2014 the Novi Travnik Cantonal Court upheld the decision of 29 November 2013 and it thus became final.", "23. On 6 May 2014 the Vareš Social Work Centre informed the Visoko Municipal Court that it considered that the applicant’s continued placement in Drin was in his best interest for reasons of social protection.\n 24. The applicant had not yet been released from Drin.", "25. In different intervals in 1997, 1998 and 1999 the applicant was treated for schizophrenia at the Psychiatric Clinic in Tuzla.", "28. On 2 March 2000 the applicant was placed under the guardianship of A.B., his cousin. On 10 June 2010 he was placed under the guardianship of S.P., his sister." ]

[ "5", "46" ]

[ 7, 13, 14, 15 ]

[]

[ "5. The applicant was born in 1959 and resides in Riga.", "6. The relevant facts of the case, as submitted by the parties, may be summarised as follows.", "7. The applicant was the chairman of the State-owned joint stock company L. On 14 June 2010 the Bureau for the Prevention and Combating of Corruption (Korupcijas novēršanas un apkarošanas birojs) opened a criminal investigation into suspected unlawful activity by the company’s officials.", "8. On 15 June 2010 at 7 a.m. investigator A.R. ordered a search of the applicant’s apartment. It was possible that he was involved in the offences under investigation, and there was reason to believe that unlawfully obtained money and some other items were located there.", "9. Between 7.40 and 10.40 a.m. officers from the Bureau carried out the search. The applicant was allowed to telephone his lawyer who, according to him, arrived at 9.38 a.m.", "10. The applicant submitted that during the search he had not been free to leave the apartment.", "11. The search record, however, stated that he and his wife had been informed of their right to remain present and make remarks about the investigators’ actions. They had attended the search. His lawyer had noted down in the record that the decision authorising the search did not comply with certain provisions of the Criminal Procedure Law (Kriminālprocesa likums). It was signed by all three of them.", "12. At about 11 a.m. the applicant telephoned a security guard at company L. to ask that his driver place his briefcase in a car.", "13. At 11.15 a.m. the officers informed the applicant he was under arrest.", "14. Between 11.21 and 11.34 a.m. investigator G.B. drew up an arrest record specifying that the applicant had been arrested at 11.15 a.m. on suspicion of abuse of office with intent to obtain a material benefit and assisting money laundering, and that a witness had identified him as a perpetrator. He and his lawyer signed the record, noting also that his arrest was unjustified.", "15. At 6.30 p.m. the applicant was interviewed.", "16. The investigating authorities performed thirty searches in total that day and, according to the applicant, arrested seven other individuals. The Government submitted, without indicating when, that nine individuals had been arrested. They further drew attention to the large scale of the crimes under investigation and various investigative actions.", "17. On 17 June 2010 at about 9 a.m. A.R. served on the applicant a decision declaring him a suspect and an application addressed to the Riga City Centre District Court (Rīgas pilsētas Centra rajona tiesa) for his pre-trial detention. His lawyer was present at the time.", "18. According to A.R. there was a strong suspicion that, between 1 January 2006 and 15 June 2010 the applicant, in his position as chairman of company L., had secured decisions favourable to companies ANS and GGSMT for the reconstruction of hydro units and regarding a thermal power plant project. A sum of no less than 1,130,000 euros (EUR) obtained as a result of this unlawful activity had allegedly been laundered through companies registered in Latvia and abroad, by way of property transactions and investments in companies owned by the applicant and K.M. By doing so, the applicant had allegedly committed the offences of abuse of office with intent to obtain a material benefit and assisting money laundering.", "19. The applicant, referring to his lawyer’s handwritten application, contended that at 9.20 a.m. that morning his lawyer had applied to A.R. for leave to consult, prior to the detention hearing, the documents in support of the application for detention. She had refused the request. The Government, however, submitted that neither the applicant nor his lawyer had made any complaints about access to the case file.", "20. Between 10.04 a.m. and 1.30 p.m. an investigating judge of the Riga City Centre District Court held the hearing.", "21. The applicant’s lawyer requested A.R. to provide evidence in support of the application for detention. She refused to do so and the hearing continued.", "22. The lawyer submitted that the officers had controlled the applicant’s movements in the apartment from the start of the search. He had therefore requested them to draw up a record of his client’s arrest. In this connection, he pointed out that no one could be held in custody for more than forty-eight hours.", "23. The investigating judge granted A.R.’s application and ordered the applicant’s detention pending trial. With regard to the suspicion that he had committed the offences in question, the judge reasoned as follows:\n“...search records, inspection records, statements [and] other material of the criminal proceedings give rise to grounds for suspicion that [the applicant] has committed the offences in relation to which the criminal proceedings have been instituted...”", "24. As regards access to the case file, the judge stated:\n“Section 375(1) of the Criminal Procedure Law provides that case material is a secret of the investigation ... material and evidence that justify [the applicant’s] detention contain secret information ... [the investigator] has the right to disclose this material ... only to officials involved in the criminal proceedings.”", "25. On 21 June 2010 the applicant’s lawyer lodged an appeal against this decision. On 5 July 2010 he submitted his arguments in support thereof.", "26. He requested the Riga Regional Court (Rīgas apgabaltiesa) to grant him access to the case file so as to be able to effectively challenge the applicant’s detention. It did not grant the request.", "27. On 6 July 2010 an appeal hearing was held. The lawyer maintained that he had the right to access the documents upon which the applicant’s detention had been based.", "28. The Regional Court dismissed the appeal and upheld the original ruling. With regard to the suspicion that the applicant had committed the offences in question, the judge stated:\n“The court has had sufficient time to examine the case material furnished to it. The court, like [the lower court], concludes that information has been obtained ... giving rise to grounds for suspicion that [the applicant] has committed the accused offences. The court reached that conclusion having examined ... records of investigative actions [and] witness statements, and with special attention paid to information obtained by ... special investigative actions ... carried out long before the criminal proceedings were instituted.”", "29. As regards access to the case file, the judge reasoned as follows:\n“An official in charge of criminal proceedings presents case material to an investigating or higher judge for them to assess grounds of pre-trial detention. An investigating or higher judge examines the case material ... [which] is kept secret from the parties not conducting the proceedings.”", "30. No appeal lay against this decision.", "31. On 18 August 2010 the investigating judge released the applicant on bail.", "32. On 30 June 2010 the applicant’s lawyer lodged a complaint regarding his client’s arrest with the Office of the Prosecutor General.", "33. On 8 July 2010 prosecutor V.J. dismissed it. Neither the applicant nor his lawyer had noted in the search record that the applicant’s freedom of movement or his liberty had been restricted during the search; they had not noted anything in the arrest record to say that he had been deprived of his liberty before this either. The applicant’s lawyer had not specified the manner in which his client had been deprived of his liberty. It could not therefore be established that he had been deprived of his liberty during the search.", "34. By a final decision of 11 October 2010 chief prosecutor A.K. dismissed the complaint." ]

[ "5" ]

[]

[]

[ "6. The applicant was born in 1979 and lives in the village of Gorno Sahrane.", "7. In the morning of 20 February 2012 Mr N.K. and Mr I.K., officers of the Pavel Banya police force, went to the applicant’s house in connection with a complaint that a burglary had taken place several days earlier, on 16 February. They were making inquiries into the matter but a formal criminal investigation had not yet been opened. The applicant was not home but the officers obtained his mobile telephone number from his wife and called him, telling him to appear at the police station for inquiries.", "8. The applicant went to the police station at about 1 p.m. According to the findings of the criminal courts which later examined the events (see paragraphs 20 and 21 below), he was taken to a room where there were Mr N.K., Mr I.K. and a third officer. Mr N.K. asked the applicant whether he had anything to tell them. After the third officer had gone out of the room, Mr I.K. took out a wooden bat and hit the applicant’s left shoulder. He hit him again and the applicant fell to the ground. After that Mr N.K. kicked him with his knee and repeatedly hit him with a rubber truncheon. Some time after that another officer, Mr T.A., came into the room carrying an electroshock prod. He administered an electric shock to the applicant’s left leg. The applicant curled up on the floor, while Mr N.K. and Mr I.K. kept beating him. The beating continued intermittently for some time, and the applicant was able to stand up on his feet. Another officer came into the room for a while. After he left, Mr N.K., Mr I.K. and Mr T.A. again administered electric shocks to the applicant and carried on hitting and kicking him. At one point, when the applicant’s head was low down, he was kicked on the nose and started bleeding, and the beating stopped.", "9. The blows sustained by the applicant caused a haematoma on his nose and haematomas and bruises on the upper left back, the left side of the torso and the left shoulder.", "10. At about 4 p.m. Mr N.K. drew up a written statement on behalf of the applicant that said that he knew nothing of the reported burglary, and presented it to the applicant for signature. The applicant was released at about 5 p.m.", "11. The next day, 21 February 2012, the applicant was examined by a forensic doctor who noted the numerous haematomas and bruises on his face and upper body, which he believed to have been caused by “hard blunt objects and objects with cylindrical form”.", "12. On 27 February 2012 the applicant complained about the incident to a member of Parliament, who forwarded his complaint to the prosecuting authorities. As a result, the Kazanlak District Prosecutor’s Office opened criminal proceedings against the three officers who had ill-treated the applicant, and on 1 February 2013 charged them with causing him minor bodily harm while carrying out their duties, an offence under Article 131 § 1 (2) read in conjunction with Article 130 § 2 of the Criminal Code 1968 (see paragraphs 28 and 29 below).", "13. On 1 March 2013 the prosecutor in charge of the case informed the applicant that, since the penalty for this offence was up to one year’s imprisonment, the officers’ criminal liability would be waived and replaced with administrative penalties, as required under Article 78a of the Code (see paragraph 42 below).", "14. On 28 March 2013 the applicant asked the Kazanlak District Prosecutor’s Office to consider bringing charges against the officers under Article 282 § 1 of the Code (see paragraph 31 below). He pointed out that under this Court’s case-law a mere fine, which was all that the charges under Article 131 § 1 (2) read in conjunction with Article 130 § 2 could lead to, was not an adequate penalty for the ill-treatment suffered by him. On 1 April 2013 that office replied that it had no competence to investigate and prosecute offences under that provision.", "15. On 23 April 2013 the applicant asked the Kazanlak District Prosecutor’s Office to consider bringing charges against the officers under Article 287 of the Code (see paragraph 32 below), pointing out that that office was competent to investigate and prosecute such offences. It does not appear that he received a reply.", "16. The prosecuting authorities maintained the original charges and on 29 April 2013 proposed to the Kazanlak District Court to waive the officers’ criminal liability and replace it with administrative penalties, as possible under Article 78a § 1 of the Code (see paragraph 42 below).", "17. On 30 April 2013, when setting the case down for trial, the Kazanlak District Court noted that although the applicant had expressed the intention of bringing a civil claim when the case came for trial, under the applicable rules of criminal procedure that was not possible in proceedings under Article 78a of the Code (see paragraph 44 below); the applicant was to be notified accordingly.", "18. On 21 May 2013 the applicant asked the court to refer the case back to the prosecuting authorities for them to consider whether the officers had committed an offence under Article 287 of the Code (see paragraph 32 below). The same day the judge rapporteur advised the applicant that his request could not be allowed because he was not party to the proceedings: under the relevant rules of criminal procedure the alleged victim of the offence could not take part as a civil claimant or private prosecutor in proceedings under Article 78a of the Code (see paragraph 44 below). It was moreover up to the prosecuting authorities to decide what charges to press. In any event, Article 287 of the Code did not apply to the facts as recited in the indictment. According to them, the applicant had been ill-treated before the institution of criminal proceedings in relation to the burglary in which he would have a capacity as a person charged with a criminal offence or a witness, which was a required element of the offence. Criminal law provisions could not be interpreted broadly.", "19. The officers’ trial took place on 23 May, 5 August, 13 November and 12 December 2013.", "20. On 12 December 2013 the Kazanlak District Court, based on the findings of fact made by it (see paragraphs 7-11 above), held that Mr N.K., Mr I.K. and Mr T.A., acting in concert, had wilfully caused the applicant light bodily harm, contrary to Article 131 § 1 (2) read in conjunction with Article 130 § 2 of the Criminal Code 1968 (see paragraphs 28 and 29 below). The court went on to hold that the case fell under Article 78a § 1 of the Code (see paragraph 42 below) and that the officers’ criminal liability was therefore to be waived and replaced by administrative fines ranging from 1,000 to 5,000 Bulgarian levs (BGN). In fixing the quantum of the fines, the court found that the officers’ good character and their having caused the applicant the least serious type of bodily harm under the Code were mitigating factors, whereas their having acted jointly and having infringed the applicant’s rights under the Convention were aggravating ones. It also took into account the officers’ family and financial situation, noting in particular that the monthly salary of the first was BGN 800 and those of the other two BGN 600 each. Based on all that, it held that the aims of the punishment could be attained by giving each of the officers a fine of BGN 2,000 (the equivalent of 1,023 euros (EUR)). There was no need additionally to disqualify them from working as police officers under Article 78 § 4 of the Code (see paragraph 42 in fine below). The fines were sufficient to make them rethink their conduct and refrain from resorting to violence in the future.", "21. The officers appealed against that judgment, but on 25 April 2014 it was fully upheld by the Stara Zagora Regional Court, whose judgment was final. That court reviewed of its own motion the penalties imposed on the officers and fully agreed with the reasons given by the lower court on that point.", "22. Following a complaint by the applicant, on 27 February 2012 the Kazanluk Regional Police Department opened an internal inquiry into the allegations that he had been ill-treated. On 6 March 2012 it informed the applicant that it had recommended the opening of disciplinary proceedings against the three officers. As a result of those proceedings, on 5 June and 18 October 2012, respectively, Mr N.K. and Mr I.K. were punished with non-admission to promotion competitions for a period of three years for having unlawfully detained the applicant, whereas Mr T.A. was not given a disciplinary penalty. The disciplinary commission found that none of the three officers had ill-treated the applicant.", "23. In August 2014 the applicant brought a claim for damages under section 1 of the State and Municipalities Liability for Damage Act 1988 against the Stara Zagora Regional Police Directorate. The Stara Zagora Administrative Court heard the case on 17 December 2014, and in a judgment of 19 January 2015 found the Stara Zagora Regional Police Directorate liable for the ill-treatment suffered by the applicant at the hands of the three officers, and awarded him BGN 4,000 (the equivalent of EUR 2,045), plus interest, in non-pecuniary damages. The court noted, in particular, that the ill-treatment to which the applicant had been subjected had not been provoked by him in any way, and that it had caused him physical pain for about a month. It had also caused him to feel apprehensive and uneasy when going out of his home because of fear that he might be ill‑treated again.", "24. It appears that that judgment has not yet become final." ]

[ "3" ]

[ 2, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 ]

[]

[ "5. The first applicant was born in 1957 and the second applicant in 1963. They live in Jedwabne.", "6. The applicants’ son M.O. was a student in Białystok. At the relevant time he was 22 years old. On 13 February 2010 he and some of his friends were celebrating the end of examinations in one of the clubs in Białystok. M.O. left the club at around 3 a.m. on 14 February 2010 with his friend J.O. They were walking together to the university campus. M.O. wanted to take a shortcut and go through the border guards area. J.O. did not agree and she took the normal road and continued alone. The applicants’ son took the shortcut and while crossing the border guards area, he was apprehended by the border patrol, who called the police. Soon afterwards two police officers Z.W. and T.B. arrived and at 3.45 a.m. took the applicants’ son to the police station in Białystok.", "7. According to the police officers, M.O. was under the influence of alcohol. However, his state did not qualify him to be taken to the sobering‑up centre. They did not make him undergo a breath test. They were not sure with what offence he could be charged, if any, and therefore they ordered him to appear at the police station at 2 p.m. and let him go. It was about 4.30 a.m. and the temperature outside was below zero centigrade.", "8. At 5.30 a.m. the applicants’ son telephoned his sister E.O. He requested her to come with her car and collect him from a bus station in Łomża. When she got there she telephoned her brother who then asked her to come to Białystok, some 80 km away. According to E.O.’s statement her brother sounded frightened on the phone. While she was driving to Bialystok M.O. called again and told her to go back home because he would manage to come back by himself.", "9. On 14 February 2010 at 9.58 a.m. the second applicant called her son. She asked him whether he was on the campus and he apparently confirmed. She asked him some more questions but he did not reply although the telephone call was still ongoing. According to the second applicant she was not sure whether she was speaking to her son or someone else.", "10. The applicants then went to the campus to check whether their son was indeed there but he was not. They contacted all hospitals in Białystok, the sobering-up centre and all police stations, including the Białystok police station No. 3 where their son was interrogated the night before. They were informed however that their son had been neither arrested nor had his identity been checked.", "11. In one of the hospitals they were informed that the previous night two unidentified men had been brought there. One of them was then taken by the police to the police station No. 3. The applicants went to the police station again where they were told that no men of unknown identity had been there the previous night.", "12. The applicants then officially reported their son as missing and started to look for him on their own.", "13. Only on 19 February 2010 they were informed by the police station No. 3 that their son had been brought there on the night of 14 February 2010 and released because there were no grounds to keep him there.", "14. According to the minutes taken by the police officers on the night of 14 February 2010, the applicants’ son was drunk; he mumbled and was unsteady on his legs. The officers had problems communicating with him.", "15. The applicants’ son never returned to the campus. He was found dead on 6 March 2010 in a meadow, some 300 metres from the exit road towards Warsaw. His body was frozen.", "16. The body was on its back with the legs crossed. In the photographs taken on location, hospital shoe covers can be seen in the victim’s jacket pockets. These objects were later not found or examined.", "17. A.W., who found the body on 6 March 2010, informed the police immediately. Two police officers, Z.W. and T.B., the same who had interviewed the applicants’ son on the night of 14 February, were sent to the scene.", "18. On 8 March 2010 the body was shown to the applicants who recognised it as the body of their son. The first applicant noted that in the pockets of his sons’ clothes there was no mobile phone.", "19. On 9 March 2010 an investigation into the circumstances of the applicants’ son’s death was opened by the Białystok District Prosecutor.", "20. On the same day a post-mortem examination of the applicants’ son’s body was carried out. Dr M.R., who participated in the post-mortem examination, found that there were chafes on the applicants’ son’s palms, face and abdomen. The back side of his legs was covered with bright green algae. The doctor found that the reason for M.O.’s death was hypothermia. She also found that he had been under the influence of alcohol at the moment of his death. The blood alcohol level was 0.9 per mille.", "21. According to the applicants the expert opinion prepared by Dr M.R. raised many doubts and was partly contradictory. M.R. described their son’s vermiform appendix although he had his appendix removed as a child. No samples of the algae which covered M.O.’s legs were collected for examination. The expert pointed out some characteristics of M.O.’s inner organs which could indicate that M.O. died suddenly, which was in contradiction to her conclusion that he died of hypothermia. Also the position in which the body was found contradicted the conclusion that the applicants’ son died of hypothermia. He was found lying on his back with his legs crossed whereas, according to the expert opinion, a person who falls down from exhaustion should lie face down. Furthermore, the expert did not determine the date of M.O.’s death. According to her later depositions, she had not received any such order from the prosecutor.", "22. The expert took liver samples, but as it turned out later it was impossible to examine them because they had been improperly secured.", "23. In the course of the post-mortem examination fingernail scrapings were secured for further examination. However, the samples were never examined.", "24. As emerges from the minutes of the post-mortem examination, when M.O.’s body was being undressed before the examination, a mobile phone fell out of his pocket. As noted above, the applicants checked their son’s clothes before the post-mortem examination and the mobile phone was not there.", "25. On 29 April 2010 the applicants’ lawyer requested the prosecutor to examine the blood samples from M.O.’s body and clothes taken when his body was found.", "26. On 30 May 2010 the prosecutor granted the request and ordered that the samples be examined by the Białystok Medical University. However, the decision on the merits was given by the prosecutor without the results of the relevant examination.", "27. On 25 June 2010 Białystok District Prosecutor discontinued the investigation finding that the applicants’ son died of hypothermia without involvement of any third persons. The prosecutor based his decision on various evidence including the post-mortem examination, the expert opinion referred to above, as well as depositions made by several witnesses heard in the course of the investigation.", "28. On 23 July 2010 the applicants’ lawyer appealed against the prosecutor’s decision. His references to the numerous shortcomings of the investigation covered nearly thirty pages.", "29. On 20 January 2011 the Białystok District Court quashed the challenged decision and remitted the case to the prosecutor for re‑examination. The court agreed with the applicants that the circumstances of their son’s death had not been sufficiently established.", "30. First of all, the court recognised that the decision discontinuing the investigation was given without the results of the examination of the secured blood sample, which had been previously ordered by the prosecutor (see paragraph 26 above).", "31. Subsequently, the court found that in the opinion following the analysis of the applicants’ son’s blood, there were some inaccuracies which needed further clarification; the toxicological examination allegedly showed presence of phenetylamine in the secured blood sample. However in another part of the opinion it was stated that the presence of this substance was not confirmed and its amount was not determined “for lack of pattern”.", "32. The court also referred to the examination of samples of M.O.’s liver which was ordered on 22 April 2010 but not carried out. According to the medical expert appointed by the court, the examination could not be carried out because the Białystok Medical University did not have the relevant reagents whereas as emerges from the minutes of the interview with a medical expert from the Łódź Medical University, the examination was impossible because of the way the samples had been secured.", "33. The court further pointed out that in the first phase of the investigation, an examination of biological and dactyloscopic traces on M.O.’s mobile phone and three cigarette lighters found in his clothes was ordered by the prosecutor. The criminological laboratory in Białystok stated that they were unable to carry out the examination and stressed that it should be carried out in a specialised biological laboratory in the Regional Police Station in Olsztyn or Warsaw. The prosecutor however did not request the institutions indicated for the examination.", "34. The court also stressed the inaccuracies in the medical expert opinion prepared by dr M.R. It further pointed out that the prosecutor had failed to refer to the merits of the opinion and to indicate which part of it and what reasons constituted the basis for his decision. The court also ordered the prosecutor to examine further the part of the expert opinion which concerned the position in which M.O.’s body was found.", "35. Finally the court referred to the applicants’ statements as regards further evidence which should be examined. The applicants requested that dactyloscopic traces be taken from the police van in which their son was transported. They also considered that traces on the ground where their son’s body had been found should be examined. The court considered that this evidence would not help clarify the circumstances of the case because of the lapse of time; the applicants’ lawyer’s appeal was examined 11 months after M.O.’s body was found.", "36. Following the court’s decision, the case was remitted to the Białystok District Prosecutor. The prosecutor heard Z.W., a specialist from the Białystok Medical University, who had carried out a toxicological examination of M.O.’s urine and blood. She said that she only examined the samples to check whether there was amphetamine in the blood. She did not check the presence of phenetylamine.", "37. The prosecutor further requested the University of Cracow to carry out an examination of the secured liver samples. The University replied however that examination of the samples was impossible given the way the samples had been secured.", "38. The prosecutor also heard the medical expert M.R. who admitted that she had mistakenly described M.O.’s vermiform appendix.", "39. On 29 June 2011 the Białystok District Prosecutor, having re‑examined the case, again discontinued the proceedings for the same reasons as the previous time.", "40. According to the relevant provisions of the Polish Code of Criminal Proceedings, no further appeal is available for the applicants if the investigation was discontinued for the second time. However, on 24 October 2011 the applicants requested the Prosecutor General to resume the investigation. Their request was transferred to the Białystok Appelate Prosecutor who, having reexamined the case-file found a number of shortcomings in the discontinued proceedings and, on 12 December 2012, ordered that the investigation be resumed. The prosecutor relied on Article 327 of the Code of Criminal Proceedings according to which discontinued investigation may be resumed de novo at any time by the prosecutor provided that it would not be conducted against a person who had been a suspect in the previously discontinued proceedings.", "41. The prosecutor recalled that in the decision of 20 January 2011 the Białystok District Court had indicated to a number of shortcomings (see paragraphs 30-35 above) and ordered that further steps be undertaken in the proceedings. Having analysed the case-file the prosecutor concluded that the court’s orders had been performed in an insufficient way or had not been performed at all. The relevant part of his decision read as follows:\n“....it was found in the Białystok hospitals that in the time when M.O. was missing, he was not admitted to any of them. The prosecutor did not hear the employees of the first-aid station and ordered that the police do it on his behalf. In consequence the records of the hearings are superficial and still do not explain the circumstances of your [the applicants] conversation with one of the employees, Ms. P. It is important because this person was supposed to inform that on 14 February 2010 in the morning a young unidentified man had been brought to the hospital and subsequently taken by the police. If the prosecutor investigated into these events he should explore it in the most detailed way possible. The prosecutor also tried to have samples of liver examined requesting opinion of Collegium Medicum of the Jagiellonian University although at that time he already knew that the examination had not been possible because the samples had been improperly secured.\nThe prosecutor, in spite of the court’s order, failed to have M.O.’s blood samples, secured fingerprint and biological traces examined.\n...\nThe decision discontinuing the investigation must be found premature...\nThe case concerns death of a young man and its circumstances have not been sufficiently cleared. It is still unknown in what way and why M.O. was on a meadow in a place unknown to him, far from the police station which he had left at 4.30 a.m. on 14 February 2010.\n...\nIt was also found that the last telephone call which M.O. answered was at 9.57 a.m. and it was a conversation with G.O. [the first applicant] but the information where M.O. telephone logged in at that time is missing. This should be completed as soon as possible.”", "42. The prosecutor further considered that it was crucial to find out what were the weather conditions on 14 February 2010, in particular the air temperature and the snow precipitations. He also ordered that the state of M.O.’s alcohol intoxication be examined on the basis of so called “prospective examination”; the alcohol level in his blood was established only for the moment of his death. The prosecutor ordered therefore detailed hearing of all persons with whom M.O. spent the day of 13 February 2010 as regards the amount and kind of alcohol drunk on that day, amount and kind of meals he had, whether he had been tired, etc. The prosecutor considered that all these circumstances were crucial taking into consideration the version according to which M.O.’s died of hypothermia. He also indicated a professor in Gdansk, a specialist in cases of hypothermia death and found out that the professor had been contacted by the prosecutor’s office and had agreed to prepare the opinion requested however, for unknown reasons, the prosecutor decided not to request this evidence.", "43. On 11 January 2012 the Białystok District Prosecutor resumed the investigation.\nShe requested an opinion of a forensic expert from the Gdansk University indicated by the Appelate Prosecutor on 12 December 2012. The expert Z.J. confirmed that M.O. had died because of hypothermia. He further submitted that death of hypothermia usually happens in low temperatures but also when the temperature is above zero centigrade, between 0 and 8. Air humidity and alcohol were other factors which influence the risk of death. The expert further excluded the possibility of establishing for how long M.O. had been exposed to low temperatures finding that each person reacted differently to low temperatures and that additional factors such as weather conditions and air humidity could influence the result of such examination. As regards the presence of phenetylamine in M.O.’s blood the expert submitted that given many possible sources of this substance, such as various kinds of food, excessive physical effort, etc., it was impossible to determine its origin in this particular case.\nAs regards M.O.’s blood samples the prosecutor found that their examination was impossible because too much time had passed from the day on which they were secured.\nAs regards the indication to hear all persons with whom M.O. celebrated his final exams on 13 February 2010 the prosecutor established that on that day at about 7 p.m. M.O. and several friends had had been drinking alcohol at the student home. At about 11 p.m. they all went to the city centre where they had a meal and subsequently went to a club where they were dancing and drinking beer. The details regarding the amount and kind of drinks and food that they had had were not established.\nThe prosecutor further referred to the data of a meteorological station in Białystok and listed the average air temperature on particular days between 14 February and 6 March 2010 as well as average snow precipitations on these days.", "44. On 31 January 2013 the Białystok District Prosecutor discontinued the investigation. She concluded that due to evidence difficulties it was impossible to reproduce the course of events after M.O. had left the police station. She further stated on the basis of the above-mentioned evidence, in particular the expert opinion, that no third persons had been involved in M.O.’s death.", "45. On 12 February 2013 the applicants appealed. In particular, they submitted that in the course of the investigation it was not clarified for what reasons and where from M.O. had had hospital shoe covers in his pocket. They further submitted that M.O.’s clothes were covered in mud; its origin was likewise not cleared; M.O. had been found on the meadow covered with a thick layer of snow and therefore his clothes should normally not bear traces of mud. They again referred to the position in which the body had been found considering that a person who falls down because of exhaustion should have been found with his face down. They also pointed to the fact that in the challenged decision the prosecutor had considered that the examination of blood samples was impossible because of the lapse of time whereas previously, the prosecutor had refused to examine the blood samples and DNA test finding that these were immaterial for the present case.", "46. On 8 May 2013 the Białystok Regional Court upheld the challenged decision. As regards the arguments raised in the applicants’ appeal, the court considered that they were a “chain of suppositions leading the applicants to a conclusion that third persons were involved in M.O.s’s death”. Having referred to, in particular, the forensic expert evidence who confirmed that M.O. had died of hypothermia, the court accepted the prosecutor’s findings that no involvement of third persons in M.O.’s death could be discerned.", "47. On 11 March 2010 the investigation opened on 9 March 2010 was severed and the part of it which concerned the alleged failure to perform their duties by the police officers Z.W. and T.B. was transferred to the Białystok Regional Prosecutor.", "48. On 31 October 2011 the Białystok Regional Prosecutor discontinued the investigation finding that no offence of abuse of power or failure to perform their duties had been committed by the police officers. The Prosecutor examined, among other things, whether the applicants’ son had been under the influence of alcohol at the time of his arrest. She found that according to the handwritten note made by the police officers M.O. “mumbled and was unsteady on his legs but he had documents on him, knew where he was and what was going on, the contact with him was logical. He assured that he would not drink more alcohol and come back straight to the university campus”. She further found that according to the depositions of witnesses, M.O. had been under the influence of alcohol but he was not drunk to such an extent which would require taking him to the sobering-up centre or which would raise suspicions that he might have problems getting home on his own. The Prosecutor further examined why the police officers who spoke with the applicants’ son on the critical night had not realised until 19 February 2010 that the missing person they were looking for and M.O. whom they had checked at night on 14 February 2010 was the same person. She found that M.O.’s personal data had been established on the basis of his personal number (PESEL) via telephone and entered into a handwritten note by one of the police officers. M.O.’s presence at the police station had not been saved in the police computer system, because at that time there was no access to the KSIP system (System of Police Information). The Prosecutor admitted that the above circumstances spoke for deficiencies in the communication within the police station in question, she found however that no prohibited behavior could be attributed to the police officers.", "49. The applicants’ lawyer appealed against this decision.", "50. On 1 March 2012 the Sokółka District Prosecutor upheld the challenged decision." ]

[ "2" ]

[ 13, 16, 17, 18, 36, 37, 38, 40, 41, 43 ]

[]

[ "4. The applicant was born in 1961 and lives in Balatonszabadi.", "5. On 11 September 2012 Parliament enacted Act no. CXXXIV of 2012 on the Repression of Smoking of the Youth and on Tobacco Retail. The Act was published on 24 September 2012.", "6. According to the Act, tobacco retail was to become a State monopoly (exercised through a State-owned company, ND Nemzeti Dohánykereskedelmi Nonprofit Zrt), and tobacco retailers would become authorised through a concession tender, advertised on 15 December 2012. The time-limit for applying was 22 February 2013.", "7. Entities or persons previously engaged in tobacco retail had no privileges in the tender.", "8. The Act was subsequently amended on several occasions, and the final version was enacted on 6 June 2013, with entry into force on 1 July 2013. Government Decree no. 181/2013. (VI.7.), which contained the detailed rules for the operations of the future concession-holders, was published on 8 June 2013, that is, after the completion of the tendering process, the results of which had become public on 22 April 2013. The decision about the tenders was taken by ND Zrt itself.", "9. The applicant, a tobacco retailer active in this business since 2008, applied for a concession and paid the relevant application fee.", "10. On 10 July 2013 the applicant was informed, in a letter sent by ND Zrt, that she had not obtained a tobacco retail concession. The decision said that her application did not fully meet the requirements, without developing the shortcomings. The Government submitted that her application scored 59 out of 120.\nNo compensation is available for ex-tobacco-retailers who, by not being awarded a concession, lost part of their livelihood.", "11. The refusal was not subject to any legal remedy. The applicant submitted that she pursued a constitutional complaint, and that although the outcome was not known on introducing the present application, this legal avenue could not in any case provide material redress.", "12. The applicant further submitted that others in comparable situations – and in the case of those who had never been engaged in tobacco retail beforehand, in non-comparable situations – were granted concessions, which difference in treatment cannot be explained by any circumstance other than political adherence." ]

[ "P1-1" ]

[]

[]

[ "5. The applicant was born in 1954 and lives in Warsaw.", "6. At the relevant time the applicant was a member of the Polish parliament.", "7. In October 2006 a series of reports appeared in the Polish press in which the applicant’s past was described. It was reported that the applicant had sexually abused students when working as a teacher in the 1980s. The reports in question were published in the Polish daily newspapers Super Express on 20 October and Rzeczpospolita and Gazeta Wyborcza on 23 October, on the internet portal wydarzenia.pl on 20 October, and by the Information Radio Agency on 20 October and the Polish Press Agency on 20, 21 and 22 October 2006.", "8. On 30 October 2006 the applicant organised a press conference which was held in the Sejm building. The conference was transmitted by a TV news information channel, TVN24. At the press conference the applicant said:\n“... of course this was connected with the blackmail to which we were subjected. We already know which journalists cooperated, and with whom, in order to obtain money from us under false pretences. Today this is almost one hundred per cent clear to us. I think that today those three gentlemen already know about that. Those journalists cooperated with the informer who supplied the information on the basis of which the whole matter was disseminated and today, as far as we know, they are being paid for that. I do not yet know how much, some 15 or 20% of the amount obtained...”", "9. Following this statement, a journalist from the daily Super Express J.H. commented:\n“I am the author of this article, J.H., from Super Express. My question concerns the people who inspired me... Maybe you could tell us something else about these familial-financial relationships?”", "10. The applicant replied:\n“I will reply to you. The first complaint will be lodged against you [with the court] tomorrow. After that, three more complaints will be lodged...”", "11. On 31 October 2006 the Rzeczpospolita daily published an article entitled “Jan Bestry: I did not commit rape, I will sue Super Express”. According to this article, the Super Express daily had written that in the 1980s the applicant’s employment contract had been terminated without notice because he had sexually abused young girls. The article went on to say that a few days after publication of this story, the TV station TVN reported that the applicant had been convicted in 1982 of having assaulted a woman passenger on a train when working as a train conductor. The article also mentioned that during an interview with Rzeczpospolita the applicant had said:\n“The disclosure of these matters is in effect a plot in which Super Express was involved”.", "12. The author of the article was G.P., who wrote it after interviewing the applicant on the phone. According to G.P. the applicant approved publication of the contents of the article and the statements cited in the article were the statements made by the applicant.", "13. However, the applicant denied having spoken to G.P. or having approved any information for publication in the press article. When questioned by the court he said that he had not attempted to have a correction of this article published because he had only found out about it in the course of the judicial proceedings (see paragraph 19 below).", "14. On 1 December 2006 the former editor-in-chief of the Super Express daily, T.L., and the publisher of the newspaper, the company Media Express Sp. z o.o., lodged a civil claim against the applicant for the protection of their personal rights. They claimed that the applicant had harmed their good name and credibility by statements he had made at the press conference on 30 October and in the article published by Rzeczpospolita on 31 October 2006.", "15. On 29 May 2008 the Warsaw Regional Court granted the claim in part and ordered the applicant to publish an apology for the statements he had made – and which were cited in the article published by Rzeczpospolita on 31 October 2006 – using the following wording:\n“Jan Bestry apologises to T.L., the former editor-in-chief of the Super Express daily, for unlawful infringement of his personal rights, namely his good name and professional credibility, by alleging in the Rzeczpospolita daily in an article published in issue no. 255 dated 31 October-1 November 2006 under the headline: “Jan Bestry - I did not commit rape; I will sue Super Express” that “the disclosure of the matters referred to in the article is in effect a plot in which Super Express was involved”.", "16. The applicant was also ordered to make a similar statement of apology as regards the plaintiff company Media Express Sp. z o.o. and to publish these two statements in a particular way on page four of Rzeczpospolita.", "17. The court refused to grant the plaintiffs’ request that the apology also be published in five other dailies and on the TVN channel, finding that such an order would exceed the severity of the infringement committed by the applicant.", "18. The court justified its reasoning by finding that the applicant’s statement referring to a “plot” in which the Super Express daily was involved infringed the plaintiffs’ personal rights, and at the same time the applicant had not in any way proved the veracity of his allegations; both at the time the article was published and later, in the course of the civil proceedings, he had failed to demonstrate that the newspaper had in fact been involved in any “plot”. The court concluded that the applicant’s statements, which had been made in public, amounted to “unverified suspicions and accusations addressed to the newspaper”. It further observed that the applicant, as member of the parliament, had “a right to criticise socially negative phenomena” guaranteed to him by the Polish Constitution and by Article 10 of the European Convention on Human Rights. However, “while enjoying this right, he may not overstep the limits of permissible criticism by spreading groundless accusations.”", "19. The court did not find credible the applicant’s submission at the hearing on 27 May 2008 that he had only found out about the Rzeczpospolita article in the course of the proceedings. The court took the view that, having held a press conference, the applicant would surely have followed the press articles which appeared over the following days concerning the subject matter discussed at the conference.", "20. The court dismissed the remainder of the claim, finding that the statements made by the applicant at the press conference on 30 October 2006 could not unambiguously be interpreted as concerning journalists from a specific newspaper, because the applicant had not expressly mentioned any journalist or newspaper by name.", "21. Both parties appealed against the first-instance judgment.", "22. On 12 February 2009 the Warsaw Court of Appeal amended the challenged judgment insofar as it additionally ordered the applicant to publish an apology for the statements made during the press conference on 30 October 2006. The court examined what was said in the course of the conference and found that the applicant had initially referred to the events of 1980s, and to his work at the school and in the railway company. He had also said:\n“Everything which was written in Super Express is untrue”.\nNext, the applicant had spoken about his feelings about the case and about the sources that lay behind the story reported by the “journalists involved in this case”. He stated that:\n“The first bill of indictment will be lodged with the court against the tabloid’s editor tomorrow. Before the end of the week, three more complaints will be lodged. All [complaints] concern articles in the newspaper discussed”.\nAfter further statements referring to events at the school where the applicant had worked and a statement by the applicant’s wife, the applicant made the statement referred to above (see paragraphs 8 and 10), which in turn provoked the reaction by J.H. (see paragraph 9 above).", "23. The Court of Appeal concluded that, although the applicant had not specifically mentioned the names of any journalists or newspapers, for the average person it was clear from the context of the statements concerned that the charges of blackmail and obtaining money under false pretences had been directed at journalists from Super Express.", "24. The Court additionally ordered the applicant to publish the following apology on the TV Channel TVN 24 on a weekday between midday and 4 p.m.:\n“Jan Bestry apologises to T.L., the former editor-in-chief of the Super Express daily for unlawful infringement of his personal rights, namely his good name and professional credibility, by making a statement at the press conference on 30 October 2006 which contained the untrue and defamatory allegation that Super Express journalists had cooperated with informers in order to obtain money from Jan Bestry under false pretences and, when publishing articles about Jan Bestry in Super Express, had received a percentage of the money obtained under false pretences. Jan Bestry expresses his regret for having illegally infringed the personal rights of the former editor-in-chief T.L.”", "25. The applicant was also ordered to publish, in the same medium, an identical apology regarding the company Media Express sp. z o.o.", "26. The applicant lodged a cassation appeal.", "27. On 20 April 2010 the Supreme Court refused to examine the appeal, holding that the applicant had not demonstrated that the Court of Appeal had overstepped the limits regarding the assessment of evidence or had infringed the rules of interpretation of the relevant provisions.", "28. J.H. lodged a private bill of indictment against the applicant. He claimed that on 30 October 2006 the applicant had slandered him through the mass media at a press conference by making public allegations that he had cooperated with informers in order to obtain money from the applicant. He also requested that the applicant be found guilty of slandering him by giving an interview to the Rzeczpospolita daily in which he had alleged that J.H. had participated in a plot against him.", "29. On 27 April 2009 the Warsaw District Court found the applicant guilty of two counts of slander and sentenced him to a fine.", "30. The applicant did not appeal against this judgment.", "31. The applicant in turn also lodged a private bill of indictment against J.H. He sought a criminal conviction for J.H. on two counts of slander: firstly, for having published an article alleging that the applicant had sexually abused children and secondly for having published, on 27 October 2006, another article under the title: “Woman assaulted by Bestry. He wanted to force her into submission. He was convicted for beating her up”.", "32. On 16 October 2012 the Warsaw Regional Court acquitted J.H. on the first count of slander but found him guilty on the second count.", "33. The applicant’s lawyer and J.H.’s lawyer both lodged appeals against this judgment.", "34. On 3 July 2013 the Warsaw Regional Court amended the first-instance judgment in that it also acquitted J.H. also of the second count of slander, finding that he had not committed an offence because he had merely made public truthful information concerning a person exercising a public function. The court found that J.H had collected sufficient evidence to prove the veracity of the information he had published and therefore could not be found guilty of slander. The court admitted that as regards the second count of slander, J.H. had published information about a criminal conviction which, due to the passage of time, had already been removed from the applicant’s criminal record. However, it considered that the expunging of the applicant’s record had concerned only its criminal and not its civil aspects and that the disclosure of the expunged conviction was permissible if made for the purposes of protecting a “socially protected interest”.", "35. The applicant lodged a cassation appeal.", "36. On 19 March 2014 the Supreme Court declined to examine the appeal, holding it to be unfounded." ]

[ "10", "5", "P1-3", "3", "8", "6" ]

[ 5, 6, 8, 9, 10, 12, 17, 18, 19, 22, 24, 25, 26, 27, 28, 29, 30, 31 ]

[]

[ "5. The applicant was born in 1964 and lives in Parede. At the material time, she was working as a Chinese-Portuguese translator and was married to a Portuguese national.", "6. On 16 December 2010 criminal proceedings were initiated against the applicant, her husband and others by a public prosecutor of the Central Department of Investigation and Prosecution (Departamento Central de Investigação e Ação Penal) in Lisbon on allegations of aiding illegal immigration, money laundering and forgery.", "7. In April 2011 the applicant sent letters to the Attorney General (Procurador-Geral da República) and Director of the Immigration and Borders Service (Serviço de Estrangeiros e Fronteiras), informing them that she knew she was being investigated, and that she was available to present herself to the judicial authorities to be questioned and considered as a defendant. The letters read, in so far as relevant, as follows:\n“[The applicant] is ready to be made a defendant and questioned. She hereby suggests the following dates for these procedural steps, for which she volunteers to attend when summoned:\n30 April – Saturday, at any time;\n1 May – Sunday, at any time;\n7, 8, 9, 10, 17, 18 and 20 May, at any time.”", "8. On 9 June 2011 the public prosecutor issued an arrest warrant against the applicant on the basis of Articles 254 and 257 § 1 of the Code of Criminal Procedure (hereinafter “the CCP”), as the case material provided sufficient grounds for believing that she might abscond, obstruct the investigation or continue the alleged criminal activity. The arrest warrant reads, in so far as relevant, as follows:\n“In view of the above, it is essential to question the suspect and thus assess the application of other preventive measures in addition to providing information on identity and residence [termo de identidade e residência]. Having regard to the strong grounds that exist regarding the commission of the acts described, which are crimes allowing for the application of pre-trial detention, and taking into account that, in the present case, there is a risk of absconding, a risk of continuing the criminal activity and obstructing the investigation ... I order Qing Xu’s arrest... to bring her before the investigating judge...”", "9. On 14 June 2011 the applicant was arrested at her home between 5 and 6 a.m. She was questioned by an investigating judge of the Lisbon Criminal Investigation Court over the following two days, 15 and 16 June 2011.", "10. The applicant challenged the arrest before the investigating judge and submitted observations with regard to the preventive measure she thought should be applied. She argued that there was no reason to believe that she would abscond and, as such, the arrest warrant had been issued by the public prosecutor unlawfully. She further stated that she did not have a criminal record; she had two young children who lived with her. She further claimed that she had a permanent residence in Portugal, where she had been living for at least twenty years. She also stated that she was ready to hand over her passport, and that prohibiting her from going to places attended by immigrants and contacting the other defendants in the proceedings would be adequate preventive measures.", "11. On 16 June 2011 the investigating judge dismissed her request, noting as follows:\n“In the present case it appears evident that there is a risk of the defendant absconding, given that she is a Chinese national and once confronted with the seriousness of the facts attributed to her, she could flee from Portugal to her home country.\n... the crimes of aiding illegal immigration and money laundering allow the application of the preventive measure of pre-trial detention in respect of the defendant. The requirements established under Article 257 § 1 of the CCP have thus been met and the defendant’s appeal is dismissed.”", "12. The investigating judge also remanded the applicant in custody for the duration of the investigation, noting as follows:\n“The acts committed by the defendants are objectively serious. [They] are Chinese nationals, with the exception of defendant J.G. [the applicant’s husband], raising fears that when confronted with the seriousness of the facts attributed to them, they would evade justice and flee to their home country.\nIt is also evident that there is a risk the investigation will be obstructed with regard to the gathering of evidence, as there are numerous investigative steps to be carried out, namely the examination of witnesses.\n... taking into account the profits obtained from the criminal activity, it is also evident that there is a risk that the criminal activity will continue.\n...\nThe defendants Qing Xu and K.G. are primarily responsible for the criminal organisation acting in Portugal... Thus, having regard to the severity and multiplicity of the crimes against them, the risk of absconding and ... obstructing the investigation and finally, it being predicted that a custodial sentence will be imposed after trial, only detention on remand would be adequate and proportionate to the severity of the facts and the preventive aims required in this particular case.\nWith regard to defendants B.G., J.G. [the applicant’s husband] and M.M., the application of other preventive measures which would not deprive them of liberty [medidas não privativas de liberdade] would be proportionate to the purpose of preventing the above-mentioned risks.\nIn view of the above:\n- defendants K.G, Qing Xu and Z.M. should ... be held in pre-trial detention pursuant to Articles 191, 193, 196, 202 § 1 (a) and 204 (a), (b) and (c) of the Code of Criminal Procedure.\n- defendants B.G, M.M. and J.G. [the applicant’s husband] are prohibited from leaving Portugal and must surrender their passports, prohibited from contacting each other, and must attend their nearest police station on a weekly basis ... the prohibition on contact does not apply to J.G. and defendant Qing Xu or to B.G. and defendant K.G., as they live together.”", "13. The applicant appealed against the decision of the investigating judge to the Lisbon Court of Appeal. She complained that there had not been any justification for her arrest or for the application of the custodial measure as her family situation, place of residence and other personal circumstances had not been taken into account when the court had ordered her detention. She also argued that she had voluntarily shown that she was available to be questioned by the authorities in April 2011.", "14. On 13 July 2011 the public prosecutor in charge of the criminal case asked the investigating judge to classify the proceedings as particularly complex, noting that more time was needed to complete the investigation.", "15. On 5 August 2011 the investigating judge accepted the public prosecutor’s request to classify the proceedings as particularly complex and extended the pre-trial detention to twelve months, taking into account the number of applicants and crimes that were being investigated.", "16. On 14 September 2011 the Lisbon Court of Appeal dismissed the applicant’s appeal against the arrest warrant and upheld the court’s decision of 16 June 2011 to hold her in pre-trial detention. The court held, inter alia, the following in relation to the lawfulness of the arrest warrant:\n“...\nThe public prosecutor’s reasoning that ‘there were grounds for considering that [the applicant] would not present herself to the authorities on a scheduled date could not eventually be justified’; however, one cannot say that the arrest warrant was unlawful because of that.”\nIn relation to the necessity of the detention on remand, it noted that:\n“...\nIt can be considered that there is ‘no high risk of the defendant absconding’ since on 29 April 2011, aware of the ongoing criminal proceedings against her, she nevertheless volunteered to be questioned [by the authorities] and even detained. Furthermore, she did not flee from her residence or the country. However, neither her family circumstances nor the measure of electronic surveillance are, at present, capable of safeguarding the risk [relating to the] gathering of evidence...\nIndeed, it would not be possible to safeguard the risk for the investigation, which is very high, especially given the nature of the Chinese community in Portugal.\nAnd it does not avoid the risk of the criminal activity continuing especially since, as said by the public prosecutor at first instance, ‘it was mainly done from home, and the contact was established with third parties.’”", "17. The applicant filed a request for clarification with the Lisbon Court of Appeal regarding its decision of 14 September. On 2 November 2011 it was rejected.", "18. Between October 2011 and February 2012 the applicant lodged three requests with the investigating judge of the Lisbon Criminal Investigation Court asking for her release and the remand in custody to be replaced with police supervision pending trial or house arrest with electronic surveillance, reiterating that there was no risk of her absconding or continuing criminal activity, that she had contacted the police voluntarily, that she had not committed the alleged crimes, that she was a mother of two children living in Portugal, and that she had a permanent place of residence there.", "19. On 12 October 2011, 13 December 2011 and 13 February 2012 the investigating judge of the Lisbon Criminal Investigation Court upheld the decision to maintain her in pre-trial detention, noting as follows:", "20. Between October 2011 and February 2012 the applicant also lodged two requests with the Prosecutor General’s Office to have the criminal inquiry expedited (pedido de aceleração processual).", "21. On 9 November 2011 and 20 February 2012 the Prosecutor General’s Office rejected the request. It substantiated its decisions by the fact that the requests were manifestly ill-founded, given the complexity of the proceedings and the fact that the investigation was under way.", "22. On 19 March, 30 May, 30 August and 19 November 2012 the investigating judge reviewed the grounds for application of the applicant’s pre-trial detention, in accordance with Article 213 § 1 of the CCP. He noted that they remained unchanged and, therefore, upheld the custodial measure applied in respect of the applicant.", "23. On an unspecified date the applicant was indicted and her case sent to the Lisbon Criminal Court for trial.", "24. On 29 January 2013 the investigating judge decided to release the applicant from pre-trial detention and place her under house arrest with electronic surveillance. The relevant parts of the decision read as follows:\n“From the analysis of the case file ... there are no new facts capable of affecting the strong grounds surrounding the acts attributable to the defendants; nor does it seem that the risks mentioned [in the 16 June 2011 order] have ceased to exist.\nFrom the evidence provided to date, namely with regard to their personal and family circumstances, less severe preventive measures can be applied in respect of the defendants. The risk of absconding still exists; however, it can be safeguarded through electronic surveillance.”", "25. On 30 January 2013 the applicant was released from pre-trial detention.", "26. On 20 February 2013 the Lisbon Criminal Court delivered its judgment. The applicant was acquitted of money laundering and forgery. She was convicted of aiding illegal immigration and sentenced to five years’ imprisonment, although the sentence was suspended on the condition that she made an annual payment of EUR 1,500. On the same day she was released from house arrest.", "27. On an unspecified date she appealed against the judgment to the Lisbon Court of Appeal. According to the latest information received on 29 April 2015, the proceedings are still pending." ]

[ "5", "14" ]

[ 7, 11, 13, 14, 17, 19, 20 ]

[]

[ "5. The applicant was born in 1940 and lives in Odessa.", "6. On 4 September 2005 the applicant’s daughter, Ms Ye., and her child D., when crossing a road, were hit by a car driven by Ms M. It appears that the driver called an ambulance and the police. According to her statements to the police, Ms Ye. and the child had stopped at first in the middle of the road giving her the impression that they would wait until the car passed, but then had unexpectedly started running further across the road making the collision inevitable.", "7. On the same day the police inspected the site and questioned some witnesses. They submitted that Ms. Ye. and her daughter had been crossing the road at some distance from the marked pedestrian crossing.", "8. On 21 November 2005 the applicant’s daughter died in hospital. As to the injuries of his granddaughter, they were not dangerous for life.", "9. On 12 December 2005 a forensic medical examination of the body of Ms Ye., which had been started on 23 November 2005, was completed. It established that she had died from the injuries sustained in the accident. The expert also established the victim’s position in respect of the car at the collision.", "10. On 28 December 2005 another expert report was issued. It stated that it had been technically impossible for Ms M. to avoid the accident.", "11. On 29 December 2005 an investigator of the Traffic Accidents Investigation Unit of the Odessa Regional Department of the Ministry of the Interior (слідчий відділу розслідування дорожньо-транспортних пригод ГУ МВС в Одеській області) delivered a ruling refusing to initiate criminal proceedings in respect of the accident. It was established that Ms Ye. and her daughter had been crossing the road unexpectedly and not on a pedestrian crossing, and when the driver, Ms M., had seen them, it had been technically impossible for her to avoid the accident.", "12. On unspecified dates thereafter three additional witnesses of the accident, whom the applicant had identified in the meantime, stated that the collision had taken place at the pedestrian crossing.", "13. The Government submitted to the Court a copy of the notarised agreement of 14 March 2006 signed by Ms M. and her father, for one part, and the applicant, his wife, Ms Ye.’s widower Mr Dr. (the applicant’s son-in-law) and Ms Y.A., another daughter of Ms Ye., for the other part. Its contents are as follows. Ms M. and her father undertook to pay the other party UAH 101,000 (then equivalent of about 16,700 euros (EUR)) “in respect of pecuniary and non-pecuniary damage caused by the traffic accident”. This obligation would be considered discharged if the payment was made to anyone of the cosignatories for the other party. It was additionally noted that, by that time, Ms M. had also paid UAH 87,264 (then equivalent of EUR 14,400) in respect of the victims’ medical treatment. In exchange, the victims’ family undertook not to seek initiation of criminal proceedings and not to lodge any claims or complaints against Ms M. In case they did not comply, they would have to pay back to Ms M., within three days, the amount of the compensation received. As an attachment to the agreement, there was a receipt signed by Mr Dr., the applicant’s son-in-law, in confirmation that he had received the money in question.", "14. The case file did not contain any further information or documents regarding the aforementioned agreement or any follow-up to it. The applicant neither mentioned it in any of his submissions to the Court nor commented on it in reply to the Government’s observations. Accordingly, on 5 June 2015 the Court sent a factual request to the applicant with a view to clarifying the matter. More specifically, the applicant was requested to comment on the agreement of 14 March 2006, namely, to specify whether his family had received the amounts in question and, if so, whether he had had to recover them to the other party given his subsequent criminal complaints in her respect. The applicant replied that he had signed the agreement in question without reading it while being affected by the stress and sorrow caused by the death of his only child. He further noted that it was not him, but his son-in-law, who had received the money from the driver’s family (see also paragraph 31 below).", "15. On 4 April 2006 the applicant complained to the Main Investigation Department of the Ministry of the Interior that the investigation of the traffic accident, which had caused the death of his daughter, had been lengthy and ineffective.", "16. On 13 April 2006 the Ministry of the Interior replied to him that the investigation had been entrusted to the Odessa law-enforcement authorities.", "17. On 6 May 2006 the Odessa Police Department further informed the applicant that it remained open for him to challenge the decision of 29 December 2005 refusing to initiate criminal proceedings in respect of the accident (see paragraph 11 above).", "18. On 20 May 2006 the applicant complained to the Odessa City Prosecutor’s Office (“the city prosecutor”) about the ineffectiveness of the investigation into the death of his daughter.", "19. As a result, on 7 June 2006 the city prosecutor quashed the decision of 29 December 2005 as premature and based on incomplete investigation. He ordered additional investigation, which was to include, in particular, the following measures: establishing the gravity of the child’s injuries and considering the possibility of her questioning in a pedagogue’s presence; questioning the applicant as to how he had identified some additional eye-witnesses of the accident, of whom he had informed the investigation; questioning those witnesses; and considering the possibility of an additional on-site inspection.", "20. On 20 July 2006 another decision not to open a criminal case in respect of the accident was delivered.", "21. On 10 January 2007 the Odessa Regional Prosecutor’s Office (“the regional prosecutor”) quashed the decision of 20 July 2006 as premature and remitted the case to the traffic police for additional investigation.", "22. On 25 January 2007 another forensic technical expert examination report was issued. This time the expert had, in particular, to assess the conflicting accounts of the events given by the witnesses (some of them submitted that the accident had taken place at an unregulated pedestrian crossing, while others maintained that the victims had been crossing the road at some distance from that crossing). It was found impossible to reconcile those two versions.", "23. On 1 March 2007 the investigator again refused to initiate criminal proceedings having found that there was no case to answer.", "24. On 24 March 2009 the regional prosecutor quashed the above decision and opened a criminal case against Ms M. on suspicion of a breach of traffic rules causing the death of the applicant’s daughter. The investigator previously dealing with the case was disciplined for the inadequate and lengthy investigation.", "25. On 20 May 2009 the applicant was attributed the status of an aggrieved party.", "26. On the same day the applicant signed a statement in confirmation that his right to lodge a civil claim had been explained to him. He noted that he intended to lodge such a claim later in the course of the pre-trial investigation once he decided on the amount of the damages.", "27. On 1 June 2009 a forensic medical expert established that the death of Ms Ye. had resulted from the injuries sustained by her in the accident.", "28. On 26 October 2009 the investigator ordered a complex forensic medical and technical expert examination. On 30 November 2009 it was completed. Having analysed the injuries sustained by Ms Ye. and her daughter, as well as the damages to the car of Ms M., the expert established the position of the victims at the time of the accident.", "29. In November 2009 the applicant complained to the regional prosecutor once again that the investigation was not progressing.", "30. On 18 May 2010 yet another technical examination was assigned, and on 30 September 2010 it was completed. The expert concluded that, if the victims had been crossing the road not on the pedestrian crossing, it had been technically impossible for the driver to avoid the accident. If, however, they had been on the pedestrian crossing, it had been possible for her to avoid the accident.", "31. On 25 May 2010 the father of the driver involved in the accident, Mr M., lodged a civil claim against the applicant and his family seeking the termination of the agreement of 14 March 2006 and the recovery of the amounts paid under that agreement (see paragraph 13 above). On 19 August 2010 Mr M., however, withdrew that claim for unknown reason. The information about these events has been provided to the Court by the applicant in his reply to the factual request of 5 June 2015 (see paragraph 14 above), without any further details.", "32. On 7 January 2011 the investigator requested the Odessa transport police to establish the whereabouts of the car involved in the accident and to find who its owner was at that time.", "33. On 18 March 2011 the car involved in the accident was attached as material evidence in the criminal investigation.", "34. On 24 May 2011 a reconstruction of the circumstances of the accident was conducted with the applicant’s participation. He showed where his granddaughter and the body of his daughter had been found.", "35. Having regard to those statements of the applicant, on 6 June 2011 the investigator assigned another forensic technical expert examination. On 9 September 2011 it was completed. The expert found it impossible to establish the exact place of the accident owing to the absence of the documentation regarding the car’s brake trace. Nor could the expert establish whether it had been technically possible for the driver to avoid the accident.", "36. On 10 May 2012 the investigator terminated the proceedings for want of evidence of the driver’s guilt. As noted in his decision, three witnesses stated that the accident had taken place on the pedestrian crossing, while other four witnesses stated that it had been outside the crossing, and it appeared impossible to establish the truth.", "37. On 6 June 2012 the regional prosecutor quashed the above decision and ordered additional investigation. He noted that the initial investigative measures, such as the accident reconstruction, had not reflected all the issues essential for the subsequent technical expert evaluations to establish the pertinent facts with precision. Furthermore, the inquiry authorities had inadequately complied with the assignments given by the investigator.", "38. On 5 July 2012 the investigator ordered an additional forensic medical and technical expert examination. On 6 August 2012 it was completed. It established, in particular, the position of the victims in relation to the car. The examination also confirmed that the applicant’s daughter had died as a result of the accident. Lastly, the expert found it impossible to establish at what speed Ms M. had been driving at the time of the accident.", "39. On 28 January 2013, following the entry into force of the new Code of Criminal Procedure, the information on the case was entered in the Unified Register of Pre-Trial Investigations.", "40. On 15 March 2013 the investigator repeatedly questioned a number of witnesses.", "41. On 12 July 2013 another technical expert examination was assigned. Its results are unknown.", "42. According to the most recent information from the Government, as of 29 November 2013 the investigation was ongoing." ]

[ "2" ]

[ 5, 8, 9, 17, 19, 20, 21, 23, 25, 28, 30, 32, 33, 37 ]

[]

[ "5. The applicant was born in 1961 and lives in Baku.", "6. He was the Deputy Chairman of the Musavat Party. He also worked as a columnist for the Yeni Musavat newspaper.", "7. On 23 January 2013 rioting broke out in the town of Ismayilli, located to the northwest of Baku. According to media reports quoting local residents, the rioting was sparked by an incident involving V.A., the son of the Minister for Labour and Social Protection and nephew of the Head of the Ismayilli District Executive Authority (“the IDEA”). It was claimed that after being involved in a car accident, V.A. had insulted and physically assaulted passengers travelling in the other car involved in the accident, who were local residents. On hearing of the incident, hundreds (perhaps thousands) of local residents took to the streets and destroyed a number of commercial establishments and other properties in Ismayilli thought to be owned by V.A.’s family.", "8. On 24 January 2013 the Ministry of Internal Affairs and the Prosecutor General’s Office issued a joint press statement, placing the blame for the rioting on E.S., a hotel manager, and his relative E.M., who had allegedly been drunk and who, it was claimed, had committed acts of hooliganism by damaging local residents’ property and inciting people to riot.", "9. On 24 January 2013 the Yeni Musavat newspaper decided to send the applicant on a mission to Ismayilli to cover the events in question. A mission order (no. 28) was issued in this respect by the Yeni Musavat for the period from 24 to 25 January 2013.", "10. On 24 January 2013 the applicant travelled to Ismayilli with three other persons. He arrived there in the afternoon. In the city centre he saw Ilgar Mammadov, the Chairman of the Republican Alternative Civic Movement (“REAL”), who was also visiting the town separately from the applicant. They stopped to greet each other and immediately went their separate ways.", "11. Approximately twenty minutes after his arrival in the town, the applicant was arrested by the police and was taken to the local police station. In the police station the applicant was ordered to leave Ismayilli and was sent to Baku in his own car accompanied by a police car.", "12. The Government did not submit any comment in respect of the applicant’s submissions.", "13. On 29 January 2013 the Prosecutor General’s Office and the Ministry of Internal Affairs issued a further joint press statement concerning the events in Ismayilli. It stated that ten people had been charged with criminal offences in connection with the events of 23 January 2013 and they had been detained pending trial. In addition, fifty-two people had been arrested in connection with their participation in “actions causing a serious breach of public order”; some of them had been convicted of “administrative offences” and sentenced to a few days’ “administrative detention” or a fine, while others had been released. The statement further noted that “lately, biased and partial information has been deliberately disseminated, distorting the true nature of these events which were the result of hooliganism”, including information about the large numbers of injured people and the disappearance of one individual. The statement refuted that information, highlighting that only four people had been admitted to the regional hospital with injuries and that no one had disappeared. It further stated, inter alia, the following:\n“Following the carrying out of enquiries, it has been established that on 24 January 2013 the Deputy Chairman of the Musavat Party, Tofig Yagublu, and the co‑Chairman of the REAL Movement, Ilgar Mammadov, went to Ismayilli and made appeals to local residents with a view to engendering social and political destabilisation. These included calls to resist the police, not to obey officials and to block roads. Their illegal actions, which were calculated to inflame the situation in the country, will be fully and thoroughly investigated and receive legal assessment.”", "14. On 1 February 2013 the applicant was questioned as a witness by an investigator at the Serious Crimes Department (“the SCD”) of the Prosecutor General’s Office in connection with the Ismayilli events. After the questioning ended, he left the premises of the SCD and returned home. Despite the Court’s explicit request to the Government to submit copies of all documents relating to the proceedings in question, the Government failed to provide the Court with a copy of the record of the questioning.", "15. On 4 February 2013 the applicant was again questioned by the investigator. Moreover, according to the applicant, face-to-face confrontations were held between the applicant and two persons, R.N. and I.M., who attested that the applicant had incited protesters to throw stones at and to disobey the police. The applicant rejected the accusations against him submitting that they were false and fabricated.", "16. Despite the Court’s explicit request to the Government to submit copies of all documents relating to the proceedings in question, the Government failed to provide the Court with a copy of the record of the questioning, or of the face-to-face confrontations between the applicant and R.N. and I.M. These confrontations were not mentioned in the official charges against the applicant (see paragraph 17 below) or in any other official document made available to the Court by the parties relating to the applicant’s pre-trial detention.", "17. On the same day the applicant was charged with criminal offences under Articles 233 (organising or actively participating in actions causing a breach of public order) and 315.2 (resistance to or violence against public officials, posing a threat to their life or health) of the Criminal Code. The specific acts attributed to the applicant were described as follows in the investigator’s decision of 4 February 2013:\n“Beginning at around 3 p.m. on 24 January 2013, Yagublu Tofig Rashid oglu,\nhaving taken advantage of the fact that from around 9.30 p.m. on 23 January 2013 a group of persons in the town of Ismayilli had engaged in acts of malicious hooliganism causing a serious breach of public order, had deliberately burned, in a publicly dangerous manner, property belonging to various persons [including] the Chirag Hotel, four cars, five mopeds and scooters, and an auxiliary building located in the yard of a private residential house, and had committed acts of violence against Government officials,\nhaving, in his false way of thinking, considered [the above events] as a ‘rebellion’,\naiming to make the above acts develop and acquire a continuous character in order to create artificial tension and to violate the social and political stability in the country,\nbeing a resident of Baku, arrived in Ismayilli and, together with Mammadov Ilgar Eldar oglu and with the active participation of others, [committed the following:]\norganised, as an active participant, acts causing a serious breach of public order, by means of openly and repeatedly inciting town residents [E.I.], [M.A.] and others, who had gathered at the square near the administrative building of the Regional Education Department located on the Nariman Narimanov Street opposite to the administrative building of [the IDEA], [to do the following:]\n[i] to enter in masses into the area in front of the building of [the IDEA], which is the competent body of the executive power of the Republic of Azerbaijan, and by doing so to create difficulties for the movement of traffic and pedestrians, [ii] to disobey the lawful demands to disperse, made by Government officials wanting to stop their illegal behaviour, [iii] to resist uniformed police officers protecting the public order, by way of committing violent acts posing danger to [police officers’] life and health, using various objects, [iv] to disrupt the normal functioning of [the IDEA], State enterprises, bodies and organisations, as well as public-catering, commercial and public-service facilities, by way of refusing to leave, for a long period of time, the areas where the acts seriously breaching the public order were being committed, and [v] to stop the movement of traffic, by way of blocking the central avenue and the Nariman Narimanov Street, and\nwas finally able to achieve that, at around 5 p.m. of the same day in the town of Ismayilli, a group of persons consisting of [E.I.], [M.A.] and others had marched in masses from the mentioned square in the direction of the administrative building of [the IDEA] and had thrown stones at officers of the relevant bodies of the Ministry of Internal Affairs who were preventing [this march] in accordance with the requirements of the law.\nBy these actions, Yagublu Tofig Rashid oglu committed the criminal offences under Articles 233 and 315.2 of the Criminal Code of the Republic of Azerbaijan.”", "18. On 4 February 2013 the prosecutor lodged a request with the Nasimi District Court asking for the application of the preventive measure of remand in custody (həbs qətimkan tədbiri) in respect of the applicant. Despite the Court’s explicit request to the Government to submit copies of all documents relating to the proceedings in question, the Government failed to provide the Court with a copy of the prosecutor’s request.", "19. On the same day a hearing was held before the Nasimi District Court in the presence of the applicant, his lawyer, an investigator and a prosecutor. It appears from the court decision that at the hearing, to explain the necessity of pre-trial detention, the investigator and the prosecutor gave reasons such as the likelihood of the applicant absconding from and obstructing the investigation, and the nature of the criminal acts attributed to him. However, they did not refer to any evidence implicating the applicant in the events in Ismayilli. The applicant and his lawyer submitted that the accusation against the applicant was groundless and was not supported by any evidence. In particular, the applicant submitted that he had visited Ismayilli as a journalist to cover the events there and he had spent only thirty minutes in total in the town. He also stated that he had had no other link to the events in question. The applicant’s lawyer stated that there were no reasons to believe that the applicant would abscond from or interfere with the investigation.", "20. By a decision of 4 February 2013, the Nasimi District Court ordered the applicant to be detained for a period of two months pending trial. The relevant part of the decision read as follows:\n“The materials collected in respect of the criminal investigation give rise to sufficient grounds to believe initially, in accordance with the principle of presumption, that Yagublu Tofig Rashid oglu committed the acts provided for in Articles 233 and 315.2 of the Criminal Code of the Republic of Azerbaijan in force.\nTaking into account the character and degree of danger to the public of the criminal offences attributed to the accused, the fact that he is charged with a criminal offence qualified as less serious crime, as well as the existence of sufficient grounds to believe that, if released, he would abscond from the investigation and the court or influence other persons involved in the proceedings, the court considers that the request must be granted and the preventive measure of remand in custody must be applied in his respect.”", "21. On an unspecified date the applicant appealed against this decision. He complained that there was no evidence that he had committed any criminal offence and there had been no justification for the application of the preventive measure of detention pending trial.", "22. On 8 February 2013 the Baku Court of Appeal dismissed the applicant’s appeal, finding that the detention order was justified. In this connection the appellate court held that the first-instance court had correctly taken into account the fact that the applicant had been charged with a less serious criminal offence punishable by more than two years’ imprisonment, and the likelihood that if released he might abscond from the investigation and obstruct the normal functioning of the investigation.", "23. The applicant’s arrest and the institution of criminal proceedings against him attracted significant public and media interest both inside the country and internationally.", "24. Immediately after the applicant’s arrest, a number of domestic NGOs, as well as international NGOs such as Amnesty International and Human Rights Watch, condemned the authorities’ actions, deeming the arrest to be “politically motivated persecution” on “trumped up” charges.", "25. On 6 February 2013, Pedro Agramunt and Joseph Debono Grech, PACE Monitoring Committee co-rapporteurs on Azerbaijan, expressed their concern at the arrest of the applicant, noting that it “gave rise to justified doubts and legitimate concerns” and urging the authorities to release the applicant and Ilgar Mammadov.", "26. On 8 February 2013, Thorbjørn Jagland, the Secretary General of the Council of Europe, made the following official statement:\n“I am concerned by the recent events in Azerbaijan and the heavy-handed response of the police to the protests. I am particularly disturbed by the arrest on 4 February of Tofig Yagublu and Ilgar Mammadov, in relation to recent events in Ismayilli.\nMr Mammadov is the Director of the Baku School of Political Studies, a close co‑operation partner of the Council of Europe. Today’s decision of the Baku Court of Appeal not to release these two men and its refusal to allow the Council of Europe’s representative to be present during the court proceedings is of particular gravity.\nI call on the authorities of Azerbaijan to respect the fundamental principles and legally-binding standards of the European Convention of Human Rights, which they have undertaken to uphold when joining the Council of Europe.”", "27. On an unspecified date the applicant lodged a request with the Nasimi District Court asking to be put under house arrest in place of pre-trial detention. He claimed, in particular, that his detention had not been justified and that there was no reason for its continuation. In support of his request, the applicant pointed out that he had a permanent place of residence and that there was no risk of his absconding from or obstructing the investigation.", "28. On 5 March 2013 the Nasimi District Court dismissed the request and found that the preventive measure should be left “unchanged”. The relevant part of the decision read:\n“Taking into account the character and degree of danger to the public of the criminal offences attributed to the accused, the court considers that it is not possible to attain the objective of the preventive measure without keeping the accused Yagublu Tofig Rashid oglu in detention and totally isolating him from society. For this reason, the request must be dismissed in accordance with Article 163 of the Code of Criminal Procedure of the Republic of Azerbaijan.”", "29. On 14 March 2013 the Baku Court of Appeal upheld the Nasimi District Court’s decision of 5 March 2013.", "30. On an unspecified date the prosecutor lodged a request with the court asking for an extension of the applicant’s pre-trial detention by two months, noting that more time was needed to complete the investigation. Despite the Court’s explicit request to the Government to submit copies of all documents relating to the proceedings in question, the Government failed to provide the Court with a copy of the prosecutor’s request.", "31. On 18 March 2013 the Nasimi District Court examined the prosecutor’s request for the extension of the applicant’s detention period. At the hearing, the applicant and his lawyer asked the judge to dismiss the prosecutor’s request, submitting that the applicant had not committed any criminal offence and had no link to the events in Ismayilli. The applicant’s lawyer also submitted that the applicant had always cooperated with the investigation, that there was no risk of his absconding, and that the investigation had failed to justify his continued detention. On the same date the judge extended the applicant’s detention pending trial by two months, until 6 June 2013. He substantiated the necessity of the extension of the applicant’s detention as follows:\n“Taking into account that the pre-trial detention period of Tofig Yagublu ends on 4 April 2013 and that it is not possible to carry out the investigative steps indicated in the request during the remaining period of time, as well as the existence of sufficient grounds to believe that, if released, he would abscond from the investigation and thus fail to comply with requests to meet with investigators without any good reason, and disrupt the normal course of the investigation by unlawfully influencing persons involved in the proceedings and having regard to the character of the acts attributed to him, the court considers that the detention period of Tofig Yagublu must be extended for a period of two months, namely until 4 June 2013.”", "32. On an unspecified date the applicant appealed against this decision, claiming that the extension of his detention was unlawful. He noted, in particular, that there was no evidence that he had committed any criminal offence, that the investigating authorities had not taken any investigative steps, and that the first-instance court had not taken into account his family situation, place of residence or other personal circumstances when it had extended his detention.", "33. On 29 March 2013 the Baku Court of Appeal dismissed the applicant’s appeal. The appellate court made no mention of the applicant’s specific complaints.", "34. It appears from the case file that on 25 April 2013 the applicant was charged with new criminal offences under Articles 220.1 (mass disorder) and 315.2 (resistance to or violence against public officials, posing a threat to their life or health) of the Criminal Code. In essence, the charge under Article 220.1, which carried a much heavier sentence (four to twelve years’ imprisonment), replaced the previous charge under Article 233. The investigator’s decision in this respect was not made available to the Court by the Government.", "35. One of the effects of the new charge under Article 220.1 of the Criminal Code was that the applicant could no longer apply for bail, because the law did not permit individuals accused of deliberately committing “serious crimes” to be released on bail. Moreover, as a person charged with a serious crime, the applicant’s pre-trial detention could now be extended for a longer period overall.", "36. It appears from the case file that on 15 May 2013 the Nasimi District Court decided to extend the applicant’s detention period for a further three months. The Government did not provide the Court with a copy of the Nasimi District Court’s decision of 15 May 2013.", "37. On 21 May 2013 the Baku Court of Appeal upheld the Nasimi District Court’s decision of 15 May 2013. The relevant part of the appellate court’s decision read as follows:\n“Relying on the above mentioned, the panel of the court considers that the first‑instance court took into account: the fact that the grounds for the detention of Yagublu Tofiq Rashid oglu are still valid; that a number of investigative steps still needed to be taken for the completion of the investigation; the complexity of the criminal case; the gravity of the criminal offence committed by the accused; and the existence of sufficient grounds to believe that, if released, he would abscond from the investigation. [The first-instance court] reached a correct, lawful and justified conclusion concerning the necessity of the extension of the detention period of Yagublu Tofig Rashid oglu.”", "38. On 13 August 2013 the Nasimi District Court extended the applicant’s detention for a period of three months, that is to say until 4 December 2013. It appears from the decision that the applicant and his lawyer stated before the court that the applicant had not played any role in the events of Ismayilli and had not committed any criminal offence. They further submitted that the applicant had always cooperated with the investigation and that there was no risk of his absconding. The relevant part of the decision of 13 August 2013 read as follows:\n“Taking into account that the pre-trial detention period of Tofig Yagublu ends on 4 September 2013, that numerous persons were involved in the proceedings the size of the case file, the complexity of the criminal case, the necessity of carrying out the investigative steps indicated in the request and that sufficient time was needed to do so, and that it is not possible to carry out these steps indicated in the request during the remaining period of time, as well as the existence of sufficient grounds to believe that, if released, he would abscond from the investigation and fail to answer calls to meet with investigators without any good reason, and disrupt the normal course of the investigation by unlawfully influencing persons involved in the proceedings, and the nature of the act attributed to him, the court considers that the detention of Tofig Yagublu must be extended for a period of three months, that is to say until 4 December 2013.”", "39. On an unspecified date the applicant appealed against this decision reiterating his previous complaints.", "40. On 22 August 2013 the Baku Court of Appeal dismissed the appeal. The appellate court’s reasoning was essentially the same as in the previous extension decisions.", "41. No further extension decisions were included in the case file.", "42. The applicant’s criminal trial began in November 2013. On 17 March 2014 the Shaki Serious Crimes Court convicted the applicant and sentenced him to five years’ imprisonment.", "43. On 24 September 2014 the Shaki Court of Appeal upheld the applicant’s conviction.", "44. The applicant’s cassation appeal is pending before the Supreme Court." ]

[ "5" ]

[]

[]

