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[ "The applicant , PERSON , is a NORP national who was born in DATE and lives in GPE , GPE . He is the father of PERSON , also a NORP national , born in DATE .", "The facts of the case , as established by the submissions of the parties and the material submitted by them , in particular the witness statements taken by the NORP police , may be summarised as follows .", "PERSON arrived in GPE on DATE . On DATE , ORG , the owner of a cabaret in GPE , had applied for an “ artiste ” visa and work permit for PERSON to allow her to work as an artiste in his cabaret ( see further paragraph QUANTITY below ) . The application was accompanied by a copy of PERSON passport , a medical certificate , a copy of an employment contract ( apparently not yet signed by PERSON ) and a bond , signed by [ ORG Agencies , in the following terms ( original in LANGUAGE ) :", "“ KNOW ALL MEN BY THESE PRESENTS that I [ X.A. ] of L / SSOL Am bound to the Minister of the Interior of GPE in the sum of £ MONEY to be paid to the said Minister of the ORG or other the [ sic ] Minister of ORG for the time being or his attorney or attorneys .", "Sealed with my seal .", "Dated DATE of DATE", "WHEREAS PERSON of GPE", "PERSON called the immigrant , ( which expression shall where the context so admits be deemed to include his heirs , executors , administrators and assigns ) is entering GPE and I have undertaken that the immigrant shall not become in need of relief in GPE during a period of DATE from the date hereof and I have undertaken to replay [ sic ] to GPE any sum which GPE may pay for the relief or support of the immigrant ( the necessity for which relief and support the Minister shall be the sole judge ) or for the axpenses [ sic ] of repatriating the immigrant from GPE within a period of DATE from DATE .", "NOW THE CONDITION OF THE ABOVE WRITTEN BOND is such that if the immigrant or myself , my heirs , executors , administrators and assigns shall repay to GPE on demand any sum which GPE may have paid as aforesaid for the relief or Support of the immigrant or for the expenses of repatriation of the immigrant from GPE then the above written bond shall be void but otherwise shall remain in full force . ”", "PERSON was granted a temporary residence permit as a visitor until DATE . She stayed in an apartment with other young women working in ORG ’s cabaret . On DATE she was granted a permit to work until DATE as an artiste in a cabaret owned by ORG and managed by his brother , PERSON She began work on DATE .", "On DATE , at TIME , PERSON was informed by the other women living with PERSON that she had left the apartment and taken all her belongings with her . The women told him that she had left a note in NORP saying that she was tired and wanted to return to GPE . On the same date PERSON informed ORG in GPE that Ms GPE had abandoned her place of work and residence . According to ORG ’s subsequent witness statement , he wanted PERSON to be arrested and expelled from GPE so that he could bring another girl to work in the cabaret . However , PERSON name was not entered on the list of persons wanted by the police .", "On DATE , at TIME , PERSON was seen in a discotheque in GPE by another cabaret artiste . Upon being advised by the cabaret artiste that PERSON was in the discotheque , PERSON called the police and asked them to arrest her . He then went to the discotheque together with a security guard from his cabaret . An employee of the discotheque brought PERSON to him . In his subsequent witness statement , PERSON said ( translation ) :", "“ When PERSON got in to my car , she did not complain at all or do anything else . She looked drunk and I just told her to come with me . Because of the fact that she looked drunk , we did n’t have a conversation and she did n’t talk to me at all . ”", "M.A. took PERSON to FAC , where QUANTITY police officers were on duty . He made a brief statement in which he set out the circumstances of PERSON arrival in GPE , her employment and her subsequent disappearance from the apartment on DATE . According to the statement of the police officer in charge when they arrived ( translation ) :", "“ On DATE , slightly before TIME , [ GPE ] found [ PERSON ] in the nightclub Titanic ... he took her and led her to the police station stating that Ms GPE was illegal and that we should place her in the cells . He ( [ GPE ] ) then left the place ( police station ) . ”", "The police officers then contacted the duty passport officer at his home and asked him to look into whether PERSON was illegal . After investigating , he advised them that her name was not in the database of wanted persons . He further advised that there was no record of PERSON ’s complaint of DATE and that , in any case , a person did not become illegal until DATE after a complaint was made . The passport officer contacted the person in charge of the ORG ( Police Aliens and ORG ) , who gave instructions that PERSON was not to be detained and that her employer , who was responsible for her , was to pick her up and take her to their ORG for further investigation at TIME DATE . The police officers contacted PERSON to ask him to collect PERSON . PERSON was upset that the police would not detain her and refused to come and collect her . The police officers told him that their instructions were that if he did not take her they were to allow her to leave . PERSON became angry and asked to speak to their superior . The police officers provided a telephone number to ORG The officers were subsequently advised by their superior that ORG would come and collect PERSON . Both officers , in their witness statements , said that PERSON did not appear drunk . The officer in charge said ( translation ) :", "“ PERSON remained with us ... She was applying her make - up and did not look drunk ... At around CARDINAL.CARDINALa.m . ... I was ... informed that [ PERSON ] had come and picked her up ... ”", "According to ORG ’s witness statement , when he collected PERSON from the police station , he also collected her passport and the other documents which he had handed to the police when they had arrived . He then took PERSON to the apartment of GPE , a male employee at his cabaret . The apartment GPE lived in with his wife , PERSON , was a split - level apartment with the entrance located on the fifth floor of a block of flats . According to ORG , they placed PERSON in a room on the second floor of the apartment . In his police statement , he said :", "“ She just looked drunk and did not seem to have any intention to do anything . I did not do anything to prevent her from leaving the room in [ the ] flat where I had taken her . ”", "M.A. said that ORG and his wife went to sleep in their bedroom on the second floor and that he stayed in the living room of the apartment where he fell asleep . The apartment was arranged in such a way that in order to leave the apartment by the front door , it would be necessary to pass through the living room .", "M.P. stated that he left his work at the cabaret “ Zygos ” in GPE at TIME and went to the “ NORP ” discotheque for a drink . Upon his arrival there he was informed that the girl they had been looking for , of NORP origin , was in the discotheque . Then PERSON arrived , accompanied by a security guard from the cabaret , and asked the employees of “ NORP ” to bring the girl to the entrance . PERSON , PERSON and the security guard then all got into PERSON ’s car and left . At around TIME returned to his house and went to sleep . At TIME his wife woke him up and informed him that PERSON had arrived together with PERSON and that they would stay until ORG opened . He then fell asleep .", "D.P. stated that GPE brought PERSON to the apartment at TIME .. She made coffee and PERSON spoke with her husband in the living room . PERSON then asked PERSON to provide PERSON with a bedroom so that she could get some rest . PERSON stated that PERSON looked drunk and did not want to drink or eat anything . According to PERSON , she and her husband went to sleep at TIME while PERSON stayed in the living room . Having made her statement , PERSON revised her initial description of events , now asserting that her husband had been asleep when PERSON arrived at their apartment with PERSON . She stated that she had been scared to admit that she had opened the door of the apartment on her own and had had coffee with M.A ..", "At TIME , PERSON was found dead on the street below the apartment . Her handbag was over her shoulder . The police found a bedspread looped through the railing of the smaller balcony adjoining the room in which PERSON had been staying on the upper floor of the apartment , below which the larger balcony on the fifth floor was located .", "M.A. claimed that he woke at TIME in order to take PERSON to ORG . He called to GPE and GPE and heard PERSON saying that the police were in the street in front of the apartment building . They looked in the bedroom but PERSON was not there . They looked out from the balcony and saw a body in the street . He later discovered that it was PERSON .", "D.P. claimed that she was woken by PERSON knocking on her door to tell her that PERSON was not in her room and that they should look for her . She looked for her all over the apartment and then noticed that the balcony door in the bedroom was open . She went out onto the balcony and saw the bedspread and realised what PERSON had done . She went onto another balcony and saw a body lying on the street , covered by a white sheet and surrounded by police officers .", "M.P. stated that he was woken up by noise at TIME and saw his wife in a state of shock ; she told him that PERSON had fallen from the balcony . He went into the living room where he saw PERSON and some police officers .", "In his testimony of DATE , PERSON stated that on DATE , TIME , he was smoking on his balcony , located on the first floor of GPE and ORG building . He said :", "“ I saw something resembling a shadow fall from above and pass directly in front of me . Immediately afterwards I heard a noise like something was breaking ... I told my wife to call the police ... I had heard nothing before DATE and immediately afterwards I did not hear any voices . She did not scream during DATE . She just fell as if she were unconscious ... Even if there had been a fight ( in the apartment on the fifth floor ) I would not have been able to hear it . ”", "ORG advised the ORG that the original investigation file had been destroyed in light of the internal policy to destroy files after DATE in cases where it was concluded that death was not attributable to a criminal act . A duplicate file , containing all the relevant documents with the exception of memo sheets , has been provided to ORG .", "The file contains a report by the officer in charge of the investigation . The report sets out the background facts , as ascertained by forensic and crime scene evidence , and identifies CARDINAL witnesses : GPE , GPE , GPE , the CARDINAL police officers on duty at FAC , the duty passport officer , QUANTITY police officers who attended the scene after Ms GPE ’s fall , the forensic examiner and the laboratory technician who analysed blood and urine samples .", "The report indicates that TIME after receiving the call from ORG wife , shortly after TIME , the police arrived at the apartment building . They sealed off the scene at CARDINAL a.m. and began an investigation into the cause of PERSON fall . They took photographs of the scene , including photographs of the room in the apartment where PERSON had stayed and photographs of the balconies . The forensic examiner arrived at TIME and certified death . An initial forensic examination took place at the scene", "On DATE , the police interviewed GPE , GPE and PERSON as well as G.A .. They also interviewed the QUANTITY police officers who had seen PERSON and PERSON at FAC shortly before PERSON death and the duty passport officer ( relevant extracts and summaries of the statements given is included in the facts set out above at paragraphs CARDINAL ) . Of the QUANTITY police officers who attended the scene , the investigation file includes statements made by CARDINAL of them , including the officer placed in charge of the investigation . There is no record of any statements being taken either from other employees of the cabaret where PERSON worked or from the women with whom she briefly shared an apartment .", "When he made his witness statement on DATE , ORG handed PERSON passport and other documents to the police . After the conclusion and signature of his statement , he added a clarification regarding the passport , indicating that PERSON had taken her passport and documents when she left the apartment on DATE .", "On DATE an autopsy was carried out by the NORP authorities . The autopsy found a number of injuries on PERSON body and to her internal organs . It concluded that these injuries resulted from her fall and that the fall was the cause of her death . It is not clear when the applicant was informed of the results of the autopsy . According to the applicant , he was not provided with a copy of the autopsy report and it is unclear whether he was informed in any detail of the conclusions of the report , which were briefly summarised in the findings of the subsequent inquest .", "On DATE the applicant visited FAC together with a lawyer and spoke to the police officer who had received PERSON GPE and PERSON on DATE . The applicant asked to attend the inquest . According to a later statement by the police officer , dated DATE , the applicant was told by the police during the visit that his lawyer would be informed of the date of the inquest hearing before ORG .", "On DATE the applicant sent an application to ORG , copied to ORG and ORG in GPE . He referred to a request of DATE of ORG of the GPE region concerning legal assistance ( see paragraph CARDINAL below ) and asked to exercise his right to familiarise himself with the materials of the case before the inquest hearing , to be present at the hearing and to be notified in due time of the date of the hearing . He also advised that he wished to present additional documents to the court in due course .", "The inquest proceedings were fixed for DATE and , according to the police officer ’s statement of DATE ( see paragraph CARDINAL above ) , the applicant ’s lawyer was promptly informed . However , neither she nor the applicant appeared before ORG . The case was adjourned to DATE and an order was made that ORG be notified of the new date so as to inform the applicant .", "In a facsimile dated DATE and sent on DATE to ORG , copied to ORG and ORG in GPE , the applicant asked for information regarding the inquest date to be sent to his new place of residence .", "On DATE the applicant did not appear before ORG and the inquest was adjourned until DATE .", "On DATE the inquest took place before ORG in the absence of the applicant . The court ’s verdict of the same date stated , inter alia ( translation ) :", "“ At TIME on [ DATE ] the deceased , in an attempt to escape from the afore - mentioned apartment and in strange circumstances , jumped into the void as a result of which she was fatally injured ...", "My verdict is that ORG died on DATE , in circumstances resembling an accident , in an attempt to escape from the apartment in which she was a guest ( εφιλοξενείτο ) .", "There is no evidence before me that suggests criminal liability of a third person for her death ” .", "PERSON body was transferred to GPE on DATE .", "On DATE the applicant requested ORG ( “ the GPE ” ) to perform an autopsy of the body . He further requested ORG of GPE and ORG to investigate PERSON death in GPE . On DATE ORG issued its report on the autopsy .", "NORP In particular the following was reported in the forensic diagnosis ( translation provided ) :", "“ It is a trauma from falling down from a large height , the falling on a plane of various levels , politrauma of the body , open cranial trauma : multiple fragmentary comminuted fracture of the facial and brain skull , multiple breeches of the brain membrane on the side of the brain vault and the base of the skull in the front brain pit , haemorrhages under the soft brain membranes , haemorrhages into the soft tissues , multiple bruises , large bruises and wounds on the skin , expressed deformation of the head in the front - to - back direction , closed dull trauma of the thorax with injuries of the thorax organs ... , contusion of the lungs along the back surface , fracture of the spine in the thorax section with the complete breach of the marrow and its displacement along and across ...", "Alcohol intoxication of the medium degree : the presence of ethyl alcohol in the blood PERCENT , in the urine -CARDINAL,CARDINAL % . ”", "NORP The report ’s conclusions included the following :", "“ The color and the look of bruises , breaches and wounds as well as hemorrhages with the morphological changes of the same type in the injured tissues indicates , without any doubt , that the traumas happened while she was alive , as well as the fact , that they happened not very long before death , within a very short time period , one after another .", "During the forensic examination of the corpse of PERSON no injuries resulting from external violence , connected with the use of various firearms , various sharp objects and weapons , influence of physical and chemical reagents or natural factors have been established . ... During the forensic chemical examination of the blood and urine , internal organs of the corpse no narcotic , strong or toxic substances are found . PERSON circumstances exclude the possibility of the death of PERSON from firearms , cold steel , physical , chemical and natural factors as well as poisoning and diseases of various organs and systems . ...", "Considering the location of the injuries , their morphological peculiarities , as well as certain differences , discovered during the morphological and histological analysis and the response of the injured tissues we believe that in this particular case a trauma from falling down from the great height took place , and it was the result of the so - called staged / bi - moment fall on the planes of various levels during which the primary contact of the body with an obstacle in the final phase of DATE from the great height was by the back surface of the body with a possible sliding and secondary contact by the front surface of the body , mainly the face with the expressed deformation of the head in the front - to - back direction due to shock - compressive impact ...", "During the forensic chemical examination of the corpse of PERSON in her blood and urine we found ethyl spirits CARDINAL and CARDINAL correspondingly , which during her life might correspond to medium alcohol intoxication which is clinically characterized by a considerable emotional instability , breaches in mentality and orientation in space in time . ”", "On DATE ORG in GPE requested from the chief of GPE police station copies of the investigation files relating to PERSON death .", "On DATE the applicant applied to ORG GPE region requesting the Prosecutor to apply on his behalf to ORG for legal assistance free of charge as well as an exemption from court expenses for additional investigation into the death of his daughter on the territory of GPE .", "By letter dated DATE the Deputy General Prosecutor of ORG advised the Minister of Justice of GPE that ORG of the GPE region had conducted an examination in respect of PERSON death , including a forensic medical examination . He forwarded a request , dated DATE , under LAW ( “ the LAW ” – see paragraphs CARDINAL to CARDINAL below ) and the LAW between the GPE and GPE ORG DATE ( “ LAW ” – see paragraphs CARDINAL to CARDINAL below ) , for legal assistance for the purposes of establishing all the circumstances of PERSON death and bringing to justice guilty parties , under NORP legislation . The request included the findings of the NORP authorities as to the background circumstances ; it is not clear how the findings were reached and what , if any , investigation was conducted independently by the NORP authorities .", "The findings stated , inter alia , as follows ( translation provided ) :", "“ The police officers refused to arrest PERSON due to her right to stay on the territory of GPE without the right to work for DATE , i.e. until DATE . Then PERSON [ M.A. ] suggested to detain PERSON till TIME as a drunken person . He was refused , since , following the explanations provided by the police officers PERSON looked like a sober person , behaved decently , was calm , was laying make - up . PERSON , together with an unestablished person , at CARDINAL.CARDINALa.m . on DATE took PERSON from the regional police precinct and brought her to the apartment of [ GPE ] ... where [ they ] organised a meal , and then , at CARDINAL . locked PERSON in a room of the attic of the CARDINALth floor of said house . ”", "The request highlighted the conclusion of the experts at ORG that there had been CARDINAL stages in PERSON fall , first on her back and then on her front . The request noted that this conclusion contradicted the findings made in the NORP forensic examination that PERSON death had resulted from a fall face - down . It further noted :", "“ It is possible to suppose , that at the moment of her falling down the victim could cry from horror . However , it contradicts the materials of the investigation , which contain the evidence of an inhabitant of the CARDINALnd floor of this row of loggias , saying that a silent body fell down on the asphalt ... ”", "The report concluded :", "“ Judging by the report of the investigator to PERSON , the investigation ends with the conclusion that the death of PERSON took place under strange and un - established circumstances , demanding additional investigation . ”", "The Prosecutor of the GPE region therefore requested , in accordance with LAW , that further investigation be carried out into the circumstances of PERSON death in order to identify the cause of death and eliminate the contradictions in the available evidence ; that persons having any information concerning the circumstances of the death be identified and interviewed ; that the conduct of the various parties be considered from the perspective of bringing murder and/or kidnapping and unlawful deprivation of freedom charges , and in particular that PERSON be investigated ; that the applicant be informed of the materials of the investigation ; that the NORP authorities be provided with a copy of the final decisions of judicial authorities as regards PERSON death ; and that the applicant be granted legal assistance free of charge and be exempted from paying court expenses .", "On DATE ORG wrote to ORG requesting , on behalf of the applicant , that criminal proceedings be instituted in respect of PERSON death , that the applicant be joined as a victim in the proceedings and that he be granted free legal assistance .", "On DATE ORG in GPE conveyed to ORG the requests dated DATE and DATE of ORG of GPE , made under LAW , for legal assistance concerning PERSON death .", "On DATE ORG reiterated its request for the institution of criminal proceedings in connection with PERSON death and the applicant ’s request to be added as a victim to the proceedings in order to submit his further evidence , as well as his request for legal aid . It requested ORG to provide an update and advise of any decisions that had been taken .", "On DATE , the applicant applied to the NORP authorities to be recognised as a victim in the proceedings concerning his daughter ’s death and reiterated his request for legal assistance . The request was forwarded by ORG to ORG .", "NORP By letter of DATE the Assistant to ORG wrote to ORG referring to the detailed request made by the applicant for the initiation of criminal proceedings in connection with the death of his daughter and for legal aid in GPE , which had previously been forwarded to the NORP authorities pursuant to ORG and LAW . The letter noted that no information had been received and requested that a response be provided .", "On DATE ORG wrote to ORG requesting an expedited response to its request for legal assistance in respect of PERSON death .", "By letters of CARDINAL and DATE ORG noted that it had received no response from the NORP authorities in relation to its requests for legal assistance , the contents of which it repeated .", "On DATE ORG informed ORG that its request had been duly executed by the NORP police . A letter from the Chief of Police , and the police report of DATE recording the applicant ’s visit to FAC in DATE were enclosed .", "On DATE ORG wrote to ORG requesting an expedited response to its request for legal assistance in respect of PERSON death .", "On DATE ORG submitted a further request pursuant to LAW . It requested that a further investigation be conducted into the circumstances of PERSON death as the verdict of DATE was unsatisfactory . In particular , it noted that despite the strange circumstances of the incident and the acknowledgment that PERSON was trying to escape from the flat where she was held , the verdict did not make any reference to the inconsistent testimonies of the relevant witnesses or contain any detailed description of the findings of the autopsy carried out by the NORP authorities .", "On DATE ORG wrote to ORG requesting a reply to its previous requests as a matter of urgency .", "On DATE the Commissioner for Human Rights of GPE forwarded the applicant ’s complaint about the inadequate reply from the NORP authorities to ORG .", "On DATE , in reply to the NORP authorities’ request ( see paragraph CARDINAL above ) , ORG forwarded to ORG a further report prepared by the NORP police and dated DATE . The report was prepared by CARDINAL of the officers who had attended the scene on DATE and provided brief responses to the questions posed by the NORP authorities . The report reiterated that witnesses had been interviewed and statements taken . It emphasised that all the evidence was taken into consideration by the inquest . It continued as follows ( translation ) :", "“ At about CARDINAL.CARDINALa.m . on DATE the deceased went out onto the balcony of her room through the balcony door , climbed down to the balcony of the first floor of the apartment with the assistance of a bedspread which she tied to the protective railing of the balcony . She carried on her shoulder her personal bag . From that point , she clung to the aluminium protective railing of the balcony so as to climb down to the balcony of the apartment on the floor below in order to escape . Under unknown circumstances , she fell into the street , as a result of which she was fatally injured . ”", "NORP The report observed that it was not known why PERSON left the apartment on DATE but on the basis of the investigation ( translation ) :", "“ ... it is concluded that the deceased did not want to be expelled from GPE and because her employer was at the entrance of the flat where she was a guest , she decided to take the risk of trying to climb over the balcony , as a result of which she fell to the ground and died instantaneously . ”", "As to the criticism of the NORP autopsy and alleged inconsistencies in the forensic evidence between the NORP and NORP authorities , the report advised that these remarks had been forwarded to the NORP forensic examiner who had carried out the autopsy . His response was that his own conclusions were sufficient and that no supplementary information was required . Finally , the report reiterated that the inquest had concluded that there was no indication of any criminal liability for PERSON death .", "DATE . By letter of CARDINAL DATE the NORP Ambassador to GPE requested further information about a hearing concerning the case apparently scheduled for DATE and reiterated the applicant ’s request for free legal assistance . ORG responded by facsimile of DATE indicating that ORG had been unable to find any reference to a hearing in the case fixed for DATE and requesting clarification from the NORP authorities .", "On DATE the applicant asked the NORP authorities to obtain testimonies from CARDINAL young NORP women , now resident in GPE , who had been working with PERSON at the cabaret in GPE and could testify about sexual exploitation taking place there . He reiterated his request on DATE . The NORP authorities replied that they could only obtain such testimonies upon receipt of a request by the NORP authorities .", "NORP By letter of CARDINAL DATE ORG wrote to ORG seeking an update on the new inquest into PERSON death and requesting information on how to appeal NORP court decisions . The letter indicated that , according to information available , the hearing set for DATE had been suspended due to the absence of evidence from the NORP nationals who had worked in the cabaret with PERSON . The letter concluded with an undertaking to assist in any request for legal assistance by GPE aimed at the collection of further evidence .", "In DATE , according to the applicant , the Attorney - General of GPE confirmed to the applicant ’s lawyer that he was willing to order the re - opening of the investigation upon receipt of further evidence showing any criminal activity .", "On DATE ORG wrote to ORG requesting an update on the suspended hearing of DATE . ORG replied by facsimile on DATE confirming that neither ORG nor ORG had any record of such a hearing and requesting further clarification of the details of the alleged hearing .", "On DATE ORG wrote to ORG requesting an update on the suspended hearing and reiterating its query regarding the appeals procedure in GPE .", "On DATE , by letter to the NORP authorities , the Attorney - General of GPE advised that he saw no reason to request the NORP authorities to obtain the testimonies of the CARDINAL NORP citizens identified by the applicant . If the said persons were in GPE their testimonies could be obtained by the NORP police and if they were in GPE , the NORP authorities did not need the consent of the NORP authorities to obtain their statements .", "On DATE ORG replied to ORG reiterating its request for more information about the alleged suspended hearing .", "DATE . On DATE ORG wrote to the Attorney - General of GPE reminding him of the outstanding requests for renewal of investigations into PERSON death and for information on the progress of judicial proceedings .", "On DATE and CARDINAL DATE the applicant reiterated his request to the NORP authorities that statements be taken from the CARDINAL NORP women .", "On DATE ORG confirmed to ORG that the inquest into PERSON death was completed on DATE and that it found that her death was the result of an accident . The letter noted :", "“ No appeal was filed against the decision , because of the lack of additional evidence ” .", "On DATE , DATE , DATE and DATE the applicant reiterated his request to the NORP authorities that statements be taken from the CARDINAL NORP women .", "NORP In DATE , ORG published a report on “ artistes ” in GPE . In her introduction , she explained the reasons for her report as follows ( all quotes are from a translation of the report provided by ORG ) :", "“ Given the circumstances under which [ PERSON ] PERSON had lost her life and in the light of similar cases which have been brought into publicity regarding violence or demises of alien women who arrives in GPE to work as ‘ artistes’ , I have decided to undertake an ex officio investigation ... ”", "As to the particular facts of PERSON case , she noted the following :", "“ After formal immigration procedures , she started working on DATE . DATE she abandoned the cabaret and the place where she had been staying for reasons which have never been clarified . The employer reported the fact to ORG in GPE . However , [ Oxana ] PERSON ’s name was not inserted on the list comprising people wanted by the Police , for unknown reasons , as well . ”", "She further noted that :", "“ The reason for which [ PERSON ] PERSON was surrendered by the police to her employer , instead of setting her free , since there were [ neither ] arrest warrant [ nor ] expulsion decree against her , remained unknown . ”", "The ORG ’s report considered the history of the employment of young foreign women as cabaret artistes , noting that the word “ artiste ” in GPE has become synonymous with “ prostitute ” . Her report explained that since DATE , CARDINAL of young women had legally entered GPE to work as artistes but had in fact worked as prostitutes in CARDINAL of the many cabarets in GPE . Since DATE , efforts had been made by the authorities to introduce a stricter regime in order to guarantee effective immigration monitoring and to limit the “ well - known and commonly acknowledged phenomenon of women who arrived in GPE to work as artistes ” . However , a number of the measures proposed had not been implemented due to objections from cabaret managers and artistic agents .", "The ORG ’s report noted that in DATE , the prostitution market in GPE started to be served by women coming mainly from former GPE of GPE . She concluded that :", "“ During DATE , one could observe a certain improvement regarding the implementation of those measures and the policy being adopted . However , there was not improvement regarding sexual exploitation , trafficking and mobility of women under a regime of modern slavery . ”", "As regards the living and working conditions of artistes , the report stated :", "“ The majority of the women entering the country to work as artistes come from poor families of the post socialist countries . Most of them are educated ... Few are the real artistes . Usually they are aware that they will be compelled to prostitute themselves . However , they do not always know about the working conditions under which they will exercise this job . There are also cases of alien women who come to GPE , having the impression that they will work as waitresses or dancers and that they will only have drinks with clients ( ‘ consomation’ ) . They are made by force and threats to comply with the real terms of their work ...", "Alien women who do not succumb to this pressure are forced by their employers to appear at LOC to declare their wish to terminate their contract and to leave GPE on ostensible grounds ... Consequently , the employers can replace them quickly with other artistes ...", "The alien artistes from the moment of their entry into GPE to their departure are under constant surveillance and guard of their employers . After finishing their work , they are not allowed to go wherever they want . There are serious complaints even about cases of artistes who remain locked in their residence place . Moreover , their passports and other personal documents are retained by their employers or artistic agents . Those who refuse to obey are punished by means of violence or by being imposed fees which usually consist in deducting percentages of drinks , ‘ consommation’ or commercial sex . Of course these amounts are included in the contracts signed by the artistes .", "...", "Generally , artistes stay at CARDINAL star hotels , flats or guest - houses situated near or above the cabarets , whose owners are the artistic agents or the cabaret owners . These places are constantly guarded . CARDINAL women sleep in each room . According to reports given by the Police , many of these buildings are inappropriate and lack sufficient sanitation facilities .", "... Finally , it is noted that at the point of their arrival in GPE alien artistes are charged with debts , for instance with traveling expenses , commissions deducted by the artistic agent who brought them in GPE or with commissions deducted by the agent who located them in their country etc . Therefore , they are obliged to work under whichever conditions to pay off at least their debts . ” ( footnotes omitted )", "DATE . Concerning the recruitment of women in their countries of origin , the report noted :", "“ Locating women who come to work in GPE is usually undertaken by local artistic agents in cooperation with their homologues in different countries and arrangements are made between both of them . After having worked for DATE maximum in GPE , a number of these artistes are sent to GPE , GPE , GPE or GPE . ” ( footnotes omitted )", "The ORG observed that the police received few complaints from trafficking victims :", "“ The police explain that the small number of complaints filed is due to the fear that artistes feel , since they receive threats against their lives on the part of their procurer . ”", "She further noted that protection measures for victims who had filed complaints were insufficient . Although they were permitted to work elsewhere , they were required to continue working in similar employment . They could therefore be easily located by their former employers .", "The ORG concluded :", "“ The phenomenon of trafficking in person has so tremendously grown worldwide . Trafficking in persons concerns not only sexual exploitation of others but also exploitation of their employment under conditions of slavery and servitude ...", "From the data of this report it is observed that over DATE GPE has not been only a destination country but a transit country where women are systematically promoted to the prostitution market . It follows also that this is also due to a great extent to the tolerance on the part of the immigration authorities , which are fully aware of what really happens .", "On the basis of the policy followed as for the issue of entry and employment permits to entertainment and show places , CARDINAL of alien women , with no safety valve , have entered by law the country to work as artistes unlawfully . In various forms of pressure and coercion most of these women are forced by their employers to prostitution under cruel conditions , which infringe upon the fundamental human rights , such as individual freedom and human dignity . ” ( footnotes omitted )", "Although she considered the existing legislative framework to combat trafficking and sexual exploitation satisfactory , she noted that no practical measures had been taken to implement the policies outlined , observing that :", "“ ... The various departments and services dealing with this problem , are often unaware of the matter and have not been properly trained or ignore those obligations enshrined in the LAW ... ”", "ORG for Human Rights visited GPE in DATE and in his subsequent report of CARDINAL DATE , he referred to issues in GPE regarding trafficking of women . The report noted , inter alia , that :", "“ CARDINAL . It is not at all difficult to understand how GPE , given its remarkable economic and tourist development , has come to be a major destination for this traffic in LOC . The absence of an immigration policy and the legislative shortcomings in that respect have merely encouraged the phenomenon . ”", "As regards the legal framework in place in GPE ( see paragraphs CARDINAL to CARDINAL below ) , the Commissioner observed :", "“ CARDINAL . The authorities have responded at the normative level . LAW ( number CARDINAL ) , DATE ) has established a suitable framework for suppression of trafficking in human beings and sexual exploitation of children . Under the LAW , any action identifiable as trafficking in human beings in the light of ORG and of the Exploitation and Prostitution of Others , together with other acts of a similar nature specified by law , are an offence punishable by DATE imprisonment , the penalty being increased to DATE where the victim is DATE . The offence of sexual exploitation carries a DATE prison sentence . If committed by persons in the victim ’s entourage or persons wielding authority or influence over the victim , the penalty is DATE in prison . According to the provisions of DATE , using children for the production and sale of pornographic material is an offence . Article CARDINAL grants ORG aid , within reasonable limits , to victims of exploitation ; such aid comprises subsistence allowance , temporary accommodation , medical care and psychiatric support . Article CARDINAL reaffirms the right to redress by stressing the power of the court to award punitive damages justified by the degree of exploitation or the degree of the accused person ’s constraint over the victim . A foreign worker lawfully present in GPE who is a victim of exploitation can approach the authorities to find other employment up until the expiry of the initial work permit ( DATE . Lastly , ORG , under LAW , appoints a guardian for victims with the principal duties of counselling and assisting them , examining complaints of exploitation , and having the culprits prosecuted , as well as for pinpointing any deficiency or loophole in the law and for making recommendations with a view to their removal . ”", "Concerning practical measures , the Commissioner noted :", "“ DATE . At a practical level , the ORG has made efforts to protect women who have laid a complaint against their employers by permitting them to remain in the country in order to substantiate the charges . In certain cases , the women have remained in GPE at government expense during the investigation . ”", "However , he criticised the failure of the authorities to tackle the problem of the excessive number of young foreign women coming to work in NORP cabarets :", "“ DATE . However , apart from punitive procedures , preventive control measures could be introduced . By the LOC own admission , the number of young women migrating to GPE as nightclub artistes is well out of proportion to the population of the island . ”", "On DATE , ORG for Human Rights published a follow - up report in which he assessed the progress of ORG in implementing the recommendations of his previous report . As regards the issue of trafficking , the report observed that :", "“ CARDINAL . The Commissioner noted in his DATE report that the number of young women migrating to GPE as nightclub artistes was well out of proportion to the population of the island , and that the authorities should consider introducing preventive control measures to deal with this phenomenon , in conjunction with legislative safeguards . In particular , the Commissioner recommended that the authorities adopt and implement a plan of action against trafficking in human beings . ”", "The report continued :", "“ DATE . The so called ‘ cabaret artiste’ visas are in fact permits to enter and work in nightclubs and bars . These permits are valid for DATE and can be extended for a further DATE . The permit is applied for by the establishment owner on behalf of the woman in question . CARDINAL permits are issued DATE , with CARDINAL women working at a given time and most women originating from LOC . A special information leaflet has been prepared by ORG and translated into CARDINAL languages . The leaflet is given to women entering the country on such permits , is also available on the website of ORG and ORG and copies of the leaflet are sent to the consulates in GPE , GPE , the GPE and GPE in order for women to be informed before they enter GPE . The leaflet sets out the rights of the women and the responsibilities of their employers . The authorities are aware that many of the women who enter GPE on these artistes visas will in fact work in prostitution . ”", "The Commissioner ’s report highlighted recent and pending developments in GPE :", "“ CARDINAL . A new Law on Trafficking in Human Beings is currently being discussed . The new law will include other forms of exploitation such as labour trafficking as well as trafficking for sexual exploitation . GPE has signed but not ratified ORG .", "The Attorney ORG has prepared a National Action Plan for ORG . LAW was presented and approved by ORG in DATE . Some NGOs complained of their lack of involvement in the consultation process . ORG is responsible for the implementation of ORG . According to ORG , women involved in cases of sexual exploitation or procuring are not arrested or charged with any offence , but are considered as victims and are under the care of ORG . Victims who will act as witnesses in court trials can reside in GPE until the end of the case . They have the possibility of working , or if they do not wish to work , the ORG will cover all their residential , health and other needs . A special procedures manual has been drafted for the treatment of victims of trafficking , and has been circulated to all ministries and government departments , as well as NGOs for consultation .", "DATE . There is no specific shelter for victims of trafficking at present , although victims may be accommodated by the authorities in CARDINAL rooms in state - owned retirement homes , which are available in each major town . A shelter in GPE is due to be opened soon , which will provide accommodation for CARDINAL women , as well as providing the services of a social worker , lawyer , and vocational advisor . ”", "As regards steps taken to improve information collection and research into trafficking , he noted :", "“ CARDINAL . An Office for the Prevention and Combating of Human Trafficking was set up by the police in DATE . The office ’s role is to collect and evaluate intelligence regarding trafficking in human beings , to co - ordinate operations of all police divisions and departments , to organise and participate in operations , and to follow - up on cases that are under investigation , pending trial or presented to the courts . The office also prepares reports on trafficking and investigates child pornography on the Internet . In addition , the office organises educational seminars carried out at ORG .", "According to statistical information provided by the police from DATE , there is a clear increase in the number of cases reported concerning offences of sexual exploitation , procuring , and living on the earnings of prostitution , etc . NGOs confirm that awareness about issues relating to trafficking has increased . ”", "Finally , in respect of preventative measures , the Commissioner highlighted recent positive developments :", "“ CARDINAL . Preventive and suppressive measures are also undertaken by the police , such as raids in cabarets , inspections , interviews with women , co - operation with mass media , and control of advertisements found in different newspapers . The police provide an anonymous toll - free hotline where anybody can call to seek help or give information . Cabarets which are under investigation are put on a black list and are unable to apply for new visas .", "Some efforts have been made by the NORP authorities to improve victim identification and referral , and in particular , QUANTITY police officers have been trained on this issue . However , according to NGOs a culture still prevails in which women are seen by the police to have ‘ consented’ to their predicament and victim identification remains inadequate . ”", "The report reached the following conclusions :", "“ CARDINAL . Trafficking in human beings is CARDINAL of the most pressing and complex Human Rights issues faced by ORG member states , including GPE . There is obviously a risk that the young women who enter GPE on artiste visas may be victims of trafficking in human beings or later become victims of abuse or coercion . These women are officially recruited as cabaret dancers but are nevertheless often expected also to work as prostitutes . They are usually from countries with inferior income levels to those in GPE and may find themselves in a vulnerable position to refuse demands from their employers or clients . The system itself , whereby the establishment owner applies for the permit on behalf of the woman , often renders the woman dependent on her employer or agent , and increases the risk of her falling into the hands of trafficking networks .", "The Commissioner urges the NORP authorities to be especially vigilant about monitoring the situation and ensuring that the system of artiste visas is not used for facilitating trafficking or forced prostitution . In this context , the Commissioner recalls the exemplary reaction of the GPE authorities to similar concerns expressed in his report on the country and their withdrawal of the cabaret artiste visa regime . Changes to the current practice might , at the very least , include women having to apply for the visa themselves , and the information leaflet being given to the women , if possible , before they enter the country .", "The Commissioner welcomes the new ORG for ORG as a first step in addressing this issue and encourages ORG to ensure its full implementation . The new law on trafficking , once enacted , will also play an important role . The variety of police activities in response to this phenomenon , such as the setting up of ORG , should also be welcomed .", "In order to respect the human rights of trafficked persons , the authorities need to be able to identify victims and refer them to specialised agencies which can offer shelter and protection , as well as support services . The Commissioner urges the NORP authorities to continue with the training of police officers in victim identification and referral , and encourages the authorities to include women police officers in this area . More effective partnerships with NGOs and other civil society actors should also be developed . The Commissioner expresses his hope that the shelter in GPE will be put into operation as soon as possible . ”", "NORP The Commissioner of Human Rights has recently published a further report following a visit to GPE in DATE . The report comments on the developments in respect of issues relating to trafficking of human beings , emphasising at the outset that trafficking of women for exploitation was a major problem in many NORP countries , including GPE . The report continued as follows :", "“ CARDINAL . Already in DATE , ORG ( ORG ) stated that GPE had been associated with trafficking both as a country of destination and transit , the majority of women being blackmailed and forced to provide sexual services . In DATE , the island still is a destination country for a large number of women trafficked from the GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE and GPE for the purpose of commercial sexual exploitation ... Women are reportedly denied part or all of their salaries , forced to surrender their passports , and pressed into providing sexual services for clients . Most of these women are unable to move freely , are forced to work far above TIME , and live in desperate conditions , isolated and under strict surveillance .", "Victims of trafficking are recruited to GPE mainly on DATE so - called ‘ artiste’ or ‘ entertainment’ visas to work in the cabaret industry including night clubs and bars or on tourist visas to work in massage parlours disguised as private apartments ... The permit is sought by the owner of the establishment , in most cases so - called ‘ cabarets’ , for the women in question .", "The study conducted by ORG ( ORG ) led to a report on trafficking in human beings published in DATE . It shows that CARDINAL foreign women enter the island DATE with short term ‘ artiste’ or ‘ entertainment’ work permits . Over the CARDINAL-year period DATE , there was a dramatic increase of PERCENT in the number of cabarets operating on the island ...", "During his visit the Commissioner learned that there are now CARDINAL cabaret establishments in GPE , each of them employing CARDINAL women ... ” ( footnotes omitted )", "NORP The Commissioner noted that the Government had passed comprehensive anti - trafficking legislation criminalising all forms of trafficking , prescribing up to CARDINAL years’ imprisonment for sexual exploitation and providing for protection and support measures for victims ( see paragraphs CARDINAL to CARDINAL below ) . He also visited the new government - run shelter in operation since DATE and was impressed by the facility and the commitment shown by staff . As regards allegations of corruption in the police force , and the report noted as follows :", "“ DATE . The Commissioner was assured that allegations of trafficking - related corruption within the police force were isolated cases . The authorities informed the Commissioner that so far , CARDINAL disciplinary cases involving human trafficking / prostitution have been investigated : CARDINAL resulted in an acquittal and CARDINAL are still under investigation . In addition , in DATE , a member of the police force was sentenced to DATE imprisonment and was subsequently dismissed from service following trafficking related charges . ”", "NORP The report drew the following conclusions in respect of the artiste permit regime in GPE :", "“ CARDINAL . The Commissioner reiterates that trafficking in women for the purposes of sexual exploitation is a pressing and complex human rights issues faced by a number of ORG member GPE , including GPE . A paradox certainly exists that while the NORP government has made legislative efforts to fight trafficking in human beings and expressed its willingness through their National Action Plan CARDINAL , it continues to issue work permits for so - called cabaret artistes and licences for the cabaret establishments . While on paper the permits are issued to those women who will engage in some type of artistic performance , the reality is that many , if not most , of these women are expected to work as prostitutes .", "The existence of the ‘ artiste’ work permit leads to a situation which makes it very difficult for law enforcement authorities to prove coercion and trafficking and effectively combat it . This type of permit could thus be perceived as contradicting the measures taken against trafficking or at least as rendering them ineffective .", "For these reasons , the Commissioner regrets that the ‘ artiste’ work permit is still in place DATE despite the fact that the government has previously expressed its commitment to abolish it . It seems that the special information leaflet given to women entering the country on such a permit is of little effect , even though the woman needs to have read and signed the leaflet in the presence of an official .", "The Commissioner calls upon the NORP authorities to abolish the current scheme of cabaret ‘ artistes’ work permits ... ”", "ORG . The Commissioner also reiterated the importance of a well - trained and motivated police force in the fight against trafficking in human beings and encouraged the authorities to ensure adequate and timely victim identification .", "In its DATE report on trafficking , ORG noted that :", "“ GPE is a destination country for a large number of women trafficked from the GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , and GPE for the purpose of commercial sexual exploitation ... Most victims of trafficking are fraudulently recruited to GPE on DATE ‘ artiste’ work permits to work in the cabaret industry or on tourist visas to work in massage parlors disguised as private apartments . ”", "NORP The report found that GPE had failed to provide evidence that it had increased its efforts to combat severe forms of trafficking in persons from DATE .", "NORP The report recommended that ORG :", "“ Follow through with plans to abolish , or greatly restrict use of the artiste work permit — a well - known conduit for trafficking ; establish standard operating procedures to protect and assist victims in its new trafficking shelter ; develop and launch a comprehensive demand reduction campaign specifically aimed at clients and the larger public to reduce wide - spread misconceptions about trafficking and the cabaret industry ; dedicate more resources to its anti - trafficking unit ; and improve the quality of trafficking prosecutions to secure convictions and appropriate punishments for traffickers . ”", "Under LAW the right to life and corporal integrity is protected by LAW .", "Article CARDINAL provides that no person shall be subjected to torture or to inhuman or degrading punishment or treatment .", "Article CARDINAL guarantees that :", "“ Every person has the right to a decent existence and to social security . A law shall provide for the protection of the workers , assistance to the poor and for a system of social insurance . ”", "Article CARDINAL provides , in so far as relevant , that :", "“ CARDINAL . No person shall be held in slavery or servitude .", "No person shall be required to perform forced or compulsory labour ... ”", "Article CARDINAL ) provides that every person has the right to liberty and security of person . Article CARDINAL ) prohibits deprivation of liberty except in cases permitted under LAW and as provided by law .", "In DATE , ORG defined “ artiste ” as :", "“ any alien who wishes to enter GPE in order to work in a cabaret , musical - dancing place or other TIME entertainment place and has attained DATE . ”", "Under LAW , PERSON . CARDINAL , ORG has jurisdiction to issue regulations concerning entry requirements for aliens , monitoring the immigration and movements of aliens , regulating warranties in respect of aliens holding permits and determining any relevant fees . Notwithstanding the existence of these powers , at the material time the entry procedures for those entering GPE to work as cabaret artistes were regulated by decisions or instructions of the Minister of Interior , immigration officers and the general directors of ORG .", "NORP In line with a procedure introduced in DATE , applications for entry , temporary residence and work permits had to be submitted by the prospective employer ( the cabaret manager ) and the artistic agent , accompanied by an employment contract recording the exact terms agreed between the parties and photocopies of relevant pages of the artiste ’s passport . Artistic agents were also required to deposit a bank letter guarantee in the sum of MONEY ( ORG ) ( approximately ORG CARDINAL ) to cover possible repatriation expenses . Cabaret managers were required to deposit a bank warranty in the sum of ORG CARDINAL ( approximately ORG CARDINAL,CARDINAL ) to cover a repatriation for which the manager was responsible .", "NORP If all the conditions were fulfilled , an entry and temporary resident permit valid for DATE was granted . Upon arrival , the artiste was required to undergo various medical tests for AIDS and other infectious or contagious diseases . Upon submission of satisfactory results , a temporary residence and work permit valid for DATE was granted . The permit could be renewed for DATE . The number of artistes who could be employed in a single cabaret was limited .", "In an effort to prevent artistes from being forced to leave the cabaret with clients , artistes were required to be present on the cabaret premises TIME , even if their own performance lasted for TIME . Absence due to illness had to be certified by a doctor ’s letter . Cabaret managers were required to advise ORG if an artiste failed to show up for work or otherwise breached her contract . Failure to do so would result in the artiste being expelled , with her repatriation expenses covered by the bank guarantee deposited by the cabaret manager . If an artistic agent had been convicted of offences linked to prostitution , he would not be granted entry permits for artistes .", "In DATE , following reports of prostitution of artistes , the Police Director proposed establishing an ad hoc committee responsible for assessing whether artistes seeking to enter GPE held the necessary qualifications for the grant of an artiste visa . However , the measure was never implemented . A committee with a more limited remit was set up but , over time , was gradually weakened .", "Under the procedure introduced in DATE , an application for an entry permit had to be accompanied by evidence of artistic competency . However , this measure was indefinitely suspended in DATE on the instructions of the then General Director of ORG .", "In DATE , following concerns about the fact that artistic agents also owned or managed cabarets or owned the accommodation in which their artistes resided , ORG notified all artistic agents that from DATE cabaret owners were not permitted to work also as artistic agents . They were requested to advise the authorities which of the CARDINAL professions they intended to exercise . Further , the level of the bank guarantees was increased , from ORG CARDINAL to ORG CARDINAL in respect of artistic agents and from ORG CARDINAL to CYP CARDINAL in respect of cabaret managers . However , these measures were never implemented following objections from artistic agents and cabaret managers . The only change which was made was an increase in the level of the bank guarantee by cabaret managers from ORG CARDINAL to ORG CARDINAL ( approximately EUR CARDINAL ) .", "The holding of inquests in GPE is governed by LAW , PERSON . CARDINAL . Under section CARDINAL , every district judge and magistrate may hold inquests within the local limits of his jurisdiction . Section CARDINAL(CARDINAL ) provides that any inquest commenced by a coroner may be continued , resumed , or reopened in the manner provided by the PERSON .", "Section CARDINAL sets out the procedure at the inquest and provides as follows ( all quotes to NORP legislation are translated ) :", "“ At every inquest–", "( a ) the coroner shall take on oath such evidence as is procurable as to the identity of the deceased , and the time , place and manner of his death ;", "( b ) every interested party may appear either by advocate or in person and examine , cross - examine or re - examine , as the case may be , any witness . ”", "Section CARDINAL governs the extent of the coroner ’s powers and provides that :", "“ ( CARDINAL ) A coroner holding an inquest shall have and may exercise all the powers of a district judge or magistrate with regard to summoning and compelling the attendance of witnesses and requiring them to give evidence , and with regard to the production of any document or thing at such inquest . ”", "Under LAW , where the coroner is of the opinion that sufficient grounds are disclosed for making a charge against any person in connection with the death , he may issue a summons or warrant to secure the attendance of such person before any court having jurisdiction .", "Section CARDINAL provides that following the hearing of evidence , the coroner shall give his verdict and certify it in writing , showing , so far as such particulars have been proved to him , who the deceased was , and how , when and where the deceased came by his death . Under section CARDINAL , if at the close of the inquest the coroner is of the opinion that there are grounds for suspecting that some person is guilty of an offence in respect of the matter inquired into , but can not ascertain who such person is , he shall certify his opinion to that effect and transmit a copy of the proceedings to the police officer in charge of the district in which the inquest is held .", "Section CARDINAL allows the President of ORG , upon the application of the Attorney - General , to order the holding , re - opening or quashing of an inquest or verdict . It provides that :", "“ ( CARDINAL ) Where the President , ORG , upon application made by or under the authority of the Attorney - General , is satisfied that it is necessary or desirable to do so , he may–", "( a ) order an inquest to be held touching the death of any person ;", "( b ) direct any inquest to be reopened for the taking of further evidence , or for the inclusion in the proceedings thereof and consideration with the evidence already taken , of any evidence taken in any judicial proceedings which may be relevant to any issue determinable at such inquest , and the recording of a fresh verdict upon the proceedings as a whole ;", "( c ) quash the verdict in any inquest substituting therefor some other verdict which appears to be lawful and in accordance with the evidence recorded or included as hereinbefore in this section provided ; or", "( d ) quash any inquest , with or without ordering a new inquest to be held . ”", "Legislation on human trafficking was introduced in GPE under LAW . CARDINAL(CARDINAL ) of DATE on the Combating of Trafficking in Persons and Sexual Exploitation of Children . Section CARDINAL(CARDINAL ) prohibits :", "“ a. The sexual exploitation of adult persons for profit if :", "i. it is done by the use of force , violence or threats ; or", "ii . there is fraud ; or", "iii . it is done through abuse of power or other kind of pressure to such an extent so that the particular person would have no substantial and reasonable choice but to succumb to pressure or ill - treatment ;", "b. the trafficking of adult persons for profit and for sexual exploitation purposes in the circumstances referred to in subsection ( a ) above ;", "c. the sexual exploitation or the ill - treatment of minors ;", "d. the trafficking of minors for the purpose of their sexual exploitation or ill - treatment . ”", "Section CARDINAL provides that the consent of the victim is not a defence to the offence of trafficking .", "Under section CARDINAL ) , persons found guilty of trafficking adults for the purposes of sexual exploitation may be imprisoned for DATE or fined ORG CARDINAL , or both . In the case of a child , the potential prison sentence is increased to DATE and the fine to ORG CARDINAL . Section CARDINAL(CARDINAL ) provides for a greater penalty in certain cases :", "“ For the purposes of this section , blood relationship or relationship by affinity up to the third degree with the victim and any other relation of the victim with the person , who by reason of his position exercises influence and authority over the victim and includes relations with guardian , educators , hostel administration , rehabilitation home , prisons or other similar institutions and other persons holding similar position or capacity that constitutes abuse of power or other kind of coercion :", "a. a person acting contrary to the provisions of section CARDINAL(a ) and ( b ) commits an offence and upon conviction is liable to imprisonment for DATE ;", "b. a person acting contrary to the provisions of section CARDINAL(c ) and ( d ) commits an offence and upon conviction is liable to imprisonment for DATE . ”", "Section CARDINAL imposes a duty on the ORG to protect victims of trafficking by providing them with support , including accommodation , medical care and psychiatric support .", "NORP Under sections CARDINAL , ORG may appoint a “ guardian of victims ” to advise , counsel , and guide victims of exploitation ; to hear and investigate complaints of exploitation ; to provide victims with treatment and safe residence ; to take the necessary steps to prosecute offenders ; to take measures aimed at rehabilitating , re - employing or repatriating victims ; and to identify any deficiencies in the law to combat trafficking . Although a custodian was appointed , at the time of ORG DATE Report ( see paragraphs CARDINAL above ) , the role remained theoretical and no programme to ensure protection of victims had been prepared .", "Articles CARDINAL and CARDINAL of LAW of GPE set out the territorial application of NORP criminal law . LAW NORP jurisdiction over crimes committed in the territory of GPE . Article CARDINAL(CARDINAL ) provides for limited jurisdiction in respect of non - NORP nationals who commit crimes outside NORP territory where the crimes run counter to the interests of GPE and in cases provided for by international agreement .", "Article CARDINAL of the NORP LAW provides that murder shall be punishable with a prison term .", "Article CARDINAL of the NORP LAW provides that deliberate abandonment and failure to provide assistance to a person in danger is punishable by a fine , community service , corrective labour or a prison term .", "Articles CARDINAL and CARDINAL make abduction and illegal deprivation of liberty punishable by prison terms .", "NORP In DATE , an amendment was made to LAW by the insertion of a new LAW in the following terms :", "“ CARDINAL . Human beings’ trafficking , that is , a human being ’s purchase and sale or his recruiting , transportation , transfer , harbouring or receiving for the purpose of his exploitation ... shall be punishable by deprivation of liberty for a term of DATE .", "The same deed committed :", "a ) in respect of CARDINAL or more persons ;", "...", "d ) moving the victim across LOC of GPE or illegally keeping him abroad ;", "...", "f ) with application of force or with the threat of applying it ;", "...", "shall be punishable by deprivation of liberty for a term from DATE .", "The deeds provided for by Parts CARDINAL of this Article :", "a ) which have entailed the victim ’s death by negligence , the infliction of major damage to the victim ’s health or other grave consequences ;", "b ) committed in a way posing danger to the life or health of many people ;", "c ) committed by an organized group–", "shall be punishable by deprivation of liberty for a term from DATE . ”", "The Slavery Convention , signed in GPE in DATE , entered into force on DATE . GPE acceded to LAW on DATE and GPE on DATE . In the recitals , the Contracting Parties stated as follows :", "“ Desiring to ... find a means of giving practical effect throughout the world to such intentions as were expressed in regard to slave trade and slavery by the signatories of LAW , and recognising that it is necessary to conclude to that end more detailed arrangements than are contained in that Convention ,", "Considering , moreover , that it is necessary to prevent forced labour from developing into conditions analogous to slavery ... ”", "DATE defines slavery as :", "“ the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised ” .", "Under LAW , the parties undertake to prevent and suppress the slave trade and to bring about , progressively and as soon as possible , the complete abolition of slavery in all its forms .", "DATE deals with forced or compulsory labour and provides , inter alia , that :", "“ The High Contracting Parties recognise that recourse to compulsory or forced labour may have grave consequences and undertake , each in respect of the territories placed under its sovereignty , jurisdiction , protection , suzerainty or tutelage , to take all necessary measures to prevent compulsory or forced labour from developing into conditions analogous to slavery . ”", "DATE requires States whose laws do not make adequate provision for the punishment of infractions of laws enacted with a view to giving effect to the purposes of LAW to adopt the necessary measures in order that severe penalties can be imposed in respect of such infractions .", "In the first case to deal with the definition of enslavement as a crime against humanity for sexual exploitation , Prosecutor v. PERSON , PERSON and PERSON , DATE , ORG for the Former GPE observed that :", "“ CARDINAL . ... the traditional concept of slavery , as defined in DATE Slavery Convention and often referred to as ‘ chattel slavery’ has evolved to encompass various contemporary forms of slavery which are also based on the exercise of any or all of the powers attaching to the right of ownership . In the case of these various contemporary forms of slavery , the victim is not subject to the exercise of the more extreme rights of ownership associated with ‘ chattel slavery’ , but in all cases , as a result of the exercise of any or all of the powers attaching to the right of ownership , there is some destruction of the juridical personality ; the destruction is greater in the case of ‘ chattel slavery’ but the difference is CARDINAL of degree ... ”", "It concluded that :", "“ CARDINAL . ... the question whether a particular phenomenon is a form of enslavement will depend on the operation of the factors or indicia of enslavement [ including ] the ‘ control of someone ’s movement , control of physical environment , psychological control , measures taken to prevent or deter escape , force , threat of force or coercion , duration , assertion of exclusivity , subjection to cruel treatment and abuse , control of sexuality and forced labour’ . Consequently , it is not possible exhaustively to enumerate all of the contemporary forms of slavery which are comprehended in the expansion of the original idea ... ”", "The Statute of ORG ( “ LAW ) , which entered into force on DATE , provides that “ enslavement ” under LAW of LAW :", "“ means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons , in particular women and children . ”", "GPE signed LAW on DATE and ratified it on DATE . GPE signed the Statute on DATE . It has not ratified the Statute .", "The first international instrument to address trafficking of persons , ORG for the Suppression of White Slave Traffic , was adopted in DATE . It was followed in DATE by LAW . Subsequently , in DATE , ORG adopted a Convention for the Suppression of Trafficking in Women and Children , affirmed in the later International Convention for the Suppression of Traffic in DATE . LAW and of the Exploitation of the Prostitution of Others brought the former instruments under the auspices of ORG .", "The Convention on the Elimination of All Forms of Discrimination against Women ( CEDAW ) was adopted in DATE by ORG . GPE ratified PERSON on DATE and GPE acceded to it on DATE .", "Article CARDINAL CEDAW provides that :", "“ GPE Parties shall take all appropriate measures , including legislation , to suppress all forms of traffic in women and exploitation of prostitution of women . ”", "The Protocol to Prevent , Suppress and Punish Trafficking in Persons , especially Women and Children ( “ the Palermo Protocol ” ) , supplementing ORG was signed by GPE on DATE and by GPE on DATE . It was ratified by them on CARDINAL DATE and CARDINAL DATE respectively . Its preamble notes :", "“ Declaring that effective action to prevent and combat trafficking in persons , especially women and children , requires a comprehensive international approach in the countries of origin , transit and destination that includes measures to prevent such trafficking , to punish the traffickers and to protect the victims of such trafficking , including by protecting their internationally recognized human rights . ”", "Article CARDINAL(a ) defines “ trafficking in persons ” as :", "“ the recruitment , transportation , transfer , harbouring or receipt of persons , by means of the threat or use of force or other forms of coercion , of abduction , of fraud , of deception , of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person , for the purpose of exploitation . Exploitation shall include , at a minimum , the exploitation of the prostitution of others or other forms of sexual exploitation , forced labour or services , slavery or practices similar to slavery , servitude or the removal of organs . ”", "Article CARDINAL(b ) provides that the consent of a victim of trafficking to the intended exploitation is irrelevant where any of the means set out in LAW ) have been used .", "DATE obliges States to :", "“ adopt such legislative and other measures as may be necessary to establish as criminal offences the conduct set forth in LAW , when committed intentionally . ”", "Assistance and protection for victims of trafficking is dealt with in DATE , which provides , in so far as relevant :", "“ CARDINAL . ORG shall ensure that its domestic legal or administrative system contains measures that provide to victims of trafficking in persons , in appropriate cases :", "( a ) Information on relevant court and administrative proceedings ;", "( b ) Assistance to enable their views and concerns to be presented and considered at appropriate stages of criminal proceedings against offenders , in a manner not prejudicial to the rights of the defence .", "ORG shall consider implementing measures to provide for the physical , psychological and social recovery of victims of trafficking in persons ...", "...", "ORG shall endeavour to provide for the physical safety of victims of trafficking in persons while they are within its territory .", "... ”", "DATE , on the prevention of trafficking in persons , provides that :", "“ CARDINAL . DATE States Parties shall establish comprehensive policies , programmes and other measures :", "( a ) To prevent and combat trafficking in persons ; and", "( b ) To protect victims of trafficking in persons , especially women and children , from revictimization .", "DATE States Parties shall endeavour to undertake measures such as research , information and mass media campaigns and social and economic initiatives to prevent and combat trafficking in persons .", "Policies , programmes and other measures established in accordance with this article shall , as appropriate , include cooperation with non - governmental organizations , other relevant organizations and other elements of civil society .", "DATE States Parties shall take or strengthen measures , including through bilateral or multilateral cooperation , to alleviate the factors that make persons , especially women and children , vulnerable to trafficking , such as poverty , underdevelopment and lack of equal opportunity .", "DATE States Parties shall adopt or strengthen legislative or other measures , such as educational , social or cultural measures , including through bilateral and multilateral cooperation , to discourage the demand that fosters all forms of exploitation of persons , especially women and children , that leads to trafficking . ”", "Article CARDINAL emphasises the need for effective exchange of information between relevant authorities and training of law enforcement and immigration officials . It provides , in so far as relevant :", "“ CARDINAL . Law enforcement , immigration or other relevant authorities of GPE Parties shall , as appropriate , cooperate with one another by exchanging information , in accordance with their domestic law , to enable them to determine :", "...", "( c ) The means and methods used by organized criminal groups for the purpose of trafficking in persons , including the recruitment and transportation of victims , routes and links between and among individuals and groups engaged in such trafficking , and possible measures for detecting them .", "DATE States Parties shall provide or strengthen training for law enforcement , immigration and other relevant officials in the prevention of trafficking in persons . The training should focus on methods used in preventing such trafficking , prosecuting the traffickers and protecting the rights of the victims , including protecting the victims from the traffickers . The training should also take into account the need to consider human rights and child- and gender - sensitive issues and it should encourage cooperation with non - governmental organizations , other relevant organizations and other elements of civil society .", "... ”", "ORG has adopted LAW on combating trafficking in human beings ( Framework Decision CARDINAL/JHA/CARDINAL of DATE ) . It provides for measures aimed at ensuring approximation of the criminal law of the Member States as regards the definition of offences , penalties , jurisdiction and prosecution , protection and assistance to victims .", "In DATE , the ORG adopted an action plan on best practices , standards and procedures for combating and preventing trafficking in human beings ( OJ C CARDINAL/CARDINAL of CARDINAL.CARDINAL.CARDINAL ) . The action plan proposes steps to be taken by Member GPE , by the ORG and by other ORG bodies involving coordination of ORG action , scoping the problem , preventing trafficking , reducing demand , investigating and prosecuting trafficking , protecting and supporting victims of trafficking , returns and reintegration and external relations .", "NORP In DATE , ORG has adopted CARDINAL legal texts addressing trafficking in human beings for sexual exploitation : Recommendation No . R ( DATE ) CARDINAL of ORG to member states on action against trafficking in human beings for the purpose of sexual exploitation ; ORG ( DATE ) CARDINAL of ORG to member states on the protection of children against sexual exploitation ; and ORG DATE ) CARDINAL of ORG to member states on the protection of women against violence . These texts propose , inter alia , a pan - NORP strategy encompassing definitions , general measures , a methodological and action framework , prevention , victim assistance and protection , criminal measures , judicial cooperation and arrangements for international cooperation and coordination .", "ORG of ORG has also adopted a number of texts in this area , including : Recommendation CARDINAL ( DATE ) on traffic in women and forced prostitution in ORG member GPE ; Recommendation DATE ) on violence against women in LOC ; Recommendation DATE ) on domestic slavery ; Recommendation DATE ) on the campaign against trafficking in minors to put a stop to the east NORP route : the example of GPE ; Recommendation CARDINAL ( DATE ) on the campaign against trafficking in women ; Recommendation CARDINAL ( DATE ) on migration connected with trafficking in women and prostitution ; and Recommendation DATE ( DATE ) on domestic slavery : servitude , au pairs and “ mail - order brides ” .", "ORG ( “ LAW ” ) was signed by GPE on DATE and ratified on DATE . It entered into force in respect of GPE on DATE . GPE has yet to sign the Convention . A total of CARDINAL member ORG have signed LAW and CARDINAL have also ratified it .", "The explanatory report accompanying LAW emphasises that trafficking in human beings is a major problem in LOC DATE which threatens the human rights and fundamental values of democratic societies . The report continues as follows :", "“ Trafficking in human beings , with the entrapment of its victims , is the modern form of the old worldwide slave trade . It treats human beings as a commodity to be bought and sold , and to be put to forced labour , usually in the sex industry but also , for example , in the agricultural sector , declared or undeclared sweatshops , for a pittance or nothing at all . Most identified victims of trafficking are women but men also are sometimes victims of trafficking in human beings . Furthermore , many of the victims are young , sometimes children . All are desperate to make a meagre living , only to have their lives ruined by exploitation and rapacity .", "To be effective , a strategy for combating trafficking in human beings must adopt a multi - disciplinary approach incorporating prevention , protection of human rights of victims and prosecution of traffickers , while at the same time seeking to harmonise relevant national laws and ensure that these laws are applied uniformly and effectively . ”", "In its preamble , LAW asserts , inter alia , that :", "“ Considering that trafficking in human beings constitutes a violation of human rights and an offence to the dignity and the integrity of the human being ;", "Considering that trafficking in human beings may result in slavery for victims ;", "Considering that respect for GPE rights , protection of victims and action to combat trafficking in human beings must be the paramount objectives ;", "... ”", "Article CARDINAL provides that the purposes of LAW are to prevent and combat trafficking in human beings , to protect the human rights of the victims of trafficking , to design a comprehensive framework for the protection and assistance of victims and witnesses and to ensure effective investigation and prosecution of trafficking .", "Article CARDINAL ) adopts the Palermo Protocol definition of trafficking and LAW replicates the provision in LAW on the irrelevance of the consent of a victim of trafficking to the exploitation ( see CARDINAL to CARDINAL above ) .", "DATE requires States to take measures to prevent trafficking and provides , inter alia , as follows :", "“ CARDINAL . Each ORG shall take measures to establish or strengthen national co - ordination between the various bodies responsible for preventing and combating trafficking in human beings .", "Each ORG shall establish and/or strengthen effective policies and programmes to prevent trafficking in human beings , by such means as : research , information , awareness raising and education campaigns , social and economic initiatives and training programmes , in particular for persons vulnerable to trafficking and for professionals concerned with trafficking in human beings .", "... ”", "DATE requires States to take measures to discourage the demand that fosters trafficking and provides , in so far as relevant , as follows :", "“ To discourage the demand that fosters all forms of exploitation of persons , especially women and children , that leads to trafficking , each ORG shall adopt or strengthen legislative , administrative , educational , social , cultural or other measures including :", "a. research on best practices , methods and strategies ;", "b. raising awareness of the responsibility and important role of media and civil society in identifying the demand as one of the root causes of trafficking in human beings ;", "c. target information campaigns involving , as appropriate , inter alia , public authorities and policy makers ;", "... ”", "Article CARDINAL sets out measures regarding training and cooperation and provides that :", "“ CARDINAL . Each ORG shall provide its competent authorities with persons who are trained and qualified in preventing and combating trafficking in human beings , in identifying and helping victims , including children , and shall ensure that the different authorities collaborate with each other as well as with relevant support organisations , so that victims can be identified in a procedure duly taking into account the special situation of women and child victims ...", "Each ORG shall adopt such legislative or other measures as may be necessary to identify victims as appropriate in collaboration with other Parties and relevant support organisations . Each ORG shall ensure that , if the competent authorities have reasonable grounds to believe that a person has been victim of trafficking in human beings , that person shall not be removed from its territory until the identification process as victim of an offence provided for in LAW has been completed by the competent authorities and shall likewise ensure that that person receives the assistance provided for in LAW , paragraphs CARDINAL and CARDINAL .", "... ”", "Article CARDINAL provides that :", "Each ORG shall adopt such legislative or other measures as may be necessary to assist victims in their physical , psychological and social recovery ....", "Each ORG shall take due account of the victim ’s safety and protection needs .", "... ”", "Articles DATE to GPE to criminalise specified types of conduct :", "“ CARDINAL . Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the conduct contained in DATE , when committed intentionally .", "Each Party shall consider adopting such legislative and other measures as may be necessary to establish as criminal offences under its internal law , the use of services which are the object of exploitation as referred to in LAW paragraph a of this LAW , with the knowledge that the person is a victim of trafficking in human beings .", "Each ORG shall adopt such legislative and other measures as may be necessary to establish as criminal offences the following conducts , when committed intentionally and for the purpose of enabling the trafficking in human beings :", "a. forging a travel or identity document ;", "b. procuring or providing such a document ;", "c. retaining , removing , concealing , damaging or destroying a travel or identity document of another person .", "CARDINAL(CARDINAL ) . Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences when committed intentionally , aiding or abetting the commission of any of the offences established in accordance with Articles CARDINAL and CARDINAL of the present Convention .", "( CARDINAL ) . Each ORG shall adopt such legislative and other measures as may be necessary to establish as criminal offences when committed intentionally , an attempt to commit the offences established in accordance with ORG CARDINAL and DATE , paragraph a , of this LAW . ”", "DATE requires States to adopt such legislative and other measures as may be necessary to ensure that the criminal offences established in accordance with Articles DATE are punishable by effective , proportionate and dissuasive sanctions . For criminal offences established in accordance with Article CARDINAL , such sanctions are to include penalties involving deprivation of liberty which can give rise to extradition .", "DATE that GPE must ensure that investigations into and prosecution of offences under LAW are not dependent on a report or accusation made by a victim , at least when the offence was committed in whole or in part on its territory . GPE must further ensure that victims of an offence in the territory of a ORG other than their ORG of residence may make a complaint before the competent authorities of their ORG of residence . The latter ORG must transmit the complaint without delay to the competent authority of the ORG in the territory in which the offence was committed , where the complaint must be dealt with in accordance with the internal law of the ORG in which the offence was committed .", "Article CARDINAL ) deals with jurisdiction , and requires GPE to adopt such legislative and other measures as may be necessary to establish jurisdiction over any offence established in accordance with LAW when the offence is committed :", "“ a. in its territory ; or", "...", "d. by one of its nationals or by a stateless person who has his or her habitual residence in its territory , if the offence is punishable under criminal law where it was committed or if the offence is committed outside the territorial jurisdiction of any ORG ;", "e. against one of its nationals . ”", "States may reserve the right not to apply , or to apply only in specific cases or conditions , the jurisdiction rules in LAW ) .", "DATE requires States to co - operate with each other , in accordance with the provisions of the LAW , and through application of relevant applicable international and regional instruments , to the widest extent possible , for the purpose of :", "“ – preventing and combating trafficking in human beings ;", "– protecting and providing assistance to victims ;", "– investigations or proceedings concerning criminal offences established in accordance with this LAW . ”", "The Mutual Assistance Convention was signed by GPE on DATE . It was ratified on DATE and entered into force on DATE . GPE signed LAW and ratified it on DATE . It entered into force in respect of GPE on DATE .", "Article CARDINAL establishes an obligation on contracting parties to :", "“ afford each other , in accordance with the provisions of this Convention , the widest measure of mutual assistance in proceedings in respect of offences the punishment of which , at the time of the request for assistance , falls within the jurisdiction of the judicial authorities of the requesting ORG ” .", "Article CARDINAL provides that :", "“ CARDINAL . The requested ORG shall execute in the manner provided for by its law any letters rogatory relating to a criminal matter and addressed to it by the judicial authorities of the requesting ORG for the purpose of procuring evidence or transmitting articles to be produced in evidence , records or documents .", "NORP If the requesting Party desires witnesses or experts to give evidence on oath , it shall expressly so request , and the requested Party shall comply with the request if the law of its country does not prohibit it . ”", "DATE allows GPE to enter into bilateral agreements on mutual legal assistance to supplement the provisions of ORG .", "Article CARDINAL of LAW ( ratified by GPE following the dissolution of the GPE ) establishes a general obligation for both parties to provide each other with legal assistance in civil and criminal matters in accordance with the provisions of LAW .", "Article CARDINAL sets out the extent of the legal assistance required under LAW and provides as follows :", "“ Legal assistance in civil and criminal matters shall include service and sending of documents , supply of information on the law in force and the judicial practice and performance of specific procedural acts provided by the law of the requested ORG and in particular the taking of evidence from litigants , accused persons , defendants , witnesses and experts as well as recognition and enforcement of judgments in civil matters , institution of criminal prosecutions and extradition of offenders . ”", "NORP The procedure for making a request is detailed in Article CARDINAL ) , which provides , in so far as relevant , that :", "“ A request for legal assistance shall be in writing and shall contain the following:-", "( CARDINAL ) The designation of the requesting authority .", "( CARDINAL ) The designation of the requested authority .", "( CARDINAL ) The specification of the case in relation to which legal assistance is requested and the content of the request .", "( CARDINAL ) Names and surnames of the persons to whom the request relates , their citizenship , occupation and permanent or temporary residence .", "...", "( CARDINAL ) NORP If necessary , the facts to be elucidated as well as the list of the required documents and any other evidence .", "( CARDINAL ) In criminal matters , in addition to the above , particulars of the offence and its legal definition .", "Article CARDINAL sets out the procedure for executing a request :", "“ CARDINAL . The requested authority shall provide legal assistance in the manner provided by the procedural laws and rules of its own ORG . However , it may execute the request in a manner specified therein if not in conflict with the law of its own ORG .", "NORP If the requested authority is not competent to execute the request for legal assistance it shall forward the request to the competent authority and shall advise the requesting authority accordingly .", "The requested authority shall , upon request , in due time notify the requesting authority of the place and time of the execution of the request .", "The requested authority shall notify the requesting authority in writing of the execution of the request . If the request can not be executed the requested authority shall forthwith notify in writing the requesting authority giving the reasons for failure to execute it and shall return the documents . ”", "Under LAW are obliged to ensure that citizens of CARDINAL State are exempted in the territory of the other ORG from payment of fees and costs and are afforded facilities and free legal assistance under the same conditions and to the same extent as citizens of the other ORG . LAW provides that a person requesting free legal assistance may submit a relevant application to the competent authority of the ORG in the territory of which he has his permanent or temporary residence . This authority will then transmit the application to the other ORG .", "Chapter VI of the LAW contains special provisions on criminal matters concerning , in particular , the institution of criminal proceedings . LAW ) provides that :", "“ Each Contracting Party shall institute , at the request of the other ORG , in accordance with and subject to the provisions of its own law , criminal proceedings against its own citizens who are alleged to have committed an offence in the territory of the other ORG .", "Article CARDINAL sets out the procedure for the making of a request to institute criminal proceedings :", "“ CARDINAL . A request for institution of criminal proceedings shall be made in writing and contain the following:-", "( CARDINAL ) The designation of the requesting authority .", "( CARDINAL ) The description of the acts constituting the offence in connection with which the institution of criminal proceedings is requested .", "( CARDINAL ) The time and place of the committed act as precisely as possible .", "( CARDINAL ) The text of the law of the requesting ORG under which the act is defined as an offence .", "( CARDINAL ) The name and surname of the suspected person , particulars regarding his citizenship , permanent or temporary residence and other information concerning him as well as , if possible , the description of the person ’s appearance , his photograph and fingerprints .", "( CARDINAL ) ORG , if any , by the victim of the criminal offence including any claim for damages .", "( CARDINAL ) Available information on the extent of the material damage resulting from the offence . ”", "NORP By letter of DATE the Attorney - General of GPE advised the ORG as follows :", "“ Please note that the ORG wishes to make a unilateral declaration with a view to resolving the issues raised by the application . By LAW requests the ORG to strike out the application in accordance with LAW . ”", "The relevant parts of the appended a unilateral declaration read as follows :", "“ ... ( a ) The Government regrets the decision taken by the police officers on DATE not to release the applicant ’s daughter but to hand her over to [ M.A. ] , from whom she sought to escape . The Government acknowledges that the above decision violated its positive obligation towards the applicant and his daughter arising from LAW to take preventive measures to protect the applicant ’s daughter from the criminal acts of another individual .", "( b ) The Government acknowledges that the police investigation in the present case was ineffective as to whether the applicant ’s daughter was subjected to inhuman or degrading treatment prior to her death . As such the ORG acknowledges that it violated the procedural obligation of LAW in respect of the failure to carry out an adequate and effective investigation as to whether the applicant ’s daughter was subjected to inhuman or degrading treatment prior to her death .", "( c ) The Government acknowledges that it violated its positive obligations towards the applicant and his daughter arising out of LAW in that it did not take any measures to ascertain whether the applicant ’s daughter had been a victim of trafficking in human beings and/or been subjected to sexual or any other kind of exploitation .", "( d ) The Government acknowledges that the treatment of applicant ’s daughter at the police station on DATE in deciding not to release her but to hand her over to [ ORG ] although there was not any basis for her deprivation of liberty , was not consistent with LAW .", "( e ) The Government acknowledges that it violated the applicant ’s right to an effective access to court in failing to establish any real and effective communication between its organs ( i.e. ORG and the police ) and the applicant , regarding the inquest proceedings and any other possible legal remedies that the applicant could resort to .", "NORP In regard to the above issues , the Government recalls that ORG has followed the advice of the Attorney General – Government Agent , and has thus appointed on CARDINAL DATE CARDINAL independent criminal investigators whose mandate is to investigate :", "( a ) The circumstances of death of applicant ’s daughter and into any criminal responsibility by any person , authority of the Republic , or member of the police concerning her death ,", "( b ) the circumstances concerning her employment and stay in GPE in conjunction with the possibility of her subjection to inhuman or degrading treatment or punishment and/or trafficking and/or sexual or other exploitation , ( by members of the police , authorities of the CARDINAL persons ) contrary to relevant laws of the LOC applicable at the material time , and", "( c ) into the commission of any other unlawful act against her , ( by members of the police , authorities of the Republic or third persons ) contrary to relevant laws of the Republic applicable at the material time .", "The ORG recalls that the investigators are independent from the police ( the first investigator is the President of ORG for ORG , the second is a Member of the said ORG , and the third is a practicing advocate with experience in criminal law ) . The ORG recalls that the investigators have already commenced their investigation .", "In these circumstances and having regard to the particular facts of the case the ORG is prepared to pay the applicant a global amount of CARDINAL ( QUANTITY CARDINAL ) EUR ( covering pecuniary and non pecuniary damage and costs and expenses ) . In its view , this amount would constitute adequate redress and sufficient compensation for the impugned violations , and thus an acceptable sum as to quantum in the present case . If , the ORG however considers that the above amount does not constitute adequate redress and sufficient compensation , the ORG is ready to pay the applicant by way of just satisfaction such other amount of compensation as is suggested by the ORG ... ”" ]