[ "5. The applicant is a Russian national who was born in 1960 and lived before his arrest in Vatazhnoe, a village in the Astrakhan region.", "6. On or around 22 December 2003 the applicant sold drugs to B. and O.", "7. On 1 March 2004 B. and O. sold a quantity of those drugs to Su., a police officer taking part in an undercover operation.", "8. In March 2004 the Voronezh branch of the Federal Drug Control Service (“FSKN”) instituted criminal proceedings against B. and O. When questioned they submitted that they had purchased drugs from the applicant, who lived in Astrakhan.", "9. On 20 May 2004 the FSKN instituted criminal proceedings against the applicant and ordered a “test purchase” from him, to be carried out with the help of B. and two undercover police officers, Sh. and P.", "10. The covert operation took place between 3 and 5 June 2004 in a hotel in Astrakhan, where Sh. had booked a room. Audio recording devices were installed in the room and the hotel was placed under surveillance. The applicant alleged that during the operation the police had poisoned him with an unknown substance, which had resulted in him being admitted to a prison hospital.", "11. According to the arrest record drafted at 3.30 p.m. on 5 June 2004, police arrested the applicant in the hallway of the eighth floor of the hotel on the grounds that “witnesses and eyewitnesses indicated that the applicant had committed a criminal offence”. The record also indicated that immediately after his arrest the applicant had been apprised of his right to be assisted by counsel and that he had been searched. The search and its results were described as follows:\n“... Mr Chukayev was asked to hand over of his own free will any powerful narcotic substances ... he had been keeping on himself unlawfully, money acquired illegally... In reply to the investigator’s request, Mr Chukayev explained that he had none of those things except money, which he had made illegally from selling a narcotic substance, heroin, in a quantity of approximately 38-50 grams. He also explained that the money he had made illegally was in his bag, and submitted that he wished to give it [to the investigator] of his own free will. As a result of the personal search, Mr Chukayev took the money out of his bag voluntarily ...”", "12. According to the applicant, investigator L. refused to provide him with a lawyer immediately after his arrest on the grounds that no investigating activities were being carried out in respect of him, therefore he did not need a lawyer. The applicant also stated that he had not been questioned on the day of his arrest.", "13. According to the arrest record, which he had signed, the applicant had made no comments concerning its contents or any other matters, and his wife had been notified of his arrest over the telephone.", "14. Following the personal search, the investigator seized other money found in his pockets along with his identity papers, mobile phone and some other items. The personal search was photographed.", "15. On the same day the investigator ordered fingerprint and palm print chemical expert reports. The applicant’s fingerprints and palm prints were taken. The applicant alleged that he had not been informed of the request for these reports or their results. He had only learnt of the expert analyses while reviewing the criminal case file in March 2005.", "16. On 6 June 2004 the investigator started questioning the applicant as a suspect. According to the interrogation report, lawyer Or. was present during questioning. The applicant alleged that he had refused to give a statement for health reasons, whereas the interrogation report stated that he had invoked his right not to incriminate himself and refused to testify. According to the interrogation report, which he had signed, the applicant had no comments concerning its contents or any other matters.", "17. On 6 June 2004 the Kirovskiy District Court of Astrakhan (“the District Court”) remanded the applicant in custody. He alleged that counsel Or. had not represented him properly at that hearing. His detention was extended on several subsequent occasions. He remained in detention until his conviction on 14 October 2005.", "18. On 11 June 2004 the applicant was charged with drug offences and questioned in the presence of counsel I. It is apparent from the record of that interview duly signed by him that he had understood the charges against him and denied all of them. He refused to make a statement.", "19. On 16 August 2004 new charges were brought against the applicant in the presence of his counsel. He was charged with two counts of drug trafficking, namely unlawfully acquiring, transporting and possessing drugs with intent to sell, and selling drugs to B. and O. in December 2003 and Sh. on 5 June 2004.", "20. On 17 February 2005 the District Court returned the criminal case to the prosecutor because the applicant had not had sufficient time to review the criminal case file. In March 2005 he finished doing so.", "21. The trial took place in the District Court between April and October 2005. The applicant was represented by counsel M. and I. The court heard him and several witnesses, and examined the pre-trial statements of absent witnesses as well as physical evidence.\n(a) The applicant’s testimony", "22. The applicant denied all the charges against him. He testified, in particular, that he had met B. in November 2003 and had helped him to buy fish wholesale. On 5 June 2004 they had met because B. had brought some money he had owed him and had wanted to arrange another purchase of fish from him with Sh.\n(b) Witness statements in court as to the first set of charges", "23. During the examination of the first set of charges against the applicant, namely unlawfully acquiring and possessing drugs and selling drugs to B. and O. in December 2003, the District Court heard, and the applicant questioned, O., Av., Le., Sv., Iv. and Yu. as witnesses.\n(i) Statements by witness O.", "24. Witness O. testified that in November 2003 he and B. had gone to Astrakhan from Voronezh and had bought fish from the applicant. Later, the applicant had contacted them and said that he could supply more fish. They had gone to Astrakhan again, where B. had bought drugs from someone. At the end of the investigation of the criminal case against him and B., the police had asked them, in exchange for a more lenient sentence, to go to Astrakhan again and incite the applicant to sell them drugs. He had refused, whereas B. had agreed.", "25. O.’s testimony in court contradicted his earlier statements made during the pre-trial investigation and the prosecutor asked to have his pre‑trial statement read out in court. The applicant did not object to this request and it was granted.", "26. It was apparent from O.’s pre-trial statement that he and his business partner B. had been buying fish in Astrakhan and selling it in Voronezh. In November 2003, during their stay in Astrakhan, B. had met the applicant, who had promised to help them purchase some fish. In December 2003 they had again been in Astrakhan, where they had bought heroin from the applicant and transported it to Voronezh.\n(ii) Statements by police officers Av., Le., Sv. and attesting witnesses Iv. and Yu.", "27. Witness Av., a police officer, testified that he had taken part in the planning of the covert operation in June 2004 and had been present at the time of the applicant’s arrest and personal search. He had heard the applicant say at the time of his arrest that he had made money from selling drugs.", "28. Witnesses Le. and Sv., police officers from the Voronezh police department, submitted that they had taken part in B. and O.’s arrest in March 2004 after they had tried to sell drugs to an undercover police officer.", "29. Witness Iv. submitted that in March 2004 police had asked him to be an attesting witness during a search of B.’s apartment in Voronezh.", "30. Witness Yu. submitted that in March 2004 police had asked him to be an attesting witness in the covert operation.\n(c) Pre-trial witness statements as to the first set of charges", "31. The prosecutor submitted two requests to have B. summoned as a witness; however, according to medical documents submitted to the District Court, B. could not attend the hearing because he had a serious oncological condition (cancer) and accompanying speech problems. The District Court then granted the prosecutor’s request, despite the applicant’s objections, to have B.’s pre-trial statement read out and admitted as evidence.", "32. Witness B. testified in his pre-trial statement that his business partner O. had introduced him to the applicant in November 2003. The applicant had agreed to be an intermediary in his business, which involved supplying fish in Voronezh. On or around 15 December 2003 B. and O. had come to Astrakhan to buy fish. The applicant, however, had not had enough fish for them. B. had serious financial difficulties so O. had suggested buying drugs from the applicant. O. had assured B. that he had an established drug distribution network in Voronezh and that he would help B. to sell drugs within three days to resolve his financial troubles. That had been the first time B. had learnt that the applicant sold drugs. On or around 18 December 2003 the applicant had sold 1.5 kilograms of heroin to B. and O. They had then transported it to Voronezh. The police had arrested them there when they had been trying to sell heroin.", "33. The District Court also read out and admitted pre-trial statements of five prosecution witnesses as evidence.", "34. Witness R. testified in his statement that in March 2004 he had organised and supervised the covert operation during which B. and O. had sold drugs to undercover officer Su.", "35. Witness Su. testified that he had gone undercover to buy drugs from B. and O. during the covert operation in March 2004. He described the manner in which it had been carried out.", "36. Attesting witnesses M., D. and Z. testified in their statements that in March 2004 the police had asked them to serve as attesting witnesses in the undercover operation, during which they had observed the manner in which the test purchase had been carried out in respect of B. and O.\n(d) Witness statements in court as to the second set of charges", "37. During the examination of the second set of charges against the applicant the District Court questioned three police officers (Sh., K. and Sha.) and two attesting witnesses.", "38. Witness Sh. submitted that in June 2005 he had taken part in the test purchase from the applicant. B. had identified the applicant as the dealer. During the covert operation he and B. had met the applicant several times in the hotel room. At their last meeting the applicant had sold Sh. about 50 grams of heroin.", "39. Witness K. testified that he had been responsible for monitoring the undercover operation in respect of the applicant in the summer of 2004.", "40. Witness Sha. testified that he had arrested the applicant immediately after the test purchase, and that he had said at the time of his arrest that he had made money from selling drugs.", "41. Witnesses Shi. and Ba. testified that the police had asked them to serve as attesting witnesses in the undercover operation, during which they had observed the manner in which the test purchase had been carried out in respect of the applicant.\n(e) Witness pre-trial statements as to the second set of charges", "42. The District Court also read out a pre-trial statement of absent witness B.", "43. B. testified that he had agreed to take part in the test purchase from the applicant. A police officer, Sh., had been designated as the buyer. In late May B. had called the applicant to inform him that he had already sold the drugs to a certain person, someone who was interested in buying more drugs from him, but as wished to do so in person he would come to Astrakhan. The applicant had agreed and said that he would arrange the deal.", "44. B. then described in detail how the covert operation had been carried out between 2 and 5 June 2004. In particular, he had called the applicant several times over those days to arrange a meeting with him. On 3 June 2004 the applicant had come to their hotel and B. had introduced him to Sh., who had asked the applicant to supply him with 2 kilograms of heroin and discussed other terms of the deal. The applicant had said that he could only get 1.2 kilograms of heroin and they had agreed to meet the following day. On 4 June 2004 the applicant had come to their hotel and said that he had contacted the dealers and that they would call him back. They had all stayed in the hotel room until the applicant had received a telephone call. The applicant told them that he would bring the heroin the next day. On 5 June 2004 the applicant had come to their hotel with about 38 grams of heroin. When Sh. had asked him about the remaining amount, the applicant had explained that he could bring more in two days. However, he had 9 grams on him for personal use so Sh. had agreed to buy that too. Sh. had handed money over to the applicant, who had said that he would go downstairs to get change. When he had left the room he had been arrested by the police.\n(f) The applicant’s conviction", "45. On 14 October 2005 the District Court sentenced the applicant to nine years’ imprisonment, after finding him guilty of drug offences, in particular the sale of drugs to B. and O. in December 2003 and Sh. on 5 June 2004. The court admitted the following material as evidence:\n(i) the statements made during trial by O., Av., Le., Sv., Iv. and Yu. and the pre-trial statements of B., R., Su., M., D. and Z;\n(ii) the statements made during trial by Sh., K., Sha., Shi. and Ba. and the pre-trial statement of B.\n(iii) a record of the examination of the banknotes used to buy drugs from the applicant;\n(iv) the test purchase record;\n(v) the arrest record of 5 June 2004;\n(vi) a transcript of the audio recording made in the course of the test purchase;\n(vii) forensic chemical examination reports of substances seized at the crime scene;\n(viii) a forensic examination report of the applicant’s palm prints.", "46. The court did not examine the forensic report of the applicant’s fingerprints or admit it as evidence.", "47. The forensic examination report of the applicant’s palm prints showed that the applicant had had no drug residue on his palms.", "48. The District Court did not use the applicant’s interrogation report of 6 June 2004 as evidence.", "49. In his appeal against the conviction the applicant complained, among other things, that the trial court had not ensured the presence of a key prosecution witness, B.", "50. On 2 March 2006 the Astrakhan Regional Court (“the Regional Court”) upheld the applicant’s conviction. It held that according to medical certificates, B. was suffering from cancer and could not speak. The trial court had therefore lawfully decided that his situation could be considered to be “other exceptional circumstances” which had prevented him from appearing at the hearing, and that his testimony could be read out in accordance with Article 281 of the Code of Criminal Procedure (see paragraph 77 below).", "51. On an unspecified date in 2006 the applicant applied to the Presidium of the Regional Court for a supervisory review of his conviction.", "52. On 29 August 2006 it examined the applicant’s case by way of supervisory review. Neither the applicant nor his counsel were present at that hearing. The Presidium amended the judgment of 14 October 2005 as upheld on 2 March 2006 in so far as the applicant’s actions on 5 June 2004 had been classed as a drug offence, and held that his actions should have been classed as an attempt to commit a drug offence. It upheld the remainder of the judgment of 14 October 2005.\n(b) Second set of supervisory review proceedings", "53. On 6 March 2009 a judge of the Supreme Court of the Russian Federation (“the Supreme Court”) referred the case to the Presidium of the Supreme Court for examination on the merits, at the request of the Prosecutor General of the Russian Federation.", "54. On 2 April 2009 the Supreme Court quashed the decision of 29 August 2006 by way of supervisory review, on the grounds that the applicant had not been duly informed of the date of the hearing, and had therefore been unable to attend. It remitted the case to the Presidium of the Regional Court for fresh examination.\n(c) Third set of supervisory review proceedings", "55. On 19 May 2009 the applicant requested the Presidium of the Regional Court (“the Presidium”) to provide him with legal aid counsel for the hearing before it. He claimed that he had insufficient means to pay for a lawyer.", "56. On 2 June 2009 the Presidium examined the criminal case against the applicant by way of supervisory review. He was present at the hearing and was assisted by legal aid counsel K.", "57. The applicant objected to the panel of the Presidium on the grounds that it had already examined his case by way of supervisory review on 29 August 2006. The Presidium dismissed this objection, finding that the decision of 29 August 2006 had been quashed on procedural grounds. There was therefore no reason to exclude these judges from the new examination of the case.", "58. The applicant submitted on the merits of the case that at the time of his arrest he had not been informed of his rights or provided with a lawyer and that the record of his arrest had been forged. He also had not received a copy of the arrest record or been able to question key prosecution witness B. at the trial.", "59. Having examined the case file, the Presidium found that the applicant’s grounds of appeal were unsubstantiated. In particular, it held that the arrest record of 5 June 2004 had been duly authenticated and signed by the applicant, who had been informed of his rights, including the right to be represented by counsel. He did not however request that counsel be instructed or make any comments in the record. The Presidium also noted that statements by prosecution witnesses had been read out at trial in accordance with the law.", "60. The Presidium amended the judgment of 14 October 2005 as upheld on 2 March 2006, held that the applicant’s actions on 5 June 2004 should have been classed as an attempt to commit a drug offence, and upheld the remainder of the judgment of 14 October 2005.", "61. By a decision issued on the same day the Presidium ordered the recovery of counsel’s fees in the amount of 1,485.85 Russian roubles (RUB) (about 30 euros (EUR)) from the applicant for the representation in the supervisory review proceedings.", "62. In the course of the criminal proceedings the applicant was detained in remand prison IZ-30/1 in Astrakhan during the following periods:\n(a) between 6 and 9 June 2004;\n(b) between 9 July and 16 December 2004;\n(c) between 28 December 2004 and 11 April 2006; and\n(d) between 27 February and 26 March 2008.", "63. During the first three periods the applicant was detained in different cells. All of them were overcrowded and infested with insects. They measured about 25 square metres each and contained six bunk beds. He did not have an individual sleeping place and inmates had to take turns to sleep. Some cells were not equipped with ventilation system, while in others it was not working. The electric lighting was always on. The toilet was not separated from the rest of the cells.", "64. During his last period of detention the applicant was detained in cell 5 located in the basement. He was not provided with any bedding or cooking utensils. Remand prison officers told him that he should have brought his own bedding. The cell was very cold and damp. Since he did not have any bedding he was obliged to sleep in his clothes. The windows were closed all the time and let in no daylight. The cell was never ventilated. The toilet was in the corner of the cell and offered no privacy. The dining table was very close to the toilet. The cell was infested with insects. Detainees could take a fifteen-minute shower once a week.", "65. On an unspecified date the applicant was transferred to correctional colony IK-2 in the Astrakhan region to serve his sentence. It appears that in 2010 he was transferred to correctional colony IK-6, also in the Astrakhan region.", "66. The applicant submitted that the authorities of IK-2 and IK-6 had opened and read a number of the Court’s letters to him, in particular one dated 13 September 2006 acknowledging receipt of his application and giving him further information on the conduct of the proceedings before the Court, and others dated 21 November 2006, 15 January, 20 February, 22 and 29 May 2007, and 26 February 2008. The applicant provided the Court with copies of these letters. All of them had been stamped by the colony authorities.", "67. The applicant also submitted that the colony authorities had delayed in sending the Court’s letters to him.", "68. The Government claimed that during his detention in IK-2 and IK-6 the applicant had sent one letter to the Court and had received 11 letters from the Court. The receipt and dispatch of letters had been properly recorded in the prison log book. Some letters addressed to the applicant had been opened for registration purposes only. They had not been censored and had been handed over to the applicant in their entirety. One letter had been forwarded to the applicant after a four-day delay due to an omission by one of the prison employees who had been duly reprimanded in the intervening period." ]

[ "3", "8", "6" ]

[ 6, 7, 8, 9, 10, 11, 13, 16, 20, 21, 22, 23, 26, 27, 29, 30, 31, 33, 40, 41, 42, 45, 51, 54 ]

[]

[ "5. The applicants were born in 1970 and 1987 respectively. The first applicant lives in Noviy Redant, Ingushetia, and the second applicant in Mayskiy (also spelled as Mayskoye), North Ossetia-Alania. The first applicant is the sister of Mr Akhmed Buzurtanov, who was born in 1983. The second applicant is his wife.", "6. At the material time Mr Akhmed Buzurtanov was working as a martial arts trainer in the “Ellin” sports club (gym) (in the documents submitted also referred to as the “Kaloy” sports club) in Nazran, Ingushetia. He was the mixed martial arts European champion and a well-known sportsman in the region. He and the second applicant lived in Mayskiy, a settlement on the border between North Ossetia-Alania and Ingushetia. Permanent checkpoint no. 105, also known as “Chermenskiy krug”, was located between Mayskiy on one side of the border and the settlement of Chermen on the other. The checkpoint was equipped with CCTV cameras. Every passing vehicle was checked along with the driver’s and passengers’ identity documents. From the documents submitted to the Court it appears that other traffic checkpoints were located in the area.", "7. Between 9 and 10 p.m. on 6 December 2012 Mr Akhmed Buzurtanov was driving home from Nazran in his white Lada-Priora car with registration number AH214A06. At about 10 p.m. he called his wife saying that he would arrive soon, but he did not. The applicants tried to call him, but his mobile phone was switched off. At around 5 a.m. on 7 December 2012 the applicants and their relatives found Mr Akhmed Buzurtanov’s training shoe, socks and hat in a street in the neighbourhood.", "8. At about 9.30 a.m. on 7 December 2012 Mr Akhmed Buzurtanov’s car was found in the vicinity of Mayskiy, not far from the motorway. The car’s front side windows were smashed and the front of the vehicle had been damaged.", "9. According to the applicants, in the evening of 6 December 2012 Mr Akhmed Buzurtanov had been stopped about 200-300 metres from his house by masked men in military uniforms, who had followed him in three cars. The men had forced him into one of their vehicles and taken him to an unknown destination. The applicants did not witness the abduction.\n(b) Subsequent developments", "10. On 20 and 24 December 2012 a local newspaper published an article concerning a meeting held on 17 December 2012 (in the documents submitted the date was also referred to as 20 December 2012) by the President of Ingushetia, Mr Yunus‑Bek Yevkurov, and other high-ranking officials with members of the sports club where Mr Akhmed Buzurtanov had worked. Information about the meeting, held in Ingush, was posted on various websites. At the meeting one of the officials stated that Mr Akhmed Buzurtanov had been aiding a member of an illegal armed group, Mr D. The President of Ingushetia reminded them that at his previous meetings with members of the sports community, at which Mr Akhmed Buzurtanov had also been present, he had warned them not to engage in illegal acts. The President also said that he had information concerning phone calls proving Mr Akhmed Buzurtanov’s involvement in illegal activities. A video recording of the meeting was provided to the investigating authorities (see paragraph 44 below).", "11. The applicants have had no news of Mr Akhmed Buzurtanov since his alleged abduction.", "12. The Government contested neither the applicants’ description of the circumstances of the abduction, nor their account of the subsequent events. However, they stated that the alleged abduction had taken place in the absence of witnesses and that there was no evidence that the perpetrators had been State agents.", "13. In reply to the Court’s request for a copy of the contents of the criminal case file opened in connection with the disappearance, the Government submitted copies of documents running to 1,570 pages. From the documents submitted, the domestic investigation can be summarised as follows.", "14. On 7 December 2012 the second applicant complained to the Prigorodniy District Investigations Department in the Republic of North Ossetia-Alania (“the investigations department”), stating that her husband had disappeared while driving home from Ingushetia.", "15. On the same date the investigations department opened criminal case no. 21/1908 into the events under Article 105 of the Criminal Code (murder). The applicants were informed thereof.", "16. On the same day the investigators examined the crime scene. They collected from the scene the hat, the training shoe and the socks.", "17. Also on the same date, 7 December 2012, the investigators examined Mr Akhmed Buzurtanov’s car, which had been found with smashed windows eighty metres from the Vladikavkaz-Mozdok motorway. They found traces of blood in the car. The investigators collected a number of pieces of evidence, such as a finger print from pack of cigarettes, thirteen swabs of various parts of the vehicle (including the steering wheel and breaks), a number of items of clothing, two bags, a mobile telephone, eight memory cards, pieces of broken glass and a police service identity card certifying that Mr Akhmed Buzurtanov worked as a policeman in Ingushetia. On the same date a forensic expert examination of the evidence was ordered. The applicants were informed thereof.", "18. On 8 December 2012 the second applicant was granted victim status in the criminal case.", "19. On 10 December 2012 the investigators requested that the Prigorodniy District Court grant permission to obtain the list of calls and other connections made from Mr Akhmed Buzurtanov’s and the second applicant’s mobile telephones between 1 and 7 December and 6 and 7 December 2012. In addition, the investigators requested permission to obtain the list of all mobile connections made in the vicinity of the crime scene (see paragraph 7 above) between 6 and 7 December 2012. On 12 December 2012 the permissions were granted and on 19 and 21 December 2012 the lists were examined.", "20. On 11 December 2012 the investigators requested that the Prigorodniy District Court grant permission to tap for thirty days the mobile telephone of Mr Akhmed Buzurtanov’s aunt, Ms Kh.B., and that of the second applicant, as earlier on the same date the investigators had obtained operational information that the perpetrators would try to call them to discuss payment of ransom for Mr Akhmed Buzurtanov.", "21. On the same date the second applicant requested that the investigators provide her with information on the progress of the investigation and with copies of the case-file documents. On 13 December 2012 the investigators granted the request in part, stating that under national law, prior to the completion of the investigation the applicant was entitled to obtain copies of certain procedural documents but not the entire contents of the case file.", "22. Also on the same date, 11 December 2012, the second applicant requested that the investigators provide her with information concerning the list of connections made to and from Mr Akhmed Buzurtanov’s mobile telephone from 7 p.m. on 6 December to 11 December 2012 and the information from the CCTV cameras installed at checkpoint “Kizlyar” on the motorway next to Mayskiy between 6 p.m. on 6 December and 3 a.m. on 7 December 2012. On 13 December 2012 her request was rejected, as under domestic law she was not entitled to obtain such information from the case file.", "23. On 13 December 2012 the expert examination of Mr Akhmed Buzurtanov’s police identity card collected from his vehicle (see paragraph 16 above) concluded that the document had been forged. On 28 February 2013 the Ingushetia Ministry of the Interior confirmed to the investigators that the police identity card had been forged and that Mr Akhmed Buzurtanov had not served in the police.", "24. On 17 December 2012 the second applicant requested that the investigators verify the theory that her husband had been abducted by residents of Beslan, North Ossetia-Alania, who on 24 June 2012 had attacked Mr Akhmed Buzurtanov’s sports team after a tournament held in that town. On the same date the investigators granted the request in full. In particular, they obtained copies of the inquiry carried out into the incident and questioned witnesses to the scuffle.", "25. On 17 December 2012 the investigators examined the eight memory cards collected from Mr Akhmed Buzurtanov’s car and ordered their forensic expert examination. The applicants were informed thereof.", "26. On the same date the investigators asked the Ministers of the Interior of North Ossetia-Alania, Ingushetia, Dagestan and Kabardino-Balkaria and the heads of the North Ossetia-Alania, Ingushetia, Dagestan and Kabardino-Balkaria Departments of the Federal Security Service (“the FSB”), as well as other law-enforcement agencies, whether they had any incriminating information concerning Mr Akhmed Buzurtanov and whether they had carried out a special operation in respect of him.", "27. The investigators asked a number of banks whether they had accounts opened in Mr Akhmed Buzurtanov’s name and if so, details of the transactions on those accounts between the dates of their opening and 17 December 2012.", "28. The investigators also asked a number of hospitals whether Mr Akhmed Buzurtanov was or had been treated on their premises.", "29. On 19 December 2012 the investigators granted the first applicant victim status in the criminal case.", "30. On 20 December 2012 the first applicant requested that the investigators allow nine lawyers from the human rights organisation United Mobile Group (“the UMG”) to represent her in the criminal case. On 24 December 2012 her request was rejected as the lawyers had failed to enclose their professional identity cards confirming their Bar membership. On 28 January 2013 the refusal was overruled as groundless (see paragraph 48 below).", "31. On 20 December 2012 the first applicant provided her statement concerning the alleged abduction to the UMG lawyers. In particular, she stated that in her opinion, the abduction had been perpetrated by representatives of law-enforcement agencies for unknown reasons. The statement was provided to the investigators on the same date (see the paragraph 75 below).", "32. On the same date, 20 December 2012, one of the UMG lawyers, Mr D.L., requested that the investigators take, amongst others, the following steps:\n“...\n-to include in the case file the first applicant’s statement given to the UMG on 20 December 2012 ...\n- to ask the motorway Kavkaz and the other traffic police stations between Ingushetia and North Ossetia-Alania whether in the period between 5 and 8 December 2012 three vehicles passed through them: a VAZ-2114 and two Lada‑ Priora cars and a white Lada-Priora with registration number AH214A 06 with Mr Akhmed Buzurtanov in it;\n- to request information from the “Potok” database and the video recording from the traffic police stations and checkpoints between Ingushetia and North Ossetia‑Alania as to whether between 5 and 8 December 2012 three vehicles passed through them: a VAZ-2114 and two Lada-Priora cars and a white Lada-Priora with registration number AH214A 06 with Mr Akhmed Buzurtanov in it;\n- to request from the mobile phone service providers information on connections between 6 and 7 December 2012 ... in order to establish the whereabouts of the subscriber of telephone number 99631744448 and his mobile connections from 6 December 2012 up to the present;\nEnclosures: copy of the statement of Ms L. Buzurtanova of 20 December 2012 ...”\nOn 29 January 2013 the investigators decided to grant the request of 20 December 2012. However, from the documents submitted it appears that the requested steps were taken only in part (see paragraph 68 below).", "33. On 20 December 2012 the investigators received a reply from the Counter Terrorism Centre (“the CTC”) of North Ossetia-Alania promising to inform them whether they had any incriminating information on Mr Akhmed Buzurtanov and whether they had conducted any special operations against him.", "34. On the same date the investigators examined the premises of the “Ellin” sports club. No evidence was collected from the scene.", "35. On or before 20 December 2012 Mr Akhmed Buzurtanov’s name was included in the Russian federal database of missing persons.", "36. On 21 December 2012 the investigators requested that the Prigorodniy district department of the interior (“the ROVD”) inform them which officers had patrolled Mayskiy between 6 and 7 December 2012. The reply with the names of four police officers was given on 14 January 2013.", "37. On 24 December 2012 the investigators requested permission from the Prigorodniy District Court to obtain the list of calls and other connections made in the vicinity of Raduzhnaya Street in Nazran, Ingushetia between 1 a.m. on 6 December and 1 a.m. on 8 December 2012. On 25 December 2012 the permission was granted.", "38. On the same date, the investigators asked the local TV stations to broadcast a general description of the circumstances of Mr Akhmed Buzurtanov’s abduction and to request assistance in establishing his whereabouts and the perpetrators’ identities.", "39. Also on 24 December 2012 the Beslan investigations department informed the investigators that on 24 June 2012 Mr Akhmed Buzurtanov had participated in a fight, as a result of which he had received insignificant bodily injuries, and that he had not given any statements about the incident. On 15 September 2012 the Prigorodniy ROVD had opened a criminal case into the injuries received by eleven sportsmen, including Mr Akhmed Buzurtanov, who had been attacked on 24 June 2012 by a crowd of about fifty to one hundred young men in Beslan.", "40. On 25 December 2012 the investigators forwarded information requests concerning Mr Akhmed Buzurtanov’s whereabouts, possible detention, hospitalisation and discovery of his body to a number of law‑enforcement agencies in the Russian Federation. Replies in the negative were received.", "41. Also on 25 December 2012 the investigators examined video footage obtained from the CCTV camera situated at traffic police checkpoint “Kizlyar” on the motorway next to Mayskiy between 8 a.m. on 5 December and 5 p.m. on 7 December 2012. Neither Mr Akhmed Buzurtanov’s car nor any other Lada-Priora cars were found on that footage.", "42. On various dates in December 2012 the investigators received replies from the mobile telephone companies, according to which between 2008 and 2012 multiple mobile telephone numbers had been registered in the name of Mr Akhmed Buzurtanov.", "43. On 18 January 2013 the head of the operational search unit of the Ministry the Interior of North Ossetia-Alania replied to the investigators’ request (see paragraph 42 above) stating, amongst other things:\n“In reply to your request no. 240-21/1908-2012 of 17 December 2012 I inform you that the operational services of North Ossetia-Alania have obtained information that Mr Akhmed Buzurtanov, who was born in 1983, possibly had been aiding members of illegal armed groups acting in Ingushetia, that he had provided financial assistance to them and could have acted as their contact person. According to the information in our possession, Mr Akhmed Buzurtanov could have stored illegal weapons and ammunition in his home.\nI inform you also that we are taking a number of operational steps to establish Mr Akhmed Buzurtanov’s whereabouts and detain persons involved in his disappearance ...”", "44. On the same date, 18 January 2013, one of the applicants’ lawyers from the UMG, Mr A.R., requested that the investigators take the following steps:\n“... 1. Include in the case file the video of the meeting of the Ingushetia sportsmen with the President of the Republic, Mr Yunus-Bek Evkurov, concerning the abduction of Mr Akhmed Buzurtanov, which took place on 17 December 2012, and order a linguistic examination of the footage in order to obtain its translation into Russian. 2. Question former colleagues of the abducted man, including the Chief Bailiff of North Ossetia-Alania, Mr M. Ozdoyev, concerning the information provided by him during the meeting of 17 December 2012 and recorded on video. 3. Question the President of Ingushetia, Mr Yunus-Bek Evkurov, concerning, amongst other things, the incriminating information on Mr Akhmed Buzurtanov which was mentioned by him during the meeting with the sportsmen of Ingushetia. In particular, he stated the following: ‘There are print-outs of telephone conversations, I have not brought them with me, but people know what I mean anyway and the fellow villagers understand it too’. 4. Request from the Vladikavkaz prosecutor’s office the criminal case file against Mr D., who was mentioned by the Chief Bailiff of North Ossetia-Alania, Mr M. Ozdoyev, by the secretary of the Security Council Mr A. Kotiyev, and by President Evkurov. Those officials spoke of the criminal nature of Mr Akhmed Buzurtanov’s interactions with Mr D. In connection with this, it is necessary to examine the contents of the criminal case file to establish the involvement of Mr Akhmed Buzurtanov in the actions of Mr D. and his accomplices... 5. Inform me about the steps taken ...\n...Enclosures:\n- copy of the authority form\n- video footage of the meeting of President of Ingushetia Mr Yunus-Bek Evkurov with representatives of the sports community of Ingushetia on 17 December 2012 ...”", "45. On 20 January 2013 forensic experts examined the evidence collected from the crime scene (see paragraph 16 above).", "46. On 28 January 2013 the investigators decided to grant the request of 18 January 2013 (see paragraph 44 above). However, from the documents submitted it appears that none of the requested measures was taken.", "47. On the same date, 28 January 2013, one of the applicants’ lawyers from the UMG, Mr A.R., requested that the investigators take the following steps:\n“... speak to the Mr Akhmed Buzurtanov’s neighbours to establish the identity of eyewitnesses to the abduction and question them. (According to the information from a resident of North Ossetia, Mr M.Iz., several neighbours stated that they had witnessed the abduction. This information can be found on the website of Kavakzakiy Uzel: http:Kavkaz-uzel.ru/articles/21687/);\n... check whether during the same time frame other persons were abducted or detained under similar circumstances ... and examine the contents of the relevant criminal case files ...”\nOn the same date the request was rejected by the investigators as the UMG lawyer was not the applicants’ representative in the criminal case.", "48. On 28 January 2013 the head of the investigations department overruled the refusal of 24 December 2012 (see paragraph 47 above) and allowed the nine UMG lawyers to represent the applicants in the criminal case. The applicants were informed thereof.", "49. On 11 March (in the documents submitted the date is also stated as 25 March) 2013 one of the applicants’ lawyers from the UMG, Mr D.U., requested that the investigators proceed as follows:\n“... According to Mr Akhmed Buzurtanov’s wife [the second applicant], he was abducted by unidentified persons driving three cars. Therefore, it is possible to conclude that before the abduction, on the way from the gym to the crime scene, Mr Akhmed Buzurtanov was under surveillance. It is also possible to presume that while driving, the abductors used some kind of device to communicate with each other. If the fact of such connections from the same sources at the time of the incident is established in the areas along Mr Akhmed Buzurtanov’s route, then it would allow the identification of the persons who used those means of communication. It would also provide grounds to question them about the reasons for their presence at the scene at the material time and why they were taking the same route as Mr Akhmed Buzurtanov.\nThe taking of such steps would lead to the identification of the persons involved in Mr Akhmed Buzurtanov’s disappearance.\nTherefore, on the basis of Articles 119 and 120 of the Russian Criminal Procedure Code you are requested to:\n- establish Mr Akhmed Buzurtanov’s route on 6 December 2012 from the sports club ... to the possible place of his abduction in Mayskiy and the place of the discovery of [his] car;\n- locate the main telecommunication towers capable of receiving and issuing mobile phone signals along the above route;\n- obtain from the mobile phone companies the lists of all incoming and outgoing connections, including text messages, made with the technical assistance of the above devices between 7.30 p.m. and 11.30. p.m. on 6 December 2012;\n- examine the information obtained and establish the mobile service subscribers who were located on the above-mentioned route at the relevant time;\n- obtain from the agencies carrying out electronic intelligence in Ingushetia and North Ossetia-Alania information concerning the use of radio devices at the relevant time along the above-mentioned route;\n- identify the users of those devices and question them about the case ...”", "50. On 21 March 2013 the Prigorodniy central district hospital provided the investigators with a copy of the registration log of urgent calls for medical assistance on 6 and 7 December 2012. Mr Akhmed Buzurtanov’s name was not indicated therein.", "51. On 25 March 2013 the applicants requested that Mr M. Pliyev, member of the Moscow Bar, be allowed to represent them in the criminal case. On 6 April 2013 the request was granted.", "52. On 28 March 2013 the request of the applicants’ lawyer was granted (see paragraph 48 above). However, from the documents submitted it appears that the requested measures were not taken.", "53. On 2 April 2013 the investigators again questioned the second applicant, who stated that she still had no information concerning her husband’s whereabouts.", "54. According to the applicants, on 4 October 2013 the first applicant told her representative at the Court that someone, whose identity she could not disclose out of fear for that person’s life, had informed her that Mr Akhmed Buzurtanov had been abducted by officers of the Federal Security Service (“the FSB”) from Ekaterinburg, Russia, and taken to the capital of North Ossetia-Alania, Vladikavkaz, for unknown reasons. It is unclear whether the applicants passed that information on to the official investigation.", "55. According to the applicants, the case-file documents furnished by the Government did not include the list of all the mobile phone communications which had been made in the vicinity of Mr Akhmed Buzurtanov’s alleged abduction obtained by the investigation on 15 March 2013.", "56. On 7 December 2012 the investigators questioned the second applicant, whose statement concerning her husband’s disappearance was similar to the applicants’ account submitted to the Court. In addition, she stated that her husband had used mobile telephone number 9-963-174-4448 and that he had neither enemies nor unpaid debts.", "57. On the same date, the investigators questioned Mr R.K., who stated that on 6 December 2012 he had been with Mr Akhmed Buzurtanov at the sports club until about 10 p.m. At about 2.30 a.m. on 7 December 2012 the applicants had called him looking for Mr Akhmed Buzurtanov as the latter had not returned home. The witness and Mr I.M. had then assisted the applicants in their search and had gone to the hospitals, morgues and police stations looking for Mr Akhmed Buzurtanov, but without success. The following morning they learnt that Mr Akhmed Buzurtanov’s car had been found.", "58. On 7 December 2012 the investigators also questioned the husband of the first applicant, Mr I.Ts., who stated that he had accompanied the first applicant in the search for Mr Akhmed Buzurtanov when the latter had not returned home. Driving around Mayskiy, they had found pieces of broken glass along with a training shoe and a sock. The first applicant had immediately identified them as belonging to Mr Akhmed Buzurtanov. They had then immediately gone to the Mayskiy police station.", "59. On the same date, the investigators also questioned a resident of Mayskiy, Ms Z.E., who stated that after 10 p.m. on 6 December 2012 she had been at home when she had heard men shouting outside for about a minute. She had stepped outside and seen two or three vehicles; she had not been able to identify the model or make of the vehicles as it had been dark. The witness thought that it had been a squabble between young men who frequently gathered at the spot to drink alcohol, and returned indoors.", "60. On the same date, the investigators also questioned another resident of Mayskiy, Mr M.E., who stated that he had gone to bed early on 6 December 2012 and had not seen the police examining the crime scene outside his house until the following morning.", "61. On 8 December 2012 Mr Akhmed Buzurtanov’s mother, Ms Li.B., lodged another complaint concerning the abduction with the investigations department.", "62. On the same date the investigators again questioned the second applicant, whose statement was similar to the one she had given on 7 December 2012 (see paragraph 17 above). In addition, she stated that Mr Akhmed Buzurtanov was a professional sportsperson, that in 2012 he had won the European mixed martial arts championship and that he did not have any enemies.", "63. On 8 December 2012 the investigators also questioned Mr Akhmed Buzurtanov’s friend, Mr M.M., who stated that he had known Mr Akhmed Buzurtanov since childhood, that they had trained together for fifteen years and that Mr Akhmed Buzurtanov did not have any enemies. In 2011 Mr Akhmed Buzurtanov had participated in a fight with someone, but afterwards the parties to the conflict had settled the issue. The witness stated that he had learnt of the alleged abduction from the applicants and had no idea as to why Mr Akhmed Buzurtanov had disappeared.", "64. The investigators questioned Mr Akhmed Buzurtanov’s friend, Mr R.K., who stated that he had seen him in the evening of 6 December 2012 in the gym and that he had not witnessed the alleged abduction.", "65. The investigators also questioned Mr Akhmed Buzurtanov’s sisters, Ms F.B. and Ms Lu.B., both of whom stated that they had not witnessed the alleged abduction but had found out about it from a woman living at the corner of Zhebagiyeva Street, according to whom an abduction had been perpetrated by masked men in black uniforms driving three cars. In addition, Ms Lu.B. stated that another resident of that area, Mr M. Be., had confirmed the woman’s story and had added that one of the abductors’ cars had hit Mr Akhmed Buzurtanov’s car from the front and another had blocked it at the back.", "66. The investigators also questioned Mr Akhmed Buzurtanov’s aunt, Ms Kh.B., who stated that she had not witnessed the alleged abduction and that she had no explanation for his disappearance.", "67. The investigators also questioned Mr Akhmed Buzurtanov’s friend, Mr M.P., a police officer, who stated that at about 11 p.m. on 6 December 2012 he had been driving home when he had seen Mr Akhmed Buzurtanov’s white car with a dent in the front. The car had skidded and had been driven erratically. The witness had then seen two cars, one of which was a silver‑coloured Lada–Priora, following Mr Akhmed Buzurtanov’s car. All of the vehicles had been heading in the direction of the border with Ingushetia.", "68. On 9 December 2012 the investigators questioned the second applicant’s neighbour, Ms L.G., who stated that at about 10 p.m. on 6 December she had been at home with her husband when they had heard men yelling and then two cars speeding away.", "69. On 9 December 2012 the investigators also questioned Mr Akhmed Buzurtanov’s mother, Ms Li.B., who stated that she had not witnessed the alleged abduction and had no explanation for her son’s disappearance. On the same date the investigators obtained a blood sample from the witness for a comparative examination with the evidence collected from Mr Akhmed Buzurtanov’s car and for inclusion in the regional DNA database.", "70. On 12 December 2012 the investigators again questioned the second applicant, who reiterated her previous statements (see paragraphs 17 and 23 above) confirming that she had no explanation for Mr Akhmed Buzurtanov’s disappearance.", "71. On 15 December 2012 the investigators questioned a police officer from traffic checkpoint no. 5, Mr A.Ts., who stated that he had been on duty at the station between 4 p.m. and 11 p.m. on 6 December 2012 and that he had not seen anything suspicious. He had no information pertaining to the alleged abduction.", "72. On 16 December 2012 the investigators again questioned Mr Akhmed Buzurtanov’s friend, police officer M.P., who reiterated his previous statement (see paragraph 67 above), adding that he could show the investigators the place where he had seen Mr Akhmed Buzurtanov’s car on the night of the disappearance. On the same date, in order to verify the statement, the investigators took the witness to the place where he had seen the vehicle.", "73. Between 18 and 23 December 2012 the investigators questioned Mr Akhmed Buzurtanov’s neighbours, Mr M.E., Mr M. Dzh. and Mr I.D., all of whom stated that on the night of the disappearance they had been asleep at home and, therefore, had no pertinent information about it.", "74. On 19 December 2012 the investigators questioned the first applicant. Her statement was similar to the account submitted before the Court. She also stated that she had no theories concerning the reasons for her brother’s disappearance.", "75. On 20 December 2012 the investigators received the first applicant’s statement concerning the alleged abduction, which she had given to the UMG lawyers (see paragraph 31 above).", "76. On 21 December 2012 the investigators again questioned Ms Z.E. who reiterated her previous statement (see paragraph 59 above), adding that she had not been able to hear in what language the men had been shouting on the night of the alleged abduction.", "77. On 25 December 2012 the investigators again questioned the second applicant, who stated that Mr Akhmed Buzurtanov had never worked in the police, she had never seen him with a police service identity card and that she had no theories concerning the reasons for her husband’s disappearance. At the same time she stated that she had read on the internet that her husband’s disappearance could have been related to the brawl in June 2012.", "78. On 26 December 2012 the investigators questioned Mr Akhmed Buzurtanov’s cousin Mr U.B., who stated that he had not witnessed the alleged abduction, had no information about it or theories concerning the possible perpetrators’ identities.", "79. On various dates between December 2012 and February 2013 the investigators questioned Mr Akhmed Buzurtanov’s acquaintances, colleagues and neighbours: Mr I.T., Mr A.E., Mr I.A., Mr A.G., Mr A.Ga., Mr Kh.Ts., Mr M.Ts., Mr V. Dzh., Mr R.Ts., Mr M.I., Mr B.Ts., Mr R.D., Mr M.B., Mr Ta.E., Mr I.Im., Ms N.K., Ms N.Ke., Ms T.K, Mr Z.K., Mr P.Kv. and Mr G.Ts. They stated that they had not witnessed the alleged abduction, had no information about it or any theories concerning the possible perpetrators’ identities.", "80. On various dates between January and April 2013 the investigators questioned Mr Akhmed Buzurtanov’s relatives, neighbours and former colleagues Mr Is.B., Mr Ab.B., Ms Z.E., Ms G.P., Mr R.Kh., Mr M.Ko., Mr B.E., Mr R.P. and Mr M.Kh. Their statements concerning the alleged abduction were similar to the applicants’ account submitted before the Court. They also stated that they did not have any theories concerning the possible perpetrators’ identities.", "81. From the documents submitted it appears that the proceedings are still ongoing." ]

[ "2" ]

[ 5, 10, 11, 12, 13, 16, 17, 24, 25, 26, 38, 39, 41, 43, 46, 51 ]

[]

[ "5. The applicant was born in 1973 and is currently serving a prison sentence in Tokat Prison.", "6. On 30 September 2001 the applicant was arrested on suspicion of membership of an illegal organisation, namely the Hizbullah. According to the arrest report, signed by four police officers, during his arrest the applicant attempted to swallow some pieces of papers and resisted the police officers who tried to take the papers out of his mouth.", "7. On the same day, the applicant was examined by a doctor at the Diyarbakır State Hospital. The doctor noted, on a police document, that the applicant had a widespread bruised area under his left eye, oedema under his right eye, a scratch on his left wrist, red patches behind his left ear and bleeding on his right ear.", "8. On 7 October 2001 the applicant was examined by a doctor who diagnosed him with pharyngitis and prescribed him medication.", "9. On 8 October 2001 the applicant was questioned at the anti-terror branch of the Diyarbakır security directorate and confessed to his involvement in Hizbullah.", "10. On 9 October 2001 at 2.45 p.m. the applicant was sent for a medical examination at the Diyarbakır Health Clinic. In a document of the police directorate in which the applicant’s name was put, the doctor who examined the applicant noted that he had a widespread bruised area under his left eye and small scratches on his left wrist.", "11. On the same day, the applicant was questioned by both a public prosecutor and an investigating judge. Before the public prosecutor, the applicant responded to the questions by nodding. The public prosecutor noted that the applicant was unable to speak and therefore could not make statements. Before the investigating judge, the applicant wrote down on a piece of paper that his throat and internal organs hurt and that he was unable to speak. He further noted that he would examine his police statements and the evidence against him in detail and make his defence submissions before the trial court.", "12. On the same day the investigating judge authorised the applicant’s detention at the anti-terror branch of the Diyarbakır security directorate for a further period of ten days on the basis of Legislative Decree no. 430 in force at the material time.", "13. Later that day, at 9 p.m., the applicant was examined at the Diyarbakır State Hospital. The doctor who conducted the examination stated in a police document that the applicant had a bruise, measuring 2x3 cm, under the left orbital region and was suffering from tonsillitis.", "14. On 10 October 2001 the applicant was referred to the emergency room of the state hospital in Diyarbakır, where the doctors considered that he should be examined by a doctor at the otolaryngology department of the hospital. The applicant was subsequently subjected to a number of auditory examinations and at 2.30 p.m. on the same day an otolaryngologist stated, in a letter sent to the hospital by the police, that the applicant suffered from otitis in his right ear and tympanic membrane perforation in his left ear which could have occurred as a result of trauma. The doctor further noted that the applicant suffered from hearing loss.", "15. On 18 October 2001 the applicant made further statements to the police. According to the document containing his police statement, he had already made statements concerning his relations with the illegal organisation and he did not wish to make any further submissions as to the content of the documents that he had attempted to swallow during his arrest.", "16. On the same day the applicant was once again examined by a doctor at the Diyarbakır Health Clinic. The doctor stated in a letter sent to the hospital by the Diyarbakır security directorate concerning the applicant that the latter looked weak but did not bear any signs of physical violence on his body.", "17. On the same day the applicant was transferred to the Diyarbakır prison, where he was detained on remand.", "18. On 2 November 2001 and 14 December 2001 the applicant was subjected to medical examinations at the Diyarbakır State Hospital and received treatment for breathing and indigestion problems while detained in the Diyarbakır prison.", "19. On 12 October 2001 the public prosecutor at the Diyarbakır State Security Court filed an indictment with that court, accusing the applicant of membership of the Hizbullah under Article 168 of the former Criminal Code.", "20. The proceedings commenced before the Diyarbakır State Security Court. On an unspecified date, the case against the applicant was joined with another case which was pending before the Van State Security Court and which had been brought against a number of other persons who were charged with membership of the Hizbullah.", "21. On 6 May 2003 the Van State Security Court found the applicant guilty of attempting to undermine the constitutional order by force under Article 146 of the former Criminal Code and sentenced him to life imprisonment. On 8 June 2004 the Court of Cassation quashed the judgment of the first-instance court on procedural grounds.", "22. In the meantime, by Law no. 5190 of 16 June 2004, published in the Official Gazette on 30 June 2004, State Security Courts were abolished. Therefore, the Van Assize Court acquired jurisdiction over the case.", "23. On 11 May 2006 the Van Assize Court sentenced the applicant to life imprisonment for membership of the Hizbullah and for his involvement in activities attempting to undermine the constitutional order by force", "24. On 16 May 2006 the applicant’s lawyer lodged an appeal against the judgment of 11 May 2006.", "25. On 15 March 2007 the Court of Cassation held a hearing during which the applicant’s lawyer was present and made defence submissions. On the same day, the Court of Cassation upheld the judgment of the first‑instance court in so far as it concerned the applicant’s criminal conviction.", "26. On 21 March 2007 the Court of Cassation pronounced its decision.", "27. Following the deposit of the decision of the Court of Cassation with the registry of the first-instance court, on 14 June 2007 the Bitlis public prosecutor issued a committal order concerning the execution of the sentence (müddetname). On 21 June 2007 the committal order was served on the applicant.", "28. On 24 December 2001 the applicant lodged two petitions with the public prosecutor’s office at the Diyarbakır State Security Court and stated that he had been subjected to ill‑treatment before and during his detention in police custody. In this connection, he alleged that he had been beaten before he was taken to the hospital on the day of his arrest and that the injuries that he had sustained on his face were the result of those beatings. He further maintained that he had been stripped naked, blindfolded, insulted, threatened, strangled, subjected to electroshocks and suspended by his arms, hosed with pressurised cold water and had his testicles squeezed. The applicant further submitted that the police officers had put pressure on the injuries he had sustained under his eyes with a view to making him suffer. The applicant noted in his petition that he had suffered from tympanic membrane perforation as a result of his ill-treatment. He finally submitted that he had not made a statement before the public prosecutor and the investigating judge on 9 October 2001 as he had been unable to speak due to the ill-treatment that he had suffered at the hands of the police.", "29. On 16 January 2002 the public prosecutor at the Diyarbakır State Security Court transferred the applicant’s petition to the Diyarbakır public prosecutor’s office, noting that he did not have jurisdiction to investigate the applicant’s allegations.", "30. On 28 January 2002 the Diyarbakır public prosecutor sent letters to the public prosecutor at the Diyarbakır State Security Court and the anti-terror branch of the Diyarbakır security directorate requesting them to submit to him the medical reports issued in respect of the applicant and his police statements.", "31. On the same day the public prosecutor also requested the Diyarbakır prison authorities to bring the applicant to his office for his statement to be taken.", "32. On 4 February 2002 the Diyarbakır public prosecutor took a statement from the applicant regarding his complaint. The applicant contended that he had been tortured during the first phase of his detention in police custody, that is to say, between 30 September and 9 October 2001. He noted that he had been stripped naked, blindfolded, insulted, subjected to electroshocks and hosed with pressurised cold water on his testicles and his ears, which had resulted in the injury to his ears. He also reiterated his allegation that the officers had put pressure on the injuries that he had sustained to his face at the time of his arrest. He finally complained that between 9 and 18 October 2001 he had been subjected to psychological pressure by the police.", "33. On the same day the applicant was examined at the Diyarbakır branch of the Forensic Medicine Institute upon the request of the Diyarbakır public prosecutor. According to the report issued as a result of this examination, there was no sign of physical violence on the applicant’s body. The medical expert however noted that as regards the applicant’s allegations of ill-treatment, he could draft a further report after obtaining the reports issued during and after the applicant’s detention in police custody.", "34. On 6 February 2002 the applicant was subjected to a medical examination at the Diyarbakır state hospital as a result of which a report was issued. According to that report, the tympanic membrane of the applicant’s left ear was intact.", "35. On 29 May 2002 the Diyarbakır branch of the Forensic Medicine Institute issued a report in respect of the applicant upon the request of the Diyarbakır public prosecutor for an opinion as to whether the applicant could have sustained the injuries noted in the medical reports as a result of ill-treatment. The report noted that there was a contradiction between the report of 6 February 2002, which stated that the tympanic membrane of the applicant’s left ear was intact, and that of 10 October 2001, according to which the applicant suffered from tympanic membrane perforation in his left ear. The medical expert who prepared the report opined that in order to issue a final report, the applicant should be subjected to a medical examination and an enquiry should be conducted.", "36. Between 30 July and 26 November 2002 the Diyarbakır public prosecutor sent letters to the authorities of several prisons asking the latter to send the applicant for a medical examination. On each occasion, the prison directors informed the public prosecutor that the applicant had been transferred to another prison.", "37. On 19 December 2002 the applicant was subjected to a medical examination of his ears at the Van University Research Hospital upon the request of the Diyarbakır public prosecutor. The report issued in respect of the applicant did not make any reference to a perforation in the applicant’s left ear.", "38. On 7 March 2003 the Diyarbakır public prosecutor once again requested the Diyarbakır branch of the Forensic Medicine Institute to prepare a report containing an opinion as to whether the applicant could have sustained his injuries as a result of ill-treatment.", "39. On 7 March 2003 a doctor from the Diyarbakır branch of the Forensic Medicine Institute sent a letter to the Diyarbakır public prosecutor informing him that a final opinion could be provided only following a detailed otolaryngological examination of the applicant.", "40. On 1 July 2003 the applicant was examined by a doctor at the Van state hospital upon the request of the Diyarbakır public prosecutor. The medical expert who examined the applicant noted that the tympanic membrane of the applicant’s left ear was intact.", "41. On 5 February and 22 April 2004 the Diyarbakır public prosecutor requested the Van State Security Court to submit to him a copy of the applicant’s police statements, the arrest and search reports and the medical reports issued in his respect which were in the file of the case brought against him. On 4 May 2004 the president of the Van State Security Court sent a letter to the public prosecutor informing him that the case file was at the Court of Cassation as the appeal proceedings were pending. On 22 August 2005 and 5 January and 20 September 2006 the public prosecutor reiterated his requests as he had not received the documents asked for. On 20 September 2006 the president of the first-instance court, which, in the meantime, had became the Van Assize Court, reiterated his previous reply. On an unspecified date in 2007 the Diyarbakır public prosecutor received a copy of the case file.", "42. In the meantime, on 6 April 2004 the applicant sent a letter to the Diyarbakır public prosecutor and asked for information on the outcome of the investigation into his allegations of ill-treatment. Stating that he had not been informed of the progress of the investigation during the previous two years, he submitted that the investigation and his medical examinations focused only on the injury to his left ear, whereas he suffered from other injuries and illnesses as a result of his ill‑treatment in police custody. The applicant requested that he undergo a thorough examination at the Forensic Medicine Institute. He received no response to his petition.", "43. 22 April 2004 the Diyarbakır public prosecutor requested the anti‑terror branch of the Diyarbakır security directorate to send him the documents pertaining to the applicant’s police custody and information as to the place of duty of the suspected police officers. On 20 May 2004 the anti‑terror branch of the Diyarbakır security directorate sent the documents and information requested.", "44. On 19 October 2004 the applicant maintained before the Van Assize Court that he had lodged a petition complaining about ill-treatment that he had endured in police custody and asked to be informed of the outcome of the investigation initiated into his allegations.", "45. On 18 December 2005 the applicant was once again subjected to an auditory examination at the Van University Research Hospital. The doctor who prepared the medical report noted that the applicant suffered from slight hearing loss.", "46. On 11 May 2006 the applicant once again requested to be informed of the outcome of the investigation into his allegations of ill-treatment before the Van Assize Court. He received no response.", "47. On 26 June 2007 the applicant submitted a petition to the prison administration to be sent to the Diyarbakır public prosecutor’s office. He received no reply. On 23 June 2009 the applicant was informed that his petition had been received and no response had been given. It should be noted that the content of the applicant’s petition is not available in the case file.", "48. On 8 August 2007 the Diyarbakır public prosecutor asked the Diyarbakır branch of the Forensic Medicine Institute to provide a report on whether the applicant could have sustained the injuries observed on his body as a result of the use of force by the police.", "49. By letters dated 2 October 2007 and 14 May 2008 the public prosecutor further asked the Diyarbakır branch of the Forensic Medicine Institute to provide a medical opinion as to whether the applicant could have sustained his injuries as a result of proportionate use of force and as to whether there had been a difference between the medical reports issued at the beginning and the end of the applicant’s detention in police custody. On 23 May 2008 an expert from the Diyarbakır branch of the Forensic Medicine Institute informed the public prosecutor that the documents in the case file should be sent to the 2nd Section of Expertise of the Forensic Medicine Institute in Istanbul.", "50. Meanwhile, on 13 March 2008 the Diyarbakır public prosecutor requested the Dicle University Research Hospital to assign a medical expert to prepare a report containing an opinion on the veracity of the applicant’s allegations on the basis of the medical reports issued in respect of the applicant.", "51. On 12 May 2008 a medical expert from the Dicle University Research Hospital sent a report to the public prosecutor’s office. According to the doctor, it was possible that the tympanic membrane perforation in the applicant’s left ear had recovered over time. He also considered that the perforation could have occurred as a result of trauma during the applicant’s arrest or when he had been in police custody.", "52. On 26 May 2008 the applicant submitted a petition to the Diyarbakır public prosecutor’s office and requested to be informed of the outcome of the investigation. By a letter dated 3 June 2008 the Diyarbakır public prosecutor informed the applicant that the investigation file had been sent to the 2nd Section of Expertise of the Forensic Medicine Institute and the investigation was pending.", "53. On 27 May 2008 the Diyarbakır public prosecutor requested that the applicant be examined by the 2nd Section of Expertise of the Forensic Medicine Institute. Between 15 July and 28 October 2008 the public prosecutor sent letters to the Diyarbakır prison, where the applicant had been transferred, and asked the prison authorities to send the applicant to Istanbul for a medical examination at the Forensic Medicine Institute.", "54. On 12 November 2008 the applicant was examined at the Forensic Medicine Institute. During his examination, the applicant stated that he had been beaten at the time of his arrest. He also maintained that he had been ill‑treated while in police custody.", "55. On 31 December 2008 the 2nd Section of Expertise of the Forensic Medicine Institute issued a report. In this report, reference was made to the arrest protocol, dated 30 September 2001, which stated that the police officers had had to use force to apprehend the applicant, since he had resisted arrest. The Forensic Medicine Institute also took into consideration the aforementioned medical reports dated 30 September 2001, 9, 10 and 18 October 2001, 4 and 6 February 2002, 7 March and 1 July 2003 and 12 May 2008. On the basis of these reports and the medical examination of the applicant carried out on 12 November 2008, the 2nd Section of Expertise of the Forensic Medicine Institute established that the injuries observed on the applicant’s body had not been life-threatening, but would have prevented him from continuing his daily activities for fifteen days. It was further indicated that the injuries on the applicant’s face and ear could have been caused by a blow with a blunt object during the applicant’s arrest. The report further stated the applicant had not been subjected to an examination of his ear between 30 September and 10 October 2001 and that the red patches behind the applicant’s left ear noted in the report of 30 September 2001 could have been caused by physical trauma which could have also led to the tympanic membrane perforation in his left ear. The 2nd Section of Expertise finally noted that there was no medical evidence demonstrating that the applicant had been subjected to physical trauma during his detention in police custody.", "56. On 15 October 2009 the Diyarbakır public prosecutor decided to close the investigation into the applicant’s allegations of ill-treatment. In his decision, he relied on the report of the 2nd Section of Expertise of the Forensic Medicine Institute and held that the injuries observed on the applicant’s body had been sustained during the scuffle at the time of his arrest. The public prosecutor noted that the injuries observed on the applicant’s person had been caused by the force used to arrest the applicant, which had been in compliance with the Law on the Duties and Powers of the Police (Law no. 2559) and that there was no report or other evidence showing that the police officers had exceeded the limits of their powers on the use of force. The public prosecutor further considered that there was no evidence, such as medical reports or witness statements, demonstrating that the applicant had been ill-treated while detained in police custody. He also stated that the length of the applicant’s detention in police custody had been in accordance with the legislation at the material time. The public prosecutor thus concluded that there was no evidence to support the applicant’s allegation that he had been subjected to ill-treatment while in police custody.", "57. On 4 November 2009 the applicant lodged an objection with the Siverek Assize Court against the decision of 15 October 2009. In his petition, the applicant submitted that his medical examination by the 2nd Section of Expertise of the Forensic Medicine Institute had been conducted too late. He also contended that his medical examinations had been superficial. For instance, no examination had been carried out in relation to his allegation of being subjected to electroshocks. The applicant finally submitted that he had had to be taken to the emergency service while in police custody due to his problems with his ear.", "58. On 29 March 2010 the Siverek Assize Court rejected the applicant’s objection, holding that there was no evidence showing that the applicant had been subjected to ill-treatment.", "59. On 22 May 2002 the applicant lodged an application with the Court alleging a violation of, inter alia, Article 3 of the Convention. The applicant alleged that he had been subjected to ill-treatment during his arrest and while in detention in police custody.", "60. On 13 December 2005 the Court, sitting as a Committee of three judges, declared the applicant’s complaint under Article 3 inadmissible for non-exhaustion of domestic remedies." ]

[ "3" ]

[ 2, 5, 6, 8, 9, 11, 13, 37, 39, 41, 42, 47, 50 ]

[]

[ "8. The applicants are the publication director and the publishing company, respectively, of the weekly magazine Paris Match. Ms Anne-Marie Couderc was born in 1950 and lives in Levallois-Perret. The company Hachette Filipacchi Associés has its registered office in Levallois-Perret.", "9. On 3 May 2005 the British newspaper the Daily Mail published an article headlined “Is this boy the heir to Monaco?”, describing the disclosures by a woman, Ms Coste, who claimed that her son’s father was Albert Grimaldi, who had become reigning prince of Monaco (“the Prince”) following the death of his father on 6 April 2005. The article mentioned a forthcoming publication in Paris Match, and set out its core elements. It was accompanied by three photographs, one of which showed the Prince holding the child in his arms and was captioned “His successor to the throne? Prince Albert with Alexandre”.", "10. On the same day, having been informed that an article was about to appear in Paris Match, Prince Albert served notice on the applicants to refrain from publishing it.", "11. On 4 May 2005 the German weekly magazine Bunte published the interview with Ms Coste. The front cover of the magazine was headlined “Prinz Albert ist der Vater meines Kindes” (“Prince Albert is the father of my child”). It was illustrated by two photographs of the Prince: in one of them he was pictured alongside Ms Coste, and in the other he held the child in his arms.", "12. On the same day various Internet sites relayed the news. In France, information from the forthcoming Paris Match article was included in an article on the RTL radio station’s Internet site entitled “Le prince Albert II aurait un fils, silence au Rocher” (“Prince Albert II alleged to have a son, no comment from Monaco”). For its part, the LCI channel published an article headlined “Albert : la rumeur d’un fils” (“Albert: rumours about a son”) on its Internet site. The news also appeared on the Internet site of the MEDEF (French Business Confederation), as follows: “L’enfant caché du prince Albert de Monaco : selon certains journaux britanniques et allemands, Albert de Monaco serait le papa d’un petit garçon de 19 mois” (“Prince Albert of Monaco’s secret son: according to certain British and German newspapers, Albert of Monaco is the father of a 19-month-old boy”).", "13. On 5 May 2005, in spite of the Prince’s notice to refrain, the weekly magazine Paris Match published an article in its edition no. 2920, referred to on the magazine’s front cover under the headline “Albert of Monaco: Alexandre, the secret child” (“Albert de Monaco: Alexandre, l’enfant secret”), and illustrated by a small photograph showing the Prince with the child in his arms. The article, published on pages 50 to 59 of the magazine, consisted of an interview with Ms Coste, who replied to questions put by a journalist and stated that the father of her son Alexandre, born on 24 August 2003, was the Prince. In particular, the interview described the circumstances in which Ms Coste had met the Prince, their intimate relationship, their feelings, and the manner in which the Prince had reacted to the news of Ms Coste’s pregnancy and had behaved towards the child at his birth and subsequently.", "14. The relevant passages of this interview were the following.\n“Paris Match (P.M.): When did you meet Albert of Monaco?\nNicole Coste (N.C.): Eight years ago, on a Nice to Paris flight ... Before landing he asked for my telephone number. Two weeks later I had a message on my mobile ...\n ... He wanted to invite me to Monaco ... I went there the following weekend ... We spent a very tender night next to each other, it was very romantic! After that weekend he called me to say that he had had a very pleasant time and that he wanted to see me again.\n...\nAs the months went by, I fell very much in love. I spent weekends in Monaco. He took me everywhere with him when he didn’t have official duties ...\n...\nI had the impression that something was happening. He didn’t speak about his feelings, but I heard his heart beating. There are signs that can’t be mistaken when you’re in someone’s arms ... He didn’t say anything to me and I didn’t ask him anything. But he had tender looks and gestures towards me, even in public, and even in front of other young women. I think that he appreciated my affection. He told his friends that I was very very loving, and that he liked my maternal side. For my part, I found him touching. N.C. For the first five years I went to Monaco about once a month ... Sometimes he took me along to official events, such as the World Music Awards or tennis tournaments ... N.C. Yes. At a dinner with about twenty guests; Albert told me that we couldn’t go along together, since his father [would be] there. In the afternoon, he indirectly made me his loveliest declaration of love, by saying to a friend in front of everyone ‘Take good care of Nicole. I am very fond of her.’ And he kissed me ... N.C. We spoke about it the next day. I found him strange. I became worried. ‘I’ve been thinking’, he said. ‘I believe it’s better if we stay friends.’ N.C. ... I was crying. I telephoned him to find out if it was really over. ‘If you were in my situation, what would you do?’ He answered ‘I would wait. Not for long, but I would wait ...” ... P.M. One has the feeling that Albert’s discussion with his father was a turning point in your relationship. N.C. It’s true, the relationship deteriorated after that. At the same time, however, he seemed to be afraid of taking a decision; he hesitated, taking one step forward and two steps back ...\n... Albert is not someone who expresses his feelings or who argues. He has a good sense of humour. I had the impression that he still had feelings. We saw each other with more or less the same frequency, but for less time, one day instead of three. I had the impression that he was afraid of becoming too attached. In December 2002 I wanted us to celebrate my ... birthday together. He suggested that I come to Monaco ... we went [out] for a drink. There were lots of young women coming up to him, and I let him know that I wasn’t happy about that. On returning to the flat, we became lovers again, something that I didn’t want that night. The evening had annoyed me. N.C. Yes. Neither he nor I had planned it. I was taking precautions ...When I saw Albert on 11 December I had sore breasts. I said to him ‘If I’m pregnant, what are we going to do?’ He replied ‘If you’re pregnant, you must keep it’. He said it from the heart. He immediately began thinking of boys’ names, and I was coming up with girls’ names, since I already had two boys. He said ‘I’m trying to think of boys’ names – that’s all you know how to make!” ...\n...\nShortly afterwards, I had a positive pregnancy test ... I wanted him to take a decision very quickly ... I was well aware of what a child represented for Albert, given his position. In my opinion, it was for him to decide ... He said to me ‘Keep it. I’ll look after things. You won’t lack for anything. I don’t promise to marry you, but keep him and don’t worry: I’ll bring him into the family little by little. I’d like us to keep the news to ourselves for the moment. The only person I must tell is my adviser and childhood friend, whom you know well.’ N.C. From time to time. He spoke to me very kindly. Then one day he came to see me in Paris with his adviser ... I was three months’ pregnant. He seemed to have changed his mind, but as far as I was concerned it was too late. The adviser said to me ‘Do you realise that if it’s a boy, they’ll use that to prevent Albert acceding to the throne, and the child will be able to claim the throne’. I was surprised that he was going into things that were only details for me. I wasn’t even thinking about these questions ... it is clear to me that a child born outside marriage cannot accede to the throne. N.C. I learned that I was expecting a boy. I was very worried ... I asked him if it would make things difficult if it was a boy ... ‘No, no more than if it were a girl.’ He put his hand on my stomach and we discussed names again ...\n...\nWhen I was five-and-a-half months’ pregnant, I called him. He didn’t behave the way he usually did with me, I understood that something had happened and that he wanted to end the relationship. He said ‘I’ve thought it through. I’ve asked for advice. The child is impossible’.\n...\nI went to see a lawyer, who alerted Albert’s lawyer. Albert called me immediately, and was very annoyed: ‘You’ve trapped me...’ He spoke to me as though he had been brainwashed. I was eight months’ pregnant, and had become pregnant six years after our first meeting. I would have had multiple opportunities to become pregnant. N.C. 24 August 2003 is not my happiest memory. I was very alone. On the day I left hospital ... I was visited by a French laboratory, approved by the Swiss Forensic Institute, for a DNA swab from my son. That was organised by his adviser.\n...\nMy two older children still didn’t know who their little brother’s father was ... Alexandre was sleeping in my bedroom, in a crib ... He suffered from asthma and was hospitalised for six weeks ... I had to deal with this alone, with no one to confide in.\n... N.C. Two and a half months after his birth ... the most important thing for me was that Alexandre be recognised. It was out of the question that my child would not have a father. That is how I explained it to them. For me, non-recognition would have been the only basis for taking things to court. It was up to Albert to organise things so that this little baby had a more or less normal life, even if, at the very beginning, it had been necessary to hide him. But I didn’t want him to grow up like Mazarine, for example. I thought only about that, and not for a second about the fact that he represented a potential heir. Meanwhile, Albert was paying me a sum every three months that I still receive. N.C. As I didn’t really trust my lawyer any longer, I contacted another one, to whom I explained that the only thing that counted was that Albert recognise his son. In my opinion, non-recognition of a child amounts to denying him his roots ...\n... N.C. Ultimately, yes, to my great joy: on 15 December 2003 he arranged to meet me at a notary’s office, with his adviser ... N.C. Albert signed the deed of recognition. He did it out of respect for me, while giving instructions that this deed was not to be transcribed in the official register until after his father’s death. N.C. I wasn’t given any papers, I only have the registration number of the deed. I asked the notary several times for a certificate stating that he had a document concerning my son. I was told ‘Later’. After Rainier’s funeral I contacted the notary again, asking that Albert’s undertaking be upheld, and that the official recognition of our son’s paternity be entered in the register of births and deaths. Again, the notary told me that it could wait ... I again asked for a copy of the deed. He refused ... P.M. What contact have you had with Albert since seeing him at the notary’s office to sign the deed recognising your son? N.C. I wanted him to see his son regularly, and also to call for news of him. He has done that ... During one of his visits, I said ‘Just because we’ve had a child, that doesn’t mean that everything has to end between us’. He replied ‘For the moment, I prefer that we end things, because if we continue we’ll end up with a second child!’\n... N.C. I’ve already given you some reasons. I want Alexandre to grow up normally, with a father. I want the lies to stop. For my part, I’m fed up with lying, hiding and passing for the mistress of his friends. On account of this silence, I no longer have an identity and I live almost like an outlaw. I’m afraid for my son’s psychological health. I should like to have him baptised as soon as possible, with a correctly drawn up birth certificate. In addition, I understand that there are rumours going around about this child, and I want the truth to be re-established, so that his two older brothers have a dignified image of their mother.\n...”", "15. This interview was illustrated by five photographs of the Prince with the child and three of the Prince with Ms Coste. In particular, a double-page spread (pages 50 and 51) consisted in a photograph of the Prince holding the child in his arms, headlined “Alexandre ‘is Albert’s son’ says his mother”, followed by this text:\n“A little boy who knows how to say only two words: daddy and mummy. A little boy who does not seem troubled by the huge gulf between the two cultures from which he comes. His name is Alexandre, a conqueror’s name, an emperor’s name. He was born in Paris on 24 August 2003. His mother asks that he does not grow up clandestinely, ‘like Mazarine’. For that reason, she is now disclosing his existence, which poses no threat to any republic or any dynasty. Because in Togo, the country of his maternal family, all children, whether or not they are born to lawfully married couples, are entitled to an official father. For the moment, the little boy with black curls isn’t interested in knowing whether he is a prince or not. His mother just has to lean towards him and he is happy. There’s already a king in the house... him.”\nThe photograph was also accompanied by the following captions:\n“The 47-year-old new sovereign of Monaco had not been known to have any long-term relationship. Today Nicole Coste, an air hostess whom he met eight years ago, claims that they have had a son.”\n“He’s never been seen smiling like this before: Prince Albert succumbs to Alexandre’s charm.”", "16. Four photographs of the Prince holding the child in his arms were published on pages 52, 53, 56 and 57, and were also accompanied by captions and/or subheadings. In particular, the caption on page 52 reads “Gentleness, tenderness and patience, key words for a prince who loves children”, and on page 53, “The Prince has always had a soft spot for children” and “Albert, President of the Monegasque Olympic Committee, wearing an Olympics shirt, with Alexandre in his arms”. The following subheading appeared on pages 56 and 57: “Alexandre at 6 months. He is already trying to stand up. This is one of his very first meetings with Albert. He sleeps in his mother’s bedroom. Nicole and her three sons have already moved into a flat in the 16th arrondissement of Paris.”\nLastly, three photographs of the Prince with Ms Coste were published on pages 58 and 59. The photograph on page 58 was captioned as follows:\n“They met on a Nice to Paris flight, Nicole was an air hostess. She had left Lomé, in Togo, eight years previously, aged 17. ‘In my country, a father would have obliged his son to recognise his child’”.\nThe photographs on page 59 were subtitled as follows:\n“Nicole also attended official events. In May 2001 she was on the Prince’s right as he received the singer Yannick at the Monte Carlo Music Awards. In 2002 (left) she can be seen in the Royal box at the Grand Prix.”", "17. On 10 May 2005 Ms Coste issued a statement indicating that she had agreed to give an interview to Paris Match, for publication in the edition of 5 May 2005, had carefully reread its wording, and had herself handed over the photographs showing the Prince with Alexandre. She specified that she had taken those photographs, and that she had taken them with the Prince’s full consent. She issued a further statement indicating that she had handed these photographs over to the media for publication without charge. She added that her son had been recognised before a notary, that the notarial deed had been signed on 15 December 2003 and that it had been agreed on that date that the deed would be sent to the district hall of the 14th arrondissement of Paris immediately after Prince Rainier’s death. She stated that she had attempted, by all amicable means, to find a compromise with the Prince’s lawyer, and that it was the fact that the Prince had failed to honour his undertaking which had induced her to bring the matter to the public’s attention. With regard to the media, she stated: “they have merely helped my son and myself to have Alexandre officially recognised.”", "18. On 19 May 2005, considering that the publication of the article in Paris Match interfered with his rights to private life and to protection of his own image, the Prince brought fixed-date proceedings against the applicants, on the basis of Article 8 of the Convention and Articles 9 and 1382 of the Civil Code, seeking damages from the publishing company and an order that it publish the court’s ruling on the front cover of the magazine, and requested that the court’s decision be immediately enforceable.", "19. On 29 June 2005 the Nanterre tribunal de grande instance (“the TGI”) ordered the company Hachette Filipacchi Associés to pay the Prince 50,000 euros (EUR) in non-pecuniary damages. It also ordered that details of the judgment be printed on the magazine’s entire front cover, at the publishing company’s expense and on pain of a daily fine, under the headline “Court order against Paris Match at the request of Prince Albert II of Monaco”. The judgment was immediately enforceable.", "20. The TGI noted, in particular, that from the front page onwards, the magazine had disclosed the Prince’s paternity outside marriage, under the headline “Albert of Monaco: Alexandre, the secret child”, accompanied by a photograph showing him holding the child. It also noted that the article dealt with the issue of the Prince having fathered the child over ten pages inside the magazine, by means of an interview in which the questions led Ms Coste to discuss her relationship with the Prince, the couple’s feelings, the Prince’s private life and reactions and the child’s recognition before a notary. It emphasised that the magazine had deliberately chosen numerous photographs, taken in the context of the intimacy of the protagonists’ private life, to illustrate and lend support to the disclosure, and that these photographs were accompanied by the magazine’s own captions, which also referred to the Prince’s love life and the circumstances in which he met the interviewee, analysing his conduct and his reactions to the young woman and the child, and speculating as to his feelings with regard to this secret child.", "21. The TGI held that the entire article, including the accompanying photographs, fell within the most intimate sphere of love and family life and that it did not concern any debate of general interest. It added:\n“... the claimant’s accession to the throne of the Principality of Monaco did not deprive him of the right to respect for his private life, nor of his right to protection of his own image in the face of mere rumours concerning the civil status of a child, which could not in any event serve as a legitimate pretext for providing information to a prying and curious public about the lives of public figures, their feelings and their private conduct, with a view to media coverage in the columns of a newspaper which cannot in all seriousness claim to take the place of the courtroom, which is where the rights of children are legally defended, without prejudice to those of women;\nThe disputed article, which treats rumours in a sensational manner, both in its wording and through the accompanying pictures – which are completely irrelevant in that they contribute to the impugned interference with private life – amounts to a serious and wilful breach of the claimant’s fundamental personality rights, the latter having specifically served notice by extrajudicial process on the publishing company to respect those rights on 3 May 2005 ...”", "22. The applicants appealed against that judgment.", "23. In a press release of 6 July 2005, the Prince publicly acknowledged that he was the father of Alexandre.", "24. On 13 July 2005 the Versailles Court of Appeal suspended the immediate enforcement of the TGI’s judgment with regard to the order to publish the court’s judgment.", "25. On 24 November 2005 the Versailles Court of Appeal gave judgment. It noted that, through the interview with Ms Coste, the impugned article focused on disclosing the birth of the child, who was presented as having been born from the intimate relationship between the interviewee and the Prince from 1997 onwards. It also noted that although the latter might already have made a statement recognising the child in a notary’s office – that is, in deliberately chosen conditions of confidentiality – by the time that the article was published, this statement had not given rise to a note in the margin of the child’s birth certificate, with the result that his birth and his father’s identity remained unknown to the public.", "26. The Court of Appeal also stated that a person’s affections, love life or family life and issues of paternity and maternity came within the sphere of private life and were protected by Article 9 of the Civil Code and Article 8 of the Convention, and that those provisions made no distinction between anonymous persons and public figures, whatever their civil, political or religious functions. It noted, however, that this principle allowed for an exception whenever the facts disclosed could give rise to a debate on account of their potential impact or consequences given the status or function of the persons concerned, in which case the duty to provide information took precedence over respect for private life.", "27. It reasoned as follows.\n“Given that the fact of Albert Grimaldi’s fatherhood had never been publicly recognised, that the Monegasque Constitution makes it impossible for a child born out of wedlock to accede to the throne and that Albert Grimaldi had not consented to the disclosure of his possible paternity of Ms Coste’s child, since on 3 May 2005 he had indicated to Hachette Filippachi Associés his opposition to the publication of those facts, it follows that Hachette Filipacchi Associés deliberately breached the provisions of Article 9 of the Civil Code and of Article 8 of the European Convention on Human Rights, without being able to justify this offence on the inexistent requirements of current-affairs reporting, the legitimacy of the information or its readers’ right to information, which did not include Albert Grimaldi’s secret paternity, even if he had become the reigning Prince of the Principality on his father’s death in April 2005;\nThis interference in his private sphere, in that the article did not merely disclose the existence of a ‘secret’ child but also contained numerous digressions derived from Ms Coste’s confessions concerning the circumstances of their meeting, the respondent’s feelings, his most intimate reactions in response to the news of Ms Coste’s pregnancy and his attitude towards the child during private encounters in her flat, could not be justified by the concomitant publication of these facts in the magazine Bunte, or by the media impact caused by the content of the article, or by the fact that other publications had subsequently repeated these reports (which had become common knowledge through the fault of the publishing company), or by the alleged legitimacy of such a disclosure, given that the child had no official status which would have rendered his birth and the disclosure of the father’s identity a subject which the media and specifically the company Hachette Filipacchi Associés were required as part of their duty to provide information to bring to the public’s attention, or by the fact that Albert Grimaldi, faced – against his will – with the media impact of the disclosure of information about his private life that he had intended to keep secret if not confidential, has been obliged to provide a public explanation, or by the tone of the article, which, as Hachette Filipacchi Associés irrelevantly specifies, was intended to show the respondent in a particularly positive light;\nAlthough the photographs showing the child with the respondent which accompany the article were taken by Ms Coste with Albert Grimaldi’s consent, and although Ms Coste, the only person having parental responsibility for the child, handed them over to Paris Match for publication, it remains the case that Albert Grimaldi did not consent to their being published in support of an article which constitutes an invasion of his privacy, with the result that their publication is wrongful ...”", "28. The Court of Appeal concluded that the publication in question had caused the Prince irreversible damage in that the fact of his paternity, which he had wished to keep secret and which had remained so from the child’s birth until publication of the impugned article, had suddenly, and against his will, become public knowledge. It considered that the non-pecuniary damage thus caused justified an order for publication of the court ruling as supplementary compensation, and that, in view of the nature of the breach and the seriousness of its consequences, such a measure was not disproportionate to the competing interests involved and, on the contrary, represented the most adequate redress in the particular circumstances of the case. It therefore upheld the judgment under appeal, except with regard to the conditions of publication of the court ruling, which was no longer to appear under a headline and was to take up only one third of the front cover. Thus, the Court of Appeal ordered that the lower third of the front cover of the first issue of Paris Match to be published in the week following service of the judgment was to display a white box containing the following text, printed in red letters, failing which the applicant company would be fined EUR 15,000 per issue after expiry of that deadline:\n“By a judgment of the Versailles Court of Appeal upholding the judgment delivered by the Nanterre tribunal de grande instance, the company Hachette Filipacchi Associés has been held liable for infringing the privacy and the right to his own image of Albert II of Monaco in issue no. 2920 of the Paris Match newspaper, dated 5 May 2005, in an article entitled ‘Albert of Monaco: Alexandre. The secret child’.”", "29. This statement was published on the front cover of edition no. 2955 of the magazine, dated 5 January 2006, under a photograph of the Prince. The cover bore the headline “Albert of Monaco. The truth has been punished”, which was accompanied by the following commentary:\n“Paris Match disclosed the existence of his son, Alexandre. The courts have punished freedom to impart information. We have received support from the international press in reaction to this.”", "30. In addition, the applicants lodged an appeal on points of law against the Court of Appeal’s judgment. In their grounds of appeal, they developed the following arguments: the disclosure of a ruling sovereign prince’s paternity was a news event relating to public life, given the functions held by the individual in question and the hereditary nature of the transmission of power in the Principality of Monaco; disclosure of this information was necessary in order to inform the public; the publication of observations and digressions alongside the announcement of a news event such as the fact of a sovereign prince’s fatherhood was lawful, provided that these were innocuous and merely served to put the information into perspective; and the publication of photographs taken within the family, illustrating the news event described in the article, was not such as to interfere with respect for privacy and private life.", "31. Relying on Article 10 of the Convention and citing the Court’s case-law, the applicants also argued that the public had the right to be informed, and that this right extended to information concerning the private life of certain public figures. They considered, in particular, that the Court’s decision in Von Hannover v. Germany (no. 59320/00, §§ 62 and 76, ECHR 2004‑VI) would have been the reverse had the relevant member of the royal family been, as in the present case, the Prince himself, Head of the State of Monaco. In support of this argument, they cited Krone Verlag GmbH & Co KG v. Austria (no. 34315/96, 26 February 2002) which, they submitted, showed that the fact of being a politician brought an individual exercising that role into the sphere of public life, with the attendant consequences. They further argued that the Court of Cassation also recognised the public’s right to information, including with regard to facts concerning private life, even where the individual concerned held no public office. Lastly, they submitted that the primacy of the right to inform and the right to be informed had been established in similar circumstances, even where a person’s right to their own image was in issue.", "32. The applicants argued, in particular, that in a hereditary monarchy the Prince’s lack of known issue was already a matter of discussion, and that the existence of a child was such as to contribute to that discussion. They also submitted that the child was a potential heir to the Monegasque throne, since his father could legitimise him at any time. They considered that, even if improbable, this scenario remained legally possible, and could therefore become the subject of a general debate regarding the future of the Monegasque monarchy, and that, in addition, the fact that the child was of Togolese origin could contribute to a debate of general interest which had the potential to change the image of a particularly conservative principality.", "33. The applicants also pleaded the very strong ties which, they alleged, bound the Principality of Monaco to France. They further submitted that the worldwide impact of the contested material, including in the most serious and most prestigious newspapers, proved that the information disclosed by Paris Match was such as to contribute to a debate of general interest, and that this was not simply an article written to provide entertainment.", "34. They further argued that the photographs accompanying the article, showing the Prince with the child or with Ms Coste, illustrated a news event, and that they entailed no breach of respect for human dignity, since the Prince was presented in a positive light. They asserted that these photographs had not been taken without the Prince’s knowledge, but by Ms Coste herself, and specified that she had handed them over to Paris Match for publication voluntarily and without charge.", "35. Lastly, they emphasised that the magazine Bunte had published an almost identical article in Germany on 4 May 2005, prior to publication of the impugned article, and that the German courts had dismissed the Prince’s action against that newspaper.", "36. By a judgment of 27 February 2007, the Court of Cassation dismissed the appeal on points of law on, inter alia, the following grounds.\n“... every person, whatever his rank, birth, fortune or present or future functions, is entitled to respect for his private life; ... the judgment notes firstly that, on the date on which the article was published, the child’s existence and his descent were unknown to the public, and secondly that the Principality’s Constitution rules out the possibility of his accession to the throne, since he was born out of wedlock, a situation that, moreover, the company’s pleadings did not claim to be a subject of debate in French or Monegasque society or of examination in the impugned publication, and, lastly, [that] the article contained multiple digressions on the circumstances in which Ms Coste and Prince Albert met and about their relationship, the Prince’s reactions to the news of the pregnancy and his subsequent attitude towards the child; ... in the light of these findings and considerations, the Court of Appeal correctly noted the lack of any topical news item or any debate on a matter of public interest which would have justified its being reported at the time of the impugned publication on the grounds of legitimate imparting of information to the public; ... moreover, the publication of photographs of a person to illustrate subsequent content which amounts to an invasion of his privacy necessarily infringes his right to control of his own image ...”", "37. On 12 May 2005, after publication of the initial article on 4 May 2005 (see paragraph 11 above), the weekly magazine Bunte published another article about the disclosure of the Prince’s paternity, this time accompanied by several photographs showing the Prince and the child.", "38. The Prince brought urgent proceedings against the magazine in order to prevent any further publication, but his case was dismissed on 19 July 2005 by a judgment of the Freiburg Regional Court (Landgericht), upheld on 18 November 2005 by the Karlsruhe Court of Appeal (Oberlandesgericht).", "39. The Freiburg Regional Court noted, in particular, that, as a figure of contemporary history par excellence, the Prince had to tolerate the impugned encroachment on his private life, given the information value of the report. It noted that the veracity of the information published by the magazine with regard to the statements by the child’s mother and to the claimant’s paternity had not been disputed on any specific point. It considered that the publication was not unacceptable in terms of the protection of a person’s intimate sphere, since the disclosures did not relate to that sphere but to the sphere of private life, which was less protected. It held that the public’s right to information resulted from the claimant’s position in society, and that the pressure that he might have experienced as a result of those disclosures, aimed at obliging him to recognise his child, did not prohibit publication but was merely an inevitable consequence of it, which he was required to tolerate. It noted that the published photographs had been taken with the claimant’s agreement, in his private sphere, and had been made available to the press by a person who had just as much right to do so as the claimant. It held that the protection of the claimant’s private sphere and his right to his own image had to yield to the freedom of the press, on account of the importance of communicating to the public information concerning the claimant’s son born out of wedlock and about the child’s mother. Lastly, it considered that it was for the mother rather than for the Prince, who had not recognised the child, to decide whether the disclosure of the latter’s existence fell within the protected private sphere.", "40. Following the appeal by the Prince, the Court of Appeal ordered the magazine not to republish or allow to be published a photograph which had appeared in the 4 May 2005 issue of Bunte, showing the claimant in a moment of intimacy with Ms Coste. However, it considered that the issue of a male heir to the prince of Monaco – a constitutional hereditary monarchy – was of decisive importance, and that the interest taken in this question not only by the citizens of Monaco but also by many persons who lived outside the Principality deserved protection and ought not to be superseded by the claimant’s interest in securing protection of his private sphere, on the ground that the current legal situation allowed only legitimate children to accede to the throne." ]

[ "10", "8" ]

[ 1, 3, 6, 7, 8, 9, 12, 17, 18, 19, 22, 23, 24, 25, 28 ]

[]

[ "4. The applicant was born in 1965 and lives in London.", "5. On 29 April 1997 the applicant was arrested in London on suspicion of trafficking of illegal drugs.", "6. On the same day he was placed in police custody, where he was informed that he would be charged with importation of a controlled drug, namely diamorphine.", "7. In his statements before the British police, the applicant maintained that he had been importing clothing goods from Turkey and had not been aware of the trafficking of drugs by his partners.", "8. On 15 September 1998, after having heard witness statements and evaluated all relevant evidence, the Crown Court acquitted the applicant of all charges and ordered his release.", "9. On 16 June 1997 the public prosecutor at the İzmir State Security Court filed an indictment with that court, accusing certain persons of trafficking of illegal drugs by establishing a criminal organisation pursuant to Article 403 of the former Criminal Code (Law no. 765). In that indictment, the public prosecutor indicated the involvement of the applicant in the alleged acts, without bringing any charges against him.", "10. On 19 August 1997 the public prosecutor issued an indictment, accusing the applicant of the same offence as the others. The public prosecutor stated that the applicant had actively participated in the transfer of the illegal drugs from Turkey to the United Kingdom and noted that he was in detention on remand in the United Kingdom.", "11. In a report dated 13 June 1997, the public prosecutor stated that the British authorities had provided him with the tapes of the applicant’s police statements as well as other evidence on the alleged offence.", "12. On an unspecified date in 1997, the Magistrates’ Court ordered the applicant’s detention on remand in absentia.", "13. At a hearing on 24 February 1998 the İzmir State Security Court joined the proceedings against the applicant with the proceedings against the other persons involved in the same offence. At this hearing the domestic court also requested the case file of another set of related proceedings, which contained the statements of a certain F.A.", "14. On 5 November 1998 one of the co-accused, B.Ӧ., gave his statements before the court, maintaining that he had been hired by the applicant for the receipt and storage of certain goods which he had not known to be drugs.", "15. On 3 December 1998 the lawyer of one of the co-accused submitted to the national court the applicant’s certificate of acquittal issued by the Crown Court.", "16. On 15 July 1999 the military judge sitting on the İzmir State Security Court hearing the applicant’s case was replaced by a civilian judge.", "17. On 20 September 1999 the applicant went back to Turkey; he was placed in detention on remand the following day.", "18. At the subsequent hearing on 30 September 1999, the applicant submitted his statements before the court and denied his involvement in the trafficking of illegal drugs. In particular, he contested the incriminating statements of B.Ӧ. and F.A. The applicant further requested to have certain witnesses, including his counsel in the United Kingdom, heard. The İzmir State Security Court rejected that request, finding that the statements of the witnesses called by the applicant would not contribute to the case in view of the information already available concerning the proceedings in the United Kingdom. The court went on to decide that the applicant should be released pending trial.", "19. During the numerous hearings which followed, the court deferred the examination of the case to the subsequent hearings, awaiting information as regards certain accused in the United Kingdom.", "20. At the hearing on 18 February 2003, the public prosecutor submitted his written opinion, requesting that the accused be found guilty as charged, mainly on the basis of the investigation conducted in the United Kingdom and the evidence obtained during another set of proceedings concerning the same offence.", "21. On 21 March 2003 the applicant submitted his written defence to the court and requested his acquittal. He argued that he could not be found guilty on the basis of evidence which according to the British court was insufficient to prove his involvement in the alleged acts.", "22. On 27 March 2003, on the basis of the investigation conducted by the British authorities, the statements of B.Ӧ. and those made by F.A., which had been taken in another set of proceedings, the İzmir State Security Court found the applicant guilty as charged and sentenced him to twenty four years’ imprisonment and a fine.", "23. On 31 March 2003 the applicant appealed against that judgment. During the appeal proceedings before the Court of Cassation the applicant submitted that the first instance court had based his conviction on evidence which he could not challenge, in particular the statements made in his absence by B.Ӧ. and F.A.", "24. On 4 March 2004 the Court of Cassation upheld the judgment of the İzmir State Security Court. The higher court indicated that the offence at issue concerned the exportation of illegal drugs and accordingly the case differed from that concluded in the United Kingdom. The high court dismissed the applicant’s remaining grounds for appeal without further elaboration.", "25. On an unspecified date the applicant went to the United Kingdom.", "26. Following the entry into force of the new Criminal Code (Law no. 5237), in June 2005, the applicant requested the reassessment of his case and the application of the more favourable clauses in the new Code.", "27. On 16 December 2005, after having examined the case file, the İzmir Assize Court reduced the applicant’s sentence to twenty years’ imprisonment and decreased the amount of the fine.", "28. On 28 June 2006 the Court of Cassation quashed the judgment, stating that the first-instance court was to hold a hearing.", "29. Following several hearings, which the applicant had not attended as he had not returned to Turkey, on 3 July 2008 the İzmir Assize Court sentenced the applicant to twenty years and ten months of imprisonment and a fine pursuant to Article 188 of the Criminal Code (Law no. 5237).", "30. Following the applicant’s appeal, on 9 April 2009 the Court of Cassation held a hearing and heard the submissions of the applicant’s lawyer. Finally, the higher court upheld the judgment of the İzmir Assize Court with a minor procedural correction." ]

[ "6" ]

[]

[]

[ "7. On 28 December 1994 the Vlora Commission on Property Restitution and Compensation (“the Commission”) recognised the applicant’s and other heirs’ inherited title to a number of plots of land measuring 46,750 sq. m, of which 900 sq. m were restored to them. As the remaining plot of land was occupied, the Commission decided that the applicant and the other heirs would be compensated in one of the ways provided for by law in respect of 45,850 sq. m. The Commission could not determine the boundaries of a plot of land measuring 13,750 sq. m and did not decide on the recognition of the applicant’s inherited property rights.", "8. On 8 March 2011 the Court delivered its judgment in the case of Eltari v. Albania, no. 16530/06 as regards the authorities’ failure to pay compensation in respect of a plot measuring 10,500 sq. m, which was part of the Commission decision.", "9. To date, no compensation has been paid.", "10. On 21 March 1996 the Lushnjë Commission recognised the applicants’ inherited property rights over a plot of land measuring 576 sq. m. Since the plot of land was occupied, the applicants would be compensated in one of the ways provided by law. The applicants submitted that they were the remaining heirs of the above plot of land in respect of which the Court had already delivered the judgment in the case of Hamzaraj v. Albania (no. 1) (no. 45264/04, 3 February 2009).", "11. To date, no compensation has been paid to the applicants.", "12. On 18 May 1995 the Tirana Commission recognised the applicants’ inherited property rights over a plot of land measuring 1,000 sq. m. It ordered that the plot of land should be entirely restored to the applicants. On 11 February and 14 December 2000 the Tirana District Court and the Tirana Court of Appeal amended the Commission decision and ordered that the applicants would be compensated in one of the ways provided for by law of which 200 sq. m were restored to them. Since the remaining plot of land measuring 800 sq. m was occupied, the applicants would be compensated in one of the ways provided by law.", "13. To date, no compensation has been paid.", "14. On 13 September 1996 the Tirana Commission recognised, amongst others, the applicants’ inherited property rights over a plot of land measuring 16,500 sq. m. Since the plot of land was occupied, the applicants would be compensated in one of the ways provided by law.", "15. To date, no compensation has been paid.", "16. On 25 October 1995 the Tirana Restitution and Compensation of Properties Commission (“the Commission”) recognised, amongst others, the applicants’ inherited property rights over a plot of land measuring 150,000 sq. m of which 29,700 sq. m were restored to them. Since the remaining plot land measuring 120,300 sq. m was occupied, the applicants would be compensated in one of the ways provided by law.", "17. To date, no compensation has been paid.", "18. On 10 December 1999 the Korçë Commission recognised the applicants’ inherited property rights over a plot of land measuring 11,000 sq. m of which 10,100 sq. m were to be compensated in one of the ways provided by law.", "19. To date, no compensation has been paid.", "20. On 23 October 1996 and 24 April 1998 the Korçë Commission recognised the applicant’s inherited property rights over a plot of land measuring 9,950 sq. m. Since the plot of land was occupied, the applicants would be compensated in one of the ways provided by law.", "21. To date, no compensation has been paid.", "22. On 7 July 2006 the Tirana Commission recognised the applicants’ inherited property rights over a plot of land measuring 800 sq. m. Since the plot of land was occupied, the applicants would be compensated in one of the ways provided by law.", "23. To date, no compensation has been paid.", "24. On 28 February 1995 the Tirana Commission recognised the applicant’s inherited property rights over a plot of land measuring 335 sq. m of which 162 sq. m were restored to him. Since the remaining plot land measuring 173 sq. m was occupied, the applicant would be compensated in one of the ways provided by law.", "25. To date, no compensation has been paid.", "26. On 28 February 1995 the Tirana Commission recognised the applicants’ inherited property rights over a plot of land measuring 910 sq. m of which 630 sq. m were restored to them. Since the remaining plot land measuring 280 sq. m was occupied, the applicants would be compensated in one of the ways provided by law.", "27. To date, no compensation has been paid.", "28. On 21 December 1995 and 22 April 1996 the Berat Commission recognised the applicant’s inherited property rights over a plot of land measuring 3,435 sq. m of which 130 sq. m were restored to him. Since the remaining plot land measuring 3,305 sq. m was occupied, the applicant would be compensated in one of the ways provided by law.", "29. To date, no compensation has been paid.", "30. On 10 August 2007 the Agency for Restitution and Compensation of Property (“the Agency”), which had replaced the Commission, recognised the applicant’s inherited property rights over a plot of land measuring 14,400 sq. m located in Vlora. Since the plot of land was occupied, the applicant would be compensated in one of the ways provided by law.", "31. To date, no compensation has been paid." ]

[ "13", "P1-1", "6" ]

[]

[]

[ "5. The applicant was born in 1983 and lives in Yerevan.", "6. On 30 August 2007 the applicant was arrested and later charged under Article 112 § 1 of the Criminal Code with intentional infliction of a grave injury.", "7. On 1 September 2007 the Erebuni and Nubarashen District Court of Yerevan granted the investigator’s motion to place the applicant in pre-trial detention.", "8. On 28 September 2007 the same court decided, upon the applicant’s motion, to release him on bail.", "9. On 4 October 2007 the investigator decided to cancel bail and to detain the applicant on the basis of the decision of 1 September 2007. It appears that on the same day the applicant was placed in pre-trial detention.", "10. On 22 October 2007 the Erebuni and Nubarashen District Court of Yerevan decided, upon the applicant’s appeal, to quash the investigator’s decision and to release the applicant. The District Court stated that, in accordance with Article 136 of the Code of Criminal Procedure, detention could be imposed only by a court and was the court’s prerogative. The investigator had therefore exceeded his authority and had incorrectly interpreted the law by imposing detention. The law required the investigator to apply to the court with a reasoned motion, if there were sufficient grounds to replace bail with detention. The District Court found that the applicant’s detention imposed on the basis of the decision of 4 October 2007 had violated his rights guaranteed under, inter alia, Article 5 §§ 3 and 4 of the Convention and Article 16 of the Constitution.", "11. On 13 December 2007 the Erebuni and Nubarashen District Court of Yerevan acquitted the applicant.", "12. On 28 March 2008 the Criminal Court of Appeal upheld this judgment.", "13. On 21 April 2009 the applicant instituted civil proceedings against the Ministry of Finance, seeking pecuniary and non-pecuniary damage in connection with the criminal proceedings against him, including his detention. The claim for pecuniary damage included alleged lost earnings, expenses related to food parcels received in detention and the transport costs of his relatives. The applicant estimated the non-pecuniary damage suffered by him at 15,400 euros (EUR).", "14. On 25 September 2009 the Kentron and Nork-Marash District Court of Yerevan decided to grant partially the applicant’s claim for pecuniary damages and award him 215,100 Armenian drams (AMD) (approximately EUR 380 at the material time). As regards the claim for non-pecuniary damages, the District Court decided to dismiss it, with reference to Article 17 of the Civil Code, on the ground that the Armenian law did not provide for this type of compensation.", "15. On 26 October 2009 the applicant lodged an appeal.", "16. On an unspecified date the Ministry of Finance also lodged an appeal, contesting the judgment in its part concerning the award of pecuniary damages.", "17. On 4 December 2009 the Civil Court of Appeal decided to dismiss the applicant’s appeal and to grant that of the Ministry of Finance, reducing the amount of compensation for pecuniary damage to AMD 96,800 (approximately EUR 165 at the material time). As regards the claim for non-pecuniary damages, the Court of Appeal decided to terminate the proceedings on the ground that Armenian law did not provide for this type of compensation and therefore that claim could not be examined by the court.", "18. On 14 December 2009 the applicant lodged an appeal on points of law.", "19. On 1 July 2011 the Court of Cassation decided to dismiss the appeal and to uphold the decision of the Civil Court of Appeal." ]

[ "5", "13" ]

[ 5 ]

[]

[ "4. The applicant was born in 1952 and lives in the village of Baybuzy, Cherkassy region, Ukraine.", "5. On 26 September 2003 at around 8 p.m. the applicant’s wife, while riding a bicycle, was hit by a car and died on the spot.", "6. On the same day police examined the accident spot in the presence of two witnesses, V. and M. (both inhabitants of Baybuzy who arrived at the spot after the accident) and the accident sketch map was drawn. The driver of the car, P., was questioned. He testified that he had been temporarily blinded by the long-distance headlights of an approaching car. After that he saw a bicycle rider 7-8 meters in front of his car. He did not brake and his car hit the bicycle. Similar testimonies were given by the car passenger, S. The driver also underwent a test for the blood alcohol and drugs level.", "7. On 27 September 2003 a forensic medical expert concluded that the applicant’s wife’s death had been caused by a basal skull fracture.", "8. On 29 September 2003 criminal proceedings into the accident were instituted by the Cherkassy District Police Office (Черкаський районний відділ Управління Міністерства внутрішніх справ України в Черкаській області) for an alleged breach of traffic rules which caused a person’s death (Article 286 paragraph 2 of the Criminal Code). On the same day an investigation officer requested the head of the Cherkassy District Police Office to order a search for the accident witnesses, if any.", "9. On the next day the applicant was recognised as a victim in the above criminal proceedings.", "10. On 7 October 2003 a police officer informed the head of the Cherkassy District Police Office that it was impossible to identify witnesses who could have seen the accident.", "11. On 17 October 2003 a reconstruction of events was carried out and a decision to perform an auto-technical forensic examination was adopted. The expert was requested to determine interposition of the car and the bicycle at the moment of collision, whether the driver had had a technical possibility to avoid the collision and whether the driver and the bicycle rider had breached the traffic rules.", "12. On 27 October 2003 the applicant lodged a civil claim within the criminal proceedings.", "13. On 18 November 2003 an expert concluded that the applicant’s wife had breached the traffic rules when riding a bicycle since there had been no lights and light reflectors on the bicycle and that the car driver had had no technical possibility of avoiding the accident.", "14. On 26 November 2003 the proceedings were terminated for absence of evidence of a crime.", "15. On 6 February 2004 the Cherkassy District Prosecutor’s Office (прокуратура Черкаського району Черкаської області) quashed this decision and remitted the case for additional investigation. A prosecutor instructed the head of the police investigation department in charge of the investigation to perform numerous additional investigation actions. It was noted, inter alia, that the questioning of P. and S. had been superficial, a number of details had not been clarified, the witnesses of the accident had not been properly sought, and the reconstruction of events had been conducted improperly. There were significant corrections on the accident sketch map and there was contradictory evidence in the case-file materials. It was also noted that “the expert conclusion was based actually on the testimonies of P. and S.” Consequently, another auto-technical forensic examination should be performed and an expert should be provided with objectively received data. It was also noted that an investigation officer should verify the facts and circumstances indicated by the applicant in his complaints.", "16. By a letter of 22 March 2004 the Cherkassy District Prosecutor’s Office informed the applicant, in reply to his complaint to the General Prosecutor’s Office, that the investigation had been indeed protracted and there were disciplinary proceedings against two investigation police officers pending. The district prosecutor ordered to accelerate the proceedings.", "17. In June 2004 P. and S. were again questioned and in July 2004 several other witnesses were questioned (M., V. and the persons who stopped at the spot after the accident). On 29 September 2004 the reconstruction of events was conducted. It was established that after passing an on-coming car the bicycle had become visible to the car driver and at that moment the distance to the bicycle had been 20 metres.", "18. On 5 May 2005 a decision was taken to conduct an auto-technical forensic examination. The expert was requested to give an opinion, inter alia, on how the driver should have acted in the circumstances and whether he had had a possibility of avoiding the collision. On 19 July 2005 the expert concluded that P. had had no technical possibility of avoiding the collision. It was not safe to overtake the bicycle rider “since the collision had happened when P. had been passing an on-coming car”. An expert indicated that, according to the circumstances of the accident described by an investigation officer, there had been no breach of the traffic rules by the car driver which could have provoked the accident. The expert also separately noted that the reconstruction of events of 29 September 2004 had been performed with a breach of procedure.", "19. On 1 November 2005 the proceedings were terminated for the absence of evidence of a crime.", "20. By letter of 3 November 2005 the Cherkassy Regional Department of the Ministry of Internal Affairs of Ukraine (Управління Міністерства внутрішніх справ України в Черкаській області) informed the applicant, inter alia, that the investigation officer, K., in charge of the case, had been disciplinarily sanctioned for protracting the proceedings.", "21. On 23 November 2005 the decision of 1 November 2005 was quashed by the Cherkassy District Prosecutor’s Office and the case was remitted for additional investigation. It was noted that more witnesses should be questioned, a police officer should be questioned about the corrections on the accident sketch map, a reconstruction of events should be conducted, if necessary, but with the assistance of a traffic specialist.", "22. On 26 December 2005 the proceedings were stayed since “it was impossible to establish the guilt of the person who caused the collision with the applicant’s wife”. By letter of 7 March 2007 the Cherkassy Regional Prosecutor’s Office informed the applicant, however, that a forensic automobile technical examination was pending in his case.", "23. In August 2008 the case was transferred to another investigation officer. On 9 August 2008 a decision similar to the one of 26 December 2005 was adopted.", "24. On 24 June 2009 the decision of 9 August 2008 was quashed by the Cherkassy District Prosecutor’s Office. It was noted, inter alia, that a number of witnesses had to be questioned, a reconstruction of events should be conducted and the police officers should be questioned about corrections on the accident sketch map.", "25. On the next day, however, an investigation officer of the Cherkassy Regional Police Department again terminated the proceedings for the absence of evidence of a crime.", "26. On 15 June 2011 this decision was quashed by the Cherkassy District Prosecutor’s Office and the case was remitted for additional investigation. It was noted that the instructions of the prosecutor’s office issued on 23 November 2005 and 24 June 2009 had to be complied with.", "27. On 8 August 2011 an auto-technical forensic examination was ordered.", "28. On 25 June 2012 an expert concluded that it was impossible to answer the questions about a possibility for P. of having avoided a collision and whether P. had breached the traffic rules that had resulted in a traffic accident. The expert noted that the reconstruction of events of 29 September 2004 had been conducted with a breach of procedure therefore the obtained data could not be used for an expert conclusion. The expert, however, noted that the applicant’s wife had breached the traffic rules since there had been no lights on her bicycle and that had caused the collision.", "29. On 29 June 2012 an investigation officer, referring to the above expert conclusion, terminated the proceedings in the case.", "30. On 10 August and 22 September 2004 the applicant brought two claims for damages against P. On 14 September and 28 October 2004 the Cherkassy District Court dismissed the applicant’s claims for procedural shortcomings. The applicant neither appealed against these decisions nor submitted new claims in compliance with procedural requirements.", "31. On 26 March 2006 the applicant took part in the local elections as a candidate for the position of the head of the village territorial community and came second with three votes less. On 3 April 2006 the Cherkasskyy District Court invalidated the results of the elections. On 6 April 2006 the Cherkassy Regional Court of Appeal quashed the decision of 3 April 2006 and rejected the applicant’s complaint that some of the voters had been prevented from voting. On 25 May 2006 the Higher Administrative Court of Ukraine rejected the applicant’s request for leave to appeal in cassation as the decision of 6 April 2006 was not subject to appeal." ]

[ "2" ]

[ 11, 18 ]

[]

[ "5. The applicant was born in 1973 and prior to his arrest lived in Moscow.", "6. On 30 June 2004 the applicant was arrested on suspicion of drug dealing as a result of an undercover police operation. On an unspecified date the Podolskiy Town Court of the Moscow Region (“the Town Court”) remanded him in custody. He remained in detention pending the investigation and trial.", "7. On 11 March 2005 the Town Court found the applicant and his co-defendant B., also a Tajikistani national, guilty as charged. The applicant was sentenced to fourteen and a half years’ imprisonment.", "8. On 25 April 2005 the Moscow Regional Court (“the Regional Court”) quashed his conviction on appeal and remitted the matter to the Town Court for fresh consideration. The Regional Court noted that, in contravention of the rules of criminal procedure, the indictment had been prepared by a prosecutor who had been the spouse of one of the police officers taking part in the undercover operation leading to the applicant’s arrest and had testified as a prosecution witness. As regards the applicant’s detention, the court ruled as follows:\n“Regard being had to the gravity of the charges against the defendants, their foreign nationality and illegal residence in the Russian Federation, [the court] does not consider it possible to lift the preventive measure pending trial applied and ... extends their detention.”", "9. On 14 June 2005 the Town Court extended the applicant’s pre-trial detention until 8 November 2005. On 29 August 2005 the Regional Court upheld the relevant court order on appeal, noting as follows:\n“When deciding on the preventive measure, the [trial] court legitimately referred to the gravity of the charges and the [defendants’] characters ... It further legitimately indicated that there were no grounds for the defendants’ release. If at large [the defendants], in view of the gravity of the charges, might abscond, continue criminal activities, put pressure on witnesses, or otherwise interfere with the administration of justice.”", "10. It appears that the applicant remained in custody pending consideration of the criminal charges against him.", "11. On 9 December 2005 the Town Court found him guilty of drug dealing and sentenced him to eleven years’ imprisonment.", "12. On 17 April 2006 the Regional Court upheld the conviction on appeal.", "13. On 26 September 2006 the Regional Court granted the prosecutor’s request for a supervisory review of the applicant’s conviction, noting that the charges against him had not been classified in accordance with the law.", "14. On 14 February 2007 the Presidium of the Regional Court quashed the appeal judgment of 17 April 2006 by way of supervisory review and remitted the matter to the appellate court for fresh consideration.", "15. On 16 April 2007 the Regional Court quashed the applicant’s conviction of 9 December 2005 and remitted the matter for a retrial. It further noted that the preventive measure applied in respect of him and his co-defendant should remain unchanged.", "16. On an unspecified date the Town Court extended the applicant’s detention until 27 July 2007.", "17. On 25 July 2007 it authorised his detention for a further period until 27 October 2007, noting as follows:\n“When deciding the issue of extending the [defendants’] pre-trial detention and accepting the prosecutor’s argument, [the court] considers that there are no grounds for changing the preventive measure. Regard being had to the gravity of the charges against [the defendants], their foreign nationality and illegal residence in the Russian Federation, the court considers it impossible to lift the [detention] earlier applied and extends it ... ”", "18. On 25 September 2007 the Town Court returned the case file to the prosecutor to arrange for a translation of the indictment into the defendants’ mother tongue. As regards the defendants’ detention, the court reiterated verbatim its earlier reasoning of 25 July 2007, ordering that they be detained pending the return of the case file to the court. On 4 December 2007 the Regional Court upheld this decision on appeal.", "19. On 25 December 2007 the applicant received the translation of the indictment.", "20. On an unspecified date the Town Court received the case file, and on 10 January 2008 fixed the date for the hearing of the case for 23 January 2008. It authorised the applicant’s detention for the period from 27 October 2007 to 27 January 2008, reiterating the reasoning contained in the court orders of 25 July and 25 September 2007. On 18 March 2008 the Regional Court upheld the relevant decision on appeal. It considered that the applicant’s pre-trial detention had been extended in accordance with the applicable rules of criminal procedure and discerned no reasons that would, in the circumstances of the case, justify his release pending trial. He and his lawyers had to attend the trial and were not present at the appeal hearing. The court appointed lawyer B. to represent him. The prosecutor was present and made submissions to the court.", "21. On 23 January 2008 the Town Court admitted lawyer Sh. as the applicant’s defender and adjourned the hearing to provide him with the time necessary to study the case file. The court further extended the applicant’s detention until 27 April 2008. Its reasoning in that regard remained unchanged. It appears that the applicant did not appeal against the said court order.", "22. On 4 February 2008 the Town Court returned the case file to the prosecutor for the reasons indicated by the Regional Court in the appeal judgment of 25 April 2005 (see paragraph 8 above). The prosecutor was given five days to bring the indictment in compliance with the applicable rules of criminal procedure. Lastly, the court noted, reiterating its earlier reasoning, that the applicant should remain in custody.", "23. On 24 April 2008 the Regional Court adjourned the hearing of the applicant’s appeal against the detention order of 4 February 2008 as his lawyers failed to appear. As regards the pre-trial detention, the court noted as follows:\n“[The appellate court] considers it necessary to rule on the issue of the [defendants’] detention pending the appeal hearing, given that the detention authorised by the court order of 23 January 2008 expires on 27 April 2008. Regard being had to the circumstances of the case, the fact that the appellate court will examine the issue of the defendants’ detention, and to ensure prompt consideration of the matter, [the court] considers it necessary to extend the [defendants’] detention for ten days, until 7 May 2008.”", "24. On 6 May 2008 the Regional Court examined the applicant’s appeal against the detention order of 4 February 2008. It upheld the findings of the lower court as regards the lawfulness and reasons underlying his detention. At the same time the Regional Court, regard being had to the fact that the defendants had been detained for a long time, the gravity of the charges and their characters, considered it possible to release them on bail. The bail set for each of them was RUB 5,000,000. Lastly, the court ruled that, should they be unable to pay the bail, they would remain in custody until 7 June 2008.", "25. According to the applicant, he was unable to pay the bail as he had insufficient funds.", "26. On 6 and 7 June 2008 the Town Court held a preliminary hearing in camera. After giving the applicant four warnings for improper conduct, the judge had him removed from the courtroom. The hearing was then held in his absence. His lawyers were present and made submissions to the court. The court fixed the trial date for 17 June 2008. It further extended the applicant’s pre-trial detention until 7 September 2008, noting as follows:\n“When deciding the issue of extending the [defendants’] pre-trial detention and accepting the prosecutor’s argument, [the court] considers that there are no grounds for changing the preventive measure. Regard being had to the gravity of the charges against [the defendants], their foreign nationality, illegal residence in the Russian Federation and lack of permanent employment, the court considers it impossible to lift the [detention] applied and extends it ... .”", "27. On 24 July 2008 the Regional Court upheld the decision of 7 June 2008 on appeal. The prosecutor was present and made submissions to the court. The applicant did not attend. He had to be present at the trial court examining the criminal case against him. The court considered the request filed by his lay defender Sh. to adjourn the hearing in view of his involvement in another set of proceedings but dismissed it. It appointed lawyer S. to represent the applicant, noting as follows:\n“Regard being had to the [applicant’s] failure to pay the bail in accordance with the appeal decision of 6 May 2008, the gravity of the charges infringing public health and morals that amounts to a serious violation of public policy in a society which ensures human rights guarantees and in which public health is of great value, the [applicant’s] foreign nationality, illegal residence in the Russian Federation, the court at first instance has lawfully found that, pursuant to the applicable legislation, the preventive measure applied [in respect of the applicant] is not excessive. It is justified by society’s response and the social consequences [of the crime]. Given that it is necessary to ensure the effective protection of society, the court considers a deprivation of liberty to be permitted.”", "28. On 1 August 2008 the Town Court found the applicant guilty as charged and sentenced him to ten and a half years’ imprisonment. On 19 February 2009 the Regional Court upheld his conviction on appeal.", "29. According to the Government, on 25 April 2013 the prosecutor lodged an appeal against the court order of 10 January 2008 and the appeal decision of 18 March 2008 arguing that the applicant’s detention from 27 October 2007 to 10 January 2008 had been unlawful. The Government did not inform the Court about the outcome of the hearing of the matter." ]

[ "5", "6" ]

[]

[]

[ "5. The first applicant was born in 1979, the second and third applicants were born in 1974, and the date of birth of the fourth applicant is unknown. The fourth applicant is the common-law wife of Mr Pavel Aleksandrovich Bazhenov (“the fourth applicant’s partner”). The second and fourth applicants live in Irkutsk Region and Irkutsk respectively. The first and third applicants are serving prison sentences in Irkutsk Region.", "6. On 14 October 2003 the first and third applicants and the fourth applicant’s partner were arrested and taken to the police station on suspicion of murder. They were allegedly intimidated by police officers seeking to extract self-incriminating statements.", "7. On 15 October 2003 a forensic medical examination was conducted in respect of the first and third applicants and the fourth applicant’s partner. It revealed that the first applicant had abrasions on his left shoulder, and bruises on both ears and on the back of his thorax; the third applicant had bruises on his left hip and under his jaw. The expert concluded that those injuries had been sustained the day prior to the examination and that they had not caused any permanent damage to the applicant’s health. The fourth applicant’s partner was discovered to have a closed nose fracture which amounted to slight damage to his health.", "8. On 16 October 2003 the Oktyabrskiy District Court of Irkutsk (“the District Court”) authorised the detention of the first and third applicants and the fourth applicant’s partner pending the investigation. It relied on the gravity of the charges and the risk that they might interfere with the administration of justice (abscond, resume their criminal activity or threaten witnesses). They were placed in remand prison IZ-38/1 in Irkutsk.", "9. On 24 October 2003 charges of aggravated murder were brought against them.", "10. On 11 December 2003 the District Court extended the detention of the first and third applicants and the fourth applicant’s partner until 5 March 2004 on the same grounds. Those decisions were upheld on appeal by the Irkutsk Regional Court (“the Regional Court”) in respect of the first applicant on 29 January 2004 and in respect of the third applicant and the fourth applicant’s partner on 3 February 2004.", "11. The first and third applicants’ detention was subsequently extended, on the same grounds, on 3 March and 4 March 2004 respectively, until 5 June 2004. The Regional Court upheld those decisions on appeal in respect of the first applicant on an unspecified date and in respect of the third applicant on 21 April 2004.", "12. According to the first applicant, between 14 and 16 October 2003 the police subjected him to beatings, torture with electric wires, and deprivation of food and sleep.", "13. Subsequently, for several days starting from 17 October 2003 the first applicant was intimidated by one of his cellmates, S. Ye. (nicknamed “the Nazi”), who had been instructed by the police to extract the applicant’s confession. As a result, on 21 October 2003 the applicant attempted suicide by cutting his left forearm.", "14. On the same day the applicant was examined by a doctor, who reported superficial cuts on his left forearm.", "15. On 4 November 2003 the applicant was taken to the police station. Throughout the day police officers allegedly beat him in the head, kidneys and genitals, tortured him with electric wires and threatened to kill him and to rape him. As a result, he attempted suicide by cutting his neck with a blade.", "16. On the same day the applicant was examined by a doctor, who recorded the following injuries: a four-centimetre long cut on his neck and six superficial two-centimetre long cuts on his left forearm.", "17. On 11 November 2003 the third applicant was taken for questioning to the police station, where he was beaten up by police officers S.Sh., S.S. and Ye.Kh. For an hour and a half the police officers allegedly kicked and punched the applicant, who was handcuffed and kneeling, and beat him with a stick. Unable to withstand the torture, the applicant jumped out of a third-floor window of the police station. However, as the applicant’s action was considered an attempt to escape, criminal proceedings were brought against him under Articles 30 § 3 and 313 § 1 of the Criminal Code (attempted escape).", "18. The following day, on 12 November 2003 the third applicant was taken to hospital and diagnosed with a fracture to his right upper arm and contusions on his thorax and spinal cord, allegedly caused by the jump from the window.", "19. As indicated above the first and third applicants and the fourth applicant’s partner were placed in remand prison IZ-38/1. The fourth applicant submitted that as from 24 October 2003 and for several days onwards her partner was beaten up by other inmates. He was not given any food and not allowed to sleep, and in the mornings he was taken to the police station where the ill-treatment continued.", "20. From 25 November to 11 December 2003 the applicant’s partner was kept in detention facility IZ-24/1 in Krasnoyarsk, where, allegedly with the tacit consent of the facility’s officers, he was constantly ill-treated by other inmates.", "21. From 11 December 2003 until 15 January 2004 the fourth applicant’s partner was detained again in remand prison IZ-38/1 in Irkutsk. Two of the inmates – S.Ye. and A. – deprived him of food and sleep, and threatened him with murder and rape. The chief of police, A.S., threatened him with rape. Several days later the applicant’s partner was raped by other inmates and the act was videotaped. He was then blackmailed with the tape. Finally, on 12 January 2004 he confessed. On 3 February 2004 the applicant’s partner was transferred to a solitary confinement cell.", "22. On 5 February 2004 the applicant’s partner was found hanged.", "23. The first and the third applicants and the fourth applicant’s partner complained to the prosecutor’s office of their ill-treatment at the hands of the police. The initial complaint concerned the alleged ill-treatment on 14 October 2003. Separate complaints were brought later in connection with other alleged instances of ill-treatment (see paragraphs 12, 13, 15 and 17 above).", "24. On 20 November 2003 the Deputy Prosecutor of Irkutsk Region refused to open criminal proceedings against the police officers. The decision read as follows:\n“...\n[The first applicant] submitted that on 14 October 2003 he had been arrested by the police. When being brought to the police station he had been ill-treated by the police officers [description of the beatings]. On 21 October 2003 he cut his left forearm [because he had had a conflict with his cellmates and wanted to be transferred to a different cell]. On 4 November 2003 [the first applicant] cut his neck [because he had been beaten up by the police officers].\n[The fourth applicant’s partner] submitted that on 14 October 2003 he had been arrested by the police and brought to the police station where physical force had been applied to him [description of the beatings]. He could not describe the officers who had ill-treated him. On 11 November 2003 he was again ill-treated; the police officers tortured him with electric wires and beat him up.\n[The third applicant] submitted that police officers ill-treated him and he was compelled to jump out of the window.\n...\n[Chief police officer G.] submitted that on 14 October 2003 [the first and third applicants and the fourth applicant’s partner] had been arrested on suspicion of having committed particularly serious crimes. They showed active resistance during the arrest and therefore physical force and cuffing were applied to them. After the arrest [the above persons] were brought to the police station. The first applicant and the fourth applicant’s partner had injuries which had been inflicted on them at the arrest. Subsequently the first applicant and the fourth applicant’s partner were taken to the investigator for participation in the investigative actions. No physical or mental coercion was applied to them ...\nSimilar statements were given by police officers Sh., S. and P. [The latter] added that on 4 November 2003 [the first applicant] participated in an investigative action at the police station. After the investigative action was completed, he and the [first applicant] remained waiting in office no. 302 for the applicant to be taken back to the remand prison. [The first applicant] was nervous, [he] expressed his fears of receiving a long sentence. During the conversation he cut his neck. He was provided with medical aid and taken to the remand prison, where he was examined by a doctor.\nAccording to the reports of the forensic medical examinations, the injuries of [the first and third applicants] did not cause any permanent damage to their health, and the injuries of [the fourth applicant’s partner] caused slight damage to his health. The [above] injuries could have originated from the impact of hard blunt objects with a limited surface area, which could be a fist or a foot.\nThese injuries were caused to [the first and third applicants and the fourth applicant’s partner] at their arrest by the police officers. An inquiry was carried out in accordance with Article 144 of the Code of Criminal Procedure which established that [the first and third applicants and the fourth applicant’s partner] had shown active resistance during their arrest and the police had applied physical force and special means to them pursuant to Articles 12-14 of the Law on police. On 18 November 2003 the institution of the criminal proceedings against the police officers was refused in the absence of constituent elements of a crime in their actions.\nAn inquiry was carried out in accordance with Article 144 of the Code of Criminal Procedure into [the first applicant’s] causing himself injuries on 21 October 2003. On 22 October 2003 the institution of the criminal proceedings was refused.\nBodily injuries in the form of cutting wound of the neck were self-inflicted by the [first applicant], which is confirmed by the latter’s statements. No other injuries were discovered on [the first applicant] at his examination on 4 November 2003. This fact disproves [the first applicant’s] allegation of having been beaten up by the police on that day.\nOn 11 November 2003 [the third applicant] jumped out from the third-floor window of the police station in an attempt to escape. Criminal proceedings were instituted against him under Articles 30 § 3 and 313 § 1 of the Criminal Code.[1]\nNo evidence was established during the inquiry to substantiate the allegations that police officers Sh., S., G. and P. had applied physical and mental coercion to [the first and third applicants and the fourth applicant’s partner]. The submissions made in this respect by [the latter] are unsubstantiated and far-fetched.\n...”", "25. On 4 March 2004 the Prosecutor of Irkutsk Region set aside the decision of 20 November 2003 and opened criminal proceedings against a number of police officers under Article 286 § 3 (a) of the Russian Criminal Code (Abuse of office associated with the use of violence or entailing serious consequences).", "26. On 8 August 2006, however, the criminal proceedings were discontinued owing to the absence of constituent elements of a crime in the actions of the police officers. The applicants did not appeal against this decision in court.", "27. On 11 February 2004 the Irkutsk Regional Prosecutor’s Office instituted criminal proceedings into the death of the fourth applicant’s partner under Article 110 of the Criminal Code (incitement to suicide).", "28. On 11 May 2004 a post-mortem examination of the applicant’s partner was completed. It was established that he had died as a result of strangling. Apart from visible marks on his neck, the following injuries were recorded: abrasions on the neck, the lumbar region, the chest, the right forearm, the right wrist and the right hand; bruises and abrasions on the forehead; bruises in the soft tissues of the neck; and a hemorrhage in the mucous membrane of the anus.", "29. On 26 June 2006 the criminal proceedings were discontinued owing to the absence of evidence of a crime. It was established that on 3 February 2004 the fourth applicant’s partner had been transferred to a solitary confinement cell after his lawyer had complained that the former had been subjected to abuse by other inmates. Thereafter, on 5 February 2004 the fourth applicant’s partner was found hung in the cell. The forensic medical expert concluded that the death had occurred as a result of strangling. It was further established that on the day of his death the fourth applicant’s partner had been kept in the cell alone, and that the lawyer’s allegations that his client had been ill-treated by other inmates had not been confirmed.", "30. The lawfulness of the above decision was challenged before the court by the father of the deceased, Mr A. Bazhenov, who was granted victim status in the relevant proceedings.", "31. On 16 July 2007 the Kuybyshevskiy District Court of Irkutsk found the above decision lawful and justified. It was not appealed against to the Regional Court.", "32. On 25 December 2006 the Regional Court convicted the first and third applicants, along with five other co-defendants, of banditry, aggravated murder and robbery. It sentenced the first applicant to life imprisonment and the second applicant to twenty years’ imprisonment. The trial court examined the allegations of police ill-treatment in so far as the admissibility of evidence was at issue. It heard the applicants, examined the medical evidence, and questioned the applicants’ former cellmates and the police officers allegedly involved in the ill-treatment. Having taken into account the conclusions of the investigation, the court held that no unlawful methods of interrogation had been used against the applicants.", "33. On 25 September 2007 the Supreme Court of Russia upheld the judgment on appeal.", "34. On 5 September 2003 the flat of one of the victims was searched within the framework of the murder case involving the first and third applicants and the fourth applicant’s partner. The second applicant, who was found armed inside the flat, was taken to the police station for identification and questioning. He was kept there until 7 September 2003. According to the second applicant, police officers struck him in the area of his only kidney, tried to throw him out of the window, then forced him out onto the windowsill, from where he lost his balance and fell three floors down.", "35. From 7 September to 7 October 2003 the second applicant underwent treatment in the traumatology unit of Angarsk hospital no. 36 for a cerebral contusion, massive damage to the soft tissue of his body and extremities, diffused hypodermic and subfascial haematomas, multiple abrasions on the head and extremities, kidney contusion, compression syndrome and right-sided post-traumatic pneumonia.", "36. Meanwhile, on 8 September 2003 the applicant sought to institute criminal proceedings against the police officers. However, on 2 October 2003 the Deputy Prosecutor of the Irkutsk Region refused to open criminal proceedings, having arrived at the conclusion that the applicant had jumped out of the window in an attempt to escape. The applicant challenged the lawfulness of that decision in court.", "37. On 22 December 2003 the Kirovskiy District Court of Irkutsk found the decision lawful and justified.", "38. The applicant did not appeal against the judgment before the Regional Court." ]

[ "3" ]

[]

[]

[ "5. The applicant was born in 1988 and lives in Gladbeck (Germany). When lodging his application, he was detained in Essen Prison.", "6. On 9 October 2008 the Gladbeck District Court convicted the applicant of several counts of extortion, robbery, burglary, embezzlement and assault. Applying the criminal law relating to young offenders, it sentenced him to two years’ imprisonment. The District Court suspended the execution of the sentence and granted probation. In a separate decision of the same day, the District Court imposed conditions on the applicant during the probation period, which was to run until 16 October 2010. The applicant was not to reoffend; in addition, he was ordered, inter alia, to complete at least 200 hours of unpaid social work.", "7. On 11 December 2008 the applicant’s counsel informed the District Court that he represented the applicant in the proceedings concerning the applicant’s probation.", "8. On 15 June 2009 the Gladbeck District Court issued a detention order against the applicant, which was confirmed on appeal. The courts found that there was a strong suspicion that the applicant had committed a burglary on 31 May/1 June 2009 in a hotel in Gladbeck. The suspicion was based on the witness statement made by the applicant’s former girl-friend S. to the police.", "9. By a letter dated 5 October 2009 the applicant’s counsel notified the Essen Public Prosecutor’s Office, which received the letter on 8 October 2009, that he represented the applicant also in the investigation proceedings concerning the burglary on 31 May/1 June 2009.", "10. On 7 October 2009 the applicant was arrested. He was heard on 8 October 2009 by the investigating judge at the Herford District Court, without his counsel being present, on suspicion of having committed the burglary in a hotel on 31 May/1 June 2009 in Gladbeck. The applicant, who had been informed of his rights to remain silent and to consult a defence counsel at any time, admitted having committed the offence described in the detention order of 15 June 2009.", "11. On 20 October 2009, in a hearing before the Gladbeck District Court for review of the necessity of his further detention on remand, the applicant, in the presence of his counsel, revoked his confession of 8 October 2009. He submitted that he had only admitted having committed the burglary on 31 May/1 June 2009 as a police officer had told him at the time of his arrest that he had good chances of being released from detention on remand if he did so.", "12. Subsequently, on 23 October 2009, the Essen Public Prosecutor’s Office charged the applicant with the burglary committed in Gladbeck.", "13. On 22 October 2009 the Gladbeck District Court, relying on section 26 § 1 of the Juvenile Courts Act (see paragraph 28 below), revoked the suspension on probation of the applicant’s prison sentence granted in that court’s judgment of 9 October 2008.", "14. The District Court noted that in its decision of 9 October 2008 to suspend the sentence on probation, the applicant had been imposed the condition not to reoffend during the probation period. He had breached that condition as he had confessed having committed a burglary on 31 May/1 June 2009 in Gladbeck. His new offence was similarly serious as the offences he had been convicted of on 9 October 2008.", "15. The District Court further observed that the applicant had failed to comply with additional conditions imposed in the probation order. In particular, he had not completed the unpaid social work he had been obliged to carry out and had not contacted his probation officer without having a valid excuse.", "16. On 27 October 2009 the applicant lodged an appeal against the District Court’s decision. He contested the court’s finding that he had reoffended. He stressed, in particular, that he had revoked his confession of 8 October 2009. Moreover, a confession alone, the credibility of which had not been tested, was not sufficient to be proved guilty of an offence. In any event, under the standards of European law, the revocation of the suspension of a sentence on probation could only be based on a final conviction of a new offence. He had to be presumed innocent until proved guilty according to law.", "17. On 16 November 2009 the Essen Regional Court dismissed the applicant’s appeal against the District Court’s decision. The Regional Court considered that the revocation of the suspension on probation of the applicant’s prison sentence under section 26 of the Juvenile Courts Act could not be based on the applicant’s failure to carry out the unpaid social work he had been imposed in the probation order because the District Court had failed to specify in which institution the applicant was to do that work.", "18. The Regional Court further found: “However, ultimately it was nevertheless correct to revoke the suspension on probation as the convicted offender, as the District Court had correctly found, committed another offence during the probation period.” (“Der Widerruf der Bewährung ist jedoch im Ergebnis gleichwohl zu Recht erfolgt, denn der Verurteilte ist, wie das Amtsgericht zutreffend angenommen hat, innerhalb der Bewährungszeit erneut straffällig geworden.“).", "19. The Regional Court confirmed that the revocation of the suspension of the applicant’s sentence did not require that the applicant had been convicted by a final judgment of the offence on which the revocation was based. It was sufficient that the court revoking the suspension of the sentence had obtained certainty by other means that the person concerned had committed the offence. The presumption of innocence laid down in Article 6 § 2 of the Convention did not warrant a different conclusion. That presumption only related to proceedings in which a decision on the charges against the accused had to be taken and not to proceedings concerning the revocation of the suspension of a sentence on probation. Referring, in particular, to a decision of the Federal Constitutional Court of 9 December 2004 (see paragraphs 30-31 below), the Regional Court found that it was therefore sufficient, in particular, that the court revoking the suspension on probation of the penalty was convinced that the person concerned was guilty of a new offence on the basis of a credible confession that person made before a judge.", "20. In the case before it, the Regional Court then found that in view of the applicant’s confession on 8 October 2009 before the investigating judge, it was of the “firm conviction that the applicant had again committed an offence” (“sichere Überzeugung von einer erneuten Begehung einer Straftat durch den Verurteilten”), namely a burglary on 31 May/1 June 2009 in a hotel in Gladbeck. The applicant’s confession was credible, in particular, as it was supported by the detailed description of the applicant’s acts before and after the offence given by witness S. before the police. The subsequent revocation of the confession by the applicant, who had further contested S.’s statements, arguing that S. wanted to take revenge following the breakdown of their relationship, was not credible in the light of the results of the investigations undertaken to date. The Regional Court referred in this respect, in particular, to the reports of the witness statements made by S. and by Z., an employee of the hotel concerned, before the police. The Regional Court therefore concluded that the applicant had demonstrated by his new offence that he had not fulfilled the expectations on which the suspension of his sentence had been based.", "21. On 7 December 2009, following a decision of the Gladbeck District Court, the applicant’s detention on remand was interrupted in order for him to serve the sentence imposed on him in the Gladbeck District Court’s judgment of 9 October 2008.", "22. On 10 December 2009 the applicant lodged a constitutional complaint with the Federal Constitutional Court against the decisions of the Gladbeck District Court dated 22 October 2009 and of the Essen Regional Court dated 16 November 2009. He argued, in particular, that the said courts’ finding, on the basis of the case-file alone, that he had committed another burglary had disregarded the rule of law and the presumption of innocence as guaranteed by the Basic Law and by Article 6 §§ 1 and 2 of the Convention. His initial confession before the investigating judge was irrelevant as he had revoked that confession, the credibility of which had not been tested by the courts revoking the suspension of his sentence on probation. He further took the view that the question whether he had committed a new burglary had to be determined by the competent criminal courts following a trial. The domestic courts’ finding that he had committed another burglary before he had been convicted thereof by a final judgment also disregarded the European Court of Human Rights’ findings in a judgment of 3 October 2002 (Böhmer v. Germany, no. 37568/97).", "23. On 23 December 2009 the Federal Constitutional Court, without giving reasons, declined to consider the applicant’s constitutional complaint (file no. 2 BvR 2888/09).", "24. On 19 January 2010 the Gladbeck District Court convicted the applicant of burglary, committed on 31 May/1 June 2009 in a hotel in Gladbeck, and sentenced him to one year’s imprisonment. The judgment became final on 2 June 2010.", "25. The applicant was released from prison on 5 August 2011." ]

[ "6" ]

[ 13, 14, 15 ]

[]

[ "9. The facts, as submitted by the parties, may be summarized as follows.", "10. Both applicants are pensioners. In 2002 they sued the regional department of the Pension Fund (hereinafter “Pension Fund”) for miscalculating their pensions. They argued that the Pension Fund omitted to take into consideration the entire record of their service.", "11. On 26 July 2002 the Akhtubinsk Town Court of the Astrakhan Region granted the applicants’ claims.", "12. On 3 September 2002 the Astrakhan Regional Court confirmed this judgment on appeal.", "13. On 27 January 2003 the Akhtubinsk Town Court delivered a new judgment clarifying that the applicants’ pensions should be recalculated as from 19 December 2001.", "14. On 26 January 2005 the Presidium of the Astrakhan Regional Court rejected the supervisory-review application lodged by the Pension Fund against the judgment of 26 July 2002.", "15. On 3 March 2006 the Supreme Court of Russia quashed the judgments of 26 July 2002, of 3 September 2002 and of 26 January 2005 on account of incorrect application of substantive legislation and rejected all the applicants’ claims.", "16. After the decision of the Court to strike the applicants’ case out of its list of cases in accordance with Article 37 § 1 (c) of the Convention (see paragraph 5 above) the applicants brought further proceedings before the Russian courts. 1. The applicants’ request for reopening of proceedings following the decision of the Court to strike their applications out of its list of cases", "17. On unspecified date the applicants applied for reopening of proceedings concluded by the judgment of 3 March 2006 delivered by the Supreme Court of the Russian Federation, on the basis of newly discovered circumstances. There is no indication that the applicants claimed the pecuniary damage sustained as a result of the quashing of the domestic judgments in their favour.", "18. They argued that the decision of the Court to strike the application out of its list of cases taken on 18 September 2012 following the acknowledgment of a violation of their rights by the Government constituted a newly discovered circumstance entailing the reopening of proceedings in their case.", "19. On 15 March 2013 the Supreme Court observed that it resulted from the decision by which the Court decided to strike the application out of its list of cases following the acknowledgment of a violation of the applicants’ rights by the Government that, on the one hand, all sums due under the quashed judgment had been paid to the applicants and, on the other hand, the Court did not find that the judgment of the supervisory-review court was as such contrary to the Convention. The Supreme Court thus concluded that no reopening was required in the applicants’ case.", "20. On 8 July 2013 the applicants’ supervisory-review application lodged against this decision with the Presidium of the Supreme Court was dismissed by a judge of this court.", "21. On 18 September 2013 the Deputy President of the Supreme Court refused the applicants’ request to bring a supervisory review application on their behalf under Article 391.11 of the Code of Civil Procedure.", "22. On unspecified date the applicants complained under Chapter 25 of the Code of Civil Procedure about the Pension Fund’s failure to enforce the judgment of 26 July 2002 prior to its quashing on 3 March 2006. They sought pension arrears under the judgment of 26 July 2002 delivered by the Akhtubinsk Town Court for the period between 19 December 2001 and 3 March 2006 with their subsequent indexation.", "23. On 7 November 2013 the Taganskiy District Court of Moscow left their complaint without consideration, indicating that since there was a dispute about the applicants’ rights it should be examined in contentious proceedings and not in accordance with Chapter 25 of the Code of Civil Procedure.", "24. On 26 December 2013 the Moscow City Court confirmed this judgment on appeal." ]

[ "P1-1", "6" ]

[ 6 ]

[]

[ "5. The applicant was born in 1959 and lives in Belgium.", "6. He was an independent journalist, satirist and poet who at the relevant time was working for the Azadliq newspaper.", "7. At around 5 p.m. on 23 June 2006 the applicant met a friend at the Gozel Mekan café in Baku where they had a meal. At 7 p.m. they left and the applicant took a taxi home.", "8. Shortly after the taxi moved off, it was stopped by four plain-clothes agents of the NDMIA. Without showing themselves, they dragged the applicant into a Jeep. He was not informed of the reasons for his arrest. After his arrest they restrained his hands and only after some time, when the vehicle was moving, did they inform him that they were police officers.", "9. According to the applicant, as he was in shock during his arrest, he did not immediately notice that the officers had planted some drugs on him. However, he later realised that one of the officers, A.A., had slipped narcotic substances into his pocket, taking advantage of the fact that the other officers had restrained his hands.", "10. The applicant was taken to the NDMIA, where a search was conducted. According to record no. 94 on carrying out operational measures and the seizure of physical evidence (əməliyyat tədbirinin keçirilməsi və maddi sübutun götürülməsi barədə protokol), it was carried out at 7.20 p.m. on 23 June 2006 in the presence of the applicant, some police officers and two attesting witnesses. It appears from the record that the applicant was not represented by a lawyer. During the search, 9.264 grams of a substance similar to heroin was found in his left trouser pocket. He signed the record to say that he drank alcohol, but did not use or sell drugs. He further indicated that the drugs found did not belong to him, but that he could not explain where they had come from. Moreover, it appears from record no. 95 in the case file that the search was filmed. Despite the Court’s explicit request to the Government to submit a copy of the video-recording, they did not do so.", "11. Following the search, at around 7.45 p.m., the applicant was taken to the Republic Narcotics Clinic, where he underwent a urine test to determine his state of intoxication. According to him, the urine test was also a drugs test and after examination the doctor, R.M., stated that he was in a state of intoxication but was not a drug user. Record no. 1/4104 was compiled the same day containing details of the urine test. Despite the Court’s explicit request to the Government to submit copies of all documents relating to the proceedings in question, the Government failed to provide the Court with a copy of the record in question.", "12. The Government did not submit any comments in respect of the applicant’s version of events.", "13. It appears, however, from police report no. 922 dated 23 June 2006 submitted by the Government that on that date an operation was planned for the applicant’s arrest on the basis of operational information (əməliyyat məlumatları) suggesting that an individual named Sakit was a drug dealer and had been involved in drug dealing near the Gozel Mekan café. It was also noted in the report that he had obtained drugs from A., who lived in Veravul, a village in the Lankaran region.", "14. It further transpires from the documents submitted by the Government that at 10.55 p.m. on 23 June 2006 a police investigator drew up an official record of the applicant’s arrest (cinayət törətməkdə şübhəli şəxsin tutulması haqqında protokol). The relevant part of the record reads as follows:\n“Reason for arrest: In accordance with Article 148 of the Code of Criminal Procedure of the Republic of Azerbaijan. 9.264 grams of heroin, which constitutes a large quantity of narcotic substances and shows the commission of the criminal offence provided for by law, were found on Zahidov Sakit Salim oglu’s person and clothes.”\nThe record was drawn up without a lawyer present and was signed by the applicant and the investigator.", "15. On 23 June 2006 a police investigator instituted criminal proceedings against the applicant under Article 234.4.3 (illegal preparation, production, possession, storage, transportation and sale of a large quantity of narcotic substances) of the Criminal Code. The decision relied on the fact that following a search that day 9.264 grams of heroin had been found on him.", "16. At 11 p.m. on 23 June 2006 the investigator questioned the applicant as a suspect in the presence of his lawyer. It appears from the record of the questioning that in reply to the question regarding where, when and why he had obtained the heroin found on him, the applicant answered that he did not know when or where the drugs in question had been planted in his pocket. In reply to another question regarding whether he sold drugs, the applicant stated that it could be seen from his examination by the doctor that he did not use or sell drugs.", "17. On 23 June 2006 the investigator separately questioned two attesting witnesses who had participated in the search. Their statements were identical in their wording. They stated that they had seen the drugs found in the left trouser pocket of the applicant, who had stated after the search that the drugs did not belong to him.", "18. On the same day the investigator separately questioned four police officers who had participated in the arrest and search. Their statements were identical in their wording. They stated that they had received operational information that some drug dealers had been operating near the Gozel Mekan café, so they had gone to the area to determine who they were. Once they arrived, they stopped a taxi because an individual, who appeared to be in a state of intoxication and had caught their attention by his suspicious behaviour, had just taken the taxi in question. This individual, whose identity was later established, was then taken to the NDMIA where the drugs were found on him.", "19. On 24 June 2006 the applicant was charged with illegal possession of a large quantity of narcotic substances with intent to sell under Article 234.4.3 of the Criminal Code. On the same day a judge of the Nasimi District Court, relying on the official charges brought against the applicant and the prosecutor’s request to apply the preventive measure of remand in custody, ordered his detention for a period of three months.", "20. On 30 June 2006 the Court of Appeal upheld the detention order of 24 June 2006.", "21. On an unspecified date in June 2006 (the date of the record of the questioning is illegible) the applicant was questioned by the investigator as an accused in the presence of his lawyer. He maintained his initial statement, pointing out that the drugs did not belong to him and had been planted.", "22. On 1 July 2006 the investigator ordered a forensic medical examination to establish whether the applicant was a drug addict. On the same day the investigator also ordered a forensic chemical examination of the drugs found on him.", "23. On 5 July 2006 experts issued an opinion (no. 1026) concerning the forensic medical examination. The part concerning drug use by the applicant reads as follows:\n“[The applicant] denies that he uses narcotic substances. He denies that the...heroin found in his trouser pocket and seized belongs to him. He does not give complete information about his history of drug use. He tries to hide his abuse of narcotic substances. During the examination no signs of obvious abstinence were revealed. He has developed an initial pathological tendency (ilkin patoloji meyl) towards narcotic substances. A psychological dependence on the use of narcotic substances is observed. A physical dependence on the use of narcotic substances is not currently observed. He denies taking narcotic substances by injection.”\nThe conclusion of the opinion reads as follows:\n“During the examination it was established that Zahidov Sakit Salim oglu suffers from drug addiction at the initial stage (başlanğıc mərhələli narkomaniya xəstəliyi). This is confirmed by there being an initial pathological tendency towards narcotic substances, the results of the objective examination and the material of the criminal case. Taking into consideration that there are currently no signs of abstinence or drug intoxication and the fact that he has criticised himself for his situation, there is no need for his compulsory drug intoxication. It is advisable to register him at the local narcotics clinic.”\nThe opinion was established on the basis of the applicant’s “general features”, without a blood or urine sample being taken.", "24. On 5 July 2006 the chemical expert issued opinion no. 6930 finding that 9.228 grams of yellow sandy matter submitted for examination was home-made heroin.", "25. On 22 July 2006 the applicant and his lawyer were provided with a copy of the forensic medical opinion of 5 July 2006. The applicant immediately complained to the investigator in charge of the case, contesting its conclusions. He asked the investigator to order a “commission forensic examination”, indicating that he was not suffering from drug addiction. He further complained that the drugs found on him had been planted during his arrest by officer A.A., who had taken advantage of the fact that the other police officers had restrained his hands.", "26. On 24 July 2006 the investigator dismissed his complaint, indicating that there were no grounds to doubt the conclusions of the forensic medical opinion. As to the allegation that the drugs had been planted by the police, the investigator found it unsubstantiated, indicating that the applicant had not made any such statement when questioned after his arrest.", "27. On 29 July 2006 the investigator issued a bill of indictment under Article 234.4.3 of the Criminal Code and filed it with the Assize Court.", "28. In the course of the proceedings before the Assize Court the applicant claimed that he was innocent, insisting that the criminal case against him had been fabricated because of his journalistic and political activity, and that the drugs had been planted on him by the police officers. In this connection, he firstly submitted that the search of his person had not been carried out immediately after his arrest in the presence of the taxi driver or other individuals present at the place of his arrest, but at the NDMIA. He further submitted that the police had failed to search the taxi in which he had been arrested. However, if he had really had the drugs in his pocket, he would have thrown them into the taxi before his arrest. The police had not carried out a “real” search and had only found the drugs they had planted on him, otherwise they would have also searched the taxi. Moreover, they had failed to take its number plate and identify the driver. The applicant also pointed out that the identity of A., from whom he had allegedly obtained the drugs, had never been established by the investigation. Lastly, he submitted that in any event the drugs found on him could not be used in the proceedings because they had been obtained in breach of the relevant procedural requirements. In particular, he pointed out that Articles 207.4 and 217.1 of the Code of Criminal Procedure did not allow investigating authorities to carry out any investigative measures except an examination of the scene of the incident before the institution of criminal proceedings. However, in the present case a search of the applicant was carried out before the adoption of the investigator’s decision in that regard.", "29. At the hearing, the Assize Court heard the police officers who had carried out the arrest and search of the applicant. They confirmed their statements made during the investigation. Moreover, officer A.A. stated that he had not planted anything on the applicant, and that the applicant had lied about this.", "30. On 4 October 2006 the Assize Court, having reclassified the criminal charges, found the applicant guilty under Article 234.1 of the Criminal Code (illegal possession of a quantity of narcotic substances exceeding that necessary for personal use without intent to sell), and sentenced him to three years’ imprisonment. The part of the judgment concerning his conviction reads as follows:\n“It appears from opinion no. 1026 dated 05.07.2006 of the forensic narcotics examination that it was established during the examination that Zahidov Sakit Salim oglu suffers from drug addiction at the initial stage. This is confirmed by there being an initial pathological tendency towards narcotic substances, the results of the objective examination and the material of the criminal case. Taking into consideration that there are currently no signs of abstinence or drug intoxication and the fact that he has criticised himself for his situation, there is no need for his compulsory drug intoxication. It is advisable to register him at the local narcotics clinic.\nThe above-mentioned opinion was confirmed at the court hearing by addiction specialist I.F. from the Republic Narcotics Clinic, who was heard as an additional witness.\nIt appears from forensic opinion no. 6930 dated 05.07.2006 ... that 9.228 grams of yellow sandy matter rolled in cigarette paper submitted for examination in an envelope was home-made...heroin.\nThe accused S. Zahidov’s commission of the above-mentioned criminal offence was therefore fully proved in court. [His] statement that the narcotic substances found on him had been planted in his pocket by the police is defensive in nature and was not confirmed during the court examination.\nThe court notes that the investigating authority accused S. Zahidov under Article 234.4.3 of the Criminal Code, indicating in the bill of indictment that [he had] obtained the 9.264 grams of heroin found on him, which constituted a large quantity of narcotic substances with intent to sell.\nThe investigating authority’s conclusion was not proved at the court hearing. In fact, when charging S. Zahidov with this criminal offence, [it] relied on the fact that the 9.264 grams of heroin found on him constituted a large quantity of narcotic substances and considered this as illegal possession with intent to sell, but failed to collect any evidence proving the intent to sell or to refer to such evidence in the bill of indictment. However, it does not transpire from the material of the case file or the statements of the persons heard in court that S. Zahidov obtained these narcotic substances with intent to sell. The individual to whom S. Zahidov would sell the narcotic substances was not identified during the investigation or court examination. The statements of the police officers involved in the operation made during the investigation and before the court – that they had information that S. Zahidov had obtained the narcotic substances with intent to sell – are not supported by any plausible evidence. Moreover, the fact that the narcotic substance was in the same fold and undivided also confirms that it had not been prepared for sale. The accusation that S. Zahidov had been in possession of the drug with intent to sell was formed by the investigating authority on the basis of speculation and could not constitute the basis of the judgment.”\nThe judgment made no mention of the applicant’s specific complaints concerning the conditions in which the search had been carried out or the lawfulness of the use of evidence obtained in those circumstances against him.", "31. On an unspecified date the applicant appealed, claiming that he was innocent. He alleged, in particular, that the criminal case against him had been fabricated, and that the drugs had been planted on him by the police. In this connection, he reiterated that the agents of the NDMIA had failed to conduct a body search immediately after his arrest, and that the search had been carried out in breach of the relevant procedural requirements. Moreover, they had failed to search the taxi in which he had been arrested. He further complained that the forensic medical examination of 5 July 2006, which had been based on his “general features” and carried out without taking a blood sample from him, could not be considered an expert opinion. In this connection, he also submitted that it had been established in the urine test carried out immediately after his arrest that he was not a drug user. He further asked the court to examine the video-recording of his body search.", "32. On 15 December 2006 the Court of Appeal upheld the first-instance court’s judgment. The relevant part of the appellate court’s judgment reads as follows:\n“The panel of the court considers that the actions of Zahidov Sakit Salim were correctly classified by the court under Article 234.1 of the Criminal Code of the Republic of Azerbaijan, and that he was sentenced to a punishment within the authorised limits of the Article [of the Criminal Code]of which he was accused.\nAs the arguments raised in the appeal were examined in the descriptive part of the judgment and were not confirmed, the panel of the court does not see any reason to grant the appeal.”\nThe Court of Appeal was silent as to the applicant’s specific complaints concerning the narcotic substances being planted on him by the police, the conditions in which the search had been carried out, the lawfulness of the use of evidence obtained in those circumstances against him, the examination of the video-recording of the search, and the reliability of the forensic medical opinion of 5 July 2006.", "33. On 24 April 2007 the Supreme Court upheld the Court of Appeal’s judgment of 15 December 2006.", "34. On 9 April 2009 the applicant was released from prison under an amnesty law adopted by the Milli Mejlis (Parliament) on 17 March 2009.", "35. The applicant’s arrest and the institution of criminal proceedings against him attracted significant public and media interest both nationally and internationally.", "36. The relevant part of Resolution 1614 (2008) “The Functioning of Democratic Institutions in Azerbaijan”, adopted on 24 June 2008 by the Parliamentary Assembly of the Council of Europe, reads:\n“16. In view of the above, the Assembly recalls its Resolution 1545 (2007) and urges the Azerbaijani authorities to implement a number of measures without further delay... 22.3 condemns the lack of transparency and fairness in the relevant investigations and court proceedings and demands the immediate release of imprisoned opposition journalists ... Sakit Zahidov ...”" ]

[ "6" ]

[ 9, 25, 26, 27 ]

[]