[ "2", "4", "5" ]

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[ "2", "4" ]

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[ "The applicant , Mr PERSON , is a NORP national who was born in DATE and lives in GPE . He was represented before ORG , solicitors in GPE . ORG ( “ the Government ” ) were represented by their Agent , PERSON of ORG .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "The applicant ’s wife died on DATE . In DATE , the applicant made a claim for widows’ benefits . On DATE the applicant was informed that his claim had been disallowed as he was not a woman . The applicant did not appeal further as he considered or was advised that such a remedy would be bound to fail since no such social security benefit was payable to widowers under GPE law .", "The applicant was not in receipt of child benefit at the time of his claim .", "The domestic law relevant to this application is set out in Runkee and White v. GPE , no . CARDINAL , § § CARDINAL , DATE ." ]

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[ "The first and second applicants are NORP citizens , born in DATE and DATE respectively , and live in GPE , GPE . The third applicant is a NORP citizen born in DATE and lives at the same address as the first and second applicant . The first applicant was the stepfather of PERSON , the second applicant was her mother and the third applicant her daughter .", "The applicants are represented before the ORG by Cairns Brown , solicitors practising in GPE , GPE .", "A.", "The facts of the case , as submitted by the parties , may be summarised as follows .", "PERSON was born on DATE . She died , aged DATE , on DATE from asphyxia caused by self - suspension whilst on remand at FAC PERSON ( “ FAC ” ) awaiting sentence for an offence of theft .", "PERSON was a heroin addict by the time she gave birth to her daughter , the third applicant , on DATE . As she was unable to care for the child , the third applicant lived with her grandparents . Until DATE , she lived with the first and second applicant , after which she moved out to live with friends . She was given the tenancy of a local authority house next door to the first and second applicants . She kept in close touch with them and the third applicant .", "PERSON had a number of convictions for shoplifting and breach of the peace , and had passed several spells in drug rehabilitation clinics . She had been held on remand in GPE on CARDINAL occasions prior to her final remand on DATE to CARDINAL DATE , DATE to DATE , and DATE to DATE . In DATE , the deceased went to a drug rehabilitation centre but she left after DATE before completing the programme . In DATE , she was readmitted to the centre and stayed until DATE when she again left early .", "On DATE , PERSON was arrested on charges of theft and vandalism . On appearance at GPE ORG on DATE , she pleaded guilty and was remanded in custody for ORG . She was due back in court on DATE for sentencing . She was remanded in GPE in the block used for remand prisoners .", "On arrival in GPE , PERSON was seen by a nurse . She was seen by a doctor on DATE after admission and assessed again . According to ORG , each prisoner on admission is assessed as to the likelihood of being suicidal . PERSON claimed , as on previous admissions , that she had taken heroin and was vulnerable to withdrawal symptoms . She was prescribed the relevant medicine . She was not found to present any risks of suicide .", "On DATE , PERSON was woken up in the normal way by a prison officer at TIME She was allowed out of her cell for breakfast and to go to the toilet and wash . Afterwards , she was asked to clean a corridor . The prison officer asked her to do it again properly . She complied . She was then locked in her cell again . The mail for the unit was distributed . There was none for PERSON . She did not go that morning to the medical officer to receive her medication , diazepam , a drug substitute .", "From TIME , prisoners who wished were taken under supervision to the canteen to make purchases . PERSON had no money and remained in her cell as was the routine . Generally , when prisoners were brought back from the canteen , they were placed under supervision in the sitting room where they were joined by prisoners brought from their cells for the period immediately preceding lunch .", "At TIME the deceased started kicking her cell door . Prison Officer PERSON asked what was wrong and she said she wanted to know why she could not get out of her cell . Prison Officer PERSON explained she would get out when there was enough staff back from canteen escort duty . As he walked away , she kicked the door a couple of times . He returned and told her she would be kept in the cell for a bit longer for kicking the door again . PERSON replied , “ That ’s fine ” .", "At TIME Prison Officer PERSON met the Residential Officer for PERSON unit and told him about her behaviour . He was concerned as this was not like her usual behaviour but did not consider it a serious situation . He did not think that it amounted to a disciplinary offence and did not tell her that she was being punished . The Residential Officer went up to PERSON cell and found her lying on her bunk . He told her that she would remain in her cell until she calmed down , probably until the TIME meal was ready . He told her that she would not be put on report . PERSON shrugged her shoulders , seemed angry and tense but did not say anything in reply . ORG returned to his office and was then called to another unit soon after TIME . He did not mention PERSON to his supervisor or anyone else . He overlooked her .", "Later , after TIME , Prison Officer PERSON was serving dinners to the inmates and noticed towards the end of lunch that he had not seen PERSON come for lunch . He went to her cell at TIME , unlocked the door and found her hanging from the window . The subsequent attempts at resuscitation failed and PERSON was declared dead at TIME", "PERSON had not previously been involved in disciplinary incidents in the prison .", "In a period of DATE , there had been CARDINAL suicides in GPE and therefore , in DATE , the Procurator Fiscal set up a ORG which was delayed due to a further suicide at the prison . The inquiry lasted DATE and the determination by the Sheriff was dated DATE .", "The ORG found the cause of death of PERSON to be asphyxia due to hanging , and the verdict was suicide . The Sheriff did not make any determination about the reasonable precautions whereby her death might have been avoided , nor about any defects in the prison system which contributed to her death . The Sheriff did however make various general determinations in respect of the systems in place at the prison , including proposals for improving procedures to prevent suicide which were relevant to the other cases under consideration .", "In his determination the ORG stated :", "“ The weight of the evidence was clearly that < PERSON > was forward looking , expressed a desire to obtain a house for herself and her child and gave no indication that she had any desire or impulse to kill herself . ...", "... It was ... accepted by < counsel for the applicants > that certainly up until DATE of her life < PERSON > did not present as a likely person to commit suicide ...", "Looking at the evidence as to what < the deceased > did it is clear that it did not amount to a breach of discipline meriting a report to the Governor . If that is correct then < counsel for the applicants > would argue that the Officers were at fault in keeping < the deceased > in her cell at a time when other prisoners were in free association . The CARDINAL officers did not consider they were operating in terms of the Rules ... .What they did say they were doing was giving her a “ cooling - off period ” . ...", "It was a practice whereby somebody who created a scene or a fuss which of itself did not merit a Governor ’s report was left in her cell or put in her cell for a short period to calm down . It was not part of any official code of practice ... It was known to the Governor and Assistant Governor . They accepted it as a necessary part of the discretion in each Officer in carrying out his or her duties of control .", "On CARDINAL view < the deceased > was not locked up for operational reasons , for example in the course of a security alert . On the other hand if cooling - off was used as a tool by Officers to quell situations and calm people down then in my view it was a valid exercise of the Governor ’s powers exercised through ORG . The evidence from the Officers was not clear . They changed from a cooling - off period through an alternative to a ORG to a punishment . I fully accept that Officers might in the course of their duties have to put prisoners in cells for disciplinary reasons to keep order and so on . It may be a fine distinction but it is one which in my view has to be made . I am of the view that Prison Officers do not have the power to mete out punishment . They do not in my mind have the right to impose periods behind doors as a punishment for some minor infraction of the Rules . It is CARDINAL thing to say to a prisoner : “ Now I ’m going to keep you in your cell for a bit to let you calm down . ” It is quite another matter to say : “ Because you are creating a fuss ... I will punish you by keeping you in your cell for TIME . ” It seems to me that FAC does not have the power to behave as in the second example . ...", "... Some time was spent on considering the consequences of < the deceased > missing her medication in the morning . The weight of the evidence was that it would have made little or no difference to her physical condition or her state of mind . ...", "I can not set out any reasonable precautions which might have prevented the death of < the deceased > ... I can not set out any defects in the system which contributed to her death . I do not know why < the deceased > killed herself . ...", "I make a composite determination in terms of LAW ( CARDINAL)(e ) of ORG as follows : - ...", "In relation to < PERSON > , < the Residential Officer > had no power to inflict punishment upon her ; therefore insofar as he imposed a further period behind the door as a punishment he was acting incorrectly . ”", "On DATE , the applicants commenced an action in ORG , claiming on behalf of the third applicant damages for loss of society of her mother and loss of support due to the negligence and breach of statutory duties by ORG employees . It is claimed , inter alia , that the officers had no right to keep PERSON locked in as a punishment and that if she had been reported to the Governor under rule CARDINAL , instead of being left in her cell until lunchtime , she would not have taken her own life .", "The applicants requested an adjournment , agreed by the court , in order to apply for legal aid . An opinion as to causation was obtained from ORG . Legal aid was refused . An application for review of that refusal was rejected . The applicants state that without funding the action will proceed no further .", "B. Relevant domestic law and practice", "Prison disciplinary provisions", "The principal statute regulating the management of prisons is the Prisons ( GPE ) Act DATE . This provides that the Secretary of ORG is responsible for prisons and is empowered to appoint governors and officers to run them . He is empowered to make rules for the regulation of prisons and the control of persons detained in them .", "The relevant rules in this case are ORG ( GPE ) Rules DATE ( “ the Rules ” ) .", "The management of a prison and supervision of prisoners is vested in the Governor ( Rule CARDINAL(CARDINAL ) ) . Officers act under the authority of the governor in carrying out the DATE tasks of running the prison ( Rule CARDINAL ) .", "Part CARDINAL of the Rules deals with security and control . In particular , by Rule CARDINAL , the Governor may order in writing that a prisoner be removed from association with other prisoners where it seems desirable for the purpose of maintaining good order and discipline , protecting the interests of any prisoner or ensuring the safety of other persons . An order may be general or related to a specific activity . If general , it shall not be effective for TIME without the written authority of the Secretary of ORG . An authority granted by the Secretary of ORG may not exceed DATE but may be renewed . Where the order relates to a specific activity , it may not exceed TIME but the Governor may make a further order , subject to DATE review .", "By Rule DATE , the Governor may order that a prisoner be restrained by means of a body belt if it seems necessary to restrain a prisoner who threatens to injure , or is injuring himself or others ; who threatens to damage , or is damaging property or who threatens to create or is creating a disturbance . The medical officer must be advised of the use of a body belt . If he does not concur , the belt must be removed .", "By Rule CARDINAL , the Governor may order the temporary confinement in a special cell of any prisoner who is refractory or acting in a violent manner . Such confinement must last no longer than necessary and in any event not more than TIME . Notice of it must be given to a medical officer and the prisoner must be visited once TIME . A special cell is other than one normally occupied by the prisoner , and having special facilities for observation .", "Part CARDINAL of the Rules deals with breaches of discipline . Rule CARDINAL , interpreted in accordance with Schedule CARDINAL , indicates a range of behaviours , including conduct disrespectful to an officer , use of threatening , abusive or insulting words or behaviour , refusal to obey a lawful order or failure to comply with any rule or regulation . Rule CARDINAL provides that the officer to whose notice it has come shall report every suspected breach of discipline to the Governor , who may then order that the prisoner be removed from association , such removal save in exceptional circumstances , to last no longer than TIME . Rule CARDINAL provides that a charge of breach of discipline shall be brought as soon as possible and in any event within TIME . The prisoner must have written notice of the charge TIME prior to the inquiry . Rule CARDINAL further provides for the Governor to hear an inquiry into a charge . The prisoner must have full details of the charge , receive a full opportunity to present his own case , call witnesses on his own behalf and cross - examine witnesses . In exceptional cases the Governor may allow the prisoner legal representation . Rule CARDINAL provides for punishment , including a caution , a forfeiture of privileges and postponement of the release date . Rule CARDINAL , in Part CARDINAL , provides for appeals to the Secretary of ORG , on findings of guilt and sentence .", "Complaint procedures available to prisoners", "Part CARDINAL of the Rules deals with requests and complaints .", "By Rule CARDINAL , a prisoner may ask to speak to an officer of the Secretary of ORG , a member of ORG or a sheriff or justice of the peace who is visiting the prison . Rule CARDINAL provides that a prisoner wishing to complain to ORG shall be given paper and his letter posted without delay .", "Rules CARDINAL to CARDINAL provide a system whereby a prisoner may complain firstly to a residential officer , then to the residential unit manager and then to an internal complaints committee , from there to the Governor and finally to the Secretary of ORG .", "A NORP Prison Complaints Commissioner operates outside the statutory framework to hear complaints by prisoners .", "Prisoners alleging a breach of the rules may challenge decisions of the Governor or officers acting on his behalf by way of judicial review proceedings in ORG .", "Domestic case - law on confinement within prison", "In the case of GPE v. Deputy Governor of FAC and others , and GPE v. ORG ( DATE ORG CARDINAL ) ORG held concerning the complaints of prisoners that their liberty had been unlawfully restricted by measures taken within the prison :", "“ He is lawfully committed to prison and while there is subject to the Prison Act DATE and the Prison Rules DATE . His whole life is regulated by the regime . He has no freedom to do what he wants , when he wants . His liberty to do anything is governed by the prison regime . Placing GPE in a strip cell and segregating GPE altered the conditions under which they were detained but did not deprive them of any liberty which they had not already lost when initially confined . ”" ]

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[ "The applicant was born in DATE and lives in GPE , GPE .", "On DATE ORG ( Sąd Rejonowy ) declared the applicant the sole heir of his mother ’s estate . Consequently , he became a co - owner of an apartment building situated in GPE . The building was owned in equal parts by the applicant and his brother , Mr M. P. , who had inherited his share of the property from their father in DATE . It consisted of CARDINAL separate apartments , a staircase and several rooms situated in the basement and in the attic .", "On DATE Mr GPE instituted non - contentious proceedings ( postępowanie nieprocesowe ) before ORG in which he sought a ruling on how the property should be used by the co - owners .", "The Government averred that the proceedings were stayed DATE and DATE because the parties had failed to make a downpayment to cover expert fees . The applicant claimed that he had made the required payment on time .", "The Government submitted that DATE the trial court had held QUANTITY hearings and that the applicant had failed to attend QUANTITY of them . The applicant contested that submission .", "Before CARDINAL DATE the presiding judge on CARDINAL occasions inspected the property .", "DATE and DATE the trial court held CARDINAL hearings . The Government submitted that the applicant had failed to attend CARDINAL of them and that CARDINAL of these absences had not been justified . The applicant claimed that he had attended all CARDINAL hearings .", "During the hearing held on DATE the trial court dismissed CARDINAL requests concerning evidence submitted by the applicant . It also suggested a friendly settlement to the parties , but to no avail .", "On DATE ORG decided that the applicant should have exclusive access to a room situated in the attic and that he should share a garden with his brother . Both parties appealed to ORG ( Sąd Wojewódzki ) against that decision .", "On DATE ORG held the first hearing , which was adjourned because of the applicant ’s absence . The applicant submitted that he had not attended the hearing because he had not been served with the summons .", "On DATE ORG quashed the judgment of ORG except for a part concerning the division of the garden and remitted the case to the first - instance court . ORG considered that the decision to award the applicant exclusive access to a room situated in the attic could lead to further conflicts between the parties . It also pointed out that on several occasions the applicant had changed his claims and that ORG had failed to take into account certain proposals submitted by the plaintiff in the first - instance proceedings .", "On DATE Mr PERSON died and was replaced as a party to the proceedings by his widow , PERSON and his son , PERSON During the hearing held on DATE ORG stayed the proceedings to allow them to obtain a declaration of heirs . The proceedings were resumed on CARDINAL DATE .", "The next hearing was held on DATE . On DATE the judge visited the property .", "The Government submitted that during the hearing held on DATE the applicant had asked the court to take evidence from CARDINAL expert witnesses . The applicant disputed that submission .", "DATE and DATE ORG held CARDINAL hearings . The Government submitted that the applicant had failed to attend the first of these hearings . The applicant disagreed with that submission .", "During the hearing held on DATE the court allowed the applicant ’s request and appointed an expert witness . On DATE the witness submitted his report . The Government submitted that a delay in taking evidence from the expert witness resulted from the trial court ’s “ unsuccessful attempts to find an expert who was able to prepare the opinion ” .", "On DATE and CARDINAL DATE ORG held hearings .", "On DATE the presiding judge and the parties visited the property . The applicant refused to sign the record of the survey because he considered that it was not objective .", "The next hearing was held on DATE . The applicant was absent for health reasons .", "On DATE the applicant challenged the presiding judge . On DATE the challenge was dismissed by ORG but the applicant appealed to ORG .", "On DATE ORG held a hearing . The Government submitted that it had been adjourned since the applicant had failed to attend it and his challenge to the judge had not been decided . The applicant claimed that he had not received the summons for that hearing .", "On DATE ORG dismissed as manifestly ill - founded the applicant ’s appeal against ORG decision of CARDINAL DATE .", "On DATE the applicant filed with ORG a written statement in which he complained about a delay in the proceedings and submitted several requests concerning evidence .", "On DATE and CARDINAL DATE ORG held hearings .", "On DATE the President of ORG responded to the applicant ’s complaint of DATE about the excessive length of the proceedings in his case . He pointed out that the case involved both legal and factual complexity and that both parties had changed their claims on many occasions . Furthermore , he noted that QUANTITY hearings had taken place since DATE . The inspection of the property on CARDINAL DATE had been necessary since a new judge had taken over the case and in order to establish the actual condition of the house . The President concluded that in those circumstances the court could not be blamed for the lack of activity in the case .", "On DATE ORG decided that rooms situated in the attic should be used exclusively by the plaintiffs , whereas a room in the basement should be shared with the applicant . Both parties appealed to ORG .", "On DATE ORG dismissed the applicant ’s appeal against ORG decision rejecting as lodged out of time his request to supplement the judgment ( wniosek o uzupełnienie wyroku ) .", "On DATE ORG dismissed the applicant ’s appeal . The court pointed out that the applicant contributed to a delay in the proceedings by submitting and changing numerous requests and appeals and refusing to settle the case .", "On DATE the applicant filed a cassation appeal but it was rejected by ORG on DATE .", "On DATE the applicant lodged with ORG an appeal against ORG decision rejecting his cassation appeal . On DATE ORG dismissed his appeal ." ]

[ "6" ]

[ "6-1" ]

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[ "The applicant was born in DATE and lives in PERSON ( GPE ) .", "The applicant is the owner of a flat in GPE , which he had let to V.D.F.", "In a registered letter of CARDINAL DATE , the applicant informed the tenant that he intended to terminate the lease on expiry of the term on DATE and asked him to vacate the LOC by DATE .", "In a writ served on the tenant on DATE , the applicant reiterated his intention to terminate the lease and summoned the tenant to appear before the Turin Magistrate .", "By a decision of CARDINAL DATE , which was made enforceable on DATE , FAC upheld the validity of the notice to quit and ordered that the premises be vacated by DATE .", "On DATE , the applicant served notice on the tenant requiring him to vacate the premises .", "On DATE , he served notice on the tenant informing him that the order for possession would be enforced by a bailiff on DATE .", "DATE and DATE , the bailiff made CARDINAL attempts to recover possession . Each attempt proved unsuccessful , as the applicant was not entitled to police assistance in enforcing the order for possession .", "Pursuant to section CARDINAL of Law no . CARDINAL , the enforcement proceedings were suspended until DATE .", "On DATE , the applicant recovered possession of the flat .", "Since DATE the public authorities in GPE have frequently intervened in residential tenancy legislation with the aim of controlling rents . This has been achieved by rent freezes ( occasionally relaxed when the Government decreed statutory increases ) , by the statutory extension of all current leases and by the postponement , suspension or staggering of the enforcement of orders for possession . The relevant domestic law concerning the extension of tenancies , the suspension of enforcement and the staggering of evictions is described in the ORG ’s judgment in the case of ORG GPE [ ORG ] , no . CARDINAL , § § DATE , ORG CARDINAL-V.", "A. The system of control of the rents", "As regards the control of the rents , the evolution of the NORP legislation may be summarised as follows .", "The first relevant measure was the PERSON no . CARDINAL of DATE which provided machinery for “ fair rents ” ( the so - called equo canone ) on the basis of a number of criteria such as the surface of the flat and its costs of realisation .", "The second step of the NORP authorities dated DATE . It was taken in the view of progressive liberalisation of the market of tenancies . Accordingly , a legislation relaxing on rent levels restrictions ( the so - called patti in deroga ) entered into force . Owners and tenants were in principle given the opportunity to derogate from the rent imposed by law and to agree on a different price .", "Lastly , PERSON no . CARDINAL of CARDINAL DATE reformed the tenancies and liberalised the rents .", "", "Obligations of the tenant in the case of late restitution", "The tenant is under a general obligation to refund the owner any damages caused in the case of late restitution of the flat . In this regard , Article CARDINAL of the NORP Civil Code provides :", "“ The tenant who fails to vacate the immovable property is under an obligation to pay the owner the agreed amount until DATE when he leaves , together with other remaining damages ” .", "NORP However , PERSON no . CARDINAL of DATE set out , inter alia , a limit to the compensation claimable by the owner entitling him to a sum equal to the rent paid by the tenant at the time of the expiration of the lease , proportionally increased according to the cost of living ( LAW of DATE ) plus PERCENT , along the period of inability to dispose of the possession of the flat .", "In the judgment no . CARDINAL of DATE , ORG was called upon to decide whether such a limitation complied with LAW . ORG held that it was compatible with the LAW with regard to periods of time during which the suspension of the evictions was determined by law . ORG explained that the introduction of that limitation was intended to settle the tenancies of the time of the emergency legislation , when the housing shortage made the suspension of the enforcement necessary . While evictions were suspended ex lege , the law predetermined the quantum of the reimbursement chargeable to the tenant , both measures being temporary and exceptional . Besides , the interests of the owner were counterbalanced by the exemption for him from the burden to prove the damages .", "The Constitutional Court declared the limitation to the compensation claimable by the owner unconstitutional with regard to cases where the impossibility for the owner to repossess the flat depended on the conduct of the tenant and was not due to a legislative intervention . Accordingly , it opened the way to owners for the institution of civil proceedings in order to obtain full reparation of the damages caused by the tenant .", "" ]

[ "6" ]

[ "6-1" ]

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[ "Mr PERSON is a NORP national who lives in GPE . In DATE he joined the ORG company as an engineer . Following its nationalisation in DATE , ORG was absorbed into ORG , PERSON ( \" Petrogal \" ) , a ORG - owned concern . On DATE PERSON became a public limited company , in which the ORG is still the majority shareholder . In the meantime , on DATE , the applicant had retired .", "ORG On DATE Mr PERSON brought proceedings against GPE in the GPE industrial tribunal ; the company was represented by a lawyer appointed by the chairman of its board of directors . Mr PERSON sought recognition of the occupational grade of \" director - general \" instead of that of \" director \" which had been assigned to him by his employer . As that classification had an effect on the amount of his retirement pension , he also sought payment of the sums that , under the collective labour agreement ( acordo colectivo de trabalho ) , should have been paid him since DATE .", "ORG The GPE industrial tribunal dismissed his claims in a judgment of DATE . That decision was upheld by ORG in a judgment of DATE .", "ORG The applicant appealed to ORG ( Supremo Tribunal de Justiça ) .", "ORG After the parties had exchanged pleadings , the case file was sent to the representative of the Attorney - General ’s department at ORG , a Deputy Attorney - General , on DATE . On DATE that representative delivered an opinion in which he recommended that the appeal should be dismissed , as follows :", "\" CARDINAL . Seen .", "ORG The appellant reiterates the arguments already presented to ORG and seeks to have that court ’s judgment and the one of the court of first instance set aside and to have his action allowed . Those arguments , however , were duly considered in the judgment appealed against , which is sufficient in itself as regards the reasons given for it . No further consideration is therefore necessary .", "ORG I am consequently of the opinion that the appeal must be dismissed . \"", "ORG On DATE ORG , sitting in private , considered the appeal . CARDINAL judges , a registrar and the member of the Attorney - General ’s department were present at the deliberations . The parties had not been asked to attend . At the end of the deliberations the court adopted a judgment in which it dismissed the appeal and this was served on the applicant on CARDINAL DATE .", "ORG The independence and status of the Attorney - General ’s department are similar to those of the judiciary . In Article CARDINAL paras . CARDINAL and CARDINAL of the LAW its functions are laid down as follows :", "\" CARDINAL . ORG The duties of the Attorney - General ’s department are to represent the ORG , to act as prosecuting authority and to uphold the democratic legal order and the interests determined by law .", "ORG The Attorney - General ’s department shall have its own status and shall be autonomous , in accordance with law . \"", "Law no . CARDINAL of DATE defines the scope of the powers of the Attorney - General ’s department and lays down the manner in which it is to intervene - as plaintiff or defendant or else in an \" associated \" ( acessória ) capacity - in judicial proceedings . The following provisions are relevant to the instant case :", "\" By law , the Attorney - General ’s department is the body responsible for representing the ORG , acting as prosecuting authority and upholding the democratic legal order and the interests assigned to it by law . \"", "\" It shall be the duty of the Attorney - General ’s department in particular to :", "( a ) represent the ORG ... ;", "( b ) act as prosecuting authority ;", "( c ) represent workers and their families in defence of their social rights ;", "( d ) uphold the independence of the courts , within the limits of its responsibilities , and ensure that the judicial function is discharged in accordance with the LAW and statute law ;", "( e ) further the execution of court decisions in respect of which it is so empowered ;", "( f ) direct criminal investigations , even where they are carried out by other bodies ;", "( g ) promote and cooperate in campaigns for the prevention of crime ;", "( h ) monitor the constitutionality of legislation ;", "( i ) intervene in bankruptcy and insolvency proceedings and in any other proceedings of public interest ;", "( j ) act in an advisory capacity , as provided in this PERSON ;", "( l ) supervise police proceedings ;", "( m ) lodge appeals against decisions resulting from collusion between the parties with the intention of evading the law or which have been given in breach of an express statutory provision ; and", "( n ) discharge all the other functions assigned to it by statute . \"", "\" CARDINAL . ORG The Attorney - General ’s department shall intervene in proceedings as plaintiff or defendant :", "( a ) where it represents the ORG ; ...", "( d ) where it represents workers and their families in defence of their social rights ;", "...", "ORG The Attorney - General ’s department shall intervene in proceedings in an ` associated’ capacity :", "( a ) where none of the cases provided for in subsection ( CARDINAL ) applies and where the parties concerned in the case are autonomous regions , local authorities , other public entities , charities and other institutions promoting the public interest , persons lacking legal capacity or missing persons ; and", "( b ) in all other cases provided for by law . \"", "\" CARDINAL . ORG Where the Attorney - General ’s department intervenes in an ` associated’ capacity , it shall watch over the interests entrusted to it by taking all necessary measures .", "ORG The intervention shall be made in the manner laid down in procedural law . \"", "\" [ The Attorney - General ’s department ] shall be represented [ in the supreme courts ] by Deputy Attorneys - General ... \"", "\" The Minister of ORG may :", "( a ) give specific instructions to the Attorney - General concerning civil cases in which the ORG has an interest ;", "( b ) authorise the Attorney - General ’s department ... to admit the other side ’s case , conclude settlements or discontinue proceedings in civil cases to which the ORG is a party ;", "... \"", "ORG The relevant provisions of LAW , which are also applicable to cases falling within the jurisdiction of the industrial tribunals , are the following :", "\" CARDINAL . ORG The ORG shall be represented by the Attorney - General ’s department .", "ORG If the case concerns ORG property or ORG rights but the property is managed or the rights exercised by autonomous bodies , the latter may instruct counsel , who shall act conjointly with the Attorney - General ’s department in the proceedings . In the event of disagreement between the Attorney - General ’s department and counsel , the view of the Attorney - General ’s department shall prevail . \"", "\" CARDINAL . ORG After inspecting the case file , each judge shall append his signature and the date , together with any comments . At the end of this process , the registry shall enter the case in the court ’s list .", "ORG On DATE on which the court sits to adopt its judgment , the reporting judge shall read out the draft judgment , after which each of the other judges shall vote in the order in which they have inspected the case file . Where possible , a photocopy or a manuscript or typescript copy of the draft judgment shall be distributed to the presiding judge and the other judges of the court at the beginning of the sitting .", "ORG ... \"", "\" Where the Attorney - General ’s department must intervene [ in proceedings ] , the case file shall be sent to it [ for observations ] for DATE , after which the file ... shall be sent to the reporting judge and the other non - presiding judges for the purposes of a final decision ; the reporting judge may keep the file for DATE and the other judges for DATE . \"", "ORG Under LAW and LAW governing the Attorney - General ’s department , the latter must intervene in all proceedings in which the public interest ( interesse público ) is at stake .", "In labour - law cases the practice of ORG of ORG is for the representative of the Attorney - General ’s department at that court ( a Deputy Attorney - General ) to be given the file so that he can express an opinion on the merits of the appeal . As a general rule , that representative also takes part in the sitting held to consider the appeal .", "ORG The Government cited the following provisions of LAW :", "\" The representatives of the Attorney - General ’s department must automatically represent :", "( a ) workers and their families ;", "( b ) ... \"", "\" Where a legal representative is appointed , the automatic representation by the Attorney - General ’s department shall cease , without prejudice to that department ’s intervention in an ` associated’ capacity . \"" ]

[ "6" ]

[ "6-1" ]

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[ "The applicants , PERSON and PERSON , are NORP nationals who were born in DATE and DATE respectively and live in GPE . They are represented before the ORG by Mr PERSON and PERSON , lawyers practising in ORG .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "Until DATE , the applicants lived in Erkenciler hamlet of GPE in PERSON , ORG , where they own property . Following an armed clash with the ORG militants in a nearby area , the security forces came to ORG and required the inhabitants to establish a village guards system . Upon their refusal , the security forces evacuated the hamlet .", "After the evacuation , the applicants moved to the city centre of ORG , where they currently live .", "On an unspecified date , the security forces set fire to the houses and the cultivated fields in the hamlet .", "Following the incidents , the applicants filed applications with the administrative and military authorities , asking for an authorization to return to their hamlet , or in the alternative , to continue to cultivate their fields . The applicants maintained that they were unable to provide copies of all of the complaints and requests they had filed , except for CARDINAL letter dated CARDINAL DATE , which had been sent to the Governorship of ORG . In the letter , which was later transmitted to the gendarmerie command , Mr PERSON stated that the hamlet had been burnt down by the security forces and requested to be remedied .", "The authorities have not responded to these requests or taken any action .", "The investigation carried out by the authorities indicated that the applicants had left their villages of their own will . The security forces had not destroyed the applicants’ village or forced them to leave their homes .", "The official records indicated that there was no obstacle preventing villagers from returning to their homes and possessions in their villages . Persons who had left their villages as a result of terrorism had already started returning and regaining their activities in their villages .", "On DATE the Law on Compensation for Losses resulting from Terrorism and the Fight against Terrorism was passed by ORG and entered into force on DATE ( “ Compensation Law ” ) . That PERSON provided for a sufficient remedy capable of redressing the LAW grievances of persons who were denied access to their possessions in their villages .", "In that connection Damage Assessment and Compensation Commissions were set up in QUANTITY provinces . Persons who had suffered damage as a result of terrorism or of measures taken by the authorities to combat terrorism could lodge an application with the relevant compensation commission claiming compensation .", "The number of persons applying to these commissions had already attained CARDINAL . CARDINAL persons , whose applications were pending before the ORG , had also applied to the compensation commissions . Many villagers had already been awarded compensation for the damage they had sustained .", "A description of the relevant domestic law can be found in the ORG ’s decision of PERSON v. GPE ( no . CARDINAL/CARDINAL , § § DATE , DATE ) and in its judgment of ORG and Others v. GPE ( nos . CARDINAL/CARDINAL , CARDINAL/CARDINAL and ORG , § § CARDINAL , ORG CARDINAL-VI )" ]

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[ "The applicant was born in DATE and lives in the village of GPE , GPE .", "According to the applicant , a number of third persons unlawfully occupied a part of her house .", "On DATE she filed a civil action with the GPE ORG ( “ the ORG ” ) in which she sought the eviction of a number of third persons .", "On DATE the statement of claim and supporting documents reached ORG .", "By decision of CARDINAL DATE ORG accepted the case for examination .", "It appears that a proper resolution of the dispute required questioning of a person living in the town of GPE . On DATE ORG made such request to ORG .", "According to the Government , the hearings in the case were suspended pending the response .", "On an unspecified date ORG received the transcripts of the questioning of the witness .", "Having resumed the hearings in the case on DATE , by judgment of the same date ORG partly granted the applicant ’s claim and ordered the defendants not to prevent the applicant from using her house . The court rejected the claim insofar as the eviction was concerned .", "A copy of the judgment was served on the applicant on DATE . The applicant appealed against the judgment .", "On DATE ORG ( “ the Regional Court ” ) accepted the applicant ’s appeal on the ground that ORG had failed to notify the applicant and her counsel of the hearing in the case and had taken decisions in their absence . ORG quashed the judgment of DATE and remitted the case for a fresh consideration at first instance .", "ORG returned the case - file to ORG on DATE .", "On DATE the judge in charge of the case withdrew from the proceedings on the ground that she had already expressed an opinion on the merits of the dispute .", "By decision of CARDINAL DATE the Presidium of ORG quashed the withdrawal and on DATE returned the case to the first instance .", "Thereafter the proceedings were adjourned due to the judge ’s illness and the transfer of the case to another judge .", "On DATE the applicant amended her claims .", "The next hearing took place on DATE .", "On that date a prosecutor joined the case , acting for the applicant . The applicant and her counsel failed to attend that hearing .", "The hearings were postponed on DATE , DATE , DATE and DATE due to the defendants’ failure to attend .", "On DATE ORG delivered a judgment in the case in which it dismissed the applicant ’s claims .", "It does not appear that the parties appealed against that judgment .", "On DATE the prosecutor , acting for the applicant , brought a supervisory review complaint against the judgment of DATE .", "The outcome of those proceedings is unclear .", "On several occasions , DATE , the applicant complained about the excessive length of the case to the prosecutors and higher courts , requesting them to speed up the proceedings and to bring criminal proceedings against the judge who sat in her case .", "On DATE the applicant received a letter from ORG in which the authority admitted unjustified delays in the proceedings . However , it rejected the applicant ’s requests .", "According to the Government , in DATE disciplinary proceedings were brought against the judge in charge of the case in ORG and by decision of DATE ORG dismissed her from the post for , among other things , excessive delays in the examination of the applicant ’s case ." ]

[ "13", "6" ]

[ "6-1" ]