[ "5. The applicant was born in 1966 and lives in Bas-Gordali, Chechnya. She is the sister of Mr Magomed Bimuradov, who was born in 1972.", "6. According to the applicant, at about 3 p.m. on 27 May 2002 (in the documents submitted the date is also referred to as 26 May 2002) Mr Magomed Bimuradov was abducted from a street in the vicinity of his house in Bas‑Gordali by a group of armed masked men in a white car. He was forced into the car which drove away in the direction of the village of Shuani in the Nozhay-Yurt district of Chechnya. The abductors allegedly belonged to the federal forces.", "7. The applicant’s brother has been missing since.", "8. In her submission to the Court the applicant stated that her brother’s abduction had been witnessed by fellow villagers Mr E.Ts. and Ms Kh.Ts. However, she did not furnish statements of those witnesses to the Court. It does not appear that those witnesses gave statements to the official investigation. In support of her application, she submitted an undated joint statement on the factual circumstances of the case given by herself and her two sisters, Ms Kh.B. and Ms Z.Kh., none of whom were present during the abduction.", "9. The Government did not dispute the facts as presented by the applicant, but denied any involvement of State servicemen in the disappearance of Mr Magomed Bimuradov.", "10. The Government submitted a copy of “the entire criminal case file no. 71056” into the abduction of Mr Magomed Bimuradov amounting to seventy-five pages. The information submitted may be summarised as follows.", "11. On 5 June 2002 Mr Magomed Bimuradov’s relatives lodged a complaint about his disappearance stating that he had gone out and had not returned home. The applicant, her four sisters, and other relatives including their father, Mr M.M.B., subsequently maintained correspondence with the authorities.", "12. On 1 October 2002 the Nozhay-Yurt district prosecutor’s office opened criminal case no. 71056 under Article 105 of the Criminal Code (murder).", "13. On 14 October 2002 the applicant was granted victim status in the criminal case.", "14. In October and November 2002 the investigators forwarded information requests concerning Mr Magomed Bimuradov’s possible detention to various law enforcement agencies. The replies were negative.", "15. On 2 December 2002 the investigation was suspended for failure to identify suspects.", "16. On various dates in July 2003 the investigators, at the request of the applicant’s and her relatives, provided them with statements that Mr Magomed Bimuradov had gone missing and that he had not been involved in an illegal armed group.", "17. On 31 March 2004 the military prosecutor’s office of military unit no. 20116 stated in reply to a request of March 2004 from the applicant’s sister, Ms Z.B., that it was impossible to verify the theory of the involvement of military servicemen in her brother’s disappearance.", "18. On 19 April 2005 the investigation was resumed. The applicant was informed thereof.", "19. On 20 May 2005 the investigation was again suspended for failure to identify suspects. The applicant was informed thereof.", "20. According to the applicant, between June 2005 and November 2010 she and her relatives submitted a number of requests to the investigating authorities. For instance, on 8 November 2010 she and a number of other relatives of disappeared persons complained to the North Caucasus Department of the Prosecutor General’s Office about their relatives’ abductions by federal servicemen and the lack of effective investigation into the incidents. No reply was given to this complaint.", "21. On 1 December 2011 the investigation into the disappearance was resumed following a complaint by the applicant’s relatives. The criminal proceedings are still pending.", "22. On 14 October 2002 the investigators questioned the applicant who stated that at about 3 p.m. on 27 May 2001 her brother had left home and had not returned. She also noted that on the same day between 1 p.m. and 2 p.m., prior to her brother’s disappearance, she had seen a suspicious white VAZ-2106 car without a registration number driving around the village.", "23. On 3 May 2005 the investigators questioned the applicant’s sisters, Ms Z.Kh. and Ms Kh.B., and the head of the Bas-Gordali village administration, Mr E.K., whose statements about the events were similar to the applicant’s account before the Court. All of them stated that they had not witnessed the abduction, but had seen a white VAZ car without a registration number driving around in the village that day." ]

[ "5", "2", "3" ]

[ 18 ]

[]

[ "4. The applicant was born in 1975 and lives in Norilsk.", "5. The applicant was convicted in 1998 and 2000; having partially served his sentence of 2000, he was released on parole.in 2002.", "6. On 14 October 2003 the police carried out a test buy of drugs from the applicant, searched his flat and seized, in particular, the drugs, an audio system and 9,000 Russian roubles (RUB).", "7. On 21 November 2003 the Norilsk town court (“the town court”) retroactively upheld the seizure of the audio system and RUB 9,000 for securing an eventual confiscation order. A sum of RUB 1,500 was also seized on an unspecified date. The investigator deposited the audio system to the police warehouse; the sum of RUB 10,500 was deposited onto the police bank account.", "8. The applicant was charged with drug-related crimes. On an unspecified date the investigation file was transferred to the town court for trial.", "9. On 3 March 2004 the applicant’s retained lawyer Mr B. failed to attend a trial hearing. The town court rescheduled the hearing on 12 March 2004.", "10. On 12 March 2004 Mr B. again failed to attend the hearing; the trial court appointed Ms V., a legal-aid lawyer, to represent the applicant. It follows from the trial record that the applicant did not indicate any failings on the part of Ms V. to the trial court.", "11. At some point between 12 and 30 March 2004 the applicant decided to replace Mr B. with Ms M. as his retained lawyer.", "12. On 30 March 2004 the town court held the second hearing. It convicted the applicant of a drug‑related offence and procurement and possession of firearms and sentenced him to ten years’ imprisonment. The town court ordered that RUB 10,500 and the audio system be confiscated as “unlawfully acquired”.", "13. On 6 July 2004 the Krasnoyarsk regional court (“the regional court”) quashed the conviction for procurement and possession of firearms and reduced the applicant’s sentence for the drug‑related crime to nine years and six months’ imprisonment. In the remaining part the judgment of 30 March 2004 was upheld and became final and enforceable.", "14. On 3 November 2004 the applicant sent an introductory letter to the Court in which no specific complaint was raised.", "15. On 15 November 2004 the sum of RUB 10,500 was added to the State budget.", "16. On 6 June 2005 the applicant sent to the Court a completed application form complaining for the first time that Mr B. had not represented him on 12 March 2004.", "17. On 3 November 2005 the audio system was sold for RUB 2,274.30; the proceeds were added to the State budget.", "18. On 21 April 2006 the town court brought the applicant’s sentences for the crimes committed in 2000 and 2004 into conformity with the amendments in law; the decision was upheld on appeal on 20 June 2006.", "19. On 20 June 2007 the applicant complained to the Court for the first time about the order to confiscate his property contained in the judgments of 30 March and 6 July 2004.", "20. On 11 November 2007 the presidium of the regional court delivered two separate supervisory review rulings: one in respect of the decisions bringing the sentences of 2000 and 2004 into conformity with the new law, by which it mitigated the sentences on technical grounds, and one in respect of the judgments of 30 March and 6 July 2004. In the latter the presidium briefly confirmed lawfulness of the applicant’s conviction and declared the judgments unlawful in the part concerning confiscation of the applicant’s property, which it remitted for a fresh examination in the first instance.", "21. On 5 May 2008 the town court decided that RUB 10,500 should be repaid and the audio system should be returned to the applicant. The decision became final and enforceable. On the same date a writ of execution was issued.", "22. On 11 July 2008 the bailiffs’ service opened enforcement proceedings in respect of the writ of 5 May 2008. No further actions to ensure enforcement were taken.", "23. The final decision of 5 May 2008 remained unenforced as the audio system had been sold and the money sent to the State budget.", "24. On 29 April 2009 the Registry of the Court requested the applicant to produce a copy of the trial record.", "25. The applicant asked the town court for a copy; the request was denied as the applicant had already been provided with a free‑of-charge copy and had failed to pay a court fee for an additional one as required by domestic regulations.", "26. On 29 May 2009 the applicant informed the Court that he had been trying to obtain a copy of the record. Later he succeeded at that.", "27. On 8 November 2010 the Norilsk town prosecutor’s office criticised the bailiffs’ failure to act and issued an instruction ordering them to take measures to enforce the decision of 5 May 2008.", "28. On 24 November 2010 the town court changed the manner of execution of the decision of 5 May 2008 in respect of the audio system and decided that the applicant should be paid RUB 2,274.30, the sum for which the audio system had been sold.", "29. The decision of 5 May 2008 remained unenforced." ]

[ "P1-1", "6" ]

[ 9, 10, 12, 14, 15, 16 ]

[]

[ "5. The applicant was born in 1973 and lives in Moscow.", "6. In 2003 the prosecutor’s office opened a criminal investigation into a series of fraudulent property transactions carried out by an organised group. On 14 April 2005 the applicant was arrested on suspicion of involvement in these activities.", "7. On 15 April 2005 the Ostankinskiy District Court of Moscow considered the investigator’s request to remand the applicant in custody during the investigation. The investigator argued that the applicant was suspected of having committed serious offences and was unemployed. He further alleged that the applicant might abscond or reoffend. Lastly, he referred to the applicant’s attempt to prevent witness Sh. from meeting with the investigator. The court granted the investigator’s request, noting as follows:\n“... the court takes into consideration that [the applicant] is suspected of having committed a lucrative crime which entails a custodial sentence exceeding ten years’ imprisonment, that he is not employed, and, as a result, he has no means of subsistence. The investigator’s knowledge of the reliable information that [the applicant] has put pressure on witnesses ..., convinces the court that, if [released], he might abscond, continue his criminal activities or otherwise interfere with the administration of the criminal proceedings ...”", "8. On 22 April 2005 the applicant was charged with fraud. On 10 June 2005 the District Court extended the applicant’s detention until 14 August 2005. The court stated as follows:\n“[The applicant] is charged with a serious offence committed by an organised criminal group. The reasons underlying the court’s decision to detain the applicant pending investigation still pertain. The court has accordingly grounds to believe that, if released, given that [the applicant] is a member of an organised criminal group, certain members of which are still at liberty and continue their criminal activities and interfere in any possible way with the investigation, [the applicant] will continue his criminal activities too or interfere with the criminal investigation ...”", "9. On 2 August 2005 the District Court extended the applicant’s detention until 14 November 2005 reiterating verbatim the reasoning in the previous court order.", "10. On 7 November 2005 the District Court extended the applicant’s detention until 14 February 2006. The court reasoned as follows:\n“There are no grounds to [release the applicant] because the circumstances justifying [his] detention still pertain. As prescribed by law, the court cannot discuss the [applicant’s] guilt and, when deciding on [the investigator’s request], the court is unable to discuss whether the extension of the investigation is justified and ... the court, when considering the request to extend the pre-trial detention, cannot decide to apply another preventive measure.”", "11. On 14 December 2005 the Moscow City Court upheld the decision of 7 November 2005 on appeal.", "12. On 8 February 2006 the District Court extended the applicant’s detention until 14 April 2006. With reference to the seriousness of the charges, the court stated that “if released, [the applicant] might abscond or otherwise interfere with the administration of justice”.", "13. On 13 April 2006 the Moscow City Court extended the pre-trial detention in respect of the applicant and S. until 14 July 2006. Referring to the seriousness of the charges, the court discerned no grounds to release the defendants. On 19 July 2006 the Supreme Court of the Russian Federation upheld the decision of 13 April 2006 on appeal.", "14. On 12 July 2006 the City Court extended the pre-trial detention in respect of the applicant, Kar. and S. until 14 October 2006. The court noted as follows:\n“It appears from the evidence submitted that S., [the applicant] and Kar. were detained pending investigation in view of the seriousness of the charges, the particular complexity of the case under investigation because of the numerous counts of [fraud], the significant number of defendants, and the possibility for them to put pressure on witnesses or to otherwise interfere with the administration of justice.\nThese circumstances still pertain today. The detention is still necessary and there are no grounds to release S., [the applicant] and Kar.”", "15. On 5 October 2006 the City Court extended the applicant’s detention until 14 January 2007. The court stated:\n“In deciding to extend [the applicant’s] pre-trial detention, the court takes into account his medical condition, that he resides permanently in Moscow, that he has no prior convictions and that he has no family ties.\nFurthermore, [the court] notes that when detaining [the applicant] pending trial, the court considered that, if released, he might abscond, continue his criminal activities or otherwise interfere with the administration of justice, regard being had to the facts that he was unemployed [and] had no means of subsistence. [Furthermore] according to the reliable information available to the investigating authorities, [the applicant] has put pressure on witnesses. Accordingly, the investigator has correctly specified that [the applicant], if released, might abscond or continue his criminal activities, especially given the number of people under investigation. Some of them are detained and some of them have not yet been identified. [The applicant], if released, would have an opportunity to interfere with the administration of justice.”", "16. On 9 October and 14 December 2006 the Supreme Court upheld on appeal the decisions of 12 July and 5 October 2006 respectively.", "17. On 24 August 2006 the applicant was charged with multiple counts of fraud, money laundering and criminal threatening including death threats.", "18. On 27 December 2006 the City Court extended the pre-trial detention in respect of the applicant, Kar. and S. until 14 April 2007 with the following reasons:\n“The court takes into account that all the defendants reside in Moscow and have family ties ... and the [applicant’s] medical condition ... . Nevertheless, the court considers that the information concerning the character of all three defendants was taken into account at the time of their detention pending trial. To date the circumstances justifying their detention have not changed or ceased to exist. Furthermore, all three defendants are charged with particularly serious and numerous offences. Apart from the three defendants, there are a great number of people prosecuted on the same charges, and they are not in detention. The present case concerns several counts [of fraud] and the court therefore accepts the investigator’s argument that, if released, S., [the applicant] and Kar. would have a real opportunity to interfere with the administration of justice ... [and/or] they might continue their criminal activities or abscond. There is no medical proof submitted that the defendants are unfit for detention in remand prisons.”", "19. On 13 March 2007 the Supreme Court upheld the decision of 27 December 2006 on appeal.", "20. On 30 March 2007 the City Court extended the applicant’s detention until 14 June 2007. The court reiterated the reasoning of its previous detention orders. The applicant appealed alleging that the maximum period of pre-trial detention had expired and that he should be released. On 21 May 2007 the Supreme Court upheld the order of 30 March 2007 on appeal. The court noted that the applicant should be detained given that the other defendants had not finished reading the case file.", "21. On 4 June 2007 the City Court noted that the applicant had not finished reading the case file and extended his detention until 14 July 2007. The court noted as follows:\n“Even though [the applicant] had no previous convictions prior to his arrest, has a permanent place of residence, and is supporting his elderly mother who suffers from a number of serious diseases, he is charged with a number of serious ... offences which entail a custodial sentence ...\nIn the court’s view, the above information concerning the [applicant’s] character and the seriousness of the charges are sufficient to justify the [applicant’s] detention. If released, he might abscond to prevent the transfer of the case file to the trial court, given that he has not finished reading the case file. He might also continue his criminal activities and influence the course of the trial ...”", "22. On 20 June 2007 the Simonovskiy District Court of Moscow received the case file. It comprised 190 volumes and concerned seven defendants, including the applicant, and over 400 witnesses. The case was assigned to Judge P.", "23. On 27 June 2007 the District Court scheduled the preliminary hearing of the case for 11 July 2007. The court also noted that the defendants should remain in custody pending trial.", "24. On 11 July 2007 the District Court held a preliminary hearing in the case and scheduled the trial for 23 July 2007. The court further reasoned that the applicant and four other defendants should remain in custody pending trial given that they were charged with serious offences and might abscond, continue their criminal activities and/or threaten the witnesses and other parties to the proceedings or otherwise interfere with the administration of justice. On 26 November 2007 the City Court upheld the decision of 11 July 2007 on appeal.", "25. On 25 July 2007 the Supreme Court upheld the decision of 4 June 2007 on appeal.", "26. On 10 December 2007 the case was re-assigned to Judge N. The applicant did not receive any written notification thereof.", "27. On 11 December 2007 the District Court extended the pre-trial detention in respect of the applicant and four other defendants until 20 March 2008. The court stated as follows:\n“When deciding to extend [the defendants’] pre-trial detention, the court considers that, if released, [they might] put pressure on the parties involved in the criminal proceedings [or] interfere with the establishment of the truth.”", "28. On 18 March 2008 the District Court extended the applicant’s detention with reference to the seriousness of the charges until 20 June 2008. It issued one court order in respect of five defendants, including the applicant. On 12 May 2008 the City Court upheld the decision of 18 March 2008 on appeal.", "29. On 20 June 2008 the District Court extended the applicant’s detention until 20 September 2008. The court noted as follows:\n“When deciding to extend the [defendants’] detention, ... the court, in addition to the information concerning the [defendants’] character, takes into account the fact that [they], if released, might put pressure on ... witnesses or otherwise interfere with the establishment of the truth.”", "30. On 6 August 2008 the City Court quashed the decision of 20 June 2008 on appeal. The court stated that, in contravention of the applicable rules of criminal procedure, the decision in question was taken in the absence of the defendants’ counsel.", "31. On 12 August, 16 September and 16 December 2008 the District Court extended the defendants’ detention until 20 September, 20 December 2008 and 20 March 2009 respectively. The court reiterated verbatim the reasoning contained in the court order of 20 June 2008.", "32. On an unspecified date the trial ended and the judge retired into the deliberations room for deliberations and drafting of the judgment. On 20 March 2009 the judge left the deliberations room and started the public pronouncement of the judgment in the case. The introductory part of the judgment (page 1) indicated that the date of its delivery was 20 March 2009. Its text comprised 260 pages. On 10 April 2009 the judge completed the delivery of the judgment. The operative part of the judgment (pages 258-60) specified the sentence imposed on each of the defendants and indicated the preventive measures applicable to them before the judgment came into force. As regards the applicant, the judgment indicated that “the preventive measure (custody) imposed earlier should remain unchanged”. According to the applicant, the operative part of the judgment was pronounced by the judge on 10 April 2009. The applicant was acquitted of one count of fraud and found guilty of four counts of fraud and two counts of money laundering and sentenced to nine years’ imprisonment.", "33. On 13 April 2009 the City Court upheld the decision of 16 December 2008 on appeal.", "34. On an unspecified date the applicant lodged an appeal against the judgment of 20 March 2009. He did not challenge the lawfulness of his detention from 20 March to 10 April 2009 before the appeal court. On 21 October 2009 the City Court upheld the applicant’s conviction on appeal.", "35. From 14 to 19 July 2005 the applicant was detained temporarily in a detention cell at the police station. According to the applicant, metal sheets on the windows prevented access to daylight, and an electric light was constantly on. He further submitted that the bathroom offered no privacy and that it was not possible to take a shower.", "36. From 19 July 2005 to 18 October 2008 the applicant was detained in remand prison no. IZ-77/5 in Moscow. He was allegedly held throughout in severely overcrowded cells: the number of beds was insufficient and he had to take turns with other inmates to sleep; the toilet offered no privacy; the inmates had to burn paper to cover the bad smell emanating from the toilet; and the quality of the food was very low.", "37. From 18 October 2008 to an unspecified date in 2009 the applicant was detained in remand prison no. IZ-77/6 in Moscow. Whereas the applicant submitted that thirty persons who were detained together had to take turns to eat; that there was a queue to use the toilet and that hot water was only available once a week, he considered the conditions of detention during the said period to be satisfactory.", "38. On the days of the court hearing during the period between 20 June 2007 and June 2008 the applicant was detained at the Simonovskiy District Court. According to the applicant, the holding cell was poorly lit and ventilated; all the cells were severely overcrowded and there was no free access to a toilet.", "39. In June 2008 the District Court moved to a new building. The applicant did not describe the conditions of his detention there, noting only that they had improved.", "40. According to the Government, the prison vans used to transport the inmates to and from the court-house fully complied with sanitary and hygiene standards. They were all equipped with ventilation, heating and lighting systems. The seating capacity of the prison vans was as follows:\n \nType of the prison van\nSeating capacity\nUAZ-3741\n4-5 inmates\nKAvZ-3976\n12 inmates\nGAZelle\n12 inmates\nGAZ-3307\n24 inmates\nZIL-4334\n34 inmates\n(b) Description submitted by the applicant", "41. According to the applicant, on the days of the court hearings in 2007-09 he was transported from the remand prison to the court-house and back in a prison van with two compartments, each measuring 1.5 x 2 m, which held twelve people each.", "42. The natural ventilation of the van through the hatches was insufficient and it was difficult to breathe. In the summer it was stiflingly hot inside the van. The vans had no windows or internal lighting.", "43. The van collected inmates from different prisons and made several stops at different court-houses and remand prisons. As a result, the applicant spent more than six hours in the van for each day in court.", "44. The applicant submitted that he suffered from hypertension, hepatitis, cholecystitis, pancreatitis, gastrobulbitis, diathesis, psoriasis and psychopathy. On 13 September 2006 the applicant sustained a hypertensive crisis. On an unspecified date he was diagnosed with cerebro-asthenic syndrome.", "45. According to the applicant, while in detention, he received no proper medical assistance.", "46. In July to August 2006 and November to December 2008 the applicant underwent treatment in a prison hospital. The treatment was, in the applicant’s view, not effective.", "47. According to the applicant, on numerous occasions he was subjected to psychological pressure during questioning. Following the applicant’s arrest, his mother was not allowed to see him until 2008.", "48. The applicant submitted that on 31 March 2005 he was brought to the investigator’s office for questioning. The police officers who were present there allegedly beat the applicant up causing him concussion and numerous bruises.", "49. On 13 July 2006 the prosecutor’s office refused to institute criminal proceedings against the alleged perpetrators. The applicant did not take any further action in this respect.", "50. On 1 November 2010 the applicant brought a civil claim seeking compensation due to, in his view, the unreasonable length of the criminal proceedings against him.", "51. On 8 April 2011 the Moscow City Court considered and dismissed the applicant’s claims. The court stated, in particular, that the provisions of the new law on compensation were not applicable to the applicant given that he had been convicted prior to the enactment of said law. The applicant appealed.", "52. On 31 August 2011 the appellate division of the City Court considered the applicant’s appeal. The court noted that on 8 April 2011 it had considered the applicant’s case in his absence and quashed the judgment. It further considered it possible to examine the applicant’s claims for compensation on the merits and render a new judgment. The City Court dismissed the applicant’s claims in full, reasoning as follows:\n“It follows from the circumstances of the case that [the criminal proceedings against the applicant] lasted four years six months and eight days.\nThe [applicant’s] criminal case was legally and factually complex. Six defendants were charged with serious and particularly serious offences: S. and Sh. were charged with six counts [of fraud]; K. was charged with seven counts [of fraud]; [the applicant] was charged with four counts [of fraud]; F., Kh. and D. were charged with three counts [of fraud] ... .The case ... was particularly complex given that the crimes were committed by an organised group. The defendants, whose guilt had been established in the judgment of 20 March 2009, had had knowledge of the law. In order to achieve their criminal goal, they had worked out a scheme comprising several stages which made it difficult to detect and record the evidence, and to establish the circumstances of the case that affected the overall length of the investigation and trial stages of the proceedings.\nThe [applicant’s] behaviour had also had an impact on the length of the proceedings. He repeatedly lodged requests with the authorities asking, inter alia, for additional interviews and changes of the time of interviews.\nFurthermore, it was incumbent on the authorities, during the investigation stage, to establish the whereabouts of and arrest suspects S., A. and N., and to ask for legal assistance from a foreign state [Ukraine] ...\nThere were no substantial or unreasonable periods of inactivity in the conduct of the investigation proceedings ... The authorities’ failure to comply with the statutory time-limits does not amount, as such, to the violation of the [applicant’s] right to a trial within a reasonable time.\nIt follows that there has been no violation of the [applicant’s] right to investigation within a reasonable time (the investigation stage lasted two years, two months and five days).\nThe judicial proceedings lasted two years, four months and one day ...\nThe length of the judicial proceedings was justified in view of the factual and legal complexity of the case, the great number of defendants and witnesses to be questioned, and the behaviour of the parties to the proceedings. The hearing of the case was adjourned for a short period (less than two weeks). The trial court took the necessary steps to summon and question witnesses ... the case was promptly forwarded to the appeal court ...\nIn view the above, the court considers that the length of the judicial proceedings against [the applicant] was reasonable.\nIt follows that the criminal proceedings [against the applicant] have complied with the reasonable time criterion and that the length of the criminal proceedings has not been excessive ...\nRegard being had to the fact that the length of [the criminal proceedings against the applicant] has been reasonable and that there was no violation of the [applicant’s] right to a trial within a reasonable time, the court does not discern any grounds to grant the [applicant’s] claim for compensation for the violation of his right to a trial within a reasonable time.”" ]

[ "5", "3", "6" ]

[ 1, 2, 26, 27, 29, 30, 31, 32, 35, 36, 38, 44, 45, 46, 47 ]

[]

[ "5. The applicant was born in 1953 and lives in Béziers.", "6. The applicant is the former head of the Basque separatist organisation Iparretarrak. After his detention in 1988, he was convicted several times: on 4 March 1991 he was sentenced to six years’ imprisonment for criminal association with a view to preparing a terrorist offence; on 10 November 1992 he was sentenced to life imprisonment for murder in the framework of terrorist activity, killing two members of the State security police force (“CRS”); on 9 April 1993 he was sentenced to six years’ imprisonment for armed robbery; on 9 June 1993 he was sentenced to life imprisonment for murder in the framework of terrorist activity, killing a gendarme; and on 31 March 2000 he was sentenced to twenty years’ imprisonment for conspiracy to murder, complicity in murder and armed robbery.", "7. By judgment of 1 February 2007 the Sentence enforcement division of the Paris Court of Appeal released him on licence from 14 February 2007 to 14 February 2014, ordering to follow a seven-year programme of assistance and supervision. The Government pointed out that the applicant was the first person sentenced to life imprisonment for offences linked to terrorism ever to have been released on licence.", "8. The Sentence enforcement division reiterated in its judgment that the applicant’s release on licence would be accompanied by the following general obligations (Article 132-44 of the Penal Code): complying with the instructions of the sentence enforcement judge or of the social worker from the Prison rehabilitation and probation service; receiving visits from the latter and providing him or her with information or documents facilitating supervision of his livelihood and compliance with his obligations; informing the social worker of any job changes and, if such changes are liable to hamper compliance with his obligations, obtaining prior authorisation from the sentence enforcement judge; informing the social worker of any changes of address and of any travel lasting for more than two weeks, reporting back to the latter on his return; and obtaining the authorisation of the sentence enforcement judge for any foreign travel and for any change of job or of address liable to impede compliance with his obligations. The division added the following special obligations (Article 132-45 [1], [3], [5] and [14] of the Penal Code): exercising an occupation or following vocational education or training; residing in Béziers; continuing, in accordance with his means, to pay into the Guarantee Fund for the compensation of victims of terrorism; and refraining from possessing or carrying a weapon.", "9. On 7 November 2007 the Criminal Chamber of the Court of Cassation dismissed the appeal on points of law lodged by the Public Prosecutor with the Paris Court of Appeal.", "10. On 24 December 2007 the applicant took part in a peaceful demonstration outside Agen Prison in support of Basque detainees being held there. The media reported on that demonstration.", "11. Consequently, the Paris Sentence Enforcement Court delivered a judgment on 14 May 2008 imposing additional special obligations on the applicant: refraining from attending, in the vicinity of a prison or other detention facility, any demonstration in support of persons detained for terrorist offences or of any association or movement which is committing or has committed terrorist acts (Article 135-45 [9] of the Penal Code); refraining from distributing any document or audiovisual material produced or co-produced by himself concerning, in whole or in part, an offence committed by himself, and refraining from discussing that offence in public (Article 132-45 [16] of the Penal Code).", "12. That judgment was upheld by judgment of the Paris Court of Appeal on 2 October 2008. However, the latter judgment was quashed by judgment of the Criminal Chamber of the Court of Cassation on 10 June 2009, on the grounds that the sentence enforcement court did not have jurisdiction to modify the obligations for release on licence, for which matter the sentence enforcement judge held jurisdiction.", "13. On 18 February 2010 the Public Prosecutor’s Office requested that the sentence enforcement judge of the Regional Court of Paris add both the aforementioned obligations to the applicant’s list of obligations for release on licence, as well as a prohibition on “contacting any person actively engaged in promoting Basque separatism or supporting detainees convicted of or charged with terrorist acts pursuant to Articles 421-1 to 421-6 of the Penal Code, particularly with a view to expressing support for such detainees (Article 132-42 [12] of the Penal Code)”.", "14. By judgment of 28 June 2010 the sentence enforcement judge decided to impose on the applicant the obligation set out in Article 132-45 (16) of the Penal Code: “refraining from distributing any document or audiovisual material produced or co-produced by himself concerning, in whole or in part, the offence committed, and refraining from discussing that offence in public, whereby [these] provisions [are] applicable only in cases of convictions for serious offences of intentional homicide, sexual assault or sexual abuse”. He noted that in its judgment of 1 February 2007 the Paris Court of Appeal had described the applicant “as a calm, respectful person who spent most of his time writing his memoirs”. The judge inferred that “although it is unclear what the word ‘memoirs’ entails, it is quite possible that Mr Bidart might be tempted to publish his memoirs and make statements on the offences of which he was convicted”. Nor did the judgment go into further detail on that point. It explained, however, that “during the adversarial proceedings Mr Bidart was reminded that the prosecution had requested the prohibition only of writings or statements connected with the offences of which he had been convicted”.", "15. That judgment was upheld by judgment of the Paris Court of Appeal on 31 August 2010, stating that the obligation in question “merely prohibited commenting on or condoning the offences committed” and “that the obligation was not a disproportionate measure in the light of the need to protect public order, nor does it prevent Philippe Bidart from expressing his political convictions”.", "16. By judgment of 30 March 2011 the Criminal Division of the Court of Cassation dismissed the appeal on points of law lodged by the applicant, on the grounds that in its judgment the Court of Appeal had properly applied Article 132-45 [16] of the Penal Code, in compliance with the legal texts and conventions relevant to the applicant’s appeal (including Article 10 of the Convention).\n..." ]

[ "10" ]

[ 11 ]

[]

[ "5. The applicant was born in 1976 in Havana, Cuba, and lived in the Moscow Region prior to his arrest on 6 April 2007.", "6. On 6 June 2008 the Moscow Regional Court convicted the applicant of armed robberies, illegal possession of firearms and other offences and sentenced him to twelve and a half years’ imprisonment.", "7. The applicant was detained in the following facilities:\n(a) until September 2008: remand prison IZ-77/4 in Moscow;\n(b) from 28 September to 9 October 2008: remand prison IZ-55/3 in Omsk;\n(c) from 9 October 2008 to 9 April 2009: correctional colony IK-9 in the Omsk Region;\n(d) from 9 April to 28 May 2009: remand prisons in Omsk and Moscow;\n(e) from 28 May 2009 to 12 January 2010: correctional colony IK-9 in the Omsk Region;\n(f) from 12 January to 26 March 2010: correctional colony IK-3 in the Omsk Region;\n(g) between an unspecified date and 7 December 2010: the applicant received treatment at medical facility LIU-2 (UKh-16/2) in the Omsk Region;\n(h) after 7 December 2010: correctional colony IK-6 in the Omsk Region.", "8. As regards the conditions in the IK-9 facility, the Government submitted a number of certificates concerning various aspects of Mr Butko’s detention which were issued by the facility director on 11 May 2012, as well as a copy of a director’s letter to the Omsk regional prosecutor dated 19 April 2012, from which it is apparent that Mr Butko was assigned to Unit 6 (бригада №6). According to the floor plan, the living areas measured 281.33 sq. m, of which the dormitory comprised 164.2 sq. m. There were 86 sleeping places and the average population ranged between 80 and 86 detainees, their number being logged by the officer on duty. The dormitory was ventilated through openings in the windows. The bath and laundry complex – which detainees were allowed to visit once a week between 6.30 a.m. and 9 a.m. or between 6 p.m. and 9 p.m., two units at a time – was equipped with eight shower heads, two plunge pools and one steam room. The facility was equipped with 28 toilets, all of them located in heated areas. Toilet bowls were screened by partitions.", "9. The Government produced copies of the prosecutor’s infringement reports detailing various aspects of the detention regime. It appears from the report dated 24 September 2009 that the total population of the IK-9 facility was 1,350 persons. The report of 12 March 2010 read, in the relevant part, as follows:\n“The inspection uncovered a number of gross violations of the law as regards material conditions of detention.\nThe statutory living space of two square metres per inmate ... is not available in many units. For instance, the premises occupied by Unit 3 measure 232 sq. m but accommodate 126 convicted detainees.\nThe premises are not equipped with the necessary amenities; there are no toilets inside the living areas (except in Unit 3). There are two installations within the facility, one of them accommodating 12 toilets, the other 16, which are used by all the detainees. It follows that the statutory number of toilets (1 toilet for every 10 persons) is not available. Their sanitary condition is not satisfactory; privacy when using the toilet is not ensured ...\nA number of detainees who are or were serving their sentence in the facility ... have written letters to the European Court of Human Rights, and the above-mentioned violations of law relating to the material conditions of detention may result in unfavourable outcomes for the State.”", "10. The applicant disputed the Government’s factual submissions. He submitted that there had been at least 100 detainees in Unit 6. All of them had shared one large space, filled to the maximum with double bunk beds, bedstands and stools, leaving a narrow passage of only 35 cm between beds and a marginally wider passage of 60 cm between two rows of beds. At the head of each bed, two bedstands sat on top of each other. There had been no ventilation and the windows remained sealed shut in winter. Detainees had been prohibited from staying in the dormitory from 8 am to 6 pm, and from sitting down or lying down on the bed at any time before the night call. During the day, detainees had been allowed to be either outdoors or in the recreation room.", "11. The recreation room (комната временных развлечений) measured approximately six by eight metres. There were six tables for reading and writing and a large number of stools. The only TV set was switched on according to the timetable. In bad weather, up to eighty detainees would remain in the recreation room without any activity.", "12. The washroom measured no more than six square metres, and contained five wash basins with cold water taps. No hot water was available. Detainees had been forbidden from washing any clothing, except socks or handkerchiefs, and from taking off their undershirts. They had only been allowed to clean their faces, brush their teeth, wash their hands or shave.", "13. The premises occupied by Unit 6 also included a pantry (комната питания), that is to say a room where inmates could keep and eat their own food. It was open from 9 a.m. to 10 a.m., from 1.30 p.m. to 2.45 p.m. and from 6 p.m. and 8.30 p.m. No more than five persons at a time were allowed into the pantry.", "14. Hygienic facilities were in short supply. The entire population of the facility, more than a thousand detainees, used the two available toilet installations: one had 16 pans and the other 12 pans. Pans were not screened by any partitions. Detainees were taken in groups of two units, that is to say approximately 200 persons, to the bath and laundry complex once a week. It was open from 6.30 a.m. to 9 a.m. and from 6 p.m. to 9 p.m. and was equipped with eight shower heads, two ice-cold plunge pools and a non-functioning steam room.", "15. The applicant adduced in evidence a written statement from his co‑detainee Mr K., who had been held in the same unit in 2008 and 2009. According to his statement, on 10 December 2009, Unit 6 had contained between 112 and 120 detainees. The dormitory measured 10.1 by 12.1 metres, that is to say a total floor area of 122.21 square metres. The pantry measured no more than seven square metres. The recreation room was approximately eight metres long by five metres wide. The washroom measured 5 by 1.3 metres and was equipped with five sinks. Mr K. also confirmed that the entire facility population had had to use the two available toilet installations located in separate, unheated outhouses, one with 12 pans and the other with 20 pans.", "16. Upon his arrival at the IK-3 facility on 12 January 2010, Mr Butko spent the first seven days in the quarantine unit and was later assigned to Unit 9. He claimed that he had been ill-treated while quarantined. He further submitted that the dormitory of Unit 9 was cold, that the light was dim, and that the premises were generally in disrepair." ]

[ "13", "3" ]

[]

[]

[ "5. The applicant was born in 1969 and lives in Morozovsk in the Rostov Region.", "6. On 7 July 2004 the applicant was arrested and placed in a temporary detention centre at the Morozovsk police station («Изолятор временного содержания», «ИВС», “IVS”) on suspicion of murder.", "7. The applicant was detained in the IVS on four separate occasions: between 7 and 24 July 2004; 17 August and 8 October 2004; 24 October and 16 November 2004; and 4 and 16 December 2004.\n(a) The applicant’s account\n(i) Material conditions of detention", "8. In the applicant’s submission, the conditions of his detention in the IVS during those four periods were essentially identical and as described below.", "9. The IVS was situated in the basement of the police station. The applicant was placed in a cell measuring approximately 12.5 square metres, which housed six to seven people. The walls, floor and ceiling were all covered with cement. There was no ventilation in the cell and consequently it was stuffy. The windows were covered with exterior and interior metal plates with minuscule openings, which gave practically no access to natural light. The cell was lit by a lamp set high up in an alcove in the wall, so there was insufficient light for reading or writing.", "10. In summer, temperatures inside exceeded 40˚C and the cell had a high level of humidity. There was no glass in the windows and in winter it was cold.", "11. No mattresses, bedding, cups, eating utensils or toiletries were distributed. There were no pest control measures in place to eliminate cockroaches and mice. The cell was not connected to a sewer and detainees had to relieve themselves in a bucket, which was removed from the cell once a day to be emptied. The water which was distributed once a day (ten litres per cell) was not drinkable. There was no provision for outside exercise or showers.", "12. The applicant was fed once a day. The food was wholly inadequate, both in terms of quality and portion size.\n(ii) The applicant’s state of health", "13. The applicant sustained an injury to his head prior to his arrest. While in the IVS, he did not receive adequate medical treatment for the injury. The applicant – who had contracted tuberculosis in 2001 – shared a cell with a person who was actually suffering from the open form of the disease at the time of his detention, and this represented a potential risk to his health.\n(b) The Government’s account", "14. Each of the IVS cells in which the applicant was kept measured approximately 15 square metres and had six sleeping places. However, it was impossible to provide more detailed information, as the registration logs for the IVS had been destroyed.", "15. According to the findings of the inquiry carried out by the Morozovskiy district prosecutor’s office on the basis of the applicant’s complaint, the applicant shared one of the cells in which he was kept – which was equipped with six sleeping places – with four inmates. At some point, he was transferred to a solitary confinement cell upon his request. The applicant received three meals a day. There were no mice or insects in the cells. The bucket that acted as a substitute for sanitary facilities was cleaned daily. The applicant had access to drinking water and toiletries. The applicant was provided with adequate medical assistance on request.", "16. On 12 November 2004 the Morozovskiy District Court of the Rostov Region convicted the applicant of murder and sentenced him to eleven years’ imprisonment. On 15 March 2005 the Rostov Regional Court upheld the conviction on appeal.", "17. The applicant was then sent to serve his sentence at a post‑conviction detention facility in the town of Pechora in the Komi Republic. The journey there included train travel and accommodation in SIZO-type detention facilities («следственный изолятор временного содержания», «СИЗО»). These facilities generally serve as remand prisons, yet can also be used for the temporary detention of people who have already been convicted.\n(a) Novocherkassk detention facility no. IZ-61/3 (SIZO-3)", "18. At certain times between 24 July 2004 and 6 June 2005, the applicant was kept in Novocherkassk detention facility no. IZ-61/3.\n(i) The applicant’s account", "19. The applicant was detained in a cell measuring 28 square metres, which was designed to hold ten people. However, he shared this cell with fifteen other detainees, so they had to sleep in shifts. The bedding supplied was dirty, worn out and covered in bloodstains. Mattresses were also worn out and infested with insects. There was no ventilation. Lights were on day and night. No toiletries were supplied.", "20. In summer, the cell was extremely humid and stuffy. Owing to water shortages lasting up to two or three days, the applicant had difficulties in obtaining drinking water and flushing the lavatory. The cell was infested with insects such as cockroaches. Conditions were unsanitary and no showers were available.\n(ii) The Government’s account", "21. While in detention facility no. IZ-61/3, the applicant was kept in the following cells:\n- cell no. 247 measuring 25.7 square metres;\n- cell no. 243 measuring 23 square metres;\n- cell no. 244 measuring 25.7 square metres;\n- cell no. 284 measuring 18.5 square metres;\n- cell no. 162 measuring 33.8 square metres;\n- cell no. 337 measuring 18.7 square metres;\n- cell no. 372 measuring 18.7 square metres;\n- cell no. 402 measuring 10.5 square metres;\n- cell no. 393 measuring 10.5 square metres;\n- cell no. 385 measuring 18.5 square metres;\n- cell no. 316 measuring 18.7 square metres;\n- cell no. 304 measuring 18.5 square metres;\n- cell no. 326 measuring 10.5 square metres;\n- cell no. 332 measuring 10.4 square metres;\n- cell no. 330 measuring 10.4 square metres.", "22. The Government did not specify the actual number of sleeping places in the cells in question and/or the number of inmates who had shared the cells with the applicant, referring to the fact that the detention facility’s logbooks had been destroyed.", "23. The Government provided a number of documents dated 30 April 2009 and signed by the governor of detention facility no. IZ-61/3, which stated in particular that: (a) the number of inmates kept together with the applicant in the fifteen cells of Novocherkassk detention facility had not exceeded the number of sleeping places available; (b) on 1 December 2005 an additional new building to accommodate 500 inmates had been opened; (c) there had been no rodents or insects in the facility and the cells had been regularly cleaned and disinfested; (d) each of the fifteen cells had been equipped with lavatories which were separated from the living areas and sinks; and (e) detainees had been provided with good-quality food pursuant to internal regulations.", "24. The Government provided three handwritten undated statements from IZ-61/3 officials who stated that they “certainly remembered” that the applicant had been kept in fifteen cells at the facility. In their statements, the officials listed the numbers of the cells and confirmed that he had been provided with an individual sleeping place in each of those cells.\n(b) Ryazan detention facility no. IZ-62/1 (SIZO-1)", "25. Between 7 June and 9 July 2005 the applicant was kept in Ryazan detention facility no. IZ-62/1.\n(i) The applicant’s account", "26. In the applicant’s submission, he was kept in a transit cell measuring 49 square metres, which was designed for twenty-two detainees. Instead, during the relevant period, the cell housed no fewer than forty-two people, who had to sleep in shifts. The applicant suffered from a lack of food and found the food which he was given to be of poor quality. He also sustained numerous painful insect bites which left marks on his body.\n(ii) The Government’s account", "27. According to the Government, the applicant was kept in cell no. 32 (measuring 49 square metres), cell no. 46 (measuring 56 square metres) and cell no. 56 (measuring 32 square metres). The number of sleeping places and/or inmates who had been kept in the cells with the applicant was unknown, as the facility’s logbooks had been destroyed.", "28. The Government provided documents dated 4 May 2009 which had been signed by the deputy governor of IZ-62/1 and which stated that: (a) cell no. 32 had been equipped with a sink; (b) during the applicant’s detention, a private contractor had regularly carried out disinfestation procedures at the detention facility pursuant to a contract which had been concluded on 9 January 2008; and (c) detainees had been provided with three meals a day, pursuant to the relevant regulations. The Government also enclosed a photo of a sink and invoices from the disinfestation contractor which were dated July 2008.\n(c) Yekaterinburg detention facility no. IZ-66/1 (SIZO-1)", "29. Between 20 and 27 July 2005 the applicant was kept in Yekaterinburg detention facility no. IZ-66/1.\n(i) The applicant’s account", "30. According to the applicant, he was placed in a cell measuring 25 square metres, together with twenty-three other inmates. No bedding was supplied. The cell was infested with insects. After some days there, he was moved to another cell measuring 22.5 square metres, which housed thirty‑five people. The cell had a row of benches, which were no use for sitting on, let alone sleeping on. No food or drinking water was provided.\n(ii) The Government’s account", "31. In the Government’s submission, the applicant was kept in cell no. 137 (measuring 12.5 square metres), cell no. 302 (measuring 31.4 square metres), cell no. 307 (measuring 29.2 square metres) and cell no. 404 (measuring 15.2 square metres). In each cell, he was provided with an individual sleeping place and bedding. The number of inmates who were kept in the cells with the applicant was unknown, as was the number of sleeping places which were available, as the logbooks had been destroyed.", "32. The Government provided documents dated 5 May 2009 and signed by the governor of IZ-66/1 confirming that the applicant had been detained in the facility between 20 and 27 July 2005. There had been no rodents or insects in the cell during this period, and the cell had been equipped with sanitary facilities. The applicant had been provided with access to a shower upon his arrival at the facility and had been provided with food, pursuant to the relevant regulations. The cell had been equipped with sixteen sleeping spaces and had housed four to sixteen inmates. The Government also enclosed contracts for disinfestation services, as well as relevant invoices.", "33. Another document dated 5 May 2009 and signed by the head of the Sverdlovsk regional department of the Federal Prison Service (“the Sverdlovsk FSIN”) stated that, between 20 and 27 July 2005, the applicant had been kept in cell no. 307 at IZ‑66/1. According to the document, this cell measured 29.2 square metres and was equipped with twenty sleeping places, and the applicant had shared it with four to sixteen other inmates.", "34. The applicant made a complaint to various public authorities, including the prosecutor’s office and courts, in relation to the alleged lack of adequate medical assistance and the conditions of detention in the IVS (see paragraphs 6 to 15 above). In particular, he alleged that he had sustained a post-traumatic brain injury, contracted tuberculosis and become ill with gastritis, astigmatism, alimentary anaemia and muscular hypotrophy while in detention.", "35. As regards his complaint to the prosecutor’s office it appears that on 5 November 2005 the Morozovskiy district prosecutor’s office refused to initiate criminal proceedings regarding the alleged poor conditions of the applicant’s detention in the IVS. The applicant was not provided with a copy of that decision. A further refusal was issued on 16 February 2006. However, the prosecutor found that the applicant’s allegations concerning the conditions of detention in the IVS “had been confirmed in part”, but that such conditions did not constitute a crime under the Criminal Code. He also indicated that the head of the police station had been instructed to remedy the irregularities which had been identified. The applicant was not given access to the prosecutor’s inquiry file.", "36. On 20 March 2007 the Morozovskiy District Court of the Rostov Region upheld the prosecutor’s decision. On 28 August 2007 the Rostov Regional Court upheld the first-instance judgment.", "37. As regards other court proceedings, in 2007 the applicant initiated civil proceedings, claiming compensation for the non‑pecuniary damage caused by the conditions of detention in the IVS and the lack of adequate medical assistance rendered to him in that facility. On three occasions – on 26 November and 26 December 2007, and on 11 January 2008 – the Morozovskiy District Court invited the applicant to eliminate discrepancies in his statements of claim. The applicant did not comply with the court’s requests, neither did he appeal against the court’s rulings. The Morozovskiy District Court left the claims unexamined." ]

[ "13", "3" ]

[]

[]

[ "5. The applicant was born in 1969 and is serving a life sentence in Varna Prison.", "6. The facts of the case may be summarised as follows.", "7. On 10 November 1989 the applicant was convicted and sentenced to death. The Supreme Court confirmed this sentence on 15 January 1990. The applicant was placed in Pleven Prison and was not executed because a presidential moratorium on the execution of death sentences was introduced in the meantime.", "8. After the death penalty was abolished in Bulgaria, the Vice-President commuted the applicant’s sentence to life imprisonment on 21 January 1999. On 7 June 1999 the authorities placed the applicant under a “special regime” to serve his sentence, and on 11 June 1999 they transferred him to Varna Prison, where he remained until June 2004. Between June 2004 and June 2007 the applicant was detained in Pleven Prison, and on 27 June 2007 he was transferred again to Varna Prison, where he was at the time the most recent information was submitted to the Court, in late 2013.", "9. At times he shared his cell with other life prisoners who were serving their sentences under the “special regime”.", "10. According to the applicant, throughout the entire period of his detention he has been held in cells not equipped with sanitary facilities, and has only been allowed to go to the toilet three times a day. During the rest of the time he has had to relieve himself in his cell in a bucket which he could wash out once a day. The prison authorities have not provided him with chemicals for disinfecting the bucket.", "11. He has been permanently locked in his cell.", "12. According to the Government, between 2004 and 2007 in Pleven Prison the applicant was placed in a cell which was only locked at night. This allowed him unlimited access to the toilet, situated in the wing’s corridor, between 5.30 a.m. and 8 p.m. Furthermore, toilets and sinks with running water were installed in all cells in Pleven Prison in 2008.", "13. In Varna Prison the applicant was allowed to go to the lavatory more than three times a day. In particular, he had access to sanitary facilities and hot water also when he was taken out of his cell for his hour’s exercise in the open air. Without specifying further, the Government also stated that this was also the case when he took part in the weekly prison activities. A toilet and a sink with running water were installed in his cell in August 2012.", "14. Between 7 June 1999 and 6 December 2005 the applicant was held under the most restrictive “special regime”. Under this regime prisoners were locked permanently in their cells, and could only communicate with other life inmates and not with the general prison population. In December 2005 a Commission for the Execution of Sentences changed the applicant’s regime to the lighter “enhanced regime” which became called the “severe regime” with the adoption of the Execution of Punishments and Pre-Trial Detention Act in June 2009. He was able to take part in religious discussions for up to an hour a week and to play table tennis for half an hour up to twice a week.", "15. The Government submitted annual psychological assessments of Mr Radev in respect of 2009, 2010, 2012 and 2013. According to those assessments, the applicant demonstrated anti-social behaviour and periodically engaged in conflict with other inmates, whom he also incited to go on hunger strike as a means of pressuring the prison authorities into taking decisions favourable to them. According to the Government, the applicant had been disciplined twenty-six times for breaching the internal rules, and had only received four good-conduct awards. On six occasions he was punished for keeping an unauthorised mobile telephone and/or charger and SIM cards for it in his cell; once for keeping an item which could be used to make a hand-knife; and another time for keeping a small foldable hand-knife. On two occasions the punishments were for violent altercations with other life prisoners. One of those occasions was described by the prison authorities as “not having escalated to the level of lasting tension, but rather being a momentary emotional outburst not uncommon for both the inmates involved”. In the other incident, the physical engagement had been preceded by verbal arguments on the part of both prisoners, and the prison guards rapidly managed to separate the inmates and defuse the tension. When the applicant considered a situation was detrimental to him, he usually threatened legal action, and sometimes attempted self-harm or suicide as a means of “persuading” the prison authorities. He was emotionally unstable and had a tendency to contest the decisions of the prison authorities. Because of all this the prison authorities were not considering a change in the applicant’s prison regime.", "16. After the Government had submitted their observations to the Court, the applicant complained that he was serving his sentence in inadequate material conditions. In particular, there was insufficient fresh air and lighting in his cell, which itself was dilapidated and infested with cockroaches, and it was impossible for him to maintain personal hygiene as he had no access to hygienic or cleaning products. He was permanently handcuffed when outside his cell, the food was rather poor, and so was the medical care provided to him in prison. Lastly, no work had been offered him, nor did he have any meaningful occupational activities.", "17. Between 2007 and 2011 the applicant brought several claims for damages under the State and Municipalities’ Responsibility for Damage Act 1988 (“the SMRDA”) in connection with various aspects of his conditions of detention. The Supreme Administrative Court rejected all of them as inadmissible, finding in particular either that the prison authorities had not acted unlawfully or that the applicant had not established that he had suffered as a result of those conditions." ]

[ "3" ]

[ 7, 9, 10, 11 ]

[]

[ "5. All the applicants were employed by RTB Bor – grupa Industrija za preradu Majdanpek, a socially-owned company based in Majdanpek (hereinafter “the debtor”).", "6. Since the debtor had failed to fulfil its obligations toward its employees, the applicants brought numerous separate civil suits, seeking payment of salary arrears and various social security contributions.", "7. The applicants obtained final court judgments ordering the debtor to pay them certain sums. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.", "8. Following a period during which the enforcement proceedings had been suspended, between June and August 2011 the final court judgments in question were all fully enforced in respect of the applicants.", "9. Since October 2011, the debtor is a company predominantly comprised of State or socially owned capital and is still in the process of being restructured." ]

[ "6" ]

[]

[]

[ "5. The applicants were born in 1974 and 1979 respectively and are serving whole life sentences in Burgas Prison.", "6. The facts of the case can be summarised as follows.", "7. In November 2001 both applicants were arrested on suspicion of murder and were remanded in custody. In September 2002 they were transferred to Burgas Prison. In December 2004 the trial court, Burgas Regional Court, found them guilty of murder resulting from terrorist activity and sentenced them to whole life imprisonment, to be served initially under the “special regime”. In April 2006 the appellate court, Burgas Court of Appeal, upheld that sentence which was further upheld by the Supreme Court of Cassation in a final judgment of 16 January 2008.", "8. The applicants have been serving their sentences under the “special regime” in Burgas Prison, in permanently locked individual cells measuring 1.5 by 3 metres, under heightened security supervision. Both applicants have been allowed out of their cells for between one and two hours a day to take exercise in the open, which they have been spending walking in the prison courtyard.", "9. The parties diverge in respect of the material conditions in which the applicants have been kept.", "10. According to the applicants, the daylight in the cells has been scant and a light bulb attached to the ceiling has been on 24 hours a day. There is so little unencumbered space in the cell that the applicants are forced to spend most of the day either lying or sitting on their beds. There are no toilets in their cells and, since the beginning of 2008, the prison authorities have allowed them to use the common sanitary facilities three times a day. The rest of the time they use a bucket to satisfy their physiological needs. Hygiene is rather poor: the prison premises, including the canteen and kitchen, are infested with cockroaches and rats. The food is of inadequate quality and insufficient quantity. The medical service in the prison lacks even the most basic medical supplies. Mr Dimitrov caught psoriasis in prison and because of the absence of adequate treatment his condition has deteriorated into psoriatic arthritis.", "11. According to the Government, the applicants’ cells are equipped with toilets and the light is sufficient for them to read and write. In addition, the prison premises are cleaned every day and a thorough cleaning is carried out weekly by a specially designated individual. The authorities employ the services of an external company which regularly cleans and disinfects all prison areas. The prison director supervises the quality and quantity of the food offered to the inmates who receive meat dishes six times a week and a vegetarian dish once a week. The prisoners have access to a bathroom with hot running water six times a day. Sometimes they spend up to two hours a day in the open. They can visit the prison library, the prison chapel, as well as take part in – unspecified – group activities. Mr Ribov has tended to participate in them happily, while Mr Dimitrov has refused to do so without giving any reason for that." ]

[ "13", "3" ]

[]

[]

[ "4. The applicant was born in 1970 and is serving a sentence in Batman prison.", "5. In April 2000 the applicant was taken into police custody on suspicion of being a member of Hizbullah, an illegal organisation. He claimed to have been arrested on 4 April 2000, whereas according to the arrest report he was taken into custody on 7 April 2000. His first medical examination upon his arrest was, however, carried out on 6 April 2000.", "6. The examination was carried out by a doctor at the request of the police. According to the medical report issued in respect of the applicant, it was conducted prior to his detention in police custody. The report stated that there was old scar tissue measuring 3 cm on his upper right wrist. The doctor also noted that there were no signs of violence on the applicant’s body.", "7. On 9 April 2000 a second medical report was drafted, according to which the scar tissue mentioned in the medical report of 6 April 2000 was 2.5 cm long.", "8. On 10 April 2000 the applicant was questioned by the police without a lawyer being present. According to the document containing his statements to the police, he acknowledged being a member of Hizbullah.", "9. On 11 April 2000, at the end of his detention in police custody, the applicant was once again examined by a doctor. According to the report, there were no signs of violence on his body.", "10. On the same date the applicant was brought before the public prosecutor and, subsequently, a judge, who questioned him and recorded his statements. On both occasions he denied the veracity of his statements to the police, claiming that he had signed them under duress. The judge remanded him in custody.", "11. On 3 May 2000 the public prosecutor at the Diyarbakır State Security Court filed an indictment against the applicant and a number of other individuals. They were charged with being members of Hizbullah under Article 168 of the former Criminal Code.", "12. On 27 June 2000 the Diyarbakır State Security Court held the first hearing on the merits of the case, at which the applicant gave evidence. He maintained, inter alia, that while in police custody, he had been beaten and given electric shocks to his genitals. He also told the court that he had been taken into police custody on 6 April 2000.", "13. On 2 July 2001 the applicant once again maintained before the first‑instance court that his statements to the police had been obtained under torture.", "14. In 2004 State Security Courts were abolished. The case against the applicant was transferred to the Diyarbakır Assize Court.", "15. On 11 October 2004 the applicant was released pending trial.", "16. On 25 October 2005 the case against the applicant and his co‑accused was joined with another case brought against a number of other people charged with being members of Hizbullah.", "17. Between 11 October 2004 and 13 February 2008 the applicant did not attend court, although during this period his lawyers attended some hearings on his behalf.", "18. On 13 February 2008, during the final hearing in the case, the applicant’s lawyer contended that the court should not base its judgment on the applicant’s statements to the police, as they had been made under duress.", "19. On the same day the Diyarbakır Assize Court convicted the applicant of being a member of an illegal organisation and sentenced him to ten years’ imprisonment. The court noted that he had alleged that he had been tortured in police custody. It nevertheless based its judgment on the statements the applicant and a number of the other accused had made to the police, and documents found in the applicant’s house at the time of his arrest.", "20. On 24 June 2009 the applicant’s lawyer lodged an appeal against the judgment of 13 February 2008, which did not refer to any of the applicant’s allegations of ill-treatment while in police custody.", "21. On 30 September 2009 the Court of Cassation upheld the judgment.", "22. On 1 December 2009 the applicant began serving his sentence.", "23. On 25 October 2010 he filed a petition with the Batman public prosecutor’s office, requesting that an investigation be initiated into his ill‑treatment while in police custody in April 2000.", "24. On 1 December 2010 the applicant gave statements to the Batman public prosecutor. He maintained that he had not been taken into police custody on 6 April but on 4 April 2000, and that he had been subjected to torture while detained. He requested that both the police officers on duty at the relevant time and the doctors who had issued the medical reports be prosecuted.", "25. On an unspecified date the Batman public prosecutor requested the Diyarbakır branch of the Forensic Medical Institute to examine the applicant and provide an opinion as to whether his allegations of torture were well‑founded.", "26. On 2 December 2010 a doctor from the Diyarbakır branch of the Forensic Medical Institute conducted the examination. The applicant told the medical expert that he had been hung by his wrists in police custody, and that they had been bruised at the material time. The doctor drafted a detailed report comparing the results of the three medical reports issued in April 2000 and containing his opinion. He considered that the term “old scar tissue” should not have been used in the reports issued in 2000, since such scars did not fade for a long time. In this connection, the doctor noted that he could not see any such scar when he examined the applicant in 2010. In sum, the doctor considered that had the scar observed during the medical examinations in 2000 been an “old scar”, it would still have been observed during the examination of 2010. He also noted that the reports issued in April 2000 had not described the type, colour or any other features of the scar. Lastly, he recommended that the applicant undergo an examination at the Forensic Medical Institute in Istanbul with a view to establishing whether he had been suffering any psychiatric problems as a result of the alleged torture.", "27. On 28 November 2011 the Batman public prosecutor decided not to prosecute the officers on duty at the Batman police station at the relevant time or the three doctors who had issued the medical reports on 6, 9 and 11 April 2000. The public prosecutor noted that the statutory time-limit provided in Article 102 of the former Criminal Code (which had been in force in 2000 for prosecutions for torture) was ten years, and that the applicant had lodged his complaint after this time-limit had expired. It was accordingly concluded that the investigation was time‑barred.", "28. On 19 December 2011 the applicant objected to that decision.", "29. On 23 January 2012 the Midyat Assize Court dismissed his objection and the decision was upheld.", "30. On 8 January 2001, while the applicant was in custody, his hip was broken while he was playing volleyball. He had surgery twice.", "31. In medical reports dated 16 April, 24 May and 26 September 2002, doctors from the Dicle University Faculty of Medicine concluded that for him to make a full recovery, he would need to have a hip replacement.", "32. On 23 December 2002 and 13 January 2003 the applicant filed petitions with the Batman public prosecutor, requesting immediate surgery and complaining of a delay in treatment.", "33. On 6 February 2003 the applicant’s father submitted another petition to the Ministry of Justice requesting immediate intervention.", "34. A prosthetic hip was implanted after four consecutive operations carried out on unspecified dates in 2003 or 2004. On 22 October 2004 the applicant was declared unfit for military service because of the prosthesis." ]

[ "3", "6" ]

[ 6, 8, 9, 14, 23 ]

[]