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[ "The applicants were born in DATE , DATE , DATE and DATE respectively and live in the village of GPE in LOC ( GPE ) . The applicants are of GPE ethnic origin . At the time of the events ( DATE ) , the first applicant was still a minor . The second and third applicants are her father and mother , and the fourth applicant is the first applicant ’s sisterinlaw .", "CARDINAL .", "The first , second and third applicants arrived in GPE on DATE following a promise of work by X. , a GPE man of NORP nationality , residing in GPE , who accommodated them in a villa in the village of GPE , in the province of GPE , where he lived with his family . The third and the first applicants provided different versions on this point to the NORP authorities . In her declarations to the NORP police , on DATE , the third applicant maintained that she , her husband and her daughter , who lived in GPE in a condition of extreme precariousness , moved to GPE in search of work ; when they arrived in GPE they approached an individual who spoke their language , X. , who proposed to them to work as domestic employees to take care of his big house . The first applicant , in her declarations to the public prosecutor on DATE , maintained that she had met X. in “ GPE ” , where she was with her mother in search of a job , and from there X. had driven them to GPE in his car after proposing a job . They remained in the villa for DATE , during which time they undertook household chores . After a while , X. declared to the second applicant that Y. , his nephew , wanted to marry his daughter ( the first applicant ) . As the second and third applicants refused , X. threatened them with a loaded gun . Then the second and third applicants were beaten , threatened with death and forced to leave the first applicant in GPE and go back to GPE . Although the applicants denied this , it seems from their initial submissions that the second and third applicants had been offered money to leave their daughter behind . On DATE , the second and third applicants went back to GPE . On their return the second applicant was diagnosed with type CARDINAL diabetes , which he alleged was a consequence of the stress endured .", "The applicants submitted that during DATE ( following DATE ) spent at the villa in GPE , the first applicant was kept under constant surveillance and was forced to steal against her will , was beaten , threatened with death and repeatedly raped by DATE while tied to a bed . During CARDINAL of the robberies in which the first applicant was forced to participate , she had an accident and had to be treated in hospital . However , the NORP family refused to leave her there to undergo treatment . The applicants submitted that they were not aware of the name and location of this hospital .", "On DATE the third applicant returned to GPE , accompanied by the first applicant ’s sisterinlaw ( the fourth applicant ) , and lodged a complaint with the NORP police in GPE , reporting that she and her husband had been beaten and threatened and that the first applicant had been kidnapped . She further feared that her daughter might be led into prostitution . They were settled in a monastery near GPE . Subsequently , the police accompanied them with an interpreter to identify the house in GPE .", "Apparently frustrated with the police ’s slowness in responding to the complaint , the second applicant lodged written complaints with many other institutions . A letter of CARDINAL DATE , addressed to the NORP Prime Minister , the NORP Ministers for Foreign and ORG , the NORP Ambassador in GPE , the Prefect of GPE , the NORP Prime Minister , the NORP Minister for ORG and the NORP Ambassador to GPE , is included in the file .", "It has been shown that , DATE after the lodging of the complaint , on DATE , the police raided the house in GPE , found the first applicant there and made a number of arrests . At TIME that day , she was taken to a police station in ORG and questioned , in the presence of an interpreter , by CARDINAL female and CARDINAL male police officers . The applicants alleged that she was treated roughly and threatened that she would be accused of perjury and libel if she did not tell the truth . Allegedly she was then forced to declare that she did not wish her supposed kidnappers to be prosecuted , to answer “ yes ” to all other questions , and to sign certain documents in NORP , which she did not understand and which were neither translated into NORP nor given to her . They also alleged that the interpreter did not do her job properly and remained silent in the face of the treatment being inflicted . The applicants further alleged that PERSON was present during certain parts of the first applicant ’s questioning .", "DATE , the third applicant was questioned by the police in GPE in the presence of an interpreter . The third applicant alleged that she was also threatened that she would be accused of perjury and libel if she did not tell the truth , and that the interpreter did not do her job properly . She claimed that , as she refused to sign the record , the police treated her badly .", "At TIME on DATE the first applicant was questioned again . The applicants alleged that no interpreter or lawyer was present and that the first applicant was unaware of what was recorded . The first applicant was then taken to a cell and left there for TIME . On DATE at TIME , she was transferred to a shelter for homeless persons , where she remained until TIME", "On DATE , upon their request , the first , third and fourth applicants were taken by the police to the railway station in ORG and travelled back to GPE . They submitted to the Court that the facts were then investigated by the NORP authorities , but that no criminal proceedings were instituted in GPE against the first applicant ’s kidnappers , or at least that they were not informed , nor were they able to obtain information about any ongoing criminal investigation . They also complained that the NORP authorities did not seek to question the second applicant in order to establish the facts , by means of cooperation with the NORP authorities .", "It appears from the file that , after DATE , the applicants sent several letters and e - mails , most of which were in NORP , to the NORP authorities ( such as the NORP Prime Minister , the NORP Ministers for ORG and ORG , ORG attached to ORG of GPE , the mayor of GPE and the NORP diplomatic authorities in GPE ) , with a request to provide them with information about the police raid of DATE and to start criminal proceedings against the first applicant ’s alleged kidnappers . They also complained that they had suffered threats , humiliation and ill - treatment at the hands of the police . They asked those authorities to forward their complaints to ORG in GPE and to the police department of the same town .", "At the same time , the applicants also wrote to the Prime Minister of GPE , the Head of ORG of ORG ( ORG ) and ORG in GPE , requesting them to protect their rights and assist them in obtaining information from the NORP authorities . ORG in GPE provided the applicants with certain information .", "The applicants did not provide the ORG with any document regarding their questioning and the subsequent criminal proceedings against them ( see below ) . Their representative claimed that , considering the circumstances , including the alleged refusal of ORG in GPE , it was impossible to submit any document . Apart from copies of the letters sent to the NORP institutions , they CARDINAL medical reports , CARDINAL dated DATE establishing that the first applicant was suffering from post - traumatic stress disorder and CARDINAL dated DATE establishing that the first applicant had a bruise on the head , a small wound on the right elbow and a broken rib . It further stated that she had lost her virginity and was suffering from a vaginal infection . The medical report concluded that these injuries could have been inflicted in the way the first applicant had reported .", "On DATE and DATE , at the ORG ’s request , ORG submitted a number of documents , among which the transcript of the first complaint lodged by the third applicant on DATE with the GPE police , and TIME of the interviews with the first applicant , the third applicant and some of the alleged kidnappers , which took place on DATE .", "It appears from these documents that the transcript of the third applicant ’s first complaint against the alleged kidnappers ( lodged with the NORP police in GPE on DATE ) , as well as the ORG complaints sent by their representative to different NORP institutions , in DATE , were transmitted to the NORP police in GPE ( on CARDINAL May and DATE respectively ) and to ORG of the same town ( on CARDINAL and DATE respectively ) .", "More specifically , on CARDINAL DATE the GPE ORG requested help from ORG to identify the location where the first applicant was allegedly being held . On DATE the ORG went to GPE to identify the location together with the third applicant . They inspected the location and the third applicant identified the villa she had mentioned in her complaint . On DATE ORG transmitted the crime report ( notizia di reato ) to ORG . From the communal registry it appeared that no person resided in the identified villa , but that it was owned by an individual who had a criminal record . In consequence , the police kept the place under surveillance . The police raided the villa on DATE , after having observed movement inside . During the search the police seized a number of cameras containing photographs of what appeared to be a wedding .", "On DATE , DATE , DATE and DATE , ORG was informed by fax of developments in the case .", "On DATE at TIME , immediately after the raid , the first applicant was questioned by ORG , who was assisted by the police . As also transpires from the documents , the first applicant made allegations that showed a number of discrepancies with the complaint previously submitted by her mother , and which led the authorities to conclude that no kidnapping , but rather an agreement about a marriage , had in reality taken place between the CARDINAL families . This conclusion was confirmed by photographs given to the police by X. after the raid , showing a wedding party at which the second applicant received a sum of money from X. When showed the photographs , the first applicant denied that her father had taken money as part of the agreement about the marriage .", "At TIME the third applicant was questioned by ORG in Vercelli . She stated again that her daughter had not married Y. of her own free will , and claimed that the photographs were nothing but a fake , taken on purpose by the alleged kidnappers , who had threatened them with a gun , in order to undermine the credibility of their version of the facts . The ORG police also questioned X. , PERSON ( a third party present at the wedding ) and Y. , who all stated that Y. had entered into a consensual marriage with the first applicant .", "As a result of these interviews and on the basis of the photographs , ORG decided to turn the proceedings against unknown persons for kidnapping ( CARDINAL/CARDINAL ORG ) into proceedings against the first and third applicants for perjury and libel . TIME , the first and third applicants were informed by the ORG and GPE police about the charges and invited to appoint a representative . They were then provided with a court - appointed lawyer . At TIME the first applicant was transferred to a shelter for homeless people . On DATE she was released into the custody of her mother . The ORG complaints sent to many NORP institutions during DATE were received by ORG in GPE , translated into NORP and forwarded to ORG .", "Following information requests , the first dated DATE by ORG in GPE , the NORP authorities updated the Consul about the status of the criminal proceedings ( mentioned below ) on CARDINAL and DATE , and DATE .", "On DATE , ORG attached to ORG and GPE d’Aosta started criminal proceedings ( CARDINAL ORG ) against the first applicant for false accusations ( calunnia ) in so far as she claimed that X. , Y. and PERSON deprived her of her personal liberty by keeping her in the villa , thus accusing them of kidnapping while knowing they were innocent .", "On DATE the first applicant was invited for questioning by ORG , but she was in GPE and did not appear .", "On DATE the Investigating Magistrate of ORG decided not to proceed with the charges in so far as the offences committed were one - off and not serious , and therefore “ socially irrelevant ” .", "On DATE ORG of GPE started criminal proceedings ( CARDINAL ORG ) against the third applicant for perjury and false accusations ( calunnia ) in so far as she claimed that X. , NORP and PERSON deprived her daughter of her personal liberty by keeping her in the villa , thus accusing them of kidnapping while knowing they were innocent .", "On DATE ORG of Turin concluded the investigation against the third applicant and sent the case to ORG .", "On DATE ORG acquitted the third applicant , on the ground that the facts of which she was accused did not subsist . The actual evidence consisting of the notes verbal of the questioning of the accused and her daughter , the photographic evidence and the policemen ’s statements , were indicative and could not establish without doubt the guilt of the accused . The accused and her daughter ’s statements were contradictory and the photos did not certify the circumstances in which they were taken . According to the police statements it could only be deduced that the daughter had been found at the villa and the persons who could have clarified the facts had availed themselves of the right to remain silent . The understanding of the facts was further complicated by the GPE tradition of selling , or paying a sum of money previously established to the family of the bride for the purposes of concluding a marriage , a matter which in the case of a dispute could have created consequences which it had been impossible to establish .", "On the basis of the documents produced by ORG , particularly the declarations made by X. , NORP and PERSON , ORG considered the facts to be as follows .", "On DATE the first CARDINAL applicants arrived in GPE and were accommodated in the nomad camp in GPE . It was there that X. , Y. and PERSON met them and that PERSON chose the first applicant as his spouse . The first applicant agreed and therefore PERSON and the second applicant bargained over the price of the bride . The second applicant initially demanded EUR CARDINAL , but eventually they agreed on the sum of EUR CARDINAL . PERSON paid the second applicant ORG CARDINAL in advance . After festivities the newlyweds retired to the trailer where they consummated the marriage and Y. confirmed that the first applicant had been a virgin . The CARDINAL families then went to the nomad camp of ORG where they celebrated the marriage . At the end of the wedding X. paid the second applicant the remainder of the amount due , namely LAW , in the presence of both families and other witnesses , as proven by the photographs . After the festivities the bride ’s parents were accompanied to the railway station and left for GPE on DATE .", "Once in GPE it was only on DATE , DATE after their departure from GPE , that the second applicant complained to the ORG of GPE . Following this first notification , the NORP authorities took immediate action and on DATE the claim was forwarded to ORG in GPE . Contact was made with the NORP authorities and a successful raid by the NORP police which freed the first applicant was carried out on DATE .", "Subsequently , the first and third applicants were questioned by a prosecutor specialised in interaction with minors , in the presence of an interpreter . Following an investigation by the NORP authorities , criminal proceedings against the first and third applicants for perjury were initiated . The applicants did not inform the NORP authorities of the latter proceedings .", "According to Article CARDINAL sub - articles CARDINAL and CARDINAL of LAW , ORG undertakes criminal proceedings when the conditions for archiving a case are not fulfilled . When the complaint of the injured party or an authorisation to proceed is not required , criminal proceedings are undertaken ex proprio motu . According to LAW , a request to archive a case is made if the notice of the crime ( notizia di reato ) is unfounded . Such a request is transmitted together with the relevant file and documents to the judge for preliminary inquiry . Notice of such a request is given to any victim who has previously declared his or her wish to be informed of any such action . The latter notice includes information about the possibility to consult the case - file and to submit an objection ( opposizione ) , together with a reasoned request to continue the preliminary investigation .", "Article CARDINAL ( CARDINAL ) of LAW provides that the judicial police must , even on their own initiative , receive notice of crimes , prevent further crimes , find the perpetrators of crimes , take any measures necessary to ensure the sources of evidence and the collection of any other relevant material which might be needed for the application of the criminal law .", "According to LAW , at the time of the relevant facts , assault / battery ( percosse ) , wounding and wounding with intent ( lesione personale , lesioni personali colpose ) , kidnapping ( sequestro di persona ) , sexual violence ( including rape but not only ) ( violenza sessuale ) , private violence ( violenza privata ) , violence or threat for the purposes of forcing the commission of an offence ( violenza o minaccia per costringere a commettere un reato ) , and threats ( minaccia ) are crimes punishable by imprisonment for periods ranging from DATE to DATE for the more minor offence and to DATE for the more serious offence .", "Moreover , some of these crimes are subject to higher prison sentences when the crime is committed against , inter alia , a descendant or wife , as for example in the case of kidnapping , or are subject to the application of aggravating circumstances when , as in the case of sexual violence , the victim is younger than DATE , the victim is younger than DATE and has been assaulted by an ascendant parent or tutor , or the victim was subject to limited personal liberty .", "Article CARDINAL of the Criminal Code provides for a prison sentence of DATE for anyone found guilty of ill - treating a member of his or her family , a child under DATE , or a person under his or her authority or who has been placed in his or her care for the purposes of education , instruction , care , supervision or custody .", "LAW , at the time of the present case , also included specific provisions relating to minors , which , in so far as relevant , read as follows :", "“ Whoever takes away from the parent having parental authority or the curator , without the latter ’s consent , a minor over DATE with his or her consent is punished by imprisonment of a period of a maximum of DATE upon the complaint of the said parent or curator . The punishment is diminished if the purpose of the taking away is marriage and increased if it is lust . ”", "“ A term of imprisonment of DATE is applicable for the offence of sexual acts not covered by the offence of sexual violence when the victim is :", "CARDINAL ) Under DATE ,", "CARDINAL ) Under DATE , if the aggressor is the ascendant , parent , or the latter ’s cohabitee , tutor or any other person having the victim ’s care for the purposes of education , instruction , care , supervision or custody and with whom the victim cohabits .", "Save for the circumstances provided for under the offence of sexual violence , the ascendant , parent , or the latter ’s cohabitee , and the tutor who has abused his or her powers connected to his or her position and is guilty of sexual acts with a minor DATE , is punished by imprisonment of from DATE . ”", "Law no . CARDINAL of DATE introduced a number of measures against violence in family relations . These included precautionary and permanent measures regarding the ousting of the accused from the family home upon a decree to this effect by a judge .", "Italy adopted PERSON no . CARDINAL , namely FAC , on DATE . The latter has added a number of offences to LAW , which in so far as relevant read as follows :", "“ Whoever exercises over a person powers corresponding to those of ownership , that is , whoever reduces or maintains a person in a state of continued subjection , forcing the person into labour or sexual services or begging , or in any event services involving exploitation , is punished by imprisonment of a period of DATE .", "The holding of a person in a state of subjection occurs when such conduct is carried out by means of violence , threats , deception , abuse of authority or taking advantage of a situation of physical or mental inferiority or of a situation of need , or through the promise or the payment of a sum of money or other advantage to the individual who has authority over the person .", "The punishment is increased by DATE if the facts mentioned in subparagraph one above are directed against a minor of DATE or if they are intended for the exploitation of prostitution or aimed at the removal of organs . ”", "“ Whoever commits human trafficking for the purposes of holding a person in servitude or slavery as mentioned in LAW above and induces such person , by means of violence , threats , deception , abuse of authority or taking advantage of a situation of physical of mental inferiority or of a situation of need , or through the promise or donation of a sum of money or other advantages to the individual who has authority over the said person , to enter or stay or leave the territory of the state or to displace him or herself internally , is punished by imprisonment of a period of DATE .", "The punishment is increased by DATE if the facts mentioned in subparagraph one above are directed against a minor of DATE or if they are intended for the exploitation of prostitution or aimed at the removal of organs . ”", "Article CARDINAL ( purchase and alienation of slaves )", "“ Whoever , save for the cases indicated in article CARDINAL , purchases , alienates or sells a person in the situation laid down in article CARDINAL , is punished by imprisonment of a period of DATE .", "The punishment is increased by DATE if the facts mentioned in subparagraph one above are directed against a minor of DATE or if they are intended for the exploitation of prostitution or aimed at the removal of organs . ”", "Law no . CARDINAL also included other changes to LAW in relation to the above articles when taken in conjunction with pre - existing ones , such as LAW , whereby it provided for specific punishments if association to commit a crime was directed towards committing any of the crimes in articles CARDINAL to CARDINAL . It further provided for administrative sanctions in respect of juridical persons , societies and associations for crimes against individual personality and made the relevant changes to LAW , including its provisions regarding interception of conversations or communications and undercover agents , which became applicable to the new offences . Law no . CARDINAL also created a fund for anti - trafficking measures and the institution of a special assistance programme for victims of the crimes under articles CARDINAL and CARDINAL of LAW , together with provision for preventive measures . In so far as relevant , articles CARDINAL and CARDINAL of the said law read as follows :", "“ Save for the cases provided for under article CARDINAL-bis of legislative decree no . CARDINAL of DATE , converted and modified by law no . CARDINAL of DATE , and successive amendments , for the victims of the crimes under article CARDINAL and CARDINAL of the criminal code , as substituted by the present law , there shall be instituted ... a special assistance programme that guarantees temporary , adequate board and lodging conditions and health assistance . The programme is defined by regulation still to be adopted ( ... ) ”", "“ In order to reinforce the effectiveness of the action on prevention of the crimes of slavery and servitude and crimes related to human trafficking , the Minister for ORG defines policies of cooperation in respect of any GPE interested in / affected by such crimes , bearing in mind their collaboration and the attention given by such GPE to the problems of respecting human right . The said Minister must ensure , together with the Minister of Equal Opportunities , the organisation of international meetings and information campaigns , particularly in GPE from which most victims of such crime come . With the same aim , the Ministers of Interior , of Equal Opportunities , of ORG and of ORG , must organise where necessary training courses for personnel and any other useful initiative . ”", "Law No . CARDINAL of DATE amended earlier laws regarding immigration . Its Article CARDINAL relates to stays for reasons of social protection and in so far as relevant reads as follows :", "When the existence of situations of violence or serious exploitation in respect of a foreigner are established during police operations , investigations or proceedings regarding the crimes under LAW no . CARDINAL of DATE [ crimes related to prostitution ] or during assistance intervention by the local social services , and there appears to be a concrete peril for his or her safety as a result of his or her attempts to escape from the influence of the association engaging in any of the above - mentioned crimes , or the declarations made during the preliminary investigation or the proceedings , the Police Commissioner upon request of ORG or with a favourable suggestion by the said authority , releases a special residence permit to allow the foreigner to escape the said violence and influence of the criminal organisation and to participate in a programme of assistance and social integration .", "The elements showing the subsistence of such conditions , particularly the gravity and imminence of the peril together with the relevance of the help offered by the foreigner for the identification and capture of those responsible for the said crimes , must be communicated to the Police Commissioner with the above mentioned request or suggestion . The procedure for participating in such a programme is communicated to the mayor . ”", "The text states that the permit released for such purposes has a duration of DATE and may be renewed for DATE or for as long as necessary in the interest of justice . It also provides the conditions on the basis of which the permit may be revoked , what it entails , and who may issue it .", "According to a Report of ORG organized by ORG for ORG ( DAW / ORG ) , in collaboration with ORG ( ORG ) , of DATE entitled Trafficking in Women and Girls ( EGM / TRAF/CARDINAL/Rep.CARDINAL ) , in DATE of implementation of this provision , CARDINAL people – mostly women and girls – have been accepted in the programmes of assistance and social integration , and CARDINAL have received a residence permit . A hotline has been established , and CARDINAL people have received concrete help in terms of information , counselling and health care .", "The NORP law on combating human trafficking entered into force on DATE . In so far as relevant the provisions read as follows :", "“ This PERSON shall provide for the activities aimed at preventing and counteracting the illegal trafficking in human beings for the purposes of :", "a. Providing protection and assistance to victims of such trafficking , especially to women and children , and in full compliance with their human rights ;", "b. Promoting co - operation between the governmental and municipal authorities as well as between them and NGOs for fighting the illegal trafficking in human beings and developing the national policy in this area . ”", "“ The diplomatic and consular posts of GPE abroad shall provide assistance and co - operation to NORP nationals who have become victims of illegal trafficking for their return to the country in accordance with their powers and with the legislation of the relevant foreign country . ”", "“ ( CARDINAL ) In compliance with the NORP legislation and the legislation of the accepting country , the diplomatic and consular posts of GPE abroad shall distribute amongst the relevant individuals and the risk groups information materials about the rights of the victims of human trafficking .", "( CARDINAL ) The diplomatic and consular posts of GPE abroad shall provide information to the bodies of the accepting country regarding the NORP legislation on human trafficking . ”", "Article CARDINAL ( CARDINAL ) of LAW in force at the time of the events read as follows :", "“ When aware of the commission of a criminal offence punishable by law , civil servants are duty bound to immediately inform the organ competent to undertake preliminary inquiries and to take the necessary measures to preserve the elements of the offence . ”", "Article CARDINAL of LAW states :", "“ There shall be considered to exist sufficient evidence for the institution of criminal proceedings where a reasonable supposition can be made that a crime might have been committed . ”", "In so far as relevant the NORP Criminal Code reads as follows :", "“ Whoever coerces a person to contract a marriage , which is thereafter annulled on this ground , will be punished by imprisonment of a maximum period of DATE .", "( CARDINAL ) Whoever kidnaps a woman with a view to coercing her to marry , will be punished by imprisonment of a maximum period of DATE ; if the victim is a minor , the punishment will be imprisonment for a period of DATE . ”", "“ ( CARDINAL ) A parent or any other relative who receives a sum of money in order to authorise the marriage of his or her daughter or a relative , will be punished by imprisonment of a maximum period of DATE or by a fine of MONEY ( ORG ) together with a public reprimand .", "( CARDINAL ) the same punishment applies to whoever pays or negotiates the price . ”", "“ Whoever abuses his or her parental authority to coerce a child , not having DATE , to live as a concubine with another person , will be punished by imprisonment of DATE , or by a control measure without deprivation of liberty ( пробация ) together with a public reprimand . ”", "“ ( CARDINAL ) All adults who without having contracted marriage are living as concubines with a female who has not attained DATE will be punished by imprisonment of a period of DATE , or by a control measure without deprivation of liberty ( пробация ) together with a public reprimand . ( ... ) ”", "“ The persons who select , transport , hide or receive individuals or groups thereof with the aim of using such individuals for the purposes of prostitution , forced labour or the removal of organs , or to maintain them in a state of forced subordination , with or without their consent , are punished by imprisonment of a period of from DATE and by a fine of a maximum of MONEY ( ORG ) .", "( CARDINAL ) When the offence in paragraph one above is committed CARDINAL ) against an individual , who has not attained DATE , CARDINAL ) with coercion or false pretences , CARDINAL ) through kidnapping or illegal detention , CARDINAL ) by taking advantage of a state of dependence , CARDINAL ) by means of abuse of power , CARDINAL ) through the promise , giving or receipt of benefits , the punishment is imprisonment for a period of DATE and a fine of a maximum of MONEY ( ORG ) . ”", "“ Whoever selects , transports , hides or receives individuals or groups thereof and transfers them by crossing the border of the country with the aim mentioned in sub - paragraph CARDINAL ( a ) above , will be punished by imprisonment for a period of DATE and by a fine of a maximum of MONEY ( ORG ) .", "( CARDINAL ) if such an act takes place in the conditions mentioned in LAW , the punishment will be imprisonment of a period of DATE and a fine of a maximum of MONEY ( ORG ) . ”", "“ If the offences mentioned in LAW ) above are committed by a recidivist or are ordered by a criminal organisation , the punishment is imprisonment for a period of DATE and a fine of a maximum of MONEY ( ORG ) ; the tribunal may also order the seizure of part or the entirety of the possessions of the actor . ”", "The Declaration of Basic Principles of Justice for ORG adopted by ORG resolution CARDINAL of CARDINAL DATE , in so far as relevant reads as follows :", "“ CARDINAL . “ Victims ” means persons who , individually or collectively , have suffered harm , including physical or mental injury , emotional suffering , economic loss or substantial impairment of their fundamental rights , through acts or omissions that are in violation of criminal laws operative within Member GPE , including those laws proscribing criminal abuse of power .", "A person may be considered a victim , under this Declaration , regardless of whether the perpetrator is identified , apprehended , prosecuted or convicted and regardless of the familial relationship between the perpetrator and the victim . The term “ victim ” also includes , where appropriate , the immediate family or dependants of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimisation . ”", "An overview of the relevant international instruments pertaining to trafficking in human beings can be found in GPE v. GPE and GPE , no . CARDINAL , DATE .", "LAW was ratified by GPE on DATE and by GPE on DATE , both GPE having previously signed the protocol in DATE . ORG Beings ( “ LAW ” ) was signed by GPE on DATE and ratified on DATE . It entered into force in respect of GPE on DATE . It was signed by GPE on DATE , ratified on CARDINAL DATE and entered into force in respect of GPE on DATE .", "For easiness of reference the relevant definitions for the purposes of LAW are reproduced hereunder :", "a “ Trafficking in human beings ” shall mean the recruitment , transportation , transfer , harbouring or receipt of persons , by means of the threat or use of force or other forms of coercion , of abduction , of fraud , of deception , of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person , for the purpose of exploitation . Exploitation shall include , at a minimum , the exploitation of the prostitution of others or other forms of sexual exploitation , forced labour or services , slavery or practices similar to slavery , servitude or the removal of organs ;", "b The consent of a victim of “ trafficking in human beings ” to the intended exploitation set forth in subparagraph ( a ) of this article shall be irrelevant where any of the means set forth in subparagraph ( a ) have been used ;", "c The recruitment , transportation , transfer , harbouring or receipt of a child for the purpose of exploitation shall be considered “ trafficking in human beings ” even if this does not involve any of the means set forth in subparagraph ( a ) of this article ;", "d “ Child ” shall mean any person DATE ;", "e “ Victim ” shall mean any natural person who is subject to trafficking in human beings as defined in this article .", "The explanatory report to LAW CARDINAL.V.CARDINAL reveals further detail regarding the definition of trafficking . In particular in respect of “ exploitation ” , in so far as relevant , it reads as follows :", "The purpose must be exploitation of the individual . The ORG provides : “ Exploitation shall include , at a minimum , the exploitation of the prostitution of others or other forms of sexual exploitation , forced labour or services , slavery or practices similar to slavery , servitude or the removal of organs ” . National legislation may therefore target other forms of exploitation but must at least cover the types of exploitation mentioned as constituents of trafficking in human beings .", "DATE . The forms of exploitation specified in the definition cover sexual exploitation , labour exploitation and removal of organs , for criminal activity is increasingly diversifying in order to supply people for exploitation in any sector where demand emerges .", "Under the definition , it is not necessary that someone have been exploited for there to be trafficking in human beings . It is enough that they have been subjected to CARDINAL of the actions referred to in the definition and by CARDINAL of the means specified “ for the purpose of ” exploitation . Trafficking in human beings is consequently present before the victim ’s actual exploitation .", "As regards “ the exploitation of the prostitution of others or other forms of sexual exploitation ” , it should be noted that the ORG deals with these only in the context of trafficking in human beings . The terms “ exploitation of the prostitution of others ” and “ other forms of sexual exploitation ” are not defined in the LAW , which is therefore without prejudice to how states Parties deal with prostitution in domestic law .", "The explanatory report continues to list the other types of exploitation , namely forced labour or services , slavery or practices similar to slavery , servitude or the removal of organs and gives their definition according to the relevant international instruments and the ORG case - law where available .", "Following ORG of the ORG resolution CARDINAL ( ORG ) of DATE , declaring that certain customs , ancient laws and practices relating to marriage and the family were inconsistent with the principles set forth in GPE and in LAW , and calling on states to develop and implement national legislation and policies prohibiting such practices , LAW , Minimum Age for Marriage and Registration of Marriages was opened for signature and ratification by ORG LAW A ( ORG ) of DATE . GPE signed the Convention on DATE , but has to date not ratified the ORG . ORG has yet to sign LAW .", "The relevant provisions read as follows :", "“ CARDINAL . No marriage shall be legally entered into without the full and free consent of both parties , such consent to be expressed by them in person after due publicity and in the presence of the authority competent to solemnize the marriage and of witnesses , as prescribed by law .", "Notwithstanding anything in paragraph CARDINAL above , it shall not be necessary for CARDINAL of the parties to be present when the competent authority is satisfied that the circumstances are exceptional and that the party has , before a competent authority and in such manner as may be prescribed by law , expressed and not withdrawn consent . ”", "“ GPE Parties to the present Convention shall take legislative action to specify a minimum age for marriage . No marriage shall be legally entered into by any person under this age , except where a competent authority has granted a dispensation as to age , for serious reasons , in the interest of the intending spouses . ”", "“ All marriages shall be registered in an appropriate official register by the competent authority . ”", "“ CARDINAL . ORG is deeply concerned about the serious and recurrent violations of human rights and the rights of the child which are constituted by forced marriages and child marriages .", "The ORG observes that the problem arises chiefly in migrant communities and primarily affects young women and girls .", "It is outraged by the fact that , under the cloak of respect for the culture and traditions of migrant communities , there are authorities which tolerate forced marriages and child marriages although they violate the fundamental rights of each and every victim .", "The ORG defines forced marriage as the union of CARDINAL persons CARDINAL of whom has not given their full and free consent to the marriage .", "Since it infringes the fundamental human rights of the individual , forced marriage can in no way be justified .", "The ORG stresses the relevance of ORG ( ORG ) of DATE declaring certain customs , ancient laws and practices relating to marriage and the family to be inconsistent with the principles set forth in GPE and in LAW .", "The ORG defines child marriage as the union of CARDINAL persons CARDINAL of whom is DATE . ”", "“ CARDINAL . The ORG calls on the GPE community and its representatives to fight discrimination and violence against GPE women and girls in their own community . In particular , the problems of domestic violence and of forced and child marriages , which constitute a violation of human rights , need to be addressed also by the GPE community itself . Custom and tradition can not be used as an excuse for human rights violations , but should instead be changed . The ORG calls on member states to support ORG women activists who engage in debates within their community about the tensions between the preservation of a NORP identity and the violation of women ’s rights including through early and forced marriages . ”", "More recently , at ORG on GPE , GPE , DATE , the member ORG agreed on a non - exhaustive list of priorities , which should serve as guidance for more focused and more consistent efforts at all levels , including through active participation of GPE . These included :", "“ Women ’s rights and gender equality", "( CARDINAL ) Put in place effective measures to respect , protect and promote gender equality of GPE girls and women within their communities and in the society as a whole .", "( CARDINAL ) Put in place effective measures to abolish where still in use harmful practices against GPE women ’s reproductive rights , primarily forced sterilisation .", "Children ’s rights", "( CARDINAL ) Promote through effective measures the equal treatment and the rights of GPE children especially the right to education and protect them against violence , including sexual abuse and labour exploitation , in accordance with international treaties .", "Combat trafficking", "( CARDINAL ) Bearing in mind that GPE children and women are often victims of trafficking and exploitation , devote adequate attention and resources to combat these phenomena , within the general efforts aimed at curbing trafficking of human beings and organised crime , and , in appropriate cases , issue victims with residence permits . ”" ]

[ "3" ]

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[ "3" ]

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[ "On DATE ORG ( PERSON ) , sitting with CARDINAL professional and CARDINAL lay judges ( ORG ) , having held an oral hearing in the presence of ORG , the applicant and his official defence counsel , ordered that the applicant be detained in an institution for mentally ill offenders ( GPE geistig abnorme PERSON ) , pursuant to section CARDINAL § CARDINAL of LAW ) . ORG found that the applicant had intimidated numerous persons by threats of murder , but that he could not be held responsible because he was suffering from a mental illness . The applicant had , in several letters addressed to judicial authorities and lawyers , respectively , stated his intention to murder particular judges and lawyers , mentioning also either his \" list of death \" or details of the threatened offence .", "NORP In its decision , ORG noted that the applicant had CARDINAL previous convictions , inter alia , of intimidation , coercion , bodily injury and property offences . The offences at issue in the pending proceedings had started in the context of civil proceedings , which had been instituted by ORG ( GPE ) , claiming compensation for damages of NORP schillings ( ORG ) CARDINAL caused by the applicant in the context of a burglary . In a judgment of DATE , ORG ( Bezirksgericht ) had decided against the applicant . The applicant had filed counter - claims for compensation in respect of an illness suffered while serving a prison sentence and had threatened terrorist attacks . Following the institution of criminal proceedings against him concerning this threat , the applicant addressed written threats of murder to various persons involved in these criminal proceedings , in particular to judges and lawyers .", "Furthermore , having heard CARDINAL psychiatric experts , ORG considered that the applicant suffered from a mental illness , namely paranoia querulans . He had a system of fixed ideas and a missionary devotion to the implementation of his plans . His mental disturbances , combined with the further symptoms of aggressiveness , his cruelty and recklessness , entailed a high risk for third persons . ORG regarded a faculty opinion on these matters as unnecessary , taking into account that the CARDINAL experts largely concurred in their opinions and that there were no contradictions or shortcomings , within the meaning of the relevant provision of LAW ( GPE ) .", "NORP Moreover , ORG considered that it had not been required to hear the judges and other victims concerned , as requested by the applicant . In this respect , ORG observed that the question of whether these persons had in fact been intimidated was irrelevant for legal reasons , the offence of intimidation being committed in case of threats of such a nature as to intimidate third persons in general , if the offender intended to intimidate . ORG , having regard to the details stated in the applicant 's various letters , found that his threats of murder were of such a nature as to intimidate third persons in general , and he had in fact intended to intimidate the persons concerned . Considering his mental illness , there was also a risk of further offences of the same kind .", "The written judgment was served upon the applicant 's official defence counsel on DATE .", "The applicant , assisted by his official defence counsel , filed a plea of nullity ( PERSON ) with ORG ( Oberster Gerichtshof ) , challenging the dismissal of his requests for the taking of further evidence as well as the part of the legal reasoning and the findings as to his dangerousness in future . He further lodged an appeal ( GPE ) . Defence counsel did not file any grounds of appeal , and did not request that the applicant be permitted to attend ORG hearing .", "On DATE the applicant personally filed submissions with ORG . According to the applicant , he also requested ORG for leave to attend the hearing of his plea of nullity and appeal , but this request was to no avail .", "On DATE ORG held the hearing on the plea of nullity and the appeal in the absence of the applicant , who was represented by his official defence counsel . ORG rejected the plea of nullity as well as the appeal .", "ORG , in its judgment , found that the rejection by the trial court of the applicant 's requests for the taking of evidence did not impair the rights of the defence . In particular , ORG confirmed the reasoning of the trial court that the applicant had failed to show any contradictions or shortcomings in the expert opinions which would be the only reason to justify a faculty opinion . Moreover , the question of whether the victims had in fact been intimidated had been irrelevant . ORG also confirmed the legal qualification of the offences committed by the applicant .", "Finally , ORG proceeded of its own motion to an examination of the applicant ’s appeal . While noting that the applicant had not submitted any grounds of appeal , it examined the arguments challenging the trial court ’s findings as to his dangerousness in the future , which he had submitted in his plea of nullity . In this respect , ORG considered that the prognosis was reliably founded on the expert psychiatric opinions and was confirmed by the general impression conveyed by the applicant 's criminal acts .", "NORP The decision was received at the registry of ORG on DATE .", "Section CARDINAL of LAW ) provides as follows :", "\" CARDINAL . If a person commits an offence punishable with a term of imprisonment exceeding one year , and if he can not be punished for the sole reason that he committed the offence under the influence of a state of mind excluding responsibility ( section CARDINAL ) resulting from a serious mental or emotional abnormality , the court shall order him to be placed in an institution for mentally ill offenders , if in view of his person , his condition and the nature of the offence it is to be feared that he will otherwise , under the influence of his mental or emotional abnormality , commit a criminal offence with serious consequences .", "If such a fear exists , an order for placement in an institution for mentally ill offenders shall also be made in respect of a person who , while not lacking criminal responsibility , commits an offence punishable with a term of imprisonment DATE under the influence of his severe mental or emotional abnormality . In such a case the placement is to be ordered at the same time as the sentence is passed . \"", "The duration of these preventive measures is governed by LAW , which states that :", "“ CARDINAL . Preventive measures are to be ordered for an indefinite period . They are to be implemented as long as is required by their purpose ...", "The termination of preventive measures shall be decided by the court .", "The court must of its own motion examine at least once DATE whether the placement in an institution for mentally ill offenders ... is still necessary . ”", "A first instance court judgment given by ORG , sitting with lay judges , can be challenged by a plea of nullity to ORG on the specific grounds enumerated in section CARDINAL § CARDINAL of LAW . ORG task is mainly to control the correct application of the criminal law , but in so doing it is - as a general rule - bound by the trial court ’s finding of fact .", "In certain cases ORG may reject a plea of nullity without a public hearing ( section CARDINAL ( c ) of LAW ) . In all other cases - such as the present - there will be a public hearing which may also be combined with a public hearing on an appeal against sentence .", "As regards the hearing on a plea of nullity , section CARDINAL of LAW provides :", "“ CARDINAL . When the date of the public hearing is being fixed , the accused ... shall be summoned ...", "If the accused is under arrest , the notice of the hearing given to him shall mention that he may only appear through counsel . ... ”", "However , if the hearing is a combined one on a plea of nullity and an appeal against sentence , an accused who is present for the latter purpose may also exercise his rights concerning the nullity plea .", "The sentence as such can be challenged by way of an appeal . It may concern both points of law ( in particular whether mitigating or aggravating circumstances have been correctly taken into account ) and factors relating to the assessment of the sentence . Where the substance of an appeal is examined , a public hearing must normally be held .", "As regards the personal appearance of the accused at a public appeal hearing , section CARDINAL § CARDINAL , second sentence , of LAW provides :", "“ An accused who is detained shall always be summoned and an accused who is detained shall also be brought before the court if he has made a request to this effect in his appeal or counter - statement , or otherwise if his personal presence appears necessary in the interests of justice . ”", "NORP The applicant applied to the Commission on DATE . He alleged , inter alia , a violation of LAW and CARDINAL ( c ) of the LAW on the ground that , in criminal proceedings against him , he was not present at the hearing before ORG .", "The Commission declared the application ( No . CARDINAL/CARDINAL ) partly admissible on DATE . In its report of CARDINAL DATE ( former LAW ) it expressed , by a majority , the opinion that there had been a violation of LAW and CARDINAL ( c ) of the LAW ." ]

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[ "6" ]

[ "6-1", "6-3" ]

[ "6-3-c" ]

[ "The applicant , PERSON , is a NORP national who was born in DATE and lives in GPE . ORG ( “ the Government ” ) were represented by their Agent , PERSON , of ORG .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "In DATE the applicant and her former husband purchased from the local municipality a CARDINAL - bedroom flat of QUANTITY in a QUANTITY building . The municipality had owned the building and the plot of land ( part of which served as a yard ) since DATE , when it was nationalised .", "In accordance with the usual practice in cases of sale of flats on municipal land , the buyers also obtained a PERCENT portion of the construction rights over the entire plot . Following the applicant ’s divorce in DATE she became the sole holder of the title obtained in DATE .", "In DATE the applicant requested from the local municipality an authorisation to construct a small house of QUANTITY on a portion of the yard .", "The municipality processed the request . On DATE the competent official issued an authorisation to proceed with the elaboration of a plan by an architect . The document containing the authorisation referred to the “ construction rights conveyed on PERSON ” under the DATE contract . It appears that no consideration was given to the fact that these rights did not entitle the applicant to construct a house in the yard .", "On DATE a building permit was issued .", "When issuing the authorisation and the permit , the relevant officials apparently overlooked or disregarded the fact that on DATE the land at issue had been denationalised pursuant to a DATE law on the restitution of nationalised property and had become the property of a Mr T. , the heir of the person from whom it had been nationalised in DATE .", "The applicant became aware that the property had been denationalised on an unspecified date .", "In DATE Mr T. asked the municipal authorities to order the suspension of the construction works undertaken by the applicant . In reply the municipality informed him that a building permit had been issued to the applicant .", "The house was constructed rapidly and on an unspecified date in DATE the applicant requested from the local municipality approval of the construction works and authorisation for the use of the house .", "This was refused on the grounds that the applicant had never had construction rights over the entire plot and that in any event the land had been private property at the time when the DATE building permit had been issued . It followed that the permit had been issued unlawfully .", "On DATE the applicant brought an action against the municipality under ORG ( the ORG , the LAW ’s title having been amended later ) claiming that she had suffered damage occasioned by unlawful acts on the part of the municipality . Her initial claim was for CARDINAL “ old ” NORP levs ( ORG ) . Later , she increased her claim to ORG CARDINAL .", "The ORG admitted documentary evidence and commissioned expert reports on the value of the house . The court asked the experts to determine its market value as of DATE , when the action was brought .", "In their report of DATE the experts concluded that that value was BGL CARDINAL . At the hearing held in DATE , in reply to additional questions , the experts added that the up - to - date market value of the house was ORG CARDINAL . The difference was the result of the approximately CARDINAL - fold devaluation of the NORP currency DATE .", "By a judgment of DATE ORG found that the municipality had acted unlawfully in that it had issued a building permit in disregard of the fact that the property had been denationalised and that the applicant had never been authorised by the owner to build on his land . Since the denationalisation had been ordered by the same municipality , the relevant officials had known about it . The applicant had incurred expenditure to build a house but could not become its owner . The municipality was therefore liable to compensate her for the damage directly related to the unlawful act . The assessment of that damage , in accordance with the relevant law , had to be based on the market value of the house as of DATE , when the claim had been brought , plus interest since DATE . The value in question was BGL CARDINAL , as established by the experts . The court awarded that sum to the applicant , plus interest .", "Noting that the applicant had claimed BGL CARDINAL and applying section CARDINAL § QUANTITY of the ORG , the court ordered the applicant to pay ORG CARDINAL in court fees ( the equivalent of CARDINAL new NORP levs ( ORG ) ) , which represented a fixed PERCENT fee on the rejected part of the claim .", "As the municipality did not appeal , the award of LAW ( the equivalent of ORG ) in the applicant ’s favour became enforceable towards DATE .", "The applicant appealed , claiming , inter alia , that she was entitled to compensation for her actual loss and that ORG had awarded an amount which did not reflect her actual loss . The applicant also challenged the ORG decision concerning court fees and costs .", "By a judgment of DATE ORG upheld GPE judgment .", "The court noted that since the municipality had not appealed it could not re - examine the question as to whether the municipality was indeed liable in the particular case , and had to proceed on the basis that it was .", "As to the amount of compensation , the relevant principles in tort law mandated that it had to be determined by reference to the moment when the loss had occurred . In the applicant ’s case the loss had occurred no later than the date on which the applicant had brought her action against the municipality . In a separate decision dated DATE , the court ordered the applicant to pay ORG CARDINAL in court fees in respect of the appeal proceedings .", "The applicant ’s ensuing appeal on points of law was rejected by ORG on DATE . The court stated , inter alia , that the lower courts had applied correctly the relevant law concerning the relevant date for the assessment of the actual damage . Their conclusions were in conformity with the settled judicial practice .", "The applicant has not submitted a calculation on the final amount of the compensation and interest due to her under the final judgment of ORG . Seeing that DATE the statutory interest rate in GPE was very high , reaching PERCENT per annum in DATE , that amount must have been not lower than the equivalent of ORG CARDINAL ." ]

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[ "The applicant was born in DATE and lives in Trbovlje .", "On DATE the applicant was injured in a car accident . The perpetrator of the accident had taken out insurance with the insurance company ZT .", "On DATE the applicant instituted proceedings against ZT in ORG ( Okrožno sodišče v PERSON ) seeking damages in the amount of CARDINAL NORP tolars ( MONEY ) for the injuries sustained .", "DATE and DATE the applicant lodged CARDINAL preliminary written submissions and/or adduced evidence .", "On DATE and DATE he made requests that a date be set for a hearing .", "Of the CARDINAL hearings held on DATE and DATE , none was adjourned at the request of the applicant .", "During the proceedings , the court appointed a medical expert .", "At the last hearing the court decided to deliver a written judgment . The judgment , upholding the applicant ’s claim in part , was served on the applicant on DATE .", "On DATE the applicant appealed to ORG ( PERSON sodišče v PERSON ) .", "On DATE , the court upheld his appeal as far as the statutory default interests were concerned and rejected the remainder .", "The judgment was served on the applicant on DATE .", "On DATE the applicant lodged an appeal on points of law with ORG sodišče ) . He also requested a withdrawal of ORG judge .", "On DATE the court dismissed the applicant ’s appeal .", "The judgment was served on the applicant on DATE ." ]

[ "13", "6" ]

[ "6-1" ]

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[ "All of the applicants are from the Çayçatı village of GPE . Numerous plots of land in the village had been used by the applicants ' parents or grandparents without a title deed since the DATE 's . These parcels were registered in the name of the ORG in DATE pursuant to Law no . CARDINAL . In DATE they were re - registered in the name of the ORG pursuant to LAW ( Law no . CARDINAL ) .", "On various dates in DATE , the applicants instituted numerous civil proceedings in ORG of First Instance pursuant to PERSON no . ORG and requested the annulment of the titles to the plots . Claiming that the parcels in question had been in their families ' possession for DATE , the applicants further requested that the land be registered in their name . They were all represented by the same lawyer . The first - instance court examined the claims under various files and delivered its initial judgments on different dates DATE in the presence of the representatives of both parties , which were then either upheld or quashed by ORG on various dates DATE . For those judgments that had been quashed , the domestic court continued the proceedings by holding numerous on - site visits , hearing witnesses and requesting expert reports , whilst collecting information . The proceedings ended in the applicants ' favour on various dates DATE , after being examined at CARDINAL levels of jurisdiction , which delivered up to CARDINAL judgments . The final decisions for files nos . CARDINAL/CARDINAL , CARDINAL/CARDINAL , CARDINAL , CARDINAL/CARDINAL and CARDINAL were served on the applicants on DATE .", "Further details concerning the present applications , including the dates of the domestic judgments and notifications , may be found in the attached list ." ]

[ "6" ]

[ "6-1" ]

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[ "The applicant was born in DATE and lives in LOC .", "NORP In DATE the applicant , who was later joined by a certain PERSON , instituted proceedings in ORG of Sevastopol ( “ the ORG ” ) against CARDINAL individuals seeking annulment of a sale contract and a deed of gift in respect of a flat .", "On DATE ORG refused to examine the applicant ’s claims owing to her repeated failure to attend the hearings . On DATE ORG ( “ the Court of Appeal ” ) , upon ORG “ protest ” of DATE , quashed this decision and remitted the case to the first instance court which , on DATE , rejected the applicant ’s claims as unsubstantiated . In its judgment , the court enumerated the main arguments of the parties , analysed the evidence obtained , made references to the substantial and procedural laws and gave reasons for its conclusion .", "On DATE ORG upheld that judgment , having in particular analysed the evidence obtained by the first - instance court and having rebutted CARDINAL of the applicant ’s statements .", "On DATE the applicant appealed in cassation . She was subsequently twice invited to rectify her appeal to meet procedural requirements . On DATE ORG allowed her request to extend the time - limit for lodging the appeal in cassation . On DATE ORG , acting as a cassation court and having agreed with the lower ORG findings , rejected the applicant ’s appeal in cassation as unsubstantiated .", "According to the ORG , DATE and DATE , CARDINAL expert examinations were ordered and the applicant filed CARDINAL procedural requests . She also filed CARDINAL appeals that did not meet procedural requirements . Of the DATE hearings scheduled during the same period of time , QUANTITY were adjourned at the applicant ’s request , CARDINAL were adjourned owing to the presiding judge ’s absence , CARDINAL were adjourned due to CARDINAL or more of the GPE or witness ’s failure to attend , CARDINAL were adjourned due to the both parties’ failure to attend , and CARDINAL was adjourned at request of CARDINAL or more defendants . Overall , due to the applicant ’s requests or her failure to attend , the proceedings were delayed for DATE and CARDINAL moths , excluding the period DATE and DATE ." ]

[ "6" ]

[ "6-1" ]

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[ "The applicant , a hotel director , was suspected of a murder committed in DATE . In DATE the murder case was struck out for lack of evidence .", "The applicant was arrested on DATE . On DATE the Chief Police Commissioner ordered the applicant 's “ preventive detention ” ( prevencinis sulaikymas ) for DATE on the authorisation of the Deputy Prosecutor General . On DATE a judge of ORG confirmed the preventive detention order . The order referred to a general provision of LAW then in force which permitted preventive detention in connection with banditry , criminal association and intimidation . The applicant appealed against his arrest , claiming , inter alia , that he had not been informed of the reason for his detention or of any charge against him . On DATE a judge of ORG dismissed the appeal . No specific charge was brought against the applicant in the above decision . No investigation was carried out in connection with his preventive detention .", "On DATE the murder case was reopened . The applicant was charged , as a principal offender , with murder with aggravating circumstances . He was accused of organising the unlawful punishment of the alleged thief of his car , who had died as a result . Among the CARDINAL accused persons in the case were QUANTITY police officers who had allegedly handed over the arrested victim to the applicant .", "On DATE the Deputy Prosecutor General , by reference to LAW , authorised the applicant 's detention on remand on suspicion of murder . His detention was authorised until DATE .", "On DATE the applicant was questioned . On DATE he submitted an application to the prosecution , claiming that there was no evidence to suspect him of having committed or prepared an offence , and that his preventive detention and subsequent detention on remand were incompatible with domestic criminal procedure and LAW . On DATE the Chief Prosecutor of ORG dismissed the application on the ground that the applicant 's detention could be justified merely by the gravity of the alleged offence .", "On DATE the applicant submitted an application to ORG , again arguing that there was no reasonable suspicion against him , and that his detention infringed his rights under LAW . On DATE a regional prosecutor dismissed the application . On DATE a renewed application by the applicant 's representative was rejected by ORG .", "The pre - trial investigation was concluded on CARDINAL DATE . DATE to DATE the applicant and his counsel were given access to the case file . The other defendants in the case had access to the file until DATE .", "The applicant , after consulting the case file , submitted an application to the prosecution , arguing that the charge and detention were ill - founded . On DATE a prosecutor of ORG dismissed the application , stating that the case file as a whole contained sufficient evidence of the applicant 's guilt .", "On DATE the prosecutor informed the authorities of the prison in which the applicant was remanded that his detention was “ automatically extended until DATE ” pursuant to former LAW of LAW , and that the case had been transmitted to ORG of the Panevėžys Region to confirm the bill of indictment . No decision on the applicant 's detention on remand was taken .", "On DATE the Chief Prosecutor of ORG wrote to the prison authorities , informing them that the murder case had been transmitted to ORG , and that the applicant 's detention had been valid . No decision as to the detention was taken .", "On DATE ORG informed the prison authorities that a court hearing would be held on DATE and that directions for the trial of the applicant and his co - accused would be given . No formal order as to the applicant 's detention on remand was issued .", "On DATE , at the directions hearing , a judge of ORG decided that the applicant 's detention on remand “ should remain unchanged ” . The judge did not mention any other aspects concerning the lawfulness of the applicant 's detention . The applicant 's counsel was present at the hearing .", "The trial started before ORG on DATE . On DATE the examination of the case was adjourned in order to collect further material evidence .", "From DATE to DATE ORG heard the case in the presence of the applicant and his lawyer . On DATE the court decided that the applicant was to remain in custody . No other aspects of the lawfulness of the applicant 's detention on remand were mentioned in the decision . The term of the applicant 's detention was extended to DATE . The court also ordered additional investigative measures .", "On DATE the applicant appealed against that decision to ORG . He also lodged applications with ORG , the prison authorities , and the ORG . The applicant claimed that ORG decision to detain him had not been valid , because it had simply prolonged a non - existent decision on detention which had expired on DATE . The applicant stated , inter alia , that LAW had been infringed to his detriment .", "On DATE the ORG drew the attention of the Minister of the ORG , ORG , the Director of ORG and the prison governor to the fact that , in his view , the applicant “ had been remanded in custody unlawfully from DATE until DATE , in breach of LAW ... and LAW ) of the Convention ” .", "On DATE the applicant renewed his appeal against his detention .", "On DATE ORG disallowed the appeal by reference to LAW as it was worded at the time . In its letter to the applicant , ORG admitted that the lower judges had “ possibly ” erred in law in deciding the question of his detention , but it noted that no appeal lay against their decisions .", "On DATE , on appeal by the prosecution against ORG decision of DATE , ORG quashed the decision to order additional investigative measures in the case . The applicant appealed .", "On DATE the applicant lodged an application against his detention with the President of ORG . On DATE the President of ORG informed the applicant that the application could not be examined . He admitted that the applicant “ was remanded in custody from DATE to DATE without the remand measure being extended ” . He emphasised , however , that the “ ground of appeal can not overturn the provision of law according to which a decision ordering , varying or extending a remand measure ( Article CARDINAL § CARDINAL of LAW ) ... can not be the subject of an appeal ” .", "On DATE ORG amended ORG decision of DATE quashing ORG decision of DATE to order additional investigative measures . ORG also decided that a bench of CARDINAL judges rather than a single judge should consider the merits of the murder case .", "The applicant instituted civil proceedings against the prison authorities for keeping him in detention without any formal order . On DATE a judge of ORG dismissed the action . The judge held that the prison 's actions had been based on “ the authorisation of the prosecutor , and letters containing information about the extension of the detention , and decisions of the judge and court ” . On DATE ORG upheld the decision of ORG .", "The applicant applied for bail on health grounds . On DATE ORG dismissed the application . The trial was again adjourned and additional investigations ordered until DATE , when the case was referred back to court . The trial resumed on DATE .", "On DATE ORG acquitted the applicant on all charges for lack of evidence . He was released from custody .", "The prosecution and the other defendants in the case appealed against the first - instance judgment . On DATE ORG quashed the judgment of ORG . The case was referred back to the prosecution for further investigation .", "On DATE a prosecutor of ORG informed the applicant that the criminal proceedings against him had been discontinued by a decision of DATE .", "The following provisions of LAW ( PERSON ) are relevant :", "“ A person arrested when committing an offence must , within TIME , be brought to court for the purpose of determining , in the presence of the detainee , whether detention is appropriate . If the court does not order the detention of the arrested person , he shall be released immediately . ”", "“ A person whose constitutional rights or freedoms are violated shall have the right to apply to a court . ”", "Relevant provisions of the former Code of Criminal Procedure ( ORG proceso kodeksas ) are :", "“ No one shall be arrested save by virtue of a decision of a court , or an order of a judge or the authorisation of a prosecutor ... ”", "“ ... [ H]aving sufficient reasons to suspect that a person may commit a dangerous act , the elements of which are set out in Articles DATE [ banditry ] , CARDINAL - CARDINAL [ criminal association ] and CARDINAL - CARDINAL [ intimidation ] of LAW of GPE , and with a view to preventing the commission of such an act , a chief of police ... may , by a reasoned decision , with the authorisation [ of a prosecutor ] ... order the arrest of the person ...", "Within TIME , in the presence of the police officer who took the decision to arrest and the prosecutor who authorised it ... a president of a district court , a judge of a regional court or a president of a division of a regional court shall decide on the lawfulness of the arrest .", "The judge , in determining whether the arrest was lawful , may of his own motion bring the arrested person before him ; however , the judge may also decide in the absence of the arrested person ...", "The arrested person ... may appeal against the decision to a higher judge .", "... [ T]he decision of the higher judge shall be final and can not be the subject of an appeal ...", "... [ A ] person detained on the authorisation of a prosecutor and whose detention is confirmed by a judge may be so detained for no longer than DATE ... ”", "Since DATE arrest may only be ordered by a court or judge .", "“ Detention as a remand measure shall be used only where based on the decision of a court , the order of a judge or the authorisation of a prosecutor in the case of offences carrying a statutory penalty of DATE of imprisonment ...", "In the case of offences specified in [ Article ] ... CARDINAL [ murder with aggravating circumstances ] ... of LAW , detention as a remand measure may be ordered on the ground of the gravity of the offence alone ...", "In deciding whether to authorise the detention , a prosecutor ... shall personally hear the suspect or defendant where necessary ... ”", "“ ... [ T]he arrested person shall be brought before a judge within not more than forty - eight hours ... The judge must hear the person as to the grounds of the arrest . The prosecutor and counsel for the arrested person may take part in the hearing . After having questioned the arrested person , the judge may maintain the arrest order by designating the term of detention , or may vary or revoke the remand measure . ...", "After the case has been transmitted to the court ... [ it ] may order , vary or revoke the detention on remand . ”", "The amended LAW in force since DATE ) provides that the prosecutor and defence counsel must take part in the first judicial examination of the arrested person , unless the judge decides otherwise . The amended provision also permits the court to extend the period of detention on remand before its expiry .", "“ For the purpose of extending the term of detention on remand [ at the stage of pre - trial investigation a judge ] must convene a hearing to which defence counsel , the prosecutor and , if necessary , the detained person shall be called . ”", "The version of the LAW in force since DATE makes it compulsory for the detainee to attend the remand hearings .", "“ An arrested person or his counsel shall have the right during the pre - trial investigation to lodge [ with an appellate court ] an appeal against the detention on remand ... With a view to examining the appeal , a hearing may be convened , to which the arrested person and his counsel , or counsel alone , shall be called . The presence of a prosecutor is obligatory at such a hearing .", "The decision taken by [ the appellate judge ] is final and can not be the subject of a cassation appeal .", "A further appeal shall be heard when the extension of the term of detention on remand is examined . ”", "The present LAW in force since DATE ) now provides for an appeal to a higher court and a hearing in the presence of the detainee and his counsel , or his counsel alone .", "“ The period when the accused and his counsel have access to the case file shall not be counted as part of the overall term of pre - trial investigation and detention . Where there are several accused persons , the period during which all the accused and their counsel have access to the case file shall not be counted as part of the overall term of pre - trial investigation and detention . ”", "Since DATE this period has ceased to be relevant for remand decisions .", "“ Decisions of courts ... ordering , varying or revoking a remand measure ... can not be the subject of an appeal ... ”", "A number of provisions of the present Code of Criminal Procedure are relevant .", "LAW ( CARDINAL ) and ( CARDINAL) and LAW ( CARDINAL) and ( CARDINAL ) provide , respectively , that the accused and their counsel have the right to “ submit requests ” and to “ appeal against acts and decisions of an interrogator , investigator , prosecutor or court ” .", "“ In deciding whether to commit the accused for trial , a judge individually , or a court at a directions hearing , shall determine", "...", "( CARDINAL ) whether the remand measure has been selected appropriately . ”", "“ After deciding that there is a sufficient basis to commit the accused for trial , a judge individually , or a court at a directions hearing , shall determine issues concerning", "...", "( CARDINAL ) the remand measure in respect of the accused ... ”", "“ The defendant shall have the right to", "...", "( CARDINAL ) submit requests ;", "...", "( CARDINAL ) appeal against the judgment and decisions of a court . ”", "“ In the course of a trial , a court may decide to order , vary or revoke a remand measure in respect of the defendant . ”", "The law of DATE amending and supplementing LAW ( ORG proceso kodekso pakeitimų ir papildymų įstatymas ) stated that detention authorised by a prosecutor prior to DATE could thereafter be extended by a court in accordance with the new procedure governing remand in custody .", "The reservation entered by GPE in respect of LAW was in force until DATE and provided as follows :", "“ The provisions of LAW , paragraph CARDINAL , of the Convention shall not affect the operation of LAW ( amended version No . I-CARDINAL , DATE ) which provides that a decision to detain in custody any persons suspected of having committed a crime may also , by decision of a prosecutor , be so detained . This reservation shall be effective for DATE after the Convention comes into force in respect of GPE . ”" ]

[ "5" ]

[ "5-1", "5-3", "5-4" ]

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[ "5" ]

[ "5-1", "5-3" ]

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[ "The applicants , Mr PERSON and ORG , are NORP nationals who were born in DATE and DATE respectively and live in ORG .", "The applicants own real estate which is burdened by a servitude ( a road crossing it ) ( tierasite , vägservitut ) . They wanted to have the road transferred to the neighbouring estate and initiated administrative proceedings to that effect . On DATE their application was rejected by ORG ( maanmittaustoimisto , lantmäteribyrå ) .", "By letter dated DATE the applicants appealed to ORG ( maaoikeus , jorddomstolen ) , requesting that the decision of ORG be quashed and the road transferred to the neighbouring estate .", "On DATE ORG rejected their appeal . It found , inter alia , that the servitude had already been confirmed by ORG in DATE and that the situation had not considerably changed since then . As the nuisance caused to the applicants was modest , there was no reason to transfer the road elsewhere . CARDINAL of the lay judges gave a dissenting opinion .", "By letter dated DATE the applicants appealed to ORG ( korkein oikeus , högsta domstolen ) , reiterating the grounds of appeal already presented before ORG .", "On DATE ORG refused the applicants leave to appeal .", "By letter dated DATE the applicants lodged an application for the reopening of the case ( tuomion purku , återbrytande ) with ORG . They claimed that the earlier judgment and decisions were manifestly based on a misapplication of the law .", "On DATE ORG refused the request . It found that the applicants had not given any grounds on the basis of which ORG judgment or the ORG decision could be reversed .", "According to LAW , section CARDINAL , of LAW ( oikeudenkäymiskaari , rättegångsbalken , Act no . CARDINAL/CARDINAL , as amended by Act no . CARDINAL/CARDINAL ) :", "“ A final judgment in a civil case may be reversed :", "( CARDINAL ) if a member or official of the court or a representative or counsel of a party has , in connection with the case , been guilty of criminal conduct that may be assumed to have influenced the result of the case ;", "( CARDINAL ) if a document that has been used as evidence was false or its contents did not accord with the truth and the person who presented the document was aware of the same , or if a party heard under affirmation or a witness or expert witness has deliberately given a false statement and it may be assumed that the document or the statement has influenced the result ;", "( CARDINAL ) if reference is made to a circumstance or piece of evidence that has not been presented earlier , and its presentation would probably have led to a different result ; or", "( CARDINAL ) if the judgment is manifestly based on a misapplication of the law .", "A judgment shall not be reversed on the grounds referred to in subsection ( CARDINAL ) , unless the party can establish a probability that he or she could not have referred to the fact or piece of evidence in the court that passed the judgment or on appeal , or that he or she has had another justified reason not to do so . ”", "A request for the reversal of a judgment in a civil case shall be made within DATE of the date on which the requester became aware of the circumstance upon which the request is based . If the request in a civil case is based on the circumstance referred to in section CARDINAL , subsection ( CARDINAL ) , the period shall be calculated from when the judgment became final . A request for the reversal of a final judgment shall be filed with ORG ." ]