[ "6. The applicants, Mr. Mehmet Özel, Mr Ali Kılıç, Mr İsmail Erdoğan, Mr Salim Çakır, Mrs Betül Akan, Mrs Menekşe Kılıç, Mrs Güher Erdoğan and Mrs Şehriban Yüce (Ergüden), were born in 1974, 1955, 1938, 1954, 1960, 1956, 1927 and 1966 respectively.", "7. The Çınarcık Municipal Council, meeting in October 1994, adopted a decision increasing to six storeys the authorised height of the blocks covered by the building permits which had been issued to property developers for the construction of apartment blocks in Kocadere, on allotment 987, plot 1, and allotment 1257, plot 1. Pages 7 and 8 of the minutes of that meeting, recording the Municipal Council’s discussions, comprise the following exchange:\n“H.D.: ... at the Municipal Council meeting of 17.10.1994 [the height of buildings in] the restricted zone was raised to six storeys in Kocadere, where, on the worksite belonging to K.P., [the blocks were already] six storeys high. [During] the on-site visit it was noted that there were two more six-storey buildings in Kocadere. I think the decision we took at the time was insufficient. I am therefore requesting a modification of the restricted zone for sites comprising six-storey blocks of flats...\nThe Mayor: ... As I said at the 17.10.1994 meeting, our friend here is proposing legalising the six-storey buildings which have been completed, without bothering about the mistakes made in the past... I repeat what I said at the June meeting: let us correct, rather than mull over, our past mistakes. I acknowledge that mistakes have been made. But from now onwards no one will be able to add an extra storey, we will not allow it. And it was not us that made the mistake. That was already the situation when we arrived [in the municipality]. N.P.: Mr Mayor, three persons have built six-storey blocks in Kocadere. What a cheek! And we subsidise these builders.. V.G. has built six-storey blocks on the site ... Who was asked for authorisation? ... I don’t have to clean up his mess! In June we decided that he should coat [the buildings] in concrete. He should just bury them... the municipality should revise the plans for the whole Kocadere region and authorise six storeys ... Y.B.: The new Municipal Council has been in place for seven months now. Have we visited the site where K.P.’s and V.G.’s buildings stand to record our findings and impose a fine? What exactly have we done so far?\nThe Mayor: They are standing trial. As things stand [their buildings] are not lawful. They have put up five- to six-storey buildings, which is against the law... We at no stage authorised their construction. There are two or three blocks. Either we authorise the six storeys or they will have to be demolished... If you ask me, I think that action should have been taken earlier on this situation ... we should now just leave this mess alone and issue a decision authorising the six storeys, thus correcting the mistake. After which we will not allow any more such buildings... Y.B.: Mr Mayor, you did not answer my questions. What has been done about these blocks over the last seven months?\nThe Mayor: As I say, the builders are being prosecuted. Representatives of the housing department have inspected the site and the municipality has fined certain persons. Furthermore, we will not issue permits [for] these buildings before ... having imposed fines of two or three million Turkish lire ...\n... M.P: Mr Mayor, the fine you mentioned is the second stage in proceedings. I would remind you that the first stage, [relating to] your responsibility as Mayor, is to implement section 32 of the Urban Planning Act (Law No. 3194). Pursuant to that legislative provision, apart from [cases of] constructions which are exempt from the permit requirement, where the authorities have determined that construction work has begun without a permit or the work is incompatible with the permit and its appendices, the Municipality or the Office of the Governor must immediately visit the site and work must stop forthwith. You have been in office for six months now: have you, or have you not, honoured that obligation?\nThe Mayor: ... I repeat that I did not authorise the buildings in question... They had already been finished and roofed when I took up my duties.\n...”", "8. On 8 and 12 June 1995 a Çınarcık resident complained to the Directorate General for Research and Implementation of the Ministry of Housing and Public Works about the alleged unlawfulness of the buildings constructed in the Çınarcık municipality by the V.G. company.", "9. The Çınarcık Municipal Council held a meeting on 13 October 1995, during which the Municipal Head of Technical Services informed the councillors of the criteria for amending the municipal urban planning scheme. The minutes of the deliberations of the Municipal Council read as follows:\n“The Municipal Head of Technical Services: Mr Mayor, I would like to remind you of the provisions of the urban planning scheme on the addition of extra storeys to buildings for which permits have been issued. According to these provisions, two conditions must be met for such work: the first relates to the width of the street, and the second concerns technical and social infrastructure. I would just inform the Council that neither of these conditions is fulfilled in the applications submitted for adding storeys to the buildings.\n...\nFailure to comply with the conditions laid down in the regulations carries a criminal penalty ... The decision is yours ...”\nFollowing these discussions, the Municipal Council accepted several applications for amendments to the municipal urban planning scheme.", "10. On 4 October 1996 the Ministry of Housing and Public Works (the “Housing Ministry”) invited the Office of the Governor of Yalova to order the municipality in question to take the requisite legal action on the buildings constructed in breach of urban planning regulations, to monitor the action taken by that municipality and to keep the Çınarcık resident who had complained to the aforementioned directorate informed of the situation.", "11. On 7 October 1996 the Municipal Council agreed that the number of storeys authorised for the buildings already constructed could be increased from five to six.", "12. On 30 May 1997 the Housing Ministry invited the Governor of Yalova to adopt the urgent measures set out in sections 32 and 42 of the Urban Planning Act (see Relevant Domestic Law, paragraph 134 below) in respect of the buildings and the real estate developers at issue.", "13. On 18 August 1997 the Office of the Governor of Yalova informed the Housing Ministry that despite the transmission of the latter’s orders to the municipality in question, the latter had failed to take any action.", "14. By letter of 15 September 1997 the Housing Ministry invited the Office of the Governor of Yalova to issue the municipality with a final warning on the need to comply with its orders, failing which action would be taken against all persons failing to comply with their obligations under the Urban Planning Act.", "15. On 15 October 1998 the Housing Ministry reminded the Office of the Governor of Yalova that section 32 of the Urban Planning Action prohibited amendments to urban planning schemes geared to legalising buildings which failed to comply with their building permits, and in fact required the authorities to correct any incompatibility with those permits.", "16. During the night of 17 August 1999 the Izmit region, located on the coast of the Marmara Sea, was hit by an earthquake of a magnitude of 7.4 on the Richter scale. The earthquake was one of the deadliest to hit Turkey in recent years. According to official statistics, it killed 17,480 persons and injured 43,953[1].", "17. Seventeen buildings were destroyed in the municipality of Çınarcık, ten of them in the so-called Çamlık sitesi[2] and Kocadere sitesi[3] estates. On those estates 195 persons lost their lives and hundreds of others were injured as their dwellings collapsed.", "18. Seher Özel, the mother of Mrs Akan and Mr Özel, Mehmet and Şadiye Yüce, the parents of Mrs Yüce (Ergüden), Hasan Kılıç, the son of Mr and Mrs Kılıç, Kazim Erdoğan, the son of Mr and Mrs Erdoğan, and Can Çakır, the son of Mr Çakır, were buried under the rubble of the blocks of flats in Çınarcık, where they had been when the earthquake struck. Mr Çakır was himself trapped beneath the rubble for about ten hours. Mrs Yüce (Ergüden) was injured, and personally rescued her daughter from the debris. Mrs Akan had also been trapped under the rubble for several hours.", "19. According to a medical report of 18 August 1999 drawn up by a doctor working at the Bursa hospital, Mr Çakır had been placed under observation: he had suffered burns to various parts of his body and display whole-body trauma and respiratory problems.", "20. On 24 August 1999 the Yalova public prosecutor visited Çınarcık together with technical experts and officers from the Directorate of Security. On the same day official inspection reports were drawn up on the Çamlık estate, covering allotment 1648/15-1, plot 7, sections C, D and E, allotment 1649/15-1, plot 3, and allotment 1927/15-1, plot 1, section E. It transpires from these reports that the experts took samples from the buildings which had been destroyed or affected by the earthquake and noted, in particular, that the concrete contained mussel shells, that the material used for the construction had been sea-sand based and that as a result the cement had lost its binding capacity.", "21. On 25 August 1999 the Yalova public prosecutor and a group of technical experts visited the Kocadere estate. On the same day they drew up official reports on allotment 1258/3-2, plot 1, allotment 1256/3‑2, plot 5, section D, and allotment 1257/3-2, plot 1. It transpires from these reports that the experts took samples from the buildings which had been destroyed or affected by the earthquake and noted, in particular, that the concrete contained mussel shells, that the concrete displayed a very poor granulometry, that the concrete had not been cured, that the metal brackets in the buildings had not been properly fastened to the columns, and that because of the corrosion of the brackets the iron had worked loose from the concrete.", "22. Moreover, on 13 September 1999 Mrs Akan had requested that the Yalova Regional Court determine, on the basis of the evidence gathered, the causes of the collapse of building D2 on allotment 1649-15/1, plot 3, in the Çamlık estate, under whose rubble her mother had died, and establish the relevant responsibilities. An expert opinion was commissioned to that end on the same day.", "23. On 13 October 1999 the expert opinion commissioned set out the following findings:\n“...\n(d) Defects noted upon examination of the collapsed building, the rubble and the construction blueprint. 1. The height of the building was increased by 2.80 m by raising the basement above ground level, thus transforming it into the ground floor. 2. The foundations of the building were raised to soft ground (topsoil) level, which had low stability in terms of ground safety stress; the stability calculations ... were at no point revised. 3. The overall weight of the building was increased by the addition of an extra storey as compared with the number of storeys set out in the blueprint... 4. Neither the basement included on the plan, whose existence would have greatly increased earthquake resistance, nor the reinforced concrete retaining walls, which, according to the plans, were to have surrounded the basement, were ever built. 5. The mussel shells found in the pieces of concrete in the rubble showed that the sea sand and gravel had been used without sifting or sorting, which had been a major factor in diminishing the concrete’s resistance. 6. It was noted that the reinforcing rods inside the concrete had rusted, suggesting that sea sand and gravel had been used unwashed and that the sea salt had corroded the metal. 7. The broken beams found in the rubble showed that the 20-cm distances between the brackets had not been respected, and in some places the interstices measured 30 cm... 8. ... The stress testing carried out on the samples showed that their stress resistance was only half what it should have been.\nIn conclusion: ... The building was constructed without any kind of technical control; another storey in addition to the number of storeys mentioned in the blueprint was added at the owner’s request in order to increase the number of housing and commercial units. Furthermore, the fact that the municipality failed to stop the building work raises issues. It is therefore necessary to ascertain whether a permit was issued for the building’s shallow foundations, which were, in fact, incompatible with the blueprint as from the first storey. If such a permit was issued, it is necessary to identify the persons working for the municipality who approved that permit and whether or not an occupancy permit was granted by the Çınarcık municipality. If so, it is necessary to establish the identities of the signatories of that occupancy permit. It is possible that other blocks have been built without inspection by the Çınarcık municipality. The photographs taken show buildings with seven storeys above ground level and others with two storeys. It is therefore necessary to establish the reasons for this architectural disparity and the regulations applied to the construction.”", "24. On 6 September 1999 the Yalova public prosecutor took statements by V.G., the real estate developer responsible for buildings which collapsed in Çınarcık. V.G. stated that he had been working in the real estate field for nine years and that he had constructed numerous buildings with his partnership, the company V.G., and with the company G. Arsa. He agreed to shoulder responsibility for the shortcomings in the buildings which he had erected himself, but not for the defects relating to other buildings in which individuals had died during the earthquake and which he had merely sold. He also submitted that the buildings located on allotment 1927/15-1, plot 1, section D, allotment 1649/15-1, section C, and allotment 1649/15-1, plot 3, section D, had been constructed by İ.K. and Z.C. He did not know who had constructed the buildings in the Çamlık estate which had collapsed. He added that he was neither a construction engineer nor an architect, and that was why he called on the services of persons with expert knowledge of these fields, who should, in his view, be held responsible.", "25. V.G. was remanded in custody the same day.", "26. On 14 September 1999 the Yalova public prosecutor charged five individuals: the partners in the company V.G. Arsa Ofisi, to wit V.G., C.G. and Z.C., and also the company’s scientific officers, to wit D.B. and İ.K. They were charged with having caused, through negligence and recklessness, the deaths of 166 persons, buried under the rubble of three buildings which they had constructed in breach of the relevant norms. It transpired from the indictment that several site sections – section E on allotment 1927, sections C and D on allotment 1649, and sections A, C, D and E on allotment 1648 – had been built in Çınarcık, on Çamlık square, and that three buildings, which had totally collapsed, had been erected in the Kocadere estate, on Hanburnu square, on allotments 1256 and 1258. It also transpired from the indictment that the experts who had taken samples from the collapsed buildings had, in particular, found as follows: in the buildings in question, the iron brackets had not been tightened at the interstice between the beams and the columns; mussel shells had been found in the concrete, resulting in low resistance owing to the use of sea sand and sea gravel; the distance between the columns and the beam brackets was 40 cm in places; and there was insufficient iron in some of the columns.", "27. Criminal proceedings were commenced before the Yalova Criminal Court.", "28. In September 1999 İ.K., D.B. and C.G. were remanded in custody in absentia by the Yalova Criminal Court.", "29. On 30 September 1999 Z.C. was remanded in custody.", "30. On 6 October 1999 the Yalova public prosecutor wrote to the General Directorate of Criminal Affairs of the Ministry of Justice to inform it of the following facts: a large number of articles had been published in the local and national press about V.G.; given the very large number of deaths involved, the trial would be attended by many journalists and also numerous relatives of the victims; there was likely to be a very tense atmosphere during the hearings; Yalova prison had been closed following the earthquake and the prisoners were therefore housed in the Bursa prison; the courtroom would be too small for the number of persons attending proceedings; there were credible risks of the accused being abducted or murdered; and any preventive measures which the security forces would be able to put in place would be insufficient, such that it would be better to transfer the case to a different court.", "31. On 14 October 1999 the General Directorate of Criminal Affairs of the Ministry of Justice invited the State Prosecutor with the Court of Cassation to transfer the case from the Yalova Criminal Court to a different criminal court pursuant to Article 14 in fine of the Code of Criminal Procedure, in order to guarantee public security during the proceedings.", "32. On 15 October 1999, before the start of proceedings before the Yalova Criminal Court, the Court of Cassation, to whom the matter had been referred, decided to transfer the case to the Konya Criminal Court[4] for reasons of security during the proceedings and of the accused’s safety.", "33. On 19 October 1999, therefore, the Yalova Criminal Court transferred the case file to Konya Criminal Court.", "34. On 20 October 1999 Mr Çakır applied to join the proceedings as a third party. On the same day Mrs Akan and Mr Özel also applied to join the proceedings as third parties, and declared that they reserved their rights as potential civil parties.", "35. On 29 October 1999 Mr and Mrs Erdoğan and Mr and Mrs Kılıç lodged similar applications, and Mr Çakır reiterated his request.", "36. On 20 November 1999 Mr Çakır forwarded a memorial requesting the criminal conviction of V.G. and his partners and stating that he reserved his rights vis-à-vis claiming compensation for the pecuniary and non‑pecuniary damage which he considered he had sustained.", "37. On 29 November 1999, after the case had been transferred to the Konya Criminal Court, Mr Çakır once again applied to take part in proceedings as a third party, and declared that he reserved his rights as potential civil party to proceedings. Mrs Yüce (Ergüden) also applied to take part in the criminal proceedings as a third party. Similarly, counsel for Mrs Akan and Mr Özel submitted a third-party application on behalf of each of her clients.", "38. On 29 December 1999 Mr and Mrs Erdoğan applied to participate in proceedings, reserving their rights as potential civil parties. They submitted that they had sustained serious mental suffering and also pecuniary damage as a result of the loss of their son. Mr and Mrs Kılıç also lodged a third‑party application. Mr Çakır was heard as a victim, and he gave evidence against the accused. Counsel for Mr Çakır requested the admission of his client’s application to take part in proceedings. At the conclusion of the hearing held on the same day, the Konya Criminal Court admitted that third‑party application.", "39. On 28 January 2000 the Konya Criminal Court examined Mr and Mrs Erdoğan’s third-party application, and noted that their son’s name was not on the list of deceased victims set out in the indictment. The court therefore requested submissions from those two applicants, including fresh information on the deceased persons. In a memorial of the same day, Mr and Mrs Erdoğan requested that charges be pressed against the officials allegedly responsible for the impugned acts.", "40. During the hearing of 21 February 2000 the Konya Criminal Court questioned the victims, the accused and their lawyers. Mr Çakır was examined in his capacity as a third party, and he requested the conviction of the accused and the commencement of proceedings the municipal officials in question.", "41. According to the official record of the hearing held on 20 March 2000, Mrs Akan, Mrs Yüce (Ergüden) and Mr Çakır had been examined as third parties: Mrs Akan had demanded the conviction of the accused and also requested that charges be brought against the official in question in the framework of those proceedings; and counsel for Mr Çakır had also demanded the conviction of those officials. At the conclusion of the hearing, the State Prosecutor was asked for information on the measures adopted by his Office regarding the provincial officials, as well as those working in the Çınarcık municipality and the Housing Ministry. Furthermore, V.G. and Z.C. were released on parole.", "42. On 21 April 2000 Mr Çakır once again requested the prosecution of the Mayor of Çınarcık and of the municipal Head of Technical Services and Architecture. Mr and Mrs Kılıç were granted third-party status in the proceedings.", "43. On 30 June 2000 Mr Erdoğan was granted third-party status in the proceedings. Mr Çakır was heard as a third party, and he requested an additional indictment in order to involve in the proceedings the municipal officials who had authorised the construction of the buildings which had collapsed. Counsel for Mrs Akan reiterated a request previously submitted for provisional measures covering all of V.G.’s assets.", "44. On 22 September 2000, during the proceedings, the Yalova public prosecutor once again charged the five accused persons with having caused the deaths of several other persons through negligence and recklessness.", "45. On 12 October 2000 three experts from the Istanbul Technical University prepared a report on their inspection of ten buildings which had collapsed, seven of them in the Çamlık estate and three in the Kocadere estate.\nThe conclusions of this expert report read as follows:\n“Tectonics and seismic activity in the region between Çınarcık et Yalova\n... This region is one of the most dangerous in seismic terms, which is why it has been marked out as a major hazard area on the map of Turkish seismic regions.\nImpact of the Izmit earthquake of 17 August 1999 on the region between Çınarcık and Yalova\nThe 17 August 1999 earthquake, which was of a magnitude of 7.4 on the Richter scale and whose epicentre was at Izmit, created a 120-km-long superficial fault from Gölcük to Akyazı ... The fault segment was interrupted at a distance of 50 km from Çınarcık ... The primary causes of the destruction were the nature of the soil and the quality of the construction methods.\nConclusions\nThe coastal zone between Çınarcık and Yalova is an extremely dangerous region in seismic terms ... The Çamlık estate, which collapsed, had been built on an active rockslide area and on particularly soft soil. In such a high seismic risk region there can be no valid reasons for issuing building permits for six- or seven-storey buildings on such soft soil. Moreover, the fact that six-storey building located 300 m away in the Çamlık estate which had been erected on soil with similar characteristics were not damaged and that people are still living in them support the hypothesis that the buildings in the Çamlık estate had building defects.\n...\nAppraisal of the blueprints and the permits\n...\nAssessment of the blueprints showed the absence of documents attesting that soil studies had been carried out on the land where the buildings were to be constructed...\nExpert reports included in the case file\nThe expert appraisals commissioned by the Yalova public prosecutor ... highlighted the following shared defects:\n– Concrete resistance was unsatisfactory. The granulometric composition of the aggregates used for the concrete was inadequate and the concrete contained mussel shells. It was established that the cement dosage had been insufficient and that the sand had not been properly cleaned.\n– The metal brackets on the load-bearing parts had not been reinforced and the anti-rust fixtures [paspayı] were unsatisfactory... Incipient corrosion on some of the reinforcing rods had weakened their adherence to the concrete.\n– ...\n– The softness of the soil was established.\nEstablishing the responsibility of the accused persons and conclusions\nThe owner and developer of all the impugned buildings [which] collapsed during the 17 August earthquake is the “V.G. Arsa ofisi” partnership. The founding partners of that company are İ.K., Z.C., C.G. ... Assessment of the evidence and documents contained in the case file shows that V.G. was the actual organiser [of the project]... For this reason V.G.’s responsibility is estimated at 2/8.\nThe responsibility of the public authorities which allowed the urban development of the Çamlık and Hanburnu neighbourhoods, authorised the multi-storey buildings there without commissioning the requisite prior geological studies, failed to provide for satisfactory supervision of the projects in the area, failed to request studies of the soil ..., failed to prevent the defective concrete-manufacturing procedures [and] failed to monitor the work of those responsible for the technical applications is estimated at 2/8. C.G.’s responsibility is set at 1.5/16 and Z.C.’s at 1.5/16...\nİ.K.’s responsibility is set at 3/16 on the grounds that he was a partner in the V.G. company, but also because he was responsible for the architectural and structural design of seven buildings and for the relevant technical applications... D.B.’s responsibility is set at 1/8 because he was responsible for the architectural and structural design of three buildings and for the relevant technical applications.\n...”", "46. On 23 October 2000 the Yalova Criminal Court, to which the case had been referred following the indictment of 22 September 2000 (see paragraph 44 above), found that a similar action against the accused was pending and therefore requested the joinder of the two sets of proceedings.", "47. On 22 December 2000 the Konya Criminal Court declined jurisdiction to adjudicate the impugned acts in view of the nature of the offence in question; the case was then referred to the Konya Assize Court.", "48. Between 16 April 2001 and 21 October 2004 the Konya Court Assize held twenty-three hearings.\nAt the hearing on 16 April 2001 the State Prosecutor pointed out that transferring the case to Konya was against the procedural regulations and in breach of the rights of the third parties. He stated that the security grounds advanced for that transfer had lapsed and that the proceedings should therefore have continued in Yalova, where the offence had been committed. The applicants also applied for the setting aside of the transfer order in question, submitting that the security grounds advanced no longer applied. On the same day the Konya Assize Court rejected the application, pointing out that pursuant to the case-law of the Court of Cassation the case had to remain before the court to which it had been transferred even if the grounds for the transfer no longer applied. Counsel for Mr Özel, Mrs Akan, Mr and Mrs Kılıç, and Mr and Mrs Erdoğan presented their case during the hearing.", "49. On 26 April 2001 the Istanbul Criminal Court remanded C.G. in custody.", "50. On 3 May 2001 the Konya Assize Court wrote to the Konya public prosecutor requesting the preparation of a further expert report, complementing that of 12 October 2000, on the ruins of the buildings in question in order to establish whether their mode of construction had been in conformity with the original blueprints and whether the materials used had complied with the usual standards.", "51. On 8 June 2001 Mrs Akan gave evidence. She stated that she had lost her mother during the earthquake and had dug her own child out of the rubble. She also submitted that the accused had not been the only parties criminally responsible for the impugned acts, as various municipal officials and members of the Chamber of Architects responsible for the technical oversight of the constructions in question had also been guilty. Counsel for that applicant stated that he had heard, through unofficial channels, that the decision had been taken to broaden the investigation in order to establish the municipal officials’ responsibility, and he requested information on whether a decision had been taken to prosecute the Mayor of Çınarcık and the official in question. During the 8 June 2001 hearing Mr Çakır also gave evidence as a third party, as did another person, who stated that the Council of State had adopted a decision on 4 October 2000 to the effect that the Mayor of Çınarcık could not be prosecuted (see paragraph 89 below).\nOn the same day V.G. was once again remanded in custody.", "52. On 11 June and 6 July 2001 the Konya Assize Court wrote to the Office of the Governor of Yalova , asking, in particular, whether any action had been taken against the Mayor of Çınarcık and the other officials liable to be held responsible for the consequences of the earthquake.", "53. On 1 August 2001 V.G. and C.G. were released on parole. In a memorial of the same day, Mrs Akan and Mr Özel requested the indictment of the officials whose responsibility had been engaged for the impugned acts. Mr Çakır also submitted a memorial requesting the conviction of the accused and the prosecution, in the framework of the ongoing criminal proceedings, of the Mayor and the Head of Technical Service and Architecture of Çınarcık municipality.", "54. At the hearing on 1 October 2001 Mr Çakır read out the minutes of meetings of the Çınarcık Municipal Council which, in his view, established that the buildings in the zone at issue had been constructed without prior authorisation. He once again submitted that the municipality and the officials had been responsible for what had happened.", "55. On 11 April 2002 the Assize Court noted that the authorisation for a criminal investigation of the Mayor of Çınarcık and other officials (see paragraph 87 below) previously issued by the Interior Ministry had been set aside by the Council of State (see paragraph 89 below) and that the Inspectorate of Administration had adopted an opinion to the effect that there was no need to bring proceedings.", "56. In a memorial of 16 July 2002 Mr Çakır requested the commencement of proceedings against the Mayor of Çınarcık and the Head of Technical Service and Architecture, suggesting that they should be tried in the framework of the criminal proceedings in hand on the ground that they had turned a blind eye to the construction of the impugned buildings.", "57. On 24 July 2002 General Directorate of Local Administration of the Interior Ministry prepared a document for the Assize Court mentioning the following points: (a) the Interior Ministry’s 4 May 2000 decision to authorise a criminal investigation had been cancelled on 4 October 2000 by the Council of State, which meant that no action had been taken against the officials in question (see paragraph 89 below); (b) a report on an inquiry authorised by the Interior Ministry on 10 September 2001 had also concluded that there were no grounds for proceedings against the officials in question (see paragraph 91 below); and (c) another report on an inquiry authorised by the Interior Ministry on 25 January 2002 had concluded that there was no need to prosecute the officials in question (see paragraph 93 below).", "58. At the hearing on 17 October 2002 the Assize Court noted that the document from the Directorate General of Local Administration of the Interior Ministry had been read and added to the case file.", "59. In a claim submitted on 11 November 2003 Mr Çakır demanded a certain sum in respect of procedural expenses for the transfer of the case to Konya, and reserved his rights as regards that outlay.", "60. On 18 November 2003 he repeated his request for the indictment of the officials whose responsibility had been engaged.", "61. On 1 March 2004 Mrs Akan and Mr Özel submitted a memorial on the merits in which they relied on Article 6 of the Convention to complain of unfair proceedings and an infringement of the “natural judge” principle owing to the transfer of the case to Konya and a breach of the right of prosecution. They considered that their inability to obtain leave of prosecution under the Prosecution of Civil Servants and other Public Officials Act (“Law No. 4483”) with regard to the municipal officials in question was contrary to the principle of equality before the law, as well as Articles 6 and 13 of the Convention.", "62. On 4 May 2004 the Konya Assize Court ordered the separation of the case in hand from that concerning D.B. and İ.K. on the ground that the latter two accused persons had been untraceable for almost three years, thus delaying the proceedings.", "63. On the same day a joint memorial was lodged with the registry of the Konya Assize Court by Mr and Mrs Kılıç and Mr and Mrs Erdoğan, declaring that they reserved their rights to claim civil damages in the criminal proceedings. Mrs Yüce (Ergüden) lodged a third-party memorial stating that owing to the deficiencies and delays in the civil and criminal proceedings the shares held in the accused’s company had been sold off, which she considered as jeopardising the chances of success for any future action for damages. She also pointed out that the Mayor of Çınarcık had been given a thirty-five-month prison sentence for the architectural practices implemented in the Çamlık estate (see paragraph 85 below), and that he had been removed from office.", "64. On 24 June 2004 İ.K. was remanded in custody.", "65. On 5 July 2004 a fresh expert report was prepared at the Assize Court’s request. According to the report, V.G. had been issued with six different building permits, twenty-two blocks had been built in Çınarcık for which no occupancy permit was to be found in the assessment file, and 195 persons had died buried in the rubble of those buildings, 152 of them in the Çamlık estate, 12 in the Kocadere estate and 31 in the V.G. estate. It also transpired from that report that İ.K. had been responsible for the architectural project regarding the buildings in the Çamlık estate, on allotment 1927/15-1, plot 1, allotment 1649/15-1, plot 3 and allotment 1648/15-1, plot 7, and that D.B. had been in charge of the architectural project regarding the buildings in the Kocadere estate, on allotment 1258/3‑2, plot 1, allotment 1257/3-2, plot 1, and allotment 1256/3‑2, plot 5. The report also specified that the V.G. company, in which İ.K. and Z.C. had been partners, had been responsible for the construction of all those buildings.", "66. On 14 October 2004 the State Prosecutor presented the prosecution case on the merits. He submitted that 195 persons had died in the estates built by V.G.: 115 persons had been killed on allotment 1925, plot 1, allotment 1648, plot 7, and allotment 1649, plot 3, and 80 other persons in other buildings. Those deaths had been caused not by the earthquake alone but also by the actions of the accused, who had used deficient materials with full knowledge of the risks involved. He demanded the conviction of the accused pursuant to Articles 383/2 and 40 of the Penal Code, insisting that the sentence should be delivered six times, one for each of the building permits issued.", "67. On 21 October 2004 the Assize Court found the accused V.G., C.G. and Z.C. guilty of endangering the lives of others through negligence and recklessness and, pursuant to Article 383/2 of the Penal Code, sentenced each of them to twenty years’ imprisonment without parole and four years and twelve months’[5] imprisonment, and to a fine of 360,000,000 Turkish lire[6] (TRL). The Assize Court gave the following reasons:\n“... The investigations conducted on the sites and the expert reports drawn up both during the preliminary investigation and during the criminal proceedings showed that the buildings which collapsed as a result of negligent, virtually intentional, acts had been built in breach of many current legal obligations. Even though the area in question had been classified as a major seismic hazard zone, no soil studies had been carried out on the worksites. The concrete, metal and other materials used lacked the necessary resistance. A large number of obligations set out in the blueprint were breached. The buildings thus constructed collapsed under the impact of the earthquake, and those holding responsibility for the collapse of the buildings had made no attempt to avert danger and [offset] the unlawful acts committed, such that a direct causal link was established between the negligent acts and the consequences of the collapse of the buildings.\n... The provisions relating to the concurrence of offences are applicable to this case... The present proceedings concern six different building permits... Consequently, the accused were held responsible for six different events.\nHaving regard to the lists drawn up by the Governor of Çınarcık district and by the Kocadere municipality... 11 persons lost their lives on plot no. 1, allotment 1927 (1st section), 28 on plot no. 3, allotment 1649 (2nd section), 76 on plot no. 7, allotment 1648 (3rd section) and 2 on plot no. 5, allotment 1256 (blocks A and B). It has not been established with certainty whether there were any deaths on the other plots. Where it was established that there were deaths, it was also established that buildings collapsed. Therefore, it must be acknowledged that in those buildings people’s lives had been jeopardised. Consequently ... the sentencing procedure must involve applying to each of the accused the final sentence of Article 383/2 of the Penal Code, multiplied by four, as regards the deaths which occurred in four zones covered by a permit. As regards the two zones covered by a permit where no loss of life could be established, the first section of Article 382/2 of the Penal Code, multiplied by two, must be applied.\nAll the buildings were constructed by the real estate developer, that is to say the ‘V.G. Arsa Ofisi’ company ... At the material time the two accused persons V.G. and C.G. had been partners in that company. The accused person Z.C. had also been a partner in the company in respect of the buildings covered by permits. Z.C. had also been the owner of five buildings covered by permits. Insofar as Z.C. was involved in the construction of the buildings, he must be held responsible for all the relevant actions... Even though permits had indeed been issued for all the building lots, none of them was covered by an occupancy permit, that is to say a permit for utilisation. In this context, since at the time of the offence the company and its partners were still under the obligation to correct the shameful [defects] in the buildings, [they] are also criminally liable for the collapse of the latter owing to these disgraceful [defects] throughout the whole period...\nAs already stated above, the consequences of the impugned acts amounted to a disaster. Solely because of those acts, 195 persons lost their lives and pecuniary damage was sustained to an extent which is difficult to quantify. The accused bear enormous responsibility for those consequences. As highlighted by the expert reports, using such construction methods in a 100% earthquake risk zone really was a recipe for disaster...”", "68. On 4 November 2004 İ.K. was also found guilty of homicide and bodily harm through recklessness. He was sentenced to twenty years’ imprisonment without parole and four years and twelve months’ imprisonment, and to a fine of TRL 360,000,000.", "69. The accused appealed on points on law.", "70. By judgment of 27 June 2005 delivered on 6 July 2005 the Court of Cassation set aside the convictions of V.G., C.G. and Z.C. on the following grounds: the fact that a judge had failed to sign the minutes of the 20 March 2000 hearing; conviction for the collapse of a building on allotment 1257, plot 1, which was not mentioned in the indictment; the failure to read out the 22 September 2000 indictment before taking statements from the accused; and the entry into force of the new Penal Code.", "71. By judgment of 18 July 2005 delivered on 20 July 2005 the Court of Cassation also set aside İ.K.’s conviction on the following grounds: the conviction for the collapse of a building on allotment 1257, plot no. 1 was not mentioned in the indictment; one judge had failed to sign the minutes of the 20 March 2000 hearing; the criminal prosecution of İ.K. should have been joined to that of the other accused persons; and the new Penal Code had come into force.", "72. Between 18 June 2005 and 11 April 2006 the Konya Assize Court, to which the case had been referred back by the Court of Cassation after the setting aside of the 21 October 2004 judgment, held eleven hearings. The preparatory report for the 18 June 2005 hearing included the applicants’ names in the list of third parties to the proceedings.", "73. On 17 August 2005 the Konya Assize Court ordered the joinder of the criminal proceedings against İ.K. with those pending against V.G., C.G. and Z.C.", "74. On 31 January 2006 the Assize Court decided to separate the proceedings against the accused Z.C. and C.G. untile they were arrested.", "75. On 11 April 2006 the Konya Assize Court sentenced V.G. and İ.K. to eighteen years and nine months’ imprisonment and to a fine of TRY 250[7]. Mr Çakır, Mrs Yüce (Ergüden), Mrs Akan, Mr Özel and Mr and Mrs Erdoğan were mentioned as third parties to the proceedings. Mr and Mrs Kılıç were mentioned as complainants. In its statement of reasons the Assize Court pointed out that the buildings in Çınarcık had been destroyed by the earthquake, but that it had transpired from the inspections carried out both during the preliminary investigation and during the proceedings that the buildings which had collapsed had been constructed in breach of numerous legal obligations. The Assize Court further emphasised the following: even though the stricken zone was classified as a level-one earthquake hazard area, the buildings had been constructed without any prior soil testing; the construction material used had been low-quality and the concrete had not been solid; the buildings erected had been destroyed under the impact of the earthquake; the accused had acted negligently, which had contributed to the destructive events; and there was a direct causal link between the destruction and the loss of life. The Assize Court further held that the provisions relating to the concurrence of offences were applicable to the case, that each building project implemented in accordance with a building permit had constituted an offence and that the instant case concerned five permits, namely allotment 1927, plot 1, allotment 1649, plot 3, and allotment 1648, plot 7 in Çamlık, and allotment 1258, plot 1 and allotment 1256, plot 5 in Kocadere. It was also noted that no proceedings concerning allotment 1257, plot 1 had been brought before the Assize Court. As regards the lists drawn up by the Governor of Çınarcık District and Kocadere Municipality, the Assize Court explained that eleven persons had lost their lives on allotment 1927, plot 1 (1st section), twenty-eight on allotment 1649, plot 3 (2nd section), seventy-six on allotment 1648, plot 7 (3rd section) and two on allotment 1256, plot 5 (blocks A and B). It pointed out that it had been impossible to establish whether any deaths had occurred on the other plots, but that it had been established that the dwellings on those plots had been inhabited, thus placing the inhabitants in mortal danger. The Assize Court also noted the following: the V.G. Arsa Ofisi company had been responsible for all the buildings constructed on those plots; at the material time V.G. and C.G. had been partners in that company and Z.C. had been involved in obtaining the permits for the buildings; even though permits had been issued for the buildings in question, none of them had been covered by an occupancy permit, such that the building company and the various partners held criminal responsibility for the events.", "76. The accused appealed on points of law.", "77. On 16 April 2006 the Court of Cassation adopted a decision to transmit the case to the public prosecutor with the Court of Cassation so that he could submit his opinion on that appeal. The cover page of the decision bore the inscription “Detainees – statute limitation period expiring soon”.", "78. In a memorial of 5 February 2007 Mr Çakır asked the Court of Cassation to confirm the first-instance conviction, under urgent procedure, on the ground that the offence would shortly be statute-barred.", "79. On 6 February 2007 the Court of Cassation confirmed V.G.’s conviction. It also partly upheld İ.K.’s conviction, invalidating it as regards İ.K.’s responsibility for the destruction that had taken place on allotment 1258, plot no. 1, on the ground that it was unlawful to convict that accused person without having regard to the lack of evidence regarding his status as a technical officer or as a partner in the company responsible for erecting the building in question.", "80. On 20 February 2007 the Konya Assize Court adopted two decisions discontinuing the criminal proceedings against D.B. and C.G. on the grounds that they had become statute-barred. The proceedings against Z.C. were also terminated, on an unknown date, on the same grounds.", "81. On 15 March 2007 the Konya Assize Court, to which the case had been referred, discontinued the criminal proceedings against İ.K. as regards his responsibility for the destruction that had taken place on allotment 1258, plot 1, on the grounds that they had become statute-barred. The applicants’ names were included as third parties in the decision.", "82. On 8 June 2007 the public prosecutor with the Court of Cassation, examining an appeal lodged by V.G. and İ.K. against the judgment of 6 February 2007, held that that appeal had been lodged unnecessarily.", "83. Previously, on 7 May 1997, the Governor of Yalova had stated that the Mayor and the Head of Technical Services of Çınarcık should be prosecuted under Articles 230 and 240 of the Penal Code for failing in their duties and abusing their authority. The Governor accused them, in particular, of having, between 1995 and 1996, altered the urban planning schemes and turned a blind eye to the erection of illegal buildings, and of having failed to demolish the latter and to impose the relevant fines.", "84. On 18 March 1999 the Council of State, having been applied to by the accused persons, transmitted the case file to the Yalova Criminal Court with a view to prosecuting the offence under Article 240 of the Penal Code.", "85. On 28 February 2001, in the framework of the proceedings thus instigated, the Yalova Criminal Court found the accused guilty as charged. It was satisfied that the Mayor had authorised, under a decision taken by the Municipal Council on 13 October 1995, alterations to the urban planning schemes in a manner contrary to normal procedure – which action falls foul of Article 230 of the Penal Code – but that in view of the nature of the offence and the penalty incurred the imposition of a final penalty should be suspended, pursuant to section 1 [4] Law No. 4616 concerning release on parole and stay of proceedings and penalties for offences committed before 24 April 1999. The Criminal Court considered the 1997 adoption by the Municipal Council of a decision setting aside the aforementioned 13 October 1995 decision before it could be enforced as a mitigating circumstance: it changed the penalties imposed on the Mayor to six months’ imprisonment, under Article 240/2 of the Penal Code, and a TRL 300,000 fine. In view of the Mayor’s behaviour during the proceedings, those penalties were reduced to five months’ imprisonment and a fine of TRL 250,000. The Mayor was also found guilty of having abused his authority by once again altering the planning schemes in breach of procedure, under a Municipal Council decision of 14 February 1996, and he was therefore sentenced to one year’s imprisonment pursuant to Article 240 of the Penal Code and fined TRL 300,000, which penalties were then reduced to ten months’ imprisonment and a fine of TRL 250,000. He was also found guilty of having failed to enforce the fines imposed pursuant to Article 42 of Law No. 3194, as ordered by the Municipal Council on 22 May 1996. Furthermore, he was sentenced to one year’s imprisonment and fined TRL 420,000 for having failed to ensure the destruction of the unlawful worksites, which penalties were then reduced to ten months’ imprisonment and a fine of TRL 350,000.\nThe court also found the two accused guilty of having failed to halt the works performed in a manner inconsistent with the corresponding building permits, of having failed to take action to ensure the demolition of the unlawfully erected constructions and of having abused their authority. Each of the accused was consequently sentenced to one year’s imprisonment and fined TRL 300,000, subsequently reduced to ten months’ imprisonment and a fine of TRL 250,000.\nIn all, the Mayor of Çınarcık was sentenced to thirty-given months’ imprisonment and fined TRL 1,100,000, and the Head of Technical Services was sentenced to ten months’ imprisonment and fined TRL 250,000, which penalties were suspended.", "86. On 5 May 2003 the Court of Cassation upheld that judgment.", "87. On 4 May 2000 the Interior Ministry adopted a decision authorising the instigation of a criminal investigation under Article 230 of the Penal Code against the former and current Mayors of Çınarcık, the former and current municipal Heads of Applied Science, as well as the architect and an official working in Technical Services, the last two having admitted that they had at no stage inspected the worksite after the laying of the foundations of the buildings in Çamlık, allotment 1927/15‑1, plot 1, block E, allotment 1649/15-1, plot 3, blocks C and D, and allotment 1648/15-1, plot 7, blocks A, C, D and E, and the buildings in Kocadere, allotment 1256/3-2, plot 5, block D, allotment 1257/3-2, plot 1, block D and allotment 1258/3-2, plot 1, block D.", "88. On 14 July 2000 Mrs Akan and Mr Özel applied to the Interior Ministry’s Inspection Committee for identification of the officials who had failed in their duties of inspection and supervision of the impugned buildings. Relying on the conclusions of the expert report of 13 October 1999 (see paragraph 23 above), they also requested a prosecution order against them. They submitted that their aim was to shed light on the whole chain of responsibilities, emphasising that the Mayor of Çınarcık, the Municipal Council and the technical and administrative staff responsible for inspection and supervision should also be prosecuted and placed on trial pursuant to section 102 of the Local Authorities Act (Law No. 1580). The two applicants considered that the municipality had turned a blind eye to the construction of buildings that fell short of the legal requirements. They also reiterated that the construction area in question had been classified as a “major earthquake hazard zone”, and complained that the municipality had authorised excessively high buildings on unstable ground. Finally, it was necessary to establish the responsibility of the Büyükşehir municipality on the ground that the area at issue had been part of that municipality at the time of the construction of the buildings and the submission of the architectural plans.", "89. On 4 October 2000 the Second Division of the Council of State, examining an appeal lodged by the individuals concerned by the authorisation of criminal investigation issued by the Interior Ministry (see paragraph 87 above) and acting under Section 9 of Law No. 4483 (see Relevant domestic law, paragraph 133 below), lifted the criminal investigation authorisation issued by the Interior Ministry. The Council of State held that responsibility should be attributed to the specialists who had planned the building project, emphasising that many of the buildings destroyed on 17 August 1999 had not been covered by occupancy permits.", "90. On 6 July 2001 the two aforementioned applicants applied to the Directorate General of Local Authorities of the Interior Ministry. On the basis of new evidence they reiterated their application for the prosecution of the officials in question. They submitted that, in the light of the new evidence in question, those officials could not be charged with mere negligence, and that their actions had amounted to abuse of authority.", "91. On 10 September 2001 a review report was drawn up as authorised by the Interior Ministry on 15 August 2001, geared to ascertaining whether the failure to react to and verify the addition of extra storeys to several buildings – those located in Çamlık, allotment 1927/15‑1, plot 1, block E; allotment 1649/15-1, plot 3, blocks C and D; and allotment 1648/15‑1, plot 7, blocks A, C, D and E; and in Kocadere, allotment 1257/3‑2, plot 1, block D – which had been effected in breach of the corresponding building permits, had amounted to a breach of professional duties by the former and current Mayors of Çınarcık, the former and current municipal Heads of Applied Science, as well as the architect and a member of the technical services staff. The report concluded that there had been no need to prosecute the actions in question as they had been in conformity with usual procedure; consequently, no proceedings were brought against the aforementioned persons.", "92. On 5 November 2001 Mrs Akan and Mr Özel once again applied to the Directorate of Local Authorities of the Interior Ministry for information on the action taken on their various complaints, pointing out that their requests for the prosecution of the officials had been unsuccessful and that no preliminary inquiry had yet been launched into the facts of which they had complained.", "93. On 25 January 2002 a further review report was prepared as authorised by the Interior Ministry on 2 January 2002. That report found that there had been no need to take action against the officials in question for having authorised six-storey buildings.", "94. On 4 February 2002 the above-mentioned Directorate replied to the application of 5 November 2001 (see paragraph 92 above). It first of all reiterated that the decision taken by the Interior Ministry authorising an investigation had been cancelled by decision of the Council of State of 4 October 2000. It went on to explain that in reply, in particular, to the application of 6 July 2001 (see paragraph 90 above), a preliminary examination had been conducted as authorised by the Interior Ministry on 15 August 2001, concluding that the issue at stake had already been decided, that the Council of State had cancelled the authorisation of investigation and that there was therefore no need for action against the individuals in question. Finally, it pointed out that, having regard to the applicants’ new allegations, a further authorisation of examination had been adopted on 2 January 2002 (see paragraph 93 above).", "95. On 20 August 2002, relying on section 53 of the Administrative Procedure Act (Law No. 2577) and pointing to the existence of new evidence, the applicants applied to the Council of State to set aside the decision of 4 October 2000 (see paragraph 89 above) and to reopen proceedings.", "96. On 18 September 2002 the Second Division of the Council of State dismissed that application, without consideration of the merits, on the grounds that no appeal lay from the contested decision, referring in that regard to sections 3 (h) and 9 of Law No. 4483 (see Relevant domestic law, paragraph 133 below).", "97. On 20 November 2002, the applicants once again applied to the Council of State, submitting that they had not appealed against the decision of 4 October 2000 cancelling the authorisation of a criminal investigation but had applied for the reopening of proceedings pursuant to the Administrative Procedure Act (Law No. 2577), which was a different remedy. They reiterated their request to that effect.", "98. On 14 January 2003 the Council of State dismissed that request, having noted that the proceedings in question had been conducted pursuant to Law No. 4483, which did not provide for reopening proceedings.", "99. On 8 April 2004, examining an appeal lodged by Mrs Akan and Mr Özel against the 25 January 2002 report (see paragraph 93 above), the Second Division of the Council of State dismissed that appeal, without considering the merits, on the grounds that it concerned a decision from which no appeal lay.", "100. On 25 February 2004 Mrs Akan and Mr Özel applied to the Yalova Provincial Human Rights Committee (“the Yalova Committee”). They submitted that the transfer of the criminal proceedings from the scene of the earthquake (Yalova) to Konya was in breach of the “natural judge” principle and infringed the victims’ right of appeal. They also complained of shortcomings in the assessment of the applications for the prosecution of the officials involved in the case.", "101. On 6 April 2004 the Yalova Committee noted that the Commission responsible for the investigation and appraisal of human rights violations had prepared a rapport on the impugned facts concluding that there had been compelling reasons for changing the trial venue, as provided for in Article 14 of the Code of Criminal Procedure, and had not breached any human rights. Similarly, according to the findings of the report, the cancellation by the Council of State of the authorisation of investigation against the official whose responsibility had been engaged and the refusal to reopen the proceedings had not been contrary to human rights. Furthermore, the Yalova Committee pointed out that according to the same report, the complainants could have lodged an application with the European Court of Human Rights.", "102. The Yalova Committee also noted that a member of the Commission responsible for the investigation and appraisal of human rights violations had set out the following additional observations:\n“1. The increase in the number of storeys without the authorisation of the Municipal Council and the amendments to the architectural plans, as well as the failure to comply with the architectural plans concerning the ‘high-risk’ nature of the zone, amount to an infringement of the right to life; 2. The transfer, on security grounds, of the case to Konya rather than to a province closer to Yalova violated the victims’ right to a judge and their right of appeal. The Ministry of Justice has to provide financial assistance to the complainants so that they can follow the proceedings ... 3. The following constitute human rights violations: the inability, following the cancellation by the Council of State of the authorisation of investigation under Law No. 4483, to secure, [on the basis of] the new evidence submitted, the re-examination of the impugned facts [and] and the reopening of the proceedings... [The same applies to] the lack of a right of appeal for the complainants following the cancellation of the authorisation of prosecution of the officials.”", "103. On 29 April 2004 the Office of the Governor of Yalova wrote to counsel for the applicants to inform her of that decision, transmitting a copy thereof.", "104. On an unknown date Mrs Akan and Mr Özel had lodged with the Bursa Administrative Court an action for damages against the Interior Ministry, the Mayor of Çınarcık, the Housing Ministry and the Mayor of Büyükşehir (Istanbul), seeking compensation for the pecuniary and non‑pecuniary damage which they had sustained. They had submitted that the administrative authorities charged in the proceedings had authorised building in major earthquake hazard zones, failing to use appropriate construction techniques, and that they had issued building and occupancy permits without adequate controls, thus committing a breach of their administrative duty.", "105. On 30 October 2000 the Bursa Administrative Court dismissed that action as having been brought out of time, stating that the applicants should have brought their action within sixty days from the preparation of the expert report of 13 October 1999 (see paragraph 23 above), when they had been apprised of the alleged defects.", "106. On 4 March 2003 the Bursa Regional Administrative Court dismissed an appeal against the latter decision and upheld the first-instance decision.\nb) Claim for the reimbursement of costs and expenses", "107. On 2 August 2004 Mr Çakır submitted a claim to the Ministry of Justice for the reimbursement and defrayal of his travel expenses to and from Konya in order to follow and take part in the criminal proceedings.", "108. On 31 August 2004 the Ministry of Justice rejected that claim.", "109. On 16 May 2006 the Ankara Administrative Court, to which the applicant had appealed against that decision, held that the decision to transfer the Yalova case to Konya had been a judicial rather than an administrative decision and that it accordingly could not engage the responsibility of the administrative authorities.", "110. On 27 September 1999 Mrs Akan and Mr Özel had lodged with the Yalova Regional Court (“YRC”) an action for damages against the V.G. partnership, V.G. himself, İ.K., Z.C. and the Çınarcık municipality.", "111. During the hearings held between 29 September 2004 and 17 September 2007, the YRC ordered the adjournment of the case until the conclusion of the criminal proceedings which were pending before the Konya Assize Court at the time.", "112. On 17 September 2007 the YRC observed that the Konya Assize Court had convicted V.G. and İ.K. of five offences, one of which related to the collapse of three blocks on allotment 1256, and that that conviction had become final, having been adopted in the light of an expert report prepared by Istanbul Technical University on 12 October 2000 establishing the accused’s responsibility. That expert report had been added to the case file, and the YRC commissioned a further expert report in order to establish the pecuniary damage sustained by the complainants as a result of the loss of their apartment.", "113. On 19 November 2007 an expert estimated the pecuniary damage sustained at TRY 5,015.", "114. At the hearing on 14 January 2008 the complainants contested the conclusions of that expert opinion.", "115. On 2 December 2008 the YRC, sitting as a consumer court, rejected the claims for compensation brought against V.G. and the Mayor of Çınarcık respectively on grounds of absence of evidence and lack of jurisdiction. It further held that the complainants’ claim for the moveable property lost should be considered as having been abandoned during the course of proceedings. Finally, the YRC partly acceded to the request for compensation by ordering the V.G. and Z.C. partnership to pay the applicants TRY 2,091.43 jointly in respect of pecuniary damage and TRY 2,000 each in respect of non-pecuniary damage.", "116. On 13 March 2009 Mrs Akan and Mr Özel appealed against that judgment on points of law. In their memorial before the Court of Cassation they submitted that V.G.’s responsibility had been established by the Konya Assize Court and that, while civil courts were not bound by the conclusions of criminal courts, that did not apply to cases where the facts had established beyond doubt. They complained that the YRC had decided the case as a consumer court, even though it had involved a purely civil action. Finally, they submitted that the amounts awarded in compensation had been unsatisfactory, so that the YRC’s decision had been incompatible with Articles 2 and 13 of the Convention and had, moreover, infringed their property rights.", "117. On 28 February 2010 the Court of Cassation set aside the YRC’s judgment.", "118. On 28 June 2010 an expert report was drawn up, estimating the pecuniary damage sustained by the applicants, on the basis of the value of the apartment that had been destroyed during the earthquake, at TRY 2.750.", "119. On 23 November 2010, the YRC, to which the case had been referred back by the Court of Cassation, again rejected the compensation claim against V.G. for lack of evidence, holding that the latter had been involved in neither the construction nor the sale of the building in question. The YRC also dismissed the compensation claim against the municipality, declining jurisdiction in favour of the administrative courts. It noted that the claim against İ.K. had been abandoned. Drawing on Article 409 of the Code of Civil Procedure, the YRC considered that the claim relating to moveable property should be deemed not to have been lodged. Lastly, it ordered the V.G. and Z.C. partnership to pay, jointly and severally, TRY 3,600 in respect of the pecuniary damage sustained, and a sum of TRY 2,000 to each claimant in respect of non-pecuniary damage.", "120. On 15 November 2011 the Court of Cassation upheld that judgment.", "121. On 11 November 1999 Mr Çakır and his wife had brought before the YRC an action for damages against the limited liability company V.G. Arsa Ofisi Villa Inş. Taah. Turizm, the V.G. Arsa Ofisi partnership, V.G. and İ.K. They claimed TRL 15,000 each in respect of pecuniary damage, TRL 500,000 in respect of non-pecuniary damage and a further sum to be calculated in compensation for loss of support.", "122. On 29 December 2008 the YRC stated that it was satisfied that the property developer responsible for the building in the ruins of which the applicant’s son had died was the V.G. Arsa Ofisi partnership and that the architectural blueprint had been prepared by İ.K., who had also acted as scientific officer for the project. Furthermore, in the light of the expert report prepared on 12 October 2000 at the request of the Konya Assize Court, the public authorities which had issued the permit had been responsible in a ratio of 2/8 and the persons in charge of construction had been responsible in a ratio of 6/8. The YRC considered that the V.G. Arsa Ofisi partnership and İ.K. had therefore been responsible in a ratio of 6/8.\nThe YRC dismissed the claim against V.G. and the limited liability company V.G. Arsa Ofisi Villa Inş. Taah. Turizm on the grounds that they could not have been involved in the proceedings. It allowed in part the applicant’s and his wife’s compensation claims. The V.G. Arsa Ofisi partnership was accordingly ordered to pay the applicant TRY 1,170 in respect of the moveable property which they had lost, TRY 5,317.40 in respect of loss of financial support and TRY 4,500 in respect of non‑pecuniary damage.", "123. On 18 November 2009 the Court of Cassation set aside that judgment on the ground that the court which had jurisdiction to hear and determine the case had been the Consumer Court.", "124. By judgment of 1 April 2010, the YRC, to which the case had been referred back, sitting as a consumer court, dismissed the claim against V.G. and the limited liability company V.G. Arsa Ofisi Villa Inş. Taah. Turizm on the grounds that they could not have been involved in the proceedings. It also dismissed the claim against İ.K. on the ground that when he had died, after the action had been brought, his heirs had not accepted the succession. Nevertheless, the YRC allowed in part the claim against the V.G. Arsa Ofisi partnership. In that connection it awarded Mr Çakır TRY 1,014 in respect of the moveable property which he had lost, TRY 4,607.85 in respect of loss of financial support and TRY 4,500 in respect of non-pecuniary damage.", "125. On 9 March 2011 the Court of Cassation set aside that judgment.", "126. On 13 November 2011 the Court of Cassation dismissed an application for rectification of its judgment.", "127. On 29 December 2011 the YRC, to which the case had been referred back, dismissed the claim against V.G. and the limited liability company V.G. Arsa Ofisi Villa Inş. Taah. Turizm on the ground that they could not have been involved in the proceedings. It likewise dismissed the claim against İ.K. owing to the fact that when he had died, after the action had been brought, his heirs had not accepted the succession. Nevertheless, the YRC allowed in part the claim against the V.G. Arsa Ofisi partnership. In that connection it awarded Mr Çakır TRY 1,560 in respect of the moveable property which he had lost, TRY 7,089 in respect of loss of financial support and TRY 4,500 in respect of non-pecuniary damage.", "128. On 16 February 2000 Mrs Yüce (Ergüden) and three members of her family had brought compensation proceedings before the YRC in respect of the damage suffered owing to the deaths of their parents, claiming TRL 1,000,000,000 in respect of non-pecuniary damage and TRL 9,000,000,000 in respect of pecuniary damage. The action for damages was directed against the V.G. Arsa Ofisi partnership.", "129. On 26 December 2007 the YRC, hearing and determining as a consumer court, allowed in part the claim concerning the pecuniary damage suffered, awarding a sum of TRY 3,092.93 to be shared among the different complainants, in accordance with their respective places in their parents’ succession. The YRC also awarded a sum of TRY 1,000 in respect of the non-pecuniary damage caused by the death of the claimants’ mother and TRY 1,000 in respect of the non-pecuniary damage caused by their father’s death.", "130. On 28 March 2008 the respondent party appealed on points of law.", "131. On 20 November 2008 the Court of Cassation dismissed that appeal under a judgment which became final on 27 January 2009." ]

[ "2" ]

[ 14, 15, 39, 40, 49, 56, 59, 67, 68, 74, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125 ]

[]

[ "5. The applicant was born in 1949 and lives in Saint Petersburg.", "6. On 25 November 2007 the applicant took part in a march.", "7. The applicant was then taken to a police station and was accused of disobeying the police order for the march to disband, as it was considered to be a non-authorised public gathering. The applicant was suspected of an offence under Article 19.3 of the Code of Administrative Offences (CAO), which punishes disobedience of a lawful order by a public official. The police also considered that the applicant had committed an administrative offence under Article 20.2 of the CAO, on account of her participation in a public gathering which had not been subject to prior notification to the authorities, as required by the 2004 Public Gatherings Act.", "8. On the same day, the administrative offence record was submitted to a justice of the peace of the 201 district. The applicant was then apprised of her procedural rights under Article 25.1 of the CAO.", "9. The applicant lodged a request for adjournment in respect of both cases, since she needed time to retain counsel. The judge granted an adjournment until 28 November 2007.", "10. On 27 November 2007 the applicant sought another adjournment, referring to the need for time to study the case material. The judge adjourned the cases until 5 December 2007.", "11. On 28 November 2007, referring to the European Court’s case-law under Article 6 of the Convention, the applicant sought free legal assistance in these proceedings.", "12. On 5 December 2007 the judge adjourned the case again, since the applicant sought to call witnesses.", "13. By a procedural order of 19 December 2007, the justice of the peace dismissed the request for free legal assistance as follows:\n“Having examined the administrative offence record and the other documents in the case file, I dismiss the request because the CAO contains no rule concerning provision of legal assistance to the defendant. [The applicant] has been apprised of her rights under Article 25.1 of the CAO and thus must take her own decision whether she wants to retain an advocate, with due regard to her financial situation ...”", "14. By a judgment of 19 December 2007 the applicant was found guilty of the administrative offence under Article 19.3 of the CAO and was sentenced to a fine of 500 Russian roubles (RUB)[1].", "15. On the same date, the same justice of the peace found the applicant guilty of breaching the requirements of the Public Gatherings Act, which is an administrative offence under Article 20.2 of the CAO. The applicant was ordered to pay a fine of RUB 500.", "16. The applicant appealed against both judgments and sought free legal assistance for the appeal proceedings.", "17. On 19 February 2008 the Dzerzhinksiy District Court of St Petersburg gave her leave to call witnesses but dismissed her request for free legal assistance as follows:\n“[The applicant] has submitted a request for free legal assistance, submitting that she is a pensioner and has insufficient means to retain an advocate; she has no knowledge in the area of jurisprudence.\nHaving examined the request, the court cannot grant it because the CAO contains no rule concerning provision of legal assistance to the defendant. [The applicant] has been apprised of her rights under Article 25.1 of the CAO and thus must take her own decision whether she wants to retain an advocate, with due regard to her financial situation ...”", "18. On 11 March 2008 the District Court granted the applicant’s request to admit a video recording in evidence. The applicant’s renewed application for free legal assistance was again dismissed.", "19. On 17 March 2008 the District Court upheld the judgments of the justice of the peace. The appeal court also stated as follows:\n“There has been no violation of [the applicant’s] right to legal assistance. She was apprised of her procedural rights ... There is no evidence that the justice of the peace impeded [the applicant’s] exercise of her rights.”", "20. The applicant sought further review of the above court decisions. On 16 and 19 June 2008 the deputy President of the St Petersburg City Court re-examined the case files and upheld the judgments.", "21. The applicant sought review before the Supreme Court of Russia. On 31 July and 25 September 2008 the Deputy President of this court dismissed her applications, stating as follows:\n“The applicable legislation contains no rule concerning provision of legal assistance free of charge.”", "22. Lastly, the applicant lodged a constitutional complaint regarding the non-availability of free legal assistance under the CAO. By decision no. 236-O of 5 February 2015 the Constitutional Court of Russia declared her application inadmissible and made the following findings:\n“The Constitution of the Russian Federation ... provides for a right to legal assistance, in the circumstances prescribed by law, free of charge ...\nThe federal legislator is empowered to specify the means of access to the right to legal assistance, without impinging upon the essence of this right ...\nThe Code of Administrative Offences contains provisions allowing the person, who is being prosecuted for an administrative offence, to seek legal assistance ... by way of retaining a defender ... The defendant has a possibility to retain an advocate or another person. Therefore, the possibility to find and retain a defender is wider as compared to the situation of a suspect or accused in criminal proceedings ...\nUnlike in criminal cases, the person concerned does not bear any procedural costs ... Therefore, the decision not to prosecute for an administrative offence or a favorable decision following the prosecution for such offence may entail reimbursement of the expenses relating to legal assistance ...\nThe Constitutional Court previously acknowledged the need for a heightened level of protection of the citizens’ rights and freedoms in the areas entailing administrative or another type of public liability ... The relevant legislative regulations should comply with the requirements of fairness, proportionality and legal certainty ... At the same time, the constitutional requirements of fairness and proportionality entail some differentiation of liability on account of the seriousness of the facts, the extent and type of damage caused, the extent of the person’s guilt and other relevant factors ...\nClassification of offences as administrative or criminal entails corresponding statutory sentences and a set of corresponding procedural rules ... Unlike criminal cases, which include, as a rule, pre-trial proceedings, the cases under the CAO are focused on and processed by way of the non-judicial procedure. It has a more simplified and expedited nature, thus normally not requiring an investigation. Therefore, these proceedings are fit for the person to defend himself and are less financially burdensome as regards recourse to assistance from an advocate or another person ...\nTherefore, the federal legislator should not be deprived of the choice in favour of a differentiated approach when putting in place specific modalities concerning legal assistance, with due regard to the type of offences, the severity of penalties, procedural specificities of the procedures and other legitimate criteria ...\n In view of the above, as well as the case-law of the European Court of Human Rights, the State’s positive obligation to ensure provision of legal assistance, with recourse to public funding, primarily concerns the need to protect vulnerable groups ... and has a special significance in the criminal procedure, in particular on account of the importance of the consequences that may result during or after this procedure ...\nThe issue of free legal assistance in CAO cases may acquire constitutional significance in situations where the degree of actual intrusion into constitutional rights and freedoms, by way of prosecution under the CAO, becomes comparable to measures prescribed by criminal law ...\nIn substance, the applicant alleges a violation of her constitutional rights on account of the lacunae in Article 25.5 of the CAO that allowed the courts to reject her request to use free of charge the services of the lawyer that would be appointed. At the same time, she referred to a risk of an administrative sentence of fifteen days’ detention ...\nA theoretical possibility of administrative detention of up to fifteen days was only available as a penalty in respect of one of the two charges against the applicant ... As a matter of fact, with due regard to various circumstances, she was fined only 500 roubles, which was one-fifth the minimum statutory fine under the Criminal Code ...\nIn view of the above and the other factors (the penalty of administrative detention is only prescribed for some offences, is to be used only in exceptional circumstances; it cannot not be imposed in respect of certain categories of people; the applicant was not subject to any pre-trial detention longer than forty-eight hours), there are no compelling reasons to consider that during the CAO proceedings the applicant was placed in a position which could be compared to that of a defendant in a criminal case and that she ran a risk of being subjected to measures which would be comparable to those under criminal law ...\nTherefore, in view of the specific circumstances of the case, the applicant’s allegations are abstract ...\nArticle 25.5 cannot be perceived as violating the applicant’s rights in the specific case ... Thus, the complaint should be declared inadmissible ...\nHowever, the foregoing considerations should not prevent the federal legislator from specifying conditions for obtaining legal assistance in CAO cases, including by way of singling out categories of CAO cases and related criteria to determine whether free legal assistance in court proceedings is necessary ...”" ]

[ "10", "11", "6" ]

[ 17 ]

[]

[ "5. The applicant was born in 1937 and lives in Vilnius.", "6. In the 1930s the applicant’s father bought a plot of 1.975 ha of land in territory which is now part of the city of Vilnius. The property was nationalised in the 1940s.", "7. In 1991 the applicant asked the Lithuanian authorities to restore his rights to his father’s land. In 1992 the Vilnius city authorities restored his property rights by conferring on him a right to obtain a plot no bigger than 0.2 ha to build an individual house (individualaus namo statybai); under the Law on Restitution in force at that time, 0.2 ha was the maximum area of land returnable in natura within the Vilnius city boundaries.", "8. On 16 September 1999, the authorities transferred into the applicant’s ownership, without any payment, a plot of 0.18 ha in Vilnius city to build a house.", "9. On 2 April 2001 the Constitutional Court held that the limiting of the return of land in natura, if vacant and consequently of no particular societal value, was in breach of Article 23 of Constitution, which protects the right to property.", "10. Relying on the Constitutional Court’s ruling, on 4 May 2001 the applicant asked the Vilnius city authorities to stop distributing or selling the land which he claimed to be that of his father, given that he could now claim a bigger portion of that land. He enclosed land registry maps indicating the 1.975 ha plot of land that had previously belonged to his father.", "11. The Vilnius city authorities replied on 25 May 2001 that, taking into account the guidelines set out in the Constitutional Court’s ruling, the Law on Restitution had to be amended as regards the restitution of the land within the city limits. Given that the applicant’s request related to the return of a plot of land in Vilnius in the actual place where his father had had his land (perduodant žemės sklypą turėtoje vietoje), his request could only be examined after the aforementioned legislation had been amended.", "12. Following another unrelated request for restitution, by a decision of 30 May 2001 the Vilnius County Administration (Vilniaus apskrities viršininko administracija) transferred part of the disputed land, specifically plot no. 171 comprising 0.09 ha, to M.P. to build an individual house. M.P. later resold that plot to third parties.", "13. On 2 April 2002, the Law on Restitution was amended to the effect that the maximum area of land returnable in Vilnius city, provided that that land was not State redeemable, was 1 ha.", "14. Relying on the amended Law of Restitution, on 21 June 2002 the applicant asked the Vilnius city authorities to return to him the remaining part of the plot, 0.82 ha (that is to say, 1 - 0.18 ha), in his father’s land.", "15. In their internal correspondence of January and October 2003 the Vilnius city authorities concluded that the land could not be returned to the applicant in natura because it had been built upon and it also contained a forest of State importance. The land thus had to be bought by the State and the applicant was to be compensated by other methods as provided for by the Law on Restitution.", "16. On 31 July 2003 the National Land Service (Nacionalinė žemės tarnyba) informed the applicant that the land formerly owned by his father was State redeemable land. However, having examined the land registry maps of the land owned by the applicant’s father, the National Land Service also noted that only part of that land had been divided into plots for the construction of houses. In that case, the unoccupied land could thus be returned in natura. The National Land Service thus notified the applicant that it had requested the Vilnius authorities to re-examine the availability of unbuilt land one more time.", "17. In August 2003 the Seimas (parliamentary) Ombudsman, the National Land Service (see paragraph 16 above), and in March 2005 a prosecutor, found that the transfer of plot no. 171 to M.P. by the Vilnius authorities had been negligent and in breach of the law, because this had been done after the Constitutional Court’s ruling of 2001; it was the applicant who had priority rights to that plot. However, given that the third parties who had acquired plot no. 171 had done so in good faith, the prosecutor ruled that the plot could not be taken away from them and returned to the applicant.", "18. In January 2004 the Vilnius county authorities informed the applicant that his father’s land was to be bought by the State. The applicant was also informed that he could receive securities to the value of 9,984 Lithuanian litai (LTL, approximately 3,180 euros (EUR)) for each hectare of his father’s land as compensation.", "19. In March and July 2004, the National Land Service confirmed the above value for 1 ha of land in Vilnius as had been established by the Methodology set out by the Government (hereinafter – ‘the Methodology’). It also underlined that in 1998 the Constitutional Court had upheld that Methodology (see paragraphs 45-47 below). The Methodology set out the average price of the land paid in the course of compulsory purchases by the State for the entire territory of a city, taking into account that city’s size and significance. Lastly, the applicant was informed that up to that date 88% of persons had been compensated in accordance with the Methodology set out by the Government. Accordingly, it would be against the principle of equality if others, including the applicant, were to be compensated by changing the Methodology.", "20. On 24 March 2005 the applicant asked the authorities to compensate him for 0.73 ha of land (that is to say, 0.82 - 0.09 ha) by allocating another plot in Vilnius city to him. Relying on information from the Real Estate Registry, the applicant noted that the indexed value (indeksuota sklypo vertė) of the 0.09 ha (plot no. 171) sold to M.P. was LTL 22,896 (approximately EUR 7,290). He asserted that the market value of the other plot was even higher. Therefore, it was not fair to conclude that 1 ha of land in Vilnius city could be compensated by a sum of LTL 9,984. The applicant thus asked the authorities to pay him LTL 22,896 for plot no. 171 and “to quickly return him the remaining 0.73 ha of land in another place in Vilnius city or with a decent cash settlement (grąžinti likusią priklausančią man 0.73 ha žemę kitoje vietoje Vilniaus mieste greitu laiku arba užmokėti pinigais žmogišką kainą)”.", "21. In reply to the applicant’s complaint, on 3 May 2005 the authorities acknowledged that he was “a candidate (pretendentas) for restoration of the property rights to 1.795 ha of his father’s land”. The authorities underlined the applicant’s preference, as expressed in his request, to obtain compensation in money or to obtain another plot of land in Vilnius [city]. Pursuant to the applicable legislation, the authorities asked the applicant to specify how he wished to proceed with the restitution, given that the land his father had once owned in Vilnius city was to be bought by the State and thus the exact same plot could not be returned to him. According to the domestic law as in force at that time, the applicant could either choose to obtain another plot of land in a rural area or pecuniary compensation (either in securities or by having his liabilities to the State annulled).", "22. In reply to another application by the applicant, on 13 October 2005 the Vilnius County Administration reiterated that it was not possible to return the applicant’s father’s exact same land in Vilnius city. The applicant was requested to choose another method of compensation provided for in Article 16 § 9 of the Law on Restitution. He was also notified that information about available plots of land in Vilnius city could be found on the internet site of the Vilnius County Administration.", "23. On 1 February 2006, and in reply to another complaint by the applicant, the National Land Service reiterated that he had to choose how he wished to be compensated for the land bought by the State, as provided for in Article 16 § 9 of the Law on Restitution. The National Land Service noted the Ombudsman’s conclusion that land had been transferred to M.P. in breach of the applicant’s rights, as well as the prosecutor’s conclusion that it was not possible to annul that transfer.", "24. The applicant then started court proceedings, claiming that the State should pay him the market value for the 0.09 ha plot of land, that had been transferred to M.P., which the applicant noted to have an average market value (vidutinė rinkos vertė) of LTL 162,000 (approximately EUR 46,900) as established in 2001 by the Real Estate Registry (also see paragraph 32 below).\nHe also claimed that the State should pay market-value compensation for the unreturned 0.73 ha of land in Vilnius, which in his view was worth LTL 1,314,000.", "25. By a decision of 15 June 2006 the Vilnius Regional Administrative Court dismissed the claim as unfounded. The court acknowledged that on 30 May 2001 M.P. had been granted a 0.09 ha plot of land on the applicant’s father’s former holding in contravention of the law, because this was done after the Constitutional Court’s ruling of 2 April 2001. That being so, the documents in the court’s possession confirmed that the applicant’s father’s land belonged to land destined to be bought by the State, because it contained privately owned plots of land with houses or forests of State importance as provided for in Articles 12 § 6 and 13 of the Law on Restitution. The court did not specify which part of the applicant’s father’s plot belonged to either of those categories.", "26. The first instance court therefore held that the applicant should be compensated for the remaining part of his father’s land according to the Methodology set out by the Government. That methodology had been upheld by the Constitutional Court in 1998. The domestic law did not provide that the land bought by the State should be compensated by paying Real Estate Registry estimated values.", "27. By a ruling of 15 February 2007, the Supreme Administrative Court fully upheld the lower court’s decision. It observed that both the 0.09 ha plot and a 0.73 ha plot were part of land due to be bought by the State. Consequently, the applicant was to be compensated for those plots according to the rules set out in Articles 12 and 16 § 9 of the Law on Restitution. The latter provision listed the ways the applicant had at his disposal to obtain restitution; it was up to the applicant which method to choose. The court observed an abundance of documents in the case file which indicated that the applicant wished to be compensated in cash. However, the court stated that the applicant’s position was not entirely concrete and clear. Accordingly, and given the principle of inseparableness of rights and obligations, the applicant had to submit a request to the State expressing concretely how he wished to be compensated.", "28. Lastly, the Supreme Administrative Court underlined that no market-value compensation for land being compulsorily bought by the State had been provided for in the Methodology.", "29. In October 2009 the Vilnius County Administration wrote to the applicant stating that his name on the list of persons awaiting plots for building a house in Vilnius had been moved from 228th to 4,864th because he had already been granted a plot of land to build a house in 1999.", "30. On 1 February 2012, Article 16 § 9 (6) the Law on Restitution was amended by providing, for the first time, for payment in cash (pinigais) as one of the ways of compensating for land compulsorily bought by the State.", "31. Five days later, on 6 February 2012, the National Land Service wrote to the applicant informing him of this new opportunity and asking him to state how he wished to be compensated, until the statutory deadline to express such choice, namely 1 June 2012.", "32. On 24 May 2012 the Real Estate Registry issued the applicant with a document to the effect that the average market value (vidutinė rinkos vertė) of plot no. 171 was LTL 162,000, according to its 2001 estimate.", "33. On 25 May 2012, the applicant wrote to the Court saying that in April 2012 he was 4,606th on the waiting list of persons whose property rights were to be restored in the city of Vilnius.", "34. On 7 June 2012 the Vilnius city authorities informed the applicant that, in accordance with the Methodology approved by the Government, the indexed value (indeksuota vertė) of the 1.795 ha of land to be bought by the State was LTL 17,921. The laws did not allow compensation for this land by market-value payment. The authorities also reminded the applicant that, in accordance with Article 21 § 3 of the Law on Restitution, should a citizen fail to make a choice as to how he or she wished to be compensated for the land bought by the State, or if they favoured a method not provided for by the Law on Restitution, he or she would be compensated in cash (pinigais).", "35. In reply to the applicant’s request, on 3 October 2012 the National Land Service confirmed that the unreturned plot of land to which the applicant could still obtain restitution measured 1.795 ha (nustatyta, kad žemės plotas, į kurį liko atkurti nuosavybės teisę, sudaro 1,795 ha). It reiterated to the applicant that his father’s land had been assigned to the land which should be bought out by the State. That notwithstanding, the National Land Service asked the Vilnius city municipality to verify whether there was the possibility to constitute a plot of land within the overall parcel that had belonged to the applicant’s father. Only if there was an unoccupied plot could the National Land Service restore the applicant’s right in natura.", "36. In reply to the applicant’s request to grant him a plot of land, if it was possible to delimit one within the territory that had once belonged to his father, on 5 July 2013 Vilnius municipal authorities informed him that the entire plot was already occupied, namely it contained plots of land registered in private ownership, those plots being necessary to use buildings and houses. It also contained some forest land that was listed as being of State importance. For that reason, it was not possible to form a plot within the applicant’s father’s land. In accordance with Articles 12 and 13 of the Law on Restitution, this exact land could not be returned as it was due to be bought by the State." ]

[ "P1-1" ]

[ 1, 2, 3, 5, 6, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31 ]

[]

[ "5. The applicant was born in 1957 and lives in Vilnius.", "6. The applicant owned a 0.53 hectare plot of land in the village of Tarailiai (Tauragė region). In 2005 he submitted a request to the local authorities to change the classification of the land from agricultural to residential use. In accordance with the domestic law, such a request had first to be granted by the municipal council and then approved by the county administration.", "7. Tauragė District Municipal Council granted the applicant’s request and prepared a detailed area plan (detalusis planas) (hereinafter “the plan”). The plan was subsequently submitted for approval to the Tauragė County Administration (hereinafter “the TCA”). However, on 25 November 2005 the TCA refused to approve the plan on the ground that it had not been prepared in accordance with the domestic laws governing the planning process.", "8. The applicant submitted a complaint to the State Inspectorate for Planning and Construction (hereinafter “the Inspectorate”), which was the competent institution for out-of-court settlement of disputes arising from the planning process. On 10 August 2006 the Inspectorate held that the TCA’s refusal to approve the plan had been unfounded.", "9. After the Inspectorate’s decision, Tauragė District Municipal Council re-submitted the plan to the TCA. However, on 13 November 2006 the TCA informed the council and the applicant that it would not review its previous decision to refuse approval.", "10. On 22 December 2006 the Inspectorate notified the TCA that its refusal to approve the plan had been unfounded and urged it to review that decision. It appears that the TCA did not take any action in that respect.", "11. In January 2007 the applicant lodged a claim with the Klaipėda Regional Administrative Court. He asked the court to order the TCA to approve the plan. Following the court’s suggestion, in April 2007 the applicant added a request to annul the TCA’s decision of 25 November 2005.", "12. On 4 May 2007 the Klaipėda Regional Administrative Court dismissed the applicant’s claims. The court held that county administration’s decisions on approval of detailed area plans were valid for one year after their adoption. If the plan had not been adopted within that time, the decision became invalid and the plan had to be re-submitted for approval. Therefore, the court found that the TCA’s decision of 25 November 2005 was no longer valid and could not have any effect on the applicant’s situation. The court stated that it had no competence to examine the lawfulness of an invalid act and dismissed the claim. It also held that, as a result, there was no need to examine the applicant’s remaining claims.", "13. The applicant appealed against that judgment. He complained, inter alia, that the first instance court had not examined his original request – to order the TCA to approve the plan.", "14. On 15 February 2008 the Supreme Administrative Court upheld the applicant’s appeal and returned the case for re-examination by the first‑instance court. The Supreme Administrative Court noted that when a county administration refused to approve a detailed area plan, that plan could be re-submitted only after the errors indicated in the refusal had been corrected. However, if the author of the plan disagreed with the indicated errors, he or she would effectively be denied access to court if the proceedings lasted longer than a year. The court also noted that the applicant’s original request had been to order the TCA to approve the plan and that the first-instance court had not made any findings in that respect.", "15. On 16 October 2008 the Klaipėda Regional Administrative Court, after re-examining the case, again decided to dismiss the applicant’s claims. The court held that decisions of the Inspectorate, taken during the out-of-court settlement procedure, were mandatory for county administrations (see paragraph 20 below). Accordingly, the Inspectorate’s decisions of 10 August 2006 and 22 December 2006 had repealed the TCA’s decision of 25 November 2005. As a result, the TCA’s refusal to approve the plan was no longer valid and the court had no competence to examine its lawfulness. The court also held that, as a result, there was no need to examine the applicant’s remaining claims.", "16. The applicant appealed against that judgment, again complaining that the first-instance court had not examined his request to order the TCA to approve the plan, and that it had not followed the Supreme Administrative Court’s judgment of 15 February 2008 (see paragraph 14 above).", "17. On 12 December 2008 the Supreme Administrative Court dismissed the applicant’s appeal. It upheld the lower court’s findings that the TCA’s decision had been repealed by the Inspectorate and that courts had no competence to examine invalid acts. The Supreme Administrative Court then held that the applicant’s request to order the TCA to approve the plan was “derived” (išvestinis) from the request to annul the TCA’s decision; having dismissed the latter, there was therefore no need to examine the former request either. Lastly the court noted that the applicant had not requested that the court order the TCA to comply with the Inspectorate’s decisions, so it would make no findings in that respect.", "18. In 2010, following a national administrative reform, all county administrations were abolished and their planning powers were transferred to the Inspectorate. The applicant then submitted a new request to change the classification of his land and it was approved by all the relevant authorities. The classification of the land was changed to residential use in February 2012." ]

[ "6" ]

[ 4, 5, 7, 8, 9, 10, 11, 12 ]

[]

[ "5. The applicants were born in 1965 and 1961 respectively and live in Ramučiai, Kaunas Region. They are wife and husband.", "6. In 1993 the Karmėlava Circuit Council of the Kaunas Region (Kauno rajono Karmėlavos apylinkės tarnyba) assigned a plot of land measuring 1.97 hectares to the first applicant (hereinafter “the land”), Ms Noreikienė (hereinafter “the first applicant”), for individual farming. In 1996 the Kaunas County Administration authorised her to buy the land for a nominal price of 123 “single-use investment vouchers” (investiciniai čekiai) and 6 Lithuanian litai (LTL – approximately 1.7 euro (EUR)).", "7. On 2 August 2004 the first applicant signed a land purchase agreement with the Kaunas County Administration to acquire the land from the State. The plot was subsequently registered in the Land Registry in the joint names of both applicants.", "8. In 2005 a third party, V.A., brought a civil claim against the Kaunas County Administration and the both applicants, seeking restoration of his ownership rights to the land. He argued that a request for restitution of property had already been submitted in 1991, so the land had been assigned and later sold to the first applicant unlawfully.", "9. On 14 April 2006 the Kaunas District Court (Kauno rajono apylinkės teismas) allowed V.A.’s claim. It held that the first applicant had been assigned the land unlawfully because the local authorities had an obligation to resolve restitution claims before assigning plots to new owners, and because she did not fulfil the legal criteria for being assigned land. Applying the principle of priority of former owners’ rights, the court annulled the administrative decisions assigning the land to the first applicant and the land purchase agreement, and ordered the Kaunas County Administration to return LTL 129 (EUR 37) to the applicants.", "10. On 31 October 2006 the Kaunas Regional Court quashed the lower court’s decision and dismissed the civil claim. V.A. lodged a cassation appeal. On 15 May 2007 the Supreme Court quashed the disputed decision and remitted the case to the Kaunas Regional Court for re-examination.", "11. On 24 September 2007 the Kaunas Regional Court upheld the first‑instance decision of 14 April 2006 and allowed V.A.’s claim.", "12. On 30 November 2007 the Supreme Court refused to examine the applicants’ cassation appeal, on the grounds that it did not raise any important legal issues." ]

[ "P1-1" ]

[ 1, 2, 4 ]

[]

[ "6. The applicant was born in 1976 and is currently serving a prison sentence in Croatia.", "7. In 1997 an investigation was opened in respect of the applicant on suspicion of murder. He was remanded in custody during the investigation from 5 February to 21 May 1997.", "8. Following his release from custody, the applicant became unavailable to the Croatian authorities, and on 18 December 1998 the Osijek County Court (Županijski sud u Osijeku), as the competent trial court, ordered his trial in absentia.", "9. On 8 February 1999 the Osijek County Court found the applicant guilty as charged and sentenced him in absentia to nine years’ imprisonment. The judgment became final on 22 February 1999.", "10. On 27 September 2005 a judge responsible for the execution of sentences at the Osijek County Court ordered that the applicant should start to serve his prison sentence. Given that at the time the applicant was still at large, the judge ordered that a warrant be issued for his arrest.", "11. On the basis of the arrest warrant, the applicant was arrested in Bosnia and Herzegovina and on 21 July 2011 he was extradited to Croatia, where he immediately started to serve his prison sentence.", "12. The day following his extradition, the applicant requested the Osijek County Court to reopen the proceedings conducted in his absence (see paragraph 30 below). He relied on the Code of Criminal Procedure, which provided for the automatic reopening of proceedings conducted in absentia at the request of the convicted person.", "13. A three-judge panel of the Osijek County Court granted the applicant’s request for reopening of the proceedings on 26 August 2011. The decision became final on 6 September 2011.", "14. On 4 October 2011 the Osijek County Court discontinued the applicant’s prison sentence on the ground that the reopening of the proceedings had been granted and that therefore the execution of the sentence had to be stayed, as required under Article 507 § 5 of the Code of Criminal Procedure (see paragraph 31 below).", "15. In the meantime, on 27 September 2011 the Osijek County State Attorney’s Office (Županijsko državno odvjetništvo u Osijeku) had requested the Osijek County Court to order that the applicant be remanded in custody under Article 123 § 1(1) of the Code of Criminal Procedure (risk of absconding) pending the retrial.", "16. In connection with that request, on 5 October 2011 a three-judge panel of the Osijek County Court heard the applicant and his lawyer. They argued, in particular, that the applicant had not sought to avoid trial and that his detention should be replaced by the application of a less restrictive measure, such as bail, which could be effected by the seizure of his mother’s house and of documents.", "17. On the same day the Osijek County Court accepted the request of the State Attorney’s Office and ordered the applicant’s pre-trial detention under Article 123 § 1(1) of the Code of Criminal Procedure (risk of absconding). The relevant part of the decision reads:\n“Having considered the [available] evidence, this panel has found that the accused Nenad Kovačević received an indictment [from the competent prosecutor] on 24 June 1997 ..., that the Osijek-baranja Police Department informed the Osijek County Court that the accused Nenad Kovačević was absent from his place of residence [in Croatia] as he had gone away in March 1998 and was [at the time] allegedly in Bosnia and Herzegovina, as stated by his mother. Furthermore, it was established that the accused Nenad Kovačević had been found guilty by the above-mentioned final judgment of the Osijek County Court of the offence of murder ... for which he had been sentenced to nine years’ imprisonment. It was also established that the accused Nenad Kovačević ... had been arrested [in Bosnia and Herzegovina] because a sentence-execution judge of this court ordered that he should start to serve his prison sentence, and therefore the objection that the general conditions for ordering detention under Article 123 of the Code of Criminal Procedure have not been met is unfounded. The final judgment adopted in the criminal proceedings conducted in the absence of the accused, by which he was found guilty on charges of murder and sentenced to nine years’ imprisonment, represents a reasonable suspicion that the accused Nenad Kovačević committed the offence of murder ... The fact that he fled, given that the order for his pre-trial detention and the arrest warrant remained futile and there was no possibility for the police to bring him [before the court] for a hearing, and that he was arrested only on the basis of [an arrest warrant] for the execution of the prison term to which he had been sentenced, suggests the existence of grounds for ordering pre-trial detention under Article 123 § 1(1) of the Code of Criminal Procedure; that is to say, special grounds justifying a risk that, if at large, the accused might abscond and thus hinder the proper conduct of these criminal proceedings.\n...\nAs already stated above, the accused Nenad Kovačević received the mentioned indictment by which he is charged with murder ... It follows [from the case file] that he was also detained. This suggests that the accused knew that the criminal proceedings at issue had been pending against him and that he had been charged with a serious criminal offence. He [nevertheless] left his residence and the territory of Croatia and was arrested on the territory of a country where he did not have residence, namely Bosnia and Herzegovina, while he himself stated that he had residence in Serbia. All these circumstances as well suggest that there is a risk that the accused might again abscond and thereby hinder the termination of the reopened proceedings at issue.\nIn addition, as the panel of this court has found that the conditions for ordering detention in respect of the accused Nenad Kovačević under Article 123 § 1(1) of the Code of Criminal Procedure have been met, [it considers that] the measure of detention is necessary in order to avert the risk of absconding, which could not be achieved by bail or the alternative measures suggested by the accused and his defence lawyer. This is particularly true given the circumstances and severity of the offence at issue, and the fact that [the accused] is also a national of Serbia and that he himself stated that he had no residence in Croatia, which means that he could very easily leave the territory of Croatia.”", "18. The applicant appealed to the Supreme Court (Vrhovni sud Republike Hrvatske), arguing that the indictment had not been served on him but on his brother, who had been a minor at the time, and that he had left Croatia for personal reasons. He offered his Croatian and Serbian passports and his mother’s house in Croatia as bail to guarantee that he would not abscond. The applicant also contended that the decision of the Osijek County Court lacked the relevant reasoning concerning the possibility of his conditional release.", "19. The Supreme Court dismissed the applicant’s appeal as ill-founded on 4 November 2011. The relevant part of the decision reads:\n“Contrary to the appeal arguments, the Supreme Court as the second-instance court finds that the first-instance court correctly established that the defendant should be remanded in custody under Article 123 § 1(1) of the Code of Criminal Procedure.\nReasonable suspicion that the defendant committed the offence [of murder] follows from the final judgment by which he was found guilty and sentenced to nine years’ imprisonment, which had been adopted after a trial in absentia and in respect of which a retrial was granted. The general requirement for detention has therefore been met.\nFurthermore, it should be noted that the defendant, although aware that criminal proceedings were pending against him (he was questioned by an investigating judge, he was detained from 5 February to 21 May 1997, and he received the indictment), left the territory of Croatia and thereby became unavailable during the proceedings conducted before the Osijek County Court. He was arrested only after a sentence-execution judge issued an order for his arrest for the execution of the prison sentence, and [the arrest] was effected on the basis of an international arrest warrant in Bosnia and Herzegovina, although he stated that his residence was in Serbia.\nAll these circumstances, in the view of the Supreme Court as the second-instance court, suggest that there is a fear that the defendant, who is also a national of Serbia, if at large, could abscond and thereby hinder the course of the criminal proceedings. This in particular follows from his previous behaviour, the fact that he was unavailable to the judicial authorities for fourteen years and that he is again being tried for a serious criminal offence for which he had been found guilty in absentia and sentenced to nine years’ imprisonment ...\nThe appeal arguments of the defendant that he did not know that the criminal proceedings at issue were pending as he had not received the indictment are unfounded because the material from the case file suggests the opposite. The case file contains signed delivery notices which demonstrate that he duly received the indictment. He was also questioned before an investigating judge concerning the offence of which he was later found guilty, and for which he had also spent some time in pre-trial detention. There is therefore no doubt that he knew about the criminal proceedings pending against him.\nMoreover, the appellant is wrong in contending that a fundamental procedural omission occurred in that the impugned decision is not sufficiently reasoned in respect of the possibility of applying bail or some other alternative measure. The first-instance court provided sufficient and clear reasons for considering it necessary to order pre-trial detention under Article 123 § 1(1) of the Code of Criminal Procedure and why the same purpose could not be achieved by bail or any other alternative measure; and this second-instance court fully endorses those reasons.”", "20. On 9 December 2011 the applicant again requested that his pre-trial detention be replaced by bail or an alternative less restrictive measure. At the hearing held on 16 January 2012 he reiterated his request.", "21. The Osijek County Court dismissed the applicant’s request on 16 January 2012 and extended his detention under Article 123 § 1(1) of the Code of Criminal Procedure (risk of absconding), reiterating its previous reasoning.", "22. On 2 February 2012, following a retrial, the Osijek County Court upheld the applicant’s conviction in absentia, finding him guilty of the offence of murder and sentencing him to nine years’ imprisonment. It was also decided on the same day that the applicant should remain in detention pending a final judgment.", "23. The applicant appealed against that judgment to the Supreme Court. On 23 October 2012 the Supreme Court quashed the judgment and remitted the case to the Osijek County Court for re-examination on the grounds of the existence of procedural flaws.", "24. At the same time, the Supreme Court extended the applicant’s detention under Article 123 § 1(1) of the Code of Criminal Procedure (risk of absconding), reiterating its previous reasons.", "25. On 7 December 2012 the applicant lodged a constitutional complaint before the Constitutional Court (Ustavni sud Republike Hrvatske), challenging the decision on his pre-trial detention. He argued in particular that in view of the circumstances of the case, his detention was disproportionate and should be replaced by bail or an alternative less restrictive preventive measure.", "26. On 13 December 2012 the Constitutional Court dismissed the applicant’s constitutional complaint as ill-founded, endorsing the reasoning of the lower courts. That decision was served on the applicant’s representative on 17 December 2012.", "27. On 18 December 2012, having reheard the case, the Osijek County Court upheld the applicant’s conviction in absentia, finding him guilty of the offence of murder and sentencing him to nine years’ imprisonment. The applicant was remanded in custody pending a final judgment.", "28. That judgment was upheld by the Supreme Court on 18 June 2013 and it thereby became final. On 18 October 2013 the applicant challenged it before the Constitutional Court and the proceedings before that court are still pending." ]

[ "5" ]

[ 5, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 ]

[]