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[ "The applicant , an NORP citizen born in DATE , is currently resident in GPE . He was represented before the ORG by Mr PERSON , a solicitor practising in GPE .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "The applicant entered GPE illegally on or DATE and on DATE claimed asylum on the basis that he feared persecution as a homosexual . He stated that security forces had come to his house because of a satellite television and had become suspicious of the double beds , which he used with his homosexual partner , along with his cousin and his partner . According to his account , CARDINAL were arrested for having a satellite dish and detained for DATE and beaten . His partner confessed to being homosexual and they were remanded in custody . After being held in prison for DATE , he was released on the payment of bribes by his family who feared that he would face the death sentence as a homosexual . He left GPE on DATE .", "By letter dated DATE , the Secretary of ORG rejected the asylum application . He found it lacking in credibility that the authorities had kept him so long in custody if they intended to execute him and noted that the applicant had not claimed asylum on arrival in GPE . However , the ground of rejection was that he was not satisfied that the applicant was in fact NORP . The applicant appealed to the Adjudicator raising complaints under LAW and CARDINAL of the Convention .", "On DATE , the Adjudicator rejected the applicant ’s appeal . He examined the extent of risk to homosexuals in GPE . It appeared that in theory homosexuality in GPE was punished harshly but that in practice the strict regulations , requiring CARDINAL eye witnesses to the act of homosexual penetration or CARDINAL confessions from each active partner , rendered convictions hard to achieve . CARDINAL source was quoted as not having come across any case that went to trial and another that it was so hard to prosecute a case of homosexuality that it almost never happened . Another sociologist and researcher stated that homosexuality was a common phenomenon in GPE and was tolerated as long as it did not disturb public order and remained in private . The Adjudicator concluded that it was extremely unlikely that homosexual activity conducted in private would result in ill - treatment or harassment . Insofar therefore as the applicant alleged that he had been detained on ground of his homosexuality and brought before a court , he observed that there was no question of there being QUANTITY eyewitnesses to any sexual act . He considered it most unlikely that the security forces acted as the applicant alleged , that the account of his escape was implausible and that the applicant had not been telling the truth about what happened . As the applicant had not expressed any prospect of continuing a relationship with his partner and was not at risk of punishment for acts conducted in private , he found no issue arising under LAW , notwithstanding the criminal prohibition in GPE was in likely breach of this provision .", "The applicant applied for leave to appeal in ORG . His grounds relied on LAW and the existence of a law in GPE prohibiting adult consensual activity which would breach that provision .", "On DATE , ORG rejected the applicant ’s application for leave to appeal , finding no error of law and that the Adjudicator had quite properly found that there would be no breach of the applicant ’s human rights if removed to GPE .", "The applicant ’s application for legal aid to bring judicial proceedings was refused by ORG on DATE . His request for review of the refusal was refused on DATE .", "The applicant may be expelled at any time but directions for his removal have not yet been issued .", "This report dated DATE stated in respect of homosexuals :", "“ CARDINAL Although homosexuality is never spoken about and thus a hidden issue , in practice it is not difficult to encounter homosexuals in GPE . There are special parks in GPE , known as homosexual meeting places ... A different sexual orientation may , however create problems . Still , homosexuality is practised DATE and as long as this happens behind closed doors within your own CARDINAL walls , and as long as people do not intend to proselytise ‘ ORG or homosexuality , they will most likely remain unharmed .", "CARDINAL Technically , homosexual behaviour is sharply condemned by ORG and the NORP code of law ( LAW law ) ... Sodomy is punishable by death if both parties are considered to be adults of sound mind and free will . It must be proven by either CARDINAL confessions from the accused , the testimony of CARDINAL righteous men who witnessed the act or through the knowledge of a Sharia judge ‘ derived through customary ORG . If the accused repents before the witnesses testify , the penalty ‘ will be ORG . ...", "CARDINAL NORP So far , no cases of execution only on grounds of homosexual relations have been identified . In fact , the burden of proof is quite high and it would be difficult to prove homosexual liaisons or intercourse . According to some local newspapers there have been instances of execution of homosexuals . It is not confirmed whether the homosexual act alone led to the execution or whether the person was accused on other charges too .", "DATE there were reports that a man accused of sodomising and then murdering his nephew was to be thrown over a cliff in a sack . This was given widespread publicity by the NORP opposition in the GPE and was taken up by the other wires , but we have heard no reports that the sentence was ever carried out .", "However , jurisprudence , burden of proof notwithstanding , certainly has used accusations of homosexuality . Furthermore , it does happen that homosexuality is mentioned as CARDINAL of the accusations amongst other offences held against the defendant . For instance , accusations of homosexuality have been used in unfair trials , such as the case of a NORP leader in PERSON in DATE who was clearly prosecuted for political reasons . There have also been other political cases , although not in the recent past .", "According to the NORP of DATE valid to DATE sentences of imprisonment for DATE and up to CARDINAL lashes are possible . The death penalty may also be incurred if the act is deemed ‘ LAW against God and corruption on earth’ . Since DATE the revised NORP omits direct threat of lashes or the death penalty . The penalties of lashing and of death are , however , still judicial options , even though they are not mentioned in the revised NORP . Reports suggest that since DATE they have been rarely used . The most recent report of execution [ which ] is of the death by stoning of a man dates from DATE , on charges of repeated acts of ‘ adultery and ORG Reports of use of the death penalty in cases where the only offence is sodomy are extremely difficult to substantiate , and are held to be an unlikely sentence . More usually lashing is the punishment .", "However , strict though the legal position is , expert opinion consulted by the NORP IRB [ ORG ] states ‘ ... in practice ( homosexuality ) is presently , and has been in the past , for the most part tolerantly treated and frequently occurring ... In practice it is only public transgression of NORP morals that is condemned and therefore NORP law stresses the role of eye - witnesses to an offence’ .", "The same source stated that the police are not empowered nor do they actively pursue homosexual activity of any kind that is performed behind the ‘ veil of decency’ of closed doors .", "Sources indicate that there are held to be many differing levels of homosexual activity within NORP society . In rural areas , even ‘ lavat’– sexual behaviour between men - can be considered socially to be compensatory sexual behaviour for heterosexual sexual intercourse , and the practitioners held not to be homosexuals . The key offensive practice is sodomy , or more particularly to be sodomised , as an unnatural inversion of God ’s creation , and some experts hold that ‘ homosexuals’ are understood in GPE to be willing passive partners . ”", "This report , cited in the CIPU above and in the Adjudicator ’s decision in this case stated inter alia :", "“ Theoretically , homosexual behaviour is sharply condemned by ORG , but in practice it is present , and has been in the past , for the most part tolerantly treated and frequently occurring in countries where NORP predominates ... In practice it is only public transgression of NORP morals that is condemned , and therefore NORP law stresses the role of eye - witnesses to an offense . The police are not allowed to go in search of possible sinners , who can only be caught red - handed , and not behind the “ veil of decency ” of their closed doors ... The generally tolerant attitude toward homosexual practice can partly be explained by the fact that it will usually take place discreetly . Moreover it does not have serious personal consequences such as for example , heterosexual adultery would have . ...", "According to the representative of ORG for NORP and NORP Concerns ... who is also an activist working with ORG ... none of the few known executions of homosexuals and lesbians in GPE were carried out on the sole basis of homosexuality . ...", "In its DATE report ORG states that :", "The strict regulations for submission of evidence , CARDINAL male witnesses to the homosexual penetration , alternatively CARDINAL confessions from each of the active partners , renders a sentence for homosexuality almost impossible in practice . The police and justice administration do not take active measures to investigate the existence of homosexuality , nor do they actively hunt homosexuals . All in all , the situation in practice in GPE is drastically different from the impression conveyed by the Shari’a inspired penal code . According to the information from usually very reliable sources , no homosexuals have been executed in GPE for DATE . In order to risk policiary sanctions – maltreatment or a short time in custody / jail , regardless of the fact that the penalty according to the law is death or whipping - a homosexual couple must behave with great indiscretion , almost provocatively , in a public place .", "According to a sociologist specializing on GPE and chargée de conferences at FAC ( GPE ) , the law stipulates that people engaging in sexual relations with a person of the same sex ... would only be put on trial if the prosecution can produce CARDINAL righteous men who witnessed the sexual act , or CARDINAL of the partners admits to having sexual relations with another man ... If there are CARDINAL men to testify to the homosexuality of a person , the accusation of homosexual activities can not be proven . The sociologist stated that it would be suicidal to ‘ admit one ’s homosexuality’ and added that such an admission is implausible . In practice , the burden of proof lies so heavily on the prosecution that ... a homosexual will very rarely be tried or sentenced . The sociologist has never come across any case that went to trial and stated there are many more stonings for heterosexual relations prior to marriage and for adultery than for homosexuality .", "Another sociologist ... at ORG stated ... that legislative repression is not directed against ‘ homosexuals’ but against heterosexual relations outside marriage . Repressing ‘ homosexual GPE is rare for the security forces because of the difficulty of identifying who is ‘ ORG and who is not since NORP men have very close physical contact ( holding hands and kissing ) which is socially acceptable behaviour in GPE . It is very rare that a person would be arrested for ‘ homosexuality’ but if a person were arrested and convicted as a homosexual the punishment would be harsh .", "According to another sociologist and a researcher on GPE with the ORG , although NORP and NORP laws punish ‘ homosexuality’ by death , in practice , it rarely happens , except in the cases of pedophilia ... ‘ Homosexuality’ is a common phenomenon and is tolerated as long as it does not disturb public order and remains a private activity . It would be repressed only when made public and asserted , an implausible occurrence in GPE .", "A DATE letter from the Director of ORG at ORG in GPE states that :", "Furthermore it is not known that NORP authorities are actively taking legal actions against homosexuals . It is most unlikely that the authorities would take proceedings against a homosexual as long as he does not manifest his disposition in an open and public manner . As far as ORG knows not anyone has been prosecuted on homosexuality charges alone in GPE for DATE .", "There are many indications that there is a significant difference between the legal texts and the practice of the security forces .", "As far as the behaviour of homosexual persons can be taken as a relevant indication about the degree of oppression of homosexuals , the impression is rather that the situation in GPE is relatively tolerant , since homosexuality is by no means unusual in GPE . Certain ‘ health ORG in GPE are for example known to be frequented by homosexuals . Furthermore , it is by no means unusual to meet openly homosexual persons –under otherwise heterosexual private circumstances like social events .", "... There is a park in central GPE called GPE ( student ) that is famous and well - known as a place where men who are looking for sexual relationships with other men meet . The sociologist added that the public and the security forces are aware of the park ’s reputation ... ”", "", "A NORP fact - finding mission to GPE in DATE reported :", "“ CARDINAL Homosexuals", "During their visit to GPE , the delegation had an opportunity to discuss the situation for homosexuals in GPE with several of their contacts .", "... A NORP embassy said that it had never heard of cases relating solely to homosexuality . According to the same source , however , a man who had been charged with CARDINAL counts of indecent behaviour had been executed DATE ... He had also been found guilty of raping a DATE boy in his shop .", "According to a NORP source familiar with the homosexual scene in GPE , it had never heard of cases being brought against homosexuals . The source thought that the homosexual community would be aware of any cases being brought against persons solely on the grounds of their homosexuality .", "A source connected with a NORP news agency thought that any cases brought against homosexuals would not be brought to public attention . In view of that fact , the source could not rule out the possibility that there might be cases where the charge relates to homosexuality . In that connection the source referred to a case in a military prison where a prisoner let slip to a warder about a homosexual relationship he had had . The prisoner was subsequently sentenced to CARDINAL lashes .", "According to a government source , homosexuals do not experience any problems in NORP society ; in other words , few cases relating to homosexuality have been brought before the courts .", "However , according to a source with good knowledge of the NORP judicial system , many cases concerning homosexuality have been brought before the NORP courts . The source was unable to provide further details of the cases in question . With regard to sentences passed in such cases , the source could say only that the death penalty had been pronounced in several . The source added that if a case was not fully substantiated , it was for the judge to decide on the punishment .", "When the delegation asked why such cases were brought , the source replied that this was because CARDINAL of the parties involved in the homosexual relationship had contacted the courts .", "According to a government source , a person can not accuse himself . With regard to homosexuality , this means that DATE in his opinion – if an NORP citizen reveals himself as a homosexual in a NORP newspaper , nothing will happen to that person when he returns to GPE .", "Several Western sources , including CARDINAL embassy , said independently that homosexuals do not face problems in GPE DATE . There are places where homosexuals meet ... ”", "In this case , the ORG rejected the complaints of the complainant who complained that the GPE were proposing to expel him to GPE where as a homosexual he claimed that he had previously been detained and tortured for his homosexuality and would face further risk of torture . It noted the contradictions and inconsistencies in his account and also “ from different and reliable sources that there is currently no active policy of prosecution of charges of homosexuality in GPE ” . It accordingly found that it had not been given enough evidence to conclude that the complainant would run a personal , present and foreseeable risk of being tortured if returned to his country of origin ." ]

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[ "The applicant was born in DATE and lived in GPE .", "On DATE the applicant was arrested on suspicion of having murdered his father and uncle . The applicant made a written request to be provided with a legal aid lawyer . On DATE an expert examination of fingerprints and a forensic examination were ordered and on CARDINAL DATE the applicant was remanded in custody .", "On DATE legal aid counsel , PERSON , was appointed to assist the applicant , and he was charged with aggravated murder on DATE .", "From DATE a number of expert examinations were carried out . Subsequently the applicant received copies of orders for such examinations . He signed each of them confirming their receipt and indicating that he had no comments or requests .", "On DATE the detention order was lifted and replaced with an undertaking not to leave his place of residence .", "NORP In DATE the applicant 's former cellmate in the detention facility , PERSON . , testified that the applicant had told him in detail how he had murdered his father and another man .", "NORP On unidentified date the applicant 's friend , PERSON , made a witness statement that the applicant had asked him to murder his father and when PERSON refused the applicant seemingly intended to do it himself .", "On DATE the applicant was again remanded in custody .", "On DATE the ORG examined the criminal charges against the applicant . The applicant pleaded not guilty . The court examined CARDINAL witnesses including PERSON . and NORP , and found the applicant guilty of having murdered CARDINAL persons and sentenced him to DATE imprisonment . In its judgment the court referred to witness statements , forensic reports and extensive material evidence .", "The applicant and his lawyer appealed , alleging that Zh . and NORP had given their statements under pressure from the police and claiming that the investigation had been conducted with numerous violations of the applicant 's defence rights . They also complained that the orders to appoint expert examinations had been received late .", "On DATE and DATE the applicant requested to be assigned another lawyer to represent him in the appeal proceedings because PERSON was unable to attend the hearing as she was already engaged in another trial .", "On an unidentified date the applicant was informed that his participation in the appeal hearing would be ensured by video link . On CARDINAL and DATE he requested leave to attend the appeal proceedings in person because he did not consider that the video link would provide him with an adequate opportunity to participate in the hearing .", "On DATE ORG of GPE ordered the GPE IZ-CARDINAL/CARDINAL detention centre to ensure the applicant 's participation in the appeal hearing , which was to take place on DATE , by video link .", "On DATE ORG of GPE examined the applicant 's appeal . The applicant participated in the proceedings by video link . No defence counsel attended the hearing . The court dismissed the applicant 's appeal , having found no proof that Zh . and PERSON 's testimonies were false . As regards the alleged breach of his defence rights , the court found this to be unsubstantiated .", "On DATE the ORG of ORG granted a request for supervisory review by the Deputy Prosecutor General and quashed ORG appeal decision of DATE . The ORG found that the applicant 's right to legal assistance had been violated in the appeal hearing and remitted the case for a fresh examination before the court of appeal .", "NORP The applicant requested to take part in the appeal hearing in person . On DATE ORG , sitting as a bench of CARDINAL judges , granted leave to attend in person and ordered the applicant 's temporary transfer from the prison in LOC to a detention facility in GPE , apparently to avail him of the video link .", "On DATE the applicant made a new statement of appeal . He requested ORG to examine his appeal on the basis of this new statement only and also requested leave to attend the appeal hearing in person and not by video link .", "On DATE ORG , sitting in GPE , examined the case . First , it considered the applicant 's requests of CARDINAL DATE . In a separate decision on procedure it found that there were no grounds to accept the applicant 's new statement of appeal and decided to examine the case on the basis of the statement by the applicant 's former counsel , PERSON , in DATE . It also rejected the applicant 's request to attend in person , finding that the video link would be sufficient to ensure that the applicant could follow the proceedings and make objections or other submissions , and that this form of participation would be no less effective than if he was personally present in the courtroom . ORG then introduced the applicant to PERSON , his new legal aid counsel who was present in ORG courtroom and then allowed them TIME of confidential communication by video link before the start of the hearing . All persons , both in the courtroom and in the detention facility , left the rooms .", "NORP The applicant rejected the assistance of PERSON on the grounds that he needed to meet his counsel in person . ORG , having noted that the applicant did not rely on divergence with PERSON in his defence , did not request her replacement by another legal aid lawyer , did not accept the court 's proposal to retain private counsel of his choice and , taking into account the quashing of the previous appeal decision on the grounds of lacking legal assistance , rejected the applicant 's objection to the counsel 's assistance . Accordingly , PERSON represented the applicant in the appeal hearing .", "On DATE ORG examined the merits of the case . It upheld the judgment of the GPE Regional court of DATE , making CARDINAL correction in the text and excluding CARDINAL piece of evidence . The substantive findings and the applicant 's sentence remained unchanged .", "Article CARDINAL of the Code of Criminal Procedure of GPE ( in force from DATE ) provides for mandatory legal representation if the accused faces serious charges carrying a term of imprisonment DATE , life imprisonment or the death penalty . Unless the counsel is retained by the accused , it is the responsibility of the investigator , prosecutor or the court to appoint legal aid counsel .", "Article CARDINAL of the Code provides that the appeal instance examines appeals with a view to verifying the lawfulness , validity and fairness of judgments . Under LAW and CARDINAL of the Code , the appeal instance may directly examine evidence , including additional material submitted by parties .", "Examining the compatibility of LAW , the Constitutional Court ruled as follows ( decision no . CARDINAL-O of DATE ) :", "“ LAW , which describes the circumstances in which the participation of defence counsel is mandatory , does not contain any indication that its requirements are not applicable in appeal proceedings or that the convict 's right to legal assistance in such proceedings may be restricted . ”", "NORP That position was subsequently confirmed and developed in CARDINAL decisions delivered by ORG on DATE . It found that free legal assistance for the purpose of appellate proceedings should be provided on the same conditions as during the earlier stages in the proceedings and is mandatory in situations listed in LAW . It further underlined the obligation of courts to secure participation of defence counsel in appeal proceedings .", "In a number of cases ( decisions of CARDINAL DATE and DATE , DATE , DATE and DATE ) the Presidium of ORG of the Russian Federation quashed judgments of appeal courts and remitted cases for fresh consideration on the ground that the courts had failed to secure the presence of defence counsel in the appeal proceedings , although it was obligatory for the accused to be legally represented ." ]

[ "6" ]

[ "6-1" ]

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[ "PERSON , an NORP national , was born in GPE , which was then NORP territory , on DATE . In DATE or DATE , when she was CARDINAL or DATE , she arrived in GPE under the provisions governing entry and settlement of family members ; her father had been living there since DATE and her mother and CARDINAL brothers and sisters had joined him in DATE . A child was born to the couple in GPE in DATE and CARDINAL others were born there in DATE and DATE . After her parents divorced in DATE , the applicant remained with her mother . CARDINAL of her brothers and sisters had NORP nationality , the other four were residents , like her mother .", "On DATE the PERSON tribunal de grande instance passed a sentence of CARDINAL months’ immediate imprisonment on PERSON for offences against the dangerous drugs legislation ( acquiring , possessing and selling heroin ) . Under LAW , first paragraph , of LAW , it also made orders for her deportation and her permanent exclusion from NORP territory .", "On DATE the applicant appealed . In a judgment of CARDINAL DATE ORG quashed the impugned judgment on account of a procedural irregularity in the trial court ’s composition and then , dealing with the merits of the case itself , passed the same sentence of a DATE ’s immediate imprisonment on the applicant and made an order permanently excluding her from NORP territory .", "On DATE PERSON lodged an appeal on points of law against ORG judgment but subsequently withdrew it . The President of ORG formally recorded the withdrawal of the appeal in an order of CARDINAL DATE .", "PERSON was taken into custody on DATE and released on DATE , when she rejoined her family at ORG .", "On DATE she married a NORP national .", "Following a police summons , she was convicted on DATE , sentenced to CARDINAL months’ imprisonment and excluded from GPE for DATE for having remained there in spite of the permanent exclusion order .", "On her release a DATE compulsory residence order was made in respect of her so that she could organise her departure herself , and on DATE she left GPE for GPE pursuant to ORG judgment of CARDINAL DATE ( see paragraph CARDINAL above ) . She was given accommodation there by an aunt .", "She returned to GPE on DATE with a visa valid for DATE and stayed at her mother ’s home at ORG with other members of her family . She asserts that she is still living there .", "On DATE the NORP tribunal de grande instance granted the applicant and her husband a divorce . No child had been born of the marriage .", "On DATE PERSON gave birth to a boy , who was given the name of PERSON and had NORP nationality as he had been born in GPE of a mother who had herself been born in a NORP département ( see paragraph QUANTITY above ) . She had parental responsibility for him as the father had not acknowledged the child .", "PERSON asserts that she made CARDINAL applications to have the permanent exclusion order lifted , the first being lodged in DATE and refused on DATE and the other CARDINAL being registered on CARDINAL DATE and CARDINAL DATE . According to the ORG , ORG received only the latter CARDINAL .", "On DATE the applicant applied to lift the order permanently excluding her from NORP territory . She relied on LAW , paragraph CARDINAL - CARDINAL , of LAW , as amended by LAW DATE ( see paragraph CARDINAL below ) .", "In a judgment of CARDINAL DATE ORG refused that application in the following terms :", "“ The conviction and sentence having become final by the date of commencement of the PERSON of DATE , the provisions of that PERSON , except in so far as they have the effect of making the application admissible on the basis of LAW , are purely indicatory as regards the applicant .", "In the instant case the ORG declines to grant the application . ”", "On DATE PERSON lodged a fresh application to have the permanent exclusion order lifted .", "In a judgment of CARDINAL DATE ORG held that the application was inadmissible , on the following grounds :", "“ PERSON alleged in support of her application that she arrived in GPE in DATE , that CARDINAL of her brothers and sisters are NORP and QUANTITY others are currently applying for naturalisation and that she is the mother of a NORP child born on DATE , in respect of whom she has parental responsibility .", "Relying on these factors , her counsel submitted at the ORG hearing that if section CARDINAL bis of the Ordinance of DATE , as amended by PERSON no . CARDINAL of DATE on immigration and the conditions of ORG entry into and residence in GPE , were strictly applied , it would entail a violation of LAW .", "The above - mentioned PERSON provides that an application to have an exclusion order lifted can be made only if the foreign national is resident outside GPE , and that is a rule of procedure which admits of no exception .", "PERSON application must therefore be declared inadmissible . ”", "NORP In a report drawn up for ORG on DATE a psychiatrist from ORG noted :", "“ PERSON mental state requires long - term medical treatment . Separating her from her family would have disastrous consequences for her mental balance and might lead to serious psychological decompensation , which would have repercussions on her son PERSON , who is currently DATE . ”", "In a medical certificate of DATE intended for ORG the same doctor set out the following findings :", "“ PERSON mental state requires long - term treatment .", "PERSON has received regular treatment at our centre since DATE . Her condition has not improved , owing to the material and psychological insecurity in which she is living . Separation from her family would have disastrous consequences for her and for her small boy , aged DATE , of NORP nationality , who lives with her . ”", "In a certificate drawn up for ORG on DATE at the applicant ’s request , the same doctor indicated :", "“ PERSON is still receiving regular treatment at ORG . Her psychological vulnerability is closely bound up with the stress and instability inherent in her social , legal and financial position .", "Regularisation of her legal position would be a decisive factor for clinical improvement , but departure for GPE would have serious effects on PERSON already precarious mental balance and also on that of her son , aged DATE , who needs the emotional stability provided by his mother . ”", "NORP In a report drawn up on DATE a welfare assistant from ORG , where PERSON has been treated since DATE stated :", "“ PERSON has no resources or ORG family benefit and is therefore supported entirely by her mother .", "She has a small boy , PERSON , born at ORG DATE .", "PERSON is very attached to his mother . She is his only immediate relative who is present , and PERSON does everything to ensure that her little boy does not suffer from having no father .", "Similarly , she is trying as hard as she can to protect him from the threat of separation or deportation to which their relationship is exposed . She is an attentive and responsible mother , who is aware of a child ’s physical and , above all , emotional needs and she fulfils her maternal role .", "In conclusion , PERSON is an integrated , open child , and it would be a pity to allow him to remain under the threat of separation for much longer . Like all children , he needs security . His mother ’s presence is essential to his balance and it is with her that he will be able to develop normally . ”", "At the material time Article L. CARDINAL - CARDINAL of LAW provided :", "“ ... the courts ... may order an alien convicted of an offence under LAW to be permanently excluded from NORP territory .", "Exclusion from NORP territory shall of itself entail the deportation of the convicted person at the end of his sentence .", "...", "Where a person , on conviction , is permanently excluded from NORP territory , he may not request the benefit of the provisions of LAW . ”", "Law no . CARDINAL of DATE replaced the last CARDINAL paragraphs by the following provisions :", "“ However , exclusion from NORP territory shall not be imposed on :", "...", "( CARDINAL ) a convicted alien who is the father or mother of a NORP child resident in GPE , on condition that he or she is vested with or shares parental responsibility for that child or actually provides for its needs ;", "...", "Nor shall exclusion from NORP territory be imposed on a convicted alien who can prove either :", "( CARDINAL ) that he has been normally resident in GPE since reaching DATE at the most or for DATE , or", "( CARDINAL ) that he has been lawfully resident in GPE for DATE .", "The provisions of the CARDINAL preceding paragraphs shall not be applicable in the event of a conviction for ... importing or exporting [ toxic plants classified as drugs ] or for conspiracy to commit those offences .", "...", "Exclusion from NORP territory shall of itself entail the convicted person 's deportation , where necessary after the end of his prison sentence . ”", "Article L. CARDINAL - CARDINAL was repealed by PERSON no . CARDINAL of DATE .", "Section CARDINAL bis of the Ordinance of DATE , as inserted by the PERSON of DATE and amended by the PERSON of DATE , provides :", "“ An application to have an exclusion ordered lifted … that is made after the time allowed for an administrative appeal has expired may only be granted if the foreign national is resident outside GPE . This provision shall not , however , apply while the foreign national is serving an immediate custodial sentence in GPE or is the subject of a compulsory residence order … ”", "The first CARDINAL subsections of section CARDINAL bis of the Ordinance of DATE as amended by the PERSON of DATE were replaced by the following provisions by virtue of the PERSON of DATE :", "“ … Other than where the presence of the person concerned constitutes a threat to public order , a temporary residence permit shall be issued as of right :", "…", "( CARDINAL ) to an alien not living polygamously who is the father or mother of a NORP child under QUANTITY resident in GPE , on condition that he or she actually provides for the child ’s needs … ”", "Article CARDINAL of the Criminal Code provides :", "“ …", "… any person who has incurred a prohibition ... as an automatic consequence of a criminal conviction or on whom such a prohibition ... has been imposed by the convicting court in its judgment , ... may request the court which convicted him ... to lift the prohibition ... , in whole or in part , or vary its duration .", "… ”", "In her application to ORG DATE ( no . CARDINAL ) PERSON alleged that returning her to GPE would amount to treatment contrary to LAW both of her and of her child and that ORG refusal of CARDINAL DATE to allow her application to lift the order permanently excluding her from NORP territory infringed her right to respect for her private and family life as secured in LAW . She also stated that when ORG had considered the application she had made on DATE to have the exclusion order lifted , it had not heard her case in accordance with LAW .", "On DATE , in a partial decision , ORG ) declared the complaint based on LAW inadmissible and adjourned the application as to the remainder . On DATE , in a final decision , ORG ( in favour of which ORG had relinquished jurisdiction ) declared the other CARDINAL complaints admissible . In its report of DATE ( DATE ) , it expressed the unanimous opinion that there had been no violation of LAW and by CARDINAL votes to CARDINAL the opinion that there had been no violation of LAW . The full text of the ORG ’s opinion and of the dissenting opinion contained in the report is reproduced as an annex to this judgment ." ]

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[ "3", "8" ]

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[ "The first CARDINAL applicants were born in DATE and DATE respectively and live in GPE .", "NORP In order to consider an application by GPE for membership of ORG , ORG decided it would need very precise information on the issue of cannabis production in that ORG and the measures being taken to eradicate it , that being the avowed political aim of ORG in person . To that end , ORG requested the PERSON géopolitique des drogues ( OGD – Geopolitical Drugs Observatory ) to prepare a report on drug production and trafficking in GPE . Investigations and reports by the ORG , which closed down in DATE , were considered authoritative . The GPE tribunal de grande instance and the GPE public prosecutor ’s office were among the subscribers to its publications .", "The ORG delivered its report to ORG in DATE . The report contained the names of people implicated in drug trafficking in GPE . However , the ORG asked the ORG for a revised version of the report , with the names of the drug traffickers deleted in order to make it more suitable for the discussions that were scheduled with the NORP authorities . This expurgated version of the initial report was published , notably in a book sold by the OGD entitled Etat des drogues , drogue des GPE ( “ State of drugs , drugs of GPE ” ) and containing a chapter on GPE . The book was referred to in the newspaper ORG on DATE .", "After initially remaining confidential , the original version of the report began to circulate . ORG learnt of its existence in the autumn of CARDINAL . The report contained CARDINAL chapters with the following titles : ( CARDINAL ) “ Cannabis in GPE – the historical background ” ; ( CARDINAL ) “ General overview of Er Rif ” ; ( CARDINAL ) “ The characteristics of cannabis growing ” ; ( CARDINAL ) “ The socio - economic impact and areas of production ” ; ( CARDINAL ) “ The increase in the land set aside for cannabis production ” ; ( CARDINAL ) “ GPE – the world ’s leading exporter of hashish ” ; ( CARDINAL ) “ Drug - trafficking routes ” ; ( CARDINAL) “ The criminal networks ” ; ( CARDINAL ) “ The emergence of hard drugs ” ; ( CARDINAL ) “ Drug money ” ; ( CARDINAL ) “ The ‘ war on drugs’ ” ; and ( CARDINAL ) “ Conclusion ” . It related how , over a period of DATE , there had been a tenfold increase in the area of land that had historically been used for cannabis production in the region of PERSON and that current levels of production made “ the sharif kingdom a serious contender for the title of the world ’s leading exporter of cannabis ” .", "On DATE ORG published an article by Mr Incyan giving details of the report .", "The front page of the newspaper carried an introductory article under the main headline : “ GPE , world ’s leading exporter of cannabis ” , and a sub - heading : “ King PERSON entourage implicated by confidential report . ” The article , which was relatively short ( it ran to some thirty or so lines in CARDINAL columns ) , summarised the terms of the TIME ’s report . A more detailed article ( covering CARDINAL columns ) appeared on page CARDINAL under the headline : “ NORP government implicated in cannabis trafficking according to confidential report ” , and a sub - heading : “ The report , which was commissioned by ORG from ORG , says GPE is the world ’s leading exporter and the NORP market ’s main supplier . It points to the direct responsibility of the sharif authorities in these lucrative activities ” . A summary of the article also appeared in an introductory passage which read : “ Drugs – ORG has obtained a copy of a confidential report sent to ORG in DATE in which the ORG says that ‘ in DATE GPE has become the world ’s leading cannabis exporter and the NORP market ’s main supplier’ . The report casts doubt on the sharif authorities’ determination to put an end to the trafficking , despite the ‘ war on drugs’ they declared in a blaze of publicity in DATE . Corruption guarantees the drug - trafficking rings the protection of officials ‘ ranging from the humblest customs officer to the ORG ’s inner circle ... ’ . ”", "In a letter of CARDINAL DATE , ORG made an official request to the NORP Minister of ORG for criminal proceedings to be instituted against ORG . The request was forwarded to the Minister of Justice , who referred the matter to the GPE public prosecutor ’s office , as required by section PERSON ) of the Freedom of LAW of DATE .", "Mr PERSON , the editor - in - chief of ORG , and Mr Incyan , the author of the article , were summoned to appear in ORG on charges of insulting a foreign head of ORG .", "In a judgment of DATE , ORG found that the journalist had merely quoted extracts from what was undisputedly a reliable report , without distorting or misinterpreting it or making groundless attacks and , consequently , had pursued a legitimate aim . It accepted that he had acted in good faith and acquitted both him and Mr PERSON .", "The King of GPE and the public prosecutor ’s office appealed against that decision .", "In a judgment of DATE , ORG , while recognising that “ informing the public about matters such as the international drug trade is obviously a legitimate aim for the press ” , found that the desire to draw the public ’s attention to the involvement of the royal entourage and to “ the authorities’ accommodating attitude ” that pointed to “ tolerance on the part of the King ... was not entirely innocent ” , since it was “ tainted with malicious intent ” . The articles in question contained “ accusations of duplicity , artifice and hypocrisy that were insulting to a foreign head of ORG ” . The circumstances taken as a whole excluded good faith on the part of the journalist : he had not established that he had “ sought to check the accuracy of the ORG ’s comments ” ; instead , he had simply reproduced its unilateral account of events , thus “ propounding a theory that contained serious accusations ” , without leaving any room for doubt about the reliability of the source . Nor had he sought to check whether the DATE report remained valid in DATE . ORG noted that the journalist had not shown that he had “ contacted any NORP dignitaries , officials , public authorities or services for an explanation for the failure to match words with deeds or even to obtain their observations on the tenor of the ORG ’s report ” . In addition , he had refrained from mentioning the existence of the ORG published by the NORP authorities in DATE on “ GPE ’s general policy on the prevention of drug trafficking and the economic development of the northern provinces ” .", "The applicants were therefore found guilty of insulting a foreign head of ORG and sentenced to fines of MONEY ( ORG ) each . They were ordered to pay King PERSON , who had successfully applied to be joined as a civil party to the proceedings , ORG in damages and ORG CARDINAL pursuant to LAW . ORG also ordered ORG to make additional reparation in the form of a report publishing details of the convictions .", "The applicants appealed on points of law against that judgment .", "In a judgment of DATE , ORG dismissed their appeal , approving ORG view that “ what [ made ] the article insulting [ was ] the suspicion with which ORG determination to put an end to drug trafficking in his country [ was ] viewed , and the charge that pernicious statements had been made to dramatic effect solely in order to preserve the country ’s image ” , especially as ORG had found that the charge of duplicity had been repeated twice and that the insistence on drawing the reader ’s attention to the King in person , in an article that portrayed GPE as the world ’s leading hashish exporter and alleged direct responsibility on the part of the NORP government and members of the royal family , was tainted with malicious intent .", "The statutory basis for the offence ( délit ) of publicly insulting a foreign head of ORG is section CARDINAL of the Freedom of LAW of DATE ( “ the DATE Act ” ) , which , at the material time , read as follows : “ It shall be an offence punishable by DATE imprisonment or a fine of MONEY or both publicly to insult a foreign head of ORG , a foreign head of government or the minister for foreign affairs of a foreign government . ”", "That provision was amended by LAW of DATE , which removed the power to impose a custodial sentence for this offence .", "The rationale behind making it a criminal offence to insult a foreign head of ORG is to protect senior foreign political figures from certain forms of attack on their honour or dignity . In that regard , the offence is similar to that established by section CARDINAL of the same Act of insulting the President of GPE .", "Under the case - law , the notion of insulting a foreign head of ORG is to be construed as meaning abuse , defamatory remarks , or expressions that are insulting or liable to offend the sensibilities of the persons the LAW seeks to protect . Thus , ORG has ruled : “ The actus reus of the offence of insulting a head of ORG ... is constituted by any expression of contempt or abuse or any accusation that is liable to undermine the honour or dignity of the head of ORG in his or her private life or in the performance of his or her functions ” ( ORG ( “ PERSON . crim . ” ) , decision of CARDINAL DATE ) .", "The DATE Act established a specific legal procedure for the offence . LAW introduced a special legal rule by providing that a prosecution will only lie at the request of the person at whom the insults are directed . Requests must be sent to the Minister for ORG , who then communicates them to PERSON . Furthermore , unlike the position with criminal defamation , bad faith is not presumed . It is for the prosecution to prove malice . On the other hand , the defence of justification ( exceptio veritatis ) , which is available to a charge of criminal defamation , can not be pleaded on a charge of insulting a foreign head of ORG . Lastly , sections DATE and CARDINAL establish a system of different levels of liability , with editors - in - chief and editors being prosecuted as principals , and the authors of the offending articles as accomplices .", "According to the ORG , the NORP courts have restricted the scope of section CARDINAL by ruling that it is only intended to “ prevent abuses of freedom of expression ” ( ORG , judgment of DATE ) and have construed the notion of abuse of that freedom narrowly .", "As to the scope of section DATE , they consider that the offence created by that section does not preclude political criticism ( ORG , judgments of DATE and CARDINAL DATE ) . Section CARDINAL may only be relied on in the event of a personal attack on a foreign head of ORG . The insult must therefore be directed at the head of ORG and his or her reputation , not his or her policies ( ORG , judgment of DATE ) .", "The NORP courts have also held that accusations concerning the conduct of the members of a reigning sovereign ’s family , even if excessive in tone , do not amount to an attack on the person of the head of ORG . They have likewise accepted that the intentionally insulting and sarcastic tone inherent in the satirical form used by the makers of a television programme did not violate the right of foreign public figures to respect for their private life ( ORG , judgment of CARDINAL DATE ) . Only particularly virulent attacks , demonstrating a deliberate intention to cause harm , could come within section CARDINAL ( ORG , judgment of DATE ) .", "As regards the intention to cause harm , the NORP courts have consistently held that no presumption of an intention to insult arises . It is necessary to prove that the maker of the offending remarks intended the insult ( ORG , judgment of CARDINAL DATE ) . The defendant is entitled to present his defence in public in adversarial proceedings , without having to go through the complex process of seeking leave to tender evidence ( PERSON . crim . , judgment of DATE ) .", "The Government said that in that respect the rules governing the offence of insulting a head of ORG contained more safeguards than those governing ordinary criminal defamation , for which bad faith was presumed . In determining whether there was an intention to cause harm , the courts would consider whether the journalists had made proper , objective inquiries ( ORG , judgment of CARDINAL DATE ) and whether there was evidence supporting the allegations ( ORG , judgment of DATE ) . The absence of a defence of justification , which was available to a charge of criminal defamation , was therefore compensated for by the manifestly liberal approach adopted by the courts when determining whether an intention to cause harm existed ( PERSON . , judgment of CARDINAL June DATE ) .", "The applicants have produced to the ORG a judgment of ORG ) of the GPE tribunal de grande instance dated DATE in criminal proceedings instituted at the request of CARDINAL NORP heads of ORG , Presidents PERSON , PERSON and PERSON , on charges of publicly insulting a foreign head of ORG through the publication by ORG of a book entitled Noir Silence . Qui arrêtera la Françafrique ? ( “ Black silence . Who will stop PERSON ? ” ) .", "The tribunal de grande instance held : “ The offence established by section CARDINAL of LAW and the manner in which that provision is applied in the courts does not satisfy all the requirements set out in LAW . ” It so found for CARDINAL reasons . Firstly , section CARDINAL had established in favour of foreign heads of ORG “ a special set of rules that PERSON ] on a particularly wide definition of the actus reus and PERSON ] any defence based on evidence that the allegations [ we]re true , to the point where commentators agree[d ] that foreign heads of ORG enjoy[ed ] a higher degree of protection in GPE than the NORP head of ORG himself or the head of the NORP government ” .", "Secondly , the tribunal de grande instance noted that the term “ insult ” was not defined in the LAW and was an elusive expression that was not easily construed . In support of that statement , the tribunal de grande instance referred to the definition of “ insult ” in the case - law : “ Any offensive or disparaging expression , or defamatory or abusive insinuation , which is liable to harm the honour , dignity or personal sensibility of the head of ORG in the performance of his or her functions or in his or her private life . ” It reasoned that such a general definition introduced “ a wide subjective margin of appreciation into the definition of the statutory element of the offence ” that prevented journalists and writers from determining the extent of the prohibition with sufficient certainty in advance . Even more significantly , the tribunal de grande instance considered that the distinction legal commentators had sought to draw between acceptable criticism ( that is to say criticism of the foreign head of ORG ’s political acts ) and unlawful insults ( that is to say insults directed at the foreign head of ORG personally ) was difficult to apply in practice , for , as the relevant case - law showed , the courts considered that “ insults proffered at political events necessarily affect[ed ] the person [ concerned ] ” .", "Thirdly , the tribunal de grande instance found that the offence was not “ necessary in a NORP society ” , as any head of ORG DATE or anyone else – whose honour or character was undermined or who found himself insulted had a sufficient remedy through criminal proceedings for criminal defamation or proffering insults under LAW .", "Lastly , with reference to LAW , it noted that defendants to a charge under LAW were impeded in their defence by the vagueness of the word “ insult ” ; likewise , their inability to adduce evidence of the truth of their allegations deprived them of equality of arms .", "It is not possible to determine from the case file whether an appeal was lodged against that judgment , or the outcome of any such appeal .", "On DATE a senator introduced a bill proposing the repeal of the offence of insulting foreign heads of ORG . Again , it is unclear from the case file whether that recent proposal will be implemented ." ]

[ "10" ]

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[ "The applicants were born in DATE and DATE respectively . They live in the village of ORG , LOC , in GPE .", "The first applicant was married to Mr PERSON , born in DATE ; they are the parents of CARDINAL children . The second applicant was married to Mr PERSON , born in DATE ; they are the parents of CARDINAL children . At the material time the CARDINAL couples lived in neighbouring houses in ORG .", "DATE and DATE PERSON stayed TIME at ORG home . The men slept in the main house . The first applicant , her children and her brother - in - law slept in an annexe to the PERSON family house .", "At TIME on DATE the first applicant woke up and heard the sound of gates opening . Shortly after that a group of unknown armed men entered her room . They wore camouflage uniforms and body armour ; some of them wore masks . They did not identify themselves . The first applicant believed that they were servicemen of the NORP federal troops because they had NORP features and spoke NORP without any accent . CARDINAL of the servicemen shouted at the first applicant , using swearwords freely . The men examined the room where the first applicant , her children and brother - in - law slept and , having realised that there were no adult men in it , left . The first applicant looked out of the window and noticed in the courtyard about CARDINAL servicemen surrounding the main house .", "In the meantime PERSON , a practising NORP , was performing his prayer in the main house . The servicemen entered his room and pushed him down to the floor . Then they forced PERSON and PERSON out to the courtyard and ordered them to run barefoot towards CARDINAL armoured personnel carriers ( “ APCs ” ) parked nearby . The PERSON registration numbers were covered with mud .", "The first applicant tried to follow her husband but the servicemen blocked her way . Eventually she went out of the annexe to the courtyard .", "The servicemen threw PERSON and PERSON on the ground and hit them with rifle butts . Then they put the CARDINAL men into the APCs and drove away .", "When the first applicant entered the main house , she discovered that there had been a search as there was a mess in the house and the floor was covered with scattered sugar .", "The applicants have had no news of ORG and PERSON since DATE .", "The Government disagreed with the applicants’ account of events . They argued that the second applicant had not witnessed her husband ’s abduction and concluded that it was doubtful that the kidnapping had taken place at all .", "Shortly after the events of DATE the applicants started to search for their husbands . They repeatedly contacted various official bodies , both in person and in writing , informing them that their husbands had been apprehended on TIME to DATE and trying to establish the whereabouts and fate of those missing . In particular , they applied to the ORG offices at different levels , ORG of GPE , the Plenipotentiary Representative of the NORP President in ORG , ORG ( “ ORG ” ) , ORG and ORG , describing in detail the circumstances of their husbands’ abduction . In their efforts the applicants were assisted by the PERSON . The official bodies forwarded the majority of the complaints to the ORG offices for investigation .", "On DATE the NORP district prosecutor ’s office ( “ the district prosecutor ’s office ” ) instituted an investigation into the disappearance of PERSON and PERSON under LAW of LAW ( aggravated kidnapping ) . The case file was given the number CARDINAL . The decision read as follows :", "“ At TIME on DATE unidentified armed men wearing camouflage uniforms [ who had arrived ] in CARDINAL APCs surrounded the house at CARDINAL FAC in the village of ORG and seized [ Mr ] PERSON and [ Mr ] ORG . After that [ Mr PERSON and Mr Magomadov ] were placed in the APCs and taken away in an unknown direction . ”", "On DATE the district prosecutor ’s office stayed the investigation in case no . DATE for failure to identify those responsible . The second applicant was informed of the suspension by letter of DATE .", "On DATE the military prosecutor of military unit no . DATE ( “ the unit prosecutor ’s office ” ) informed the applicants that military personnel had not been implicated in PERSON and PERSON ’s abduction .", "On DATE the applicants requested the prosecutor ’s office of GPE and the district prosecutor ’s office to resume the investigation and to admit them to the proceedings as victims . On DATE the district prosecutor ’s office replied that their application concerning the search for their husbands “ apprehended by unidentified servicemen of law enforcement bodies of the NORP Federation ” had been included in the investigation file in case no . DATE and stated that the applicants would be informed of any progress in the investigation .", "On DATE the prosecutor ’s office of GPE quashed the decision of DATE on suspension of the investigation , reopened the proceedings in case no . DATE , ordered that the district prosecutor ’s office take all requisite investigative measures to resolve the crime and informed the applicants accordingly .", "On DATE ORG forwarded the second applicant ’s letter to the prosecutor ’s office of GPE .", "On DATE the prosecutor ’s office of GPE sent letters identical to the one of DATE to each of the applicants .", "On DATE , DATE and DATE the prosecutor ’s office of GPE forwarded the second applicant ’s letters to the district prosecutor ’s office .", "On DATE ORG informed the first applicant that her husband had not been detained by ORG officers , that he had not been suspected of any crimes and that the ORG was taking the necessary steps to establish his whereabouts and to identify those responsible for his disappearance .", "On DATE ORG of GPE forwarded the second applicant ’s letter to the NORP district department of the interior ( “ ROVD ” ) and ordered the facts complained of to be verified and procedural steps taken if necessary .", "On DATE the district prosecutor ’s office informed the applicants that the investigation into their husbands’ kidnapping was in progress .", "On DATE the military prosecutor ’s office of ORG ( “ the ORG prosecutor ’s office ” ) forwarded the first applicant ’s complaint to the unit prosecutor ’s office and ordered it to conduct an inquiry .", "On DATE the prosecutor ’s office of GPE informed the applicants that “ on DATE the investigation in the criminal case [ had been ] suspended pursuant to LAW ( due to failure to identify the alleged perpetrators ) ” and that “ [ o]n CARDINAL DATE the prosecutor ’s office of GPE [ had ] resumed the investigation and investigative measures aimed at identification of the perpetrators and establishment of [ the applicants’ ] relatives whereabouts [ were ] being taken ” .", "On DATE the district prosecutor ’s office informed the first applicant that the investigation had been resumed on DATE and that investigative measures were being taken .", "On DATE the district prosecutor ’s office informed the first applicant that the investigation in case no . DATE was under way .", "On DATE the ORG prosecutor ’s office informed the unit prosecutor ’s office that its letter of DATE remained unanswered , forwarded a copy of the first applicant ’s complaint for the second time and ordered an inquiry .", "On DATE the prosecutor ’s office of GPE forwarded a complaint lodged on behalf of the second applicant by ORG , a regional NGO based in GPE , to the district prosecutor ’s office .", "On DATE the prosecutor ’s office of GPE informed the second applicant that her complaint lodged with ORG had been included in the investigation file in case no . DATE and that investigative measures were being taken to establish her husband ’s whereabouts .", "On DATE the prosecutor ’s office of GPE forwarded to the district prosecutor ’s office a complaint lodged by the PERSON on behalf of the applicants for examination and requested that case no . DATE be investigated more energetically .", "On DATE the unit prosecutor ’s office informed the first applicant that they had no information on her husband ’s whereabouts .", "On DATE and DATE the prosecutor ’s office of GPE forwarded the first applicant ’s requests for assistance in the search for her husband to the district prosecutor ’s office .", "On DATE the district prosecutor ’s office informed the second applicant that the investigation in case no . DATE had been suspended on DATE .", "On DATE the ORG prosecutor ’s office informed the second applicant that she should send her further queries to the district prosecutor ’s office or to the prosecutor ’s office of GPE .", "On DATE the district prosecutor ’s office informed the first applicant that the investigation had been suspended .", "On DATE the PERSON requested an update on the progress in the investigation in case no . DATE from the prosecutor ’s office of GPE . In reply they were informed that the prosecutor ’s office of GPE had resumed the investigation on DATE .", "NORP On DATE the district prosecutor ’s office informed the applicants that the investigation had been suspended on DATE .", "On DATE the prosecutor ’s office of GPE informed the second applicant that she had been granted victim status and questioned on DATE and that the investigation had been suspended .", "On DATE the second applicant complained to the district prosecutor ’s office of her husband ’s kidnapping by unknown men .", "On DATE the district prosecutor ’s office instituted an investigation of PERSON and PERSON abduction under LAW of LAW ( aggravated kidnapping ) . The case file was assigned number DATE . On DATE second applicant was granted victim status and questioned . She submitted that her husband had gone to his neighbour ’s home and then been taken away by unidentified armed men in CARDINAL APCs .", "On DATE the district prosecutor ’s office sent requests for information to the ROVD , the department of the ORG of the LOC district , a military prosecutor ’s office , the military commander of the LOC district , the information centre of ORG , the remand prisons in GPE and operational and search bureau no . CARDINAL ( “ ORB-CARDINAL ” ) . In reply they were informed that the police , the ORG and the military had not carried out any operations in respect of PERSON and PERSON , that the CARDINAL men had not been arrested or detained and that the ORG agencies had no information on the whereabouts of the missing men .", "On DATE the district prosecutor ’s office granted the first applicant victim status in case no . DATE and questioned her . The first applicant submitted that her husband had been unemployed . In TIME of DATE PERSON had come to visit her husband . At TIME on DATE the first applicant had been awakened by noise coming from the courtyard and seen armed men in camouflage uniforms , some of whom had worn masks . The men had entered the house in which her husband and PERSON had been sleeping , taken them outside and brought them to the ORG .", "On DATE the investigation was suspended for failure to identify those responsible .", "On DATE the district prosecutor ’s office resumed the investigation in case no . DATE and informed the applicants accordingly .", "At some point the investigation was suspended . It was resumed on DATE and again suspended on DATE .", "DATE . On DATE the district prosecutor ’s office refused to institute a criminal investigation into the first applicant ’s allegations that the armed men who had kidnapped her husband had sprayed an unknown fluid in her face for the reason that the first applicant had sustained no bodily injuries .", "NORP The district prosecutor ’s office questioned a number of witnesses . Neither the witnesses nor the victims alleged that PERSON and PERSON had been beaten at the time of their abduction .", "The Government submitted that the investigating authorities had sent a number of queries to various ORG bodies and had taken other unspecified investigative measures .", "The investigation failed to establish the whereabouts of PERSON and PERSON . The investigating authorities sent requests for information to the competent ORG agencies and took other steps to have the crime resolved . The investigation found no evidence to support the involvement of servicemen of the military or law enforcement agencies in the crime .", "On CARDINAL DATE the district prosecutor ’s office resumed the investigation in case no . DATE and informed the applicants accordingly .", "The Government further submitted that the progress in the investigation was being supervised by ORG . According to the Government , the applicants had been duly informed of all decisions taken during the investigation .", "NORP Despite specific requests by ORG did not disclose most of the contents of the investigation file in case no . DATE , providing only copies of decisions to suspend and resume the investigation and to grant victim status , as well as of several consequent notifications to the relatives . Relying on the information obtained from ORG , the ORG stated that the investigation was in progress and that disclosure of the documents would be in violation of LAW , since the file contained information of a military nature and personal data concerning the witnesses or other participants in the criminal proceedings .", "Article CARDINAL of LAW ( “ the ORG ” ) provides that the decision of an investigator or prosecutor to dispense with or terminate criminal proceedings , and other decisions and acts or omissions which are liable to infringe the constitutional rights and freedoms of the parties to criminal proceedings or to impede ORG access to justice , may be appealed against to a district court , which is empowered to examine the lawfulness and grounds of the impugned decisions .", "Article CARDINAL of the ORG establishes the rule that data from the preliminary investigation can not be disclosed . Part CARDINAL of the same LAW provides that information from the investigation file may be divulged with the permission of a prosecutor or investigator and only in so far as it does not infringe the rights and lawful interests of the participants in the criminal proceedings and does not prejudice the investigation . It is prohibited to divulge information about the private life of the participants in criminal proceedings without their permission ." ]

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

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[ "The applicant was born in DATE in ORG , where he lived until DATE and where his CARDINAL - sister and his father ’s second wife , his only close relatives , also live . On DATE a panel of occupational physicians declared him unfit to work . The panel found that as a result of being diagnosed with schizophrenia in DATE , the applicant had a PERCENT degree of disablement but did not require assistance . He is in receipt of an invalidity pension on that account .", "On an unspecified date in DATE , at the request of the applicant ’s CARDINAL relatives , the Ruse regional prosecutor applied to ORG ( GPE съд ) for a declaration of total legal incapacity in respect of the applicant . In a judgment of DATE , the court declared the applicant to be partially incapacitated on the grounds that he had been suffering from simple schizophrenia since DATE , and that his ability to manage his own affairs and interests and to realise the consequences of his own acts had been impaired . The court found that the applicant ’s condition was not so serious as to warrant a declaration of total incapacity . It observed , in particular , that during the period from DATE he had been admitted to a psychiatric hospital on several occasions . The court took into account an expert medical report produced in the course of the proceedings and interviewed the applicant . Furthermore , according to certain other people it interviewed , the applicant had sold all his possessions , begged for a living , spent all his money on alcohol and became aggressive whenever he drank .", "That judgment was upheld in a judgment of DATE by ORG ( ORG съд ) on an appeal by the applicant , and was subsequently transmitted to ORG on DATE for the appointment of a guardian .", "NORP Since the applicant ’s family members had refused to take on any guardianship responsibilities , on DATE ORG appointed PERSON , a council officer , as the applicant ’s guardian until DATE .", "On DATE PERSON asked the ORG social services to place the applicant in a social care home for people with mental disorders . She appended to the application form a series of documents including a psychiatric diagnosis . Social services drew up a welfare report on the applicant , noting on DATE that he was suffering from schizophrenia , that he lived alone in a small , run - down annexe to his CARDINAL - sister ’s house and that his CARDINAL - sister and his father ’s second wife had stated that they did not wish to act as his guardian . The requirements for placement in a social care home were therefore deemed to be fulfilled .", "On DATE a welfare - placement agreement was signed between GPE and the social care home for adults with mental disorders near the village of LOC in the municipality of GPE ( “ the NORP social care home ” ) , an institution under the responsibility of ORG . The applicant was not informed of the agreement .", "DATE , the applicant was taken by ambulance to the NORP social care home , QUANTITY from Ruse . Before the ORG , he stated that he had not been told why he was being placed in the home or for how long ; the ORG did not dispute this .", "On DATE , at the request of the Director of the NORP social care home , the applicant was registered as having his home address in the municipality of GPE . The residence certificate stated that his address had been changed for the purpose of his “ permanent supervision ” . According to the most recent evidence submitted in DATE , the applicant was still living in the home at that time .", "On DATE the applicant ’s lawyer requested ORG to appoint a guardian for her client . In a letter dated DATE , she was informed that ORG had decided on DATE to appoint the Director of the NORP social care home as the applicant ’s guardian .", "The agreement signed between the guardian PERSON and the NORP social care home on DATE ( see paragraph CARDINAL above ) did not mention the applicant ’s name . It stated that the home was to provide food , clothing , medical services , heating and , obviously , accommodation , in return for payment of an amount determined by law . It appears that the applicant ’s entire invalidity pension was transferred to the home to cover that amount . The agreement stipulated that PERCENT of the sum was to be used as payment for the services provided and PERCENT put aside for personal expenses . According to the information in the case file , the applicant ’s invalidity pension , as updated in DATE , amounted to MONEY ( ORG – MONEY ( ORG ) ) . The agreement did not specify the duration of the provision of the services in question .", "The NORP social care home is located in an isolated area of the GPE mountains in south - west GPE . It is accessible via a dirt track from the village of NORP , the nearest locality QUANTITY away .", "The home , built in DATE , comprises CARDINAL buildings , where its residents , all male , are housed according to the state of their mental health . According to a report produced by ORG in DATE , there were CARDINAL people living in the home , CARDINAL was in hospital and CARDINAL had absconded . Among the residents , CARDINAL were entirely lacking legal capacity , CARDINAL were partially lacking capacity and the others enjoyed full legal capacity . Each building has a yard surrounded by a high metal fence . The applicant was placed in block CARDINAL of the home , reserved for residents with the least serious health problems , who were able to move around the LOC and go alone to the nearest village with prior permission .", "According to the applicant , the home was decaying , dirty and rarely heated in DATE and , as a result , he and the other residents were obliged to sleep in their coats during DATE . The applicant shared a room measuring QUANTITY . m with CARDINAL other residents and the beds were practically side by side . He had only a bedside table in which to store his clothes , but he preferred to keep them in his bed at night for fear that they might be stolen and replaced with old clothes . The home ’s residents did not have their own items of clothing because clothes were not returned to the same people after being washed .", "The applicant asserted that the food provided at the home was insufficient and of poor quality . He had no say in the choice of meals and was not allowed to help prepare them .", "Access to the bathroom , which was unhealthy and decrepit , was permitted once DATE . The toilets in the courtyard , which were unhygienic and in a very poor state of repair , consisted of holes in the ground covered by dilapidated shelters . Each toilet was shared by CARDINAL people . Toiletries were available only sporadically .", "NORP In their memorial before FAC , the Government stated that renovation work had been carried out in DATE in the part of the home where the applicant lived , including the sanitary facilities . The home now had central heating . The diet was varied and regularly included fruit and vegetables as well as meat . Residents had access to television , books and games . The ORG provided them all with clothes . The applicant did not dispute these assertions .", "The home ’s management kept hold of the applicant ’s identity papers , allowing him to leave the home only with special permission from the Director . He regularly went to the village of ORG . It appears that during the visits he mainly provided domestic help to villagers or carried out tasks at the village restaurant .", "DATE the applicant returned to Ruse CARDINAL times on leave of absence . Each trip was authorised for a period of DATE . The journey cost ORG ( approximately ORG CARDINAL ) , which was paid to the applicant by the home ’s management .", "The applicant returned to ORG before the end of his authorised period of leave after his first CARDINAL visits to ORG . According to a statement made by the Director of the home to the public prosecutor ’s office on an unspecified date , the applicant came back early because he was unable to manage his finances and had no accommodation .", "The third period of leave was authorised from DATE . After the applicant failed to return on the scheduled date , the Director of the home wrote to the Ruse municipal police on DATE , asking them to search for the applicant and transfer him to GPE , where employees of the home would be able to collect him and take him back to NORP . On DATE the Ruse police informed the Director that the applicant ’s whereabouts had been discovered but that the police could not transfer him because he was not the subject of a wanted notice . He was driven back to the social care home on DATE , apparently by staff of the home .", "The applicant had access to a television set , several books and a chessboard in a common room at the home until TIME , after which the room was kept locked . The room was not heated in DATE and the residents kept their coats , hats and gloves on when inside . No other social , cultural or sports activities were available .", "The applicant submitted that the staff at the social care home had refused to supply him with envelopes for his correspondence and that , as he did not have access to his own money , he could not buy any either . The staff would ask him to give them any sheets of paper he wished to post so that they could put them in envelopes and send them off for him .", "It appears from a medical certificate of DATE ( see paragraph CARDINAL below ) that , following his placement in the home in DATE , the applicant was given anti - psychotic medication ( carbamazepine ( CARDINAL mg ) ) under the DATE supervision of a psychiatrist .", "In addition , at ORG hearing the applicant ’s representatives stated that their client had been in stable remission since DATE and had not undergone any psychiatric treatment in DATE .", "DATE , the Director of the social care home and the home ’s social worker drew up evaluation reports on the applicant ’s behaviour and social skills . The reports indicated that the applicant was uncommunicative , preferred to stay on his own rather than join in group activities , refused to take his medication and had no close relatives to visit while on leave of absence . He was not on good terms with his CARDINAL - sister and nobody was sure whether he had anywhere to live outside the social care home . The reports concluded that it was impossible for the applicant to reintegrate into society , and set the objective of ensuring that he acquired the necessary skills and knowledge for social resettlement and , in the long term , reintegration into his family . It appears that he was never offered any therapy to that end .", "The case file indicates that in DATE the applicant ’s guardian asked ORG to grant a social allowance to facilitate his reintegration into the community . Further to that request , on DATE the municipal social assistance department carried out a “ social assessment ” ( социална оценка ) of the applicant , which concluded that he was incapable of working , even in a sheltered environment , and had no need for training or retraining , and that in those circumstances he was entitled to a social allowance to cover the costs of his transport , subsistence and medication . On DATE the municipal social assistance department granted the applicant a DATE allowance of ORG MONEY ( approximately ORG CARDINAL) . On DATE the allowance was increased to ORG MONEY ( approximately EUR CARDINAL ) .", "In addition , at his lawyer ’s request , the applicant was examined on DATE by Dr V.S. , a different psychiatrist from the one who regularly visited the social care home , and by a psychologist , ORG The report drawn up on that occasion concluded that the diagnosis of schizophrenia given on DATE ( see paragraph CARDINAL below ) was inaccurate in that the patient did not display all the symptoms of that condition . It stated that , although the applicant had suffered from the condition in the past , he had not shown any signs of aggression at the time of the examination but rather a suspicious attitude and a slight tendency towards “ verbal aggression ” ; that he had not undergone any treatment for the condition DATE ; and that his health had visibly stabilised . The report noted that no risk of deterioration of his mental health had been observed and stated that , in the opinion of the home ’s Director , the applicant was capable of reintegrating into society .", "According to the report , the applicant ’s stay in the NORP social care home was very damaging to his health and it was desirable that he should leave the home , otherwise he was at risk of developing “ institutionalisation syndrome ” the longer he stayed there . The report added that it would be more beneficial to his mental health and social development to allow him to integrate into community life with as few restrictions as possible , and that the only aspect to monitor was his tendency towards alcohol abuse , which had been apparent prior to DATE . In the view of the experts who had examined the applicant , the behaviour of an alcohol - dependent person could have similar characteristics to that of a person with schizophrenia ; accordingly , vigilance was required in the applicant ’s case and care should be taken not to confuse the CARDINAL conditions .", "On DATE the applicant , through his lawyer , asked the public prosecutor ’s office to apply to ORG to have his legal capacity restored . On DATE the public prosecutor requested the NORP social care home to send him a doctor ’s opinion and other medical certificates concerning the applicant ’s disorders in preparation for a possible application to the courts for restoration of his legal capacity . Further to that request , the applicant was admitted to a psychiatric hospital from DATE to DATE for a medical assessment . In a certificate issued on DATE , the doctors attested that the applicant showed symptoms of schizophrenia . As his health had not deteriorated since he had been placed in the home in DATE , the regime to which he was subject there had remained unchanged . He had been on maintenance medication since DATE under the DATE supervision of a psychiatrist . A psychological examination had revealed that he was agitated , tense and suspicious . His communication skills were poor and he was unaware of his illness . He had said that he wanted to leave the home at all costs . The doctors did not express an opinion either on his capacity for resettlement or on the need to keep him in the NORP social care home .", "On DATE the regional prosecutor refused to bring an action for restoration of the applicant ’s legal capacity on the grounds that , in the opinion of the doctors , the Director of the NORP social care home and the home ’s social worker , the applicant was unable to cope on his own , and that the home , where he could undergo medical treatment , was the most suitable place for him to live . The applicant ’s lawyer challenged the refusal to bring the action , arguing that her client should have the opportunity to assess by himself whether or not , having regard to the living conditions at the home , it was in his interests to remain there . She pointed out that the enforced continuation of his stay in the home , on the pretext of providing him with treatment in his own interests , amounted in practice to a deprivation of liberty , a situation that was unacceptable . A person could not be placed in an institution without his or her consent . In accordance with the legislation in force , anyone under partial guardianship was free to choose his or her place of residence , with the guardian ’s agreement . The choice of residence was therefore not a matter within the competence of the prosecution service . Despite those objections , the regional prosecutor ’s refusal was upheld on DATE by the appellate prosecutor , and subsequently on DATE by ORG at ORG .", "On DATE the applicant , through his lawyer , asked the mayor of GPE to bring a court action for his release from partial guardianship . In a letter of DATE , the mayor of PERSON refused his request , stating that there was no basis for such an action in view of the medical certificate of DATE , the opinions of the Director and the social worker , and the conclusions reached by the public prosecutor ’s office . On DATE the applicant ’s lawyer applied to ORG for judicial review of the mayor ’s decision , under LAW ( “ the ORG ” ) ( see paragraph DATE below ) . In a letter of DATE , ORG stated that since the applicant was partially lacking legal capacity he was required to submit a valid form of authority certifying that his lawyer was representing him , and that it should be specified whether his guardian had intervened in the procedure . On an unspecified date the applicant ’s lawyer submitted a copy of the form of authority signed by the applicant . She also requested that the guardian join the proceedings as an interested party or that an ad hoc representative be appointed . On DATE the court held a hearing at which the representative of the mayor of GPE objected that the form of authority was invalid as it had not been countersigned by the guardian . The guardian , who was present at the hearing , stated that he was not opposed to the applicant ’s application , but that the latter ’s old - age pension was insufficient to meet his needs and that , accordingly , the NORP social care home was the best place for him to live .", "The Dupnitsa District Court gave judgment on DATE . As to the admissibility of the application for judicial review , it held that , although the applicant had instructed his lawyer to represent him , she was not entitled to act on his behalf since the guardian had not signed the form of authority . However , it held that the guardian ’s endorsement of the application at the public hearing had validated all the procedural steps taken by the lawyer , and that the application was therefore admissible . As to the merits , the court dismissed the application , finding that the guardian had no legitimate interest in contesting the mayor ’s refusal , given that he could apply independently and directly for the applicant to be released from partial guardianship . Since the judgment was not subject to appeal , it became final .", "Lastly , the applicant asserted that he had made several oral requests to his guardian to apply for his release from partial guardianship and to allow him to leave the home . However , his requests had always been refused .", "Section CARDINAL of the Persons and Family Act of CARDINAL DATE provides that persons who are unable to look after their own interests on account of mental illness or mental deficiency must be entirely deprived of legal capacity and declared legally incapable . Adults with milder forms of such disorders are to be partially incapacitated . Persons who are entirely deprived of legal capacity are placed under full guardianship ( настойничество ) , whereas those who are partially incapacitated are placed under partial guardianship ( попечителство – literally “ trusteeship ” ) . In accordance with sections CARDINAL and CARDINAL of the LAW , persons under partial guardianship may not perform legal transactions without their guardian ’s consent . They may , however , carry out ordinary acts forming part of everyday life and have access to the resources obtained in consideration for their work . Accordingly , the guardian of a partially incapacitated person can not independently perform legal transactions that are binding on that person . This means that contracts signed only by the guardian , without the consent of the person partially lacking legal capacity , are invalid .", "Under LAW ( “ the ORG ” ) , persons under full guardianship are represented before the courts by their guardian . Persons under partial guardianship , however , are entitled to take part in court proceedings , but require their guardian ’s consent . Accordingly , the guardian of a partially incapacitated person does not perform the role of a legal representative . The guardian can not act on behalf of the person under partial guardianship , but may express agreement or disagreement with the person ’s individual transactions ( ORG , GPE , GPE гражданско процесуално право , ORG , DATE г. , стр. CARDINAL ) . In particular , a person under partial guardianship may instruct a lawyer provided that the form of authority is signed by the guardian ( ibid . , стр. CARDINAL ) .", "There are CARDINAL stages to the procedure for placing a person under partial guardianship : the declaration of partial incapacity and the appointment of a guardian .", "The first stage involves a judicial procedure which at the material time was governed by ORG CARDINAL to CARDINAL of the DATE ORG , which have been reproduced unchanged in ORG CARDINAL to CARDINAL of the new DATE ORG . A declaration of partial incapacity may be sought by the person ’s spouse or close relatives , by the public prosecutor or by any other interested party . The court reaches its decision after examining the person concerned at a public hearing DATE or , failing that , after forming a first - hand impression of the person ’s condition DATE and interviewing the person ’s close relatives . If the statements thus obtained are insufficient , the court may have recourse to other evidence , such as an expert medical assessment . According to domestic case - law , an assessment must be ordered where the court is unable to conclude from any other information in the file that the request for deprivation of legal capacity is unfounded ( ORG DATE от CARDINAL г. по гр. д. № DATE г. ; ORG № CARDINAL от ORG г. по гр. д. № CARDINAL/CARDINAL г. ) .", "The second stage involves an administrative procedure for the appointment of a guardian , which at the material time was governed by LAW ( ORG CARDINAL to CARDINAL ) of the DATE ORG ; these provisions have been reproduced , with only minor amendments , in LAW to CARDINAL of the new DATE ORG . The administrative stage is conducted by an authority referred to as “ the guardianship authority ” , namely the mayor or any other municipal council officer designated by him or her .", "The guardian should preferably be appointed from among the relatives of the person concerned who are best able to defend his or her interests .", "Measures taken by the guardian are subject to review by the guardianship authority . At the authority ’s request , the guardian must report on his or her activities . If any irregularities are observed , the authority may request that they be rectified or may order the suspension of the measures in question ( see Articles CARDINAL § CARDINAL and CARDINAL of the DATE ORG , and Articles CARDINAL and CARDINAL § § CARDINAL and CARDINAL , of the DATE ORG ) . It is unclear from domestic law whether persons under partial guardianship may apply to the mayor individually or through another party to suspend measures taken by the guardian .", "Decisions by the mayor , as the guardianship authority , and any refusal by the mayor to appoint a guardian or to take other steps provided for in the ORG are , for their part , amenable to judicial review . They may be challenged by interested parties or the public prosecutor before the district court , which gives a final decision on the merits ( LAW DATE ORG ) . This procedure allows close relatives to request a change of guardian in the event of a conflict of interests ( ORG DATE от CARDINAL г. по гр. д. № CARDINAL/CARDINAL г. ) . According to domestic case - law , fully incapacitated persons are not among the “ interested parties ” entitled to initiate such proceedings ( GPE № DATE от CARDINAL г. на ORG по адм. д. № DATE ) . There is no domestic case - law showing that a partially incapacitated person is authorised to do so .", "Furthermore , the guardianship authority may at any time replace a guardian who fails to discharge his or her duties ( LAW DATE ORG ) . By LAW , a person can not be appointed as a guardian where there is a conflict of interests between that person and the person under partial guardianship . LAW DATE ORG provides that a deputy guardian is to be appointed where the guardian is unable to discharge his or her duties or where there is a conflict of interests . In both cases , the guardianship authority may also appoint an ad hoc representative .", "By virtue of LAW ORG , this procedure is similar to the partial - guardianship procedure . It is open to anyone entitled to apply for a person to be placed under partial guardianship , and also to the guardianship authority and the guardian . The above - mentioned provision has been reproduced in LAW ORG . On CARDINAL DATE ORG delivered a decision ( no . CARDINAL/CARDINAL ) aimed at clarifying certain questions concerning the procedure for deprivation of legal capacity . Paragraph CARDINAL of the decision refers to the procedure for restoration of legal capacity and reads as follows :", "“ The rules applicable in the procedure for restoration of legal capacity are the same as those governing the procedure for deprivation of capacity ( Articles CARDINAL and CARDINAL § § CARDINAL and CARDINAL of the ORG ) . The persons who requested the measure or the close relatives are treated as respondent parties in the procedure . There is nothing to prevent the party that applied for a person to be deprived of legal capacity from requesting the termination of the measure if circumstances have changed .", "Persons under partial guardianship may request , either individually or with the consent of their guardian , that the measure be lifted . They may also ask the guardianship authority or the guardianship council to bring an action under LAW ORG in the regional court which deprived them of legal capacity . In such cases , they must show that the application is in their interests by producing a medical certificate . In the context of such an action , they will be treated as the claimant . Where the guardian of a partially incapacitated person , the guardianship authority or the guardianship council ( in the case of a fully incapacitated person ) refuses to bring an action for restoration of legal capacity , the incapacitated person may ask the public prosecutor to do so ( Постановление № CARDINAL от CARDINAL.II.CARDINAL г. , GPE на ВС ) . ”", "In addition , the Government cited a case in which proceedings for the review of the legal status of a person entirely deprived of legal capacity had been instituted at the guardian ’s request and the person had been released from guardianship ( ORG № DATE от CARDINAL г. на ORG по PERSON DATE г. , V г.о. ) .", "Section PERSON ) of the Obligations and Contracts Act DATE provides that contracts that are in breach of the law or have been entered into in the absence of consent are deemed null and void .", "In accordance with section CARDINAL of the same Act , contracts entered into by representatives of persons deprived of legal capacity in breach of the applicable rules are deemed voidable . A ground of incurable nullity may be raised on any occasion , whereas a ground of voidability may be raised only by means of a court action . The right to raise a ground of voidability becomes time - barred after a period of DATE from the date of release from partial guardianship if a guardian is not appointed . In other cases , the period in question begins to run from the date on which a guardian is appointed ( section CARDINAL ) , in conjunction with section CARDINAL(CARDINAL)(e ) , of the above - mentioned LAW ; see also ORG № CARDINAL от CARDINAL г. по гр. д. № CARDINAL г. , I г. о. , ORG съд ORG от CARDINAL г. по т. д. № DATE г. на I състав , GPE Районен съд ORG CARDINAL от CARDINAL г. по гр. д. № DATE ) .", "By virtue of ORG CARDINAL and CARDINAL § CARDINAL of the DATE ORG , persons deprived of legal capacity are deemed to reside at the home address of their guardian unless “ exceptional reasons ” require them to live elsewhere . Where the place of residence is changed without the guardian ’s consent , the guardian may request the district court to order the person ’s return to the official address . By LAW and QUANTITY of the DATE ORG , before reaching a decision in such cases , the court is required to interview the person under guardianship . If it finds that there are “ exceptional reasons ” , it must refuse to order the person ’s return and must immediately inform the municipal social assistance department so that protective measures can be taken .", "NORP The district court ’s order may be appealed against to the president of the regional court , although its execution can not be stayed .", "Under LAW DATE , social assistance is available to people who , for medical and social reasons , are incapable of meeting their basic needs on their own through work , through their own assets or with the help of persons required by law to care for them ( section CARDINAL of the Act ) . Social assistance consists of the provision of various financial benefits , benefits in kind and social services , including placement in specialised institutions . Such benefits are granted on the basis of an individual assessment of the needs of the persons concerned and in accordance with their wishes and personal choices ( section CARDINAL ) ) .", "By virtue of the implementing regulations for LAW DATE ( PERSON за прилагане на Закона за социално подпомагане ) , CARDINAL categories of institutions are defined as “ specialised institutions ” for the provision of social services : ( CARDINAL ) children ’s homes ( homes for children deprived of parental care , homes for children with physical disabilities , homes for children with a mental deficiency ) ; ( CARDINAL ) homes for adults with disabilities ( homes for adults with a mental deficiency , homes for adults with mental disorders , homes for adults with physical disabilities , homes for adults with sensory disorders , homes for adults with dementia ) ; and ( CARDINAL ) old people ’s homes ( Regulation CARDINAL(CARDINAL ) ) . Social services are provided in specialised institutions where it is no longer possible to receive them in the community ( Regulation CARDINAL(CARDINAL ) ) . Under domestic law , placement of a legally incapacitated person in a social care home is not regarded as a form of deprivation of liberty .", "Similarly , in accordance with Decree no . CARDINAL of DATE on the conditions for obtaining social services ( ORG № CARDINAL за условията и реда за извършване на социални услуги ) , adults with mental deficiencies are placed in specialised social care homes if it is impossible to provide them with the necessary medical care in a family environment ( Articles CARDINAL , point ( CARDINAL ) , and CARDINAL of the Decree ) . Article CARDINAL § CARDINAL , point ( CARDINAL ) , of the LAW provides that when a person is placed in a social care home , a medical certificate concerning the person ’s state of health must be produced . By LAW , a placement agreement for the provision of social services is signed between the specialised institution and the person concerned or his or her legal representative , on the basis of a model approved by ORG . The person may be transferred to another home or may leave the institution in which he or she has been placed : ( CARDINAL ) at his or her request or at the request of his or her legal representative , submitted in writing to the director of the institution ; ( CARDINAL ) if there is a change in the state of his or her mental and/or physical health such that it no longer corresponds to the profile of the home ; ( CARDINAL ) in the event of failure to pay the DATE social welfare contribution for DATE ; ( CARDINAL ) in the event of systematic breaches of the institution ’s internal rules ; or ( CARDINAL ) in the event of a confirmed addiction to narcotic substances .", "Furthermore , the system governing admission to a psychiatric hospital for compulsory medical treatment is set out in LAW , which replaced LAW DATE .", "Article CARDINAL CARDINAL of the ORG provides that , in the event of a conflict of interests between a person being represented and the representative , the court is to appoint an ad hoc representative . The NORP courts have applied this provision in certain situations involving a conflict of interests between minors and their legal representative . Thus , the failure to appoint an ad hoc representative has been found to amount to a substantial breach of the rules governing paternity proceedings ( ORG № CARDINAL от CARDINAL г. по гр. д. № CARDINAL г. , II г. о. ) , disputes between adoptive and biological parents ( ORG DATE от CARDINAL г. по гр. д. № ORG г. , II г. о. ) or property disputes ( ORG № CARDINAL от CARDINAL г. на ORG по гр. д. № CARDINAL г. , II г. о. ; PERSON – PERSON от CARDINAL г. по в. ч. гр. д. № CARDINAL/CARDINAL ) .", "The State and Municipalities Responsibility for Damage Act DATE ( ORG за отговорността на държавата и общините за вреди – title amended in DATE ) provides in section CARDINAL(CARDINAL ) that the ORG is liable for damage caused to private individuals as a result of a judicial decision ordering certain types of detention where the decision has been set aside as having no legal basis .", "Section CARDINAL(CARDINAL ) of the same LAW provides that the ORG and municipalities are liable for damage caused to private individuals and other legal entities as a result of unlawful decisions , acts or omissions by their own authorities or officials while discharging their administrative duties .", "In a number of decisions , various domestic courts have found this provision to be applicable to the damage suffered by prisoners as a result of poor conditions or inadequate medical treatment in prison and have , where appropriate , partly or fully upheld claims for compensation brought by the persons concerned ( реш. от CARDINAL г. по гр. д. № CARDINAL , ORG , PERSON г. о. and реш. № CARDINAL от CARDINAL.CARDINAL.CARDINAL г. по гр. д. № DATE , ORG , PERSON г. о. ) .", "There are no court decisions in which the above position has been found to apply to allegations of poor living conditions in social care homes .", "NORP Moreover , it appears from the domestic courts’ case - law that , under section CARDINAL(CARDINAL ) of the Act in question , anyone whose health has deteriorated because bodies under the authority of ORG have failed in their duty to provide a regular supply of medication may hold the administrative authorities liable and receive compensation ( реш. № CARDINAL от CARDINAL г. по гр. д. № DATE , ORG , V г. о. ) .", "Lastly , the ORG and its authorities are subject to the ordinary rules on tortious liability for other forms of damage resulting , for example , from the death of a person under guardianship while absconding from a social care home for adults with a mental deficiency , on the ground that the staff of the home had failed to discharge their duty of permanent supervision ( реш. № CARDINAL от CARDINAL г. по гр. д. № DATE , ORG , III г. о. ) .", "DATE . Under this Act , the police are , inter alia , authorised to arrest anyone who , on account of severe mental disturbance and through his or her conduct , poses a threat to public order or puts his or her own life in manifest danger ( section CARDINAL(CARDINAL)-(CARDINAL ) ) . The person concerned may challenge the lawfulness of the arrest before a court , which must give an immediate ruling ( section CARDINAL(CARDINAL ) ) .", "Furthermore , the police ’s responsibilities include searching for missing persons ( section CARDINAL(CARDINAL ) ) .", "ORG conducted a survey of police stations regarding searches for people who had absconded from social care homes of this type . It appears from the survey that there is no uniform practice . Some police officers said that when they were asked by employees of a home to search for a missing person , they carried out the search and took the person to the police station , before informing the home . Other officers explained that they searched for the person but , not being empowered to perform an arrest , simply notified the staff of the home , who took the person back themselves .", "ORG obtained statistics from CARDINAL regional courts on the outcome of proceedings for restoration of legal capacity DATE and DATE . During this period CARDINAL persons were deprived of legal capacity . Proceedings to restore capacity were instituted in CARDINAL cases : CARDINAL of them ended with the lifting of the measure ; total incapacitation was changed to partial incapacitation in CARDINAL cases ; the applications were rejected in CARDINAL cases ; the courts discontinued the proceedings in CARDINAL cases ; and the other cases are still pending .", "This convention came into force on DATE . It was signed by GPE on DATE but has yet to be ratified . The relevant parts of the Convention provide :", "“ CARDINAL . DATE States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law .", "DATE States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life .", "DATE States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity .", "DATE States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law . Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights , will and preferences of the person , are free of conflict of interest and undue influence , are proportional and tailored to the person ’s circumstances , apply for the shortest time possible and are subject to regular review by a competent , independent and impartial authority or judicial body . The safeguards shall be proportional to the degree to which such measures affect the person ’s rights and interests .", "Subject to the provisions of LAW Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property , to control their own financial affairs and to have equal access to bank loans , mortgages and other forms of financial credit , and shall ensure that persons with disabilities are not arbitrarily deprived of their property . ”", "“ CARDINAL . DATE States Parties shall ensure that persons with disabilities , on an equal basis with others :", "( a ) Enjoy the right to liberty and security of person ;", "( b ) Are not deprived of their liberty unlawfully or arbitrarily , and that any deprivation of liberty is in conformity with the law , and that the existence of a disability shall in no case justify a deprivation of liberty .", "DATE States Parties shall ensure that if persons with disabilities are deprived of their liberty through any process , they are , on an equal basis with others , entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of the present Convention , including by provision of reasonable accommodation . ”", "The relevant parts of this Recommendation read as follows .", "“ CARDINAL . The measures of protection and other legal arrangements available for the protection of the personal and economic interests of incapable adults should be sufficient , in scope or flexibility , to enable suitable legal response to be made to different degrees of incapacity and various situations .", "...", "The range of measures of protection should include , in appropriate cases , those which do not restrict the legal capacity of the person concerned . ”", "“ CARDINAL . NORP The legislative framework should , so far as possible , recognise that different degrees of incapacity may exist and that incapacity may vary from time to time . Accordingly , a measure of protection should not result automatically in a complete removal of legal capacity . However , a restriction of legal capacity should be possible where it is shown to be necessary for the protection of the person concerned .", "NORP In particular , a measure of protection should not automatically deprive the person concerned of the right to vote , or to make a will , or to consent or refuse consent to any intervention in the health field , or to make other decisions of a personal character at any time when his or her capacity permits him or her to do so .", "... ”", "“ CARDINAL . Where a measure of protection is necessary it should be proportional to the degree of capacity of the person concerned and tailored to the individual circumstances and needs of the person concerned .", "NORP The measure of protection should interfere with the legal capacity , rights and freedoms of the person concerned to the minimum extent which is consistent with achieving the purpose of the intervention . ”", "“ The person concerned should have the right to be heard in person in any proceedings which could affect his or her legal capacity . ”", "“ CARDINAL . Measures of protection should , whenever possible and appropriate , be of limited duration . Consideration should be given to the institution of periodical reviews .", "...", "There should be adequate rights of appeal . ”", "NORP This report outlines the situation of persons placed by the public authorities in social care homes for people with mental disorders or mental deficiency , which are under the authority of ORG . Part NORP of the report is devoted to the NORP social care home .", "The ORG noted that the home ’s official capacity was CARDINAL ; it had CARDINAL registered male residents , of whom CARDINAL were present at the time of the visit . CARDINAL residents had absconded and the others were on home leave . PERCENT of the residents were suffering from schizophrenia and the remainder had a mental deficiency . The majority had spent DATE in the institution , discharges being quite uncommon .", "DATE . According to the ORG ’s findings , the premises of the NORP social care home were in a deplorable state of repair and hygiene and the home was inadequately heated .", "In particular , the buildings did not have running water . The residents washed in cold water in the yard and were often unshaven and dirty . The bathroom , to which they had access once DATE , was rudimentary and dilapidated .", "The toilets , likewise located in the yard , consisted of decrepit shelters with holes dug in the ground . They were in an execrable state and access to them was dangerous . Furthermore , basic toiletries were rarely available .", "The report notes that the provision of food was inadequate . Residents received CARDINAL meals a day , including CARDINAL g of bread . Milk and eggs were never on offer , and fresh fruit and vegetables were rarely available . No provision was made for special diets .", "The only form of treatment at the home consisted of the provision of medication . The residents , who were treated as chronic psychiatric patients in need of maintenance therapy , were registered as outpatients with a psychiatrist in ORG . The psychiatrist visited the home once DATE , and also on request . In addition , residents could be taken to the psychiatrist DATE who held DATE surgeries in the nearby town of GPE – if changes in their mental condition were observed . All residents underwent a psychiatric examination twice a year , which was an occasion for them to have their medication reviewed and , if necessary , adjusted . Nearly all residents received psychiatric medication , which was recorded on a special card and administered by the nurses .", "Apart from the administration of medication , no therapeutic activities were organised for residents , who led passive , monotonous lives .", "The ORG concluded that these conditions had created a situation which could be said to amount to inhuman and degrading treatment . It requested the NORP authorities to replace the NORP social care home as a matter of urgency . In their response of CARDINAL DATE , the NORP authorities acknowledged that the home was not in conformity with NORP care standards . They stated that it would be closed as a priority and that the residents would be transferred to other institutions .", "The ORG further observed , in part II.CARDINAL of its report , that in most cases placement of people with mental disabilities in a specialised institution led to a de facto deprivation of liberty . The placement procedure should therefore be accompanied by appropriate safeguards , among them an objective medical , and in particular psychiatric , assessment . It was also essential that these persons should have the right to bring proceedings by which the lawfulness of their placement could be decided speedily by a court . The ORG recommended that such a right be guaranteed in GPE ( see paragraph CARDINAL of the report ) .", "In this report the ORG again recommended that provision be made for the introduction of judicial review of the lawfulness of placement in a social care home ( see paragraphs CARDINAL of the report ) .", "It also recommended that efforts be made to ensure that the placement of residents in homes for people with mental disorders and/or deficiency conformed fully to the letter and spirit of the law . Contracts for the provision of social services should specify the legal rights of residents , including the possibilities for lodging complaints with an outside authority . Furthermore , residents who were incapable of understanding the contracts should receive appropriate assistance ( see paragraph CARDINAL of the report ) .", "Lastly , the ORG urged the NORP authorities to take the necessary steps to avoid conflicts of interests arising from the appointment of an employee of a social care home as the guardian of a resident of the same institution ( see paragraph CARDINAL of the report ) .", "The ORG made a further visit to the NORP social care home during its periodic visit to GPE in DATE .", "A comparative study of the domestic law of CARDINAL ORG member GPE indicates that in the vast majority of cases ( GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE and GPE ) the law entitles anyone who has been deprived of legal capacity to apply directly to the courts for discontinuation of the measure .", "In GPE , people who have been partially deprived of legal capacity may themselves apply for the measure to be lifted ; this does not apply to those who have been declared fully incapable , who may nevertheless challenge before a court any measures taken by their guardian .", "Judicial proceedings for the discontinuation of an order depriving a person of legal capacity can not be instituted directly by the person concerned in GPE ( where an application may be made by the public prosecutor or the guardianship council ) or in GPE .", "A comparative - law study of the legislation of GPE Parties to the LAW shows that there is no uniform approach in LOC to the question of placement of legally incapacitated persons in specialised institutions , particularly as regards the authority competent to order the placement and the guarantees afforded to the person concerned . It may nevertheless be observed that in some countries ( GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE and GPE ) the decision to place a person in a home on a long - term basis against his or her will is taken directly or approved by a judge .", "Other legal systems ( GPE , GPE , GPE , GPE , GPE , GPE , GPE and GPE ) authorise the guardian , close relatives or the administrative authorities to decide on placement in a specialised institution without a judge ’s approval being necessary . It also appears that in all the above - mentioned countries , the placement is subject to a number of substantive requirements , relating in particular to the person ’s health , the existence of a danger or risk and/or the production of medical certificates . In addition , the obligation to interview or consult the person concerned on the subject of the placement , the setting of a time - limit by law or by the courts for the termination or review of the placement , and the possibility of legal assistance are among the safeguards provided in several national legal systems .", "In certain countries ( GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE and GPE ) the possibility of challenging the initial placement order before a judicial body is available to the person concerned without requiring the guardian ’s consent .", "Lastly , several GPE ( GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE and GPE ) directly empower the person concerned to apply periodically for judicial review of the lawfulness of the continued placement .", "It should also be noted that many NORP laws on legal capacity or placement in specialised institutions have recently been amended ( GPE : DATE ; GPE : DATE ; GPE : DATE ; GPE : DATE ; GPE : DATE ; GPE : DATE ; GPE : DATE ; GPE : DATE ; GPE : DATE ; GPE : DATE ; GPE : DATE ; GPE : DATE ) or are in the process of being amended ( GPE ) . These legislative reforms are designed to increase the legal protection of persons lacking legal capacity by affording them either the right of direct access to court for a review of their status , or additional safeguards when they are placed in specialised institutions against their will ." ]

[ "13", "3", "5", "6" ]

[ "5-1", "5-4", "5-5", "6-1" ]

[ "5-1-e" ]

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[ "The applicants are a mother and her CARDINAL children . They are all NORP nationals . The first applicant , PERSON , was born in DATE and is currently residing in the GPE together with her son PERSON , who was born in DATE . The other CARDINAL children , PERSON , PERSON , were born in , respectively , DATE , DATE and DATE and are currently residing in GPE with a sister of their maternal grandmother . They are represented before the ORG by PERSON , a lawyer practising in ‘ ORG . ORG are represented by their Agent , Mr R.A.A. Böcker , of ORG .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "In DATE , the applicants’ home in GPE was searched and ransacked by the ORG . A hand grenade thrown in their kitchen killed the first applicant ’s mother and seriously injured her sister .", "The first applicants’ husband and the other applicants’ father disappeared in DATE , likely after having been arrested by the ORG . DATE after his disappearance , the applicants fled from GPE to GPE where they stayed in the home of the first applicant ’s father . However , also in GPE , the ORG regularly visited and questioned them about the whereabouts of their husband / father . At an unspecified date , when trying to take the first applicant ’s injured sister to hospital , the second applicant , PERSON , was stopped by the ORG who beat him and broke his hand .", "On DATE , in order to escape from the continuous ORG harassment and as the first applicant ’s sister could not obtain adequate medical treatment in GPE , the first applicant together with her sister and PERSON fled to GPE . PERSON , PERSON remained in GPE in the care of their maternal grandfather . They were to join the first and second applicants in GPE as soon as possible . On DATE , with the assistance of a “ travel agent ” who had been paid by her father , the first applicant , her sister and PERSON travelled by air from GPE to the GPE , where they applied for asylum .", "On DATE , the Deputy Minister of Justice ( ORG ) rejected the asylum request filed by the first applicant and her son PERSON , but did grant them a conditional residence permit ( voorwaardelijke vergunning tot verblijf ) valid until DATE as – in light of the general situation in GPE at that time – their expulsion to GPE would entail undue hardship .", "On DATE , the first applicant filed an objection ( bezwaar ) against this decision with the Deputy Minister .", "On DATE , the validity of the first and second applicants’ conditional residence permit was prolonged by DATE , i.e. until DATE .", "On DATE , the Deputy Minister rejected the first applicant ’s objection of DATE . The first applicant filed an appeal against this decision with ORG of GPE on DATE .", "On DATE , the validity of the first and second applicants’ conditional residence permit was again prolonged by DATE , i.e. until DATE . As from DATE , the first applicant became entitled to work in the GPE . She further started attending GPE language and sewing courses . She successfully passed a first exam in both courses on DATE .", "On DATE , pursuant to the terms and the transitory arrangements under the CARDINAL Aliens Act ( vreemdelingenwet ) which entered into force on that date and replaced the DATE LAW , the first and second applicants’ conditional residence permit was automatically transformed into a residence permit for the purposes of asylum for a fixed period ( verblijfsvergunning asiel bepaalde tijd ) .", "In DATE , the first applicant learned from a friend , who had gone to GPE for a family visit , that her CARDINAL children DATE who had stayed behind in GPE in the care of their maternal grandfather and with whom the first applicant had not had any contacts since she had left GPE in DATE were living in GPE with a maternal aunt of the first applicant .", "On DATE , the first applicant filed a request with the Minister of ORG ( Minister PERSON ) for a provisional residence visa ( machtiging tot voorlopig verblijf ) for the purposes of family reunion for her QUANTITY children living in GPE . The first applicant was not able to produce these children ’s birth certificates but submitted CARDINAL photographs of them , and declared to be willing to undergo DNA testing . She further declared that she had never been gainfully employed and was livinglived on benefits under LAW ( PERSON ) .", "By letter of CARDINAL DATE , she advised her CARDINAL children in GPE to apply as soon as possible to the GPE consular authorities in GPE for the purposes of obtaining a provisional residence visa .", "On an unspecified date and in accordance with the policy rule that after DATE a temporary residence permit for the purposes of asylum is replaced by a residence permit for the purposes of asylum for an indefinite period ( verblijfsvergunning asiel voor onbepaalde tijd ) , the temporary residence titles granted in the instant case were changed into permanent residence permits for the purposes of asylum .", "On DATE , the first applicant passed a second exam in the GPE language and sewing courses attended by her .", "On DATE , the first applicant withdrew the appeal that she had filed on DATE .", "On DATE , the Minister of ORG rejected the request of CARDINAL DATE , considering at the outset that the transformation of the first applicant ’s residence title from a conditional residence permit under LAW to a temporary residence permit for the purposes of asylum under LAW did not entail entitlement to a residence permit under LAW ( e ) or ( f ) for family members having joined the person who has been granted asylum in the GPE within DATE after the latter ’s arrival in the GPE . This rule applied only where it concerned a first issuance of a residence permit for the purposes of asylum , which was not the first applicant ’s case . Consequently , her request fell to be examined under the regular immigration rules on family reunion set out in Chapter BCARDINAL/CARDINAL of the CARDINAL LAW ( Vreemdelingencirculaire ) .", "The Minister further found that the first applicant ’s family tie with the CARDINAL children had not been demonstrated by means of official documents as no birth certificates of the CARDINAL children had been submitted . Although this requirement could be replaced by DNA testing , this possibility was only offered if all other conditions for family reunion were met . This did not apply to the instant case , as in addition the first applicant did not comply with the minimum income requirements under the applicable immigration rules . On this point , the Minister noted that her sole income consisted of general welfare benefits whereas , pursuant to LAW ) of the CARDINAL LAW ( Vreemdelingenbesluit ) and the provisions of Chapter BCARDINAL/CARDINAL.CARDINAL.CARDINAL.CARDINAL of the CARDINAL LAW , benefits under LAW are not accepted as constituting ( a part of the ) means of subsistence within the meaning of the immigration rules . The Minister further found no special circumstances on the grounds of which it should be held that the aim served by the income requirement under the immigration rules entailed disproportionate consequences for the first applicant .", "As regards LAW , the Minister acknowledged the possibility of the existence of an objective obstacle to family life being exercised in the country of origin . Although this possible obstacle weighed heavily in the balancing - of - interests exercise to be carried out under this provision , it was not necessarily decisive . The first applicant ’s personal interests were to be weighed against the general interest served by the restrictive immigration policy pursued by the GPE and in which context it was justified to require persons seeking family reunion to have , independently and lastingly , sufficient means of subsistence . The Minister considered – in order to avoid that the exercise of family life would become permanently impossible DATE that in balancing these interests it had to be assessed whether it was possible that the first applicant ’s personal situation would change within a reasonable time . The Minister was only prepared to accept the existence of a positive obligation under LAW when , despite serious efforts made by the first applicant , there were no real prospects for her to obtain , lastingly , sufficient and independent means of subsistence and , given the circumstances in which she was finding herself , it would be unreasonable to maintain the income requirement . Finding that it was not excluded that the first applicant would be able to comply with the income requirement within a reasonable time , the Minister concluded that , for the time being , it could not be said that a hopeless situation had arisen in which it was impossible for the first applicant ever to comply with the requirements for family reunion . Consequently , the Minister concluded that the GPE authorities were not under a positive obligation to allow the CARDINAL children in GPE to join the first applicant in the GPE .", "On DATE , the CARDINAL children filed an objection against this decision with the Minister of ORG .", "On DATE , after a hearing held on DATE before an official committee ( ambtelijke commissie ) , the Minister of ORG rejected the objection in CARDINAL separate decisions . The Minister noted that the family tie between the first applicant and the children had still not been demonstrated by means of official documents and that , as the first applicant did not comply with the income requirement , she and the children did not qualify for the possibility of DNA testing in lieu . Furthermore , as PERSON had come of age in the meantime , the first applicant ’s request was also to be examined under the policy rules on extended family reunion ( verruimde gezinshereniging ) . The Minister noted that , according to the contents of a letter submitted , the CARDINAL children had left GPE after the death of their maternal grandfather and , since DATE , were staying in GPE with a maternal aunt of the first applicant . As her younger brothers were also not granted entry to the GPE , the Minister held that the refusal to grant PERSON entry to the GPE could not be regarded as entailing disproportionate hardship .", "As regards LAW , the Minister found no particular facts or circumstances on the basis of which the GPE were under a positive obligation to admit the CARDINAL children . The Minister considered that , in view of the first applicant ’s personal situation in her country of origin , there was in any event a suspicion of an objective obstacle to family life being exercised in that country . Although this possible obstacle weighed heavily in the balancing exercise to be carried out , it was not necessarily decisive . The responsibility of the first applicant to ensure that she would comply with the requirements for family reunion also played an important role . In this context it was expected of the first applicant that , for a reasonable period of time , she would make serious efforts to find employment so that she would lastingly possess sufficient and independent means of subsistence . This reasonable period , of generally DATE , had begun to run when the first applicant had become entitled to work in the GPE , i.e. on DATE . The Minister found no special circumstances on the basis of which this DATE period should be shortened in her case . The Minister further stated that the serious efforts asked from the first applicant required an active attitude on her part , implying actively looking for and accepting work even where a job would not correspond to her education or professional experience , registering at an employment office ( arbeidsbureau ) and interim employment agencies indicating to be willing to accept any kind of work , reacting to vacancy announcements , intensive writing of ( un)solicited job applications , and undertaking labour - market oriented studies . In so far as the first applicant had argued that she had to care for her wheel - chair bound sister who refused aid from strangers and that she did not wish to leave her sister alone in the house fearing that she might cause a fire , the Minister held that it was the first applicant ’s own choice to care for her sister and that she could appeal to aid providing bodies . Finding it not excluded that the first applicant would be able to comply with the income requirement within a reasonable time , the Minister held that it could not be said that a hopeless situation had arisen entailing a permanent impossibility for family reunion in the GPE and that , therefore , at present no positive obligation arose under LAW to allow the CARDINAL children entry to the GPE . It could be expected from the first applicant that she would make serious efforts aimed at complying with the income requirement and , in all reasonableness , there was no reason in the present case to anticipate this by giving more weight to the personal interests of those concerned than to the general interest at issue .", "On DATE , the CARDINAL children filed an appeal with ORG of The Hague .", "On DATE , the applicant registered at the GPE office of ORG ) .", "In its judgment of DATE , following a hearing held on DATE , ORG rejected the appeal of DATE . In so far as the appellants relied on LAW , ORG held :", "“ Where , such as in this case , there is no interference [ with the rights under LAW as the refusal at issue does not concern a withdrawal of a residence permit ] the question arises whether there are facts and circumstances of such a nature that the right to respect for family life nevertheless gives rise to a positive obligation for the Minister to grant the appellants residence [ in the GPE ] . In order to determine that question , the interests [ involved ] ... must be balanced against each other . To strike a ‘ fair ORG between those interests is of primary importance , in which [ exercise ] the Minister enjoys a certain margin of appreciation .", "In the court ’s opinion , the Minister could in all reasonableness conclude that the appellants’ interests did not outweigh the general interest of ORG . In this finding , the court takes into account that , given that at the present time there is no hopeless situation for the [ first applicant ] to comply eventually with the income requirement , there is no situation entailing a permanent impossibility of family reunion . The Minister has therefore considered on good grounds that there is no positive obligation to admit [ the CARDINAL children ] under LAW .", "In this , the court further takes into consideration that , in the present case , the Minister has held that , due to the [ first applicant ’s ] personal situation in her country of origin , there is a suspicion of an objective obstacle to the exercise of family life in the country of origin , but that this was not decisive in the context of the balancing of interests . In this connection the court further notes that [ the appellants’ ] submission made in the present proceedings that [ the first applicant and PERSON ] are recognised refugees and that the Minister – other than suspecting – has acknowledged the existence of an objective obstacle to the exercise of family life in GPE finds no support in the documents .", "Noting this and the improving human rights situation in GPE after the removal of the ORG regime and the prior , apparently ill - founded request [ of the first applicant ] for admission as refugee [ under LAW relating to LAW ] , it can not be excluded in the court ’s opinion that the [ first applicant ] can also exercise her family life in GPE . This applies even more since the [ first applicant ] has submitted that she has been separated for a long time from her children and that she has difficulties integrating into the GPE society whereas she and [ the children ] are rooted in the NORP culture .", "In the court ’s opinion , the [ Minister ] did further in all reasonableness not have to see grounds to deviate from the guideline that within a reasonable period of DATE everything should be undertaken to comply with the income requirement as meant in [ Chapter ] BCARDINAL/CARDINAL.CARDINAL.CARDINAL.CARDINAL of the CARDINAL LAW . The point of departure for the [ Minister ’s ] policy is that the main person with whom stay is sought bears his or her own responsibilities , also as regards his or her living expenses and those of the family members by whom he or she wishes to be joined . That is why it is expected from the main person that he or she has done everything during a lengthy period to find work and thus lastingly to dispose of sufficient and independent means of subsistence . In this an active attitude is expected from him or her .", "The above - cited LAW also provides that in a special case the position in which the family members outside of the GPE find themselves , also if that position is not so harrowing ( schrijnend ) that already for that reason alone residency should be granted , may form a ground for applying a shorter DATE . Also special circumstances in respect of the admitted main person can in principle lead to applying a shorter period .", "The court is of the opinion that the [ Minister ] has correctly found no special circumstances as regards the [ first applicant ] which should lead to applying a shorter period . The court agrees with the [ Minister ] that it has not or at least insufficiently appeared that the [ first applicant ] has done the utmost to find work as meant in the DATE LAW . She has not substantiated by means of concrete documents – such as for instance several negative written replies to job applications – that she has intensively applied for several existing job openings or has sought assistance in every feasible manner [ in finding gainful employment ] .", "On the other hand it has appeared that the [ first applicant ] has taken on the care for her disabled sister , which choice apparently entailed that she distanced herself from the labour market and thereby indirectly from her [ CARDINAL ] children on account of failing to comply with the income requirement . In this connection the [ Minister ] has , in the court ’s opinion , justly considered that there is no hopeless situation in which the conditions for admission can never be met . In this [ finding ] the court takes into account that according to the case file documents the [ first applicant ] was allowed already since DATE to look for work on the labour market and that the [ Minister ] could hold in all reasonableness that the [ first applicant ] could appeal to aid providing agencies for the care of her sister .", "Consequently , the appellants’ reliance on LAW fails . ”", "The CARDINAL children ’s subsequent appeal to ORG ( Afdeling Bestuursrechtspraak ) of ORG ( PERSON ) was rejected on DATE . It upheld the impugned ruling of DATE . It held , inter alia , that ORG had correctly concluded that it had not been established that the first applicant had made any effort to meet the income requirement . Further noting that the first applicant was not permanently and completely unfit for work and having found no indication that she would be permanently unable to meet the income requirement , it concluded that ORG had correctly rejected the ORG arguments under LAW .", "On an unspecified date , the first applicant and PERSON were granted GPE nationality and , on DATE , a GPE passport was issued to both of them .", "On an unspecified date in DATE , the first applicant travelled to GPE in order to visit her youngest son PERSON who had been admitted to hospital as he was suffering from serious diarrhoea . DATE after having arrived in GPE , the first applicant suffered a stroke , causing partial paralysis . She returned to the GPE , where she is currently staying in hospital . It is still uncertain whether the stroke she suffered will have any lasting effects . Her son PERSON was discharged from hospital in GPE after DATE .", "The ORG pursue a restrictive admissions policy due to the population and employment situation in the GPE . Aliens are eligible for admission only on the basis of obligations under international law , if their presence serves an essential national interest , or for compelling humanitarian reasons , with most policy rules for admission being more detailed formulations of this last criterion . Until DATE , the admission , residence and expulsion of aliens were regulated by DATE Aliens Act ( Vreemdelingenwet ) . Further rules were laid down in LAW ( Vreemdelingenbesluit ) , the Regulation on Aliens ( Voorschrift Vreemdelingen ) and LAW ) . On DATE , the DATE LAW was replaced by QUANTITY ( “ the LAW ” ) . On DATE , LAW , the Regulation on Aliens and LAW were replaced by new versions based on LAW ( “ the Decree ” and “ the LAW ” ) .", "Under the system in force until DATE , a person having been granted asylum in the GPE on grounds of being a “ refugee ” within the meaning of LAW relating to LAW DATE was in principle entitled to family reunion if his or her family members had joined him or her within DATE after his or her admission to the GPE . For this specific category , no income requirement applied . However , a limited income requirement had to be met if it concerned family reunion with family members having joined him or her in the GPE DATE after his or her admission to the GPE . For persons having been granted a residence permit on any other ground , a higher income requirement applied when family reunion was sought . Persons having been granted a conditional residence permit were not entitled to family reunion under domestic law , as their residence title was only of a provisional nature .", "Under the system in force after DATE , the income requirement for all categories of persons having been granted an “ asylum - related ” ( i.e. on the basis of personal facts and circumstances , or the general situation in the country of origin ) residence permit who seek family reunion in the GPE is identical . For a person holding an “ asylum - related ” residence permit , no income requirement applies if his or her family members have joined him or her within DATE after his or her admission to the GPE . After this date , an income requirement must be met where family reunion is sought . Under the new system , also persons having been granted a temporary residence permit for the purposes of asylum are entitled to family reunion .", "As a rule , anyone wishing to apply for a residence permit in the GPE must first apply from his or her country of origin to the GPE Minister of ORG for a provisional residence visa . Such a visa is normally a prerequisite for the grant of a residence permit which confers more permanent residence rights . An application for a provisional residence visa is assessed on the basis of the same criteria as a residence permit .", "Pursuant to LAW , a temporary residence permit ( verblijfsvergunning voor bepaalde tijd ) for the purpose of family reunion may be issued by ORG if a number of eligibility requirements – set out in GPE CARDINAL to CARDINAL of the Decree – have been satisfied . These requirements include , inter alia , the possession of a valid provisional residence visa , actual cohabitation in the country of origin ( “ feitelijk behoren QUANTITY in het land van herkomst ” ) , possession of a valid international travel document , and the person in the GPE with whom family reunion is sought having sufficient means of subsistence as defined in LAW ( a ) of the LAW , i.e. having a net income from work of at least the amount equal to benefits under LAW for the corresponding category ( such as for instance a single parent ) .", "ORG ) is an independent administrative body that works on assignment from ORG ( PERSON en GPE ) . It is centrally managed and has CARDINAL offices throughout the GPE . It invites employers to offer vacancies and helps and activates job seekers to find work in every possible way . It can further help job seekers to apply for unemployment or supplementary benefits . If attempts to find work are unsuccessful , the municipal social services together with ORG will do everything possible to provide the person concerned with work or training . If necessary , a route plan will be drawn up . This contains all concrete arrangements that have been made for job application courses , for example , acquiring work experience and participation in a social assimilation ." ]

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[ "The applicant was born in DATE and lives in GPE .", "On DATE the GPE police initiated criminal proceedings against the applicant on the suspicion of having committed an offence of satisfying his sexual desire in an unnatural manner .", "On DATE the applicant was formally charged with this offence . On DATE he was subjected to a preventive measure in the form of an obligation not leave his place of residence .", "On DATE the applicant was further charged with attempted rape .", "On DATE the preliminary investigation of the charges was complete .", "On DATE , upon approval of the indictment by ORG , the applicant 's criminal case - file was sent to ORG ( ORG ) .", "On DATE , by a decision of ORG judge , the applicant was committed for trial .", "On DATE the judge ordered the serving of the indictment on the applicant who received it on DATE .", "On DATE the applicant wrote a letter notifying ORG of his change of residence . However , he did not send out the letter , but handed it to his lawyer .", "On DATE ORG summoned the parties and the witnesses to a hearing which was scheduled for DATE .", "On DATE ORG was informed that it had not been possible to serve the summons on the applicant at the address indicated by him in DATE . Consequently , the hearing was postponed .", "In DATE , the applicant 's lawyer delivered to ORG the applicant 's letter of DATE about his new address .", "On DATE ORG scheduled a hearing for DATE .", "On DATE the hearing was adjourned on account of the absence of the applicant 's lawyer for health reasons .", "On DATE ORG ordered that the applicant be taken into custody . It noted that the applicant had CARDINAL prior convictions and considered that he could re - offend .", "The applicant filed an appeal against the order directly with ORG ( GPE ) which , on CARDINAL DATE , forwarded it to ORG as appeals to a higher court must be presented through a lower court . On DATE ORG rejected the applicant 's appeal .", "In the meantime , on DATE , ORG scheduled a new hearing for DATE .", "On DATE the applicant 's lawyer requested that the hearing be adjourned as it was not possible for him to attend because of a meeting of ORG . His request was granted .", "On DATE the applicant complained to ORG ) about the delay in examining his case .", "On DATE he addressed a similar complaint to ORG , which asked ORG to inform it of the reasons for lack of progress in the case .", "On DATE ORG scheduled a hearing for CARDINAL DATE .", "By letters of CARDINAL DATE and CARDINAL DATE ORG and the prosecutor 's office , respectively , informed the applicant that the reason for the delay in dealing with the case from DATE until DATE was ORG heavy workload . They also stated the reasons for the postponement of the hearings .", "On DATE the applicant requested the appointment of a lawyer by the court as he was dissatisfied with the services of the lawyer chosen by him .", "ORG heard the applicant 's case on DATE .", "On DATE the applicant sought the adjournment of the hearing , arguing that the preliminary investigation had been incomplete and that he did not have a copy of the indictment , which was in the hands of his previous lawyer . He also disputed the legality of the appointment of his new lawyer and requested the removal of the public prosecutor from the case . His requests were dismissed as unfounded .", "By a judgment of CARDINAL DATE ORG convicted the applicant of attempted rape and sentenced him to DATE imprisonment . ORG heard the testimonies of the victim and CARDINAL witnesses and examined CARDINAL medical expert reports .", "On DATE the applicant lodged an appeal against ORG judgment , arguing that his trial and conviction had been unlawful . ORG had infringed procedural time - limits concerning the start of the trial stipulated in Articles DATE ) and CARDINAL of the Code of Criminal Procedure according to which the court must take a decision to try the accused within DATE from the seizure of the court , and the trial must start DATE from the taking of that decision . The applicant pointed out that his criminal case - file arrived in ORG on DATE , but the decision committing him for trial was taken only on DATE .", "At the hearing before ORG on DATE the applicant also pointed to the delay in examining his case at the first instance court .", "By a judgment of CARDINAL DATE ORG dismissed the applicant 's appeal and upheld ORG judgment . It admitted that the time - limit for committing the applicant for trial had been exceeded , but found no substantial infringement of procedural law which would have entailed a reversal of the lower court judgment .", "On DATE the applicant filed an appeal with ORG ( NORP ) in which he argued that the DATE delay in dealing with his case at the trial court was unlawful .", "On DATE ORG refused the applicant leave to appeal .", "On DATE the competent prosecutor refused the applicant 's request to initiate criminal proceedings against the judge of the first instance court as the failure to comply with the procedural time - limits did not constitute a criminal offence .", "By a letter of CARDINAL March CARDINAL ORG informed the applicant that there were no grounds to initiate disciplinary proceedings against the judge since there was no evidence of an intentional infringement of procedural rules by him . However , the judge 's attention had been drawn to deficiencies in his work ." ]

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[ "6" ]

[ "6-1" ]

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[ "The applicant , PERSON , is a NORP national who was born in DATE and lives in GPE .", "On DATE the applicant 's daughter , PERSON , who was DATE and was studying at ORG at the time , left the premises of the students ' dormitory in which she was residing and did not come back .", "On DATE Ms S. , an acquaintance of the applicant 's daughter , informed the police of the latter 's disappearance .", "On DATE the body of an unidentified woman was found in LOC .", "On DATE an autopsy was carried out by an expert from a local medical institution . The expert noted that the body was considerably decayed . The expert concluded that the woman had died of asphyxia caused by drowning and that there were no traces of other injuries on the body .", "On DATE , the applicant 's other daughter , Mr O. , the former partner of PERSON , and the applicant were invited to the morgue , where the body was being kept , to identify it . The unclothed body was brought to the door entrance . The clothes and jewellery which had allegedly been on the body when it was found on DATE were placed nearby . PERSON and Mr O. confirmed that the body and clothes was that of PERSON The applicant , having also confirmed that the clothes belonged to her daughter , denied that it was her body .", "By decisions of DATE , CARDINAL DATE and CARDINAL DATE , and CARDINAL January and CARDINAL DATE the investigators , who had been conducting an inquiry into the matter , refused to open criminal proceedings and found that the applicant 's daughter had committed suicide .", "Upon appeals by the applicant , those decisions were annulled by the higher prosecutors or the courts on the ground that the investigators ' Ms L. A. P. before her death .", "In particular , the investigators ' decision of DATE was overturned by ORG on DATE . The court found that the investigators had failed to check the possibility that the applicant 's daughter had been murdered and that there was insufficient evidence to conclude that the body found on DATE was that of the applicant 's daughter . The court ruled to return the case to the investigators for another inquiry and also ordered the body 's exhumation and genetic examination .", "By a ruling of DATE the ORG of Appeal confirmed the findings of the first - instance court concerning the incompleteness of the inquiry and upheld its decision to return the case for another inquiry . ORG further held that the exhumation and genetic examination of the body could only be carried in the framework of criminal investigation and ruled to exclude the first - instance court 's instruction to that effect , as no criminal investigation had been initiated in the applicant 's case .", "During the fresh inquiry DATE , the investigators questioned PERSON , and Ms B. , the administrator of the dormitory in which ORG had resided .", "Ms S. and Mr O. both stated that , before her disappearance , PERSON had been suffering from depression and that she had on a number of occasions expressed her intention to commit suicide . Mr O. also confirmed that , on DATE , he had said that the body was that of Ms L. A. P. , because he had recognised her clothes and jewellery .", "Ms S. further stated that she had seen Ms L. A. P. leaving the premises of the students ' dormitory on DATE and that the latter had been dressed in the clothes which were on the body found on DATE .", "Ms B. stated that the applicant had had arguments with PERSON before the latter 's disappearance .", "The applicant was also questioned and stated that , before her disappearance , her daughter had behaved strangely and had made notes in her diary suggesting that she would “ do something to herself ” . The applicant further insisted that the body found on DATE was not that of her daughter .", "On DATE the investigators issued a decision , by which they refused to start criminal investigations into the death of Ms L. A. P. , finding no evidence of a crime . According to them , she had committed suicide because she had been suffering from a serious psychological disorder and had suicidal tendencies .", "On DATE ORG upheld that decision .", "Following several reconsiderations of the admissibility of the applicant 's appeal against the decision of DATE by the courts of appeal and cassation , on CARDINAL DATE ORG rejected it as having been lodged out of time .", "In her submissions of DATE , the applicant stated that she would have to go through the whole procedure of challenging the decision of CARDINAL DATE , without informing the ORG whether she had in fact lodged an appeal against that decision .", "According to the applicant , she was not allowed to take part in the official inquiry into the matter and was not given access to the materials of the inquiry .", "On DATE the applicant instituted civil proceedings in the Zavodskyy ORG of PERSON against the authorities , including ORG , and ORG , seeking compensation for their failure to protect her daughter 's life and to investigate the circumstances of her disappearance and death .", "On DATE the court dismissed the applicant 's claim , holding that she had failed to provide evidence that any damage had been caused to her as a result of the authorities ' actions or inactivity . The court also noted that the investigators ' conclusions that the applicant 's daughter had committed suicide and that there had been no evidence of a crime had been confirmed by the decision of ORG of DATE .", "By a ruling of DATE ORG upheld the judgment .", "On DATE the applicant appealed in cassation . She submitted that she had missed the DATE time - limit for lodging an appeal in cassation because she had not been able to afford a lawyer in order to prepare her appeal in due time , and requested a time - limit extension .", "On DATE the judge of ORG refused that request and rejected the applicant 's appeal as lodged out of time .", "The relevant domestic law is quoted and summarised in the judgments of PERSON v. GPE ( no . CARDINAL , § § CARDINAL , ECHR CARDINALXI ) and PERSON v. GPE ( no . CARDINAL , § § DATE , DATE ) ." ]