[ "5. The applicant was born in 1977 and is currently detained in Timişoara Prison.", "6. On 10 May 2013 he was detained in Jilava Prison Hospital after receiving a five year sentence for aggravated theft. From 16 June 2013 onwards he was allowed to serve his sentence in a semi-open detention regime. He was held in Timişoara Prison from 10 October to 12 November 2013, where he was transferred again on 16 December 2013. He remains there to date.", "7. In his initial letters to the Court, the applicant stated that he had been diagnosed with human immunodeficiency virus (HIV) prior to his incarceration, for which he required treatment.", "8. He stated that he had not received adequate medical treatment for his illness on account of a lack of funding, and that his family had had to assist him in this regard. Furthermore, even if he had tried to complain to the post‑sentencing judge about the matter, his request for a hearing had been denied on the erroneous ground that he had requested a hearing for legal matters.", "9. From May 2013 to November 2014 the applicant was examined, tested and treated regularly for his condition in prison and civilian medical centres and hospitals. He received a number of vitamins and was administered antiretroviral treatment on a daily basis.", "10. On 10 May and 26 November 2013 the infectious diseases ward of Bucharest Prison Hospital informed the socio-medical ward of Jilava Prison Hospital that they were monitoring the applicant’s condition. He was hospitalised there from 10 to 20 May and from 22 to 26 November 2013 respectively. It was noted, among other things, that on 9 May 2013 the applicant had been taken to a civilian hospital for blood tests, and that he had been undergoing treatment with antiretroviral medication, in particular Truvada, Prezista and Norvir. It was recommended that he follow a high‑calorie, protein-rich diet, take vitamins and liver protection medication, have an immunological and viral evaluation after six months, and continue with the aforementioned antiretroviral treatment.", "11. On 12 December 2014 Jilava Prison Hospital informed the National Prisons Agency (Administrația Națională a Penitenciarelor), among other things, that during his detention in the aforementioned facility the applicant had refused treatment through the national infectious diseases programme on the grounds that he could purchase it himself. In Romania, the drug Truvada was not included in the national programme, but could be replaced with Emtriva and Viread, which contained the same active substances. Upon his incarceration the applicant asked to be provided with Norvir and Prezista only, but the doctor had denied him the treatment as it would have been incomplete.", "12. On the same date the medical centre attached to Timişoara Prison informed the Government and submitted documents showing, among other things, that during his detention the applicant had lacked any HIV-related symptoms and complications. Also, his clinical and immunological condition and biological tests had remained normal. On 12 February 2014 the Timişoara Forensic Institute produced a forensic expert report in respect of the applicant’s condition, recommending, among other things, that he be hospitalised in Jilava Prison Hospital. On 8 March 2014 the applicant signed a waiver refusing hospitalisation on the grounds that his medical condition had been good, he had wanted to work, and he had been monitored by the local civilian hospital in October 2013, where further monitoring had already been scheduled to take place in May 2014. According to the monitoring carried out by that hospital in both May and November 2014, the applicant’s clinical and biological condition had remained normal.", "13. On 18 December 2014 the National Prisons Agency informed the Government, among other things, that the applicant had started antiretroviral treatment in 2007 after being incarcerated in Spain. During his detention he had been given a special high-calorie, protein-rich diet reserved for people with HIV. The authorities had also intended to give him the recommended treatment. His antiretroviral treatment consisted of a combination of four active substances grouped into three separate drugs. One of these was Truvada, which contained two active substances but was not available in the recommended combination through the national infectious diseases programme. For this reason, and given that the applicant had purchased the necessary medication himself, he had not been given treatment through the national programme. He had signed a waiver refusing to receive treatment through the programme and had therefore exercised his right to purchase his own medication. The treatment was administered to him under strict medical supervision. His medical condition had been good during his detention therefore there was no causal link between the conditions of his detention and a potential aggravation of his medical condition.", "14. In his initial letter to the Court, the applicant stated that he had been detained in overcrowded and squalid cells lacking sufficient air and light. He had also been detained with smokers even though he was a non-smoker.", "15. The National Prisons Agency informed the Government that during his detention in Jilava Prison Hospital and after his transfer to Timişoara Prison the applicant had signed a number of contradictory statements as to whether or not he was a smoker. Those dated 11 October 2013, 25 February 2014 and 2 June 2014 stated he was a smoker, whereas others dated 21 November 2013, 17 December 2013, 23 March 2014 and 1 September 2014 stated he was a non-smoker.", "16. The National Prisons Agency also informed the Government that during his incarceration in Jilava Prison Hospital the applicant had been detained in cells E2.16, E3.4 and E2.27.", "17. From 10 May to 10 October 2013 he had been detained in cell E2.16, which measured 40.3 square metres. He had shared this cell with between eight and fifteen detainees. It had two windows measuring 1.2 x 1.1 metres, which allowed natural ventilation. It also had a bathroom with a sink, two showers and a toilet with natural ventilation.", "18. From 21 November to 16 December 2013 the applicant had been detained in cells E3.4 and E2.27, which measured 27.3 and 34 square metres respectively. He had shared his cells with between two to four and eight detainees respectively. Each cell had a window measuring 1.2 x 1.1 m, which allowed natural ventilation. They also had a bathroom with a sink, two showers and a toilet with natural ventilation.", "19. Each detainee was allocated a hospital bed. The building had electricity and its own central heating system.", "20. The prison authorities complied with the relevant domestic rules when issuing inmates with cleaning materials. Cleaning and maintenance were carried out in accordance with these rules.", "21. During his detention in Jilava Prison Hospital the applicant had not initiated any proceedings before the post-sentencing judge under Law no. 275/2006.", "22. The National Prisons Agency also informed the Government that during his incarceration in Timişoara Prison the applicant had been detained in cells E1.1, E1.4 and E2.2.", "23. From 11 October 2013 to 23 January 2014 and from 27 June 2014 to date he had been detained in cell E1.1 which was an infirmary room; from 23 January to 21 March 2014 he had been detained in cell E2.2; and from 21 March to 27 June 2014 he had been detained in cell E1.4. The cells measured 32.02, 15.43 and 34.03 square metres and had eight, six and eight beds respectively, lined up in two rows. They all had furniture and standard cupboards for personal belongings. The number of detainees never exceeded the number of available beds. Each cell had a window measuring 1.25 x 1.40, 1.10 x 1.34 and 1.27 x 1.45 metres respectively, which allowed for optimal natural ventilation and light the room. Cells E1.1 and E1.4 had an annex with metal shelves for personal luggage and a bathroom with two sinks, showers and toilets with natural ventilation. Cell E2.2 had a bathroom with a sink, shower and toilet.", "24. During the cold season heating was permanently on in the cells and during the hot summer the cell doors remained open both at night and during the day to avoid any heat-related problems. The prison authorities issued inmates with cleaning materials and the cells and communal detention areas were cleaned daily by the detainees themselves. Inmates were also issued with personal hygiene products and allowed to wash their bedlinen regularly in the prison washroom.", "25. Detainees allowed to serve their prison sentence in a semi-open detention regime could spend time outside their cells from 8 a.m. to 12 p.m. and from 2 p.m. to 6 p.m. They were allowed access based on a pre‑approved schedule to the prison courtyards, which had sports equipment and tables and benches for leisure activities. They also had access to the library, classrooms and educational activity classes.", "26. During his detention in Timişoara Prison the applicant did not lodge a complaint with the post-sentencing judge or domestic courts concerning the conditions of his detention or a breach of his rights as a detainee. He only asked the prison authorities if he could work and his request was allowed. He was regularly informed of the need to maintain personal hygiene and was trained on health and safety in the workplace.", "27. On an unspecified date in 2013 the applicant asked the post‑sentencing judge attached to Jilava Prison Hospital for a hearing on legal matters.", "28. On an unspecified date the judge dismissed the applicant’s request on the grounds that it did not provide legal advice. He was informed that the relevant domestic rules prevented the post-sentencing judge from allowing detainees hearings to solve issues that fell outside its competence. It noted that according to the applicant’s request, he had not lodged a complaint about measures which could have interfered with his rights as a detainee or complained that he had been subjected to inhuman and degrading treatment or to discrimination.", "29. On 26 November 2013 the applicant asked the warden of Jilava Prison Hospital if he could be assigned to a non-smoking room because he was a non-smoker.", "30. On an unspecified date in 2013 the warden of Jilava Prison Hospital dismissed his request stating, among other things, that smoking was prohibited in the applicant’s section of the prison, and that his room was non-smoking.", "31. On 3 February and 19 March 2015 the parties submitted to the Court a detailed list of items the applicant had purchased from the prison shops from 16 October 2013 to 10 December 2014. According to that list, from 16 October 2013 to 30 August 2014 he had purchased cigarettes regularly but had seemed to stop purchasing from 2 September to 10 December 2014. He had also purchased lighters a few times.", "32. On 11 December 2014 the applicant signed a statement declaring that he had not lodged a complaint with the European Court of Human Rights against Timişoara Prison about the conditions of his detention or medical treatment received, and that his complaint had been lodged against Jilava Prison Hospital.", "33. On 19 March 2015 the applicant informed the Court that his situation had not changed at all. He was still being denied the necessary treatment for his condition, detained with smokers and purchasing his own food." ]

[ "3" ]

[]

[]

[ "6. The applicants were born in 1959, 1964, 1968, 1946, 1980, 1948, and 1958 respectively. The first, second, fourth and fifth applicants live in Podgorica (Montenegro), the third applicant lives in Windsor (Canada), the sixth applicant lives in Farmington Hills (USA) and the seventh applicant lives in Troy (USA).", "7. The facts of the cases as submitted by the parties may be summarised as follows.", "8. In the early morning hours of 9 September 2006 a special anti-terrorist unit arrested seventeen persons, including the applicants, on suspicion of associating for the purpose of anti-constitutional activities (udruživanje radi protivustavne djelatnosti), preparing actions against the constitutional order and security of Montenegro (pripremanje djela protiv ustavnog uređenja i bezbjednosti Crne Gore) and illegal possession of weapons and explosives (nedozovoljeno držanje oružja i eksplozivnih materija).", "9. The applicants maintain that as of the moment of their arrest and during the next few days, during police detention as well as when being taken to the investigating judge, they were ill-treated with the aim of extorting statements. In particular, they were beaten, deprived of food, verbally abused, including on the basis of their ethnic origin, and threatened by police officers.", "10. On 11 and 12 September 2006, when interrogated by the investigating judge of the High Court, the applicants made statements to that effect. The investigating judge included these statements in the interrogation minutes, as well as the following: (a) the third applicant had a bandage on his head beneath which there was a visible cut (razderotina), as well as a haematoma (krvni podliv) on the upper part of his left cheekbone (jagodica); (b) the fourth applicant admitted that he did not have any injuries; (c) the fifth applicant had a haematoma on both shoulders, in the area above both elbows, a scratch on the outside part of his left ankle (skočni zglob), and a haematoma on the left ankle as well as on the outside part of the left thigh, the dimensions of which were 10x1.5 cm; the fifth applicant also maintained that he had a pain in his right ear; and (d) the seventh applicant had scratches on his left elbow and left knee, and a haematoma on the left part of his back above the hip, and complained that his ribs hurt and that he could barely move and breathe.", "11. On 12 September 2006 a prison doctor examined the third and sixth applicants. He noted in a medical report that the third applicant had a 5 cm long scratch on top of his head, a dark blue haematoma on the left cheekbone measuring 4x0.3 cm, a dark blue haematoma stretching from his left nipple to his armpit measuring 25x3 cm and a large hematoma above the left elbow. The doctor noted that there were no visible injuries on the sixth applicant’s body.", "12. On 14 September 2006 the first, second, fourth, fifth and seventh applicants filed a criminal complaint (podnijeli krivičnu prijavu) with the investigating judge against unknown police officers for extorting their statements (iznuđivanje iskaza), torture and ill-treatment in the period between 9 and 11 September 2006.", "13. Between 27 and 29 September 2006 all the applicants save for the third one signed written statements to their lawyers describing the ill-treatment they had been subjected to.", "14. On 13 October 2006 the above criminal complaint was amended so as to include the sixth applicant’s complaint to the same effect. The applicants also expressed their readiness to identify the officers who had ill-treated them. In addition, the first and second applicants complained against police officers who had taken them to the investigating judge on 11 September and 15 September 2006 for ill-treating, beating and insulting the two of them on those occasions.", "15. It would appear that on 28 October 2006 the third applicant lodged a criminal complaint with the investigating judge against D.R. and several other unidentified police officers. No copy of this complaint has been provided.", "16. On 17 November 2006 the Internal Control Division of the Police Directorate issued a report concerning the legality of police actions during the arrest and pre-trial proceedings. According to the report, a special internal control team was formed, which identified all the police officers involved in the action. A total of 136 interviews were conducted, both with the police officers and with family members of some of the arrested persons, apparently including the father of the first applicant as well as the owner of the house in which the seventh applicant had been arrested. None of the two latter mentioned any force being used against the first and seventh applicants. The police officers involved denied all unlawful actions. The Special Prosecutor for Prevention of Organised Crime stated that none of the arrested persons had been tortured to her knowledge. The investigating judge stated that they had complained about torture and that their statements to that effect had been noted in the interrogation minutes. Medical reports issued in prison stated that the first, second and sixth applicants had no visible injuries, the fifth applicant had “several scratches and suffusion” and the seventh applicant “redness the size of 1 euro” on his left shoulder. The report suggested that the injuries observed in respect of two other detainees arrested on the same occasion had been inflicted when these persons had confronted the police officers during the arrest, on which a special official record had been made. On the basis of such findings the Internal Control Division could not confirm that there were any grounds for establishing the involved officers’ responsibility. However, it was decided that all the relevant documents should be submitted to the State Prosecutor for further consideration.", "17. On 15 June 2007, during the main hearing (glavni pretres), the fourth applicant stated that he had been beaten at the police station on his head and body, and his ribs had been broken.", "18. On 30 October 2007 the first applicant submitted to the State Prosecutor (Osnovni državni tužilac) the name of M.L., a police officer who had been on the same shift as the officer who had allegedly ill-treated him on 9 September 2006 and who therefore presumably knew the name of that officer.", "19. On 14 January 2008 the first and second applicants urged the State Prosecution Department (Osnovno državno tužilaštvo) in Podgorica to act upon their criminal complaint. The first applicant also submitted the number of the police badge of one of the officers who allegedly had boasted in front of another detainee of having personally beaten the first applicant.", "20. On 30 May 2008 the third applicant submitted to the Supreme State Prosecutor the name of one of the officers who had been present during his questioning in the police station. At the same time he urged the Prosecutor to deal with his criminal complaint, to identify all the officers who had been involved in his arrest as well as to establish the treatment meted out to him during police detention.", "21. On 16 June 2008 the second applicant urged the State Prosecution Department to deal with his complaints. He also submitted the names of some of the police and prison officers who had allegedly ill-treated the applicants on 9, 11 and 12 September 2006. He reiterated that there had been other officers and special unit members who had ill-treated them, who were still unidentified.", "22. On 25 September 2008 a prison doctor examined the seventh applicant and noted in a medical report that he had reported pain in his spine going back ten years, which pain had become more acute over the last 12 months, that he was urinating more often, his blood pressure was 110/70, he could not walk on his toes, and that his lungs were fine. A part of the medical report was illegible due to bad handwriting.", "23. The fourth applicant submitted to the Court a medical report issued by a private hospital in Podgorica on 9 June 2010. During this medical examination the fourth applicant stated, inter alia, that he had been beaten by the police in 2006, but that he had not consulted a doctor about that. The medical report stated, inter alia, that he had an old double fracture of the fourth rib, as well as an old fracture of the right clavicle (klavikula). The doctor had diagnosed high blood pressure and prescribed treatment for him.", "24. On 10 November 2010 the fifth applicant was examined in a private ambulance, and the medical report issued on that occasion stated that he had a chronic post-traumatic stress disorder.", "25. It would appear that none of the above criminal complaints or their further supplements has been processed by the authorities to date.", "26. The applicants did not lodge a compensation claim with regard to the alleged ill-treatment.", "27. On 5 August 2008 the High Court, in a chamber composed of three judges, found the first, second, third, sixth and seventh applicants guilty of associating for the purposes of anti-constitutional activities and preparing actions against the constitutional order and security of Montenegro. In particular, it was established that in the period between mid-2004 and 9 September 2006 the first and second applicants, with two other co-accused, had met with some members of the so-called Kosovo Liberation Army (“KLA”) in the wider area of Podgorica, Kosovo[1], Albania and the USA, and created an association the aim of which was to undermine the constitutional order and security of Montenegro and create within Montenegro a territory with special status, inhabited by persons of Albanian ethnicity, contrary to the Montenegrin constitutional order. Subsequently, the third, sixth and seventh applicants had become members of this organisation. The fourth and fifth applicants were found guilty of illegal possession of weapons and explosives.", "28. The first applicant was sentenced to six years’ imprisonment, the second applicant to five years, the third, sixth and seventh applicants to three years each, the fourth applicant to three months and the fifth applicant to six months. By virtue of the same judgment a large variety of weapons, ammunition, and various other objects, such as military clothes, caps, gloves, binoculars, and flags with the KLA logo, were confiscated from the first and second applicants, as well as a diary belonging to the first applicant. A certain number of weapons and some explosives were confiscated from the fourth and fifth applicants. All the applicants, save for the third one, were ordered to pay court fees (po osnovu paušala).", "29. The judgment was based on the following evidence: the statement made by the first applicant to the police, his diary and its translation done by the first applicant at the police station, written confirmation of the search of the first and second applicants’ flats and other premises, minutes of the searches, an official report on the weapons found, an official receipt on objects seized from the first and second applicants and relevant photo-documentation, terrain search, including in caves, weapons, ammunition and explosives found there and relevant photo-documentation, minutes of the searches of some of the other co-accuseds’ flats and other premises, statements of some of the other co-accused, evidence obtained through measures of secret surveillance, including transcripts of a number of telephone calls, reports on border crossings, the statements of three police officers who had conducted the searches, a statement of the first applicant’s police-appointed lawyer who was present during the first applicant’s interrogation at the police station, the opinion of expert witnesses and a search warrant issued by the High Court investigating judge on 8 September 2009.", "30. The High Court did not take into account other evidence, such as, inter alia: the statements given by the second, third, fourth and fifth applicants at the police station, as these applicants had not been properly advised that they were entitled to use their own language and to have the assistance of an interpreter; and the minutes of the searches of several other co-accuseds’ flats, as the witnesses who had attended the searches were related to those whose flats had been searched (wife, son, sister-in-law).", "31. The High Court considered that the first applicant’s rights had not been breached in the pre-trial proceedings (u pretkrivičnom postupku) and that the search of his flat and other premises had been conducted in accordance with the relevant provisions of the Criminal Procedure Code. In particular, the search warrant had been issued by the investigating judge on 8 September 2006 at 1.40 p.m., and the search had been conducted on 9 September between 6 and 8 a.m. While the search had not been attended by two witnesses, this was allowed by a relevant provision of the Criminal Procedure Code, which provided for a search without witnesses if it was impossible to secure the presence of any at once and there was a danger that the relevant action would be postponed (postoji opasnost od odlaganja). The reasons why the search had been conducted without witnesses had to be noted in the search minutes (moraju se naznačiti u zapisniku). One of the police officers who had conducted the search testified that it had been impossible to find two witnesses at the time as the search had been conducted early in the morning. According to him, this was not mentioned in the search minutes as the minutes had been made on the spot (zapisnik o pretresanju sačinjen na licu mjesta i zbog toga nijesu navedeni razlozi za pretresanje bez prisustva svjedoka). However, the search had been attended by the first applicant himself, who had duly signed the minutes and had no objections to them.", "32. The High Court further established that the first applicant had been questioned at the police station on 9 September 2009 at 5 p.m. in the presence of a police-appointed lawyer with whom he had consulted before making a statement. The lawyer testified that the first applicant had been questioned in accordance with the law and that he had not noticed any injuries on him. The first applicant had confirmed during the questioning that he had been writing a diary, and that he could translate it as it was written in Albanian. The lawyer was present during the translation of the diary as well.", "33. The sixth and seventh applicants were convicted on the basis of the first applicant’s statement made at the police station and the contents of his diary, the two being compatible. In particular, it was established, on the basis of these two pieces of evidence, that the seventh applicant had arrived from the USA in Albania on 30 March 2006, that he had been informed about the plans of the association and had attended a subsequent meeting. In this way, the court concluded, the seventh applicant had manifested his membership of the association and participation in its preparatory work. It was further found, on the basis of the same evidence, that on 1 September 2006 the sixth and seventh applicants had been informed that the war in the relevant part of Montenegro should begin on 10 September 2006, in which way the sixth applicant had manifested his membership of the association, as well as by accepting an invitation to go to the next meeting taking place in Skadar (Shkodër, Albania). On 4 September 2006 several persons, including the sixth and seventh applicants, had met in Skadar and had agreed on how to carry out the planned acts. In particular, the seventh applicant had expressed his support, said he had been to Kosovo himself to explore the realisation of the plan (radi izviđanja mogućnosti realizacije plana), and wondered if their plans would affect Kosovo’s independence. The meeting was concluded by another co-accused’s statement that the Kosovo army would enter Montenegro “around Saturday, that is on 9 September 2006, and [that] they want[ed] to do their job”. The High Court concluded that the first applicant’s defence during the pre-trial proceedings was in logical connection with the contents of his diary. This evidence was found to be further supported by a report on their border crossings, which data entirely coincided with the dates and times of border crossings mentioned in the first applicant’s diary and his statement made at the police station. Lastly, both the statement and the diary were further supported by an official police report of 30 November 2006, which confirmed the existence of all the objects and places described in the diary.", "34. Finally, the first-instance court did not accept that the criminal offences contained in the indictment had been committed in an organised manner as the indictment did not claim that the motive was profit or power, this being one of the mandatory conditions for a criminal offence to fall within the notion of organised crime.", "35. All the applicants appealed against the High Court judgment. The first, second, fifth, sixth and seventh applicants’ appeals, contained in the case-file, included a complaint about the torture and ill-treatment, and a lack of an investigation in that respect.", "36. On 18 June 2009 the High Court judgment was upheld by the Court of Appeals. In particular, it was held that there had been no procedural violations in the first-instance proceedings and that the first-instance judgment was based on legally valid evidence, including the statement made by the first applicant at the police station, the minutes of the search conducted in his flat and other premises, as well as the evidence obtained by that search, including his diary.", "37. The first applicant was considered to have been interrogated in accordance with all the procedural guarantees, as confirmed by his police- appointed lawyer, who had not noticed any injuries on him. The same lawyer had also been present when the first applicant had translated the diary, and had signed the interrogation minutes afterwards.", "38. The search of the first applicant’s flat was held to have been conducted in accordance with the law and, therefore, all the evidence obtained thereby was legally valid, including the diary. In particular, the investigating judge had issued the search warrant the day before the search. The search had not been witnessed by two adults as it was impossible to find any witnesses in the early morning hours. No statement to this effect was included in the minutes as they had been drafted on the spot. This conclusion was based on the testimony of one of the officers who had conducted the search. As regards the diary, it contained a clear and convincing description of the criminal acts undertaken. The contents of the diary were further supported by the first applicant’s defence in the pre-trial proceedings, and were further compatible with the border crossing reports, the evidence obtained through measures of secret surveillance, transcripts of telephone conversations, and the weapons found on the terrain (in caves).", "39. The first-instance court had established all the facts, in particular on the basis of the statement the first applicant had made in the pre-trial proceedings and his diary. The first applicant had admittedly changed his statement during the main hearing claiming, in substance, that what he had said during the pre-trial procedure had been extorted by torture. However, this was rebutted by a statement of his police-appointed lawyer, who had been present at the time when the statement had been made. The validity of this evidence was not called into question (nije dovedena u pitanje) by any other evidence, but was actually further supported thereby. Membership of an association could be manifested in various ways, and the sixth and seventh applicants, in particular, had manifested it by taking part in the meetings where the activities for achieving the association’s goal were discussed.", "40. The Court of Appeals agreed that the criminal acts of which the accused were convicted had not been committed in an organised manner as the indictment did not allege that their motive was profit or power.", "41. This decision was served on the applicants on 30 July 2009 at the earliest.", "42. On 25 December 2009 the Supreme Court ruled on the first, second, third and fourth applicants’ appeal on points of law (zahtjev za ispitivanje zakonitosti pravosnažne presude). They challenged, inter alia, the conclusion that there had been no time to find two adults to witness the search of the first applicant’s flat and the composition of the first-instance court. The Supreme Court, in substance, endorsed the reasoning of the High Court and the Court of Appeals. In particular, the composition of the first-instance court was in accordance with the law, as Article 510 of the Criminal Procedure Code explicitly provided that a three-judge bench would try criminal acts of organised crime, and the trial of all the accused was based on an indictment of the Supreme State Prosecutor – Section for Suppression of Organised Crime, Corruption, Terrorism and War Crimes. The fifth, sixth and seventh applicants did not lodge an appeal on points of law.", "43. Between 26 March and 24 May 2010 the first, second, third and fourth applicants lodged constitutional appeals with the Constitutional Court. The third and fourth applicants complained, inter alia, about torture, inhuman and degrading treatment. On 23 July 2014 the Constitutional Court dismissed the constitutional appeal considering, in particular, that the complaint about torture, inhuman and degrading treatment was unsubstantiated given that the applicants had failed to submit any evidence in that regard. The fifth, sixth and the seventh applicants would not appear to have lodged a constitutional appeal.", "44. The sixth applicant submitted two medical reports, issued by a prison doctor on 10 December 2007 and 16 September 2008, respectively.", "45. The report issued in December 2007 is largely illegible. The legible part states that the sixth applicant complained about pain in his right shoulder and problems in moving it (otežane pokrete). There was a diagnosis of naevus sebaceus, i.e. a mole on a sebaceous gland.", "46. The copy of the medical report issued on 16 September 2008 is partly illegible. The legible parts state that the applicant had pain all over his body with frequent headaches and poor sleep. His blood pressure was 140/85, walking on toes and heels was nearly impossible, and it was recommended that an X-ray of the spine be done. Two medications were prescribed together “with the usual treatment he [was] taking”. He was diagnosed with “HTA, lumbago, and suspected kind of (illegible) discus”.", "47. The Government submitted the entire medical file of the sixth applicant. While part of the medical reports is illegible, from the legible part transpires the following.", "48. On 12 September 2006, when he was remanded in custody, the sixth applicant was examined by a prison doctor. On that occasion the sixth applicant claimed that he had been beaten and that he had high cholesterol. The doctor noted that there were no visible injuries on the sixth applicant’s body, and that he already had the treatment prescribed for high cholesterol.", "49. Between 2 October 2006 and 24 December 2008 the applicant was examined 35 times in total: twice in 2006, 15 times in 2007 and 18 times in 2008.", "50. During the examinations in 2006 the applicant complained about pain in his right shoulder and in general in his arms and joints. He was diagnosed with chronic rheumatism and sinusitis, and the necessary treatment was prescribed. Both times his blood pressure was optimal, and his heart, lungs and other organs were free of any illness.", "51. In 2007 and 2008 the sixth applicant was examined by a number of specialists including a dermatologist, a psychiatrist, a physiatrist, and a specialist in internal medicine, who all prescribed the necessary treatments. He also had a number of tests done, such as laboratory blood analysis, five ultra-sounds of the kidneys and abdomen, ECG, and an X-ray of the upper part of the spine and three X-rays of the right shoulder, and his blood pressure was checked on various occasions.", "52. The examinations showed that the sixth applicant had slightly increased triglycerides and high cholesterol and that he had been under treatment for high blood pressure and high cholesterol for five years already; he had an ongoing ossification in his right shoulder, which was stated to be usual for his age, as well as in his neck; he also had a cyst in the right kidney, and the mole on the sebaceous gland for which the treatment was surgery but not urgently required. The medical analysis of his liver, spleen, and left kidney were fine.", "53. Between 11 and 15 September 2006, during the interrogation by the investigating judge, and in the presence of lawyers of their own choice, the first, second and fifth applicants confirmed that their mother tongue was Albanian, but that they spoke Serbian well and that they did not need an interpreter. It is also clear from the case file that the first applicant is a school teacher of the Serbian language in Montenegro. The other applicants were interrogated with the assistance of an interpreter. The first and second applicants confirmed that they had officially-appointed lawyers in the police station. While the first applicant had consulted his police-appointed lawyer before having made a statement, the second applicant would appear to have spoken with his after having made a statement. After having consulted the lawyers of their own choice at the interrogation before the investigating judge the first, second, third and seventh applicants said they would not answer any questions or present their defence.", "54. On 14 May 2008 the State Prosecutor indicted five police officers for torturing and ill-treating the father of the first and second applicants on the occasion of their arrest. On 21 October 2010, after a remittal, the defendants were acquitted, which judgment was upheld by the High Court on 18 May 2011. On 14 February 2014 the Constitutional Court dismissed a constitutional appeal, which had been lodged against these decisions on 15 August 2011 by the first applicant on behalf of his father, who had passed away in the meantime.", "55. In a statement made to his lawyer on 1 February 2008 the sixth applicant wrote that the medical report issued in 2007 contained a recommendation that he should have another dermatological check-up in two months, which check-up had not taken place, and that, contrary to what was in the report, he had not had any physiotherapy. He also maintained that he could not communicate with the doctor as the doctor could not speak English or Albanian. The sixth applicant claimed that his health situation was far from regular and referred to the shoulder pain, high blood pressure, high cholesterol, permanent headache, sleeplessness, dizziness and total exhaustion. He stated that “numerous appeals” made by him personally, his lawyer and US Embassy personnel, seeking a competent medical examination, had remained unanswered. No details with regard to these appeals have been provided in the case file. There is also no evidence that this statement of the sixth applicant has ever been submitted to anyone except his lawyer.", "56. The sixth applicant also submitted a letter addressed to the President of the High Court, apparently written by a Consular Officer of the US Embassy in Montenegro on 1 February 2008. The letter stated that the sixth applicant, during regular visits of a representative of the US Embassy, consistently complained about his medical problems, in particular about the growth of a mole on his face and a shoulder pain. It further transpires from the letter that the sixth applicant had been visited by a dermatologist on 10 December 2007, but that it was impossible to take a sample of the mole as no appropriate equipment was available in the prison. The letter went on to say that the sixth applicant had been prescribed treatment for the shoulder pain, but that he had stopped taking it as it made him nauseous. The submitted copy of the letter bears no logo of the US Embassy, no signature of an authorised person, and no stamp indicating that it has ever been submitted to the High Court." ]

[ "3", "6" ]

[ 4, 5, 6, 8, 25, 27, 32, 36, 37, 42, 43, 44, 45, 46, 47, 48 ]

[]

[ "5. The applicant was born in 1959 and lives in Kaunas.", "6. In 1989 the local authorities assigned a plot of land measuring 0.03 hectares to the applicant for the construction of a house (hereinafter “the land”). In 1991 Kaunas City Council confirmed the validity of that decision.", "7. Between 1992 and 1994 the applicant obtained a building permit and began laying the foundations. According to the applicant, he subsequently had to suspend the building works due to the worsening economic situation, thus the house was not completed.", "8. In 1994 the applicant bought the land for a nominal price of 24 “single-use investment vouchers” (investiciniai čekiai) and 98 Lithuanian litai (LTL – approximately 28 euros (EUR)), which he paid to the Kaunas County Administration. In 2005 he signed a land purchase agreement with the Kaunas County Administration. The plot was subsequently registered in the Land Registry in his name.", "9. In 2006 third parties V.P. and T.I. brought a civil claim seeking restoration of their ownership rights to the land. They argued that they had already submitted requests for restitution of property in 1992, 2001 and 2003, so the land had been assigned and later sold to the applicant unlawfully.", "10. On 16 August 2007 the Kaunas City District Court allowed the civil claim. The court held that the applicant had been assigned the land unlawfully because the local authorities had an obligation to resolve restitution claims before assigning plots to new owners. Applying the principle of priority of former owners’ rights, the court annulled the administrative decisions assigning the land to the applicant and the land purchase agreement, and ordered the Kaunas County Administration to return LTL 122 (EUR 35) to the applicant. The land was returned to the State.", "11. On 23 January 2008 the Kaunas Regional Court upheld that decision.", "12. The applicant lodged a cassation appeal. On 30 April 2008 the Supreme Court refused to examine it on the ground that it did not raise any important legal issues.", "13. In September 2008 the applicant requested the Kaunas regional prosecutor to investigate whether V.P. and T.I. had produced false documents proving their ownership rights. The prosecutor refused to launch an investigation on the ground that no crime appeared to have been committed. The domestic courts upheld that decision." ]

[ "P1-1" ]

[ 1, 3, 5 ]

[]

[ "5. The facts of the cases, as submitted by the parties, are similar to those presented in Association “21 December 1989” and Others v. Romania (nos. 33810/07 and 18817/08, §§ 12-41, 24 May 2011) and in Bosnigeanu and Others v. Romania (nos. 56861/08 and 33 others, §§ 5-15, 4 November 2014). They belong within the same historical context and relate to the same domestic criminal proceedings as those at issue in the above-mentioned case.", "6. Between 21 and 23 December 1989, the applicants took part in the anti-communist demonstrations in Bucharest which led to the fall of the communist regime.", "7. In 1990, following the overthrow of the communist regime, the military prosecutor’s office opened a criminal investigation in respect of the December 1989 armed crackdown on the anti-communist demonstration in Bucharest.", "8. According to the documents submitted to the Court by the parties, all the applicants were interviewed at the military prosecutor’s office as witnesses in connection with the use of violence against civilian demonstrators. Subsequently, they lodged criminal complaints and joined the criminal proceedings as civil parties, citing the psychological suffering they had experienced following the violent crackdown on the anti‑communist demonstration. It appears from the medical certificates issued between April 2008 and February 2009 and submitted by the applicants to the domestic criminal investigation file that they did not present any medical symptoms when they were examined following their involvement in the tragic events. Nevertheless, it could not be ruled out that they suffered psychological trauma at the time of the events in question.", "9. The criminal investigation appears to be still pending before the prosecuting authorities. The most important procedural steps were summarised in Association “21 December 1989” and Others, cited above (§§ 12-41). Subsequent developments in the investigation are as follows.", "10. On 18 October 2010 the military prosecutor’s office at the High Court of Cassation and Justice decided not to institute criminal proceedings with regard to the acts committed by the military, finding that the applicants’ complaints were partly statute-barred and partly ill-founded. The investigation into crimes committed by civilians, members of the Patriotic Guards, members of militia and prison staff was severed from the case file and jurisdiction was relinquished in favour of the prosecuting authorities at the High Court of Cassation and Justice.", "11. On 15 April 2011 the chief prosecutor at the military prosecutor’s office set aside the decision of 18 October 2010 on the grounds that the investigation had not yet been finalised and not all victims and perpetrators had yet been identified.", "12. On 18 April 2011 the military prosecutor’s office relinquished jurisdiction in favour of the prosecutor’s office at the High Court of Cassation and Justice on the ground that the investigation concerned both civilians and military.", "13. On 9 March 2012 – following the opening to the public in 2010 of the classified information in the criminal investigation file – the case was re‑registered with a view to an investigation in the light of the recently available data.", "14. This investigation appears to be still pending before the domestic authorities.", "15. The main facts of these cases concerning the crackdown on anti‑government demonstrations between 13 to 15 June 1990 are similar to those presented in Mocanu and Others v. Romania [GC] (nos. 10865/09, 45886/07 and 32431/08, §§ 14-49, 55-72, 78-110, and 137-168, ECHR 2014 (extracts)).", "16. Between 13 and 15 June 1990 a violent crackdown took place against demonstrators who were occupying University Square and other areas of Bucharest and protesting against the newly installed government. The armed intervention of military forces, followed by the arrival of thousands of miners transported to Bucharest (mainly from the Jiu Valley mining region) to take part in the crackdown on the demonstrators, resulted in more than a thousand civilian casualties, of whom a hundred were killed and several hundred injured or arrested. The applicants in the above‑mentioned cases participated in the events, during which they allegedly suffered injuries. No relevant medical documents were appended to the case file.", "17. Separate criminal investigations into the crimes committed during the violent repression of the demonstrations were opened in 1990 by several prosecutors’ offices in Bucharest under different files. Subsequently, these cases were joined and, in 1997, jurisdiction over them was relinquished in favour of the military prosecutor’s office at the High Court of Cassation and Justice. During the military prosecutor’s investigations, several decisions were adopted in which decisions were reversed, charges were disjoined and jurisdiction relinquished to other domestic authorities. The applicants joined the domestic criminal proceedings as civil parties.", "18. A decision not to bring a prosecution was adopted on 17 June 2009. An appeal lodged against that decision was dismissed on 3 September 2009 by the head prosecutor of the relevant section of the prosecutor’s office at the High Court of Cassation and Justice. Those decisions have been upheld in several judgments of the High Court of Cassation and Justice." ]

[ "6" ]

[]

[]

[ "6. The applicant was born in 1951 and lives in Weinheim.", "7. On 18 and 19 July 2005 the applicant, who campaigns against abortion, distributed leaflets in the immediate vicinity of the medical practices of anesthetists Dr M. and Dr R., who run a day clinic. Furthermore, the applicant deposited leaflets in all letterboxes in the vicinity of the day clinic.", "8. The front page of the leaflets contained the following text in bold letters:\n“In the day clinic Dr M./Dr R. [full names and address] unlawful abortions are performed” (“In der Tagesklinik Dr.M./Dr.R. [...] werden rechtswidrige Abtreibungen durchgeführt”)", "9. Followed by an explanation set in smaller letters:\n“which are, however, allowed by the German legislator and are not subject to criminal liability. The attestation of counselling protects the “doctor” and the mother from criminal responsibility, but not from their responsibility before God.” (“die aber der deutsche Gesetzgeber erlaubt und nicht unter Strafe stellt. Der Beratungsschein schützt „Arzt“ und Mutter vor Strafverfolgung, aber nicht vor der Verantwortung vor Gott.“)", "10. A box below contained the following text:\n“According to international criminal law: murder is the intentional “bringing-to-death” of an innocent human being!” (“Sinngemӓβ aus den internationalen Strafgesetzen: Mord ist das vorsӓtzliche “Zu-Tode-Bringen” eines unschuldigen Menschen!”)", "11. On the back of the folded leaflet, the applicant quoted the Federal Constitutional Court’s leading judgment with regard to abortion (see paragraph 28 below) as well as a statement by Christoph‑Wilhelm Hufeland, the personal physician of Goethe and Schiller, dealing with the role of doctors in relation to voluntary euthanasia and abortion. He also cited section 12 § 1 of the Law on Conflicts in Pregnancy (see paragraph 27 below) and asked readers to make use of their influence on those performing and assisting in abortions.\nFurthermore, the following text appeared on the back of the folded leaflet:\n“The murder of human beings in Auschwitz was unlawful, but the morally degraded NS-State allowed the murder of innocent people and did not make it subject to criminal liability.” (“Die Ermordung der Menschen in Auschwitz war rechtswidrig, aber der moralisch verkommene NS-Staat hatte den Mord an den unschuldigen Menschen erlaubt und nicht unter Strafe gestellt.”)", "12. Below this sentence the leaflet referred to the website “www.babycaust.de”. This website, which was operated by the applicant, contained, inter alia, an address list of so-called “abortion doctors”, in which the day clinic and the full names of Dr M. and Dr R. were mentioned. This list was accessible on the website under the link “death or life”/“request for prayers for Germany” (Gebetsanliegen für Deutschland).", "13. Dr M. and Dr R. filed a request for a civil injunction against the applicant. They submitted that only legal abortions were performed at their day clinic. The applicant’s leaflet created the erroneous impression that the abortions performed were contrary to the relevant legal provisions.", "14. On 22 January 2007 the Ulm Regional Court granted the requested injunction and ordered the applicant to desist from further disseminating in the immediate vicinity of the day clinic leaflets containing the plaintiffs’ names and the assertion that unlawful abortions were performed in the plaintiffs’ medical practice. The Regional Court further ordered the applicant to desist from mentioning the plaintiffs’ names and address in the list of “abortion doctors” on the website “www.babycaust.de”.", "15. The Regional Court considered that the statements in the applicant’s leaflet made the incorrect allegation that abortions were performed outside the legal conditions. This was not called into question by the further explanation that the abortions were not subject to criminal liability, as the whole layout of the leaflet was intended to draw the reader’s attention to the first sentence set in bold letters, while the further additions were set in smaller letters with the intent of dissimulating their content. The Regional Court further considered that by singling out the plaintiffs, who had not given him any reasons to do so, the applicant had created a so‑called “pillory effect”. The allegations raised by the applicant seriously interfered with the plaintiffs’ personality rights. It followed that the applicant’s right to freedom of expression had to cede.", "16. The Regional Court considered that the same principles applied to the mentioning of the plaintiffs’ names on the website entitled “babycaust.de”. This implied a connection between the plaintiffs and crimes which were, according to the applicant, comparable to the crimes committed by the Nazis during the Holocaust, and was not covered by the applicant’s freedom of expression and had thus not to be tolerated by the plaintiffs.", "17. On 27 October 2007 the Stuttgart Court of Appeal rejected the applicant’s appeal. It did not find it necessary to examine whether the text of the leaflets had to be qualified as a statement of facts or as an expression of opinion as, in any event, the applicant’s freedom of opinion had to cede. The Court of Appeal confirmed the Regional Court’s assessment that the text in the leaflet implied that the plaintiffs performed unlawful actions. This was not called into question by the further explanations, as the average reader could not be expected to draw the distinction between the act of abortion which was justified under Article 218a § 2 of the Criminal Code and the act of abortion which was merely exempt from prosecution under Article 218a § 1 of the Criminal Code (see paragraph 26 below). Seen from a layman’s point of view, the text of the leaflet created the impression that the act of abortion, as permitted by the German legislator, amounted to unlawful homicide, or even to murder. The statement was at the very least ambiguous and had not to be tolerated by the plaintiffs.", "18. Even if one were to assume that the leaflet did not contain a wrong statement of facts, the applicant’s freedom of expression had to cede. The Court of Appeal reiterated that freedom of expression conveyed the right to express an opinion even in an offending, shocking or disturbing way. If the expression of opinion was part of a debate on matters of public interest, there was an assumption militating in favour of freedom of expression. However, in the instant case the applicant had created a massive “pillory effect” by singling out the plaintiffs, who had not given the applicant any reason to do so. The performance of abortions was criticised with harsh and rigid words. This was further aggravated by the Holocaust reference. The Court of Appeal further noted that the applicant was not under any specific pressure to express his general criticism of the facilitation of abortions with such a massive violation of the plaintiffs’ personality rights.", "19. The Court of Appeal further considered that it had not been necessary for the plaintiffs to submit the exact content of the website, as this website was generally accessible and its content was thus known. It then went on to state:\n“The content of the webpage is likewise characterised by the fact that the defendant labels individuals, including the plaintiffs, “abortion doctors” and puts their actions on a level with the national-socialist Holocaust and with mass murder. Therefore, the plaintiffs’ claim to compel the defendant to refrain from performing the impugned action must be granted. In that connection, the court refers to its above reasoning. Furthermore, the defendant himself admitted that he had, on the webpage, labelled the plaintiffs “abortion doctors” who are directly or indirectly involved in the performance of abortions.”", "20. The Court of Appeal did not grant leave to appeal on points of law.", "21. On 12 February 2008 the Federal Court of Justice refused the applicant’s request for legal aid, on the ground that the applicant’s intended appeal on points of law lacked sufficient prospect of success.", "22. On 17 March 2008 the applicant lodged a constitutional complaint against the judgments of the Ulm Regional Court, of the Stuttgart Court of Appeal and against the decision of the Federal Court of Justice. He complained, in particular, that the impugned decisions violated his right to freedom of expression.", "23. On 2 July 2009 the Federal Constitutional Court, sitting as a Committee of three judges, refused to admit the applicant’s complaint for adjudication for being inadmissible, without providing reasons (no. 1 BvR 671/08). This decision was served on the applicant’s counsel on 18 July 2009.", "24. On 8 June 2010 the Federal Constitutional Court, sitting as a Committee of three judges, granted a further constitutional complaint of the applicant dealing with another set of proceedings before the Munich Regional Court and the Munich Court of Appeal (no. 1 BvR 1745/06). In this set of proceedings the courts had granted a civil injunction against the applicant, as the Ulm Regional Court and the Stuttgart Court of Appeal had done in the present case. They had ordered him, inter alia, to desist from disseminating leaflets similar to the ones now in dispute in the immediate vicinity of another gynaecological practice and to desist from publishing on his webpage the information that the doctor in question had performed or assisted in “unlawful” abortions.", "25. The Federal Constitutional Court held that the civil injunction had violated the applicant’s right to freedom of expression as provided in Article 5 § 1 of the German Basic Law (Grundgesetz) because the civil courts had not sufficiently taken into account that the doctor, who had himself publicly announced on the Internet that he performed abortions in his gynaecological practice, had not been confronted with an extensive loss of social reputation as a result of the applicant’s activities. Furthermore, it underlined that the applicant had only blamed the doctor for having carried out allegedly immoral acts, but had not reproached him for having committed acts which were subject to criminal liability or forbidden by law in a wider sense. The Federal Constitutional Court moreover insisted on the fact that the applicant had contributed to a highly controversial debate of public interest and pointed out that, against the factual background of that case, the courts had not sufficiently clarified why and to what extent the special relationship between the doctor and women searching for counselling and medical treatment in the practice might have been jeopardised." ]

[ "10" ]

[ 13, 18, 19 ]

[]

[ "5. The applicant was born in 1951 and lives in Paris.", "6. The applicant was recruited on a three-month fixed-term contract, from 1 October to 31 December 1999, extended for one year from 1 January to 31 December 2000, as a contracted employee of the hospital civil service, to carry out the duties of a social worker in the psychiatric unit of Nanterre Hospital and Social Care Centre (“the CASH”) a public health establishment administered by the City of Paris.", "7. On 11 December 2000 the Director of Human Resources informed the applicant that her contract would not be renewed with effect from 31 December 2000. The reason given for the decision – which had been taken following complaints by certain patients being treated at the CASH – was that the applicant refused to stop wearing her head covering.", "8. On 28 December 2000, in response to a letter from the applicant alleging the illegality of the refusal to renew her contract in that it was motivated by her convictions and her affiliation to the Muslim faith, the Director of Human Resources indicated that at the meeting of 30 November 2000 which had preceded the administration’s decision, she had not been criticised for her religious beliefs, but merely reminded of the rights and duties of public employees, namely the ban on manifesting such beliefs. He continued as follows.\n“I emphasised that I had been required to have a meeting with you following complaints made to Ms M., manager of the welfare and education unit, both by patients who were refusing to meet you on account of this display [of your beliefs] and by social workers for whom it was becoming increasingly difficult to operate in this very delicate situation. It should be noted that Ms M. raised these difficulties with you and tried to persuade you not to manifest your religious beliefs, even before the complaints reached HR. Indeed, it was only shortly before the meeting with you on 30 November that the unit managers were officially informed of the problem created by the fact of your head covering.\nWith regard to your head covering at the time of recruitment: as you are aware, the recruitment interview lasts, at the most, one hour. Individuals attend wearing ordinary “street” clothes, and do not necessarily have to remove their coats or scarves. The fact that your head was covered during that interview was not interpreted as a possible sign of [religious] affiliation, but simply as a form of attire.\nThe termination of your contract has a legal basis, and does not result from a discriminatory situation.”\nThe Director of Human Resources further reminded the applicant in this letter of the Opinion issued by the Conseil d’État on 3 May 2000. That Opinion stated that the principle of freedom of conscience, the principle of State secularism and the principle that all public services must be neutral prevented employees in the public sector from enjoying the right to manifest their religious beliefs; lastly, it pointed out that the wearing of a symbol intended to indicate their religious affiliation constituted a breach by employees of their obligations (see paragraph 26 below).", "9. By an application registered on 7 February 2001, the applicant asked the Paris Administrative Court to set aside the decision of 11 December 2000.", "10. By letters of 15 and 28 February 2001, the applicant was informed of the decision of the Director of Human Resources at the CASH to include her on the list of candidates for a recruitment test for social workers and to permit her to take part. This decision was taken on the basis of the decree of 26 March 1993 granting special status to social workers employed by State hospitals. That text stated that the social worker’s task was to assist patients and their families who were experiencing difficulties in their dealings with social services, by helping to draw up and implement the relevant programme in the establishment to which they were attached and also other social and educational programmes, in coordination, inter alia, with other institutions or social services. The applicant did not take part in the recruitment test.", "11. By a judgment of 17 October 2002, the Administrative Court held that the decision not to renew the contract had been compatible with the principles of secularism and the neutrality of public services.\n“... \nIn view of Law no. 83-634 of 13 July 1983 [laying down the rights and duties of civil servants, see paragraph 25 below] \n...\nAlthough civil-service employees, like all citizens, enjoy the freedom of conscience and of religion laid down in the constitutional, legislative and convention texts, which prohibit any discrimination based on their religious beliefs or their atheism, particularly in terms of access to positions, career progress and the disciplinary system, the principles of the secular nature of the State and the bodies to which its powers are delegated and of neutrality in public services preclude those employees, in the exercise of their duties, from being entitled to manifest their religious belief, especially through external sartorial expression; this principle, which is intended to protect the users of the service from any risk of influence or of interference with their own freedom of conscience, concerns all public services and not only the education service; this obligation must be applied with particular stringency in those public services where the users are in a fragile or dependent state;”\nIt dismissed the applicant’s action, pointing out that the decision not to renew her contract had been taken on account of her refusal to remove her veil “following complaints submitted by certain patients in the care centre and in spite of repeated warnings by her line managers and friendly advice from her colleagues”. The court considered that on the basis of the above-mentioned principles concerning the expression of religious opinions within the public services, the administrative authorities had not committed an error of assessment in refusing to renew the contract on the implied ground of her wearing of “attire manifesting, in an ostensible manner, allegiance to a religion”. It concluded “thus, even though [the applicant’s] employer tolerated the wearing of this veil for several months and [her] conduct cannot be considered as deliberately provocative or proselytising, the hospital has not acted illegally in deciding not to renew the contract following her refusal to stop wearing the veil”.", "12. By a judgment of 2 February 2004, the Paris Administrative Court of Appeal held that the contested decision was disciplinary in nature, in that “it transpires from both the letter of 28 December from the CASH’s Director of Human Resources and the hospital’s defence pleadings that [the decision] was taken on account of [the applicant’s] persistence in wearing a veil for religious reasons during her working hours”. It therefore quashed the decision on procedural grounds, given that the applicant had not been informed of the reasons for the envisaged measure prior to its adoption, nor given an opportunity to consult her case file.", "13. In execution of the Court of Appeal’s judgment, the Director of the CASH invited the applicant to inspect the case file. By a reasoned judgment of 13 May 2005, he confirmed that her contract would not be renewed in the following terms.\n“As a result of the judgment of the Paris Administrative Court of Appeal dated 2 February 2004, which held that the non-renewal of your fixed-term contract which expired on 31 December 2000 had been disciplinary in nature, we invited you again to inspect your administrative file on 10 May 2005, in order to bring the procedure into line with the regulations.\nAs required in execution of the same judicial decision, we hereby inform you that the disciplinary basis for the non-renewal of your contract is your refusal to remove your veil, in that it ostensibly manifests your religious affiliation.\nIn application of the principles of the secular nature of the State and the neutrality of public services, which underlie the duty of discretion imposed on every State employee, even those employed under contract, your refusal to remove your head covering when carrying out your duties effectively amounts to a breach of your obligations, thus exposing you to a legitimate disciplinary sanction, as the Conseil d’État held, with regard to the principle, in its Opinion concerning Ms Marteaux, dated 3 May 2000.\nOur decision not to renew the contract is all the more justified in the present case in that you were required to be in contact with patients when carrying out your duties.”", "14. By a letter of 29 June 2005, the Administrative Court of Appeal informed the applicant that the CASH had taken the measures required by the judgment of 2 February 2004. It advised her that, where a decision was set aside on procedural grounds, the administrative body could legally take new decisions that were identical to those that had been set aside, provided that they complied with the relevant procedure, and that the new decision of 13 May 2005 could be challenged before the administrative court.", "15. In January 2006 the applicant asked the Versailles Administrative Court to set aside the decision of 13 May 2005. She argued, in particular, that the Conseil d’État’s Opinion of 3 May 2000, relied upon by her employer, was intended to apply only to teachers.", "16. By a judgment of 26 October 2007, the court dismissed her request, basing its decision on the principles of State secularism and the neutrality of public services.\n“... However, while the Conseil d’État’s Opinion of 3 May 2000 specifically concerns the case of an employee in the public education service, it also clearly states that the constitutional and legislative texts show that the principles of freedom of conscience, State secularism and the neutrality of public services apply to the public services in their entirety; although civil-service employees, like all citizens, enjoy the freedom of conscience and of religion laid down in the constitutional, legislative and convention texts, which prohibit any discrimination based on their religious beliefs or their atheism, particularly with regard to access to positions, career progress and also the disciplinary system, the principles of the secular nature of the State and the bodies to which its powers are delegated and of neutrality in public services preclude those employees, in the exercise of their duties, from being entitled to manifest their religious belief, especially through external sartorial expression; this principle is intended to protect the users of the service from any risk of influence being exerted or of interference with their own freedom of conscience.\nIn view of the above-mentioned principles concerning the manifestation of religious opinions within the public service, the administrative body did not act illegally in refusing to renew the [applicant’s] contract on the implied ground of her wearing attire manifesting, in an ostensible manner, allegiance to a religion.”", "17. The applicant lodged an appeal against that judgment.", "18. By a judgment of 26 November 2009, the Versailles Administrative Court of Appeal upheld the judgment, reiterating the reasons given by the lower courts.", "19. The applicant appealed on points of law to the Conseil d’État. In her submissions, she emphasised that the Administrative Court of Appeal had deprived its judgment of any legal basis in that it had failed to specify the nature of the item of attire worn by her which had justified the sanction. She referred to the disproportionate nature of that sanction, and alleged that it had been incompatible with Article 9 of the Convention.", "20. By a judgment of 9 May 2011, the Conseil d’État declared the appeal inadmissible." ]

[ "9" ]

[ 3, 5, 6, 8, 11 ]

[]

[ "4. The applicant was born in 1958 and lives in Kyiv.", "5. On 24 February 2002 the applicant was travelling on a tram and was approached by Mr G. and Mr S., ticket inspectors employed by the Kyivpastrans municipal enterprise (“the transport company”). As subsequently established by domestic authorities in the indictment and in the judgment convicting S. (see paragraphs 31 and 34 below), there was a disagreement between the applicant and the inspectors as to whether he had a valid ticket. They insisted that the applicant pay a fine for travelling without a ticket, while he insisted that he had broken no rules. The applicant was asked to get off the tram. It was then agreed that the applicant would accompany the inspectors to a tram depot to resolve the dispute. While they were on their way to the depot S. kicked the applicant. In response the applicant sprayed the inspectors with tear gas from a can he had on him. S. then kicked the applicant in the left knee, causing a fracture. A struggle between the applicant and S. ensued. G. and S. then left the scene. The applicant could not stand up or walk following the knee fracture, he was helped to the nearby tram stop by the bystanders who called an ambulance for him. According to the applicant, he has been receiving treatment for his injury until early 2005.", "6. On 26 February 2002 the applicant made a statement to the police describing the circumstances of the incident. In particular, he stated that on the day of the incident he had been approached by two ticket inspectors who questioned the validity of his ticket, suggesting that he appeared too old to be using a student ticket. While they insisted that he pay a fine he insisted his ticket was in order. He volunteered to go with them to a police station to resolve the dispute. In response they suggested that they go to the tram depot instead and he agreed. On the way to the depot he was kicked from behind. He turned round and sprayed the inspectors with tear gas, and was kicked in the knee. He stated that he did not know the names of the inspectors but could identify them by sight.", "7. On 4 March 2002 a police investigator of the Svyatoshynskyy District Police Department (“the District Police Department”) refused to institute criminal proceedings into the incident. The investigator noted that the ticket inspector on duty on the tram line in question at the relevant time was identified as S. He went on to note that S. could not be contacted for an interview since he was said to be on sick leave from work and was not found at his home address. The investigator also noted that the gravity of the applicant’s injuries could only be evaluated after completion of the applicant’s treatment.", "8. On 5 March 2002 a forensic medical expert diagnosed the applicant with a knee fracture and classified this as bodily injuries of medium gravity.", "9. On 18 December 2002 the Svyatoshynskyy District Prosecutor’s Office (“the District Prosecutor’s Office”) quashed the decision of 4 March 2002 and instituted criminal proceedings on suspicion of deliberate infliction of bodily injuries of medium gravity. On the same day the District Prosecutor’s Office informed the applicant about this decision, also informing him that disciplinary proceedings had been initiated against the investigator who made the decision of 4 March 2002. According to the applicant, he first learned about the decision of 4 March 2002 from this letter from the District Prosecutor’s Office.", "10. On 24 December 2002 another investigator of the District Police Department commenced the investigation.", "11. On 28 December 2002 the investigator recognised the applicant as an aggrieved party in the criminal proceedings. On the same day the applicant was interviewed in this capacity.", "12. On 4 April 2003 the investigator sent a letter to the transport company enquiring whether S. had been working at the relevant time as a ticket inspector and asking the company to identify who S. had been working with on the day of the incident. In April 2003 the company responded that S. had indeed been working as an inspector at the relevant time, that G. had accompanied him on the day of the incident, and that S. had been dismissed on 16 June 2002 for absenteeism.", "13. On 9 April 2003 the applicant, in the course of a photo identification, identified S. as the person who had assaulted him.", "14. According to the Government, on 18 April 2003 the investigation was suspended for failure to identify the perpetrator.", "15. On 18 September 2003 the investigation was resumed.", "16. On 9 October 2003, in the course of a photo identification, the applicant identified G. as the person who, together with S., participated in the incident.", "17. On 14 October 2003 the investigation was suspended for failure to identify the perpetrator.", "18. On 31 August 2004 the District Police Department informed the applicant that the investigation in his case was pending.", "19. On 2 February 2005 the District Prosecutor’s Office quashed the decision of 14 October 2003 to suspend the investigation, finding that possible perpetrators had in fact been identified.", "20. On 20 February 2005 the investigation was suspended for failure to identify the perpetrator.", "21. On 5 April 2005 the investigator resumed the investigation, initiated criminal proceedings against S. and G., and joined the newly initiated proceedings with the existing case file.", "22. On 14 April 2005 the investigator charged S. with infliction of bodily injuries of medium gravity, committed in conspiracy with G. The investigator placed S. and G. on the list of wanted persons, and suspended the investigation as the whereabouts of the accused were unknown.", "23. On 20 February and 4 May 2006 the investigator decided to resume the investigation, and on 22 February and 4 May 2006 respectively to suspend it again.", "24. On 10 June 2006 the investigation was resumed.", "25. On 12 June 2006 a face-to-face confrontation was conducted between G. and the applicant, and the applicant was interviewed separately. The applicant stated that S. had kicked him on the knee. While he was not certain that G. had assaulted him, he was assuming that it was G. who had kicked him in the back on 24 February 2002.", "26. On 14 June 2006 the investigator discontinued the criminal proceedings against G. for lack of corpus delicti in his actions. He relied on the testimony of G., who denied assaulting the applicant, and the testimony of the applicant to the effect that it was S. and not G. who had assaulted him. On the same day he suspended the remaining part of the investigation for failure to identify the perpetrator.", "27. According to the Government, on 24 September 2007 S. was arrested. On the same day the investigation was resumed and the charges were announced to S.", "28. On 25 September 2007 a face-to-face confrontation was conducted between S. as the accused and the applicant as the aggrieved party.", "29. On 20 October 2007 the investigator charged S. with infliction of bodily injuries of medium gravity.", "30. According to the Government, on an unspecified date, upon completion of the pre-trial investigation in S.’s case, the applicant was offered an opportunity to study the case file but refused it. According to the applicant, he was not informed about the completion of the investigation or any of the subsequent developments in the criminal proceedings.", "31. On 29 October 2007 the District Prosecutor’s Office approved the bill of indictment indicting S. for infliction of bodily injuries of medium gravity.", "32. On 9 November 2007 the Svyatoshynskyy District Court of Kyiv (“the trial court”) held a preliminary hearing in S.’s case, in which S., his lawyer and a prosecutor participated. The record of the hearing states that the applicant was not present at the hearing.", "33. On 20 November 2007 the trial court examined the case on the merits in the presence of S., his lawyer and the prosecutor and in the absence of the applicant. The trial court, after obtaining favourable opinions from all parties present, ruled that the hearing should proceed in the absence of the applicant and witness G. who, the court stated, “had been duly notified about the hearing”. The court further ruled that, should their presence prove necessary, measures would be taken to ensure the applicant’s and G.’s appearance. In the course of the hearing the court heard a statement from S.. S. did not contest the charges and admitted his guilt. The court ruled that in view of S.’s confession and admission of guilt there was no call to examine any other evidence.", "34. On the same day the trial court convicted S. as charged and sentenced him to two years’ imprisonment, suspended for two years with probation. In sentencing S. the court took into account that S. had admitted his guilt and expressed remorse, the fact that he had no prior convictions, was employed and had positive references from his then-current place of employment.", "35. According to the information submitted by the Government, the domestic case file in S.’s case does not contain any copies of summonses or notices sent to the applicant in the course of examination of the case by the trial court or any documents indicating that such summonses or notices were sent.", "36. On 7 February 2005 the applicant lodged a civil claim with the Holosiyivskyy District Court of Kyiv, against the transport company, seeking damages for the unlawful actions of its employees.", "37. On 15 November 2005 the court rejected his claim on the ground that he had not proved that he had been injured by the employees of the defendant in the performance of their duties. The court noted that the applicant had failed to explain why the individuals identified by him had not yet been charged or convicted, and that the criminal case in connection with the incident was still under investigation.", "38. On 24 January 2006 the Kyiv City Court of Appeal upheld the judgment of the first-instance court.", "39. On 30 November 2007 the Donetsk Regional Court of Appeal, acting as a court of cassation, upheld the decisions of 15 November 2005 and 24 January 2006." ]

[ "13", "3", "6" ]

[ 3, 24 ]

[]

[ "5. The applicant was (to her knowledge) born in 1996 and at the time of the introduction of the application was detained in Lyster Barracks, Ħal Far.", "6. The applicant entered Malta in an irregular manner by boat on 27 May 2012. Upon arrival, she was registered by the immigration police, given an identification number (12H-006), and presented with two documents in English, one containing a Return Decision and the other a Removal Order.", "7. The Return Decision stated that she was a prohibited immigrant by virtue of Article 5 of the Immigration Act (Chapter 217 of the Laws of Malta) because she was in Malta “without means of subsistence and liable to become a charge on public funds”. The Return Decision also informed the applicant that her stay was being terminated and that she had the possibility to apply for a period of voluntary departure. The Removal Order was based on the consideration that the applicant’s request for a period of voluntary departure had been rejected. It informed the applicant that she would remain in custody until removal was effected, and that an entry ban would be issued against her. The two documents further informed the applicant of her right to appeal against the Decision and Order before the Immigration Appeals Board (“the IAB”) within three working days.", "8. According to the applicant, the contents of the decision in English were not explained to her, although she could not understand the language. According to the Government, in practice the immigration police inform the migrants verbally in English about their right to appeal, and the migrants translate for each other.", "9. The applicant was further provided with an information leaflet entitled “Your entitlements, responsibilities and obligations while in detention” in Arabic, a language she did not understand. According to the Government the applicant did not request a booklet in another language.", "10. In accordance with Article 14(2) of the Immigration Act (see Relevant domestic law), the applicant was detained in Lyster Barracks.", "11. During the registration process upon her arrival, in the absence of an interpreter, the applicant’s age was recorded as twenty-six (born 1986). She claims to have told the authorities that she was sixteen years old. According to the Government, it emerged from the authorities’ records (not submitted to the Court) that the applicant declared that she was born in 1986.", "12. On 30 May 2012 the applicant appealed against the Removal Order and Return Decision. By the date of the introduction of the application (4 February 2013), no date had been set for her appeal hearing by the IAB.", "13. A few days following her arrival the applicant was called for an information session provided by the staff of the Office of the Refugee Commissioner. She was assisted in submitting the Preliminary Questionnaire (PQ), thereby registering her wish to apply for asylum under Article 8 of the Refugees Act, Chapter 420 of the Laws of Malta (see Relevant domestic law below). She stated on the form that she was sixteen years old.", "14. On an unspecified date some two months after her arrival in Malta, the applicant was called for an interview with a member of Agency for the Welfare of Asylum Seekers (AWAS) staff, who informed her that as she had claimed to be sixteen years old she would be interviewed by three members of AWAS staff with a view to assessing the veracity of her claim that she was a minor.", "15. About a week later, three people from AWAS interviewed her. During the interview a male detainee provided interpretation services. After the interview they informed her that as they could not confirm her minor age through the interview they would send her for a further age verification (FAV) test - an X-ray of the bones of the wrist. The applicant was taken for the FAV test about two months after her interview, on 5 October 2012.", "16. At the beginning of November, as the applicant had not received any decision from the AAT, she asked a woman from AWAS (who was visiting the detention centre to conduct interviews with other detainees who had health problems) whether she knew anything about her case. The woman told her that her X-ray was being assessed and if she was found to be a minor she would be released soon. Some three weeks later, on 22 November 2012, some other people from AWAS went to the centre and told her that according to the test she was not a minor but an adult. During the latter meeting a fellow (female) detainee provided translation.", "17. By the date of the lodging of the application the applicant had not received a written decision informing her of the outcome of the age assessment procedure. According to the Government a decision on the applicant’s age was taken on 14 January 2013; no date was submitted regarding notification. The Government submitted that since no care order was issued the applicant was obviously not a minor.", "18. The applicant was detained in Hermes Block in Lyster Barracks (see paragraph 10 above), in conditions which she considered prison-like and basic. The Government contested this allegation.", "19. She explained that the Block is divided into five self-contained zones (one on the ground floor, two on the first floor and two on the second floor) and four of the zones (B,C,D,E) were virtually identical. For the first few days of her detention she had been held in Zone E which at the time accommodated families (i.e. couples with or without children), and then she was moved to Zones C and D with other single women.", "20. These zones contained a number of dormitories (containing bunk beds but no lockers or cupboards for personal belongings), ten showers and toilets, a small kitchen with one or two hot plates and a fridge (no further storage for food, which was stored in open boxes accessible to insects, was available), and a common room with six basic metal tables and benches screwed to the ground, together with a television. Blankets hanging from bunk beds were the only means of privacy.", "21. Access to the zones was through metal gates which were kept locked all day, and detainees could leave the zone for one and a half hours per day, which they could spend in a small dusty yard. Windows were barred and most of them glazed with opaque Perspex (which was removed in the summer months for air, though they then let air through in the cold winter months). On the one hand, in summer the facility was often crowded and the heat would become oppressive despite the presence of ceiling fans. On the other hand, in winter it was unbearably cold as the facility was not heated and, moreover, was exposed to the elements as there were no adjoining buildings.", "22. The applicant considered that the facility was shared by too many people – in summer the applicant’s dormitory (one out of three in the zone) was shared by twenty women – and agreement amongst so many different persons having cultural and linguistic differences was difficult. However, at the time of the introduction of the application, the applicant was in less crowded conditions, sharing an entire zone with only twenty-five other women, most of whom were Eritrean and Somali.", "23. The applicant noted that since her arrival she had only been provided with two bed sheets, a small towel, a blanket, a T-shirt, one pillow and a pillow case, a few items of underwear and a pair of flip-flops, as well as a plastic plate, cup, and set of cutlery. Other items of clothing were distributed sporadically. She stated that she was never provided with a quilt, a bra or running shoes. While toilet paper was distributed on a monthly basis, certain basic items such as sanitary pads were missing. In winter detainees were not systematically provided with warm clothes and closed shoes, which were distributed according to what was received by way of donation and which was not sufficient to supply the needs of all detainees. Although blankets were distributed to everyone, the building was not heated and winter months were unbearably cold.", "24. Detainees had little to do all day, and only limited access to open air. In particular, the applicant noted that she was let out into the small dirty yard for the first time only after a few months of detention. While in the yard, other male detainees called out names and picked on the women from the windows of their rooms overlooking the yard. The applicant referred to the report “Not here to stay: Report of the International Commission of Jurists on its visit to Malta on 26 – 30 September 2011”, May 2012 (see paragraph 45 below).", "25. She also noted that although telephone cards were distributed (each of 5 Euro (EUR)), the credit they contained was often insufficient to make long distance calls and no cheaper ways of keeping contact with the family or outside world were available as they had no internet access. By the time she lodged her application she had received EUR 25 in credit. The applicant also considered inappropriate that detainees were given the same soap to use for their bodies, hair, clothes and floor. The applicant further made reference to an incident with a detention officer who had pushed her down the stairs and tried to forcefully resuscitate her by slapping her and grabbing different parts of her face leaving her in pain – she, however, admitted that she could not recognise the officer in question and that she had feared reprisal had she reported the matter.", "26. Furthermore, as could be seen from the results of the Jesuit Refugee Service (JRS) Europe study on detention of vulnerable asylum seekers, the physical conditions of detention and their impact on the physical and mental well-being of detainees were exacerbated by other factors[1]. These factors included: length of detention, lack of constructive activities to occupy detainees, overcrowding, limited access to open air, difficulties in communication with staff and with other detainees, and lack of information about one’s situation. Moreover, there was a lack of any real possibility of obtaining effective redress and inmates knew that detention was not serving any useful purpose and was in no way proportionate to the aim to be achieved.", "27. The applicant submitted that all of those objective factors had had a particular impact on her because of her personal circumstances, particularly her young age, her inability to communicate in anything but Somali and the fact that as a young woman she was detained in a facility administered almost exclusively by men.", "28. On 24 January 2013 the applicant was called for an interview with the Refugee Commissioner. By means of a decision of the Refugee Commissioner of 2 February 2013, the applicant was granted subsidiary protection in Malta. She was notified of this decision and released on 7 February 2013." ]

[ "5", "3" ]

[ 17, 18 ]

[]

[ "5. Mr Cengiz was born in 1974 and lives in İzmir. He is a lecturer at the Law Faculty of İzmir University and is an expert and legal practitioner in the field of freedom of expression.\nMr Akdeniz and Mr Altıparmak were born in 1968 and 1973 respectively. Mr Akdeniz is a professor of law at the Law Faculty of Bilgi University. Mr Altıparmak is an assistant professor of law at the Political Science Faculty of Ankara University and director of the university’s Human Rights Centre.", "6. YouTube (http://www.youtube.com) is the leading video-hosting website on which users can upload, view and share videos. Most videos on the site or on YouTube channels can be viewed by any Internet users, but only users with a YouTube account may upload video files. The platform is available in more than seventy-six countries. Over one billion users visit the site each month, viewing more than six billion hours of videos.", "7. On 5 May 2008, under section 8(1)(b), (2), (3) and (9) of Law no. 5651 on regulating Internet publications and combating Internet offences (“Law no. 5651”), the Ankara Criminal Court of First Instance made an order for the blocking of access to the website http://www.youtube.com and the IP addresses 208.65.153.238-208.65.153.251 providing access to the website. The court held, among other things, that the content of ten pages on the website (ten video files) infringed Law no. 5816 prohibiting insults to the memory of Atatürk.", "8. On 21 May 2010 the first applicant lodged an objection against the blocking order of 5 May 2008. Relying on his right to freedom to receive and impart information and ideas, he sought to have the order set aside.", "9. On 31 May 2010 the second and third applicants, as YouTube users, also lodged an objection against the blocking order of 5 May 2008. They sought to have the order set aside, arguing that there was a public interest in having access to YouTube and that the blocking of such access seriously impaired the very essence of their right to freedom to receive information and ideas. They also submitted that six of the ten pages to which the order of 5 May 2008 related had already been deleted and that the other four were no longer accessible from inside Turkey. This meant, in their submission, that the blocking order had become devoid of all purpose and constituted a disproportionate restriction on the rights of Internet users to receive and impart information and ideas.", "10. On 9 June 2010 the Ankara Criminal Court of First Instance dismissed the applicants’ objection, holding in particular that the blocking order complied with the requirements of the legislation. Addressing the inaccessibility of the video files from inside Turkey, it stated that while access to the files had indeed been blocked by YouTube within Turkey, the videos in question had nevertheless not been removed from the website’s database and thus remained accessible to Internet users worldwide. It also held that as they had not been parties to the investigation procedure, the applicants did not have locus standi to challenge such orders. Lastly, the court noted that an objection against the same blocking order had already been dismissed on 4 June 2008.", "11. On 2 July 2010 the Ankara Criminal Court upheld the decision of 9 June 2010 of the Ankara Criminal Court of First Instance, holding that it had complied with the procedural rules and fell within the court’s discretion.", "12. On 17 June 2010 the Ankara Criminal Court of First Instance adopted a further decision concerning YouTube, ordering the blocking of access to the website http://www.youtube.com and forty-four other IP addresses belonging to the site.", "13. On 23 June 2010 the second and third applicants lodged an objection against the additional blocking order of 17 June 2010.", "14. On 1 July 2010 the Ankara Criminal Court of First Instance dismissed the objection lodged by those two applicants and by representatives of YouTube and the Internet Technology Association. Addressing the inaccessibility of the video files from inside Turkey, it reiterated that while access to the files had indeed been blocked by YouTube within Turkey, the videos in question had nevertheless not been removed from the website’s database and thus remained accessible to Internet users worldwide. It also held that as they were not parties to the case, the applicants did not have locus standi to challenge such orders. It added that, given that the website in question had continued to infringe the law by remaining active, the blocking order was compatible with the requirements of the legislation. Lastly, it rejected the argument that the provision applied in the present case was unconstitutional.", "15. In the judgment of 2 July 2010 referred to above (see paragraph 11), the Ankara Criminal Court also upheld the decision of 1 July 2010 of the Ankara Criminal Court of First Instance.", "16. The Government indicated that in the period before and after the order blocking access to YouTube, between 23 November 2007 and 1 July 2009, 1,785 complaints had been made to the Telecommunications and Information Technology Directorate (“the TİB”) to the effect that YouTube was hosting content that was illegal under Law no. 5651, in particular concerning sexual abuse of minors and insults to the memory of Atatürk.", "17. The Government also stated that prior to the order of 5 May 2008, the domestic courts had already made thirty-four orders blocking access to YouTube on account of illegal content hosted by the site. Following the orders, the TİB had contacted YouTube’s legal representative in Turkey under the “notice and take down” procedure. The order of 5 May 2008, according to the Government, indicated that there were ten web addresses (URLs) hosting defamatory content about Atatürk. Access to six of the pages had been blocked, but the other four had remained accessible both from within Turkey and abroad. Accordingly, the TİB had notified YouTube of its decision to remove the content in question. However, YouTube had not stopped hosting the offending pages and the TİB had had no other solution than to block access to the entire YouTube website, as Turkey had not set up a URL filtering system.", "18. The applicants stated that following the order of 5 May 2008, access to YouTube had been blocked in Turkey by the TİB until 30 October 2010. On that date, the blocking order in respect of YouTube had been lifted by the competent public prosecutor’s office following a request from a company claiming to own the copyright to the videos. However, from 1 November 2010 YouTube had decided to restore the videos, finding that they did not infringe copyright. The second and third applicants also pointed out that they had discovered that in January 2015, four video files (nos. 1, 2, 7 and 8) out of the ten concerned by the order of 5 May 2008 were still accessible on YouTube. They noted that among those files, videos nos. 2 and 7 did not include any content that could be construed as insulting the memory of Atatürk and thus fell outside the scope of section 8 of Law no. 5651. In particular, video no. 2 was fourteen seconds long and showed a burning Turkish flag. Video no. 7 was forty-nine seconds long and showed a former chief of staff of the Turkish armed forces. Only videos nos. 1 and 8 might have been regarded as insulting, but there had been no proceedings to establish that their content was illegal." ]

[ "10", "6", "34" ]

[]

[]

[ "6. The applicant is a Kyrgyz national of Uzbek ethnic origin. He was born on 1 September 1988 and resided in the town of Osh in Kyrgyzstan. After mass disorder and inter-ethnic clashes in the region in June 2010, he fled to Russia, together with many other ethnic Uzbeks, for fear of ethnic‑motivated violence. It appears that his next of kin remain in Kyrgyzstan.", "7. In August 2010 the applicant arrived in Russia and received a temporary residence permit for the period from 3 December 2010 to 3 December 2013.", "8. After the applicant’s departure from Kyrgyzstan, on 25 June 2010 the Kyrgyz authorities charged him in absentia with involvement in riots accompanied by violence, inter-ethnic clashes, arson, use of firearms and destruction of property on 17 June 2010 in the city of Osh, Kyrgyz Republic. The applicant was also alleged to have kidnapped someone.", "9. On an unspecified date in 2010 the applicant was put on a list of fugitives in Kyrgyzstan; on 12 February 2011 he was put on a list of fugitives in Russia as well.", "10. On 29 October 2012, while travelling by train in Russia, the applicant was arrested by the transport police. He denied his involvement in the 2010 events. On 31 October 2012, the Krasnogvardeyskiy District Court of St Petersburg ordered the applicant’s detention for a month. His detention was subsequently extended numerous times.", "11. The Kyrgyz authorities confirmed their intention to seek the applicant’s extradition. On 23 November 2012, the Prosecutor General’s Office of the Russian Federation received a request from the Kyrgyz Republic seeking the applicant’s extradition. On 13 August 2013 it granted the request.", "12. The applicant and his counsel appealed against the extradition order claiming, in particular, that he would face a risk of torture and ill‑treatment since ethnic Uzbeks were a particularly vulnerable group following the June 2010 violence in the southern regions of Kyrgyzstan. On 26 November 2013 the St Petersburg City Court quashed the extradition order, finding it unlawful, and released the applicant. It appears that the applicant is currently at large.", "13. On 25 February 2014 the Supreme Court of Russia quashed the ruling of the St Petersburg City Court of 26 November 2013 and upheld the extradition order. In its decision of 25 February 2014 the Supreme Court held, in particular, as follows:\n“... the conclusion of the lower court that the prosecutor’s office failed to examine the question of the risk of unacceptable treatment in the Kyrgyz Republic in the event of [the applicant’s] extradition does not fit the case-file materials. The Prosecutor General’s office of the Kyrgyz Republic has given guarantees to the effect that [the applicant] would only be prosecuted in respect of the crimes indicated in the initial extradition request and the behaviour of a general criminal character. They guaranteed that he would not be prosecuted on the basis of political or discriminatory reasons, including motives based on his origins, social background, the office he may have occupied, the pecuniary situation, gender, race, ethnicity, language, convictions and relations to religion, that [the applicant] would be given all possibilities to defend himself, that he would not be subjected to torture, cruel, inhuman or degrading treatment or punishment, and that if he was convicted and after having served the sentence he would be able to leave the territory of the Kyrgyz Republic freely. The materials submitted by the defence ... do not undermine the real guarantees provided by the Kyrgyz Republic in respect of [the applicant] and are sufficient to exclude any risk of his cruel treatment ...”", "14. According to the Russian Government, the Prosecutor General’s Office of the Kyrgyz Republic gave all necessary guarantees that the applicant’s criminal prosecution would be carried out in strict compliance with the national law and the international obligations of the Kyrgyz Republic. Among other things, it guaranteed that the applicant would not be subjected to torture or other cruel, humiliating or degrading treatment; he would be guaranteed the right to defence, and Russian diplomatic staff would be given an opportunity to visit him in the detention facility.", "15. On 7 November 2012, while in detention, the applicant applied to the Federal Migration Service for refugee status. He claimed, among other things, that a criminal case had been opened against him exclusively because of his ethnic origin and that he would face a real risk of ill‑treatment if he were sent back to Kyrgyzstan.", "16. Following the examination of the applicant’s asylum request, by its decision of 19 March 2013 the Department of the Federal Migration Service for St Petersburg and Leningrad region refused to grant refugee status to the applicant as he did not meet the necessary criteria defined by the national law. The Federal Migration Service of Russia took a final administrative decision on the matter on 7 October 2013, stating as follows:\n“... the basic criterion for granting a person temporary asylum is the presence of a well-founded suspicion that if returned to his/her home country, that person could become a victim of torture or other cruel, inhuman or degrading treatment or punishment.\nThe analysis of the decision of the migration authorities in charge of St Petersburg and the Leningrad Region, the materials of the applicant’s personal case file, the information communicated by the applicant, as well as the available information from the Ministry of Foreign Affairs of Russian and the Federal Migration Service of Russia concerning the situation in Kyrgyzstan has shown that the migration authorities in charge of St Petersburg and the Leningrad Region have fully examined all the circumstances of the case and lawfully concluded that there were no humanitarian reasons compelling the authorities to grant the applicant a possibility to remain temporarily on the territory of the Russian Federation.\nAccording to the information submitted by the Prosecutor General’s office, an agreement has now been reached with the Kyrgyz authorities which enables officials at the Embassy of the Russian Federation to monitor the compliance by the authorities of Kyrgyzstan with the standards of international law in respects of persons extradited to the Kyrgyz Republic.\nThe monitoring has established that the decision of the UFMS in charge of St Petersburg and the Leningrad Region to refuse to grant the applicant temporary asylum on the territory of the Russian Federation did not breach the legislation on refugees. The decision ... is lawful, justified and should be upheld.”", "17. The applicant’s representatives appealed against the decision of 7 October 2013. By a final decision of 28 July 2014 the Moscow City Court rejected the applicant’s appeal." ]