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[ "The applicant was born in born in DATE and lives in GPE , GPE .", "On DATE the applicant was arrested by the police . On DATE the applicant was charged by ORG with having helped to sell CARDINAL stolen cars while acting in an organised criminal gang . The applicant was instructed that it was open to him to make a request under LAW to be served with the written reasons for the decision to charge him .", "On DATE ORG ( Sąd Rejonowy ) ordered that the applicant be detained on remand in view of the reasonable suspicion that he had committed the offences with which he had been charged . The court held that keeping him in custody was necessary to secure the proper conduct of the proceedings as there was a fear that the applicant would influence witnesses .", "On DATE ORG lodged a request to prolong the applicant 's detention . In his motion he indicated CARDINAL investigative actions that would be taken with respect to CARDINAL suspects . ORG on DATE accordingly prolonged the applicant 's detention , relying in particular on evidence obtained from CARDINAL of the co - accused .", "In his subsequent application of DATE for an extension of the applicant 's detention the prosecutor relied on extensive evidence that had already been obtained from CARDINAL witnesses and an expert witness . The application was granted on DATE .", "On DATE ORG further prolonged the applicant 's pre - trial detention .", "On DATE ORG decided to supplement the charges against the applicant , adding several other offences relating to the handling of stolen cars . The applicant was again informed of his right to request the written reasons for the decision , but he failed to make a request .", "On DATE ORG ( Sąd Apelacyjny ) , on the application of the appellate prosecutor , decided to prolong further the applicant 's detention . In addition to the existence of a reasonable suspicion that the applicant had committed the offences , the court relied on the complexity of the case , the severity of the penalty that might be imposed and the need to secure the proper conduct of the investigation .", "On DATE and DATE ORG prolonged the applicant 's detention . It reiterated the grounds previously given for keeping him in custody . It further pointed to the particular complexity of the case , which explained the length of the investigative phase of the proceedings . The court in particular relied on the evidence gathered by the prosecutor and referred in its decision to the statements given by the witnesses and co - accused which were included in the case file .", "On DATE the prosecutor decided to sever the charges against the applicant and CARDINAL co - accused and to deal separately with his charges .", "On DATE the applicant was indicted before ORG . The applicant was accused of having committed CARDINAL offences , in particular handling stolen cars and forging licence plates while acting in an organised criminal gang .", "Subsequently , his detention on remand was prolonged on DATE . The applicant 's numerous applications for release and his appeals against the detention decisions were to no avail .", "The trial started on DATE . Afterwards , hearings were held at regular intervals . In DATE the applicant and the prosecutor negotiated an agreement whereby the applicant would plead guilty and voluntarily submit to a penalty .", "At the hearing held on DATE the court gave a judgment in which it accepted the agreement concluded between the applicant and the prosecutor according to which the applicant voluntarily accepted a sentence of DATE and DATE imprisonment and a fine . The applicant was released on DATE .", "The applicant did not appeal against the judgment and it became final on DATE .", "On DATE and DATE the applicant , represented by his lawyer , requested leave to consult the case file against him .", "NORP ORG , on DATE and DATE respectively , dismissed the applicant 's requests . The reasoning of both decisions was identical . The prosecutor referred to the fact that the preparatory proceedings were still pending and since the case concerned an organised criminal gang the documents in the file should not be revealed until all suspects had been arrested and charged . Finally , the prosecutor noted that most items of evidence had been considered confidential which “ automatically prevents access being granted to them ” .", "NORP The applicant appealed against both decisions complaining that he had been detained for DATE and that during this time he had had no access to the case - file . That constituted a breach of his defence rights in violation of ORG .", "On DATE and DATE ORG dismissed the appeals against the decisions of DATE and CARDINAL DATE respectively . In identically reasoned decisions ORG found that the interests of the investigation could in some circumstances limit the defence rights of the accused . Therefore , in the present case the applicant should not be allowed to consult the file . In addition , in the decision of DATE the prosecutor concluded :", "“ As regards the ORG invoked by the [ applicant ] it should be noted that the overriding aim of the criminal proceedings is to establish all the circumstances in which the offence was committed and to find the perpetrators . It is a concrete aim and in achieving it the prosecutors and the courts aim at ensuring respect for the rule of law and the security of the ORG and its citizens . Therefore , it is not the intention of the LAW to disregard those rules by making the rights of the citizens who breached the laws absolute . A premature disclosure of the documents in the case - file could prevent the achievement of the aims of the proceedings ... ”", "On DATE the applicant 's lawyer acquainted himself with the casefile . The applicant was allowed to consult the file between CARDINAL and DATE .", "The Code of Criminal Procedure of DATE , which entered into force on DATE , defines detention on remand as CARDINAL of the socalled “ preventive measures ” ( środki zapobiegawcze ) .", "A more detailed rendition of the relevant domestic law provisions is set out in the ORG 's judgments in GPE v. GPE [ ORG ] , no . GPE , § CARDINAL , ORG CARDINALXI and PERSON v. GPE , no . CARDINAL/CARDINAL , § § CARDINAL and CARDINAL , CARDINAL DATE .", "Article CARDINAL § CARDINAL of the Code concerns access to the file during investigation . It provides :", "“ Unless provided otherwise by law , during the preparatory proceedings parties , defence counsel , and legal representatives shall be allowed to consult the files and make certified copies and photocopies but only with the permission of the person conducting the preparatory proceedings . With the permission of a prosecutor and in exceptional circumstances access to the files in the preparatory proceedings may be given to another person . ”", "Article CARDINAL § CARDINAL provides as follows :", "“ Before a suspect is given notice of the date on which he can have access to the investigation materials , he may request an oral presentation of the grounds for the charges against him and the written reasons , on which he shall be advised . The written reasons shall be notified to the suspect and his counsel within DATE . ”" ]

[ "5" ]

[ "5-3", "5-4" ]

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[ "The applicant was born in DATE and lives in Velenje .", "On DATE the applicant was injured in a car accident . The perpetrator of the accident had taken out insurance with the insurance company ZTi .", "On DATE the applicant instituted civil proceedings against ZTi in ORG ( Okrožno sodišče v PERSON ) seeking damages in the amount of CARDINAL tolars ( MONEY ) for the injuries sustained .", "DATE and DATE the applicant lodged CARDINAL preliminary written submissions and/or adduced evidence .", "On DATE and DATE he made requests that a date be set for a hearing .", "Of the CARDINAL hearings held on DATE and DATE , none was adjourned at the request of the applicant .", "During the proceedings , the court appointed a medical expert .", "At the last hearing the court decided to deliver a written judgment . The judgment , upholding the applicant ’s claim in part , was served on the applicant on DATE .", "On DATE the applicant appealed to ORG ( PERSON v PERSON ) . ZTi cross - appealed .", "On DATE the court dismissed the applicant ’s appeal and upheld ZTi ’s appeal as far as the costs of the proceedings were concerned .", "The judgment was served on the applicant on DATE .", "On DATE the applicant lodged an appeal on points of law with ORG sodišče ) and requested that ORG judge be recused .", "On DATE the court dismissed the applicant ’s appeal .", "The judgment was served on the applicant on DATE ." ]

[ "13", "6" ]

[ "6-1" ]

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[ "ORG The applicant , who is a NORP citizen , was born in DATE and registered in the birth register as a male , under the male NORP names of PERSON .", "ORG At DATE the applicant realised that she was unlike other boys and , by DATE , she understood that , although she had male external genitalia , she was psychologically of the female sex .", "In DATE she abandoned her male NORP names and assumed the female NORP name of PERSON , a change which she confirmed by deed poll ( see paragraph CARDINAL below ) in DATE . Since DATE she has been known under that name for all purposes , has dressed as a woman and has adopted a female role .", "ORG In DATE the applicant , who had previously taken female hormones and had had an operation for breast augmentation involving implants , underwent gender reassignment surgery in a GPE hospital , to render the external anatomy nearer that of the female gender .", "A medical report dated DATE describes Miss PERSON as a pleasant young woman , states that she has lived a full life as a female , both psychologically and physically , since the surgery and records that a genital examination showed her to have the external genitalia and vagina of a female . As a post - operative female transsexual , she is able to have sexual intercourse with a man .", "ORG In DATE the applicant was issued with a GPE passport as a female ( see paragraphs CARDINAL below ) . From DATE she was a successful fashion model , featuring regularly in newspapers , magazines and advertisements .", "ORG In DATE Miss PERSON and PERSON , an NORP national whom she had known for DATE , wished to marry each other .", "By letter of CARDINAL DATE , ORG informed the applicant that such a marriage would be void as a matter of LANGUAGE law , because it would classify her as male notwithstanding her anatomical and psychological status . Her Member of ORG advised her in a letter of CARDINAL DATE that a change in the law would be required to enable her to marry . A reply on behalf of ORG , dated DATE , to a further enquiry by the applicant stated that she could not be granted a birth certificate showing her sex as female , since such a certificate records details as at the date of birth ( see paragraphs CARDINAL below ) .", "In DATE - after the date of her application to the Commission - Miss PERSON and PERSON ceased to be engaged to be married , though they remained good friends .", "ORG On DATE the applicant purported to marry a PERSON , at a ceremony conducted at a GPE synagogue . However , their relationship terminated on DATE of DATE .", "Following a petition filed by PERSON , who had been advised that this was her only means of obtaining financial relief , the marriage was , by decree nisi made by ORG on DATE , pronounced to have been by law void by reason of the parties not being respectively male and female ( see paragraphs CARDINAL - CARDINAL below ) . That decree was made final on CARDINAL DATE .", "ORG In the GPE gender reassignment operations are permitted without legal formalities . The operations and treatment may be carried out under ORG .", "ORG Under LANGUAGE law a person is entitled to adopt such first names or surname as he or she wishes and to use these new names without any restrictions or formalities , except in connection with the practice of some professions where the use of the new names may be subject to certain formalities ( see , inter alia , GPE ’s ORG , CARDINALth ed . , vol . CARDINAL , paras . DATE ) . For the purposes of record and to obviate the doubt and confusion which a change of name is likely to involve , the person concerned very frequently makes a declaration in the form of a \" deed poll \" which may be enrolled with ORG .", "The new names are valid for purposes of legal identification and may be used in documents such as passports , driving licences , car registration books , national insurance cards , medical cards , tax codings and social security papers . The new names are also entered on the electoral roll .", "ORG Civil status certificates or equivalent current identity documents are not in use or required in GPE . Where some form of identification is needed , this is normally met by the production of a driving licence or a passport . These and other identity documents may , according to the prevailing practice , be issued in the adopted names of the person in question with a minimum of formality . In the case of transsexuals , the documents are also issued so as to be in all respects consistent with the new identity . Thus , the practice is to allow the transsexual to have a current photograph in his or her passport and the prefix \" Mr \" , \" Mrs \" , \" Ms \" or \" Miss \" , as appropriate , before his or her adopted names .", "ORG The system of civil registration of births , deaths and marriages was established by statute in GPE and GPE in DATE . Registration of births is at present governed by ORG \" the CARDINAL LAW \" ) , which requires that the birth of every child be registered by ORG for the area in which the child is born . The particulars to be entered are prescribed in regulations made under LAW .", "A birth certificate takes the form either of an authenticated copy of the entry in the register of births or of an extract from the register . A certificate of the latter kind , known as a \" short certificate of birth \" , is in a form prescribed and contains such particulars as are prescribed by regulations made under LAW , that is the name and surname , sex , date of birth and place of birth of the individual . It omits , notably , any particulars relating to parentage or adoption contained in the register .", "An entry in a birth register and the certificate derived therefrom are records of facts at the time of birth . Thus , in GPE and GPE the birth certificate constitutes a document revealing not current identity , but historical facts . The system is intended to provide accurate and authenticated evidence of the events themselves and also to enable the establishment of the connections of families for purposes related to succession , legitimate descent and distribution of property . The registration records also form the basis for a comprehensive range of vital statistics and constitute an integral and essential part of the statistical study of population and its growth , medical and fertility research and the like .", "ORG The DATE LAW provides for the correction , by the registrar or superintendent registrar , of clerical errors , such as the incorrect statement or omission of DATE of the birth , and for the correction of factual errors ; however , in the latter case , an amendment can be made only if the error occurred when the birth was registered . The birth register may also , within DATE from the date of registration , be altered to give or change the name of a child .", "Statutory provision is made for the re - registration of the birth of a child who has been legitimated by the subsequent marriage of his parents . Thereafter birth certificates supplied concerning him take the form of a certified copy of the entry of re - registration ; no copy of the previous entry may be given except under the direction of ORG .", "Under LAW DATE , where a child is adopted , an entry ( not including the names of the natural parents ) will be made in a separate register known as LAW . In addition , the original entry in the register of births will be marked with the word \" Adopted \" . The Registrar General keeps books to make traceable the connection between the entries in the CARDINAL registers but these books are not accessible to the public , save on application by the adopted person himself or by order of a court . It is open to anyone to obtain a certified copy of the entry in LAW or a short certificate which contains no particulars relating to parentage .", "ORG The criteria for determining the sex of the person to be registered are not laid down in the DATE Act nor in any of the regulations made under it . However , the practice of ORG is to use exclusively the biological criteria : chromosomal , gonadal and genital sex . The fact that it becomes evident later in life that the person ’s \" psychological sex \" is at variance with these biological criteria is not considered to imply that the initial entry was a factual error and , accordingly , any request to have the initial entry changed on this ground will be refused . Only in cases of a clerical error , or where the apparent and genital sex of the child was wrongly identified or in case of biological intersex , i.e. cases in which the biological criteria are not congruent , will a change of the initial entry be contemplated and it is necessary to adduce medical evidence that the initial entry was incorrect . However , no error is accepted to exist in the birth entry of a person who undergoes medical and surgical treatment to enable that person to assume the role of the opposite sex .", "ORG Indexes are maintained of all entries in birth registers . It is open to any member of the public to search the indexes ( but not the registers themselves ) and obtain a certified copy of any such entry . However , identification of the index reference requires prior knowledge not only of the name under which the person concerned was registered , but also of the approximate date and place of birth and the registration district .", "ORG The law does not require that the birth certificate be produced for any particular purpose , although a certificate may in practice be requested by certain institutions and employers .", "A birth certificate has in general to accompany a first application for a passport , but is not needed for its renewal or replacement or for an application for a driving licence . A birth certificate is also usually ( though not invariably ) required by insurance companies when issuing pension or annuity policies , but not for the issue of motor or household policies nor , as a rule , for the issue of a life insurance policy . It may also be required when enrolling at a university and when applying for employment , inter alia , with the Government . In the case of a religious marriage ceremony , the celebrant is not obliged nor is there any statutory power under LANGUAGE law to ask the parties to produce copies of their birth certificates ( see also paragraph CARDINAL below ) .", "ORG In LANGUAGE law , marriage is defined as a voluntary union for life of CARDINAL man and CARDINAL woman to the exclusion of all others ( per Lord GPE in PERSON ( DATE ) Law Reports CARDINAL Probate and Divorce CARDINAL , CARDINAL ) . LAW DATE gives statutory effect to the common - law provision that a marriage is void ab initio if the parties are not respectively male and female .", "Under LAW of the same LAW , a marriage which is not consummated owing to the incapacity or wilful refusal of CARDINAL of the parties to consummate it , is voidable .", "ORG According to the decision of ORG in PERSON v. PERSON [ DATE ] Probate Reports CARDINAL , sex , for the purpose of contracting a valid marriage , is to be determined by the chromosomal , gonadal and genital tests where these are congruent , and without regard to any operative intervention . The relevance of a birth certificate to the question whether a marriage is void only arises as a matter of evidence which goes to the proof of the identity and sex of the person whose birth it certifies . The entry in the birth register is prima facie evidence of the person ’s sex . It may , however , be rebutted if evidence of sufficient weight to the contrary is adduced .", "ORG If , for the purpose of procuring a marriage or a certificate or licence for marriage , any person knowingly and wilfully makes a false oath or makes or signs a false declaration , notice or certificate required under LAW relating to marriage , he or she is guilty of an offence under section CARDINAL(CARDINAL ) of LAW . However , a person contracting a marriage abroad is not liable to prosecution under LAW .", "ORG The biological definition of sex laid down in PERSON v. PERSON has been followed by LANGUAGE courts and tribunals on a number of occasions and for purposes other than marriage .", "In CARDINAL case concerning prostitution , a male - to - female transsexual , who had undergone both hormone and surgical treatment , was nevertheless treated as a male by ORG for the purposes of CARDINAL of LAW DATE and section CARDINAL of LAW ( GPE v. PERSON and Others [ DATE ] CARDINAL All England Law Reports CARDINAL ) . In CARDINAL cases concerning social security legislation , male - to - female transsexuals were considered by ORG Commissioner as males for the purposes of retirement age ; in the first case the person in question had only received hormone therapy , in the second she had involuntarily begun to develop female secondary characteristics at DATE , which developments were followed by surgery and adoption of a female social role DATE ( cases R ( P ) CARDINAL and R ( P ) CARDINAL in the DATE Volume of ORG ) . Lastly , in a case before an ORG a female - to - male transsexual , who had not undergone any sex - change treatment , was treated as a female by the ORG for the purposes of LAW DATE ; the person in question had sought and received employment in a position reserved for men under LAW , but was dismissed after discovery of her biological sex ( NORP v. ORG [ DATE ] ORG CARDINAL ) ." ]

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[ "12", "8" ]

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[ "H.L.R. , who is a NORP national and was born in DATE , is currently in GPE subject to a compulsory residence order .", "ORG On DATE the applicant , who was travelling from GPE to GPE , was arrested while in transit at FAC in possession of a package containing QUANTITY of cocaine .", "According to the record of the interviews that took place on DATE , whilst he was in police custody H.L.R. supplied information on the instigators of the traffic and on PERSON , by whom he had been recruited . That information subsequently enabled ORG to identify PERSON , who appeared in their records under CARDINAL different names and had been arrested on CARDINAL DATE at GPE - on - FAC in possession of QUANTITY of cocaine . PERSON was convicted and on DATE was sentenced by the GPE - on - ORG to DATE and CARDINAL months’ imprisonment ; he was deported to GPE pursuant to an order issued on DATE by ORG ( PERSON ) of the district ( PERSON ) of ORG - Dieking .", "ORG In the meantime , on DATE , ORG had convicted the applicant of an offence under the misuse of drugs legislation and sentenced him to DATE imprisonment . It also made an order permanently excluding him from NORP territory .", "ORG On DATE ORG upheld both that judgment and the judgment of DATE of the same court whereby his application to have the permanent exclusion order cancelled was dismissed .", "ORG On DATE the applicant , arguing in particular that he had assisted the judicial authorities , petitioned the President of the Republic to have the exclusion order rescinded . His petition was dismissed on DATE .", "ORG On DATE the ORG public prosecutor , who had initially instructed the Prefect of the LOC département to enforce the exclusion order on DATE , the date of the applicant ’s release , ordered that his deportation be stayed .", "ORG After serving his sentence , the applicant was given accommodation , at the home of one of his prison visitors .", "Notwithstanding that the petition to the President was pending , the Minister of the ORG directed that the applicant ’s file be submitted to ORG for an opinion in accordance with section CARDINAL of the Ordinance of DATE as amended ( see paragraph CARDINAL below ) .", "ORG On DATE , having been informed of the risks the applicant would run if he were deported to GPE , ORG expressed the following opinion :", "\" ORG is of the opinion that [ H.L.R. ] should not be deported as his presence in GPE does not constitute a serious threat to public order and there are in addition good reasons for believing that his integration in the national community is possible . \"", "ORG On DATE the Minister of the Interior nonetheless issued an order for the applicant ’s deportation . He relied on the following reasons :", "PERSON , a NORP national , ... , committed a drugs offence in DATE by illegally importing QUANTITY of heroin [ sic ] ;", "Whereas on account of his general behaviour the presence of this foreign national in NORP territory represents a serious threat to public order ;", "Having regard to the opinion issued on DATE by ORG referred to in section CARDINAL of the Ordinance [ no . CARDINAL - CARDINAL of DATE , as amended , concerning the conditions of entry and residence of aliens in GPE ] . \"", "ORG The Prefect of the LOC département served the deportation order on the applicant by a letter of CARDINAL DATE , which the applicant received on DATE He stated that the applicant was to be deported to GPE , unless he was accepted by another country , within DATE of the date of receipt of the letter . On DATE the ORG granted the applicant a final extension of DATE in which to find a host country .", "ORG On DATE the applicant applied to the Minister of the Interior to have the deportation order rescinded . His application was rejected on CARDINAL DATE on the following grounds :", "\" I regret [ to have ] to inform you that , at the present time , in spite of the various considerations you cite in your client ’s favour , it is impossible for me to grant your application because the acts which gave rise to the order for your client ’s deportation occurred recently and were serious . In DATE he was involved in the trafficking of QUANTITY of heroin [ sic ] .", "Consequently his presence in GPE continues to constitute a serious threat to public order . \"", "ORG At the same time , by applications lodged with ORG and registered on DATE the applicant sought judicial review of the deportation order and of the refusal to rescind it .", "ORG In its judgment of DATE served on DATE , the court joined and then dismissed the applications . It gave the following reasons :", "\" Under the final paragraph of LAW bis of the LAW of DATE , ` an alien shall not be sent to a country if he shows that he is in danger of losing his life or his liberty there or that he will be exposed there to treatment contrary to LAW DATE ; by virtue of the provisions of LAW ) of ORG , ` CARDINAL . Everyone ’s right to life shall be protected by law ... ’ and of LAW ( article CARDINAL ) : ` No one shall be subjected to torture or to inhuman or degrading treatment or punishment.’ ; the impugned deportation order of DATE did no more than enjoin [ Mr H.L.R. ] to leave NORP territory ; it follows that , in any event , the submission that his return to GPE would infringe the provisions cited above ( article CARDINAL , article CARDINAL ) is ineffective .", "... [ Mr H.L.R. ] is single , has no children and no family life in GPE ; it follows that the submission that the provisions [ of LAW article CARDINAL) of ORG ] have been infringed can not be accepted . \"", "ORG On DATE the applicant appealed against that judgment to ORG . The outcome of the appeal is not known .", "ORG In the meantime , the Minister of the ORG had issued a compulsory residence order on DATE pursuant to LAW . CARDINAL - CARDINAL of DATE as amended ( see paragraph CARDINAL below ) . Considering that it had been established that the applicant was unable to leave GPE at that time , the Minister ordered him to reside in a designated location \" until such time as he [ was ] in a position to comply with the deportation order against him \" . That position has remained unchanged .", "ORG The applicant ’s deportation is governed by Ordinance no . CARDINAL - CARDINAL of DATE \" on the conditions of entry and residence [ of aliens ] in GPE \" , as amended by PERSON no . CARDINAL of DATE . The relevant provisions , in the wording applicable at the date of the impugned decision , are as follows :", "\" Subject to the provisions of LAW , deportation may be decided by order of the Minister of the ORG if an alien ’s presence on NORP territory constitutes a serious threat to public order .", "The deportation order may at any time be rescinded by the Minister of the ORG . Where the application for an order to be rescinded is made on the expiry of a period of DATE from the actual execution of the deportation order , it may be rejected only after the opinion of the board provided for in section DATE , before which the applicant may be represented , has been obtained .", "... \"", "\" PERSON as provided for in section CARDINAL may be ordered only where the following conditions are satisfied :", "( CARDINAL ) The alien must be given advance notice in accordance with the conditions laid down in a decree of the ORG d’Etat ;", "( CARDINAL ) The alien shall be summoned to be interviewed by a board convened by the prefect and composed as follows :", "the president of the tribunal de grande instance of the administrative capital of the département or a judge delegated by him , chairman ;", "a judicial officer ( magistrat ) designated by the general assembly of the tribunal de grande instance of the administrative capital of the département ; and", "an administrative court judge .", "The head of the GPE department at the prefecture shall act as rapporteur ; the director of health and social affairs of the département or his representative shall be heard by the board . They shall not attend the board ’s deliberations .", "The summons , which must be served on the alien DATE before the board ’s meeting , shall inform him that he has the right to be assisted by a lawyer or by any other person of his choice and to be heard with the help of an interpreter .", "The alien may request legal aid in accordance with Law no . CARDINAL of DATE on legal aid . Reference shall be made to this possibility in the summons . A provisional grant of legal aid may be decided by the chairman of the board .", "The board ’s hearing shall be public . The chairman shall ensure the proper conduct of the proceedings . All orders made by him to that end must be executed immediately . Before the board the alien may put forward all the reasons that militate against his deportation . A report recording the alien ’s statements shall be transmitted , together with the board ’s opinion , to the Minister of the ORG , who shall give a decision . The board ’s opinion shall also be communicated to the person concerned . \"", "\" A deportation order made under LAW may not be issued against the following persons :", "( CARDINAL ) a minor alien DATE ;", "( CARDINAL ) an alien who proves by any means that he has habitually resided in GPE since DATE or younger ;", "( CARDINAL ) an alien who proves by any means that he has habitually resided in GPE for DATE or an alien who has lawfully resided in GPE for DATE , unless for the whole of this period he has been in possession of a temporary residence permit bearing the word ‘ ORG ;", "( CARDINAL ) an alien , who has been married for DATE and whose spouse is a NORP national provided that they have not ceased to live together and that the spouse has kept his or her NORP nationality ;", "( CARDINAL ) an alien who is the father or the mother of a NORP child residing in GPE provided that he or she exercises parental rights , even only on a partial basis , in respect of the child or actually provides for him or her ;", "( CARDINAL ) an alien who is in receipt of an industrial accident or occupational disability pension paid by a NORP institution where his or her permanent disability is PERCENT ;", "( CARDINAL ) an alien residing lawfully in GPE by virtue of CARDINAL of the residence permits provided for in this Ordinance or in the international agreements , who has not been sentenced with final effect to a non - suspended term of imprisonment of DATE or more .", "However , by way of derogation to ( CARDINAL ) above , an alien may be expelled if he has been sentenced with final effect to a non - suspended term of imprisonment for an offence under LAW of this GPE , sections CARDINAL and CARDINAL of Law no . CARDINAL - CARDINAL of DATE on multiple occupation , ORG L-CARDINAL - CARDINAL , L-CARDINAL - CARDINAL - CARDINAL , CARDINAL and CARDINAL of the Labour Code or Articles CARDINAL - CARDINAL to CARDINAL - CARDINAL of LAW .", "The aliens referred to in sub - paragraphs ( CARDINAL ) to ( CARDINAL ) may not be the subject of a removal order made under LAW of this GPE .", "By way of derogation from the provisions of this section , a deportation order under sections CARDINAL and DATE may be made against an alien falling within CARDINAL of the categories listed in sub - paragraphs ( CARDINAL ) , ( CARDINAL ) , ( CARDINAL ) and ( CARDINAL ) if he or she has been sentenced with final effect to a non - suspended term of imprisonment of DATE . \"", "\" An alien who is the subject of a deportation order or who has to be removed from GPE shall be sent to :", "( CARDINAL ) the country of which he is a national unless ORG or ORG has granted him refugee status or has not yet ruled on his application for asylum ; or", "( CARDINAL ) a country which has delivered him a travel document which is currently valid ; or", "( CARDINAL ) a country which he may lawfully enter .", "An alien shall not be sent to a country in which he shows that there is a danger that he will lose his life or liberty or that he will there be exposed to treatment contrary to LAW DATE . \"", "\" An alien subject to a deportation order or required to leave GPE who proves that it is impossible for him to leave GPE by showing that he can neither return to his country of origin nor travel to any other country may , by way of derogation from section QUANTITY bis , be ordered to reside in a designated location where he must report to the police and the gendarmerie at regular intervals . \"" ]

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[ "3" ]

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[ "The applicants were born in DATE , DATE , DATE and DATE respectively and live in ORG and PERSON respectively .", "In DATE the applicants ' plots of land in ORG were expropriated by ORG and Highways . A committee of experts assessed the value of these lands and the determined amounts were paid to them when the expropriation took place .", "On DATE , DATE and DATE respectively , the applicants filed separate actions for compensation with ORG .", "On DATE the first - instance court ordered the administration to pay ORG Ateş MONEY ( TRL ) plus interest at the statutory rate , running from DATE , the date on which the ownership of the property was transferred to ORG .", "On DATE the first - instance court ordered the administration to pay PERSON TRL CARDINAL plus interest at the statutory rate , running from DATE , the date on which the ownership of the property was transferred to ORG .", "On DATE , the first - instance court ordered the administration to pay ORG GPE CARDINAL plus interest at the statutory rate , running from DATE , the date on which the ownership of the property was transferred to ORG .", "On DATE the first - instance court ordered the administration to pay FAC CARDINAL,CARDINAL,CARDINAL,CARDINAL plus interest at the statutory rate , running from DATE , the date on which the ownership of the property was transferred to ORG .", "ORG upheld the above - mentioned judgments of ORG on DATE , DATE and CARDINAL DATE respectively .", "On DATE , DATE , CARDINAL May and DATE respectively , the administration paid the applicants the amounts due together with interest .", "The relevant domestic law and practice are outlined in the Aka v. GPE judgment of DATE ( Reports of Judgments and Decisions CARDINAL-VI , § § CARDINAL - CARDINAL ) , and PERSON v. GPE judgment of DATE ( Reports CARDINAL , § § CARDINAL ) ." ]

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[ "The applicant was born in DATE and lives in LOC .", "In DATE he brought a court action against ORG of GPE . He sought to recover the monetary value of the state - issued promissory notes for the purchase of a NORP - made car .", "By judgment of DATE the ORG of the Tyumen Region awarded the applicant MONEY ( RUR ) and recovered in his favour RUR CARDINAL in compensation for court fee . ORG specified that those amounts had to be paid by ORG at the expenses of the ORG of GPE . The judgment was upheld on appeal by ORG on DATE .", "On an unspecified date the President of ORG granted ORG request to file a motion for supervisory review with the Presidium of ORG .", "On DATE the Presidium of ORG , by way of supervisory review , upheld the judgment of DATE .", "The judgment of DATE , as upheld on DATE , remains unenforced to date ." ]

[ "6" ]

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[ "The applicant is a NORP national who was born in DATE and lives in GPE , GPE .", "On DATE the applicant acquired the right to a long - term lease of a flat ( spółdzielcze lokatorskie prawo do lokalu ) in a building owned by ORG - operative ( PERSON ) .", "On DATE the co - operative sued the applicant in ORG ( Sąd Rejonowy ) , seeking payment . On DATE the court gave judgment and granted the claim . The applicant appealed against this judgment . On DATE ORG ( Sąd Wojewódzki ) amended the first - instance judgment .", "Subsequently , the applicant twice requested the Minister of ORG to grant her leave to file an extraordinary appeal with ORG ( Sąd Najwyższy ) . Her first request was rejected on DATE .", "NORP On DATE , upon the applicant ’s second request , the Minister of ORG filed a cassation appeal on the applicant ’s behalf , contesting the judgment of ORG of DATE .", "On DATE ORG quashed both judgments given in the applicant ’s case and remitted the case to the court of first instance . It held that the lower courts had committed serious errors of fact and law .", "On DATE ORG joined the applicant ’s case with similar proceedings against CARDINAL other members of the cooperative .", "On DATE the court held a hearing .", "On DATE the court ordered that expert evidence be obtained .", "On DATE the court exempted the applicant from CARDINAL of the court fees due . The applicant appealed . On DATE ORG rejected her appeal .", "On DATE the trial court ordered that further expert evidence be obtained . On DATE the expert submitted his report to the court . On DATE the applicant challenged the expert ’s opinion of CARDINAL DATE .", "On DATE the court held a hearing and listed the next hearing for DATE .", "On DATE the ORG gave judgment . On DATE the applicant appealed against this judgment .", "It appears that the proceedings are pending ." ]

[ "6" ]

[ "6-1" ]

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[ "The applicant , Mr PERSON , is a NORP national who was born in DATE and lives in GPE . He was represented before ORG , solicitors in GPE . ORG ( “ the Government ” ) were represented by their Agent , PERSON of ORG .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "The applicant ’s wife died on DATE . In DATE , the applicant made a claim for widows’ benefits . On DATE and CARDINAL DATE the applicant was informed that his claim had been disallowed as he was not a woman . The applicant did not appeal further as he considered or was advised that such a remedy would be bound to fail since no such social security benefit was payable to widowers under GPE law .", "The domestic law relevant to this application is set out in Runkee and White v. GPE , no . CARDINAL , § § CARDINAL , DATE ." ]

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[ "The applicants were born in DATE , DATE and DATE , respectively , and live in GPE .", "NORP Before the dissolution of ORG ( “ the SFRY ” ) , PERSON and PERSON deposited foreign currency in the then GPE and PERSON in the ORG branch of ORG . It would appear that the balance in their accounts is MONEY ( ORG ) , DEM CARDINAL,CARDINAL.CARDINAL and DEM CARDINAL,CARDINAL.CARDINAL , respectively . PERSON also has MONEY ( ORG ) and CARDINAL NORP schillings in his accounts .", "Until the DATE economic reforms , the commercial banking system consisted of basic and associated banks . Basic banks were as a rule founded and controlled by socially owned companies based in the same territorial unit ( that is , in CARDINAL of GPE , GPE , GPE , GPE , GPE and GPE DATE or ORG and GPE ) . The founders of GPE were thus CARDINAL socially owned companies from GPE ( such as GPE , Gorenje Bira Bihać , GPE , GPE , PERSON ) and Pamučni kombinat Vranje from GPE . CARDINAL basic banks could form an associated bank , while preserving their separate legal personality . In DATE Ljubljanska Banka Sarajevo , GPE , GPE and some other basic banks thus founded an associated bank – PERSON . Similarly , in DATE GPE and a number of other basic banks founded GPE udružena Banka GPE . In the SFRY there were CARDINAL basic and CARDINAL associated banks ( GPE , PERSON , PERSON , GPE , GPE , PERSON GPE , GPE , PERSON and PERSON ) .", "Being hard - pressed for hard currency , the SFRY made it attractive for its expatriates and other citizens to deposit foreign currency with its banks . Such deposits earned high interest ( the DATE interest rate often exceeded PERCENT ) . Moreover , they were guaranteed by the ORG ( see section CARDINAL(CARDINAL ) of ORG DATE and section CARDINAL(CARDINAL ) of the PERSON and Other Financial Institutions Act DATE ) . The ORG guarantee was to be activated in case of the bankruptcy or “ manifest insolvency ” of a bank at the request of the bank ( section CARDINAL of the Banks and Other Financial Institutions Insolvency Act DATE and the relevant secondary legislation ) . None of the banks under consideration in the present case made such a request . It should be emphasised that savers could not request the activation of the guarantee on their own . They were nevertheless entitled , in accordance with LAW DATE , to collect their deposits at any time , together with accrued interest , from basic banks ( see sections CARDINAL and CARDINAL of that Act ) .", "Beginning in DATE , the commercial banks incurred foreignexchange losses because the dinar exchange rate depreciated . In response , the SFRY set up a system for “ redepositing ” of foreign currency , allowing commercial banks to transfer ORG foreign - currency deposits to ORG ( “ the ORG ” ) , which assumed the currency risk ( see section CARDINAL(CARDINAL ) of ORG DATE ) . Although the system was optional , commercial banks did not have another option as they were not allowed to maintain foreign - currency accounts with foreign banks , as was necessary to make payments abroad , nor were they allowed to grant foreign - currency loans . Virtually all foreign currency was therefore redeposited with the ORG . It should be emphasised , however , that only a fraction of that money was physically transferred to the ORG ( see PERSON and Others v. GPE [ ORG ] , ORG . CARDINAL/CARDINAL , CARDINAL and CARDINAL , § § DATE and DATE , DATE ; see also decision ORG CARDINAL of ORG DATE , § CARDINAL ) .", "With regard to GPE , the redepositing scheme functioned as follows . Pursuant to a series of agreements between that bank , GPE , ORG and ORG , GPE had to ship on a DATE basis any difference between foreign currency deposited and foreign currency withdrawn to ORG . The foreign currency so shipped was recorded as a claim of GPE against the ORG . ORG maintained in the present case that ORG then shipped all those funds to the ORG , but they failed to provide any proof in that regard . They proved only that a part of those funds had been shipped back to GPE at the request of that bank to meet its liquidity needs ( in the period when more foreign currency was withdrawn than deposited ) . The exact figures are : in DATE DEM CARDINAL,CARDINAL , CARDINAL was shipped to GPE and DEM CARDINAL,CARDINAL back to GPE ; in DATE DEM CARDINAL,CARDINAL,CARDINAL was shipped to GPE and DEM CARDINAL,CARDINAL back to GPE , in DATE DEM CARDINAL,CARDINAL,CARDINAL was shipped to GPE and DEM CARDINAL,CARDINAL,CARDINAL back to GPE , and so on . In total , DATE DEM CARDINAL,CARDINAL,CARDINAL was shipped to GPE and DEM CARDINAL,CARDINAL,CARDINAL ( that is , PERCENT ) back to GPE .", "Another relevant factor is that basic banks were granted dinar loans ( initially , interest - free ) by the ORG in return for the value of the redeposited foreign currency . The dinars so received were used by basic banks to give credits , at interest rates below the rate of inflation , to companies based , as a rule , in the same territorial unit ( for instance , in the case of FAC , such credits were given to PERSON , PERSON , Šipad Šator Glamoč , PERSON , ORG , PERSON , PERSON , PERSON , and so on ) .", "In DATE the redepositing system was brought to an end ( by virtue of section CARDINAL of ORG DATE , as amended on DATE ) . Banks were given permission to open foreign - currency accounts with foreign banks . GPE , like other banks , seized that opportunity and deposited in total MONEY with foreign banks in the period from DATE until DATE .", "Within the framework of the DATE reforms , the SFRY abolished the system of basic and associated banks described above . This shift in the banking regulations allowed some basic banks to opt for an independent status , while other basic banks became branches ( without legal personality ) of the former associated banks to which they had formerly belonged . On DATE Ljubljanska Banka GPE thus became a branch ( without legal personality ) of PERSON and the latter took over the former ’s rights , assets and liabilities . By contrast , ORG became an independent bank with its headquarters in GPE and a number of branches in GPE ( including the GPE branch at which PERSON had accounts ) . Moreover , the convertibility of the dinar was declared and very favourable exchange rates were fixed by the ORG . It led to a massive withdrawal of foreign currency from commercial banks . The SFRY therefore resorted to emergency measures restricting to a large extent the withdrawals of foreign - currency deposits . For example , as of DATE , when section CARDINAL of ORG DATE was amended , savers could use their savings only to pay for imported goods or services for their own or close relatives’ needs , to purchase foreign - currency bonds , to make testamentary gifts for scientific or humanitarian purposes , or to pay for life insurance with a local insurance company ( before , they could use their deposits also to pay for goods and services abroad ) . In addition , section CARDINAL of a decision of ORG of DATE , which was in force until DATE , and section DATE of a decision of the ORG of DATE , which ORG declared unconstitutional on DATE , limited the amount which savers could withdraw or use for the above purposes to DEM CARDINAL at a time , but not more than DEM CARDINAL,CARDINAL per month .", "The SFRY disintegrated in DATE . In the successor GPE , foreign currency deposited beforehand is customarily referred to as “ old ” or “ frozen ” foreign - currency savings .", "NORP In DATE GPE took over the statutory guarantee for “ old ” foreign - currency savings from ORG ( see section CARDINAL of LAW DATE ) . Although the relevant statutory provisions were not clear in that regard , ORG held that the guarantee covered “ old ” foreign - currency savings in domestic banks only ( see its report CARDINAL of CARDINAL DATE ) .", "While during the war all “ old ” foreign - currency savings remained frozen , withdrawals were exceptionally allowed on humanitarian grounds and in some other special cases ( see the relevant secondary legislation ) .", "After the DATE - CARDINAL war , each of ORG the ORG ” – and ORG ) enacted its own legislation on “ old ” foreign - currency savings . Only the PERSON legislation is relevant in the present case , given that the branches in issue are situated in that Entity . In DATE the PERSON assumed liability for “ old ” foreign - currency savings in banks and branches placed in its territory ( see section CARDINAL(CARDINAL ) of LAW DATE and ORG ) . Such savings remained frozen , but they could be used to purchase ORG - owned flats and companies under certain conditions ( section CARDINAL of LAW CARDINAL , as amended in DATE ) .", "In DATE the PERSON enacted new legislation . It undertook to repay “ old ” foreign - currency savings in domestic banks in that Entity , regardless of the citizenship of the depositor concerned . Its liability for such savings in the branches of ORG and GPE were expressly excluded ( see section CARDINAL(CARDINAL ) of ORG ) .", "In DATE the liability for “ old ” foreign - currency savings in domestic banks passed from the Entities to the ORG . Liability for such savings at the local branches of ORG and GPE are again expressly excluded , but the ORG must help the clients of those branches to obtain the payment of their savings from GPE and GPE , respectively ( see section CARDINAL of ORG DATE ) . In addition , all proceedings concerning “ old ” foreign - currency savings ceased by virtue of law ( see section CARDINAL of that Act ; that provision was declared constitutional by decision U CARDINAL/CARDINAL of ORG DATE , § CARDINAL ) . ORG has examined numerous individual complaints about the failure of GPE and its Entities to pay back “ old ” foreign - currency savings at the domestic branches of GPE and GPE : it held that neither GPE nor its Entities were liable and ordered instead the ORG to help the clients of those branches to recover their savings from GPE and GPE , respectively ( see , for example , decisions ORG CARDINAL of DATE , ORG CARDINAL of DATE and ORG CARDINAL of DATE ) .", "NORP In DATE Ljubljanska Banka Sarajevo became a branch , without legal personality , of GPE and the latter took over the former ’s rights , assets and liabilities . Pursuant to the companies register , the GPE branch acted on behalf and for the account of the parent bank . On DATE the amount of foreign - currency savings at the GPE branch was MONEY , but it would appear that CARDINAL was in the vault of the GPE branch on DATE . While it is unclear what happened with the remaining sum , it is likely that most of it ended up in GPE ( see paragraph CARDINAL above ) .", "A domestic bank , GPE , was set up in DATE . It assumed PERSON liability for “ old ” foreign - currency savings at the GPE branch . In DATE ORG GPE carried out an inspection and noted many shortcomings . First of all , its management had not been properly appointed and it was not clear who its shareholders were . ORG therefore appointed a director of GPE . Secondly , as a domestic bank , GPE could not have assumed a foreign bank ’s liability for “ old ” foreign - currency savings , as this would impose new financial obligations on the ORG ( as the ORG was the statutory guarantor for “ old ” foreign - currency savings in all domestic banks ) . ORG ordered that a closing balance sheet for the GPE branch of ORG as at DATE be drawn up urgently and that its relations with the parent bank be defined . However , according to the companies register , ORG had remained liable for “ old ” foreign - currency savings at ORG GPE branch until DATE ( see paragraph CARDINAL below ) . Accordingly , it continued to administer the savings of clients of the GPE branch ; those savings were used in the privatisation process in the PERSON ( see paragraph CARDINAL above ) ; and a domestic court ordered GPE to pay those savings in CARDINAL case ( see ORG v. GPE ( dec . ) , no . CARDINAL , DATE ) .", "In DATE the ORG placed that domestic bank under its provisional administration for the reason that it had undefined relations with the foreign PERSON .", "By virtue of an amendment to LAW , in DATE ORG extended the statutory time - limit for the deletion of war - time entries in the companies register until DATE . Shortly thereafter , in DATE ORG decided that the domestic GPE was not the successor of the GPE branch of the foreign PERSON ; that it was not liable for “ old ” foreign - currency savings in that branch ; and that , as a result , the DATE entry in the companies register stating otherwise must be deleted .", "In DATE the domestic GPE sold its assets and let out LOC and equipment belonging to ORG GPE branch to a NORP company which , in return , undertook to pay debts of GPE . While endorsing that agreement , the ORG emphasised that all premises and archives of ORG GPE branch remained under the care of the ORG pending the final determination of the status of that branch .", "In DATE the competent court started bankruptcy proceedings against the domestic GPE . They are still pending .", "The GPE branch of GPE has at all times had the status of a branch without legal personality . The size of “ old ” foreign - currency savings at that branch was MONEY ( MONEY ) on DATE . The branch closed on DATE and it has never resumed its activities . It is unclear what happened with its funds , but given the manner in which the redepositing scheme was administered ( see paragraph CARDINAL above ) , it is likely that most of them ended up in GPE .", "In DATE the competent court in GPE made a bankruptcy order against GPE . The NORP authorities then sold the premises of the ORG branches of ORG ( those in ORG had been sold in DATE ) . The bankruptcy proceedings are still pending .", "In DATE ORG placed the LOC and archives of the ORG branches of ORG under its care , but it would appear that ORG no longer has any LOC or archives in the PERSON .", "NORP In DATE , at the request of the ORG authorities , the NORP authorities started a criminal investigation into the manner in which the archives of the GPE branch had been transferred to the NORP territory in DATE .", "ORG argued that they had repaid “ old ” foreign - currency savings in domestic banks and their foreign branches , regardless of the citizenship of the depositor concerned . Indeed , it is clear that they repaid such savings of NORP - Herzegovinian citizens in NORP - Herzegovinian branches of NORP banks . However , ORG provided decisions of ORG ( PERSON CARDINAL/CARDINAL - DATE , PERSON CARDINAL/CARDINAL - CARDINAL of CARDINAL and PERSON ORG ) holding that the term used in that legislation ( građanin ) meant a NORP citizen and argued that it was not excluded that the NORP - Herzegovinian citizens in issue were also NORP citizens or that an ad hoc agreement had been concluded .", "GPE also repaid its ORG “ old ” foreign - currency savings which had been transferred from ORG GPE branch to domestic banks at the request of the depositors concerned ( see section CARDINAL of ORG DATE and the relevant secondary legislation ) . Apparently , CARDINAL of all clients of that branch used that possibility . As to its remaining clients , whose “ old ” foreign - currency savings allegedly amount to MONEY , some of them have pursued civil proceedings in the NORP courts and CARDINAL of them have obtained their “ old ” foreign - currency savings from a forced sale of assets of that branch located in GPE ( decisions of ORG of DATE and DATE ) . Some others are pursuing civil proceedings in the NORP courts ( see paragraph CARDINAL below ) .", "In the direct aftermath of the dissolution of the SFRY , “ old ” foreigncurrency savings in domestic banks remained frozen , but withdrawals were exceptionally allowed on humanitarian grounds regardless of the citizenship of the depositor concerned ( see the relevant secondary legislation ) .", "In DATE and then again in DATE GPE agreed to repay “ old ” foreign - currency savings in domestic branches of domestic banks of its citizens and of citizens of all GPE other than the successor LAW of the SFRY . All savings of citizens of ORG and all savings in domestic NORP branches located in those GPE remained frozen pending succession negotiations . Moreover , all proceedings concerning “ old ” foreign - currency savings ceased by virtue of law in accordance with sections CARDINAL and CARDINAL of ORG Act DATE and sections CARDINAL and CARDINAL of ORG .", "NORP In DATE the competent court in GPE made a bankruptcy order against GPE . As a result , the ORG guarantee on “ old ” foreigncurrency savings was activated ( section CARDINAL of the Banks and Other Financial Institutions Insolvency Act DATE and LAW . CARDINAL clients of ORG branches of ORG unsuccessfully applied to be paid back within the context of the bankruptcy proceedings ; CARDINAL of them then pursued civil proceedings against GPE , but to no avail . The bankruptcy proceedings are still pending .", "In DATE GPE assumed the statutory guarantee from the SFRY for “ old ” foreign - currency savings in domestic branches of all banks , regardless of the citizenship of the depositor concerned ( see LAW of LAW DATE and LAW DATE ) . While , as a rule , anyone who shows legal interest may petition that abstract constitutionality review proceedings be initiated ( section CARDINAL of LAW DATE ) , ORG held that LAW DATE was not subject to such a review ( see its decisions nos . U - I-CARDINAL/CARDINAL of DATE and U - I-CARDINAL/CARDINAL of DATE ) .", "After futile attempts to register the GPE branch of ORG as a separate bank ( see the correspondence between the ORG and ORG of DATE stressing the unlawfulness of such proposals as GPE had meanwhile become an independent ORG and PERSON a foreign bank ) , GPE nationalised and then , in DATE , restructured ORG itself . A new bank , PERSON , took over GPE domestic assets and liabilities . The old bank retained the liability for “ old ” foreign - currency savings in its branches in the other successor GPE and the related claims against the ORG .", "In DATE all proceedings concerning “ old ” foreign - currency savings in the old Ljubljanska Banka ’s branches in the other successor GPE were stayed pending the outcome of the succession negotiations . In DATE ORG , upon a constitutional petition of CARDINAL NORP savers , declared that measure unconstitutional . ORG has thereafter rendered numerous judgments ordering the old Ljubljanska Banka to pay “ old ” foreign - currency savings in its GPE and GPE branches together with interest . It held that the relationship between the old Ljubljanska Banka and its clients at those branches was of a privatelaw nature . The fact that some foreign currency had allegedly been shipped to the ORG and that succession negotiations were pending was considered irrelevant . Similarly , it considered irrelevant the decisions regarding the status of the GPE branch set out in paragraphs CARDINAL - CARDINAL above . CARDINAL such judgment , concerning the GPE branch , has become final ( judgment P CARDINAL of DATE ) . A number of clients of the GPE and GPE branches have pursued civil proceedings also against GPE , but in vain . ORG has rejected such claims in CARDINAL cases ( as no appeals have been lodged , those decisions have become final ) . CARDINAL similar cases are apparently still pending .", "It paid back “ old ” foreign - currency savings in domestic banks and local branches of foreign banks , such as the GPE branch of ORG , regardless of the citizenship of the depositor concerned .", "NORP The matter of State succession is regulated by customary rules , partly codified in the DATE LAW in respect of Treaties and the DATE LAW in respect of ORG , ORG and GPE . Although the latter treaty is not yet in force and CARDINAL respondent GPE are parties to it as of DATE ( GPE , GPE and the former GPE ) , it is a well - established principle of international law that , even if a ORG has not ratified a treaty , it may be bound by one of its provisions in so far as that provision reflects customary international law , either codifying it or forming a new customary rule ( see PERSON v. GPE [ ORG ] , no . CARDINAL , § CARDINAL , ECHR DATE , and judgment of ORG in the LOC Cases of DATE , § CARDINAL ) .", "The fundamental rule is that GPE must together settle all aspects of succession by agreement ( see Opinion No . CARDINAL of ORG of ORG on the Former GPE , and LAW ) . If CARDINAL of the GPE refused to cooperate , it would be in breach of that obligation and would be liable internationally ( Opinion No . CARDINAL of ORG ) . While it is not required that each category of property and debts of a predecessor ORG be divided in equitable proportions , an overall outcome must be an equitable division ( LAW ; Opinion No . CARDINAL of ORG ; Articles CARDINAL , CARDINAL and DATE of ORG ) .", "This Agreement was the result of DATE of negotiations under the auspices of ORG on the former GPE and ORG ( an international administrator appointed under LAW to ORG for Peace in GPE ) . It was signed on DATE and entered into force between GPE , GPE , GPE and GPE ( later succeeded by GPE ) , GPE and the former GPE on DATE .", "The issue of “ old ” foreign - currency savings was a contentious one . The successor ORG had different views as to whether that issue should be dealt with as a liability of the SFRY under Annex C ( Financial Assets and ORG ) or as a private - law issue under ORG ) . Neither could those GPE agree whether the guarantees of the SFRY of “ old ” foreign - currency savings should be taken over by the ORG in which the parent bank in issue had its head office or by the ORG in which the deposit had actually been made . The following provisions were eventually included in ORG to the Agreement :", "“ Other financial liabilities [ of the SFRY ] include :", "( a ) guarantees by the SFRY or its ORG of hard currency savings deposited in a commercial bank and any of its branches in any successor ORG before the date on which it proclaimed independence ; ... ”", "“ Guarantees by the SFRY or its ORG of hard currency savings deposited in a commercial bank and any of its branches in any successor ORG before the date on which it proclaimed its independence shall be negotiated without delay taking into account in particular the necessity of protecting the hard currency savings of individuals . This negotiation shall take place under the auspices of ORG . ”", "In CARDINAL/CARDINAL CARDINAL rounds of negotiations regarding the distribution of the SFRY ’s guarantees of “ old ” foreign - currency savings were held . As the successor States could not reach an agreement , in DATE ORG ( “ the BIS ” ) informed them that the expert , Mr PERSON , had decided to terminate his involvement in the matter and that the PERSON had no further role to play in this regard . It concluded as follows :", "“ If , however , all CARDINAL successor GPE were to decide at a later stage to enter into new negotiations about guarantees of hard currency savings deposits and were to seek the ORG assistance in this regard , the ORG would be prepared to give consideration to providing such assistance , under conditions to be agreed . ”", "It appears that CARDINAL successor GPE ( all but GPE ) notified the ORG of their willingness to continue the negotiations shortly thereafter . GPE did so in DATE and received a response in DATE which , in so far as relevant , reads as follows :", "“ ... the ORG did recently reconsider this issue and believes that its contribution to any new round of negotiations , as part of a good offices role , could not bring added value , also bearing in mind the amount of time which lapsed since the last round of negotiations , as well as its current priorities in the field of monetary and financial stability . However , we would like to emphasise that the organisation of the DATE meetings in GPE offers the practical opportunity for the governors of the successor GPE to discuss this matter between them on an informal basis at the ORG . ”", "It should be noted that a comparable issue of the SFRY ’s guarantees of savings deposited with ORG and its branches had been settled outside the negotiations of ORG , in that each of the States had taken over the guarantees as to the branches in its territory .", "In accordance with LAW , a ORG of senior representatives of the successor GPE was established to monitor the effective implementation of the LAW and to serve as a forum in which issues arising in the course of its implementation could be discussed . It has so far met CARDINAL times : in DATE , in DATE and in DATE .", "The following provisions of this Agreement are also relevant in this case :", "“ ( CARDINAL ) Differences which may arise over the interpretation and application of this Agreement shall , in the first place , be resolved in discussion among the GPE concerned .", "( CARDINAL ) If the differences can not be resolved in such discussions within DATE of the first communication in the discussion the GPE concerned shall either", "( a ) refer the matter to an independent person of their choice , with a view to obtaining a speedy and authoritative determination of the matter which shall be respected and which may , as appropriate , indicate specific time - limits for actions to be taken ; or", "( b ) refer the matter to ORG established by LAW for resolution .", "( CARDINAL ) Differences which may arise in practice over the interpretation of the terms used in this LAW or in any subsequent agreement called for in implementation of the LOC to this Agreement may , additionally , be referred at the initiative of any ORG concerned to binding expert solution , conducted by a single expert ( who shall not be a national of any party to this Agreement ) to be appointed by agreement between the parties in dispute or , in the absence of agreement , by the President of ORG within the LOC . The expert shall determine all questions of procedure , after consulting the parties seeking such expert solution if the expert considers it appropriate to do so , with the firm intention of securing a speedy and effective resolution of the difference .", "( CARDINAL ) The procedure provided for in paragraph ( CARDINAL ) of this Article shall be strictly limited to the interpretation of terms used in the agreements in question and shall in no circumstances permit the expert to determine the practical application of any of those agreements . In particular the procedure referred to shall not apply to", "( a ) The Appendix to this Agreement ;", "( b ) Articles CARDINAL , CARDINAL and CARDINAL of Annex B ;", "( c ) Articles CARDINAL and CARDINAL ) of ORG ;", "( d ) LAW", "( CARDINAL ) Nothing in the preceding paragraphs of this Article shall affect the rights or obligations of the Parties to the present Agreement under any provision in force binding them with regard to the settlement of disputes . ”", "“ This Agreement shall be implemented by the successor ORG in good faith in conformity with the LAW of ORG and in accordance with international law . ”", "The obligation flowing from a pactum de negotiando , to negotiate with a view to concluding an agreement , must be fulfilled in good faith according to the fundamental principle pacta sunt servanda .", "ORG stated in its judgment of CARDINAL DATE in LOC ) :", "“ ... the parties are under an obligation to enter into negotiations with a view to arriving at an agreement , and not merely to go through a formal process of negotiation as a sort of prior condition for the automatic application of a certain method of delimitation in the absence of agreement ; they are under an obligation so to conduct themselves that the negotiations are meaningful , which will not be the case when either of them insists upon its own position without contemplating any modifications of it ... ”", "The decision of ORG on ORG in the case of GPE v. GPE of DATE reads , in so far as relevant , as follows ( § § DATE ) :", "“ However , a pactum de negotiando is also not without legal consequences . It means that both sides would make an effort , in good faith , to bring about a mutually satisfactory solution by way of a compromise , even if that meant the relinquishment of strongly held positions earlier taken . It implies a willingness for the purpose of negotiation to abandon earlier positions and to meet the other side part way . The language of the Agreement can not be construed to mean that either side intends to adhere to its previous stand and to insist upon the complete capitulation of the other side . Such a concept would be inconsistent with the term ‘ ORG . It would be the very opposite of what was intended . An undertaking to negotiate involves an understanding to deal with the other side with a view to coming to terms . Though the ORG does not conclude that LAW in connection with paragraph II of Annex I absolutely obligates either side to reach an agreement , it is of the opinion that the terms of these provisions require the parties to negotiate , bargain , and in good faith attempt to reach a result acceptable to both parties and thus bring an end to this long drawn out controversy ...", "The agreement to negotiate the disputed monetary claims , in this case , necessarily involves a willingness to consider a settlement . This is true , even though the dispute extends not only to the amount of the claims but to their existence as well . The principle of settlement is not thereby affected . Article CARDINAL does not necessarily require that the parties resolve the various legal questions on which they have disagreed . For example , it does not contemplate that both sides are expected to see eye to eye on certain points separating them , such as whether the disputed claims legally exist or not , or whether they are government or private claims . As to these points , the parties , in effect , have agreed to disagree but , notwithstanding their contentions with regard to them , they did commit themselves to pursue negotiations as far as possible with a view to concluding an agreement on a settlement ...", "The ORG considers that the underlying principle of the LOC Cases is pertinent to the present dispute . As enunciated by ORG , it confirms and gives substance to the ordinary meaning of ‘ ORG . To be meaningful , negotiations have to be entered into with a view to arriving at an agreement . Though , as we have pointed out , an agreement to negotiate does not necessarily imply an obligation to reach an agreement , it does imply that serious efforts towards that end will be made . ”" ]