[ "3" ]

[]

[]

[ "5. The applicant was born in 1959 and is currently serving a prison sentence in the Nizhniy Novgorod Region.", "6. On 27 April 1990 the applicant was convicted of threatening to murder, hooliganism, robbery, rape and murder under Articles 207, 206 § 2, 146 § 2, 117 § 4 and 102 of the Criminal Code of the RSFSR (the Russian Soviet Federative Socialist Republic) and sentenced to death.", "7. On 5 June 1990 the Supreme Court of Russia upheld the above judgment on appeal, having amended the legal qualification of the charge of murder under Article 102 of the Criminal Code of the RSFSR.", "8. On 14 September 1991, by virtue of Presidential decree no. 8‑1/140‑90, the death penalty was replaced by twenty years’ imprisonment.", "9. In 1997–2008 the domestic courts, at three levels of jurisdiction and on several occasions, brought the legal qualification of the crimes of which the applicant had been convicted into line with the newly enacted Criminal Code of the Russian Federation (Federal Law no. 63-FZ of 13 June 1996) and its subsequent amendment (Federal Law no. 162-FZ of 8 December 2003). On each occasion the final sentence – twenty years’ imprisonment – remained unaltered.", "10. The last decision in this connection was taken by the Supreme Court of Russia on 26 June 2008.", "11. On 27 February 2004 new criminal proceedings were instituted against the applicant on suspicion of murder.", "12. Police officers allegedly intimidated the applicant and forced him to confess. The applicant alleged that he was subsequently forced to confirm a self-incriminating statement in the presence of legal-aid counsel.", "13. The applicant did not complain about the alleged ill-treatment, because he considered such a remedy ineffective.", "14. On 29 February 2004 the applicant’s custody was changed to detention on remand pending trial.", "15. On 27 May 2004 the pre-trial investigation was completed and the case was sent to the Chelyabinsk Leninskiy District Court for trial.", "16. According to the applicant, at the court hearing of 26 July 2004, while questioning witness M. and victims T. and P., the trial judge P. three times read out an extract from the judgment of 27 April 1990 relating to the applicant’s previous conviction for murder.", "17. According to the Government, the reading out of the 1990 judgment against the applicant was done only once, on 23 August 2004, at the stage of the examination of the case file at the request of the prosecutor during the determination of the term of the applicant’s sentence, and the defence raised no objections.", "18. At the court hearings of 23 August 2004 and 2 September 2004 the applicant asked the court to obtain the attendance of an expert whom he wished to question. His requests were refused by the court.", "19. On 23 August and 25 October 2004 the applicant sought the withdrawal of the judge, without success. In dismissing the applicant’s request for the withdrawal of the trial judge on 23 August 2004 the court indicated that the partial announcement of the applicant’s unspent conviction of 1990 did not constitute a predisposition of the court to deliver a finding of guilt, but served the purpose of full and comprehensive examination of the applicant’s personality as he had earlier been convicted of an analogous crime – premeditated murder. In dismissing the applicant’s challenge of 25 October 2004 the court indicated that the applicant had failed to provide justification for his application for the withdrawal of the judge.", "20. On 29 November 2004 the Chelyabinsk Leninskiy District Court convicted the applicant of threatening murder, bodily harm, murder, and destruction of property, and sentenced him to twenty years’ imprisonment, taking into account that the applicant had not fully served the sentence handed down on 27 April 1990.", "21. The applicant appealed, claiming in particular that the court which convicted him had been biased and predisposed to deliver a finding of guilt. The applicant referred to the fact that while questioning witness M. and victims T. and P. the judge had read out extracts from his conviction of 27 April 1990, thus “creating an atmosphere of guilt”. He further indicated that he had challenged the judge in view of his attitude, although to no avail, and deplored the fact that the transcript of the trial omitted to mention the judge’s reading out of the judgment of 1990.", "22. On 21 February 2005 the Chelyabinsk Regional Court upheld the judgment of 29 November 2004 on appeal. As regards the applicant’s complaint relating to the alleged bias of the trial judge, the Regional Court held as follows:\n“The [applicant’s] arguments concerning bias on the part of the [trial] court – its predetermination to deliver a finding of guilt, the selective record of the course of the trial, and the violation of his rights by the reading out of the judgment of 27 April 1990 – had been addressed during the trial and had been reasonably dismissed as unsubstantiated. The transcript of the trial complies with Article 259 of the Code of Criminal Procedure of the Russian Federation ... The [applicant’s] conviction of 27 April 1990 had not been expunged, therefore the reading out of the judgment [in question] cannot be regarded as having breached [his] rights.”" ]

[ "6" ]

[]

[]

[ "5. The applicants were born in 1947, 1966 and 1968, respectively, and live in Istanbul. The first applicant is the wife and the second and third applicants are the sons of Mr Şevket Epözdemir.", "6. The facts of the case, as submitted by the parties and as they appear from the documents submitted by them, may be summarised as follows.", "7. The deceased was a lawyer and the chairman of the Tatvan provincial branch of a pro-Kurdish political party, the Democracy Party (“DEP”).", "8. The applicants submitted that between August and December 1993, DEP party buildings were bombed and ten of its members and administrators were killed. The applicants also alleged that during a meeting with political party representatives, General K.T., who was the commander of the Tatvan 6th Armoured Brigade, had threatened their relative, Şevket Epözdemir, and one of his colleagues, the chairman of DEP’s Bitlis provincial branch, Mr İshak Tepe. The General had told the two men that “they would meet their deaths very soon”. Subsequently, Mr Tepe’s son had been abducted and killed.", "9. On the morning of 25 November 1993 Mr Epözdemir left his house to go to his office, which was nearby. At around 8 p.m. the same day Mr Epözdemir telephoned his wife, the first applicant, and told her that he was leaving his office to come home. When he failed to arrive the family became concerned and contacted the authorities.", "10. At midday the following day the first applicant went to the police station in Tatvan, where she asked the police officers to find her husband. She told the police officers that when her husband had failed to come home the previous evening she had telephoned the local prosecutor and asked him whether her husband had been arrested. After the prosecutor had told her that her husband had not been arrested, she had informed members of her family about her husband’s disappearance, and then waited up all night.", "11. Unbeknown to the first applicant, some half an hour before she went to the police station the body of her husband had been found by soldiers in the vicinity of the nearby town of Güroymak, in a ditch at the side of a road which connected the town of Tatvan to the city of Bitlis. He was blindfolded and there was a gunshot wound on his face. The police officers who subsequently arrived at the scene informed the soldiers that it could be the body of Şevket Epözdemir, whose disappearance had been reported to them by his family.", "12. The local prosecutor arrived at the scene at 1.45 p.m. on the same day and gave instructions for the deceased’s body to be taken to the hospital in Bitlis, where it was formally identified by Mr Epözdemir’s brother, Şakir Epözdemir, who also informed the prosecutor that after his brother had failed to come home the previous evening the family had telephoned the local police at 9.30 p.m. because they feared that he might have been abducted. He added that his deceased brother had been a prominent figure in the town of Tatvan and that that had been the reason for the family’s suspicions that he might have been abducted.", "13. On the same day Mr Epözdemir’s body was examined by two doctors, who noted that there was a bullet entry hole on the face and a corresponding exit hole on the back of the head. The doctors also noted the existence of widespread injuries on many parts of the face and the body which, according to the doctors, had been caused by physical trauma. The doctors, who established the cause of death as cerebrovascular haemorrhagic shock caused by the gunshot wound, did not consider it necessary to carry out a full autopsy.", "14. On the same day the Tatvan prosecutor opened an investigation file into the killing and informed the Ministry of Justice.", "15. On 27 November 1993 the Tatvan police headquarters sent a letter to the governor’s office in the town of Güroymak, in whose administrative jurisdiction the body had been found, and asked the governor whether the applicants’ relative had been in Güroymak on 25 November 1993 and whether they had any information about anyone in Güroymak who might have harboured hostile feelings towards Mr Epözdemir.", "16. On 29 November 1993 the second applicant asked the Tatvan prosecutor whether there had been an outstanding arrest warrant in respect of his father. On the same day the prosecutor informed the second applicant that no such warrant had been issued.", "17. On 6 December 1993 the Bitlis prosecutor decided that he did not have the requisite jurisdiction ratione materiae to investigate the case and forwarded the investigation file to the prosecutor’s office at the Diyarbakır State Security Court, which did have jurisdiction to investigate such offences.", "18. On 21 December 1993 the prosecutor at the Diyarbakır State Security Court sent a letter to the Bitlis prosecutor and asked him to resume his investigation into the killing and to inform him every three months about developments.", "19. On 5 June 2003 the applicants sent letters to the offices of the Van and Tatvan prosecutors and asked to be provided with information regarding the steps taken in the investigation over the course of the previous ten years.", "20. On 26 June 2003 the Van prosecutor’s office decided that it had no jurisdiction ratione loci to investigate the incident and forwarded the applicants’ letter (mentioned in the preceding paragraph) to the office of the prosecutor in Tatvan. On 30 June 2003 the Tatvan prosecutor decided that his office did not have jurisdiction ratione loci either and sent the letter to the prosecutor’s office in Güroymak. On 24 July 2003 the Güroymak prosecutor took a decision of non-jurisdiction ratione materiae and sent the letter to the prosecutor’s office at the Van State Security Court.", "21. On 14 August 2003 the prosecutor at the Van State Security Court replied to the applicants’ letter of 5 June 2003 and informed them that the investigation was still continuing. On the same day the prosecutor also issued a standing search order and asked the Güroymak prosecutor to continue to search for the perpetrators and to inform his office every three months about developments.", "22. On 10 May 2010 the Güroymak prosecutor instructed the local gendarmerie to search for the perpetrators until 26 November 2013 (the date of the expiry of the time-limit prescribed by the statute of limitations). On 1 December 2010 and 24 March 2011 a number of gendarmes visited the place where the body had been found in 1993 and noted that there was no evidence there to help solve the killing.", "23. In the meantime, on 10 January 1995 the applicants brought compensation proceedings against the Ministry of the Interior. In their petition the applicants argued that the perpetrators of the killing had not been found, despite the fact that more than one year had elapsed since the incident. They submitted that their relative had been a well-liked person in Tatvan and that he had never had any problems with anyone. The applicants argued that States were responsible for protecting their citizens’ lives and that in the event that they failed to do so, they had a duty to find and punish the perpetrators of any resultant unlawful death; otherwise they themselves should be held responsible for such loss of life. The applicants also submitted that, because of the failure to find and punish the perpetrators of the killing of Şevket Epözdemir, they had suffered immeasurable pain and stress and the State had thus an obligation to compensate them for the damage that they had sustained. They argued that the State’s liability arose from its failure to protect the deceased’s life. In any event, even if no such failure could be said to have occurred, they further argued that the State nevertheless had an “absolute liability” to compensate them.", "24. On 10 June 1996 the Bitlis police headquarters informed the Van Administrative Court, in response to an apparent query from the latter, that the applicants’ relative, Şevket Epözdemir, had never requested protection from the authorities.", "25. On 16 December 1997 the Van Administrative Court decided to award compensation to the applicants, in accordance with Article 125 of the Constitution (see paragraphs 32-34 below). It held that when carrying out their duties the public authorities had an obligation to take the necessary measures and to show due diligence in doing so. In the present case the public authorities had failed to comply with that obligation.", "26. The Ministry of the Interior appealed, arguing that it had not failed in that obligation because the reason for the killing and the identity of its perpetrators had not yet been established.", "27. The applicants did not submit any observations in reply to those of the Ministry of the Interior.", "28. In its decision of 6 November 2000 the Supreme Administrative Court quashed the decision of the Van Administrative Court because it considered that, given that the reason for the killing had not been established and the perpetrators had not been identified, no causal link could be said to exist between the damage caused by the killing and any actions on the part of the public authorities. It added that for the public authorities to be said to have failed in their obligation, it was necessary to establish that they had either not performed their duties at all, or had failed to perform them in a timely manner, or had performed them in an unsatisfactory fashion. The Supreme Administrative Court further held that the lack of the above-mentioned causal link also prevented the courts from awarding compensation to the family on the basis of the public authorities’ “absolute liability” because the sole fact that the deceased had been a “member of society” was not sufficient. For it to be able to award compensation on the basis of the “social risk doctrine” it was a precondition for the damage to have arisen in a setting within which public servants were carrying out their duties.", "29. On 15 May 2001 the Van Administrative Court re-examined the case in the light of the Supreme Administrative Court’s decision and decided to reject the applicants’ claim for compensation. In reaching its conclusion, the administrative court noted that the investigation into the killing was still ongoing and, in any event, the deceased had never sought protection from the State. It thus held that the public authorities had not acted in breach of their duties. It further held that, as the conditions of the “social risk doctrine” had not been satisfied, it was not possible to award compensation to the family on the basis of the State’s “absolute liability”.", "30. The applicants lodged an appeal with the Supreme Administrative Court against the decision and argued that a citizen need not officially seek protection from the authorities in order to trigger the State’s obligation to protect such a citizen’s life. To argue otherwise would be at odds with the Constitution and the international treaties to which Turkey was a party. The applicants also submitted that at the time of the killing, a state of emergency had been declared in their part of the country; this had created a climate that was conducive to the perpetration of such crimes. The fact that some eight years after the killing the perpetrators had still not been identified was an indication that the public authorities had failed in their duties. The applicants maintained that the authorities had failed to take the necessary steps to prevent the attack on their relative and to find the perpetrators. The Ministry was therefore responsible for the pecuniary and non-pecuniary damage arising from the failures on its part.", "31. The appeal lodged by the applicants was rejected by the Supreme Administrative Court on 17 April 2003. A request made by the applicants for the Supreme Administrative Court’s decision to be rectified was also rejected, on 14 November 2005. The final decision was served on the applicants on 3 January 2006." ]

[ "2" ]

[]

[]

[ "5. The applicant was born in 1943 and lives in Šilėnai, in the Šiauliai Region.", "6. In June 2000 the Radviliškis Land Department of the Šiauliai County Administration recognised L.S.G.’s right to the restoration of title to 4.07 hectares of land in the Radviliškis area. The plot of land in question had belonged to two other individuals, P.M. and E.M., and had been nationalised by the Soviet regime.", "7. Later that month the applicant and L.S.G. signed a notarised agreement by which L.S.G. transferred (perleido) to the applicant the right to the restoration of title to 2.07 hectares of the above-mentioned plot of land. The agreement did not indicate whether the applicant had given any money to L.S.G. in exchange for this right. However, the applicant subsequently claimed (see paragraph 12 below) that she had paid 1,400 Lithuanian litai (LTL; approximately 405 euros (EUR)).", "8. On 16 October 2001 the Šiauliai County Administration estimated that the value of the plot of land transferred to the applicant was LTL 2,124 (EUR 615). The Šiauliai County Administration then awarded the applicant the right of title to 1.78 hectares of land of equivalent value. The applicant registered the plot in the Land Registry under her own name.", "9. In October 2004 the Special Investigation Service began investigating allegations of fraud, forgery of documents and abuse of office (under Articles 182, 228 and 300 of the Criminal Code) relating to the restoration of property rights by the Radviliškis Land Department. In January 2005 the prosecutor of the Šiauliai Region (hereinafter “the prosecutor”) launched a similar investigation. Subsequently, the two investigations were joined.", "10. In May 2008 the prosecutor submitted a request to the Radviliškis District Court for the annulment of the agreement between the applicant and L.S.G. The prosecutor stated that L.S.G. had not had the right to the restitution of P.M. and E.M.’s land and thus could not legally have transferred that right to the applicant.", "11. On 11 November 2008 the Radviliškis District Court granted the prosecutor’s request. The court held that L.S.G. had not been P.M. and E.M.’s relative or heir and thus, under the applicable law, had not been entitled to the restoration of title to their land (see paragraph 17 below). Therefore, the court declared the agreement between the applicant and L.S.G. null and void ab initio, confiscated the plot of land from the applicant, and returned it to the State.", "12. During the proceedings the applicant claimed that she had paid LTL 1,400 (EUR 405) to L.S.G. for the right of title to the land, and L.S.G. acknowledged that she had received an unspecified sum of money. However, since no such payment had been mentioned in the text of their agreement, the court held that the right of title had been transferred to the applicant for free and did not award her any compensation.", "13. On 17 February 2009 the Šiauliai Regional Court dismissed the applicant’s appeal and upheld the decision of the lower court. The court found that the applicant had not proved that she had paid for the transfer of the right of title. It also noted that under the Civil Code, property which had been unlawfully obtained for free could be confiscated from an owner, irrespective of whether the owner had acquired such property in good faith (see paragraphs 19 and 20 below).", "14. On 22 April 2009 the Supreme Court refused to examine a cassation appeal lodged by the applicant on the ground that it did not raise any important legal issues.", "15. On 23 January 2009 the prosecutor instituted criminal proceedings before the Šiauliai District Court against S.D., a former official in the Radviliškis Land Department. S.D. was charged with several counts of forgery of documents and abuse of office under Articles 228 and 300 of the Criminal Code. She was accused of, inter alia, having acted together with L.S.G. in forging documents which purported to prove L.S.G.’s right to the restoration of title to certain property, with the aim of selling that right to other individuals. The indictment noted that L.S.G. had received approximately LTL 1,400 (EUR 405) from the applicant in exchange for the right to the restoration of title to the property in question. At the time of the parties’ final submissions to the Court, the criminal case was still awaiting examination before the first-instance court." ]

[ "P1-1" ]

[ 2, 6, 8, 10 ]

[]

[ "5. The applicant was born in 1980 and lives in Zagreb.", "6. On 19 May 2011 the Split Office of the National Police Unit for the Suppression of Corruption and Organised Crime (Policijski nacionalni ured za suzbijanje korupcije i organiziranog kriminaliteta, Odjel za suzbijanje korupcije i organiziranog kriminaliteta Split; hereinafter: “the police”) lodged a criminal complaint against the applicant before the State Attorney’s Office for the Suppression of Corruption and Organised Crime (Državno odvjetništvo, Ured za suzbijanje korupcije i organiziranog kriminaliteta; hereinafter: “the State Attorney’s Office”), alleging that he had participated in an organised international drug-trafficking scheme.", "7. On the basis of the extensive evidence collected during the preliminary investigation, including through mechanisms of international legal assistance in criminal matters from the authorities in Spain, Slovenia and the Netherlands, and the results of secret surveillance measures, on 20 May 2011 the State Attorney’s Office opened an investigation in respect of the applicant and nine other persons suspected of drug trafficking. In particular, it was alleged that the applicant had participated in an organised drug-trafficking scheme by securing the means of communication between other members of the group.", "8. During the investigation, the State Attorney’s Office questioned a number of witnesses and obtained further voluminous evidence from the police. It also commissioned telecommunication expert reports and requested assistance in obtaining evidence from the authorities in Spain, Slovenia, the Czech Republic, Bosnia and Herzegovina and the Netherlands.", "9. On 9 November 2011 the State Attorney of the Republic of Croatia (Glavni državni odvjetnik Republike Hrvatske) extended the investigation for a further six months.", "10. Following the completion of the investigation, on 16 May 2012 the State Attorney’s Office indicted the applicant and nine other defendants in the Split County Court (Županijski sud u Splitu) on charges of drug trafficking. It alleged that the applicant had facilitated communication between other members of the group operating an international drug-trafficking scheme.", "11. On 18 May 2012 the investigating judge forwarded the indictment to the defendants, instructing them that they could submit their comments on it within a period of eight days.", "12. On 28 May 2012 the applicant denied the charge, alleging numerous substantive and procedural flaws.", "13. Several hearings for the confirmation of the indictment were held before a three-judge panel of the Split County Court. Meanwhile, the defence lawyers challenged the decision on the admissibility of evidence before the Supreme Court.", "14. On 23 November 2012 the applicant complained to the Supreme Court of a lack of diligence in the conduct of the proceedings. He pointed out that the Supreme Court had not yet decided on the question of the admissibility of the evidence, which was incompatible with the requirement of due diligence in the conduct of the proceedings.", "15. On 25 January 2013 a three-judge panel of the Split County Court confirmed the indictment and referred the case to trial.", "16. The criminal proceedings against the applicant are still pending.", "17. On 19 May 2011 the applicant was arrested in connection with the criminal complaint lodged against him by the police (see paragraph 6 above).", "18. The next day, after hearing the applicant’s defence, the State Attorney’s Office ordered that he be remanded in custody for a period of forty-eight hours.", "19. Following the opening of the investigation against him, on 20 May 2011 the State Attorney’s Office asked an investigating judge (sudac istrage) of the Split County Court to order the applicant’s pre-trial detention (istražni zatvor). It also requested that the other defendants be remanded in custody.", "20. On the same day the investigating judge accepted the request and ordered the applicant’s pre-trial detention for one month under Article 123 § 1 (2), (3) and (4) of the Code of Criminal Procedure (risk of collusion, risk of reoffending and gravity of charges). He also ordered the pre-trial detention of nine other defendants in the proceedings. The relevant part of the decision reads:\n“Reasonable suspicion that the suspects committed the offences at issue follows from the criminal complaint lodged by [the police] and the [supporting material] ...\nThe pre-trial detention of all the suspects, save for Đ.F. and N.E. who are detained in Spain, was ordered under Article 123 § 1 (2) of the Code of Criminal Procedure. The suspects Š.L. and D.J. ... are still at large and there is therefore a risk that if the other suspects were at large, they could hinder the proper conduct of the proceedings by influencing [Š.L. and D.J.]. In addition, a number of witnesses should be questioned concerning the offences at issue ... and, since they know the suspects or are relatives of theirs, there is a risk that the suspects, if at large, could hinder the proper conduct of the proceedings by influencing the witnesses ...\nThe pre-trial detention of all the suspects was also ordered under Article 123 § 1 (3) of the Code of Criminal Procedure. Given the scale of the alleged criminal activity, the period in which it has taken place, the extent of the [suspects’] organisation, and the fact that they have allegedly smuggled over 700 kilograms of cocaine, 338 kilograms of which has been seized in Spain, this court finds that it suggests special circumstances justifying the fear that they may reoffend. ...\nThe pre-trial detention of all the suspects, save for S.R., was also ordered under Article 123 § 1 (4) of the Code of Criminal Procedure. This court finds it necessary to order detention under this provision also so as to ensure the proper conduct of the proceedings, given that the case concerns a particularly grave offence under Article 173 § 3 of the Criminal Code for which a sentence of long-term imprisonment has been prescribed. Specifically, it is alleged that the suspects have smuggled over 700 kilograms of cocaine, which can be used to make a significant number of individual doses and thus to endanger the health of a high number of persons. Moreover, the suspects have allegedly operated on the territories of several countries, where they organised networks of persons helping them in the commission of the offences, which suggests a particularly organised and systemic approach in the commission of the offences. Apparently large sums of money were also spent for the [distribution and] transport of the drugs from South America. This suggests, in the view of this court, that the circumstances of the offence are particularly serious, surpassing the circumstances in which such offences are ‘usually’ committed ...”", "21. The applicant challenged the decision of the investigating judge before a three-judge panel of the Split County Court, arguing that the judge had failed to take into account the extent of his specific participation in the alleged offences at issue. He pointed out that his alleged role in the commission of the offences was peripheral and irrelevant, since his only contact with the case was through the third defendant, whom he had known from the past but had not suspected of being involved in a criminal activity. The applicant also stressed that he was a self-employed car mechanic and had had no previous conflict with the law. He therefore requested that less severe preventive measures be applied for securing his proper participation in the proceedings.", "22. On 6 June 2011 a three-judge panel of the Split County Court dismissed the appeals lodged by the applicant and two other defendants. The relevant part of the decision reads:\n“It is alleged that the suspects, acting within an organised group, obtained cocaine abroad and transported it to Croatia for the purpose of its further distribution. The proceedings at issue concern not only a serious and socially dangerous offence, but there are also other specific circumstances showing the seriousness of the case. The suspects obtained the drugs in South America, in large quantities of several hundreds of kilograms, and the whole process of transporting the drugs required a high degree of organisation and distribution of work. The quantity of drugs found, namely around 370 grams [sic] of cocaine, is higher than in other [similar cases]. The investigating judge thus correctly concluded that in respect of the suspects S.K. and Vlatko Šoš the circumstances of the offence are particularly serious, which also justifies the fear that the suspects might reoffend. There are therefore sufficient reasons for pre-trial detention under Article 123 § 1 (3) and (4) of the Code of Criminal Procedure.\n...\nFurthermore, since in the further course of the proceedings, as indicated in the investigating judge’s decision, it is necessary to question a number of witnesses who have relevant knowledge of the offences at issue and know the suspects S.K., Vlatko Šoš and S.R., the investigating judge correctly ordered the detention under Article 123 § 1 (2) of the Code of Criminal Procedure.\nGiven that the investigating judge’s decision ordering the detention is justified, there are no grounds for accepting the requests of the suspects, put forward in the appeals, to replace their detention by alternative measures.”", "23. On 17 June 2011 the investigating judge extended the applicant’s pre-trial detention for two months under Article 123 § 1 (2), (3) and (4) of the Code of Criminal Procedure (risk of collusion, risk of reoffending and gravity of charges), reiterating his previous arguments.", "24. The applicant challenged that decision, arguing that it lacked the relevant reasoning concerning the circumstances of the case pertinent to his particular situation. On 7 July 2011 a three-judge panel of the Split County Court dismissed his complaints, endorsing the reasoning of the investigating judge.", "25. On 18 August 2011 the investigating judge extended the applicant’s pre-trial detention for two months under Article 123 § 1 (3) and (4) of the Code of Criminal Procedure (risk of reoffending and gravity of charges). He found that all the relevant witnesses had been questioned and that there was no further possibility of remanding the applicant in detention on the grounds of the risk of collusion. As to the other grounds relied upon for the applicant’s detention, the investigating judge reiterated his previous findings.", "26. The applicant lodged an appeal against that decision before a three-judge panel of the Split County Court, arguing that his detention had been constantly extended without providing any reasons relevant to his particular situation. He also requested that his detention be replaced by house arrest.", "27. On 27 September 2011 a three-judge panel of the Split County Court dismissed the applicant’s appeal, endorsing the findings of the investigating judge. It provided no reasoning concerning the applicant’s request for the replacement of his detention by house arrest.", "28. On 18 October 2011 the investigating judge extended the applicant’s pre-trial detention for two months under Article 123 § 1 (3) and (4) of the Code of Criminal Procedure (risk of reoffending and gravity of charges). The relevant part of the decision reads:\n“The pre-trial detention of all the suspects was also ordered under Article 123 § 1 (3) of the Code of Criminal Procedure. Given the scale of the alleged criminal activity, the period in which it has taken place, the extent of the [suspects’] organisation, and the fact that they have allegedly smuggled over 700 kilograms of cocaine, 338 kilograms of which has been seized in Spain, this court finds that it suggests special circumstances justifying the fear that they may reoffend. ...\nThe pre-trial detention of all the suspects, save for S.R., was also ordered under Article 123 § 1 (4) of the Code of Criminal Procedure. This court finds it necessary to order detention under this provision, also so as to ensure the proper conduct of the proceedings, given that the case concerns a particularly grave offence under Article 173 § 3 of the Criminal Code for which a long prison sentence has been prescribed. Specifically, it is alleged that the suspects have smuggled over 700 kilograms of cocaine, which can be used to make a significant number of individual doses and thus to endanger the health of a high number of persons. Moreover, the suspects have allegedly operated on the territories of several countries, where they organised networks of persons helping them in the commission of the offences, which suggests a particularly organised and systemic approach in the commission of the offences. Apparently large sums of money were also spent for the [distribution and] transport of the drugs from South America. This suggests, in the view of this court, that the circumstances of the offence were particularly serious, surpassing the circumstances in which such offences are ‘usually’ committed ...”", "29. The applicant lodged an appeal against the above decision, asking to be released and for less severe preventive measures to be applied. On 28 October 2011 a three-judge panel of the Split County Court dismissed his appeal as ill-founded, reiterating its previous arguments and without providing further reasons for refusing the applicant’s request.", "30. On 15 November 2011 the applicant lodged a constitutional complaint before the Constitutional Court (Ustavni sud Republike Hrvatske) against those decisions, arguing that the reasons given for his continued detention were neither relevant nor sufficient. He pointed out that the Split County Court had collectively extended the pre-trial detention of all the defendants in the proceedings, without taking into account his specific arguments.", "31. On 18 November 2011 the investigating judge extended the applicant’s pre-trial detention for a further two months under Article 123 § 1 (3) and (4) of the Code of Criminal Procedure (risk of reoffending and gravity of charges). In his decision, the investigating judge stated that the initial grounds for the applicant’s detention had not changed. The judge also noted that owing to the complexity of the case, the investigation would be extended for a further six months.", "32. The applicant appealed against that decision, arguing that it lacked the relevant reasoning. He also asked to be released on bail or for the application of other less severe preventive measures.", "33. On 6 December 2011 a three-judge panel of the Split County Court dismissed the applicant’s appeal as ill-founded, reiterating its previous arguments. It held that, in view of the gravity of the offences at issue, the applicant’s detention could not be replaced by less severe preventive measures, nor could he be released on bail.", "34. On 9 and 16 December 2011 the applicant urged the Constitutional Court to decide on his constitutional complaint of 15 November 2011 (see paragraph 30 above).", "35. On 22 December 2011 the Constitutional Court declared the applicant’s constitutional complaint of 15 November 2011 inadmissible on the ground that a new decision on his detention had been adopted in the meantime, namely on 18 November 2011 (see paragraph 31 above), and that his detention was no longer based on the impugned decision. This decision was served on the applicant’s representative on 10 January 2012.", "36. On 18 January 2012 the investigating judge extended the applicant’s detention for a further two months under Article 123 § 1 (3) and (4) of the Code of Criminal Procedure (risk of reoffending and gravity of charges) on the ground that the relevant circumstances warranting his detention had not changed.", "37. The applicant lodged an appeal against the above decision, arguing that it lacked the relevant reasoning and asking that his detention be replaced by less severe preventive measures.", "38. On 31 January 2012 a three-judge panel of the Split County Court dismissed the applicant’s appeal as ill-founded, reiterating its previous arguments concerning the necessity of the defendants’ continued detention.", "39. On 14 February 2012 the applicant lodged a constitutional complaint before the Constitutional Court, arguing that in extending his detention throughout the investigation, the court had always used the same wording and phrases. He pointed out that the Split County Court had failed to make a proper assessment of the necessity of his continued detention given that its decisions were merely a reproduction of the same wording provided in the initial decision ordering his detention on 20 May 2011.", "40. On 22 February 2012 the Constitutional Court dismissed the applicant’s constitutional complaint as ill-founded, endorsing the reasoning of the Split County Court. The relevant part of the decision reads:\n“The impugned decision of the investigating judge ... provides detailed and clear reasoning with regard to the relevant legal circumstances related to the appellant’s [detention].\nThe Constitutional Court finds that the impugned decisions comply with the relevant constitutional [requirements] concerning the extension of the appellant’s pre-trial detention under Article 123 § 1 (3) and (4) of the Code of Criminal Procedure.”", "41. On 16 March 2012 the investigating judge extended the applicant’s detention for a further two months under Article 123 § 1 (3) and (4) of the Code of Criminal Procedure (risk of reoffending and gravity of charges) on the ground that nothing had changed in the relevant circumstances warranting his continued detention.", "42. The applicant appealed against that decision, reiterating his request for release and the application of less severe preventive measures.", "43. On 29 March 2012 a three-judge panel of the Split County Court dismissed the applicant’s appeal as ill-founded, reiterating its previous arguments. It found that it was not possible to release him and to apply less severe preventive measures in view of the particular gravity and seriousness of the charges against him.", "44. Following the submission of the indictment against the applicant to the Split County Court (see paragraph 10 above), on 18 May 2012 a three-judge panel of that court extended the applicant’s detention pending trial under Article 123 § 1 (3) and (4) of the Code of Criminal Procedure (risk of reoffending and gravity of charges) without setting any time-limits for the detention. The relevant part of the decision reads:\n“Against the defendant:\n... 9. Vlatko Šoš ...\nthe pre-trial detention is extended and it should continue further\n... on the basis of Article 123 § 1 (3) and (4) of the Code of Criminal Procedure ...\nStatement of reasons\n...\nReasonable suspicion that the suspects have committed the offences at issue follows from the indictment submitted by the [State Attorney’s Office] and the evidence listed in the indictment.\n...\nWith regard to the defendants P.Ć., M.V., A.Ć., S.K. and Vlatko Šoš the detention was extended under Article 123 § 1 (3) of the Code of Criminal Procedure. Given the scale of the alleged criminal activity, the period in which it has taken place, the extent of [the defendants’] organisation, and the fact that they have allegedly smuggled large quantities of cocaine for the purpose of its further distribution, 338 kilograms of which has been seized in Spain, this panel finds that it suggests special circumstances justifying the fear that they may reoffend.\nThe detention of the defendants P.Ć., M.V., A.Ć., S.K. and Vlatko Šoš was also extended under Article 123 § 1 (4) of the Code of Criminal Procedure. This panel finds that the case concerns a particularly grave offence under Article 173 § 3 of the Criminal Code for which a sentence of long-term imprisonment has been prescribed. Specifically, the very fact that [the case] concerns a large number of persons organised in a criminal enterprise for the purpose of trafficking large quantities of cocaine, for which purpose the defendant P.Ć. established a criminal organisation in Croatia, as well as the fact that a venture of trafficking of large quantities of the drug, such as the one smuggled by the defendants, is not undertaken by individuals who are not aware of the trafficking, suggest that the circumstances of the offence are particularly serious. The defendants are charged with acting on the basis of a prepared plan and agreement for permanently trafficking large quantities of cocaine, and in the period between January 2010 and 19 May 2011 they smuggled large quantities of [that drug] for the purpose of further distribution. The undisputed purity of the last shipment of the seized cocaine, amounting to 338.29 kilograms, means that it could have been used for making at least 3,000 doses for individual use ... which on the black market could have endangered the health of a high number of persons. These circumstances of the offence surpass the usual circumstances in which [such offences] are committed, and therefore they suggest its particular gravity.”", "45. The applicant appealed to the Supreme Court (Vrhovni sud Republike Hrvatske) against the above decision, arguing that the Split County Court had failed to adduce any relevant reason warranting his continued detention. He pointed out in particular that the individual circumstances of his case had not been examined, such as the fact that he had not had any previous conflict with the law. This called into question the findings of the Split County Court that he could reoffend. He also asked that his detention be replaced by less severe preventive measures.", "46. On 15 June 2012 the Supreme Court dismissed the applicant’s appeal as ill-founded, endorsing the decision of the Split County Court. It did not examine the possibility of replacing the applicant’s detention by the application of alternative preventive measures. With regard to the applicant’s specific arguments, the Supreme Court held:\n“The importance of the reasons making the detention under Article 123 § 1 (3) of the Code of Criminal Procedure necessary and the only appropriate measure for averting the risk of reoffending has not been called into question by the appeal arguments of the defendants S.K. and Vlatko Šoš that they did not have a criminal record. The fact that ... prior to his arrest [Vlatko Šoš] was well-known as a hardworking and decent person who was earning money by working as a car mechanic could be taken into account in the sentencing, in the event of his conviction.”", "47. On 13 August 2012 a three-judge panel of the Split County Court again extended the applicant’s pre-trial detention under Article 123 § 1 (3) and (4) of the Code of Criminal Procedure (risk of reoffending and gravity of charges), reiterating its previous arguments and without setting any time-limits for the applicant’s detention. It did not examine the possibility of replacing his detention by the application of less severe preventive measures.", "48. The applicant challenged the decision of the Split County Court before the Supreme Court, arguing that the courts had extended his detention throughout the period of his remand by constantly repeating the same phrases and almost identical wording, and without a proper assessment of the individual circumstances of his case. He also asked that his detention be replaced by less severe preventive measures.", "49. On 12 September 2012 the Supreme Court dismissed the applicant’s appeal as ill-founded on the ground that there was nothing calling into question the findings of the Split County Court concerning the necessity of his continued detention. It also stressed that, in view of the gravity of the charges and the persisting risk of reoffending, the applicant’s detention could not be replaced by less severe preventive measures.", "50. On 22 October 2012 the applicant lodged a constitutional complaint against the above decision. He contended that the lower courts had constantly extended his pre-trial detention throughout the proceedings, always using the same stereotyped formulae and phrases. He considered, therefore, that they had failed to adduce any relevant and sufficient reasons for his continued detention. He pointed out the wording of the decisions extending his detention and the fact that his detention had been extended during the trial without setting any time-limits.", "51. On 6 November 2012 the Constitutional Court dismissed the applicant’s constitutional complaint as ill-founded, endorsing the reasoning of the lower courts. In particular it held:\n“The Constitutional Court finds in the case at hand that the impugned decisions were adopted on the basis of the competent courts’ careful assessment of the reasons justifying the extension of the appellant’s detention, in view of the particular circumstances of the case (extent of the criminal activity, quantity and value of the drugs, high degree of organisation and connection with other defendants with clearly distributed tasks in performing the criminal activity, continuity of the criminal activity, time period in which it has occurred, [criminal] resolve, and the fact that the offence at issue is punishable by long-term imprisonment) and that the [competent courts] provided sufficient reasons justifying [the detention].”", "52. On 9 November 2012 a three-judge panel of the Split County Court extended the applicant’s detention under Article 123 § 1 (3) and (4) of the Code of Criminal Procedure (risk of reoffending and gravity of charges), without setting any time-limits for the detention. The relevant part of the decision reads:\n“With regard to the defendants P.Ć., M.V., A.Ć., S.K. and Vlatko Šoš the detention was extended under Article 123 § 1 (3) of the Code of Criminal Procedure. Given the scale of the alleged criminal activity, the period in which it has taken place, the extent of [the defendants’] organisation, and the fact that they have allegedly smuggled large quantities of cocaine for the purpose of its further distribution, 338 kilograms of which has been seized in Spain, this panel finds that it suggests special circumstances justifying the fear that they may reoffend.\nThe detention of the defendants P.Ć., M.V., A.Ć., S.K. and Vlatko Šoš was also extended under Article 123 § 1 (4) of the Code of Criminal Procedure. This panel finds that the case concerns a particularly grave offence under Article 173 § 3 of the Criminal Code for which a sentence of long-term imprisonment has been prescribed. Specifically, the very fact that [the case] concerns a large number of persons organised in a criminal enterprise for the purpose of trafficking large quantities of cocaine, for which purpose the defendant P.Ć. established a criminal organisation in Croatia, as well as the fact that a venture of trafficking of large quantities of the drug, such as the one smuggled by the defendants, is not undertaken by individuals who are not aware of the trafficking, suggest that the circumstances of the offence were particularly serious. The defendants are charged with acting on the basis of a prepared plan and agreement for permanently trafficking large quantities of cocaine, and in the period between January 2010 and 19 May 2011 they smuggled large quantities of [that drug] for the purpose of further distribution. The undisputed purity of the last shipment of the seized cocaine amounting to 338.29 kilograms means that it could have been used for making at least 3,000 doses for individual use ... which, on the black market, could have endangered the health of a high number of persons. These circumstances of the offence surpass the usual circumstances in which [such offences] are committed, and therefore they suggest that the charges are particularly serious.”", "53. The applicant appealed against the above decision to the Supreme Court. On 28 November 2012 the Supreme Court dismissed his appeal as ill-founded, upholding the decision of the Split County Court.", "54. On 25 January 2013 a three-judge panel of the Split County Court extended the applicant’s pre-trial detention under Article 123 § 1 (3) and (4) of the Code of Criminal Procedure (risk of reoffending and gravity of charges), reiterating the wording of its previous decision and without setting any time-limits for the detention.", "55. The applicant appealed against the decision on his pre-trial detention to the Supreme Court, arguing that it lacked relevant and sufficient reasons.", "56. On 20 February 2013 the Supreme Court found that the applicant’s detention was to be extended only under Article 123 § 1 (3) of the Code of Criminal Procedure (risk of reoffending). It explained that the 2013 amendments to the Criminal Code provided that the offence at issue was punishable by a prison sentence of between three and fifteen years and no longer by long-term imprisonment. It was therefore not possible to remand the applicant on the grounds of the gravity of the charges since the possibility of imposing a sentence of long-term imprisonment was one of the conditions for extending pre-trial detention under Article 123 § 1 (4) of the Code of Criminal Procedure (gravity of charges).", "57. On 20 April 2013 a three-judge panel of the Split County Court extended the applicant’s pre-trial detention under Article 123 § 1 (3) of the Code of Criminal Procedure (risk of reoffending), relying on its previous reasoning and without setting any time-limits for the detention.", "58. The applicant appealed against that decision before the Supreme Court, reiterating that his continued detention had not been based on relevant and sufficient reasons. On 24 May 2013 the Supreme Court dismissed his appeal as ill-founded.", "59. Meanwhile, on 17 May 2013, following the expiry of the maximum period of the applicant’s pre-trial detention, a three-judge panel of the Split County Court exceptionally extended this maximum time-limit for his detention for a further six months, relying on section 35 of the Act on the Office for the Suppression of Corruption and Organised Crime (see paragraph 71 below). It held that the time-limit for his detention before the adoption of the first-instance judgment would expire on 19 November 2013.", "60. The applicant challenged the extension of the time-limit for his pre-trial detention before the Supreme Court, arguing that such a measure was unreasonable. He pointed out that the first-instance judgment could not be adopted before 19 November 2013 given that so far only the preparatory hearing had been scheduled. The applicant also contended that the impugned decision lacked relevant and sufficient reasons warranting his continued detention on the ground of the risk of reoffending.", "61. On 7 June 2013 the Supreme Court dismissed the applicant’s appeal, upholding the decision to extend the time-limit for his pre-trial detention.", "62. On 2 August 2013 a three-judge panel of the Split County Court extended the applicant’s pre-trial detention under Article 123 § 1 (3) of the Code of Criminal Procedure (risk of reoffending), reiterating its previous reasoning and without setting a time-limit for the detention. It also held that the applicant’s detention could not be replaced by less severe preventive measures.", "63. The applicant challenged that decision before the Supreme Court, arguing that in view of all the circumstances of the case, his continued detention was unreasonable.", "64. On 9 September 2013 the Supreme Court dismissed the applicant’s appeal, upholding the decision of the Split County Court.", "65. On 19 November 2013 the applicant was released from detention as the maximum statutory time-limit for his detention had expired." ]

[ "5" ]

[ 30 ]

[]

[ "5. The applicant was born in 1931 in Huercal-Overa, Almería and lives in La Laguna, Tenerife.", "6. On 27 May 2003 La Laguna University lodged a criminal complaint against the applicant, a professor at the university’s Faculty of Pharmacy, accusing him of committing forgery. The university claimed that the applicant had presented a falsified curriculum vitae in the framework of a public tender for the allocation of pharmaceutical establishment licences.", "7. On 6 February 2004, La Laguna investigating judge no. 1 ordered the suspension of the criminal investigation, considering that there were no objective reasons to believe that the crime had been committed.", "8. The university submitted an appeal to the Santa Cruz de Tenerife Audiencia Provincial. In a decision (auto) of 19 May 2006, the Audiencia Provincial allowed the appeal and quashed the investigating judge’s decision declaring the suspension of the criminal investigation, holding that additional investigation proceedings were necessary. The Audiencia Provincial’s chamber was composed of judges A. (president), S. and C.", "9. On 19 January 2008, La Laguna investigating judge no. 1 issued a decision (auto de transformación en procedimiento abreviado) confirming the conclusion of the investigatory stage and the continuation of the proceedings, and ordering the parties to submit their provisional pleadings. The applicant lodged an appeal against the decision. On 21 June 2008 an Audiencia Provincial chamber composed of judges S. (president), Sa., and C. declared the appeal inadmissible.", "10. On 8 June 2010 the Audiencia Provincial issued an order (providencia) that the applicant’s case be sent for trial. It was also indicated in the order that the bench of the Audiencia Provincial that would try the applicant would be composed of judges A. (president), S. and G.", "11. On 1 July 2010 the Audiencia Provincial held a preliminary hearing for the examination of evidence prior to trial. Contrary to what had been indicated in the Audiencia Provincial’s order of 8 June 2010, the trial bench was composed of A. (president), G. and Sa., the latter acting as substitute judge. The defence lawyer was informed at the beginning of the preliminary hearing that the composition of the Audiencia Provincial bench had been modified. The applicant claimed that he had not, however, been personally given the names of the judges sitting on the modified bench.", "12. On 15 and 20 July the trial hearing was held before the Audiencia Provincial’s bench. The judges sitting on it remained the same as in the preliminary hearing.", "13. On 27 July 2010 the same Audiencia Provincial bench found the applicant guilty of the offence as charged and sentenced him to three years and six months’ imprisonment, a suspension from office for the same period of time, and a fine of 25 euros (EUR) per day for eight months.", "14. The applicant appealed on points of law to the Supreme Court complaining, inter alia, of lack of impartiality on the part of two of the judges sitting on the Audiencial Provincial bench. The applicant claimed that Judge A., president of the chamber, had previously sat on the bench that had heard the appeal introduced by the private prosecutor against the suspension of the criminal investigation (see paragraph 8 above). The applicant further claimed that Judge Sa. had participated as a substitute judge in the proceedings brought by La Laguna University, while being at the same time an associate professor and an employee with administrative duties at that university. According to the applicant, his post at the university was incompatible with his role as a judge in the proceedings.", "15. On 20 May 2011 the Supreme Court ruled in the following terms. As regards Judge A., the Supreme Court found in particular that the applicant had failed to challenge the judge, even though he had had an opportunity to do so, having been informed of the composition of the bench when it was constituted on 8 June 2010. The Supreme Court pointed out that section 223(1) of the Organic Law on the Judiciary laid down the condition that the disqualification of a judge must be applied for as soon as the grounds for removal were known, failing which the application would be inadmissible.\nThe Supreme Court stated a fortiori that the decision of 19 May 2006 requesting additional investigation proceedings could not be perceived as a measure likely to undermine the objective impartiality of the trial court inasmuch as the Audiencia Provincial had confined itself to holding that the investigation had not been complete and that the proceedings had been closed by means of a unreasoned and hasty decision.\nAs regards Judge Sa., the Supreme Court noted that the defence lawyer had been informed for the first time about the new composition of the Audiencia Provincial bench at the beginning of the preliminary hearing of 1 July 2010, without any reasonable justification for such a belated communication. As to the substance of the complaint, the Supreme Court held that the circumstances alleged by the applicant did not fall within any of the grounds for challenging the composition of the trial bench prescribed by section 219 (9) (10) (16) of the Organic Law on the Judiciary, nor did they fall within the incompatibility grounds prescribed by section 389 of the Organic Law on the Judiciary. In particular, the Supreme Court found that the applicant had failed to demonstrate that Judge Sa. had any interest in the outcome of the proceedings. The fact that the judge was an associate professor at the university was not sufficient in that regard. The Supreme Court found that there was no indication that Judge Sa.’s relationship with the university had any connection or link with the substance of the criminal proceedings brought against the applicant.", "16. The Supreme Court however reduced the sentence imposed on the applicant by the Audiencia Provincial to one year and six months’ imprisonment (with suspension from office) and a fine of EUR 25 per day for four months, in view of the damage suffered by the applicant as a result of the excessive and unjustified duration of the criminal proceedings, which had lasted for more than seven years.", "17. The applicant filed an amparo appeal with the Constitutional Court complaining, inter alia, of a breach of his right to a fair hearing by an independent and impartial tribunal under article 24 §§ 1 and 2 of the Spanish Constitution. By an order (providencia) of 7 March 2012, the Constitutional Court declared the applicant’s amparo appeal inadmissible. The Constitutional Court found, in particular, that the applicant had failed to raise his complaints of lack of impartiality in the previous judicial proceedings (non-exhaustion of previous judicial remedies). The inadmissibility order was served on the applicant on 13 March 2012." ]

[ "6" ]

[ 12 ]

[]

[ "6. The applicant was born in 1951 and lives in Gödöllő.", "7. In November 1991 the applicant took up the position of pastor in the Hungarian Calvinist Church (Magyar Református Egyház). As of December 2003, he served in the parish of Gödöllő. His rights and obligations as well as his remuneration were set out in an appointment letter (lelkészi díjlevél) issued by the parish presbyters.", "8. On 22 June 2005 the applicant was informed that disciplinary proceedings had been instituted against him for stating in a local newspaper that State subsidies had been paid unlawfully to a Calvinist boarding school. Meanwhile, on 21 June 2005 the first-instance ecclesiastical court had suspended the applicant’s service with immediate effect until a decision on the merits, for a maximum of sixty days. The applicant received a letter stating that he was entitled, under section 82(1) of Statute no. I of 2000 of the Hungarian Calvinist Church, to 50% of his service allowance during the period of his suspension.", "9. On 27 September 2005 the first-instance ecclesiastical court removed the applicant from service, as a disciplinary measure. On an unspecified date, the second-instance ecclesiastical court upheld that decision and terminated the applicant’s service with effect from 1 May 2006.", "10. On 26 June 2006 the applicant took his case to the Pest County Labour Court, seeking the payment of 50% of his service allowance and other benefits to which, in his view, he should have been entitled during the period of his suspension. Arguing that his suspension had reached its statutory maximum duration on 21 October 2005, he also sought the payment of the whole service allowance from that date until the termination of his service, that is, 30 April 2006. He argued in substance that his ecclesiastical service was analogous to employment, referring to tax rules to that effect (see paragraph 20 below).", "11. On 22 December 2006 the Labour Court discontinued (megszüntette) the proceedings, holding that it had no jurisdiction to adjudicate on the applicant’s claim. It considered that under section 2(3) of Statute no. I of 2000 of the Hungarian Calvinist Church, pastors’ service with the Church was regulated by ecclesiastical rules, whereas laymen’s employment with the Church was governed by the State’s Labour Code. Accordingly, since the dispute before it concerned the applicant’s service as a pastor, the provisions of the Labour Code were not applicable in the case, and there existed no judicial avenue before the State courts to decide on his claims.\nThe Pest County Regional Court upheld the decision on appeal on 27 April 2007. The applicant did not apply for a review to the Supreme Court.", "12. On 10 September 2007 the applicant lodged a civil-law claim against the Hungarian Calvinist Church. His claim was based in the first place on sections 277(1) and 478(1) of the [old] Civil Code and on the agency contract he had allegedly concluded with the Church. He maintained that for the period from 21 October 2005 (that is, the date when the suspension allegedly became unlawful) until 30 April 2006 (that is, the date of termination of his appointment) he was entitled to a fee for his services, which corresponded to the service allowance set out in his appointment letter. He thus sought enforcement of the contract. Alternatively, he based his claim on sections 318(1) and 339(1) of the [old] Civil Code and on the breach by the Church of its contractual obligations under the agency contract. He argued that by not paying him the allowance due for the period between 21 October 2005 and 30 April 2006, the Church had failed to fulfil its contractual obligations. He thus claimed damages, amounting to the loss of service allowances to which he would have been entitled under the contract for the above-mentioned period.", "13. The Pest Central District Court dismissed the applicant’s claim on the grounds that no contractual relationship had been established between the parties under civil law. In the court’s view, the claim had no basis in civil law. It therefore did not embark on an assessment of the applicant’s secondary claims, such as liability for breach of contract or recognition of debt.", "14. The Budapest Regional Court upheld the first-instance decision on appeal, reasoning that the Hungarian Calvinist Church had no standing in the proceedings, since the applicant had been appointed by the parish of Gödöllő, a separate legal entity.", "15. The applicant lodged a petition for review with the Supreme Court. By its decision of 28 May 2009, the Supreme Court quashed the final decision and discontinued (megszüntette) the proceedings. It stated as follows:\n“... In order to determine the rules applicable to the agreement (megállapodás) in question and to the implementation of the rights and obligations arising from it, it is necessary to have regard to the very purpose of the agreement underlying the plaintiff’s actual claim as well as the elements thereof defining the parties’ rights and obligations. The first-instance court rightly stated in its assessment that the agreement serving as the basis of the applicant’s claim was not an agency contract regulated by civil law or concluded by and between parties enjoying personal autonomy in the marketing of [goods and services]. The plaintiff was appointed as a pastor in an ecclesiastical procedure, and the obligations of the respondent were defined in an appointment letter by the assembly of presbyters. The parties established between themselves a pastoral service relationship, regulated by ecclesiastical law.\nUnder section 15(1) of Act no. IV of 1990 on Freedom of Conscience and Religion and on Churches, the Church is separated from the State. Under sub-section (2), no State coercion can be used to enforce the internal laws and regulations of Churches.\nRelying on the above provisions, the applicant can make a claim under the ecclesiastical law before the relevant bodies of the Calvinist Church. The fact that the agreement concluded under ecclesiastical law resembles a contractual agreement under the Civil Code does not prompt State jurisdiction or the enforceability of the claim in a judicial procedure within the meaning of section 7 of the Civil Code. (In the given case the basic elements of an agency contract and the conclusion of such a contract could not be established either.)\nThe labour court reached the same conclusion in the earlier proceedings when assessing the claim under the State labour law and dismissing its enforcement in judicial proceedings.\nThe first-instance court was right to point out that as the impugned agreement lacked a civil-law legal basis, the court could not examine the applicant’s secondary claim (compensation for breach of contract). On the basis of the reasoning above, there were no grounds to adjudicate on the claim on the merits.\nThe Supreme Court accordingly quashes the final judgment, including the first‑instance judgment, and discontinues the proceedings under sections 130(1) (a) and 157 (a) of the Code of Civil Procedure...”\nThis decision was served on the applicant at some point in time after 9 July 2009." ]

[ "14", "6" ]

[ 9 ]

[]

[ "5. The applicant was born in 1941 and lives in Yerevan.", "6. A third person, G., owned a plot of land, a part of which, with her consent, was separated by a fence and used by another person, J.", "7. On 21 April 1998 G. concluded an agreement with J., according to which she gave a part of her plot of land, measuring 285 sq. m., to him. It appears that the plot of land actually used by J., as separated by the fence, was 38.75 sq. m. bigger than the 285 sq. m. plot given by G. The 38.75 sq. m. also belonged to G. In this connection, another agreement was reached between G. and J., according to which G. gave her consent for J. to become the owner of the whole plot of land used by him. However, it appears that J.’s ownership rights were officially registered only in respect of the plot of land measuring 285 sq. m.", "8. On 28 April 1998 the applicant bought the larger plot of land from J. and, since the fence was still in place, continued to use also the 38.75 sq. m. strip of land.", "9. In 2004 G. instituted proceedings against the applicant, seeking to take the 38.75 sq. m. strip of land used by the applicant, claiming her ownership rights.", "10. On 14 December 2006 the Erebuni and Nubarashen District Court of Yerevan granted the claim, ordering the applicant to release the strip of land to G.", "11. On an unspecified date the applicant lodged an appeal.", "12. On 9 March 2007 the Civil Court of Appeal granted the appeal and dismissed G.’s claim. In particular, the Court of Appeal found that since G. had agreed that J. become the owner of the plot of land used by him, as separated by the fence, she had relinquished her rights in respect of the strip of land in favour of J. and, consequently, in favour of the applicant.", "13. This judgment was subject to appeal on points of law within six months from the date of its delivery.", "14. On 26 March 2007 G. lodged an appeal on points of law against the judgment of 9 March 2007 with the Court of Cassation, claiming that it had been adopted in violation of substantive and procedural law. As a ground for admitting her appeal on points of law, G. submitted, pursuant to Article 231.2 § 1 (3) of the Code of Civil Procedure (the CCP), that the violations of the substantive and procedural law might have grave consequences, such as deprivation of her ownership rights in respect of the plot of land.", "15. On 7 April 2007 amendments were introduced to the CCP which stipulated that there was no right to bring an appeal on points of law more than once, unless the Court of Cassation – when returning an appeal – fixed a time-limit to correct and re-submit it (see paragraph 26 below).", "16. On 12 April 2007 the Court of Cassation decided to return G.’s appeal as inadmissible for lack of merit. The reasons provided were as follows:\n“The Civil Chamber of the Court of Cassation ... having examined the question of admitting [G.’s appeal lodged against the judgment of the Civil Court of Appeal of 9 March 2007], found that it must be returned for the following reasons:\nPursuant to Article 230 § 1 (4.1) of [the CCP] an appeal on points of law must contain any of the grounds [required by] Article 231.2 § 1 of [the CCP].\nThe Court of Cassation finds that the admissibility grounds raised in the appeal on points of law[, as required by] Article 231.2 § 1 of [the CCP], are absent. In particular, the Court of Cassation considers the arguments raised in the appeal on points of law concerning a possible judicial error and its consequences, in the circumstances of the case, to be unfounded.\n...\nAt the same time, the Court of Cassation does not find it appropriate to fix a time‑limit for correcting the shortcomings and lodging the appeal anew.”", "17. This decision entered into force from the moment of its delivery and was not subject to appeal.", "18. On 7 September 2007 G. lodged another appeal on points of law with the Court of Cassation against the judgment of the Court of Appeal of 9 March 2007, alleging violations of substantive and procedural law. As a ground for admitting her appeal G. indicated, in addition to the ground mentioned in her appeal of 26 March 2007, that the judicial act to be adopted by the Court of Cassation on her case might have a significant impact on the uniform application of the law, and that the contested judgment of the Court of Appeal contradicted a judicial act previously adopted by the Court of Cassation.", "19. On 1 October 2007 the Court of Cassation decided to admit the appeal for examination. The reasons provided were as follows:\n“[The appeal] must be admitted for examination since it satisfies the requirements of Articles 230 and 231.2 § 1 of [the CCP].”", "20. On 8 October 2007 the applicant lodged a reply to G.’s appeal with the Court of Cassation where, inter alia, he stated that the admission of G.’s second appeal by the Court of Cassation was in violation of the principle of res judicata and his property rights. When the Court of Cassation, by its decision of 12 April 2007, had returned G.’s appeal without fixing a time‑limit to correct any shortcomings and to re-submit the appeal, the judgment of the Court of Appeal of 9 March 2007 became final and binding.", "21. On 12 December 2007 the Court of Cassation examined G.’s appeal on the merits and decided to grant it partially by quashing the judgment of the Court of Appeal of 9 March 2007 in its part related to G.’s property claim in respect of the plot of land and remitting the case for a fresh examination. The Court of Cassation found that the Civil Court of Appeal, when reaching its conclusions, had failed to take into account an expert opinion which was among the materials of the case file, as well as to indicate the provisions of the domestic law on which its judgment had been based.", "22. On 1 April 2008 the General Jurisdiction Court of Erebuni and Nubarashen Districts of Yerevan conducted a fresh examination of G.’s claim and granted it by recognising G.’s ownership rights in respect of the strip of land in question.", "23. On an unspecified date the applicant lodged an appeal.", "24. On 10 July 2008 the Civil Court of Appeal dismissed the applicant’s appeal and upheld the judgment of the District Court." ]

[ "P1-1", "6" ]

[ 11 ]

[]

[ "4. The applicant was born in 1926 and lives in Durrës.", "5. The applicant’s father was the owner of two plots of agricultural land, which, at some point, were expropriated by the communist regime.", "6. On 19 September 1996 the Durrës District Court acknowledged the existence of the applicant’s inherited property rights to a plot of agricultural land measuring 72,000 sq. m in accordance with Article 388 of the Civil Code (vërtetim fakti juridik). The operative provision reads as follows:\n“the court accepts the plaintiff’s civil action and acknowledges the existence of the legal fact that his father possessed an agricultural plot of land measuring 72,000 sq. m (...). This recognition is made for compensation purposes (“pranimin e kërkesë padisë së paditësit Xhaferr Bici duke vërtetuar faktin juridik të pronësisë së babait të tij mbi një sipërfaqe toke bujqësore 72,000 sq. m (...). Kjo njohje bëhet për efekt kompensimi).”", "7. On 26 September 1996 the applicant, relying on the District Court’s decision, lodged an application with the Durrës Property Restitution and Compensation Commission (Komisioni i Kthimit dhe Kompensimit të Pronave – “the Commission”) seeking the recognition, restitution and/or compensation of the property.", "8. From 2001 to 2008, the applicant requested several authorities to recognise his property right and restore the property to him.", "9. On 11 March and 19 November 2002 the Durrës Prefecture (Prefektura e Qarkut Durrës) and the Commission stated that the application had been pending since 1996. The Commission also stated that the application was to be examined on the basis of the 1993 Property Act, as amended.", "10. On 28 August 2007 the Commission confirmed that no decision had been taken in relation to the application of 26 September 1996. The letter included a list of documents that were part of the applicant’s file.", "11. On 14 July 2008 the Commission returned the applicant his application of 26 September 1996. It stated that no decision could be taken on the strength of the District Court’s decision of 19 September 1996 on the basis of section 17 of the 2004 Property Act, as amended (see paragraph 16 below). It further noted that the 1993 Property Act and the subsequent statutory legal acts, which provided for the recognition of the property rights on the basis of a decision acknowledging the existence of a legal fact about alleged property rights (vërtetim fakti juridik), had been repealed.", "12. There is no acknowledgment of receipt of the Commission’s letter of 14 July 2008 by the applicant." ]

[ "6" ]

[ 2, 5 ]

[]

[ "5. The first applicant was born in 1978; the second, third and fourth in 1981; and the fifth in 1982. With the exception of the second applicant who died on 9 March 2014, the applicants currently live in Kyiv. Ms O.P. Vorona, the second applicant’s mother, informed the Court of her wish to pursue the application on his behalf.", "6. The applicants, along with two other persons, were co-defendants in criminal proceedings instituted against them in October 2005. The charges against them included a number of counts of ill-treatment, theft, extortion and abuse of power, which the applicants allegedly committed during their service in the police.", "7. At about 9 a.m. on 14 October 2005 the applicants, then police officers, were arrested by a special police unit and taken to the Kyiv City Police Department to be questioned by the prosecutors responsible for the investigation. Later that day the prosecutors ordered the applicants’ detention under Article 115 of the Code of Criminal Procedure of 1960. During the night of 14 to 15 October 2005 they were taken to police stations in the Shevchenkivskyy and Podilskyy Districts of Kyiv.", "8. On 15 October 2005 the applicants were taken back to the Kyiv City Police Department for questioning.", "9. The applicants were detained on different police premises until the end of October 2005, when they were placed in the Kyiv Temporary Detention Centre (слідчий ізолятор – “SIZO”).", "10. From 17 October 2005 until the pre-trial investigations were completed and the case was referred to the Desnyanskyy District Court of Kyiv for trial on 12 December 2006, the courts at three levels of jurisdiction ordered the applicants’ continued detention. The courts based their decisions mainly on the grounds that the case was complex and the investigations were pending, that the applicants were accused of serious crimes, that they might evade investigation and trial and obstruct the establishment of the truth in the case, and that they might continue committing crimes. No further details were given by the courts. Some of the decisions also contained a statement that the applicants’ state of health and family situation had been duly noted. Between 14 and 23 January 2007 the applicants continued to be detained as the case was awaiting examination by the trial court. There was no decision authorising the applicants’ detention during that period.", "11. At trial, which started with a preliminary examination of the case on 23 January 2007, the courts refused the applicants’ and their lawyers’ repeated requests for release. Some of the decisions made reference to the seriousness of the crimes of which the applicants were accused and stated that there were no grounds for changing the preventive measures imposed, while other decisions provided no explanation for the refusal to release the applicants.", "12. On 25 May 2007 the District Court ordered the second applicant’s release on an undertaking not to abscond.", "13. On 28 October 2008 the District Court convicted the applicants and sentenced them to five years’ imprisonment with a ban on holding office in a law-enforcement capacity for three years and with confiscation of property. The second applicant’s sentence was suspended for three years. The other applicants were ordered to remain in detention pending the entry into force of the judgment.", "14. On 14 May 2009 the Court of Appeal quashed the first-instance court’s judgment and adopted a new judgment, convicting the applicants and sentencing them to longer periods of imprisonment. It also ordered the second applicant’s detention.", "15. On 3 November 2009 the Supreme Court quashed the judgment of the Court of Appeal, mainly because of the lower court’s incomplete examination of the facts and non-compliance with the rules of procedure, and remitted the appeal against the judgment of 28 October 2008 to the Court of Appeal for reconsideration. The Supreme Court did not examine the applicants’ and their lawyers’ requests for release.", "16. On 24 December 2009 the Court of Appeal quashed the judgment of 28 October 2008, finding that the first-instance court had failed to duly examine the applicants’ arguments and evidence, and that the criminal classification of their actions had been incorrect. The case was remitted to the District Court for retrial. The applicants were ordered to remain in detention.", "17. In the course of the new examination of the case at first instance the applicants requested the District Court to release them arguing that there was no reason for their further detention and that their state of health was declining. On 15 February 2010 the District Court refused the requests as unsubstantiated.", "18. On 13 August 2010 the District Court delivered a new judgment, finding the applicants guilty of a number of counts of torture, extortion, knowingly unlawful searches, and abuse of power. With the exception of the fourth applicant, they were also convicted of theft and forgery. The applicants were sentenced to five years’ imprisonment and banned from holding office in a law-enforcement capacity for three years. The court also ordered the confiscation of the property of some of the applicants. The second applicant was dispensed from serving his sentence and released from detention. The others were ordered to remain in detention pending the entry into force of the judgment. The starting date for the calculation of the duration of their imprisonment was 14 October 2005.", "19. The third and fourth applicants and the prosecutor appealed against the judgment. The prosecutor challenged, in particular, the first-instance court’s refusal to find that the applicants had committed the crimes as members of an organised group, resulting in the wrong classification of their actions. The prosecutor also argued that the sentence was too lenient.", "20. On 14 September 2010 the case was transferred to the Court of Appeal. On 21 October 2010 the Court of Appeal allowed in part the prosecutor’s procedural request and decided to examine afresh the evidence concerning the part of the case challenged by the prosecutor.", "21. The first, third, fourth and fifth applicants requested the Court of Appeal to release them, arguing that by 14 October 2010 they had had served their sentences and that there were no grounds to suggest that they would avoid further proceedings in their case. The first and fifth applicants also argued that during their detention in the SIZO their state of health was declining.", "22. On 8 November 2010 the Court of Appeal refused the applicants’ requests for release, holding that they were accused of serious crimes and sentenced to five years’ imprisonment, that the judgment of 13 August 2010 did not enter into force and that it was being challenged by the prosecutor and by two of the applicants. On 17 January 2011 the Court of Appeal refused the applicants’ repeated requests for release principally for the same reasons, having further noted that the verdict was being challenged inter alia for the reason of lenient sentence and that it was being reviewed by that court.", "23. In the course of the proceedings before the Court of Appeal, about thirty hearings took place. On 20 September 2011 the Court of Appeal allowed the prosecutor’s appeal and quashed the judgment of 13 August 2010. The appeals of the third and fourth applicants were dismissed as unsubstantiated. The Court of Appeal adopted another new judgment, convicting the applicants and sentencing them to longer periods of imprisonment. In particular, the first applicant was sentenced to eight years’ imprisonment, the second applicant to six years, the third and fifth applicants to seven and a half years, and the fourth applicant to seven years. It ordered the second applicant’s detention. The other applicants were also ordered to remain in detention. The starting date for the calculation of the duration of the first, third, fourth and fifth applicants’ imprisonment was 14 October 2005. The Court of Appeal further ruled that the second applicant’s detention between 14 October 2005 and 25 May 2009 and between 14 May 2009 and 13 August 2010 counted towards the duration of his imprisonment, the calculation of which had to start from the date on which the enforcement of the judgment of 20 September 2011 would begin.", "24. On 8 May 2012 the Higher Specialised Court for Civil and Criminal Matters quashed the judgment of 20 September 2011 for various procedural violations, including the failure of the Court of Appeal to question the applicants concerning the charges, the unreasoned refusal to examine the material concerning the allegations of police ill-treatment (see paragraphs 28-36 below) and for the court’s failure to comply with the instructions contained in the decision of the Supreme Court of 3 November 2009. The case was remitted to the Court of Appeal for fresh examination. The applicants were released from detention on an undertaking not to abscond.", "25. On 16 September 2014 the Court of Appeal quashed most of the judgment of 13 August 2010. It found the applicants guilty of seven counts of ill-treatment, extortion and abuse of power. The applicants, excluding the second applicant, were sentenced to four and a half years’ imprisonment. The second applicant was not sentenced because he had died in the meantime.", "26. In its decision of 16 September 2014, the Court of Appeal held that, in view of the case-file material on which the prosecutors’ decision of 16 May 2007 was based, there had been no violation of the applicants’ rights at the initial stage of the investigation. While injuries had been discovered on the first applicant’s body in October 2005 (see paragraph 30 below), the “possible use of force in the course of his arrest had had no impact on his [defence] position in the case”, as he had not confessed to having committed the crimes of which he had been suspected at the pre-trial stage. The Court of Appeal further found that the alleged psychological pressure – allegations made by the applicants at trial though not supported by any evidence – “had had no impact on the [defence] position” of the applicants.", "27. According to the fourth applicant, on 16 June 2015 the Higher Specialised Court for Civil and Criminal Matters quashed the judgment of the Court of Appeal of 16 September 2014 and delivered a new judgment. The parties have not provided a copy of that judgment.", "28. According to the first applicant, between 5 p.m. on 14 October 2005 and 2 a.m. on 15 October 2005 he was beaten up and threatened with physical violence by police officer B. for refusing to answer questions relating to the crimes of which he was suspected. In particular, officer B. hit the first applicant in the face, the body and the legs, and also tightened the handcuffs on his wrists, causing him considerable pain. During the same period several other police officers insulted and threatened the first applicant and his close family members in an attempt to force him to confess to having committed the crimes of which he was eventually charged. Because of the ill-treatment, the first applicant refused to be questioned on 14 October 2005. His refusal was recorded in the case file.", "29. On 17 October 2005 the applicant was taken to a police detention unit (ізолятор тимчасового тримання – “ITT”) in which he was examined by a paramedic who noted that he had bruises on his face and the legs.", "30. Further to instructions issued by the prosecutors, on 19 and 26 October 2005 the first applicant was examined by doctors, who noted a number of bruises on his face and legs. They stated that the injuries could have been inflicted by “blunt objects” during the period referred to by the applicant (see paragraph 28 above).", "31. On an unspecified date an official inquiry was launched into the first applicant’s allegations of ill-treatment. During the inquiry, the first applicant and his close relatives made detailed submissions, giving the names of some of the alleged offenders and specifying the time-frame and the place of the relevant events.", "32. The inquiry initially resulted in a decision of 14 November 2005, by which the prosecutors rejected the complaints as unfounded. Following an appeal lodged by the first applicant, in September 2006 a district court quashed that decision, finding that the inquiry had been incomplete. In particular, the court noted that the prosecutors had not questioned the first applicant and his co-accused, that not all the police officers involved in the events had been questioned, and that the origin of the first applicant’s injuries had not been established. In March 2007 the courts found a further inquiry also incomplete, inter alia, because the prosecutors had failed to establish the origin of the first applicant’s injuries. The matter was again remitted to the prosecutors.", "33. On 16 May 2007 the prosecutors rejected the complaints as unsubstantiated, finding that there was no evidence that the first applicant’s bruises had been inflicted by police officers. The prosecutors’ decision was principally based on the statements of the police officers who had taken part in the first applicant’s arrest and those who had been in contact with him afterwards. Those police officers stated that the first applicant had not been subjected to “physical or psychological coercion” and that he had not raised any complaints in that regard on 14 or 15 October 2005. They also argued that after his arrest on 14 October 2005 and until his placement in a cell at the Shevchenkivskyy District police station on 15 October 2005, the first applicant had been under the constant supervision of several police officers. At the police station, he had been detained alone in a cell and “without constant supervision” of the police. In his statements, officer B. also suggested that the first applicant had complained about him because the first applicant had been dissatisfied with the fact that officer B. had recorded all the items found in the car which he and his fellow suspects had used. During the search of that car the first applicant had insulted officer B. The incident had been witnessed by other people.", "34. In their decision, the prosecutors also referred to the statements of the doctor who had examined the first applicant on 26 October 2005, obtained during the inquiry. In particular, the doctor stated that, given the location of the first applicant’s injuries, it could not be ruled out that they had been inflicted by the first applicant himself or “by a traumatic impact with a blunt object”.", "35. The prosecutors’ decision was eventually upheld by the courts of first and appeal instances on 29 August and 21 November 2007 respectively.", "36. Relying on the prosecutors’ findings, the District Court and the Court of Appeal dealing with the applicants’ criminal case also rejected identical complaints lodged by the first applicant, finding that the “possible use of force in the course of his arrest had had no impact on [his defence] position in the case”, as the first applicant had not confessed to having committed the crimes of which he had been suspected at the pre-trial stage (see, in particular, paragraph 26 above).", "37. In April 2006 the fourth applicant was examined by a doctor from the SIZO medical unit and was diagnosed with chronic prostatitis. In September 2006 he was further examined by a doctor and an urologist from the SIZO medical unit, who prescribed specific medication for the treatment of his chronic prostatitis. Subsequently, the fourth applicant underwent a number of medical checks by SIZO doctors in October and December 2006, June 2007, April and May 2008, May 2009, and June 2010, in the course of which it was confirmed that he had a serious urological dysfunction, often diagnosed as chronic prostatitis. He was prescribed specific medication.", "38. During that period of time the fourth applicant, his lawyer and members of his family asked the authorities to allow the fourth applicant to be examined at a specialised clinic, but to no avail. Requests for the fourth applicant’s release in view of his state of health were also refused. By a letter dated 21 April 2008, the SIZO governor informed the fourth applicant’s lawyer that the SIZO medical unit did not have the equipment necessary to make an accurate diagnosis of the fourth applicant’s condition.", "39. During a court hearing in the applicants’ criminal case on 2 February 2011 an ambulance was called for the fourth applicant because he was suffering from acute bladder pain. Doctors noted that he needed urgent catheterisation of the bladder. The judge of the Court of Appeal dealing with the applicants’ criminal case asked the SIZO governor to provide the fourth applicant with adequate medical assistance, transferring him to a civilian hospital if necessary. On the same day, the fourth applicant was examined on the premises of the SIZO by a doctor from a civilian hospital. The doctor diagnosed him with acute chronic prostatitis and chronic cystitis, prescribed an antispasmodic drug and instructed him to undergo a urine test. He found no reason to prescribe urgent hospitalisation. The next day the fourth applicant underwent a urine test, which did not reveal any pathology.", "40. On 3 February 2011, following a complaint by the fourth applicant’s mother that he had not received the required medical treatment, the judge of the Court of Appeal sent a letter to the SIZO governor requesting him, for the second time, to provide the fourth applicant with adequate medical assistance, transferring him to a civilian hospital if necessary.", "41. On 4 February 2011 the fourth applicant was taken to a civilian hospital where he was examined by a urologist, who diagnosed him with chronic prostatitis and chronic cystitis without a urinary disorder. The urologist found that the fourth applicant did not need a catheter or inpatient treatment. He was prescribed special medication.", "42. Subsequently, in February and March 2011 the fourth applicant was further examined and treated with medication by a dermatologist from the SIZO medical unit, who eventually noted a certain improvement in his urological problem.", "43. On 31 March 2011, following the fourth applicant’s request for interim measures under Rule 39 of the Rules of Court, the Court asked the Government to provide information concerning the fourth applicant’s state of health.", "44. On 5 April 2011 the fourth applicant was examined by a panel of SIZO doctors and diagnosed with chronic prostatitis at the remission stage.", "45. On 8 April 2011 a urologist from a civilian hospital examined the fourth applicant. He was diagnosed with urethroprostatitis at the exacerbation stage. Urine and prostatic fluid tests were recommended. Following the tests, the urologist prescribed specific medication.", "46. On 4 May 2011, having received updated information concerning the fourth applicant’s medical situation from the Government and the fourth applicant himself, the Court decided to refuse his request under Rule 39.", "47. Urologists carried out further medical examinations in September and October 2011. They noted that the fourth applicant was suffering from acute chronic prostatitis and chronic cystitis and prescribed him medication, which he received in a parcel from his relatives in October 2011.", "48. By a letter of 17 October 2011, the deputy head doctor of a civilian hospital at which the fourth applicant had been examined informed the applicant’s lawyer that the treatment initially prescribed had been ineffective and that the fourth applicant needed “physiotherapeutic treatment along with ethiopathogenetic medication, which could not be made available in the SIZO”.", "49. On 10 November 2011 the Court indicated, under Rule 39, that the Government should ensure that the applicant was urgently provided with medical treatment for his health problems in accordance with the doctors’ instructions, including those contained in the aforementioned letter of 17 October 2011. The interim measure was eventually lifted on 5 February 2013.", "50. On 16 November 2011 the fourth applicant was examined by a urologist at a civilian hospital. He was diagnosed with chronic prostatitis beyond the stage of active inflammation and it was concluded that he did not require inpatient treatment. There is no information about his medical situation while in detention after that date.", "51. After his release from detention on 8 May 2012, the fourth applicant was further examined by various doctors. In particular, on 22 May 2012 he was examined at a private urological clinic; the doctor discovered “congestive inflammatory modification” of his prostate, chronic calculous prostatitis, double-sided vesiculitis (inflammation and infection of the seminal vesicles) and intra-pelvic venous (інтрапельвікальна) congestion. In June 2012 the fourth applicant underwent surgery on his urethra. In June 2014 he underwent similar surgery.", "52. According to the applicants, excluding the second applicant, when they were transported to and from court hearings they were kept for several hours in overcrowded prison vans, with insufficient access to fresh air and no heating. They were thus exposed to high temperatures in summer and freezing temperatures in winter. It took the vans several hours to get to the Desnyanskyy District Court and there were instances where, on returning to the SIZO, the applicants concerned had to wait in the vans for several hours while security checks were carried out.", "53. The applicants concerned stated that they had been transported in the above conditions on more than 200 occasions.", "54. They further submitted that on court days they had been routinely taken out of their cells at about 8 a.m. and before being taken to a prison van, had been placed in special transit boxes measuring 3.75 square metres with no ventilation for durations ranging from thirty minutes to several hours. Upon their return from court hearings, often at about 8 p.m., the applicants concerned had also had to wait for several hours in the same transit boxes before being escorted to their regular cells.", "55. According to the Government, prison vans measured 8 square metres inside and were designed to accommodate twenty-two people in three compartments (two larger ones, measuring 2.5 square metres and designed for ten passengers each, and one small compartment for two passengers). The vans had no windows, but they were equipped with ventilation grills and benches for sitting on. The Government further submitted that on average it took up to forty minutes to transport prisoners between the SIZO and the Court of Appeal.", "56. During their detention, the applicants, excluding the second applicant, received a certain number of one-hour visits by their close relatives, during which the applicants concerned and their visitors had to communicate via glass partition. No dates of those visits were specified. Nor did the applicants concerned claim that they or their relatives had requested any other visits. The applicants concerned stated that their relatives had had to consent to be questioned as witnesses in order to meet with the applicants concerned in detention." ]