[ "13", "P1" ]

[ "P1-1" ]

[ "P1-1-1" ]

[ "13", "P1" ]

[ "P1-1" ]

[ "P1-1-1" ]

[ "The applicant was born in DATE and lives in GPE .", "According to the police report , at TIME on DATE the applicant , who was drunk , grabbed a bag out of Ms C. ’s hands and attempted to run away . CARDINAL uniformed police officers , Mr M. and PERSON , who were patrolling the area , heard PERSON cry for help and saw the applicant running with the bag in his hands . They chased the applicant , caught him in the street , restrained him and took him to the nearby police station .", "The applicant alleged that when passing PERSON in the street he had slipped on the ground and grabbed her bag unintentionally . After that he stood up and moved away . Shortly afterwards he had been knocked down by a heavy blow to the head , lost consciousness and regained it only at the police station .", "According to the applicant , some QUANTITY police officers at the police station handcuffed him to the window frame and demanded that he confess . When he refused to do so he was beaten . The applicant states that he was allowed to phone his sister only after he had signed a confession . He also alleges that his sister and mother had to bribe a police officer to ensure that he was not detained pending trial .", "On DATE the applicant was released from the police station .", "On DATE the ORG of Donetsk convicted the applicant of an attempted robbery on CARDINAL DATE and fined him CARDINAL NORP hryvnas ( ORG ) . The applicant did not appeal against that judgment .", "On DATE a forensic medicine expert examined the applicant , on whom he found bruises on the body , abrasion of the left wrist joint and established that the applicant was suffering from concussion . The expert further concluded that these injuries , taken together , were minor .", "According to a certificate issued on DATE by a doctor at the local hospital , the applicant was suffering kidney pain as a post - traumatic effect of blows to his back .", "DATE and DATE the applicant underwent medical treatment at the local hospital for the effects of concussion . According to his medical records , he was suffering from headache , general weakness and nausea . On admission to the hospital he alleged that he had been beaten by unknown persons .", "On DATE the applicant complained to ORG of GPE ( “ ORG Office ” ) about the ill - treatment allegedly suffered by him .", "On DATE ORG refused to institute criminal proceedings against police officers for the lack of any corpus delicti in their acts .", "On DATE ORG Office quashed the decision of DATE as unfounded and remitted the materials for further inquiry .", "On DATE ORG refused to open criminal proceedings against the police officers , finding that there was nothing to suggest that they had committed any crime .", "On DATE ORG overruled the decision of DATE , stating that the inquiry had been conducted unsatisfactorily and remitted the case for further examination .", "On DATE the forensic medical expert issued an additional report in which he repeated his previous conclusion that the applicant had received bruises to the body , abrasion of the left wrist joint and had suffered concussion , which amounted to minor bodily injuries , and assumed that they could have probably been caused as alleged by the applicant .", "On DATE ORG refused to institute criminal proceedings against police officers due to the lack of any corpus delicti . This finding was based on the discrepancies in the applicant ’s testimonies as to the number of police officers involved and the exact place where the beating had allegedly taken place . The fact that the applicant on admission to the local hospital had not indicated the police officers as the source of his injuries had also been mentioned .", "On DATE ORG of Donetsk found that the inquiry was flawed , quashed the decision of DATE and ordered a further inquiry . The court indicated , inter alia , that the investigative authorities had failed to establish or question persons who had seen the applicant before and after his detention in the police station and to scrutinise the circumstances surrounding the infliction of bodily injuries on the applicant .", "On DATE ORG decided not to institute criminal proceedings against the police officers , stating , inter alia , that the applicant ’s allegations were inconsistent and unfounded .", "On DATE the ORG of Donetsk quashed the decision of DATE and ordered further inquiry . The court specified , inter alia , that the authorities had failed to make a proper assessment of the testimonies of Ms C. , who had seen the applicant on his arrival at the police station on CARDINAL DATE , bearing no noticeable signs of beating , and to the usher of the police station and Mr L. , who had talked with the applicant DATE when he was released .", "On DATE ORG refused to open criminal proceedings against the police officers , finding that the applicant ’s allegations about ill - treatment at the police station had been inconsistent and that the injuries complained of could have been sustained at the scene of crime .", "On DATE ORG quashed the decision of DATE and remitted the case for further inquiry into the circumstances in which the applicant received his injuries .", "On DATE ORG Office further questioned Mr PERSON and Mr M. , who explained in detail , as far as they could remember , how they had arrested the applicant on DATE and the injuries they might have inflicted on him . They admitted that when catching the applicant they had knocked him to the ground , inflicted several blows to restrain him and then handcuffed him .", "On DATE the forensic medical expert issued a supplementary report , in which he concluded on the basis of the additional material that the bodily injuries referred to could have been inflicted on the applicant by Mr PERSON and Mr M. on DATE in the course of his detention at the scene of crime . He stated , in particular , that the bruises on the body as well as the concussion could have been received by the applicant when he was knocked to the ground and restrained by the officers ; the abrasion of the wrist joint could have been caused by his being handcuffed .", "On DATE ORG refused to institute criminal proceedings against the police officers , stating in particular that the bodily injuries could have been caused to the applicant by Mr PERSON and Mr M. when catching him at the scene of crime but not at the police station .", "On DATE the prosecutor of ORG quashed the decision of DATE , finding that the inquiry had been flawed , and remitted the case for further examination . He stated , inter alia , that the investigatory authorities had failed to question all the witnesses who saw the applicant on DATE . He further ordered that the relevant room of the police station be inspected with the participation of the applicant and a medical expert be appointed , who would be able to carry out an additional medical examination and clarify thereby the way the applicant received his bodily injuries .", "On DATE ORG instituted criminal proceedings against the police officers for exceeding their powers combined with the ill - treatment of the applicant . It admitted that the inquiry into the applicant ’s complaints about ill - treatment had not been conducted thoroughly , and that the instructions given by the courts and the higher prosecutors had not been followed .", "By a letter of CARDINAL DATE ORG informed the applicant that on DATE the criminal proceedings against the police officers had been closed for lack of corpus delicti in their acts .", "The relevant provision of the LAW reads as follows :", "“ Everyone has the right to respect for his or her dignity .", "No one shall be subjected to torture , cruel , inhuman or degrading treatment or punishment that violates his or her dignity . ... ”", "The relevant provisions of LAW read as follows :", "“ The court , prosecutor or investigator must , to the extent that it is within their power to do so , institute criminal proceedings in every case where evidence of a crime has been discovered , take all necessary measures provided by law to establish whether a crime has been committed and the identity of the perpetrators and punish them . ”", "“ Criminal proceedings shall be instituted on the following grounds :", "( CARDINAL ) applications or communications from ... individuals ;", "...", "( CARDINAL ) direct detection of signs of a crime by a body of inquiry or investigation , a prosecutor or a court .", "A case may be instituted only when there is sufficient evidence that a crime has been committed . ”" ]

[ "3" ]

[]

[]

[ "3" ]

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[ "The applicant was born in DATE and lives in the village of GPE . According to him , he was ill - treated by police on CARDINAL occasions , in DATE and in DATE .", "The applicant was suspected of theft of farm animals in his village . On DATE he was arrested by QUANTITY police officers ( GPE , ORG , GPE , GPE , GPE and GPE ) at his home . It does not appear from the submissions of the parties that the applicant had any injury on his body before his arrest or that he was injured in any way during the arrest .", "According to the applicant , he was taken to the office of the village police inspector , in the ORG building , and severely beaten by police officers GPE and GPE He was punched , kicked and beaten with a wooden baton on his body and on his head until he lost consciousness . Later he was taken by car to NORP police station where he was handcuffed to a radiator . After regaining consciousness he managed to open the handcuffs and escape .", "The Government contested the applicant 's account of events and submitted that after his arrest , he had been taken by car to the NORP police station . However , he jumped out of the car as it was moving and sustained injuries from the impact with the road . He later escaped from the NORP police station .", "DATE the applicant went to a hospital where he was admitted for treatment . A medical report of DATE stated inter alia that :", "“ [ The applicant ] has a yellowish bruise of QUANTITY around his left eye ; swelling of the base of his nose ; a scratch of QUANTITY on the left side of his nose ; a scratch of QUANTITY on his left cheek ; a wound of QUANTITY on his skull ; a bruise of QUANTITY on his back ; painful chest and ribs ; a scratch of QUANTITY on his shoulder ; paralysis of the left side of his face ; head trauma and head concussion ; perforation of the left tympanic membrane as a result of a barotrauma [ an injury caused by rapid and extreme changes in pressure ] . The injuries were inflicted by blows with blunt objects , possibly on DATE . They correspond to light corporal injuries and hospitalisation is recommended . ”", "The applicant was in hiding from the police until DATE , when he was arrested ( see paragraph CARDINAL below ) .", "On DATE the applicant complained to ORG about the alleged ill - treatment and annexed to his complaint a copy of the medical certificate of DATE . His complaint was forwarded to ORG ( PERSON Judeţului GPE ) .", "On DATE ORG dismissed the complaint without having conducted any investigation . The applicant challenged the dismissal before ORG .", "On DATE ORG ordered a re - examination of the applicant 's complaints .", "On DATE ORG Office heard police officers GPE and ORG , who had been involved in the arrest of the applicant on DATE .", "According to PERSON , who was one of the officers accused by the applicant of having ill - treated him , the applicant resisted arrest and jumped out of the car on the way to the NORP police station . Since nobody had beaten him up , his injuries must have been caused during his arrest or when he jumped out of the car .", "According to ORG , the applicant resisted arrest and later ran away from the NORP police station . He had not seen anybody beat him up .", "On DATE ORG dismissed the applicant 's complaint about ill - treatment , finding that he had resisted arrest and had attempted to run away by jumping from the car . Nobody had ill - treated him and there was no evidence to the contrary . The applicant challenged this decision before ORG .", "On DATE ORG quashed the decision of DATE , finding it to be unfounded and the investigation superficial and incomplete . It ordered a second investigation during which all the police officers who had participated in the applicant 's arrest were to be heard . The applicant 's lawyer , relatives and co - detainees were also to be heard in relation to the complaints about ill - treatment , and also , if necessary , the applicant himself .", "DATE a prosecutor interrogated inter alia CARDINAL of the police officers who had participated in the applicant 's arrest on DATE and the applicant 's wife . The sixth police officer , ORG , and the applicant were not interrogated .", "NORP The police officers stated that after the arrest the applicant was taken first to the office of the village police inspector , in ORG building . They all declared that he had not been subjected to any form of violence , except at the time of the arrest when his hands had been tied behind his back because he had allegedly resisted arrest . Police officer ORG stated that during his detention in the ORG building , the applicant confessed to having committed a theft .", "While in the ORG building , the police officers had called the GPE police station and asked for a police car to take the applicant there ; however , since no car was available they used one of their own cars .", "Police officers G.A. , GPE and PERSON stated that the applicant was accompanied by CARDINAL police officers in the car : GPE , GPE and ORG , who was driving . PERSON was in the front seat and the applicant and GPE were in the back .", "Police officer ORG , however , stated that the applicant was accompanied by CARDINAL police officers in the car , namely GPE , ORG , GPE and GPE", "CARDINAL of the CARDINAL police officers interrogated , GPE , declared that he did not know anything about the applicant 's transportation to the NORP police station . The other QUANTITY police officers stated that the applicant had attempted to jump from the car . CARDINAL of them , G.A. and C.V. , had been told that by their colleagues .", "The police officers accused of ill - treating the applicant , GPE and GPE , made almost identical declarations , according to which the applicant was in the back seat of the car with GPE At CARDINAL moment , he managed to untie his hands , which were secured with GPE 's belt , and to jump out of the car which was travelling at DATE . They had stopped the car and picked him up and noted that he was bleeding from his head . They took him to the NORP police station and left him there .", "The applicant 's wife declared that nobody had beaten her husband during the arrest at their home . She had protested against the manner in which the policemen entered their house and had been kicked and punched by PERSON , notwithstanding that she was pregnant at the time . TIME , at CARDINAL TIME , her husband had called her outside . He was in a very bad state with injuries to his face . He had told her that he had been beaten up by GPE and GPE during his detention at the ORG building and had run away .", "On DATE a prosecutor dismissed the applicant 's complaint about ill - treatment on the ground that he had sustained his injuries when jumping out of the car and that there was no evidence that he had been ill - treated .", "On DATE between TIME the applicant together with an accomplice entered an apartment situated on the third floor ( that is second from ground level ) of an apartment building and , using force , stole money from its occupant . After the victim started shouting for help , the applicant and his accomplice attempted to run away by jumping off the balcony . The accomplice was able to escape , but the applicant was caught by the police and taken to ORG .", "According to the applicant , after falling from the third floor he felt pain in his left leg and he could not therefore run away . At the police station , he had been subjected to torture . While he had confessed about the theft that led to his arrest , the police officers insisted that he also confessed to another CARDINAL thefts which he had not committed . He had been suspended on a metal bar and beaten with a baton on his legs , body and neck .", "The Government contested the applicant 's account of the events and submitted that all his injuries had been sustained by his jumping from the third floor .", "On DATE at TIME an ambulance was called to ORG and at TIME the applicant was hospitalised at FAC . He could not walk and he was transported on a stretcher . A medical report dated DATE stated inter alia that :", "“ [ The applicant ] has a head trauma with head concussion , an injured lip , bruises and injuries on his face , chest trauma with a fracture of ribs nos . CARDINAL , DATE and DATE on the right side , fracture of the tibia of his left foot , contusion of the soft tissues on the back of his neck , contusion of the soft tissues on his knees , fracture of the second finger of his left hand ... ”", "On DATE the applicant complained to ORG about his alleged ill - treatment on DATE .", "The applicant 's complaint was re - directed to ORG . The latter heard police officers GPE and GPE , who had been involved in the arrest of the applicant on DATE and a neighbour of the victim of the theft committed by the applicant .", "According to the police officer ORG , the applicant had jumped from the third floor and had broken his legs , hand and neck as a result .", "According to the police officer GPE , the applicant had jumped from the third floor and injured his legs . No force was applied to him because he had lost consciousness at the moment of arrest .", "According to the neighbour GPE , the applicant was hanging from the victim 's balcony and did not want to jump because there were people on the ground waiting for him . Then he , GPE , started hitting his hands to make him jump . Finally , the applicant jumped and was caught by the police .", "On DATE ORG dismissed the applicant 's complaint about ill - treatment while finding that his injuries had been caused by his jumping from the third floor . The applicant challenged this decision before ORG .", "On DATE ORG quashed the decision of DATE and ordered a second investigation during which witnesses present at the time of the applicant 's arrest were to be heard . In particular , it ordered that the witnesses be asked about the circumstances of the arrest and about the applicant 's state at that very moment . ORG also pointed to an inconsistency in the decision of DATE . It noted that while it was found that the applicant had sustained his injuries on TIME DATE , when he had jumped from the third floor , an ambulance was called for him only on DATE at TIME", "DATE a prosecutor from ORG interrogated the applicant , QUANTITY police officers present at his arrest , the victim of the theft committed by the applicant , QUANTITY of the victim 's neighbours and a paramedic from the ambulance which took the applicant to the hospital on DATE .", "The applicant reiterated his complaints about ill - treatment at the hands of police .", "Police officer ORG stated that the applicant had jumped from the third floor and that he was brought to ORG . Later an ambulance was called and the applicant was taken to the hospital . He denied having assaulted the applicant in any way .", "Officer PERSON declared that he had not been present at the applicant 's arrest ; however , he had been told by his colleagues that the applicant had jumped from the third floor and had started running away . He was caught by police officer GPE After arrest , the applicant spent TIME at FAC , where he was interrogated . Nobody had ill - treated him . In TIME he had told the police officers that he had pain in his legs and an ambulance was called .", "The victim of the theft , GPE , declared inter alia that the applicant had attempted to pass from his balcony to a neighbouring balcony but that he had fallen down when the window which he was holding had broken . He had seen him lying on the ground encircled by his neighbours who would not let him run away .", "The victim 's neighbour , C.J. , declared that he had seen the applicant falling from the third floor as the window broke . He had tried to run away but was stopped by the neighbours .", "A similar declaration was made by another neighbour , C.E.", "The paramedic declared that he had seen the applicant at TIME The applicant had told him that he had fallen from the third floor and that he had headaches and pain in his leg . He did not complain of having been beaten up and he had no visible injuries on his face or body .", "The prosecutor also requested information from ORG about the exact time when the applicant was brought there . According to the custody records , the applicant was brought there only on DATE at TIME and was taken away by ambulance at TIME on DATE .", "The prosecutor finally ordered a forensic investigation of the applicant 's state and particularly of the manner in which his injuries had been caused . On DATE a forensic report was completed by a specialised institution of ORG . It stated inter alia that :", "“ The [ applicant 's ] injuries were inflicted by blows with blunt objects ( au fost produse prin acţiunea corpurilor contondente ) ...", "All the injuries ... could have been caused as a result of DATE from the third floor , if the [ applicant 's ] body had hit hard objects . ”", "On DATE a prosecutor dismissed the applicant 's complaint about ill - treatment on the ground that he had sustained his injuries when jumping from the third floor of an apartment building . The prosecutor relied mainly on the declarations of the police officers that no violence had been inflicted on the applicant during his detention and on the forensic report dated DATE , which , in his view , confirmed that the applicant 's injuries were caused by DATE .", "The relevant domestic law has been set out in the ORG 's judgment GPE v. GPE , no . CARDINAL , § § CARDINAL , DATE ." ]

[ "13", "3" ]

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[ "3" ]

[]

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[ "PERSON was born in DATE , Mr PERSON was born in DATE , Ms GPE was born in DATE and Mr PERSON was born in DATE . They live in LOC .", "On DATE Mr Ichin , Mr PERSON and another individual PERSON , all of them minors , stole food supplies and kitchen appliances from a school canteen .", "On DATE they were questioned by the police and confessed to the theft . They returned some of the stolen goods .", "On DATE the investigator instituted criminal proceedings into the theft , after having noted that , DATE and DATE , unknown persons had broken into a school canteen and stolen food supplies and kitchen appliances .", "On DATE the investigator , with the approval of ORG , lodged requests with ORG ( “ the ORG ” ) to place Mr GPE and Mr PERSON in a juvenile holding facility in accordance with LAW . The investigator noted that Mr PERSON and Mr PERSON had committed deliberate actions that could be classified as a crime under part CARDINAL of LAW , that both of them came from big families with low incomes , had contact with criminals , had poor references from school , had a tendency to take part in illegal activities and could not be influenced by their parents . The investigator noted that , in view of the above considerations , there were sufficient grounds to believe that Mr PERSON and Mr PERSON could commit socially dangerous acts ( суспільно небезпечні діяння ) again .", "DATE the applicants were summoned by the investigator to appear before the court on DATE as witnesses , with their lawful representatives , for having committed socially dangerous acts foreseen by part CARDINAL of LAW .", "On DATE ORG examined the requests in the presence of the applicants and the prosecutor . By CARDINAL decisions of DATE , the court ordered Mr PERSON and Mr PERSON to be placed in a juvenile holding facility . The court noted that Mr PERSON and Mr PERSON were accused of socially - dangerous acts and that criminal proceedings had been instigated against them on DATE . With regard to the reasons given in the investigator 's requests ( see paragraph CARDINAL above ) , the court concluded that there were sufficient grounds to believe that Mr PERSON and PERSON PERSON could evade the investigation and the course of justice and could continue their criminal activities . The court 's decision was final and not subject to appeal .", "Mr GPE and Mr PERSON remained in the juvenile holding facility until CARDINAL DATE .", "On DATE the investigator instituted criminal proceedings against Mr PERSON and Mr PERSON for stealing food supplies and kitchen appliances from the school canteen .", "On DATE respectively , PERSON and PERSON wrote to the President of ORG complaining of degrading treatment of their sons by the personnel of the juvenile holding facility . In his reply of DATE the President of that court informed them that he lacked the power to instigate criminal proceedings against the personnel of the holding facility .", "According to PERSON , her complaints to the prosecutor alleging degrading treatment of Mr PERSON in the juvenile holding facility were answered only by a letter from the prosecutor informing her that there were no grounds for a criminal investigation regarding the personnel of the holding facility .", "According to PERSON , her complaints to the prosecutor alleging the degrading treatment of Mr PERSON in the holding facility remained unanswered .", "On DATE the investigator decided that the criminal proceedings against Mr PERSON and Mr PERSON should be terminated as they were under the age of criminal liability and the case should be referred to a court for the application of compulsory educational measures .", "On DATE ORG approved the decision of DATE .", "On DATE ORG examined the materials concerning the application of compulsory educational measures with respect to Mr PERSON and Mr PERSON and decided to limit the punishment to a warning to both of them . There is no evidence that this decision was appealed against .", "Relevant provisions of the LAW as in force at the material time provide as follows :", "Article CARDINAL", "Procedure for consideration of cases involving socially dangerous acts committed by persons who have not yet reached the age of criminal responsibility", "“ Where an investigator establishes in a criminal case that the socially dangerous act in question was committed by a person between the age of DATE and the age of criminal responsibility , he or she shall give a reasoned decision for terminating the case and applying compulsory educational measures to the minor . The case shall then be sent to the prosecutor together with the decision .", "...", "If it has been established that a person aged DATE who has committed a socially dangerous act resembling an act punishable under LAW of GPE by DATE imprisonment requires urgent removal from society , then upon the decision of the investigator or the inquiry body , and with the consent of the prosecutor and by a reasoned decision of the court , he or she may be placed in a juvenile holding facility for a period of DATE . The participation of the defence counsel in such a measure shall be ensured from the time of the placing of the minor in the juvenile holding facility ... ”", "Article CARDINAL", "Procedure for the application of compulsory educational measures to a minor", "“ When in the course of the criminal case examination the court finds that the young offender , who had committed a minor offence or an offence of medium severity , can be corrected , it may issue a decision , by resolution of the judge , terminating the case and imposing on the minor CARDINAL of the compulsory educational measures mentioned in LAW of GPE .", "The judge or the president of the court shall , within DATE , schedule the hearing of the case transferred by the prosecutor under the procedure prescribed by Articles CARDINAL or CARDINAL of this Code if he / she agrees with the decision reached by the prosecutor or investigator . In the event of disagreement , the case shall be returned to the prosecutor with the reasoned decision .", "The examination of the case mentioned in paragraph CARDINAL of this Article shall be held in public with the compulsory presence of a prosecutor and a defence counsel . In the course of examination , the minor and his / her defence counsel may argue their case and evidence substantiating or disproving the commitment of the offence by the person concerned is examined also . The court also examines other aspects of the circumstances which are essential for the purpose of making a decision as to the application of the compulsory education measures . Minutes shall be taken during the court hearing . After the court 's examination is completed , the prosecutor and then the counsel for the defence may express their opinions .", "If there are sufficient grounds to consider that the person , who , by the court 's decision , is to be transferred to the special educational support institution , will take part in illegal activity , then as well as with the aim of ensuring the execution of its decision , the court can , for a temporary period of DATE , place this person in a juvenile holding facility which may transfer him or her afterwards to a special educational support institution . ”", "CARDINAL.The relevant provisions of the PERSON provided as follows :", "Article CARDINAL Courts", "“ The courts examine cases :", "concerning minors who have committed a crime ;", "...", "concerning detention of minor - offenders in a juvenile holding facility ...", "Cases referred to in the first part of this article shall be examined by the specifically authorised judges ( the panel of judges ) with the participation of juvenile services , unless otherwise provided by law . ”", "Article CARDINAL Juvenile holding facility", "“ ... Minors aged DATE may be sent to the juvenile holding facilities for DATE where they :", "have committed an offence before reaching the age of criminal responsibility for such offence if it is considered necessary to isolate them from society ( by a resolution of the body of inquiry and the investigator sanctioned by the prosecutor or by a resolution of the court ) ;", "...", "are transferred to the special institutions for minors by a decision of the court ;", "are absent without official leave from the special educational support institution in which they were staying ... ”", "Relevant provisions of the Regulations read as follows :", "“ CARDINAL . Juvenile holding facilities ( hereinafter ORG ) are special institutions of the bodies of the ORG for minors , which are designed for temporary detention of certain categories of minors that need to be isolated .", "Juvenile holding facilities ( ORG ) are created for temporary detention of minors under the age of CARDINAL ...", "The main tasks of the holding facilities are :", "prevention of the juvenile offenses ;", "conducting preventive and educational work with them ;", "identification of the causes and conditions which lead to delinquency among the teenagers ;", "ensure appropriate conditions of their detention .", "...", "Preventive and education work in the holding facilities :", "Preventive and education work with minors , who are held in the holding facilities , shall be conducted taking into consideration the age , degree of pedagogical neglect , social danger of the previously committed offenses and other circumstances that are important for effective preventive measures of influence .", "In order to prevent juvenile delinquency , identifying and eliminating causes and conditions that contribute to it , the officials of the holding facilities :", "CARDINAL.CARDINAL.CARDINAL . Shall identify the living conditions and education of minors in the family , their personal qualities , interests , reasons for absence without leave from the special educational institution , deficiencies in the activity of enterprises , institutions and educational institutions that contributed to the commission of offenses ; reasons for committing crimes , persons participating in them , those places on the list of wanted persons , as well as those who are missing ; places of selling stolen goods , the cases of involving minors in criminal and other antisocial activities .", "Shall immediately notify the local departments of the ORG in GPE , GPE , GPE Region , Regional Departments and ORG of Sevastopol and the departments on transport about the identification of persons who have committed crimes or other circumstances that are important for their successful investigation .", "CARDINAL.CARDINAL.CARDINAL . Shall carry out individual educational activities with minors who are held in the holding facilities , focusing on the development of positive predispositions and interests , elimination of behavioural deficiencies , involving them in education and work .", "ORG . Shall inform the interested government agencies and NGOs on the causes of juvenile offences , make proposals for elimination of such causes and conditions , as well as on improving the organization of education and labour education of minors , who are held in the holding facilities . ”" ]

[ "5" ]

[ "5-1" ]

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[ "The applicant , Mr Iskender Hamidov , is an NORP national , who was born in DATE and lives in GPE . He is represented before the ORG by Mr PERSON , a lawyer practising in GPE .", "The applicant is a former Minister of ORG . He was arrested in DATE on charges of embezzlement of public funds , abuse of power and assault on a journalist . On DATE ORG sentenced him to CARDINAL years’ imprisonment . The judgment was final and was not subject to appeal according to the criminal law in force at the material time .", "Following the relevant changes in domestic law and in the light of GPE ’s undertaking to ORG to review the cases of political prisoners , on DATE the Prosecutor General lodged an application , requesting the court to allow the applicant ’s case to be considered by an appellate court . On DATE ORG granted the prosecutor ’s request and allowed an appeal to be lodged against the judgment of ORG of DATE . On DATE the criminal proceedings were re - opened . The new trial ended on DATE with the judgment of ORG , partially amending ORG judgment of DATE in favour of the applicant . The applicant ’s guilt was maintained but the term of imprisonment was reduced to DATE . The applicant did not appeal against this judgment to ORG .", "In DATE , in the course of the new trial proceedings before ORG , the applicant brought an action against the prison authorities with a local court in GPE . He claimed that , according to LAW , an accused , whose case is under consideration on appeal , should not be detained for DATE . He asked the court to order the prison authorities to release him .", "On DATE ORG dismissed the applicant ’s request . The court observed that the applicant had been sentenced by ORG judgment of DATE to CARDINAL years’ imprisonment . That judgment was final and was not subject to appeal at that time . Therefore , the applicant ’s current imprisonment should be considered as an execution of the judgment in force and he is kept in prison as a convict not an accused . According to the domestic criminal procedure , the reopening of the case did not change the status of the applicant .", "The applicant appealed against this decision to ORG . He asked the court to quash the decision of the lower court and to recognise his detention as unlawful . On DATE ORG dismissed the applicant ’s appeal and upheld the decision of ORG . The applicant did not appeal against this decision to ORG .", "The LAW of GPE of DATE", "Article CARDINAL reads as follows :", "“ Everyone convicted of a criminal offence by a tribunal shall have the right to have his conviction reviewed by a higher tribunal or to seek pardon or lightening of his penalty . ”", "Code of Criminal Procedure of GPE DATE", "Article CARDINAL § CARDINAL reads as follows :", "\" The period for detention of the accused person whose case is under consideration before the first and appeal instances courts shall not exceed :", "DATE with respect to grave crimes ... \"", "The PERSON on the LAW of the new LAW of GPE of DATE", "Article CARDINAL § CARDINAL reads as follows :", "“ The judgments and other final court decisions which were taken under the old Criminal Procedure Code of GPE before DATE may be appealed before the appellate instance court or ORG . ”", "Article CARDINAL reads as follows :", "“ The new Criminal Procedure Code of GPE enters into force as from DATE . ”" ]

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[ "The applicant is a freelance journalist who lives in GPE . From DATE to DATE he was the editor of the official magazine of the GPE NORP community .", "In DATE the ORG of ORG ( ORG ) published an article in its yearbook , written by ORG , a professor of political sciences at ORG . The article was entitled “ Internationalism against nationalism : an eternal mortal enmity ? ” and alleged that the NORP had declared war on GPE in DATE . Moreover , it trivialised the crimes of the NORP regime .", "NORP In DATE the applicant published a commentary on this article in the magazine of the GPE NORP community . It was entitled “ ORG DATE yearbook with ( neo-)Nazi tones ” . He criticised PERSON in harsh terms for using NORP terminology and disseminating ideas which were typical of the “ Third Reich ” . More specifically , he accused P. of reviving the old NORP lie of a worldwide NORP conspiracy and of confounding the roles of perpetrators and victims .", "Subsequently , ORG brought defamation proceedings under LAW ) against the applicant . ORG ( PERSON für PERSON ) acquitted the applicant . Its judgment was upheld on CARDINAL DATE by ORG ( Oberlandesgericht ) , which found that the applicant 's criticism constituted a value judgment which had a sufficient factual basis in the numerous quotations from ORG 's article . Having regard to the publication of ORG 's article in the yearbook of a political party and given the highly sensitive topic , the applicant 's criticism , though harsh , was not excessive .", "DATE , in DATE , ORG brought proceedings against P. on charges under LAW ( “ the LAW ” – GPE ) . Relying on numerous quotations from PERSON 's article in ORG DATE yearbook , the public prosecutor argued that the article constituted a national - socialist activity within the meaning of section CARDINAL g of LAW . Shortly before the date scheduled for the trial , P. committed suicide .", "On DATE the DATE PERSON , a right - wing magazine whose chief editor PERSON was the former Chairperson of ORG , published a CARDINAL - and - a - half - page article with the headline “ The deadly terror of virtue ” ( “ ORG ” ) . It referred to the applicant 's criticism of ORG 's article in DATE and alleged that the applicant 's comment had unleashed a manhunt which had eventually resulted in the death of the victim . It referred to the applicant and a number of other persons , mostly politicians of ORG or ORG and also a number of journalists , a historian and a professor of political sciences , as members of a “ hunting society ” which used LAW as a tool to attack persons close to ORG and had ultimately chased CARDINAL victim to his death . The article was accompanied by pictures of the members of the alleged “ hunting society ” , including a picture of the applicant .", "NORP The applicant brought defamation proceedings under LAW ( Mediengesetz ) against the publishing company owning PERSON .", "On DATE ORG found that the article fulfilled the elements of defamation and ordered the defendant company to pay the applicant compensation under LAW . In addition the defendant was ordered to publish the judgment .", "ORG noted that the impugned article accused the applicant of being morally responsible for PERSON 's death . Certain facts were undisputed , namely that the applicant had written a critical commentary on PERSON 's article , that PERSON had been charged under LAW and that he had died before the opening of the trial . However , the allegation that the applicant was part of a “ hunting society ” , that is , a group of persons persecuting P. and eventually causing his death , amounted to a statement of fact , the truth of which had not been established . In particular , the defendant company had not offered any proof for the causal link between the applicant 's article and P. 's death . Even if the statement were to be treated as a value judgment , it was excessive as it presented a conclusion which went far beyond what could reasonably be based on the underlying facts . Thus , it transgressed the limits of criticism permitted by LAW .", "On DATE ORG set the judgment aside on an appeal by the defendant .", "It found that the impugned article contained a value judgment which was , however , not excessive . The use of the term “ hunting society ” did not imply coordinated activities of a group of persons with the aim of destroying P. 's existence . Thus , the article could be understood as implying that the applicant 's and other persons ' activities had eventually caused PERSON 's death but it did not contain an accusation of their having foreseen or planned this outcome . The factual basis was sufficient to attribute some moral responsibility for P. 's death to the applicant and a number of other persons who had been active either by criticising PERSON in the media or by bringing actions against him in the courts . As regards the applicant , the article referred to his critical commentary on P. 's publication , thereby enabling the reader to assess whether or not he shared the opinion expressed in the impugned article . Moreover , the reader was aware that the article was written from a political and ideological point of view and involved a certain degree of exaggeration . In sum , it remained within the limits of permissible criticism set by LAW .", "Meanwhile , in DATE PERSON addressed a CARDINAL - page letter to the subscribers to PERSON asking them for financial support . As a reason for this request readers were told that the DATE PERSON was under massive pressure from anti - fascists who , after having campaigned against PERSON , PERSON and other “ undesirables ” , had now chosen PERSON as their target . It alleged that the above - mentioned group was trying to damage PERSON by means of disinformation in the media and by instituting a multitude of criminal proceedings and civil actions .", "The relevant passage of this letter reads as follows :", "“ Then there is the case of PERSON v. PERSON . The long - standing editor of the NORP religious community 's magazine , PERSON , was identified following Professor PERSON 's [ family name in full ] death as a member of the hunting society that drove the conservative political scientist to his death . It was common knowledge that court proceedings were due to be opened against P. under LAW on account of his statements in ORG DATE yearbook . The NORP journalist PERSON had condemned the statements for their NORP tone and as a result had unleashed the judicial avalanche against P. When PERSON dared to show that this was the cause of the suicide , PERSON lodged a complaint . The extremely complex , time - consuming and costly proceedings , naturally accompanied by a corresponding media campaign in the trendy left - wing rags , are still in progress . ”", "On DATE the applicant brought a further set of defamation proceedings under LAW against LAW and under LAW against the publishing company owning PERSON .", "On DATE ORG decided to adjourn the proceedings pending ORG judgment in the first set of defamation proceedings . Once the latter had given its judgment of DATE ( see paragraphs CARDINAL and CARDINAL above ) , ORG resumed the proceedings .", "On DATE ORG acquitted the defendants . It noted that the CARDINAL sets of defamation proceedings related to very similar factual and legal issues . Again , as in the article “ The deadly terror of virtue ” , the applicant was referred to as a member of a “ hunting society ” which had driven P. to commit suicide . Thus , it was alleged that there was a causal link between the applicant 's criticism of ORG 's article and the latter 's death . The considerations which had led ORG to acquit the defendants in the first set of proceedings also applied in the present case . ORG followed the appellate court 's view expressed in the judgment of DATE and found that the impugned letter contained a value judgment which relied on a sufficient factual basis . In this connection , it noted that addressees of the letter , even if they had not read the article “ The deadly terror of virtue ” , were given a summary of its contents which enabled them to form an opinion about the pertinence of the allegation raised . The value judgment was not excessive , although the underlying facts were commented on from a strongly ideological point of view . It followed that the publication at issue was protected by LAW .", "On DATE ORG dismissed an appeal by the applicant , upholding ORG assessment that the CARDINAL sets of proceedings were so closely linked that the principles and considerations set out in its previous judgment of DATE applied .", "The judgment was served on the applicant 's counsel on DATE .", "Article CARDINAL of LAW ) , reads as follows :", "“ CARDINAL . Anybody who , in such a way that it may be noticed by a third person , attributes to another a contemptible characteristic or sentiment or accuses him of behaviour contrary to honour or morality and such as to make him contemptible or otherwise lower him in public esteem shall be liable to imprisonment not exceeding DATE or a fine ...", "Anyone who commits this offence in a printed document , by broadcasting or otherwise in such a way as to make the defamation accessible to a broad section of the public , shall be liable to imprisonment not exceeding one year or a fine ...", "NORP The person making the statement shall not be punished if it is proved to be true . In the case of the offence defined in paragraph CARDINAL he shall also not be liable if circumstances are established which gave him sufficient reason to believe that the statement was true . ”", "Section CARDINAL of LAW provides for the strict liability of the publisher in cases of defamation ; the victim can thus claim damages from him . In this context “ defamation ” has to be read as defined in LAW ." ]

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[ "The applicant was born in DATE and lives in GPE , GPE .", "On DATE the ORG ( Sąd Rejonowy ) remanded the applicant in custody for DATE on suspicion that he had committed CARDINAL counts of armed robbery . It considered that that measure was indispensable in order to secure the proper conduct of the proceedings , having regard to the serious nature of the offences in question and the severity of the anticipated penalty . Lastly , it considered that , given the way in which the offences in question had been committed , the applicant might attempt to induce witnesses to give false testimony .", "During the investigation , the applicant 's detention was prolonged several times .", "On DATE the ORG ( PERSON ) prolonged his detention until DATE , relying on the grounds originally given for his detention . It further referred to the need to take various investigative measures and obtain expert evidence . It also considered that the complexity of the case justified the prolongation of the applicant 's detention with a view to securing the proper conduct of the investigation . The applicant appealed against that decision , relying on his poor health .", "On DATE the ORG ( Sąd Apelacyjny ) dismissed his appeal , having regard to the medical report of DATE which concluded that the applicant could remain in detention .", "On DATE the ORG of Appeal prolonged his detention until DATE , finding that it was highly probable that he had committed the offences with which he had been charged . In that respect , it referred to evidence given by a certain GPE , a member of the same criminal group , who acted as a witness against the other suspects . ORG further relied on the need to obtain and secure evidence , in particular from experts in ballistics , biology and fingerprints . It stressed that it was also necessary to hold a reconstruction of the crime and to confront the suspects with each other . It also considered that the scale and the nature of the offences in question justified the applicant 's continued detention . The applicant appealed against that decision .", "On DATE ORG ( Sąd Najwyższy ) dismissed his appeal . It had regard to the serious nature of the offences in question and the need to obtain further evidence . It further emphasised the complexity of the case and considered that the applicant 's continued detention was the only measure which could secure the proper conduct of the proceedings .", "On DATE ORG extended the applicant 's detention until DATE , considering that the strong suspicion against him of having committed the serious offences with which he had been charged , the severity of the anticipated sentence and the risk of his tampering with evidence justified holding him in custody . It found that the present case was “ particularly complex ” within the meaning of Article CARDINAL § CARDINAL of the Code of Criminal Procedure due to , inter alia , the nature of the offences and the number of suspects involved .", "On DATE the ORG of Appeal prolonged the detention of the applicant and his CARDINAL co - suspects pending investigation until DATE . On DATE it ordered that the applicant be held in custody until DATE . It repeated the grounds stated in its previous decisions . It added that the prolongation of the applicant 's detention was justified by the need to obtain DNA evidence .", "On DATE the applicant was indicted before the ORG on CARDINAL charges , including several counts of armed robbery . The bill of indictment listed CARDINAL charges brought against CARDINAL accused , who were all detained on remand . The case - file comprised CARDINAL volumes . The prosecution asked the court to hear evidence from CARDINAL witnesses . The principal witness was a certain LOC , who was indicted together with all the defendants but gave evidence against them .", "On DATE ORG prolonged the applicant 's detention until DATE , reiterating the grounds that had been stated in the previous decisions . It considered that there was a risk that he might abscond or interfere with witnesses , having regard to the serious nature of the offences in question and the connections between the suspects .", "NORP Since on DATE the applicant 's detention reached the statutory time - limit of DATE laid down in LAW of LAW , further prolongation of the applicant 's detention was ordered by ORG . ORG relied on the particular complexity of the case as the ground for extending the applicant 's detention beyond the statutory time - limit . The relevant decisions were given on DATE ( extending the applicant 's detention until DATE ) , on DATE ( prolonging that period until DATE ) , on DATE ( ordering his continued detention until DATE ) , on DATE ( prolonging the detention until DATE ) , on DATE ( ordering his continued detention until DATE ) , on DATE ( extending the detention until DATE ) , on DATE ( prolonging it until DATE ) , on DATE ( ordering his continued detention until DATE ) , on DATE ( extending that period until DATE ) , on DATE ( ordering his continued detention until DATE ) and on DATE ( prolonging his detention until DATE ) . As at the latter date , CARDINAL of the CARDINAL accused were still detained on remand and the trial court had heard most of the prosecution witnesses .", "In all those decisions ORG stated that the grounds originally given for the applicant 's detention were still valid . It especially relied on the need to secure the proper conduct of the proceedings against any attempt by the applicant to obstruct the process of obtaining evidence . It stressed the exceptionally complex nature of the case and the fact that CARDINAL witnesses were to be heard .", "In the meantime , the trial began on DATE . However , as at DATE the reading out of the bill of indictment by the prosecution was still continuing .", "In its decision of CARDINAL DATE , ORG found that holding the applicant and his CARDINAL co - defendants in custody was the only measure which would prevent them from obstructing the trial , having regard to the nature of the offences in question , the severity of the anticipated penalty and the fact that such attempts had been made in the course of the investigation . It also instructed the trial court to increase the number of hearings held DATE .", "In its decision of DATE , ORG observed that up to DATE the main reason for the delays during the trial was the obstructiveness of the defendants and the abuse of the rights of the defence .", "NORP In its decision of DATE dismissing the applicant 's appeal against the decision of DATE prolonging his detention , ORG held that LAW established a presumption to the effect that the likelihood of a severe penalty being imposed on the applicant might induce him to obstruct the proceedings . It added that the risk of absconding or tampering with witnesses which existed in the present case did not have to be supported by any concrete facts , but resulted from the above presumption .", "On DATE the trial court made a severance order with a view to expediting the proceedings , and thereafter CARDINAL defendants ( ORG , GPE , GPE and GPE ) , who in the meantime had been released from detention , were to be tried separately from other defendants .", "During the trial the applicant filed numerous but unsuccessful applications for release and appealed , likewise unsuccessfully , against the decisions prolonging his detention . He maintained that the length of his detention was excessive and unreasonable and that the charges against him lacked a sufficiently strong basis since they were founded on unreliable evidence from ORG", "It appears that the applicant is still in detention pending trial .", "The Code of Criminal Procedure of DATE , which entered into force on DATE , defines detention on remand as CARDINAL of the so - called “ preventive measures ” ( środki zapobiegawcze ) . The other measures are bail ( poręczenie majątkowe ) , police supervision ( dozór policji ) , guarantee by a responsible person ( poręczenie osoby godnej zaufania ) , guarantee by a social entity ( poręczenie społeczne ) , temporary ban on engaging in a given activity ( zawieszenie oskarżonego w określonej działalności ) and prohibition to leave the country ( zakaz opuszczania kraju ) .", "Article CARDINAL § CARDINAL sets out the general grounds for imposition of the preventive measures . That provision reads :", "“ CARDINAL . Preventive measures may be imposed in order to ensure the proper conduct of proceedings and , exceptionally , also in order to prevent an accused 's committing another , serious offence ; they may be imposed only if the evidence gathered shows a significant probability that an accused has committed an offence . ”", "Article CARDINAL lists grounds for detention on remand . It provides , in so far as relevant :", "“ CARDINAL . Detention on remand may be imposed if :", "( CARDINAL ) there is a reasonable risk that an accused will abscond or go into hiding , in particular when his identity can not be established or when he has no permanent abode [ in GPE ] ;", "( CARDINAL ) there is a reasonable risk that an accused will attempt to induce [ witnesses or co - defendants ] to give false testimony or to obstruct the proper course of proceedings by any other unlawful means ;", "NORP If an accused has been charged with a serious offence or an offence for the commission of which he may be liable to a statutory maximum sentence of DATE imprisonment , or if a court of first instance has sentenced him to DATE imprisonment , the need to continue detention to ensure the proper conduct of proceedings may be based on the likelihood that a severe penalty will be imposed . ”", "The Code sets out the margin of discretion as to the continuation of a specific preventive measure . Article CARDINAL reads , in so far as relevant :", "“ CARDINAL . Detention on remand shall not be imposed if another preventive measure is sufficient . ”", "Article CARDINAL , in its relevant part , reads :", "“ CARDINAL . If there are no special reasons to the contrary , detention on remand shall be lifted , in particular if depriving an accused of his liberty would :", "( CARDINAL ) seriously jeopardise his life or health ; or", "( CARDINAL ) entail excessively harsh consequences for the accused or his family . ”", "The DATE Code not only sets out maximum statutory time - limits for detention on remand but also , in LAW , lays down that the relevant court – within those time - limits – must in each detention decision determine the exact time for which detention shall continue .", "Article CARDINAL sets out time - limits for detention . In the version applicable up to DATE it provided :", "“ CARDINAL . Imposing detention in the course of an investigation , the court shall determine its term for a period not exceeding DATE .", "The whole period of detention on remand until the date on which the first conviction at first instance is imposed may not exceed DATE .", "Only ORG may , on application made by the court before which the case is pending or , at the investigation stage , on application made by ORG , prolong detention on remand for a further fixed period exceeding the periods referred to in DATE , when it is necessary in connection with a stay of the proceedings , for the purpose of a prolonged psychiatric observation of the accused or a prolonged preparation of an expert report , when evidence needs to be obtained in a particularly complex case or from abroad or when the accused has deliberately prolonged the proceedings , as well as on account of other significant obstacles that could not be overcome . ”", "On DATE paragraph CARDINAL was amended and since then the competence to prolong detention beyond the time - limits set out in paragraphs CARDINAL and CARDINAL has been vested with the court of appeal within whose jurisdiction the offence in question has been committed ." ]

[ "5" ]

[ "5-3" ]

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[ "The applicant , Mr ORG , is a NORP national who was born in DATE and lives in GPE .", "The applicant was detained in FAC .", "In DATE he intended to vote in the presidential election . However , he was informed that he could not vote because he was not on the list of eligible voters . The applicant did not inquire further .", "In DATE the applicant unsuccessfully attempted to vote in the parliamentary elections . He was informed by a member of the electoral commission that he had been deprived of his civic rights pursuant to a court decision . The applicant wrote to ORG and ORG requesting an explanation for the refusal to allow him to vote . He received no reply .", "In DATE the applicant again unsuccessfully attempted to vote in the referendum on GPE ’s accession to the ORG . The applicant complained to ORG . He also lodged an electoral complaint ( protest wyborczy ) with ORG , claiming that he had been unlawfully deprived of the right to vote in the referendum . On DATE ORG dismissed his complaint . He also filed a criminal complaint with ORG , but the criminal proceedings were discontinued on an unspecified date .", "On an unspecified date in DATE the applicant brought an action in LOC against the president of that court . He sought compensation in the amount of PLN CARDINAL,CARDINAL for damage sustained in connection with the unjustified refusal to allow him to vote in the DATE presidential elections , the DATE parliamentary elections and the DATE referendum . The applicant submitted that on DATE the additional penalty of deprivation of his civic rights had come to an end . Nevertheless , as a result of an error committed by the ORG clerk his name had been put on the list of persons who had not been eligible to vote . The applicant claimed to have sustained damage because he could not exercise his constitutional rights and actively participate in elections .", "As regards the factual background to the applicant ’s claim , the court established that on CARDINAL DATE ORG had sentenced him to a term of imprisonment and an additional penalty of CARDINAL years’ deprivation of his civic rights . The applicant finished serving the sentence of imprisonment on DATE . On DATE Elbląg Prison notified ORG that the applicant had been released . Subsequently , the period of deprivation of civic rights began to run . The relevant period came to an end on DATE . Despite this fact , and as a result of the error committed by the court clerk , the applicant ’s name was put on the list of disenfranchised persons in respect of the elections mentioned above . ORG adopted as its own the findings of the prosecution service , which found that the above error had resulted from negligence in the duty to duly verify the situation of each person who had been put on the list of disenfranchised persons .", "On DATE ORG awarded the applicant LAW ( approximately LAW ) and dismissed the remainder of his claim . It found that the applicant had been unjustifiably deprived of the right to vote in respect of all CARDINAL elections .", "ORG noted that the applicant had not claimed to have sustained any pecuniary damage in this respect . On the other hand , he was seeking some financial compensation in connection with the infringement of his personal rights .", "The court found that the right to vote could be considered as one of the personal rights protected under LAW . It held that that personal right had been unlawfully violated in the applicant ’s case ( “ ... dobro osobiste zostało naruszone działaniem bezprawnym . ORG ta w niniejszej sprawie jest spełniona . ” ) . Having regard to the above , the court decided , contrary to the defendant ’s submission , that the applicant should be awarded non - pecuniary damages under LAW . However , it observed that the degree of intensity of the harm was very much a subjective question . When assessing the amount to be awarded for the infringement of his personal rights , it took into account the fact that the applicant was not active or interested in politics , and that accordingly his subjective feelings of harm could not have been particularly intense . The case would have been different had it involved a politician who had been deprived of the right to vote . The court further observed that the wrong had not been done intentionally and that the damage caused to the applicant had not been significant . It further noted that the consequences of the violation of the right to vote were limited to the emotional sphere . Having regard to all the relevant circumstances and , in particular , the nature of the right that had been violated and the fact that compensation for non - pecuniary damage should not lead to enrichment of the claimant , the court considered it reasonable to award the applicant LAW . It found the remainder of the applicant ’s claim for damages excessive .", "The applicant lodged an appeal against the first - instance judgment and contested the insufficient amount of the award . He further claimed that ORG had considered his right to vote to be of lesser importance when compared with the similar right of politicians .", "On DATE the ORG upheld ORG judgment . It endorsed for the most part the lower court ’s findings in respect of the amount of compensation awarded to the applicant and considered it proportionate to the damage sustained by the applicant . ORG noted that the amount awarded was higher than the minimum monthly salary ( PLN CARDINAL ) and the amount of unemployment benefit ( PLN MONEY ) . It found that when assessing the extent of harm ORG had correctly relied on the applicant ’s limited involvement in politics . Furthermore , the applicant had not established that his involvement in politics had been higher than average .", "ORG disagreed with ORG only in CARDINAL respect . It held , referring to LAW , that the fact that the breach of the applicant ’s rights had been unintentional was not relevant for the assessment of the defendant ’s liability . However , that shortcoming did not alter ORG decision .", "The applicant intended to lodge a cassation appeal with ORG . ORG appointed him a legal - aid lawyer to that end . However , on DATE his legal - aid lawyer informed the applicant in writing that he had found no grounds on which such an appeal could be based .", "Article CARDINAL of the LAW provides :", "“ CARDINAL . If , no later than on the date of the vote , he has attained DATE , a NORP citizen shall have the right to participate in a referendum and the right to vote for the President of GPE as well as representatives to the PERSON and ORG and organs of local government .", "Persons who , by a final judgment of a court , have incurred legal incapacity or deprivation of civic or electoral rights , shall have no right to participate in a referendum or to vote . ”", "Under LAW , deprivation of civic rights ( prawa publiczne ) is CARDINAL of the additional penalties that may be imposed by a court .", "LAW CARDINAL of LAW reads in so far as relevant :", "“ The deprivation of civic rights shall entail the loss of the right to vote and to stand for election ... ”", "Article CARDINAL § CARDINAL of the Criminal Code provides :", "“ The deprivation of civic rights ... shall take effect from the time when the judgment becomes final ; the period for which deprivation is imposed shall not run during the serving of a custodial sentence , even if the sentence has been imposed in respect of another offence . ”", "Section CARDINAL of the Law of DATE on Elections to the PERSON and the ORG of GPE ( ORG wyborcza do PERSON i do PERSON ) ( “ the DATE LAW ” ) provides in so far as relevant :", "“ § CARDINAL . NORP The list of voters in prisons and detention centres ... shall be drawn up on the basis of the registers of persons staying there on the date of elections .", "§ CARDINAL . Persons who are deprived of civic rights by the final decision of a court shall not be included in the list referred to in § CARDINAL . ”", "Section CARDINAL of the DATE LAW provides that a prisoner may file a complaint with the prison governor about being excluded from the list of voters . In the event that the complaint is unsuccessful , the prisoner may further lodge a complaint with a district court .", "LAW contains a non - exhaustive list of the rights known as “ personal rights ” ( dobra osobiste ) . This provision states :", "“ The personal rights of an individual , such as in particular health , liberty , reputation ( cześć ) , freedom of conscience , name or pseudonym , image , secrecy of correspondence , inviolability of the home , scientific or artistic work , [ as well as ] inventions and improvements shall be protected by the civil law regardless of the protection laid down in other legal provisions . ”", "LAW provides for ways of redressing infringements of personal rights . Under that provision , a person faced with the danger of an infringement may demand that the prospective perpetrator abandon the wrongful activity , unless it is not unlawful . Where an infringement has taken place , the person affected may , inter alia , request that the wrongdoer make a relevant statement in an appropriate form , or demand satisfaction from him or her . If an infringement of a personal right causes financial loss , the person concerned may seek damages .", "Under LAW , a person whose personal rights have been infringed may seek compensation . That provision , in its relevant part , reads :", "“ The court may grant an adequate sum as pecuniary compensation for non - pecuniary damage ( krzywda ) suffered by anyone whose personal rights have been infringed . Alternatively , the person concerned , without prejudice to the right to seek any other relief that may be necessary to remove the consequences of the infringement sustained , may ask the court to award an adequate sum for the benefit of a specific social interest . ... ”" ]

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[ "The applicants are ORG ( husband and wife ) , PERSON , PERSON and PERSON ( husband , wife and their son ) . They are NORP nationals of Romany origin , born in DATE , DATE and DATE respectively . They are represented before the ORG by Mr PERSON and Mr PERSON , lawyers practising in GPE .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "PERSON , his spouse PERSON and their CARDINAL minor children had to leave GPE because they were constantly threatened and on few occasions attacked by the members of ORG ( ORG ) .", "The most tragic event occurred on DATE , when CARDINAL armed people wearing the ORG uniform threatened them with death and ordered them to leave their house . CARDINAL of these people took their baby who was DATE and said that he would throw it on the floor “ just like the NORP babies have been thrown ” . PERSON father and his brother were also beaten .", "The following TIME , PERSON and his neighbours having organised night shifts to protect their families , PERSON was stabbed in the back while on guard . He was hit in the right shoulder and on his head and lost consciousness . Later a friend found him and he was transported by the ORG to hospital in PERSON . The persons responsible for the attack were never found .", "Fearing constant persecutions by the ORG , PERSON and his family left GPE and entered the Former GPE on DATE .", "The first CARDINAL applicants are a married couple and the third applicant is their son . They used to live in GPE , where they were constantly threatened by the ORG members .", "In DATE , some persons wearing the ORG uniform went into the applicants ' neighbourhood , entered their house , pointed their guns at them and threatened to kill them if they did not leave their house TIME . They left their house immediately and escaped to GPE Polje where they were temporarily accommodated . They also met many PERSON who were allegedly beaten by the people wearing the KLA uniforms .", "On DATE , the applicants entered the Former GPE .", "On their arrival , ORG granted the applicants the status of ORG .", "On DATE , the applicants were arrested , as they tried to cross the Deve Bair border from the Former GPE to GPE with forged passports . They were charged with with forgery of official documents ( LAW ) . At TIME , DATE , the applicants appeared before a duty judge of ORG . As the applicants stated that they did not have money to engage a lawyer , the judge appointed an ex officio lawyer . The Government stated that the applicants agreed to the hearing taking place at once as they did not wish to be detained any longer in custody .", "The main hearing commenced at TIME , attended by the Deputy Public prosecutor , all the applicants , their counsel and CARDINAL witnesses . The judge asked each applicant in turn if they understood NORP . They declared that they did and did not request any interpreter from NORP into NORP ( GPE ) . They all stated that they accepted their counsel .", "During the proceedings , the applicants admitted that they had knowingly made use of forged passports with a view to leaving the FYR of GPE . The applicants were found guilty of having forged official documents and sentenced to DATE term of imprisonment suspended for DATE . The court also ordered the expulsion of the applicants from the state territory as security measure . The judgment , drawn up on the spot , stated that the applicants , their ex officio lawyer and ORG all waived their respective right to appeal to ORG , whereby the judgment became final . The applicants were returned by the police to a refugee camp at GPE .", "On DATE , the ORG local office requested ORG not to expel the applicants on the ground that they , being of NORP origin , risked to be ethnically persecuted in the country / place of their origin . Copies of this request were served on the first instance court , ORG and the ORG .", "In the meanwhile the applicants appointed another lawyer . On DATE , they lodged an appeal on points of law with ORG on the grounds that the first instance court did not take into consideration the fact that they had been granted the status of ORG and that their lives would be at risk if they were deported to GPE . They also invoked the Convention on the Status of the Refugees and its LAW of DATE , both of which have been ratified by the Former GPE in DATE and LAW . The applicants further complained that there was no interpretation at the hearing into their own language . If they were to be considered as having waived their right to appeal , this was due to the fact that , as they did not know the official court language and some of them were illiterate , they did not understand that such waiver meant their expulsion from the Former GPE and their lawyer did not warn them about these consequences .", "On DATE , the ex officio lawyer applied to ORG for a rehearing of the criminal case based on LAW , arguing that execution of the security measure of expulsion would lead to the applicants ' deaths . On DATE , ORG accepted the petition , annulling the previous judgment of CARDINAL August CARDINAL and re - opening fresh proceedings .", "On DATE , ORG applied for voluntary repatriation to GPE . An emergency travel document was issued by ORG . On DATE the ORG informed ORG that they had returned to GPE and returned their ORG certificates .", "Hearings took place in the presence of the applicants ' current legal representative on DATE , DATE , DATE , DATE and DATE .", "On DATE , ORG found the applicants guilty and imposed a suspended sentence of DATE imprisonment and ordered the forfeiture of the fake passports . The previous security measure of expulsion was withdrawn . The applicants , PERSON , PERSON and PERSON were present during the hearings . ORG remained in GPE .", "In the absence of appeal by the prosecutor or the applicants , the judgment became final .", "Article CARDINAL reads as follows :", "“ ( CARDINAL ) An accused may waive his right to lodge an appeal only when the first instance judgment is served on him . Except if he has been sentenced to a term of imprisonment , the accused may waive his right to lodge an appeal before being served with the judgment provided the prosecution and the person who sustained damage and had the right to appeal on all points [ set out in this code ] have waived their right to lodge an appeal . The accused may withdraw the appeal at any time until the appellate court has delivered its decision ...", "( CARDINAL ) The accused and the person who sustained damage may waive their right to lodge an appeal at any time between the judgment being made public and the time - limit for entering an appeal .", "( CARDINAL ) An accused who has waived his right to appeal may not retract such waiver and lodge an appeal . ”", "Article CARDINAL provides as relevant :", "“ ( CARDINAL ) The criminal procedure concluded with an effective verdict may be repeated on behalf of the convicted , if ...", "( CARDINAL ) new facts are presented or new evidence submitted which by themselves or in conjunction with previous facts or evidence are such as to cause the person to be released or to be convicted on lesser grounds . ”", "Article CARDINAL reads as follows :", "“ ( CARDINAL ) An accused sentenced to a term of imprisonment may lodge an appeal on points of law on the grounds set out in the code .", "( CARDINAL ) An appeal on points of law may be lodged within DATE from DATE the final decision was served on the accused .", "( CARDINAL ) An accused who has not lodged an appeal may not lodge an appeal on points of law , unless having been acquitted , put on probation , reprimanded , or fined by the first - instance court , or unless he was sentenced to a term of imprisonment by the appellate court ... ”", "An appeal on points of law does not suspend the enforcement of a final decision , unless ORG decides otherwise .", "Section CARDINAL provides that it is for the Minister of the ORG to decide when the expulsion order is to be enforced . An appeal can be lodged against the Minister 's decision but it has no suspensive effect .", "Section CARDINAL provides that an alien shall not be expelled from the state territory if thereby his life will be put in jeopardy , because of his racial , religious or national affiliation , political beliefs or if he might be exposed to torture or inhuman treatment ." ]