[ "5", "3", "6" ]

[ 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 16, 17, 18, 19, 23, 24, 25, 26, 27, 30, 32, 33, 34, 36, 43, 45, 47, 48, 49, 50 ]

[]

[ "5. The applicant was born in 1969 and lives in Kyiv.", "6. Before his detention he had held the post of director of a joint-stock company in charge of the reconstruction of a city tram line in Kyiv financed from the local budget.", "7. On 20 July 2010 criminal proceedings were instituted in respect of the applicant, as well as two other persons, on suspicion of municipal property embezzlement in particularly large amounts in the context of the tram reconstruction works. More specifically, the applicant was suspected of having artificially increased the price of the crushed stone purchased by his company.", "8. On 21 July 2010 the investigator of the Police Department for Combating Organised Crime telephoned the applicant and invited him to appear to give some explanations. The applicant complied and was arrested. The investigator relied on Article 115 of the Code of Criminal Procedure (see paragraph 71 below) and substantiated the applicant’s arrest as follows:\n“the witnesses, including the victims, directly indicate this person as the one who committed the crime.”", "9. Furthermore, it was indicated that the applicant’s arrest was required with a view to:\n“Prevention of absconding from the investigation and court and ensuring execution of a verdict.\nPrevention of hindrances to the establishment of truth in a criminal case.”", "10. It was also noted in the arrest report that the applicant was suspected of a criminal offence under Article 191 § 5 of the Criminal Code (embezzlement involving particularly large amounts) and that the legal qualification of that crime, as well as the grounds for his arrest, had been explained to him. The applicant also confirmed in writing that his rights had been explained to him in an exhaustive manner and expressed a wish to be represented by a lawyer of his choice. His request was allowed.", "11. On 22 July 2010 the applicant’s lawyer challenged his client’s arrest as unlawful before the Golosiyivskyy District Court of Kyiv (“the Golosiyivskyy Court”).", "12. On the same date the investigator applied to the court for the applicant’s pre-trial detention as a preventive measure pending trial. The application repeated the grounds, on which the criminal proceedings in respect of the applicant had been instituted (see paragraph 7 above). It also noted that the potential punishment for the offence in question was from seven to twelve years’ imprisonment, which indicated that the applicant might abscond if at liberty.", "13. On 23 July 2010 a judge of the Golosiyivskyy Court ruled to extend the term of the applicant’s arrest to ten days. The reasoning was as follows:\n“Having studied the materials of the criminal case, having heard the explanations of the suspect, the opinion of the prosecutor who supported [the investigator’s] application and requested it to be granted, as well as the position of the defender who objected to that application, having regard to the character of the suspect who is suspected of having committed a particularly serious offence punishable by imprisonment of up to twelve years, bearing in mind that the investigation authorities have not collected sufficient information characterising the suspect and that no charges have been advanced against him, I find it necessary to extend the arrest of [the applicant] to ten days so that sufficient information be collected for the examination of the application in substance.\nFurthermore, as regards the [applicant’s] complaint about the unlawfulness of [his] arrest, it has been established that the [investigator] arrested him in compliance with Article 106 of the Code of Criminal Procedure; there are therefore no grounds for allowing this complaint.\nIn the light of the foregoing and with the purpose of prevention of attempts by the suspect to abscond from the investigation and trial, to hinder the establishment of truth in the criminal case, and in order to ensure compliance with procedural decisions, being guided by Article 165-2 of the Code of Criminal Procedure, the court –\nHAS RULED:\nTo extend the term of [the applicant’s] arrest to ten days ....\nTo recognise as lawful [his] arrest and to reject [the lawyer’s] complaint [in that regard] ...”", "14. On 28 July 2010 a charge of embezzlement involving particularly large amounts was brought against the applicant.", "15. On 29 July 2010 the Golosiyivskyy Court ordered his pre-trial detention (for two months) as a preventive measure pending trial. It noted that the applicant was suspected of having committed a particularly serious offence punishable by imprisonment of up to twelve years. Furthermore, the court took into account his “attitude to the committed offence” (the applicant denied his guilt). Lastly, the court observed that it had no information according to which the applicant’s detention would be incompatible with his state of health.", "16. On 30 July 2010 the applicant appealed. He submitted, in particular, that the first-instance court had failed to explain why it considered that he would abscond or hinder the investigation. The applicant further argued that the choice of the preventive measure had not been based on an adequate consideration of the particular circumstances of his case.", "17. On 5 August 2010 the Kyiv City Court of Appeal (“the Court of Appeal”) found against the applicant. It stated that the Golosiyivskyy Court had thoroughly examined and rejected his arguments.", "18. On 16 September 2010 the Golosiyivskyy Court extended the applicant’s pre-trial detention to four months. It repeated its earlier reasoning, having added that a considerable volume of investigative measures had yet to be conducted.", "19. On 17 September 2010 the applicant appealed submitting that the deprivation of liberty was the most restrictive preventive measure unjustified in his case. He submitted that the first-instance court had been formalistic and had failed to take into consideration the specific circumstances of the case.", "20. On 23 September 2010 the Court of Appeal upheld the ruling of the first-instance court of 16 September 2010 and its reasoning.", "21. On 19 November 2010 the Court of Appeal, sitting as a court of first instance, allowed another application of the investigator for extension of the applicant’s pre-trial detention, this time to five months. It explained this decision by the necessity to conduct additional investigative measures. As to the applicant’s request for release, it noted the following:\n“As regards [the applicant’s] request for the change of the preventive measure from detention to an undertaking not to abscond, it should be rejected, as the circumstances indicated in this request have already been verified by the court when the preventive measure was chosen in respect of [the applicant] and its grounds remain valid.”", "22. On 26 November 2010 a criminal case was opened in respect of the applicant on suspicion of another episode of embezzlement. It was joined to the first criminal case.", "23. On 3 December 2010 the investigator applied to the Court of Appeal for extension of the applicant’s pre-trial detention to seven months explaining it by the necessity to carry out further investigative measures.", "24. The applicant objected submitting, in particular, that the investigative measures with his participation had been limited to taking samples of his signature and handwriting, as well as the familiarisation with the earlier expert evaluations. Furthermore, he noted that his health had drastically deteriorated in detention.", "25. On 21 December 2010 the Court of Appeal extended the applicant’s detention to seven months. It also rejected his request for release under an undertaking not to abscond with a reasoning identical to that given earlier.", "26. On 4 January 2011 another criminal case was opened in respect of the applicant and several other persons on suspicion of creation of a criminal organisation aimed at embezzlement of municipal funds. It was joined to the previously opened criminal cases.", "27. On 17 February 2011 the Court of Appeal extended the applicant’s pre-trial detention to eight months and rejected his request for release on the same grounds as before.", "28. On 5 March 2011 the case was referred to the Podilskyy District Court of Kyiv (“the Podilskyy Court”) for trial.", "29. On 21 March 2011 the term of the applicant’s pre-trial detention expired.", "30. On 24 March 2011 the Podilskyy Court held a preparatory hearing, during which it decided to keep the applicant in detention. It noted that there were no grounds for changing that preventive measure.", "31. On 20 April 2011 the applicant lodged a request for release submitting that his health was deteriorating and that there was nothing to indicate that he would abscond or hinder the establishment of the truth if at liberty.", "32. On the same date the Podilskyy Court rejected the request. It noted that, according to the information from the SIZO administration, the applicant’s health condition was not incompatible with his detention. Furthermore, the court stated that he might abscond, hinder the establishment of the truth or continue his criminal activities if released.", "33. On 3 August, 7 September, 19 October and 21 December 2011, as well as on 24 January 2012, the Podilskyy Court rejected further requests by the applicant for release based on reasoning similar to that given in its ruling of 20 April 2011.", "34. On 6 March 2012 the Podilskyy Court allowed the applicant’s request for release subject to an undertaking not to abscond, having regard to the deterioration of his health and his need for specialised medical treatment.", "35. There is no information in the case file on any subsequent developments in the criminal proceedings against the applicant.", "36. The applicant has a long history of a number of illnesses. Prior to his detention, from 14 to 25 June 2010, he underwent inpatient medical treatment, in particular, for hypertension, vertebral osteochondrosis, cervical spondylosis, chronic cervicalgia, chronic prostatitis and diffuse goiter.", "37. On 21 July 2010 the applicant was arrested (see paragraph 8 above). It is not clear where he was detained thereafter.", "38. On 15 August 2010 the applicant was placed in the Kyiv Pre-Trial Detention Centre (“the SIZO”). Upon his arrival there, he was examined by the SIZO general practitioner (терапевт) and underwent an Rh-factor blood test and an X-ray chest examination. The applicant was diagnosed with an ischemic heart disease, atherosclerosis of aorta and coronary vessels, stage-II hypertension, chronic cholecystitis in remission, osteochondrosis, chronic maxillary sinusitis in an unstable remission and chronic prostatitis. Certain medicines were prescribed to him.", "39. On 4 November 2010, 18 March and 24 May 2011 the SIZO general practitioner examined the applicant. According to the Government, each time specific medicines were prescribed and administered to the applicant. According to the applicant, however, he did not receive any treatment.", "40. By a letter of 8 July 2011 the SIZO administration informed the applicant’s lawyer that the applicant was under the medical unit’s monitoring and was receiving regular treatment on account of the hypertension. The letter stated that, given his health condition, the applicant required an additional examination in a civilian hospital and, possibly, inpatient medical treatment. However, in order to proceed with such examination, written permission of the authority dealing with his criminal case was required, as well as the arrangements for ensuring his transportation.", "41. On 3 August 2011 the Podilskyy Court, although rejecting the applicant’s request for release (see paragraphs 31 and 32 above), gave its written permission to the SIZO administration for his examination and treatment in a civilian hospital.", "42. On 16 August 2011 the SIZO administration wrote to the applicant’s lawyer that it was still impossible to arrange for his client’s convoy.", "43. On 23 September 2011 the applicant requested the Court to apply Rule 39 of the Rules of Court in his case and to indicate to the Government the necessity of his urgent medical examination and treatment in a civilian hospital.", "44. On the same date the Court informed the Government of this request and invited them to submit, by 7 October 2011, information concerning the applicant’s state of health, the medical treatment he was receiving and its adequacy, having regard to the SIZO administration’s conclusion about his need for examination and treatment in a civilian hospital.", "45. On 29 September 2011 the SIZO doctors examined the applicant and confirmed the earlier diagnoses. They prescribed him some medicines and concluded that he did not require inpatient treatment in the SIZO medical unit or urgent hospitalisation in a civilian hospital.", "46. On the same date the applicant was also examined by a senior neuropathologist of a local civilian hospital who diagnosed him with some spine conditions and prescribed medicines without recommending hospitalisation.", "47. On 3 October 2011 the applicant underwent ultrasonic scanning which confirmed the diagnosis of chronic prostatitis.", "48. On 4 October 2011 he received a parcel with medicines from his wife.", "49. On 5 October 2011 the applicant was examined by a civilian-hospital cardiologist who established the following diagnoses: a second-degree hypertension with a high risk, impaired glucose tolerance, and ischemic heart disease (questionable). In order to verify the diagnoses, it was recommended that the applicant undergo a number of examinations and tests.", "50. On the same date the applicant received a medical consultation from an otolaryngologist who diagnosed him with rhinitis and tonsillitis and prescribed some medicines.", "51. On 7 October 2011 the Government responded to the Court’s factual request of 23 September 2011 (see paragraph 44 above). According to them, some of the examinations and tests recommended to the applicant on 5 October 2011 (namely, blood test for glucose, general blood and urine analyses, and ultrasonic scanning of the kidneys) were to be performed in the SIZO medical unit in the short term. As to the other examinations, the Government stated that they would be carried out “on a scheduled basis at civilian hospitals following prior arrangements with the relevant specialists”. Lastly, the medication prescribed to the applicant by the neuropathologist, cardiologist, and otolaryngologist could be administered to him once received from his relatives.", "52. On 25 October 2011 the applicant sent to the Court his comments to the Government’s submissions. He stated that they had not provided any documents refuting his allegation of the lack of prompt and adequate medical treatment. He also insisted on his request for an interim measure under Rule 39 of the Rules of Court.", "53. On 27 October 2011 the Acting President of the Section to which the case had been allocated decided, in the interests of the parties and the proper conduct of the proceedings before the Court, to indicate to the Government of Ukraine, under Rule 39 of the Rules of Court, that the applicant’s medical examinations which had already been found to be necessary should be carried out and that the conclusions of those examinations should be acted upon without delay.", "54. On 11 November 2011 ultrasonic diagnostics of the applicant’s abdominal cavity organs, kidneys and prostate were conducted in the Kyiv City Emergency Hospital. The diagnoses established were as follows: diffusive liver changes, chronic cholecystitis and pancreatitis.", "55. On 17 November 2011 the applicant was consulted by a cardiologist and underwent a number of tests and analyses in the Strazhesko Cardiology Institute. He was diagnosed, in particular, with second-degree hypertension, hypercholesterolemia (anamnestic), micronephrolithiasis, chronic cholecystitis, chronic pancreatitis, and spine osteochondrosis.", "56. On 22 November 2011 the applicant’s health sharply deteriorated during a court hearing and an ambulance was called for him. He was taken to the Kyiv Emergency Hospital where he underwent inpatient treatment.", "57. On 5 December 2011 the applicant was discharged from hospital and transferred to the SIZO. According to him, the medical prescriptions given at his discharge were not respected and he was not provided with the necessary medical care in the SIZO.", "58. On 12 and 19 December 2011 the applicant was examined by the doctor of the SIZO medical unit who stated that his diagnoses remained unchanged, without any positive or negative changes being observed. According to the Government, who relied on the extracts from the applicant’s medical file, he continued to receive scheduled outpatient treatment in the SIZO.", "59. From 7 to 30 December 2011 a forensic medical evaluation of the applicant’s health condition was conducted on the basis of his medical file. It found that he was suffering from: ischemic heart disease and cardiac insufficiency; second-degree hypertension with a high level of risk and discirculatory encephalopathy; and osteochondrosis in an unsteady remission. The experts also concluded that the applicant required inpatient medical treatment in a specialised cardiologic or neurologic hospital for about ten to fourteen days.", "60. On 26 January 2012 the applicant requested the Court once again under Rule 39 of the Rules of Court to indicate to the Government the necessity to ensure his inpatient specialised cardiological treatment in compliance with the recent medical reports.", "61. On the same date the Court forwarded that request to the Government and invited them to submit comments by 12 February 2012 as regards their compliance with the measures already indicated to them under Rule 39.", "62. On 8 February 2012 the applicant was transferred to the Strazhesko Cardiology Institute, where he was consulted by a commission of three cardiologists and underwent an electrocardiogram examination. He was diagnosed, in particular, with second-degree hypertension in a critical stage. Furthermore, an additional specialised test (a bicycle ergometry) was recommended with a view to clarifying the heart ischemia diagnosis, once the applicant’s blood pressure was stabilised. The commission also stated that the applicant did not require hospitalisation.", "63. On 10 February 2012 the Government informed the Court about the aforementioned events.", "64. On 15 February 2012 the Podilskyy Court, referring to the findings of the expert medical evaluation of 30 December 2011 (see paragraph 59 above), ordered the applicant’s immediate hospitalisation.", "65. On the same date the applicant was placed in the Kyiv City Emergency Hospital.", "66. The applicant submitted that he had been handcuffed to his bed for the duration of his stay in hospital. The Government contested the veracity of that allegation. On an unspecified date the chief of the SIZO security unit issued an information note, according to which the applicant was not handcuffed while in hospital.", "67. On 26 February 2012 the applicant allegedly had to share his ward with a detainee suffering from an open form of tuberculosis.", "68. On 5 March 2012 the lawyer representing the applicant in the domestic proceedings wrote a statement for Mr Bushchenko (the lawyer representing the applicant before the Court) that the applicant had been constantly handcuffed to his bed from 21 February to 5 March 2012. The security officers allegedly disregarded the lawyer’s requests to remove the handcuffs with reference to some internal guidelines.", "69. On 6 March 2012 the applicant was released (see paragraph 34 above). It is not known what medical treatment, if any, he pursued thereafter." ]

[ "5", "3" ]

[ 3, 5, 8, 51, 52, 60, 63 ]

[]

[ "7. The applicant was born in 1977 and lives in St Petersburg.", "8. The applicant is the editor-in-chief of a publishing company and of an aviation magazine. He is also the chairperson of the St Petersburg branch of the Glasnost Defence Foundation, a non-governmental organisation (NGO) monitoring the state of media freedom in the Russian regions, which promotes the independence of the regional mass media, freedom of speech and respect for journalists’ rights, and provides legal support, including through litigation, to journalists.", "9. He subscribed to the services of several mobile-network operators.", "10. On 23 December 2003 he brought judicial proceedings against three mobile-network operators, claiming that there had been an interference with his right to the privacy of his telephone communications. He claimed that pursuant to Order no. 70 (see paragraphs 115-22 below) of the State Committee for Communications and Information Technologies (the predecessor to the Ministry of Communications and Information Technologies – “the Ministry of Communications”), the mobile-network operators had installed equipment which permitted the Federal Security Service (FSB) to intercept all telephone communications without prior judicial authorisation. The applicant argued that Order no. 70, which had never been published, unduly restricted his right to privacy. He asked the court to issue an injunction ordering the removal of the equipment installed pursuant to Order no. 70, and to ensure that access to mobile-telephone communications was given to authorised persons only. The Ministry of Communications and the St Petersburg and Leningrad Region Department of the FSB were joined as a third party to the proceedings.", "11. On 5 December 2005 the Vasileostrovskiy District Court of St Petersburg dismissed the applicant’s claims. It found that the applicant had not proved that the mobile-network operators had transmitted any protected information to unauthorised persons or permitted the unrestricted or unauthorised interception of communications. The equipment to which he referred had been installed to enable law-enforcement agencies to conduct operational-search activities in accordance with the procedure prescribed by law. The installation of such equipment had not in itself interfered with the privacy of the applicant’s communications. The applicant had failed to demonstrate any facts which would warrant a finding that his right to the privacy of his telephone communications had been violated.", "12. The applicant appealed. He claimed, in particular, that the District Court had refused to accept several documents in evidence. Those documents had included two judicial orders retrospectively authorising the interception of mobile-telephone communications and an addendum to the standard service-provider agreement issued by one of the mobile-network operators. One of the judicial orders in question, issued on 8 October 2002, authorised the interception of several people’s mobile-telephone communications during the periods from 1 to 5 April, 19 to 23 June, 30 June to 4 July and 16 to 20 October 2001. The other judicial order, issued on 18 July 2003, authorised the interception of a Mr E.’s mobile-telephone communications during the period from 11 April to 11 October 2003. As to the addendum, it informed the subscriber that if his number were used to make terrorist threats, the mobile-network operator might suspend the provision of the telephone service and transfer the collected data to the law-enforcement agencies. In the applicant’s opinion, the judicial orders and the addendum proved that the mobile-network operators and law-enforcement agencies were technically capable of intercepting all telephone communications without obtaining prior judicial authorisation, and routinely resorted to unauthorised interception.", "13. On 26 April 2006 the St Petersburg City Court upheld the judgment on appeal. It confirmed the District Court’s finding that the applicant had failed to prove that his telephone communications had been intercepted. Nor had he shown that there was a danger that his right to the privacy of his telephone communications might be unlawfully infringed. To establish the existence of such a danger, the applicant would have had to prove that the respondents had acted unlawfully. However, mobile-network operators were required by law to install equipment enabling law-enforcement agencies to perform operational-search activities and the existence of that equipment did not in itself interfere with the privacy of the applicant’s communications. The refusal to admit the judicial orders of 8 October 2002 and 18 July 2003 in evidence had been lawful, as the judicial orders had been issued in respect of third persons and were irrelevant to the applicant’s case. The City Court further decided to admit in evidence and examine the addendum to the service-provider agreement, but found that it did not contain any information warranting reconsideration of the District Court’s judgment.", "14. It can be seen from a document submitted by the applicant that in January 2007 an NGO, Civilian Control, asked the Prosecutor General’s Office to carry out an inspection of the Ministry of Communications’ Orders in the sphere of interception of communications in order to verify their compatibility with federal laws. In February 2007 an official from the Prosecutor General’s Office telephoned Civilian Control and asked for copies of the unpublished attachments to Order no. 70, saying that it had been unable to obtain them from the Ministry of Communications. In April 2007 the Prosecutor General’s Office refused to carry out the requested inspection." ]

[ "34", "8" ]

[ 1, 3, 4, 5, 6, 7 ]

[]

[ "5. The applicant was born in 1953 and lives in Grozny.", "6. At the material time the applicant’s family lived in a dwelling comprising several houses in one courtyard in Shakhterova Street in the Staropromyslovskiy District of Grozny. The family included the applicant, her husband Mr Ali (also sometimes written as Alik) Dudayev, their sons, Mr Alikhan Dudayev and Mr Aslan Dudayev, Ms Amnat (also sometimes written as Aminat) Yakhyayeva, the wife of Mr Aslan Dudayev, and their five children, including Mr Adam Dudayev. The dwelling was located two blocks from the military commander’s office and the Staropromyslovskiy district police station (the ROVD). The area was under curfew.", "7. On the night of 8 to 9 July 2002 (in the documents submitted the date was also referred to as the night between 7 and 8 July 2002) the applicant’s family were at home. The applicant was not there as she had left to spend the night at her relatives’ house in Grozny.", "8. At about 2 a.m. on 9 July 2002 a group of about fifteen federal servicemen in uniforms and balaclavas, armed with automatic weapons, arrived in an armoured personnel carrier (APC) at the applicant’s home and unlocked the gate. They then started shooting and throwing grenades at the applicant’s house.", "9. One of the applicant’s sons, Mr Alikhan Dudayev, who was a police officer, shot back for about half hour. After that he managed to leave the house and inform the police about the incident. Meanwhile, the applicant’s family lay on the floor to avoid being hit. The applicant’s grandson Adam was injured in the foot and lower back by a hand-grenade explosion. Another APC had arrived at the house in the meantime.", "10. About two hours later the servicemen stormed the building. The applicant’s son Mr Aslan Dudayev stood up and started moving towards the servicemen, trying to warn them that there were women and children in the house. He was shot in the head before the eyes of his wife and five children. His body was moved to another room where he was shot in the head again.", "11. The servicemen then took the applicant’s husband, Mr Ali Dudayev, outside and put him in the APC and drove off. The applicant’s husband has been missing ever since.", "12. At the end of their special operation, the servicemen took the applicant’s family outside and set the house and family car on fire.", "13. The applicant heard of the incident at about 4 a.m. and immediately went home. Upon her arrival, the applicant was told by relatives of the circumstances of her son’s killing and of her husband’s abduction.", "14. In their submissions before the Court the Government did not contest the facts as presented by the applicant. However, they denied any involvement by State agents in the alleged killing of her son and the alleged disappearance of her husband.", "15. In reply to a request from the Court to submit a copy of the documents reflecting the most important steps taken by the investigation into the events of the night between 8 and 9 July 2002, the Government furnished copies of criminal case files nos. 54042 and 54108, running up to 224 pages. The information submitted may be summarised as follows.", "16. On 9 July 2002 a group of investigators from the Grozny prosecutor’s office examined the crime scene. As a result, they collected 408 spent cartridges, two bullets and a machine gun as evidence.", "17. On 9 July 2002 the investigators questioned the applicant’s other son, Mr Alikhan Dudayev, a police officer at the ROVD at the time. He stated that at about 2 a.m. he had been at home and had been woken up by someone opening the outside gates. He had then heard a group of men running into the courtyard. He had asked in Chechen and then in Russian who the men were, but had received no reply. He had seen that one of them was in camouflage uniform and a balaclava and was armed with a machine gun. The witness had warned the man that he was a police officer. In reply, the man had opened fire and the witness shot back. Then the other intruders had opened fire with machine guns and grenades, in an attack of about twenty minutes. The witness had been wounded by grenade splinters in the hand and the torso. He had managed to leave the house and run into the neighbouring courtyard. Meanwhile, the shooting continued. The witness had seen five ROVD officers come out after they heard the gunfire. He had explained the situation to them and they had contacted the local military commander’s office and the ROVD by radio. The witness and the police officers had then heard an APC arriving at the witness’s house, after which the shooting had intensified and had lasted for another half an hour. Then the two APCs had driven off and the gunfire stopped. The police officers had left one of their colleagues with the witness and had gone to the house. Upon their return, they had told him that his brother and father had been taken away in the APCs.", "18. On 9 July 2002 the investigators questioned the applicant’s neighbour, Mr V.M., who stated that on the night between 8 and 9 July 2002 he had been woken up by intense gunfire from automatic firearms at the applicant’s house, which had lasted for about fifty minutes. Then he had seen that the applicant’s house had been set on fire. A group of men had shouted and sworn in unaccented Russian and had then driven off in an APC.", "19. On 9 July 2002 the investigators questioned another neighbour of the applicant, Mr A.T., who stated that the night before he had been woken up by intense gunfire at the applicant’s house. When he had tried to open the door to see what was going on, he had been ordered to stay inside or be shot. He had heard men swearing in Russian.", "20. On 9 July 2002 the investigators questioned the applicant’s neighbours Mr V.A., Mr A.Ch. and Ms Ay.V., whose statements were similar to the one given by Mr V.M. Ms Ay.V. also stated that at about 3 a.m. someone had demanded that she open her door and let in the wife of Mr Aslan Dudayev, Ms Amnat Yakhyayeva, and her children, including the wounded Adam Dudayev. Ms Amnat Yakhyayeva told the witness that all of the men who had been in their house had been killed by the armed men who had arrived in the APC. On the following morning the witness had found a spent 5.45 mm calibre cartridge at her home, presumably from an automatic gun.", "21. On 9 July 2002 the investigators also questioned the applicant’s neighbour, Mr A.I., whose statement was similar to those of the other neighbours (see paragraphs 18-20 above). In addition, he stated that the shooting at the Dudayevs’ house had continued for at least one and a half hours, that the armed men who had attacked the applicant’s family had been an organised group of fifteen to twenty men in camouflage uniforms, that they had sworn a lot in unaccented Russian and that they had driven in an APC. After the shooting he had gone to the house and found the walls and furniture riddled with bullet holes. He had also found the body of the applicant’s son, Aslan, who had been killed in the gunfire.", "22. On the same date, 9 July 2002, the investigators also questioned the applicant’s neighbours Ms A.Ya., Ms B.Dzh. and Mr Ab.V., whose statements were similar to those of the other neighbours (see paragraphs 18‑21 above).", "23. On 10 July 2002 the investigators opened criminal case no. 54042 (in the documents submitted the number was also referred to as 54048) in connection with the murder of the applicant’s son Mr Aslan Dudayev “by a group of fifteen to twenty armed men in camouflage uniforms and balaclavas who had arrived at the [the applicant’s] house”.", "24. On 10 July 2002 the investigators ordered a forensic examination of the body of the applicant’s son Mr Aslan Dudayev. On 12 August 2002 the forensic experts concluded that he had died from two gunshot wounds to the head.", "25. On 13 July 2002 the investigators ordered a forensic examination of the applicant’s grandson Adam Dudayev. On the same date the experts concluded that he had received a perforating shrapnel wound and a gunshot wound to the torso.", "26. On 15 July 2002 the applicant’s son Mr Alikhan Dudayev complained of the incident to the Chechnya Prosecutor. In particular, he stated that on the night of the events he had warned the intruders that he was a police officer, but they had opened fire. After an hour and a half of intense shooting, the perpetrators had taken his brother, Mr Aslan Dudayev, outside and executed him in the courtyard. They had then wounded his nephew Adam, and had taken away his father, Mr Ali Dudayev. Neither the military commander’s office nor the nearby police station had reacted to the gunfire or intervened in any way.", "27. On 18 July 2002 the investigators questioned the applicant’s daughter-in-law Ms Amnat Yakhyayeva, whose statement concerning the events was similar to that of her brother-in-law, Mr Alikhan Dudayev. In addition, she stated that her husband, Mr Aslan Dudayev, had been shot dead by the perpetrators, who had been in military uniform and had driven around in two APCs. The perpetrators had also taken away the applicant’s husband, Mr Ali Dudayev.", "28. On 18 July 2002 the investigators questioned the applicant’s neighbours Mr A.V. and Mr M.Kh., whose statements were similar to the applicant’s account before the Court. In addition, Mr M.Kh. stated that after the shooting had stopped, several military vehicles had driven down their street in the direction of the applicant’s house. In the morning he had learned that the attack had been carried out by federal servicemen who had been driving in three APCs.", "29. On 28 July 2002 the investigators ordered a ballistics report on the cartridges, bullets and machine gun collected from the crime scene on 9 July 2002. On 12 August 2002 the ballistic experts concluded that the machine gun had been set for single shots only and that the cartridges had come from several different Kalashnikov machine guns.", "30. On 30 July 2002 the investigators granted the applicant’s son Mr Alikhan Dudayev, the status of victim in the criminal case and questioned him again. He reiterated his previous statement (see paragraph 17 above).", "31. On 1 August 2002 the investigators granted the applicant’s daughter-in-law Ms Amnat Yakhyayeva the status of victim in the criminal case and questioned her. Her statement was similar to the one given on 18 July 2002 (see paragraph 27 above). In addition, she stated that the perpetrators had wounded her father-in-law and taken him away in their APC.", "32. On 1 August 2002 the investigators questioned the applicant’s neighbour Ms Yakh. Dzh., whose statement about the events was similar to those given by the other neighbours and to the applicant’s account before the Court.", "33. On 1 August 2002 the Chechnya Prosecutor wrote to the Chechnya Military Prosecutor asking for assistance in the investigation of the criminal case. The letter stated, inter alia, the following:\n“... The Chechnya prosecutor’s office is investigating a criminal case concerning the killing of Mr A. Dudayev and the wounding of Mr A.M. Dudayev by a group of unidentified persons armed with automatic rifles.\nOne of the theories being pursued by the investigation is that of the involvement in the crime of military servicemen from the United Group Alignment (the UGA). In connection with this I request that an investigator from unit no. 20102 of the military prosecutor’s office be included in the investigators’ group to assist in solving the crime...”", "34. On 21 August 2002 the Grozny military commander’s office informed the investigators that they had no information about the possible identity of the perpetrators and had not issued orders for a special operation at the applicant’s house.", "35. On 10 September 2002 the investigation of the criminal case was suspended owing to a failure to identify the perpetrators. The applicant and her relatives were not informed of this.", "36. On 18 July 2003 the Staropromyslovskiy district prosecutor overruled the decision to suspend the investigation as unlawful and premature. He pointed out, among other things, that the investigators had failed to take basic steps, such as questioning the police officers whom Mr Alikhan Dudayev had met after his escape from the house or questioning the officers from the military commander’s office about the attackers’ use of APC military vehicles. The investigation resumed on the same day.", "37. On an unspecified date in July 2003 the applicant complained of her son’s killing and her husband’s abduction to the Staropromyslovskiy district administration, which on 30 July 2003 forwarded her complaint to the investigators for examination.", "38. On 10 August 2003 the investigators questioned the applicant’s neighbour Mr S.D., whose statement was similar to the applicant’s account before the Court.", "39. On 18 August 2003 the investigation of the criminal case was suspended owing to a failure to identify the perpetrators. The applicant and her relatives were not informed of this decision.", "40. On 2 June 2009 the investigators again took up the criminal case on the orders of their superiors after receiving a request for information from the applicant.", "41. On 5 July 2009 the investigators granted the applicant the status of a victim in the criminal case and questioned her. The applicant’s statement concerning the circumstances of her son’s killing and the abduction of her husband by military servicemen was similar to her account before the Court. In addition, she stated that even though the servicemen had known that her son Mr Alikhan Dudayev worked in the police, they had still opened fire.", "42. On 7 July 2009 the investigators again suspended the investigation owing to a failure to identify the perpetrators. They informed the applicant of this decision.", "43. The applicant appealed against that decision to the Staropromyslovskiy District Court in Grozny. On 29 September 2009 the court rejected the complaint because earlier that day the investigators had resumed the proceedings in the criminal case.", "44. On 30 September 2009 the investigations in criminal cases 54042 and 54108 were joined under the number 54042 (see below).", "45. On 4 October 2009 the investigators suspended the proceedings in the joint criminal case and informed the applicant.", "46. On 9 November 2011 the investigation was resumed by the supervising body as having been unlawfully suspended and the investigators were ordered to take fresh steps.", "47. On 15 December 2011 the investigators again suspended the proceedings in the joint criminal case.", "48. The document submitted shows that the investigation is still pending.", "49. On 11 December 2002 the Grozny prosecutor’s office opened criminal case no. 54108 in connection with the disappearance of the applicant’s husband, Mr Ali Dudayev.", "50. On 20 December 2002 the investigators questioned the applicant’s daughter-in-law Ms Amnat Yakhyayeva and her son Mr Alikhan Dudayev. Their statements were similar to the applicant’s account before the Court.", "51. On 24 and 25 December 2002 the investigators questioned the applicant’s neighbours Ms A.V. and Ms Z.I., whose statements were similar to the applicant’s account before the Court. In addition, they stated that the perpetrators of the abduction had been military servicemen.", "52. On an unspecified date in February 2003 the investigators informed the applicant’s lawyer that they were taking search measures to establish the whereabouts of the applicant’s missing husband.", "53. On 11 February 2003 the investigation of the criminal case was suspended for failure to identify the perpetrators. The applicant was not informed.", "54. On 18 June 2003 the investigation resumed and was again suspended on 18 August 2003. The applicant was not informed of either decision.", "55. On 2 June 2009 the investigators resumed the investigation at the applicant’s request.", "56. On 5 July 2009 she was granted victim status in the criminal case and questioned. Her statement was identical to the one given in criminal case no. 54042 (see paragraph 41 above).", "57. On 7 July 2009 the investigators suspended the investigation on account of a failure to identify the perpetrators and informed the applicant.", "58. The applicant appealed against the decision to suspend the proceedings to the Staropromyslovskiy District Court. On 29 September 2009 the court rejected the complaint because earlier on the same day the investigators had resumed proceedings in the criminal case.", "59. On 30 September 2009 the investigation in the criminal case was joined with the investigation in criminal case 54042 under a joint number, 54042.", "60. On 4 October 2009 the investigators again suspended the proceedings in the criminal case and informed the applicant. The document submitted shows that the joint investigation is still pending (see above)." ]

[ "5", "13", "2", "3" ]

[]

[]

[ "4. The applicant was born in 1946 and lives in Lisbon.", "5. The circumstances of the case concern a dispute between the applicant and company C.C. over the execution of a works contract (contrato de empreitada) pursuant to which the latter undertook, in 1996, to build the applicant a house.", "6. On 22 May 2007 the applicant instituted civil proceedings in the Oeiras Civil Court against company C.C. for the alleged failure in the execution of the contract.", "7. Between 22 May and 29 October 2007 company C.C. and the applicant submitted submissions in reply (constestação) and new submissions (réplica). Company C.C. argued, in particular, that the court had already decided in a case on the same subject (caso julgado).", "8. On 26 August 2008 the Oeiras Civil Court gave directions considering that it had already decided on the same subject in a previous case (despacho saneador). The applicant appealed against this decision before the Lisbon Court of Appeal, which on 8 May 2009 revoked the Oeiras Civil Court decision and ordered the examination of the case. On an unknown date company C.C. appealed against this decision to the Conference of the Lisbon Court of Appeal, which on 16 July upheld its decision of 8 May 2009.", "9. On 12 February 2010 the Oeiras Civil Court gave new directions setting out the questions which needed to be assessed. The applicant challenged the decision and both parties submitted evidence.", "10. On 18 November 2010 held the first hearing. Until 19 September 2011 the Oeiras Civil Court listed eleven hearings, in which several witnesses were heard.", "11. On 30 September 2011 the Oeiras Civil Court adopted a judgment ruling against the applicant.", "12. On 23 January 2012 the applicant challenged the outcome of the proceedings before the Lisbon Court of Appeal. On 14 June 2012 the case-file was sent to the Lisbon Court of Appeal. Meanwhile, first-instance judge had to analyse a question of nullity which had been raised by the parties in the grounds of appeal submitted.", "13. On 29 January 2013 the Lisbon Court of Appeal upheld the first-instance judgment.", "14. On 1 March 2013 the applicant appealed to the Supreme Court of Justice, which dismissed the appeal for being lodged out of time. The applicant challenged this decision, which was upheld on 25 July 2013 by a decision of the Vice-President of the Supreme Court of Justice." ]

[ "6" ]

[ 3, 4, 5 ]

[]

[ "5. The applicant was the CEO (Chief Executive Officer) and majority shareholder of a commercial company, SC “L” SA, which had been State‑owned until 1995; the company was based in Târgu Jiu and between 1998 and 2002 was listed in the top three most valuable private companies in Gorj County.", "6. Between 1997 and 2004 a number of shareholders and employees of the company lodged criminal complaints against the applicant concerning the alleged improper manner in which he conducted his professional activity as manager of the company during and after its privatisation. Several criminal investigations were accordingly conducted in respect of the applicant, which were ongoing at the time of the relevant events; none of them led to his indictment.", "7. On 24 September 2004 C.P., a journalist with the local newspaper Impact de Gorj published an article entitled “Who do we call when we disregard the law?” (La cine apelăm când încălcăm legea?).\nThe article, in its relevant parts, read as follows:\n“It is with regret that we have to make an absolutely necessary response to an unacceptable act of servitude of the press. A so-called journalist of the once serious Gorjeanul, decided to defend, through some completely unverified articles, the CEO of the company “L” S.A., Ovidiu Caragea, and to transform him from a dirty person into a clean one. It is true that corrupt members of the Romanian legal establishment, including county prosecutors, have cleared the CEO of S.C. “L” SA (l-au scos basma curată) in contradiction of the clear facts and the written evidence. Ovidiu Caragea has managed the company in a completely dictatorial style, to shareholders’ cost, with serving his personal interest as the only aim.\nIt is regrettable that colleagues from the daily Gorjeanul have taken to defending persons of dubious morality, perhaps even criminals, aiming neither to properly inform the readers nor to provide a space for regular advertising. In none of these cases has the author of the article had the courage to write under his or her true name. What the readers should know is that when an investigation is made public in the press – even though Gorjeanul invented the term “positive investigation” (assuming that such a thing could possibly exist) – the author should make their real name public so as to take responsibility and very often to be sworn at. The fact that the articles praising G.N., who brought the OJT Gorj [the County Tourist Office] to disaster, or those praising D.I.M. did not have real names in the byline, proves the lack of responsibility and the sense of shame emanating from the words written in the paper. Not only should the author be held accountable for this practice; so should the management of the publication, who should not accept it as it has nothing to do with the respect ... owed to the reader.\nThese statements are not an attack on our colleagues in Gorjeanul, the oldest publication in the city, but are the opinion of one man who wants to find out who is the slave (slugoiul) who signed one or other of these articles, in order to discover who is the pawn for those who cannot be portrayed positively in the press after having defrauded their business partners. It is worth mentioning that our newspaper has published a few articles relating to the irregularities in the company “L” S.A. The documents we have clearly prove that what has happened has nothing to do with legality, but these have not attracted the interest of our colleagues in the other county newspaper; their only interest is, in many cases, “brown-nosing” (“de a-i spăla la fund”) those who fail to comply with the law. We mustn’t forget the hosannas to honour N.M. and the editorial subordination shown to D.I.M. What a pity!”", "8. On 17 November 2004 the applicant lodged before the Târgu Jiu District Court a criminal complaint for defamation against C.P., the author of the above article. The applicant argued that the expressions that had been used by the journalist, who had associated him with “persons of dubious morality, perhaps even criminals”, had damaged his good reputation and put at risk his relations with business partners on a local and national level, thus endangering the financial situation of his company. He stated that none of the charges referred to in the article had led to him being indicted.", "9. On 28 March 2005 the court acquitted C.P. Having analysed the content of the article and the witnesses’ testimonies, it held that the journalist’s intention had not been to defame the applicant but merely to make his opinion regarding the applicant’s activity public, and to highlight the dispute with other local journalists who had written articles praising the applicant. As the disputed acts had not severely damaged the dignity and the reputation of the applicant, his request for non-pecuniary compensation was dismissed.", "10. The applicant appealed claiming that: the journalist had previously been convicted several times for defaming other third parties in his newspaper, showing his perseverance in using the press to insult others; and the article was part of a revenge campaign by the journalist. According to the applicant, the journalist’s publishing company operated on commercial premises owned by the company “L” SA; the applicant brought a civil suit against the publishing company for rent arrears, and when the claims were granted, the journalist asked that the publisher’s debt be written off in exchange for favourable publicity in the press; the proposal was turned down; hence the appearance of the disputed article a few months later.", "11. On 6 June 2005, the Gorj County Court dismissed the applicant’s appeal. The court stated that as the applicant had been the subject of criminal prosecution for the manner in which he had conducted his job as CEO of his company, there had been sufficient factual basis for the article, which in any case had been merely a response to another article praising the applicant published in a different newspaper. The court pointed out that the role of the press was to inform the general public and that the journalist had had no intention to defame the applicant, only to express his opinion concerning the latter’s professional activity as CEO of an important company in the city of Târgu Jiu." ]

[ "10", "8" ]

[ 0, 6 ]

[]

[ "4. The applicant was born in 1969 and lives in Setúbal.", "5. On 29 August 2002 the applicant was admitted to the emergency services in S. Bernardo Hospital (since renamed Setúbal Hospital Centre). She gave birth to a son who has irreversible injuries caused by the birth.", "6. On 26 January 2005 the applicant brought a civil action before the Almada Administrative Court against the hospital, claiming damages for the injuries caused to her son. She claimed that contrary to her doctor’s instructions, the medical staff who treated her during labor had not performed a caesarean thus her son being born with several problems which caused him permanent motor-neurone injuries. She held that the hospital was responsible for medical negligence at birth.", "7. On 9 March 2005 the hospital contested the civil action.", "8. On 17 October 2005 a preliminary hearing was held. A second session of the preliminary hearing was scheduled for 5 December 2005, which was adjourned because the time-limits for the analysis of the documents had not expired. The hearing was adjourned to 7 February 2006.", "9. Meanwhile, on 27 December 2006, the applicant requested the Almada Administrative Court to issue an interim measure (providência cautelar) seeking a temporary remediation (arbitramento de uma reparação provisória). On 16 January 2006 the Almada Administrative Court ordered interim payment of EUR 550 per month to the applicant and her husband until the decision in the main proceedings would be delivered and become res judicata.", "10. On 2 February 2006 the hospital sought leave for the medical and nursing team to intervene in the proceedings. On 20 February 2006 the applicant replied to the hospital’s request.", "11. The hearing called for 7 February 2006 had to be adjourned because of the hospital’s request.", "12. On 14 March 2006 the judge gave directions (despacho saneador) setting out the matters that had already been established and those that remained outstanding.", "13. On 31 March and on 6 April 2006 the hospital and the applicant submitted evidence and both requested expert’s appointement.", "14. On 7 May 2006 the judge admitted the evidence submitted by the parties and ordered an expert medical report.", "15. On 11 July 2006 the Almada Court requested the Portuguese Medical Chamber (Ordem dos Médicos) to appoint medical experts. Several requests were made concerning medical experts in gynaecology and obstetrics. The Portuguese Medical Chamber replied to all requests.", "16. On 28 February 2007 the Forensic Institute (Instituto de Medicina Legal) submitted its forensic report, which contained its preliminary conclusions.", "17. On 5 March 2007 the Forensic Institute lodged a request with the Almada Administrative Court seeking access to all the medical reports in respect of the birth of the applicant’s son. On 9 March 2007 the parties were notified to submit the relevant medical reports. On 21 March 2007 the hospital submitted its reports and on 23 March 2007 the applicant request for an extension of the time-limit. On 18 April 2007 the applicant submitted the medical reports.", "18. On 31 January 2008 the Forensic Institute submitted its expert report.", "19. On 4 June and on 20 June 2008, the appointed experts in gynaecology and obstetrics and the appointed experts in paediatrics submitted their reports, respectively.", "20. The parties were notified of the reports and on 15 July 2008 the applicant requested a second expert medical report. On 18 July 2008 the hospital opposed to the applicant’s request.", "21. On 28 July 2008 the Almada Adminitrative Court requested the experts to clarify existing doubts with regard to their reports. The clarifications were submitted on 3 and 15 October 2008.", "22. On 14 November 2008 the Almada Administrative Court requested the Portuguese Medical Chamber to appoint experts in gynaecology and obstetrics to provide technical advice during trial. On 3 February 2009 the Portuguese Medical Chamber appointed an expert.", "23. Between 9 December 2009 and 28 September 2010 the Almada Administrative Court listed nine hearings. In between hearings new evidence was submitted by the parties.", "24. On 2 March 2011 the Almada Administrative Court delivered its decision in which it considered that the hospital could not be held liable for the injuries for lack of evidence in that regard.", "25. On 8 April 2011 the applicant challenged the outcome of the proceedings before the Administrative Central Court of the South.", "26. On 22 March 2012 the Administrative Central Court upheld the first-instance decision.", "27. On 19 June 2012 the application of the interim measure ended when the decision of the second-instance court became res judicata." ]

[ "6" ]

[ 11, 12, 13, 14 ]

[]

[ "4. The applicant is a Portuguese airline company headquartered in Sintra.", "5. The circumstances of the case concern a dispute between the applicant and an Israeli company over the execution of a wet lease contract pursuant to which the applicant undertook, in 2007, to lend an aircraft to the latter.", "6. On 20 April 2009 the applicant instituted civil proceedings in the Lisbon Civil Court against the company for the alleged failure to comply with the contract.", "7. On 28 July 2009 the plaintiff lodged its submissions in reply (contestação).", "8. On 30 September 2009 the applicant lodged new submissions in reply (réplica) and on 22 October 2009 the plaintiff submitted new submissions (tréplica).", "9. On 28 May 2010 the Lisbon Civil Court held a preliminary hearing aiming at a friendly settlement of the parties. The conciliation procedure was not possible and on the same day the plaintif submitted an additional pleading (articulado superveniente) to which the applicant replied on 7 June 2010. On 18 June and on 30 June 2010 the plaintiff and the applicant lodged new submissions in reply, respectively.", "10. On 12 July 2010 a second preliminary hearing was held and the judge gave directions setting out the matters that had already been established and those that remained outstanding (despacho saneador).", "11. On 21 July and 8 September 2010 the parties submitted their evidence.", "12. On 2 February 2011 the court held the first hearing. Between 2 February 2011 and 30 June 2011 the Lisbon Civil Court listed fifteen hearings. During this period, both parties submitted several documents to the court, some of which in a foreign language.", "13. On 3 October 2011 the Lisbon Civil Court adopted a decision with regard to the factual basis (matéria de facto). On 13 October and on 25 October 2011, both the applicant and the plaintiff submitted their allegations of law, respectively.", "14. On 19 July 2012 the Lisbon Civil Court rendered a judgment in which it ruled against the applicant and annulled the contract.", "15. On 1 October 2012 the applicant appealed against the first-instance judgment and on 31 October 2012 the plaintiff submitted its allegations.", "16. On 13 February 2014 the Lisbon Court of Appeal ruled partially in favour of the applicant.", "17. On 20 March 2014 the applicant appealed against the decision before the Supreme Court of Justice and on 28 April 2014 the plaintiff lodged a cross-appeal.", "18. On 7 October 2014 the Supreme Court of Justice adopted a judgment in favour of the applicant." ]

[ "6" ]

[ 4, 5, 7, 8, 9, 10 ]

[]

[ "5. The applicants were born on 22 April 1996 and 13 June 1992 respectively and live in Geneva.", "6. On 17 September 2010, the applicants, who are cousins, contracted a religious marriage in Iran, where they were residing illegally. At the time, the first applicant was 14 years old and the second applicant 18 years old. Their religious marriage was not registered in Iran.", "7. On 18 September 2011 the applicants applied for asylum in Switzerland, which they had entered from Italy on an unspecified date. Both applicants had been already registered as asylum seekers in Italy.", "8. On 8 December 2011 and 26 March 2012 the Federal Office of Migration (the “FOM”) rejected the applicants’ asylum request, considering that Italy was the responsible State by virtue of Regulation no. 343/2003/EC (the “Dublin Regulation”).", "9. On 19 December 2011, the first applicant had a legal guardian appointed by the Guardianship Court (Tribunal tutélaire, now Tribunal de protection de l’adulte et de l’enfant).", "10. On 20 March 2012 the Federal Administrative Court (the “FAC”) rejected the second applicant’s appeal against the FOM’s decision. The FAC noted that the applicants had failed to submit a certificate of marriage and that in any event their alleged religious marriage could not be validly recognised in Switzerland, pursuant to Article 45 of the Federal Act on Civil International Law, because it was illegal under the relevant provision of the Afghan Civil Code, which contained an absolute prohibition on marriage for women under 15 years of age, while the first applicant was 14 years old. In any case, independently of the applicable Afghan law, the applicant’s marriage was manifestly incompatible with Swiss ordre public, since having sexual intercourse with a child under the age of 16 was a crime under Article 187-1 of the Swiss Criminal Code. The first applicant could therefore not be qualified as a member of the second applicant’s family under the Dublin Regulation and the applicants could not claim any right to family life under Article 8 of the Convention.\nThe decision against the first applicant entered into force on 5 April 2012, as the second applicant had not appealed against it.", "11. On 3 May 2012 the FOM decided to reexamine the first applicant’s asylum request in Switzerland. Following this decision, the second applicant requested that his own asylum request be also reexamined in order to preserve the family unity. The second applicant’s request was rejected by the FOM on procedural grounds: as the applicant’s claim was deemed without prospects of success, he had been asked an advance judicial fee of 600 Swiss Francs (“CHF”), which he had failed to pay.", "12. The second applicant was expelled to Italy on 4 September 2012. However, on 7 September 2012 he returned illegally to Switzerland, where he could see the first applicant “intermittently”, in the applicants’ own words.", "13. On 18 September 2012 the applicants lodged the present application before this Court.", "14. On 21 December 2012 the second applicant again requested the reexamination of his asylum request, which was rejected by the FOM on 10 January 2013 because the second applicant had again failed to pay the CHF 600 advance judicial fee.", "15. On 18 March 2013, the applicants requested the recognition of their religious marriage in Switzerland. The first applicant was then 16 years and 11 months old.", "16. On 28 November 2013, the FAC examined the second applicant’s appeal against the FOM’s decision of 10 January 2013 and ruled in favour of the second applicant. The FAC considered that the FOM had wrongly imposed on the second applicant the payment of an advance judicial fee because by then the first applicant was 17 years old and the applicants could therefore claim to be a family within the meaning of Article 8 of the Convention as interpreted by this Court and by the Swiss Federal Tribunal.", "17. On 20 February 2014, the Government requested that the application be struck out of the list of cases pursuant to Article 37 § 1 (c) of the Convention.", "18. On 1 April 2014, in reply to the Government’s request, the applicants submitted that their application included a complaint about a past violation, not only a prospective one, namely that on 4 September 2012 the second applicant had been expelled to Italy and thus separated from the first applicant. Such forcible separation constituted a violation of the applicants’ right to respect for their family life.", "19. On 2 June 2014, the Court of First Instance of the Canton of Geneva recognised the validity of the applicants’ religious marriage contracted in Iran.", "20. On 9 January 2015 the applicants informed the Court that they had been granted asylum in Switzerland by a decision of 17 October 2014.", "21. On 23 June 2015, referring to their submissions of 1st April 2014, the applicants informed the Court that they wished to maintain their application, considering that as the alleged past violation of their right to respect for family life had neither been acknowledged nor remedied they had not lost victim status even if they had now obtained asylum in Switzerland." ]

[ "12", "3", "8" ]

[ 5, 6 ]

[]

[ "5. Mr Petrulevič was born in 1986. When he lodged the application with the Court in 2012, he was serving a prison sentence at the Pravieniškės Correctional Home.", "6. From 8 April 2005 to 26 October 2006 the applicant was detained at the Lukiškės Remand Prison. It transpires from the documents before the Court that he was held in different remand prison cells where he had between 1.55 and 3.95 square metres of living space.", "7. After his conviction and transfer to the Pravieniškės Correctional Home to serve his sentence, on 27 October 2009 the applicant instituted civil proceedings for damages. He argued that the conditions in which he had been held at the Lukiškės Remand Prison had been degrading: the cells were overcrowded, full of rats and worms, appropriate toilet facilities were lacking, the cells were hot in summer and cold in winter, the cell walls were damp, and the roof of the remand prison was covered with asbestos, which put the applicant’s health in danger.", "8. The Lukiškės Remand Prison administration responded that they attempted to maintain the statutory norm of 5 square metres per remand prisoner held in a cell (see paragraph 54 below), but that had not always been possible. The administration acknowledged that the facility was “constantly overcrowded (nuolat perpildytas)”, because the institution could not refuse to admit persons brought there. The buildings of the remand prison were very old, they were repaired periodically and it was not possible to repair them entirely.", "9. The case was first examined by the Vilnius Regional Administrative Court, which rejected the applicant’s claim, inter alia, for having missed the statutory time-limit. The Supreme Administrative Court then remitted the case for fresh examination.\nOn 9 June 2011 the Vilnius Regional Administrative Court noted that the applicant had missed, by one day, the statutory three-year time-limit to lodge a claim for damages. The court nevertheless restored the time-limit of its own motion, having observed that the applicant had lodged his claim belatedly partly because he had not obtained in time information necessary for his civil claim.", "10. The Vilnius Regional Administrative Court established that the applicant had been held in overcrowded cells for just under a year and a half, given that for that duration he had been held in cells where he had less than 5 square metres of personal space. On the basis of Article 21 § 2 of the Constitution, Articles 6.250 and 6.271 of the Civil Code and the Strasbourg Court’s judgment in Savenkovas v. Lithuania (no. 871/02, 18 November 2008), the first-instance court held that because of the overcrowding the applicant’s dignity had suffered. Nonetheless, the court dismissed the applicant’s remaining complaints about the detention conditions in the Lukiškės Remand Prison as not actually proven. It also noted that he had not complained to any authority of the unsanitary conditions in Lukiškės while he had been held there. The court also took into account that after having been transferred to the Pravieniškės Correctional Home, the applicant had undergone a medical examination. The doctors had established that he was healthy, which provided evidence that the conditions of his detention in Lukiškės had had no impact on his health.", "11. Having taken into account the economic conditions in Lithuania, namely, a minimal monthly salary of 800 Lithuanian litai (LTL, approximately 230 euros (EUR)) and an average monthly salary of LTL 2,151 (EUR 620), as well as the Lithuanian administrative courts’ practice in similar cases, the court awarded the applicant LTL 3,000 (EUR 870) in compensation for non-pecuniary damage on account of overcrowding.", "12. On 6 February 2012, on appeal, the Supreme Administrative Court underlined that notwithstanding the general rule that a person claiming damage bore the burden of proving it, the lower court had actively used available means for obtaining evidence: on several occasions it had requested the prison in question to provide additional information as to the applicant’s detention conditions and his state of health. That information had been provided to the court.", "13. The Supreme Administrative Court also established that for 564 days the applicant had been kept at the Lukiškės Remand Prison in inadequate conditions on account of overcrowding, understood by the domestic law requirement to guarantee prisoners 5 square metres of personal space in a remand prison cell. It can be deduced from the Supreme Administrative Court’s analysis of the details of the applicant’s placement in Lukiškės that for 361 days he was held in cells where he had less than 3 square metres of personal space. The Supreme Administrative Court also noted that for most of his detention, namely for 309 days, the applicant had been held in cells where his personal space had been even less than 2.5 square metres. The court noted that, despite the overcrowding, for 366 days out of 564 the applicant had been held in two cells where heating, ventilation, sanitary and electric systems had been renovated in 2004, thus providing him with somewhat better material conditions (geresnėmis buitinėmis sąlygomis, nors ir neužtikrinant minimalios gyvenamojo ploto normos). Nevertheless, he had been held in overcrowded cells for twenty-three hours a day, and the Lukiškės Remand Prison had provided no evidence that the lack of living space had been remedied in any other way. For the court, such conditions went beyond the inevitable element of discomfort connected with detention (it referred to Kudła v. Poland [GC], no. 30210/96, § 92, ECHR 2000‑XI), degraded the applicant and were in breach of Article 3 of the Convention.", "14. The Supreme Administrative Court also noted that the Strasbourg Court would sometimes hold that finding a violation constituted sufficient just satisfaction. In the instant case, however, the Supreme Administrative Court considered that the degree of the applicant’s suffering called for pecuniary compensation. Moreover, the sum of LTL 3,000 was not sufficient. Yet, the Supreme Administrative Court took into account that the applicant had not lodged a claim for damages until three years after his detention in such conditions had ended, by which time the court considered that the impact on a person’s emotional and physical suffering had decreased (laiko veiksnys asmens patirtas dvasines ir fizines kančias menkina, jos blėsta). The fact that the applicant had not instituted court proceedings for damages until three years after his release from the Lukiškės Remand Prison led the court to the conclusion that his mental suffering (dvasinė skriauda) was not so significant. Furthermore, when detained, the applicant was nineteen to twenty years old. During the hearing before the first-instance court he had acknowledged that he was in a good state of health. Accordingly, the conditions of his detention in Lukiškės had had no negative effect on his health. On the evidence, no other complaints, except for those concerning overcrowding, were found to be substantiated in his case. Lastly, the court held that the applicant had been partly favoured by the first-instance court’s initiative to restore the time-limit for lodging a claim for damages. It was therefore reasonable and just to award LTL 8,000 (approximately EUR 2,300) to compensate him for any non-pecuniary damage.", "15. Mr Mironovas was born in 1978. When he lodged his application with the Court in 2012, he was serving a prison sentence at the Pravieniškės Correctional Home.", "16. From 2009 to 2011 the applicant was held at the Prison Department Hospital (Laisvės atėmimo vietų ligoninė) in Vilnius in the following conditions:\n- twenty-eight days in a room measuring 14.9 square metres, containing four beds (that is, 3.75 square metres per bed), and in a room measuring 12.11 square metres, containing three beds (that is, 4.03 square metres per bed);\n- fourteen days in a room measuring 14.9 square metres, containing four beds (that is, 3.73 square metres per bed);\n- one month and three days in a room measuring 21.25 square metres, containing five beds (that is, 4.25 square metres per bed);\n- six days in a room measuring 19.80 square metres, containing seven beds (that is, 2.83 square metres per bed);\n- five days in a room measuring 12.14 square metres, containing three beds (that is, 4.04 square metres per bed);\n- five days in a room measuring 22.84 square metres, containing six beds (that is, 3.81 square metres per bed).", "17. The applicant later instituted court proceedings for damages, claiming that he had been held in inhuman and degrading conditions at the Prison Department Hospital, because the rooms had been overcrowded, the hospital did not have a hygiene certificate, and the rooms had been dilapidated.", "18. On 14 November 2011 the Vilnius Regional Administrative Court partly accepted the complaint. It established that as of 2007, the health-care authorities had six times established breaches of hygiene requirements at the Prison Department Hospital. In particular, the hospital showers, toilets and other premises were not properly cleaned and disinfected, patients who were suffering from an open form of tuberculosis and psychiatric patients took showers together with other patients (without being isolated, against the domestic law requirements), and many parts of the hospital needed renovation. The court also established that the Prison Department Hospital was operating without a hygiene certificate, which was against the domestic law.", "19. As to overcrowding, the hospital provided information about the applicant’s stay therein, but could not specify how many persons had been held with him in the room. The first-instance court considered the lack of appropriate documentation as a flaw on the part of the hospital. The court then itself counted how many square metres the applicant could have had during each period of his stay at that hospital, dividing the size of each room by the number of beds therein. The court thus established that the applicant had been held in overcrowded rooms, and that the domestic norm had been “seriously breached” (nustatyta minimali norma pažeista ženkliai), given that the norm was that hospitals had to provide no less than seven square metres per bed (see paragraph 54 below).", "20. The Vilnius Regional Administrative Court concluded that the applicant’s right to be treated in appropriate conditions had been breached. It underlined that the flaws could not be justified by a lack of financing for the hospital. The court considered that compensation of LTL 2,000 (EUR 580) would be sufficient for the applicant, taking into account the principles of reasonableness and justice, and the economic situation in Lithuania.", "21. On 3 May 2012 the Supreme Administrative Court upheld the above decision. The higher court recognised that the applicant had been held in overcrowded rooms and in improper sanitary conditions. However, patients at the Prison Department Hospital had the opportunity of being in the open air from 6 a.m. to 10 p.m., which eased their situation as regards the overcrowding and also justified a lower award for non-pecuniary damage. Moreover, the conditions of the applicant’s stay in the hospital, whilst unsatisfactory from a hygiene point of view, had not put his health or life at risk. Those conditions had had no lasting effect on the applicant.", "22. Mr Ivanenkov was born in 1980. When he lodged his application with the Court, he was serving a sentence at the Alytus Correctional Home.", "23. It transpires from the court decisions that from 2008 to 2010 the applicant spent time in dormitory no. 2 at the Alytus Correctional Home in the following conditions:\n- nearly nineteen months in a dormitory-type room measuring 30.28 square metres, which contained sixteen beds (that is, 1.9 square metres of living space per inmate); and\n- over four months in a dormitory-type room measuring 24.80 square metres, containing fifteen beds (that is, 1.65 square metres of living space per inmate).", "24. The applicant sued the Alytus Correctional Home for damages, claiming that the conditions of his detention had been degrading on account of overcrowding and the lack of suitable sanitary facilities. He relied, inter alia, on Council of Europe recommendation No. R(87) and on Article 3 of the Convention. To support his claim, he submitted a report of 2010 drawn up by the Alytus Public Health Centre (Alytaus visuomenės sveikatos centras).", "25. On 19 December 2011 the Vilnius Regional Administrative Court took note of the Alytus Public Health Centre report of 2010 no. R1-362(2.6), issued in reply to a complaint by the inmates, to the effect that the Alytus correctional facility had a shortage of furniture, dilapidated cells, insufficient lighting, a shortage of cleaning equipment and a shortage of toilets, and that renovation was necessary. The court also took note of another document – a report by the State Health Care Centre (Valstybinės visuomenės sveikatos centro tarnyba prie Sveikatos apsaugos ministerijos) – to the effect that complaints made by another inmate in the Alytus facility were warranted and that there had been “gross violations of hygiene norms (šiurkštūs higienos normų pažeidimai)”.", "26. The Vilnius Regional Administrative Court observed that the parties in essence did not dispute that the applicant had been held in premises where he had had between 1.7 and 1.9 square metres of personal space, and that there had been a shortage of toilet facilities and furniture. Such breaches of the domestic norms on hygiene were far from being short term (ne trumpalaikiai). Even so, the applicant’s claim that his physical health had been damaged was dismissed as not proven. Given that he had had to stay within the dormitory only during the night and had been able to move about during the day in the prison yard, take exercise outside on basketball, football and volleyball pitches, and that the premises had ventilation and the toilets were in a separate room, the court decided that it was reasonable and just to award the applicant LTL 2,300 (EUR 660).", "27. On 26 April 2012 the Supreme Administrative Court agreed with the assessment of the applicant’s conditions in the Alytus Correctional Home. It noted that the applicant had never complained about the conditions to the Alytus facility administration. Furthermore, there was no proof that the Alytus administration had deliberately sought to degrade the applicant or to treat him inhumanely. Lastly, the Supreme Administrative Court observed that the Strasbourg Court quite often (neretai) held that the finding of a violation was sufficient just satisfaction. It considered that that would be an appropriate solution in the applicant’s case, even though his right to be held in conditions as set out by the domestic law had been breached. Accordingly, no pecuniary award was made.", "28. The applicant was born in 1983. When he lodged his application with the Court, he was serving a sentence at the 2nd Correctional Home-Open Colony of the Pravieniškės Correctional Home.", "29. It transpires from the documents before the Court that from 2008 to 2012 the applicant spent time in the 2nd Correctional Home-Open Colony in the following conditions:\n- one month in a dormitory-type room, where he had 1.96 square metres of personal space;\n- over four months in a dormitory-type room, where he had 2.03 square metres of personal space;\n- the remaining time, which appears to be a little bit less than four years, in a dormitory-type room, where he had between 2.27 and 2.57 square metres of personal space.", "30. In 2012 the applicant instituted court proceedings for damages, claiming that during his entire stay in Pravieniškės the facility was overcrowded. Moreover, the number of inmates held was constantly rising, even though no new premises were built. The Pravieniškės administration stated that there were plans to modernise that facility by 2017.", "31. By a decision of 9 July 2012 the Kaunas Regional Administrative Court partly accepted the applicant’s complaint, having noted that under the domestic law personal space in dormitory-type rooms had to be no less than 3 or 3.1 square metres (see paragraphs 54 and 55 below). The court awarded the applicant LTL 1,000 (EUR 290) in respect of non-pecuniary damage.", "32. On 4 February 2013 the Supreme Administrative Court maintained the award of LTL 1,000 (EUR 290) for non-pecuniary damage, caused by the State’s failure to observe domestic law norms. That being so, the court underlined that overcrowding in the applicant’s case was compensated for by free movement during the day. Moreover, the dormitory’s rooms in Pravieniškės had natural light and ventilation, and the sanitary facilities (asmens higienos patalpos) were separated from the sleeping premises. There was no evidence that overcrowding had had an impact on the applicant’s health. The Lithuanian court relied on the Court’s findings in Valašinas v. Lithuania (no. 44558/98, ECHR 2001‑VIII), whereby it held that merely a lack of living space provided for the inmate did not necessarily amount to a violation of Article 3 of the Convention. Last but not least, the applicant’s personal living space was close to the required domestic norm. It was also noteworthy that the applicant had complained only about lack of space. Having taken into account the cumulative effect of the conditions the applicant was held in, the Supreme Administrative Court thus rejected his assertion that the conditions of his stay in Pravieniškės had been in breach of Article 3 of the Convention.", "33. Mr Gaska was born in 1958. When introducing the application with the Court in 2013, he was serving his sentence at the Alytus Correctional Home.", "34. It transpires that after conviction, in May 2010 the applicant was placed in the Vilnius Correctional Home (Vilniaus pataisos namai), where he was held until February 2012.\nSpecifically, from 20 May 2010 to 16 September 2011 the applicant had to stay in dormitory-type room no. 4-414 measuring 14.41 square metres with five other inmates (that is, 2.4 square metres of living space per inmate).", "35. In April and June 2012, when he was already in the Alytus Correction Home, the applicant complained to the administration of the Vilnius Correctional Home that he had not had adequate living space in the latter facility and that the lighting in his room had been poor. When the Vilnius Correctional Home denied responsibility, the applicant appealed to the Prison Department, the body that oversees the Lithuanian prisons. The latter replied that, because of the lack of available space, the Vilnius Correctional Home’s administration could not always guarantee the minimum personal space of 3.1 square metres to each inmate required under domestic legislation. However, any lack of personal space during the night was compensated for by the inmates’ ability to move about within the confines of the Vilnius Correctional Home during the day.", "36. The applicant then instituted court proceedings for damages. The Vilnius Correctional Home asked the court to dismiss the claim, admitting that “because of overcrowding in prisons throughout Lithuania at this time, the Vilnius Correctional Home administration was not always able to provide the inmates with the minimum living space, as provided for by the domestic law (šiuo metu dėl įkalinimo įstaigų visoje Lietuvoje perpildymo Vilniaus pataisos namų administracija ne visada gali visiems nuteistiesiems suteikti įstatymais nustatytą minimalų gyvenamąjį plotą)”.", "37. On 25 April 2013 the Supreme Administrative Court noted that there were no particular data with regard to the exact number of inmates held together with the applicant. That being so, having regard to the material provided, namely photographs of six beds in room no. 4-414, the court interpreted all the uncertainties in the applicant’s favour, acknowledging a violation of his rights under the domestic legislation, on account of overcrowding. It established, however, that the applicant had not complained about the conditions of his detention during his stay in the facility at issue. The court held that the applicant’s argument that he had not complained because he had feared retribution from the prison administration had no objective grounds (niekuo nepagrįstas). Furthermore, there was no proof that the overcrowding had had an effect on the applicant’s health. Moreover, any lack of space during the night was compensated for by the applicant being able to move about within the facility during the day. The court acknowledged that, according to the domestic case-law and the case-law of the Court, in the event of inadequate detention conditions a person was considered to have sustained non-pecuniary damage. However, pecuniary compensation was not indispensable in order to protect infringed rights.", "38. In parallel court proceedings, the applicant also complained of insufficient lighting in his dormitory. By a final decision of 11 June 2013, the Supreme Administrative Court held that the lighting was very near the requirements as set by the applicable domestic legislation (74 lx, 83 lx and 112 lx, whereas100 lx was required under the legislation).", "39. Mr Traknys was born in 1966. When he lodged his application with the Court in 2013, he was serving a prison sentence at the Pravieniškės Correctional Home.", "40. From 8 December 2009 to 5 October 2011 and from 4 to 20 July 2012 Mr Traknys was held in the Lukiškės Remand Prison.\nIt can be deduced from the Lithuanian court decisions that during the first period of his detention in Lukiškės he spent 608 days in cells where he had between 1.23 and 2.74 square metres of living space.\nDuring his second stay in Lukiškės, the applicant spent sixteen days in cells where he had between 2.8 and 3.4 square metres of personal space.", "41. The applicant later instituted court proceedings for damages, complaining of overcrowding and deplorable conditions on account of the poor sanitary situation. He alleged that the cells were infested with mice and cockroaches, had insufficient lighting and were damp. He relied on a Vilnius Public Health Centre report to the effect that one of the cells had mould on the ceiling.", "42. By a decision of 23 May 2013, the Supreme Administrative Court acknowledged that there had been overcrowding during the first period of the applicant’s detention in Lukiškės, on account of the prison authorities’ failure to keep up with the domestic law requirement to provide 5 or, later, 3.6 square metres of personal space in the remand prison cells. The court had no doubts that staying in cells that did not meet hygiene standards had caused the applicant mental suffering. Furthermore, even though the applicant had objected to being placed with inmates who smoked, in breach of the domestic legislation, he had been held with smokers for ninety-nine days (the domestic court referred to Elefteriadis v. Romania, no. 38427/05, 25 January 2011), and with previously convicted inmates for 201 days, even though it was his first time in prison. On account of those multiple breaches of the applicant’s rights, without explicitly acknowledging a violation of Article 3 of the Convention and taking into consideration the economic situation in Lithuania, the court considered it just to award compensation of LTL 2,500 (EUR 725).", "43. As to the second period of the applicant’s detention, by a decision of 16 July 2013 the Supreme Administrative Court also acknowledged overcrowding. Taking into account the short duration of the violation and the economic situation in Lithuania, an award of LTL 350 (EUR 100) was made.", "44. Mr Zeleniakas was born in 1973. When he lodged his application with the Court in 2013, he was serving a prison sentence at the Alytus Correctional Home.", "45. In 2009 and 2010, Mr Zeleniakas was held at the Šiauliai Remand Prison, where he spent 328 days. During that time, he was held in a cell measuring 22.85 square metres, housing four to eight detainees (that is, between 2.86 and 5.71 square metres of personal space); in a cell measuring 20.13 square metres, housing four to nine detainees (that is, between 2.25 and 5.06 square metres of personal space); and in a cell measuring 16.26 square metres, housing five to eight detainees (that is, between 2.03 and 3.25 square metres of personal space).", "46. The applicant instituted court proceedings. His written complaint was sent from the Alytus Correctional Home, claiming that the conditions at the Šiauliai facility had been deplorable: the remand prison was overcrowded, the cells were “unsanitary”, and he had been held together with smoking inmates, even though he was a non-smoker. During the hearings before the Šiauliai Regional Administrative Court the applicant also complained that the cells lacked proper ventilation and that the toilets were not separated from the cells.", "47. On 12 November 2012 the Šiauliai Regional Administrative Court acknowledged a breach of the applicant’s rights under the domestic law, as regards overcrowding. The court noted his statement during the hearing that he had complained to the Šiauliai Remand Prison about being kept with smokers. Although the applicant had not complained of a violation of Article 3 of the Convention, the first-instance court nevertheless deemed it proper to examine his complaint in the light of the Court’s case-law criteria. Having done that, the court considered that the applicant’s rights had been violated on account of overcrowding, as it was understood under the domestic law, and that while it was close to a breach of Article 3 of the Convention, it did not pass that threshold. Lastly, the applicant had instituted court proceedings a year and a half after the date on which he had left the Šiauliai Remand Prison, by which time his psychological and physical suffering had diminished. Accordingly, there was no need to award him any pecuniary compensation. The court did not address the applicant’s complaint of unsanitary conditions.", "48. On 10 May 2013 the Supreme Administrative Court partly granted the applicant’s appeal. It considered, however, that in his appeal the applicant had touched upon not only those issues which he had raised in his complaint to the first-instance court, but had also complained about other aspects of his detention. In particular, according to the Supreme Administrative Court, in his appeal the applicant had argued that the cells had lacked an artificial ventilation system, that the natural ventilation system had been insufficient, and that the toilet in the cell was of the type that should only be installed outside (kameroje esantis tualetas ir pati kamera buvo vienoje patalpoje, o sanitariniam mazgui įrengti panaudotas lauko tualeto principas). The appellate court considered that the applicant should have raised those issues in his complaint (skunde) to the first-instance court. Accordingly, it dismissed the applicant’s allegations of lack of ventilation and proper toilet facilities.", "49. As to overcrowding, the Supreme Administrative Court noted that the number of inmates at the Šiauliai Remand Prison often changed during the day. On the basis of the documents provided by the Šiauliai Remand Prison, the Supreme Administrative Court established that for seventeen days the applicant had been held in “overcrowded” cells and for twenty-one days he had been held in cells where the minimum personal space was “very close to, but did not meet the [domestic] norms”. The Šiauliai facility had thus breached the applicant’s statutory right to be held in a cell where he would have 5 or 3.6 square metres of space. Having reviewed the Court’s case-law on conditions of detention, the Supreme Administrative Court considered that the inconveniences suffered by the applicant during those thirty-eight days went beyond those inherent in detention and were intense enough to amount to a violation of Article 3. The court nevertheless noted that there was no evidence in the case that the remand facility had intentionally sought to debase the applicant. The applicant could go out for a stroll for one hour per day, thus spending some time outside his cell. Lastly, the Supreme Administrative Court observed that there was no evidence in the file that the applicant had ever asked the remand prison administration to be held in a non-smoking cell. Nor was there any evidence in the file that he had been held in unsanitary conditions. The appellate court considered that the applicant had lodged his complaint more than one and a half years after his release from the Šiauliai Remand Prison, and thus had had a possibility to gather evidence and to provide it to the court. Having taken into account the economic situation in the country, the Supreme Administrative Court awarded the applicant LTL 200 (EUR 60) for his suffering." ]

[ "13", "3", "34" ]

[ 3, 4, 7, 8, 9, 11, 13, 14, 15, 18, 20, 21, 22, 24, 25, 27, 29, 30, 31, 32, 35, 36, 37, 40, 42, 43, 44 ]

[]