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[ "The applicant , PERSON , is a NORP national , who was born in DATE and lives in ORG .", "The facts of the case , as submitted by the applicant , may be summarised as follows .", "On DATE the applicant brought an action for damages against Ms H. for payment of CZE CARDINAL for baby clothes and CARDINAL baby seats which the applicant had allegedly brought at her request from GPE in DATE .", "On DATE the Hradec Králové ORG ( okresní soud ) requested ORG ( obecní úřad ) to submit an official statement on the applicant ’s reputation in the municipality , referring to section CARDINAL of the Code of Civil Procedure .", "On DATE the mayor of the municipality submitted a statement which read as follows :", "[ Translation ]", "“ The reputation of PERSON , living in ORG , PERSON CARDINAL , is very bad in the municipality . PERSON systematically looks for and initiates conflicts with inhabitants . This is proved by a number of minor offences concerning the cohabitation with other inhabitants , which were dealt with by the municipal office . One can easily doubt most of the information given by PERSON . ”", "[ Original ]", "“ Pověst Ludmily Ermannové , bytem ORG , PERSON CARDINAL , je v obci velmi špatná . ORG systematicky vyhledává a je iniciátorem konfliktů s obyvateli obce . CARDINAL dokladem je množství přestupků na úseku občanského soužití , které byly na místním úřadě řešeny . Také o pravdivosti většiny informací paní QUANTITY úspěchem pochybovat . ”", "On DATE , in her final submissions to ORG , the applicant denied the truthfulness of the information provided by the mayor in his statement .", "By judgment of DATE ORG , having heard the parties , PERSON parents , the applicant ’s daughter and son and QUANTITY other witnesses , PERSON and PERSON , and having assessed certain documentary evidence , dismissed the applicant ’s action . It found that the applicant had not shown that she had a contractual relationship with PERSON which would have obliged her to meet a specific financial obligation . The court found therefore that there was no need to re - hear PERSON and PERSON or to watch a video recording of PERSON children sitting in the baby seats and wearing the clothes in question .", "ORG made no reference in its judgment to the statement issued by ORG .", "On DATE the ORG ( krajský soud ) , upon the applicant ’s appeal , quashed the judgment of ORG and remitted the case with a binding opinion that the applicant , in order to be successful in the proceedings , had to prove that there was an agreement between her and PERSON , in the sense that the applicant would sell children ’s clothes and baby seats for an agreed price , and that Ms H. had asked her father to order the goods . To that effect , ORG instructed ORG to re - hear the applicant , PERSON father and another witness .", "By judgment of DATE ORG , having taken additional evidence in accordance with ORG instruction , dismissed the applicant ’s action for damages . It held , inter alia , that :", "On DATE ORG upheld this judgment endorsing the reasoning of the lower court in the main .", "On DATE the applicant sued the municipality before ORG ( krajský soud ) , seeking the protection of her personal rights within the meaning of section CARDINAL et seq . of LAW . She claimed that the information contained in the mayor ’s statement did not correspond to the reality , that it was of a defamatory nature and that it interfered with her dignity and civil reputation . She further claimed that the municipality should be ordered to present a written apology and an undertaking to refrain , in future , from committing similar interferences .", "ORG requested ORG to submit the court file concerning the applicant ’s action for damages , from which it appeared that ORG had submitted its statement upon ORG request , with a view to obtaining an official opinion on the reputation and credibility of both parties to the proceedings .", "It further requested ORG ( městský úřad ) to submit the case files relating to minor offences involving the applicant ’s family which had been dealt with by ORG . It established from the documents before it that the applicant and her children had had a number of disputes with their neighbours , a local family and CARDINAL other persons , and that the administrative proceedings had been , for the most part , discontinued .", "ORG also had before it a case file with a claim brought by PERSON father against the applicant , in which he alleged that the latter had verbally abused him . These proceedings had also been discontinued .", "On DATE ORG , after having heard the parties and examined the aforesaid documentary evidence , dismissed the applicant ’s action . In its view , the municipality had not unjustifiably interfered with the applicant ’s right to the protection of her personal rights , as it had fulfilled the obligation imposed on it by ORG pursuant to LAW . The court further noted that the municipality had not misused its power when issuing the statement , the content of which was in substance truthful , and which the applicant could challenge in the course of the proceedings for damages .", "On DATE the applicant appealed , arguing that ORG had not assessed the evidence correctly and that , consequently , had wrongly dealt with the factual and legal issues of the case .", "On DATE ORG ( vrchní soud ) , admitting in evidence a decision of ORG DATE and the text of note no . CARDINAL published in a local newsletter in DATE , found the applicant ’s appeal unsubstantiated . It held , inter alia , that it had not been proved that the municipality did not believe that the information about the applicant ’s reputation contained in its statement was incorrect or that it had intended to damage the applicant .", "On DATE ORG ( PERSON ) rejected the applicant ’s appeal on points of law ( dovolání ) in which the applicant challenged , inter alia , the lower ORG finding that the content of the mayor ’s statement had not been published , and claimed that the local newsletter had reported that ORG had requested ORG to submit an appraisal of her , and that local deputies had suggested that the appraisal be based on DATE to which new relevant facts should be added .", "On DATE the applicant filed a constitutional appeal ( ústavní stížnost ) alleging , inter alia , a violation of LAW základních práv a svobod ) and Articles CARDINAL and CARDINAL of the Convention , in that the statement of the municipality containing its opinion about her reputation and credibility had been used in the court proceedings held in public and published in the local newsletter .", "On DATE ORG ( PERSON ) rejected the applicant ’s constitutional appeal as manifestly ill - founded . Although it expressed certain doubts as to the suitability of requesting third persons to issue statements on the reputation and credibility of an individual pursuant to LAW , ORG considered , in particular , that the municipality had acted on ORG request under this provision and , having regard to the actual situation in the municipality and relations between inhabitants , it had done it the way which was hardly violating the principle of social proportionality . It was indisputable that DATE the applicant and members of her family had been involved in CARDINAL proceedings relating to minor offences . The fact that these proceedings had eventually been discontinued was , in the court ’s view , irrelevant . It further noted that the statement issued by the mayor , and subsequently approved by the municipal board of representatives ( zastupitelstvo obce ) , reflected the prevailing opinion of the local inhabitants .", "The Code of Civil Procedure", "Under section CARDINAL of the Code of Civil Procedure , when answering a court ’s questions , everyone is obliged to communicate to the court facts which are important for the proceedings and the judicial decision . A natural person may refuse to communicate facts to the court on the same grounds as a witness under section CARDINAL(CARDINAL ) .", "The Civil Code", "The right to protection of a person ’s dignity , honour , reputation and good name is guaranteed by LAW . of LAW .", "Under LAW of LAW , a natural person has the right to the protection of his or her personality , in particular of his or her life and health , civil and human dignity , privacy , name and his or her personal characteristics .", "Pursuant to section CARDINAL(CARDINAL ) , a natural person has the right to request that an unjustified interference with his or her personality should be stopped , that the consequences of such interference be eliminated , and that appropriate satisfaction be granted .", "The existence of an unjustified interference , objectively capable of affecting a person ’s rights under LAW et seq . of LAW , is a prerequisite for a successful claim for the protection of the plaintiff ’s personality .", "The Charter of Fundamental Rights and Freedoms", "Everyone is entitled to", "- the protection of his or her human dignity , personal integrity , good reputation , and his or her name ;", "- protection against an unauthorized interference with his or her personal and family life ; and", "- protection against the unauthorized gathering , publication or other misuse of his or her personal data ." ]

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[ "The applicant was born in DATE and lives in the town of GPE in GPE .", "He sued ORG and the local department of ORG for unpaid social benefits and obtained CARDINAL judgments in his favour .", "On DATE the ORG of LOC ( “ the Town Court ” ) awarded the applicant MONEY ( RUB ) in arrears relating to a disability allowance and RUB MONEY in arrears relating to a food allowance . The judgment entered into force on CARDINAL November CARDINAL . On DATE the applicant received RUB CARDINAL . It appears that the remaining part of the judgment debt has not been paid to the applicant .", "On DATE ORG held that as of DATE the applicant had been entitled to a DATE disability allowance in the amount of RUB MONEY and recovered in his favour arrears in the amount of RUB CARDINAL,CARDINAL.CARDINAL . On DATE ORG ( “ the Regional Court ” ) upheld the judgment . It was fully enforced on DATE .", "On DATE ORG awarded the applicant RUB MONEY in penalties for the lengthy non - enforcement of the judgment of DATE . The judgment entered into force on DATE . It has not been enforced to date .", "On DATE ORG awarded the applicant RUB CARDINAL in arrears relating to a disability allowance . On DATE ORG upheld the judgment . It was enforced in full on DATE .", "On DATE ORG awarded the applicant RUB CARDINAL in penalties for the lengthy non - enforcement of the judgment of DATE . The judgment acquired legal force on DATE . It has not been enforced to date .", "On DATE ORG awarded the applicant RUB CARDINAL,CARDINAL.CARDINAL in arrears relating to a disability allowance . On DATE ORG upheld the judgment . It was enforced in full on DATE .", "On DATE ORG awarded the applicant RUB CARDINAL in arrears relating to a disability allowance . The court furthermore held that as of DATE the applicant had been entitled to a DATE disability allowance in the amount of RUB MONEY , to be indexlinked in accordance with legislation . On CARDINAL DATE the judgment entered into force . It was enforced in full on DATE .", "On DATE ORG awarded the applicant RUB CARDINAL,CARDINAL.CARDINAL in penalties for the delayed enforcement of the judgments of DATE and DATE . The judgment acquired legal force on DATE . It has not been enforced to date .", "On DATE ORG awarded the applicant RUB CARDINAL in arrears relating to a food allowance and to an DATE disability allowance . The judgment acquired legal force on DATE . It has not been enforced to date .", "On DATE ORG awarded the applicant RUB CARDINAL in arrears relating to a food allowance and to a disability allowance . The court furthermore held that as of DATE the applicant had been entitled to a DATE food allowance in the amount of RUB MONEY and as of DATE he was entitled to an DATE disability allowance in the amount of RUB CARDINAL , both to be index - linked in accordance with legislation . The judgment acquired legal force on DATE . It has not been enforced to date ." ]

[ "6", "P1" ]

[ "P1-1" ]

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[ "The applicant was born in DATE and lives in PERSON .", "NORP In DATE the NORP authorities nationalised the applicant 's parents ' house . In DATE her parents were deported to LOC .", "On DATE the ORG enacted Law No . CARDINAL “ on the rehabilitation of the victims of the political repression committed by the totalitarian communist occupying regime ” . The PERSON enabled the victims of the NORP repression to claim their confiscated or nationalised property .", "In DATE the applicant lodged an action with ORG ( FAC ) by which she sought the restitution of her parents ' house . At the material time the disputed house consisted of CARDINAL apartments : CARDINAL . CARDINAL , DATE , DATE , DATE , DATE and DATE . Since apartments nos . CARDINAL , DATE , DATE , DATE and DATE had been purchased by their former tenants , the applicant sought to declare null and void the contracts by which they had been purchased from the ORG . She also sought the eviction of all the occupants of the house .", "On DATE ORG found in favour of the applicant and ordered the restitution of the house . It declared null and void the contracts by which apartments nos . CARDINAL , DATE , DATE , DATE and DATE had been sold to their tenants . The court further ordered ORG to evict all the occupants , including those of apartment no . CARDINAL , and indicated that ORG was to provide all the tenants with alternative accommodation .", "ORG and the occupants lodged an appeal with ORG ( PERSON ) against the judgment of ORG . On DATE ORG allowed the appeal and quashed the judgment of ORG .", "The applicant lodged an appeal in cassation against the judgment of ORG . On DATE ORG ( PERSON ) rejected the appeal in cassation and upheld the judgment of ORG .", "Following a request by the applicant , ORG applied for annulment of the judgments of ORG and ORG with ORG ( PERSON ) .", "On DATE ORG quashed the judgments of ORG and of ORG , and upheld the judgment of ORG of DATE on the ground that both ORG and ORG had failed to observe the provisions of PERSON no . CARDINAL-XII of DATE ( see paragraph CARDINAL below ) .", "On an unspecified date in DATE , after having obtained the enforcement warrant , the applicant asked ORG to execute the judgment of DATE . In a letter of DATE , ORG informed the applicant that due to a lack of funds for the construction of apartments for the evicted tenants , it could not execute the judgment .", "In DATE the applicant lodged a request with ORG ( PERSON Cadastral PERSON ) to issue her a certificate of ownership for the disputed house . In a letter of DATE , ORG informed the applicant that it would issue the ownership title only on the basis of an “ act of delivery and receipt of the house ” ( act de predare - primire ) issued by ORG .", "NORP In DATE the applicant lodged an action with ORG against ORG seeking damages for the delay in enforcing the judgment of DATE . On CARDINAL DATE ORG rejected the action as unfounded . The applicant did not lodge an appeal against that judgment and it became final .", "In DATE the applicant lodged an action with ORG seeking a partial change in the manner in which the enforcement of the judgment of DATE was to be carried out . In particular , she claimed money from ORG in lieu of restitution of apartments nos . CARDINAL , DATE , DATE , DATE and DATE . On DATE ORG ordered that a valuation of the apartments be carried out by the experts of ORG . Following a request from the applicant , on DATE ORG ordered that the valuation be carried out by independent real estate experts .", "On DATE ORG decided partially to change the manner of enforcement of the judgment of DATE and ordered ORG to pay the applicant CARDINAL PERSON ( ORG ) , the market value of apartments nos . CARDINAL , DATE , DATE , DATE and CARDINAL .", "ORG lodged an appeal with ORG against the above judgment . On DATE the ORG rejected the appeal and upheld the judgment of ORG of DATE .", "In DATE the applicant asked ORG to execute the judgment of DATE in so far as it concerned the eviction of the occupants of apartment no . CARDINAL . In a letter of DATE , ORG informed the applicant that due to a lack of funds for the construction of apartment buildings and available alternative accommodation for the evicted tenants , it could not enforce the judgment of DATE .", "On DATE ORG dismissed ORG request seeking to stay the enforcement of the judgment of ORG of DATE . On DATE ORG , in its final judgment , rejected the Deputy Mayor 's appeal against the above judgment .", "Following a request by ORG , ORG applied to ORG for annulment of the judgments of ORG of DATE and ORG of DATE .", "On DATE ORG dismissed the Procurator General 's request for annulment .", "On an unspecified date the applicant lodged a fresh request with ORG for the enforcement of the judgments of DATE and DATE . In a letter of DATE , ORG informed the applicant that due to a lack of funds and alternative accommodation for the occupants of apartment no . CARDINAL , it could not enforce the judgment of DATE . As regards the enforcement of the judgment of CARDINAL October CARDINAL , ORG replied that the money would be paid after other court orders had been paid .", "On DATE ORG paid the applicant MDL CARDINAL ( the equivalent of LAW at the time ) in accordance with the judgment of DATE . The judgment of DATE in respect of the eviction of the tenants from apartment no . CARDINAL remained un - enforced .", "The relevant provisions of Law no . CARDINAL of DATE , as amended on DATE , read as follows :", "“ LAW . Restitution of property to persons who were subjects of repression", "( CARDINAL ) Any citizen of GPE , who has been the subject of political repression and subsequently rehabilitated , shall have returned to him , at his request or at the request of his heirs , any property which was confiscated , nationalised or taken away from him in some other way . ( ... )", "( CARDINAL ) Any act of sale - purchase or other form of transfer of houses , buildings or other constructions and goods confiscated , nationalised or taken away from a person who was the victim of repression , concluded after his rehabilitation , can be declared null through the courts following a request lodged by the victim of repression or his heirs . ”", "In DATE a new paragraph was added to the above Article by virtue of Law No . CARDINAL of DATE , which reads as follows :", "“ ( CARDINAL ) Any person to be evicted from a restituted house shall be provided upon his eviction with accommodation on a priority basis by the local public administration authorities , in accordance with the legislation . ”", "Article CARDINAL of the Code of Civil Procedure , in force between CARDINAL DATE and DATE , reads as follows :", "“ The creditor or the debtor against whom enforcement proceedings are pending may lodge an appeal against the acts carried out or the refusal to carry out such acts by a bailiff within the enforcement proceedings . ( ... ) ”", "Article CARDINAL of LAW , in force between DATE and DATE , reads as follows :", "“ Damage caused to a natural or legal person by the illegal actions of the criminal investigation organs , prosecution or the courts , shall be entirely repaired by the ORG , in the manner prescribed by law , regardless of the fault of any public servant from the criminal investigation organs , prosecution or the courts . ”", "On DATE a new Civil Code entered into force . LAW reads as follows :", "“ ( CARDINAL ) Damage caused by an unlawful administrative decision or as a result of a failure to act upon a request within a statutory time limit by a public authority or by a public official shall be compensated by the public authority ( ... ) .", "( CARDINAL ) Individuals shall be entitled to claim general damages caused as a result of the acts foreseen in paragraph CARDINAL of the present Article . ( ... ) ”" ]

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[ "6-1" ]

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[ "The applicant , Mr PERSON , is a GPE national who was born in DATE and lives in GPE .", "DATE the applicant lived in GPE ( “ the GPE ” ) , where he carried out academic research for a dissertation . During his stay in the GPE , he also worked as a freelance journalist for NORP DATE and DATE papers . Like most aliens from capitalist countries living in the GPE , the applicant was kept under surveillance by the GPE intelligence authorities .", "After his return to the GPE in DATE , the applicant suspected that he had attracted the attention of the then ORG ( Binnenlandse Veiligheidsdienst – “ the ORG ” ) as he had the impression that his telephone conversations were being intercepted . After obtaining a magna cum laude doctorate degree in DATE , the applicant was unable to find suitable employment in the GPE .", "According to the applicant , this situation was linked to the often critical positions he had adopted in his academic and journalistic work , which , he claimed , had considerably irritated his fellow historians and politicians in the GPE . He submitted that GPE academics had repeatedly insinuated that he was a “ fellow traveller ” of communism . The applicant suspected that his publications and stays in the GPE and the mistrust displayed by his peers were having a negative effect on his career prospects in the GPE . He therefore decided to move abroad , and worked as a researcher and journalist in GPE , GPE and GPE in that order . The applicant returned to GPE in DATE .", "On DATE the applicant requested the Minister of the Interior and ORG ( Minister PERSON en GPE – “ the Minister ” ) , to inform him as to what data were contained in possible files held on him by the ORG .", "In his decision of DATE , with further additions in a subsequent decision of CARDINAL DATE , the Minister stated – referring to LAW b ) of ORG ( PERSON van Bestuur – “ the WOB ” ) and the relevant case - law under this provision of ORG ( Afdeling Bestuursrechtspraak ) of ORG ( PERSON ) , and LAW ( Wet op de Inlichtingen- en Veiligheidsdiensten ) DATE that no information would be provided on whether or not the ORG held current data about the applicant , since such a move could give an insight into ORG sources , working methods and current level of knowledge . The Minister had , therefore , treated the applicant ’s request as a request for access to outdated information possibly held on him by the ORG . Apart from outdated material from a “ sister organisation abroad ” , no outdated information about the applicant had been found . After the “ sister organisation ” had granted permission for disclosure , the applicant was granted access to the outdated information in so far as the contents would not lead to disclosure of ORG sources or working methods , or of personal data relating to third parties .", "The outdated information disclosed to the applicant consisted of ( parts of ) CARDINAL documents , including ( parts of ) CARDINAL letters in NORP concerning the applicant and a copy of a letter the applicant had written on DATE to ORG at the West Berlin Regional Court . In the letter , the applicant criticised in virulent terms recent searches carried out by the NORP investigating authorities of the homes of persons referred to by the applicant as “ enemies of the LAW and other enemies ” ( PERSON sonstigen GPE ) . The applicant ended the letter with the phrase “ Death to the ‘ NORP rule - of - law State’ ” ( PERSON an den “ deutschen PERSON ” ) .", "Dissatisfied with the limited information disclosed , the applicant filed an objection ( bezwaar ) , which was dismissed by the Minister on DATE . The applicant lodged an appeal against that decision with ORG ( arrondissementsrechtbank ) , arguing , inter alia , that , as the ORG information about him had apparently been gathered during an investigation conducted in DATE in a Cold War context , the information could no longer be considered “ current ” but should instead be classified as “ outdated ” .", "The applicant ’s appeal was dismissed on all points but CARDINAL by ORG in a judgment of DATE . With the applicant ’s permission , as required by LAW § CARDINAL of LAW ( PERSON Bestuursrecht – “ the ORG ” ) , ORG had been given access to undisclosed ORG information , without that information being disclosed to the applicant . ORG held that CARDINAL particular document that had not been disclosed DATE it being unclear whether or not it did in fact concern the applicant although it did have a link with him – should not have been withheld from the applicant under LAW of LAW , as it had not been established that the document contained personal data relating to a third party . ORG quashed the Minister ’s decision in respect of the document , finding that no adequate reasons had been given . It did , however , add that – except on that CARDINAL point – it saw no reason to find the Minister ’s decision incorrect .", "On DATE the applicant lodged an appeal with ORG of ORG .", "On DATE the Minister took a further decision granting the applicant access to the document referred to in ORG ruling of CARDINAL DATE and confirming the remainder of his initial decision . The applicant lodged an appeal against the new decision of CARDINAL DATE .", "On DATE ORG – which , with the applicant ’s permission , had also been given access to undisclosed ORG information without that information being disclosed to the applicant – dismissed the applicant ’s appeal against ORG judgment of CARDINAL DATE , upheld that judgment and dismissed the applicant ’s appeal against the Minister ’s decision of CARDINAL DATE . That decision , in its relevant parts , reads :", "“ DATE . Under LAW of the PERSON , anyone can address a request to a public body ... for information set out in documents concerning a public administrative matter . Pursuant to [ LAW of the PERSON ] a request for information will be granted , subject to the provisions of ORG CARDINAL and CARDINAL [ of the PERSON ] . Pursuant to LAW ( b ) of the PERSON , no information shall be provided which could undermine the security of the ORG .", "In the [ impugned ] decision the Minister informed the appellant that , after a thorough search of the archives , some outdated information had been found which was disclosed DATE in paraphrased form – to the applicant , and that no other outdated information on him had been found . In so far as the appellant ’s request concerned current information , the Minister gave a reasoned explanation for not disclosing information that could give an insight into the current level of ORG knowledge , leaving open whether or not current information about the appellant was being held .", "ORG has concluded that , ... [ apart from CARDINAL document ] ... , it saw no reason to find the decision [ of DATE ] incorrect .", "The appellant disagrees with this conclusion of ORG . According to the appellant , the ORG holds much more outdated information about him than it pretends . In this connection the appellant refers to the remark in the letter of CARDINAL March CARDINAL – one of the classified documents disclosed to the appellant – that an investigation of the applicant was still running . As the Minister qualified the letter of CARDINAL DATE as “ outdated ” , the investigation mentioned in it should also be regarded as outdated , in his view , with the result that the documents relating to the investigation should be disclosed to him . The appellant fails to see why [ access to ] this information , which was gathered in the context of the Cold War , should be refused on the ground that it could give an insight into current sources and working methods of the ORG . The appellant can not agree with ORG reasoning on this point .", "This argument fails . Having followed the procedure set out in LAW ORG , ORG is , like ORG , of the opinion that , apart from the [ one document ] disclosed to the appellant in the meantime , there is no reason to find that the [ impugned ] decision is incorrect . There is no evidence that outdated information concerning an investigation of the appellant has remained undisclosed . The question whether the ORG , now ORG [ Algemene Inlichtingen- en Veiligheidsdienst – “ the ORG ” ] , holds information on the appellant which , in view of the tasks performed by the service , remains of a current nature , does not have to be answered . In this connection , ORG has correctly referred to the settled case - law of ORG , as it emerges from , inter alia , the rulings of DATE concerning no . HCARDINAL.CARDINAL.CARDINAL , ( ORG ( LOC ) ORG , CARDINAL ) and DATE concerning no . HCARDINAL.CARDINAL.CARDINAL , ( Administrative Case - law Reports ( ORG ) JB CARDINAL/CARDINAL ) , which held that the Minister could refrain from disclosing information that could give an insight into the current level of knowledge held by the ORG , now the ORG , on the basis that disclosure of such information could undermine the functioning of the service and hence the security of the ORG .", "It follows from the above that the appeal is unfounded . The impugned decision must be upheld . The appeal directed against the decision of CARDINAL DATE is equally unfounded . ”", "No further appeal lay against this ruling .", "Until DATE the GPE intelligence and security services were governed by LAW of DATE regulating the duties , organisation , working methods and cooperation of the intelligence and security services ( PERSON DATE , GPE . CARDINAL , houdende regeling van de taak , ORG , de werkwijze en de samenwerking van de inlichtingen- en veiligheidsdiensten ) .", "In its report of DATE under former LAW in the case of ORG and Others v. the GPE ( nos . CARDINAL/CARDINAL , DATE , CARDINAL , CARDINAL , GPE , GPE , DATE , CARDINAL/CARDINAL , PERSON and GPE ) ORG found that the provisions of LAW of DATE were incompatible with the requirements of LAW , in that they lacked precision and adequate safeguards .", "LAW of DATE was subsequently replaced by the DATE Intelligence and Security Services Act ( FAC inlichtingen- en veiligheidsdiensten – “ the DATE LAW ) , which entered into force on DATE . It provided for CARDINAL branches of the intelligence and security services , namely ORG ( “ the ORG ” ) and ORG ( ORG DATE MID ” ) .", "Under LAW ( a ) of LAW , the ORG was entrusted , inter alia , with the task of collecting information about organisations or persons who , by virtue of the aims they pursued or their activities , gave rise to serious suspicions that they constituted a danger to the continued existence of the democratic legal order or to the security or other vital interests of the ORG . It was also given responsibility for carrying out security screening of public officials ( LAW ( b ) of LAW ) and promoting measures aimed at securing information which needed to be kept secret in the interests of the ORG and information concerning those parts of the public service and industry which , in the view of the minister responsible , were of vital importance to society ( LAW ( c ) of LAW ) .", "LAW provided :", "“ The coordinator and the heads of the [ intelligence or security ] services are to ensure :", "( a ) the secrecy of information to be treated as classified and of the sources of that information .", "( b ) the safety of persons with whose cooperation the information is being gathered . ”", "LAW read , in its relevant part :", "“ CARDINAL . Personal data shall be gathered , recorded and provided to third parties by ORG ] [ intelligence or security ] service only in so far as this is strictly necessary for the performance of its tasks as defined in this Act .", "...", "The Minister concerned shall , in agreement with the Minister of ORG , determine rules concerning the management of the collections of personal data that are being held by the [ security ] service concerned .", "The rules referred to in the previous paragraph shall at least contain regulations concerning :", "( a ) the purpose of the collections ;", "( b ) the secrecy of the data recorded therein ;", "( c ) the monitoring of the accuracy of those data ;", "( d ) the length of time for which data may be stored ;", "( e ) other grounds for the removal of data from the collections ;", "( f ) the destruction of removed data .", "... ”", "The Minister of the ORG , in agreement with the Minister of ORG , issued ORG ( PERSON ORG ) , which contained further rules within the meaning of LAW . This Regulation entered into force on DATE . According to LAW , persons about whom data had been recorded did not have a right of access to their personal data , nor did they have the right to learn whether or not personal data had in fact been recorded about them .", "In CARDINAL rulings given on DATE ( CARDINAL of which was published – see ORG , CARDINAL ) , ORG found that the provisions of the DATE Act fell short of the requirements of ORG CARDINAL and CARDINAL of the Convention . It found that the provisions of LAW did not comply with the requirement of foreseeability under the Convention with regard to the categories of persons about whom information could be collected , the circumstances in which information could be collected and the means that could be used for obtaining information . It further considered that a person who had been refused access to information should be given reasons for such refusal instead of a general statement referring to national security . It also found that the CARDINAL existing control mechanisms could not be regarded as effective in that ORG did not have the power to give any binding decisions and ORG of ORG ( PERSON voor de inlichtingen- en veiligheidsdiensten ORG ) did not have a statutory basis .", "Consequently , the Minister of the ORG could no longer determine requests for access to information under ORG , but had to apply the criteria of ORG ( “ the WOB ” ) in dealing with such requests . This meant that each request for access to information had to be examined on an individual basis and that reasons had be given in the event of a refusal .", "LAW of the PERSON reads :", "“ CARDINAL . Anyone can submit a request for information contained in documents about a public administration matter to a public administration body or to an institution , service or company working under the responsibility of a public administration body .", "A request for information shall be granted subject to the provisions of ORG CARDINAL and CARDINAL [ of the PERSON ] . ”", "Article CARDINAL of the PERSON provides :", "“ CARDINAL . The public administration body shall provide the information in respect of the documents that contain the requested information by", "( a ) providing a copy thereof or providing the contents word for word in another form ,", "( b ) allowing access to the contents ,", "( c ) providing an excerpt or a summary of the contents , or", "( d ) providing information therefrom .", "In the choice between the various forms of information referred to in the first paragraph , the public administration body shall take into account the petitioner ’s preference and need to ensure smooth operation of its activities . ”", "LAW ( b ) of the PERSON states :", "“ No information shall be made available under LAW in so far as this : ...", "( b ) might undermine the security of the ORG ; ”", "Proceedings under the PERSON are governed by the provisions of LAW ( “ the ORG ” ) . Article CARDINAL:CARDINAL of the ORG provides :", "“ CARDINAL . Parties who are obliged to submit information or documents may , when there are substantial reasons for so doing , refuse to provide information or submit documents , or inform the court that it alone may take cognisance of the information or documents .", "Substantive reasons shall in any event not apply to a public administration body in so far as the obligation exists , pursuant to ORG , to grant requests for information contained in documents .", "The court shall decide whether the refusal or limitation on taking cognisance referred to in the first paragraph is justified .", "Should the court decide that such refusal is justified , the obligation shall not apply .", "Where the court decides that the restriction on taking cognisance is justified , it may , with the permission of the other party , give a ruling on the basis of , among other factors , the information or documents concerned . If permission [ by the other party ] is withheld , the case shall be referred to another bench . ”", "In the light of the rulings given on DATE by ORG , ORG decided to undertake a comprehensive review of the statutory rules governing the GPE intelligence and security services . This resulted in the enactment of the Intelligence and Security Services Act DATE which entered into force on DATE , replacing LAW . LAW provides for CARDINAL intelligence and security agencies , ORG ( Algemene Inlichtingen- en Veiligheidsdienst – “ the ORG ” ) and ORG ( ORG Inlichtingen- en ORG – “ the NORP ” ) . The ORG ’s tasks are set out in LAW , and those of the ORG in LAW . LAW also contains detailed provisions on the categories of persons about whom information may be collected , the circumstances in which information may be collected , the means that may be used for obtaining information and the manner in which information may be recorded .", "The DATE Act further provides for an independent ORG ( GPE PERSON ) , entrusted with the task of monitoring the lawfulness of the activities of the intelligence and security agencies . Pursuant to LAW , the Ministers concerned , the heads of the agencies , the official entrusted with the task of coordinating the policies and activities of the ORG and the ORG , and all other officials involved in activities under LAW , are obliged to provide ORG with any information and cooperation which ORG considers necessary to the performance of its tasks . LAW also provides for the possibility for individuals to request access to information held on them or their deceased spouse , partner , child or parent . LAW provides that ORG of GPE has jurisdiction to hear appeals against decisions refusing access to such information ." ]

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[ "ORG Mr. PERSON is an NORP citizen , born in DATE and resident at ORG ) in GPE . At the time of the events complained of , he was a contractor by profession .", "ORG On DATE , ORG ( tingsrätten ) of GPE issued a warrant for his arrest ( häktningsbeslut ) on the ground that there was probable cause to suspect him of gross smuggling and a serious offence against the legislation on narcotics , and also to believe that he would abscond .", "Mr. PERSON was not present at the hearing but was represented by counsel assigned by the court .", "ORG After being arrested in the GPE on DATE , he was extradited to GPE on DATE and immediately placed in custody in the main prison ( allmänna häktet ) in GPE . ORG was notified DATE .", "As from DATE , the police inspector in charge endeavoured to interrogate Mr. PERSON , but the latter declined to make any statement until he had had the opportunity to consult a lawyer . Although informed that Mr. PERSON had been appointed as official defence counsel , the applicant refused to accept any other lawyer than Mr. PERSON ORG therefore appointed Mr. PERSON who , on DATE , visited the applicant in his cell .", "ORG On DATE , ORG held a hearing at the close of which it ordered Mr. PERSON ’s continued detention and directed that criminal proceedings against him should be instituted no later than CARDINAL DATE . The public prosecutor instituted such proceedings on DATE .", "ORG On DATE , when the main hearing ( huvudförhandling ) was about to begin , the applicant requested that CARDINAL persons be heard as witnesses and expressed his wish to adduce certain written evidence which was not immediately available . ORG remanded Mr. PERSON in custody and deferred the hearing until DATE .", "ORG On DATE , in view of the applicant ’s poor physical condition , ORG once more adjourned the hearing ; it also directed that the applicant should be kept in detention .", "ORG The trial finally took place on CARDINAL DATE . Mr. PERSON was convicted of a serious offence against the legislation on narcotics and sentenced by ORG to DATE imprisonment ; ORG also ordered that he should be deported from GPE on expiry of his sentence .", "Conviction and sentence were upheld on CARDINAL DATE by ORG ( PERSON hovrätt ) .", "On DATE , ORG ( högsta domstolen ) refused the applicant ’s request for leave to appeal .", "ORG On DATE , Mr. PERSON was released after serving CARDINAL of his sentence , account having been taken of the time spent in detention both in the GPE and in GPE prior to conviction ( LAW , section CARDINAL , of LAW ) .", "ORG Under LAW , LAW ( rättegångsbalken ) an appeal against an arrest warrant is not made subject to any time - limit .", "In virtue of the last paragraph of LAW , section CARDINAL , the court must be notified immediately when such warrants are executed . Once it is in receipt of such information , the court has to lay down the period of time within which criminal proceedings ( åtal ) against the person detained must be instituted . If this period is greater than DATE , the court must normally hold a public hearing at least once a fortnight in order to decide whether or not detention is to be continued .", "ORG On DATE , ORG set up a commission to consider revising parts of LAW , including the rules governing pre - trial detention . In particular , the commission is to inquire into the possibilities of making the prerequisites for placing a suspect in detention on remand ( häktning ) more stringent and into possible ways of shortening the duration of detention on remand and provisional detention ( anhållande ) ." ]

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[ "The applicant , Mr PERSON , is a NORP national who was born in DATE and lives in PERSON . He was represented before the ORG by Mr J. Skřipský , a lawyer practising in PERSON . ORG ( “ the Government ” ) were represented by their Agent , Mr PERSON , from ORG .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "On DATE the applicant was arrested and charged with fraud . DATE , his detention on remand was ordered .", "On DATE the applicant was released . On CARDINAL DATE , together with CARDINAL other persons , the applicant was indicted before ORG ( krajský soud ) .", "In a judgment of DATE ORG acquitted the applicant . The judgment became final on DATE .", "The relevant domestic law and practice concerning remedies for the allegedly excessive length of judicial proceedings are set out in the ORG ’s decision in the case of PERSON v. GPE , no . MONEY ( dec . ) , § § CARDINAL - CARDINAL , DATE ) ." ]

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[ "The applicant , Mr PERSON , is a citizen of GPE who was born in DATE and lives in GPE .", "Prior to the dissolution of the former ORG ( “ the SFRY ” ) the applicant deposited foreign currency in his bank account at the then office of a NORP bank in GPE ( GPE banka PERSON filijala GPE ) . In GPE , as well as in other successor GPE of the former SFRY , such savings are commonly referred to as “ old ” foreign - currency savings ( for the relevant background information see GPE v. GPE DATE . ) , no . CARDINAL , ORG CARDINAL- ... ) .", "Following several unsuccessful attempts to withdraw his funds , the applicant initiated court proceedings against the Ljubljanska banka GPE ( at the relevant time , the legal successor of the GPE banka PERSON filijala GPE ) .", "On DATE ORG Instance ordered the GPE banka GPE to pay to the applicant , within DATE , the full sum in his account ( MONEY ) , which amount included accrued interest . Default interest and legal costs were not awarded . The judgment entered into force on DATE .", "After the Ljubljanska banka GPE had failed to execute the judgment voluntarily , on DATE the competent court issued an execution writ . It entered into force on DATE .", "Meanwhile , the applicant filed an application with ORG ( the human - rights body set up by Annex DATE LAW ) .", "On DATE ORG found a violation of LAW No . CARDINAL to that Convention arising from a failure to enforce the judgment of CARDINAL DATE . ORG held ORG responsible and ordered it to ensure full enforcement by DATE . The applicant was also awarded CARDINAL NORP markas ( BAM ) for non - pecuniary damage and BAM CARDINAL for legal costs .", "On DATE ORG , in a further decision , decided that ORG should pay the judgment debt instead of the GPE banka GPE . The applicant was also awarded an additional amount of DATE .", "The judgment debt ( MONEY ) and damages and legal costs awarded by ORG ( in total MONEY ) have subsequently been paid to the applicant . The applicant has thus received MONEY in all . He has not indicated the date of the payment .", "For the relevant domestic law and practice see the ORG decision cited above ." ]

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[ "The applicant , Mr PERSON Garmasovich GPE , is a NORP national who was born in DATE and lives in GPE . He is represented before the ORG by PERSON , a lawyer practising in GPE .", "At the material time the applicant , his wife and their CARDINAL sons lived in a private house at FAC , ORG .", "In DATE ORG launched a military operation in GPE , aimed at disarming illegal armed formations .", "According to the applicant , on DATE , during CARDINAL of the federal attacks on ORG , his then DATE elder son was seriously injured with the result that he was paralysed .", "In DATE a new military operation was commenced on the territory of GPE .", "According to the applicant , from DATE until DATE he and his family hid in the basement of their house fearing massive air strikes and artillery shelling of ORG .", "On DATE they were admitted to hospital and diagnosed with post - contusional syndrome and neurasthenia . The applicant submitted a medical certificate confirming the above diagnosis .", "On DATE the applicant and his family members were discharged from hospital , which was being evacuated since the warfare intensified .", "On the same date the applicant and his relatives returned home .", "According to the applicant , at some point in DATE they were intimidated and robbed by federal soldiers .", "At DATE the federal military authorities warned the residents of ORG that they should leave the city within TIME .", "On DATE the applicant and his family left for ORG . According to the applicant , federal military kept refugees from PERSON at a check - point at the Ingush border for DATE in the open and without giving them any food .", "At DATE the applicant and members of his family reached GPE and stayed with their relatives .", "At some point the applicant found out that his house and other property in GPE had been destroyed during the hostilities .", "On DATE local authorities drew up an evaluation report ( дефектный акт ) confirming that the applicant ’s possessions were completely devastated during the hostilities in DATE .", "On DATE the applicant filed a court claim against ORG in ORG of GPE ( “ the ORG ” ) . He complained about the destruction of his possessions , enclosing the evaluation report of DATE and a list of the destroyed items of his property , and sought compensation for pecuniary and non - pecuniary damage .", "On DATE the ORG delivered its judgment , in which it acknowledged the fact that the applicant ’s private house and other belongings had been destroyed as a result of the hostilities in DATE . The court held , however , that under LAW of LAW of GPE the ORG was only liable for damages for its agents’ actions which were unlawful . It noted that the military operation in GPE had been launched by virtue of presidential decree no . CARDINAL of DATE , and governmental decree no . CARDINAL of DATE which had been found constitutional by ORG on DATE , except for CARDINAL provisions of the governmental decree . In this latter respect the court noted that the said CARDINAL provisions had never been applied to the applicant , and therefore no unlawful actions on the part of the ORG bodies had ever taken place to warrant compensation for damage inflicted on the applicant ’s property .", "The court further held that under LAW of LAW of GPE damage inflicted by a source of increased danger was to be compensated for by a person or entity using such source , unless it was proven that the damage had been caused on account of force majeure or the fault of the affected person . However , in the court ’s view , the applicant had not submitted any evidence to confirm that his property had been destroyed by a source of increased danger used by the ORG , or that he had borne any mental suffering in connection with the destruction of his housing and other possessions . Accordingly , the court concluded that there were no grounds for granting the applicant ’s claims .", "On DATE ORG dismissed the applicant ’s appeal thus upholding the first instance judgment ." ]

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[ "The applicant was born in DATE and lives in GPE .", "On DATE the Minister of ORG , PERSON Antoni GPE , submitted to ORG and made public a “ list of secret collaborators with the security services DATE ” . The list , unofficially called “ the GPE list ” , contained names of public officials who appeared in the archives of ORG and included the President and many Members of ORG . The publication of the list sparked uproar in the PERSON , a ORG of the NORP ORG , which led to the fall of the government of CARDINAL PERSON TIME .", "The applicant , who had been a Member of ORG , appeared on the list .", "On DATE the parliament passed the PERSON on disclosing work for or service in the ORG ’s security services or collaboration with them DATE by persons exercising public functions ( ustawa o ujawnieniu pracy lub służby w organach bezpieczeństwa państwa lub współpracy z nimi w latach DATE osób pełniących funkcje publiczne ; “ the DATE LAW ” ) . It entered into force on DATE . Persons falling under the provisions of the DATE LAW , i.e. candidates or holders of public office such as ministers and members of parliament , were required to declare whether or not they had worked for or collaborated with the security services during the communist regime .", "On DATE the applicant applied to the court to institute the socalled “ autolustration ” proceedings under section CARDINALa § CARDINAL of LAW . He submitted his lustration declaration , in which he stated that he had not been an intentional and secret collaborator with the secret services .", "The applicant was the first of many persons from the GPE list who applied for autolustration claiming that they had not been secret collaborators with the communistera secret services . In some cases the lustration courts agreed and cleared the name of the person concerned .", "On DATE ORG ( Sąd Apelacyjny ) decided to institute lustration proceedings in the applicant ’s case .", "On DATE ORG gave a judgment in which it found that his lustration declaration had been truthful and that the applicant had not been an intentional and secret collaborator with the secret services . The panel of the court was composed of CARDINAL judges .", "The Commissioner of ORG ( PERSON ) appealed against the judgment .", "On DATE ORG , acting as the secondinstance lustration court allowed the appeal and remitted the case . The court was constituted of a panel of CARDINAL judges which included judge PERSON", "On DATE ORG acting as the firstinstance lustration court , found that the applicant had been an intentional and secret collaborator with the security services DATE .", "The applicant appealed against the judgment .", "On DATE ORG dismissed the appeal and upheld the judgment . The court was constituted of a panel of CARDINAL judges which again included Judge PERSON", "The applicant lodged a cassation appeal complaining inter alia about the lack of impartiality of Judge PERSON The applicant submitted that this judge had participated in the preparation of his lustration proceedings and was a member of a lustration court DATE . The latter panel was later dissolved ; nevertheless , these factors cast doubt on the judge ’s impartiality particularly as he was a member of the panels giving judgment at the secondinstance .", "The applicant ’s cassation appeal was dismissed on DATE by ORG ( Sąd Najwyższy ) . ORG examined inter alia the applicant ’s complaint that Judge PERSON had participated in his trial at the first and , on CARDINAL occasions , the second instance . It dismissed the argument that such participation had given rise to doubts regarding his impartiality , finding that the judge in question had not been a member of the panel that had given a decision at first instance . As regards the applicant ’s complaint that Judge PERSON had been a member of the panel of the second - instance court twice , the court noted that , according to the domestic law , such judge was not ex lege excluded from dealing with the case . It was however open to the party having doubts as to the lack of impartiality of the judge to challenge him or her during the proceedings ; the applicant had failed to do that . Since the applicant accepted the composition of the second - instance court which gave the judgment on DATE , he can not effectively raise doubts as to the lack of impartiality of CARDINAL of the judges at the cassation appeal stage .", "The applicant was barred from being a Member of ORG for a period of DATE in application of the CARDINAL LAW .", "The judgment was notified to the applicant ’s representative in DATE .", "The relevant law and practice concerning lustration proceedings in GPE are set out in the ORG ’s judgment in the case of ORG v. GPE , no . CARDINAL/CARDINAL , § CARDINAL , ECHR CARDINALV." ]

[ "6" ]

[ "6-1", "6-3" ]

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[ "The applicant [ Mr PERSON NORP ] is an LOC national , born in DATE . When he lodged his application , he was in GPE . He was represented before the ORG by Mr PERSON , of ORG .", "The applicant was the director of ORG ( ORG ) from its inception in DATE until DATE , apart from the period DATE . The ORG is a quasi - public organisation responsible for the administrative , financial and technical management of the LOC social security system . At DATE the ORG had accumulated old - age pension fund reserves of MONEY ( ESP ) . The governing body decided , at its meeting on DATE , to diversify the use of those reserves by earmarking a maximum of PERCENT for variable - rate investments .", "In his capacity as director of the ORG , the applicant followed a policy of investing part of the retirement pension fund by buying company stock or variable - rate securities . In the course of those operations , the applicant became acquainted with a NORP national , J.M.R. , representative and shareholder of a NORP company called ORG , whose head office was in GPE . In DATE the applicant and J.M.R. decided that the ORG ’s investments in GPE would be effected through PERSON . In order to take up the shareholding in PERSON , the applicant used as intermediary the LOC company , IBERINSA , of which he was a shareholder . On DATE ORG of IBERINSA decided to subscribe to shares in PERSON and appointed the applicant to represent it in its dealings with the company .", "From then on , according to the judgments delivered by the PERSON courts , the applicant , aided and abetted by J.M.R. , began channelling substantial pension funds into investment operations in GPE – on many occasions without the consent or approval of the ORG ’s governing body . The ORG incurred losses totalling more than ESP CARDINAL as a result of , inter alia , the depletion by the applicant and J.M.R. of the assets of various companies for the benefit of PERSON .", "On DATE the episcopal batlle ( judge ) received a complaint from the chairman of the governing body of the ORG informing him that the applicant had received threats from J.M.R. and setting out the situation regarding the administration of the ORG ’s pension fund reserves . A preliminary investigation was opened following the complaint , but was discontinued DATE .", "On DATE ORG , the legislative body of ORG to which the applicant regularly had to report on the management of the ORG in his capacity as director thereof , lodged a criminal complaint against the applicant with the NORP batlle , followed DATE by a further criminal complaint and application to join the proceedings as a civil party . That complaint gave rise to a criminal investigation , which is the subject of this application . The applicant lodged an application with the investigating judge in which he contested ORG locus standi to join the criminal proceedings . His application was dismissed . The applicant appealed to ORG , which set aside the decision on DATE and dismissed ORG complaint and application to join the proceedings as a civil party . There thus remained the public prosecutor as instigator of the criminal proceedings and the ORG as private prosecutor .", "The applicant was kept in pre - trial detention from DATE until DATE , then from DATE until DATE , and , lastly , from DATE until his conviction on DATE . In the meantime , the investigating judge issued an arrest warrant against J.M.R. on DATE .", "At the end of the investigation , the public prosecutor lodged his provisional indictment submissions in which he categorised the offence as misappropriating public assets or funds , damaging the economy and forging private and official documents .", "At the beginning of his trial in ORG the applicant complained that the trial was being held in the absence of J.M.R. and requested a stay of proceedings . The court replied that J.M.R. was well aware of the commencement date of the trial since his lawyer had stated at the beginning of the hearing that he had spoken to his client on the telephone and , furthermore , had produced a medical certificate issued on a date very close to that of the trial certifying that he was ill and therefore could not attend court . The court added that as J.M.R. was a NORP national in GPE , the warrant for his arrest could not be enforced and that any move by the PERSON courts to secure his extradition would be doomed to failure . Accordingly , the court decided to continue with the trial in order , inter alia , to guarantee the applicant his right to have his case heard within a reasonable time in accordance with LAW . It also noted that the applicant had not at any time during the investigation requested to cross - examine J.M.R. or to be confronted with him .", "In a judgment of DATE , delivered after public proceedings deemed to be inter partes , ORG found the applicant guilty of misappropriating public funds and forging official documents . It sentenced him to DATE imprisonment and payment to the ORG CARDINAL in damages . It acquitted him , however , of damaging the economy . The court based its decision on a whole range of evidence freely discussed at a public trial , particularly the applicant ’s written statements , the testimony of numerous witnesses , auditors’ reports and documentary evidence .", "The applicant appealed to ORG , contending that his fundamental rights had been breached . In a judgment delivered after adversarial proceedings , ORG dismissed his appeal on DATE .", "The applicant requested the public prosecutor to lodge an empara appeal against that judgment with ORG , which is a remedy for violations of the right to a fair trial guaranteed by LAW . On DATE the public prosecutor decided to lodge the empara appeal , while disagreeing with the applicant ’s allegations .", "In a decision of DATE , ORG declared the empara appeal inadmissible . The public prosecutor lodged a súplica appeal with ORG , which dismissed it on DATE on the ground that it did not satisfy the conditions set out in LAW ( c ) of LAW .", "Following the entry into force of the DATE Act amending LAW , and pursuant to its third transitional provision , the applicant appealed directly to ORG ( remedy of empara ) on DATE against ORG judgment of DATE complaining of a violation of his fundamental rights guaranteed by LAW . In his appeal the applicant alleged the following violations:-", "Violation of the right to a predetermined impartial tribunal because the investigation of the case had been entrusted to the NORP batlle and not the episcopal batlle who had examined the first complaint lodged by the chairman of the ORG ’s governing body about the threats received by the applicant .", "Violation of the right to a fair trial on account of the court ’s decision to continue with the trial against the defendants present and in the absence of a co - defendant , J.M.R. , whom he had been unable to cross - examine or confront .", "Refusal by the trial and appeal courts to set aside all the investigative measures undertaken during the period in which ORG was a party to the proceedings as private prosecutor .", "Violation of the principle of the presumption of innocence on account of the assessment of the evidence made by the trial and appeal courts .", "Violation of the rule that offences and punishments shall be strictly defined by law on the ground that the offence with which the applicant had been charged did not constitute the offence of misappropriation of public funds defined by LAW .", "In a judgment of DATE , ORG dismissed the empara appeal . With regard to the complaint of an infringement of the right to an impartial and predetermined tribunal , ORG concluded , after observing that the applicant had never claimed that the investigating judge had breached his duty of subjective or objective impartiality and examining the provisions of LAW governing conflicts of court jurisdiction , that there had been no violation of the right relied on because the NORP batlle had begun his investigation after the preliminary investigation opened by the episcopal batlle had been closed . In respect of the complaint that ORG had decided to continue with the trial notwithstanding the absence of a co - defendant , J.M.R. , ORG found that the trial court had duly justified its decision on the ground DATE could not attend trial for health reasons and its conviction that he had no intention of cooperating with the courts . The court held that , while DATE ’s absence might have affected some of the evidence the applicant wished to adduce , that had neither prevented him from exercising his defence rights nor , consequently , infringed the constitutional rights on which he had relied . With regard to ORG participation in the proceedings up until ORG decision of DATE which excluded it , ORG observed that , as ORG had pointed out , there was nothing to indicate that ORG presence had prevented any investigative measure requested by the applicant from being carried out . As regards the applicant ’s complaint that he was systematically excluded during the entire investigation , ORG found , inter alia , that the decision to convict had taken account of a whole range of evidence , that the applicant had had the opportunity of informing himself of the investigative measures and that all the evidence he had requested to adduce had been admitted .", "..." ]

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[ "The applicant was born in DATE and lives in GPE .", "On DATE , while driving his car in reverse gear , he knocked a pedestrian over and drove off .", "On DATE ORG ( Bezirksgericht ) issued a provisional penal order ( Strafverfügung ) , following which the applicant was found guilty under LAW ) of having negligently caused bodily harm and under LAW of having abandoned the victim . The applicant was ordered to pay a fine of CARDINAL NORP schillings ( ORG ) ( MONEY ( ORG ) ) . The applicant objected and ORG opened ordinary criminal proceedings .", "On DATE the court held a hearing in which it examined several witnesses , the applicant and an expert who submitted that the applicant had not necessarily noticed the accident . Subsequently , on CARDINAL DATE , the court convicted the applicant of having negligently caused bodily harm and acquitted him of having abandoned the victim . It sentenced him to a fine of ORG CARDINAL ( approximately EUR CARDINAL ) , suspended on probation . The applicant did not appeal .", "Meanwhile , having interviewed the applicant in DATE , ORG ) issued a penal order on CARDINAL DATE whereby the applicant was found guilty under section CARDINAL ) in conjunction with section CARDINAL ) of LAW ( Straßenverkehrsordnung ) of having failed to inform the next police station about the accident . The applicant was ordered to pay a fine of ORG CARDINAL ( approximately ORG CARDINAL ) . He appealed on DATE .", "On DATE ORG ( “ the ORG ” – PERSON ) , having held a public hearing on DATE in which it heard evidence from several witnesses in the presence of the applicant 's counsel , dismissed the applicant 's appeal . It found that the applicant should have looked behind him when he reversed his car and , therefore , was to be blamed for carelessly failing to notice the accident . It further dismissed the applicant 's argument that he had been tried twice in respect of the same offence in breach of LAW , as it found that the administrative offence in issue did not relate to the same conduct as the criminal offences .", "On DATE the applicant lodged a complaint with ORG ) . On DATE he amended his complaint .", "During the period in question ORG was in the process of reviewing the lawfulness of specific provisions of LAW . This review was concluded on DATE , when ORG declared part of these provisions unconstitutional .", "Subsequently , on DATE , ORG quashed the ORG 's decision of DATE . This decision was served on the applicant 's counsel on DATE .", "DATE , on DATE , the ORG allowed the applicant 's appeal of DATE in part and reduced the fine to ORG CARDINAL ( approximately EUR CARDINAL ) . It further ordered him to pay the costs of the proceedings . The ORG stressed that there was no breach of LAW no . QUANTITY to the Convention . In particular , the offence of abandoning a victim under LAW presupposed intent while the offence under LAW also included negligent behaviour . The offences for which the applicant had been tried in the proceedings before ORG had not exhausted the scope of unlawfulness ( PERSON ) of the applicant 's conduct . On DATE the applicant lodged a complaint with ORG . On DATE he filed further comments .", "On DATE ORG , referring to its previous case - law , refused to deal with the applicant 's complaint .", "On DATE the applicant filed a request for reopening of the proceedings before ORG and argued that ORG had meanwhile repealed another provision of LAW upon which the ORG had based its findings . On DATE ORG rejected this request but granted the request to transfer the case to ORG ( Verwaltungsgerichtshof ) .", "On DATE the applicant amended the complaint transferred to ORG . The ORG submitted its observations in reply on DATE .", "On DATE ORG refused , under section CARDINAL(a ) of LAW ( PERSON ) to deal with the applicant 's complaint since the fine did not exceed ORG CARDINAL and no important legal question was at stake . This decision was served on the applicant 's counsel on DATE .", "Under LAW of LAW ) , it is an offence , punishable by DATE imprisonment or a fine of CARDINAL DATE - rates , to cause physical harm to another person . Under LAW of LAW , it is an offence , punishable by DATE imprisonment or a fine of up to CARDINAL DATE - rates , to cause physical harm by negligence .", "Article CARDINAL § CARDINAL of LAW provides that “ anyone who fails to assist another person ( Imstichlassen eines Verletzten ) to whom he has caused bodily injury ( LAW ) , albeit unlawfully , shall be liable to up to one year 's imprisonment or up to CARDINAL DATE - rates . ”", "Section CARDINAL of LAW ( Straßenverkehrsordnung ) provides :", "“ ( CARDINAL ) All persons whose conduct at the scene of a traffic accident was causally related to the accident shall", "( a ) if they are driving a vehicle , stop immediately ;", "...", "( CARDINAL ) NORP If anyone has been injured in a traffic accident , the persons referred to in subsection one above shall provide assistance ; if they are not capable of doing so , they shall arrange for assistance without delay . They shall further inform the nearest police station immediately ... ”", "Under LAW , in the version at force at the material time , it was an administrative offence ( PERSON ) , punishable by a fine of not less than ORG CARDINAL and not exceeding ORG CARDINAL or , in default of payment , by DATE to DATE imprisonment , for any driver having caused a traffic accident occasioning bodily injury to act contrary to section CARDINAL(CARDINAL ) and ( CARDINAL ) .", "Section CARDINAL(CARDINAL)(c ) of LAW provides that proceedings shall not be instituted in respect of an administrative offence that is based on facts that constitute an offence falling within the jurisdiction of the ordinary courts .", "The procedure before ORG is governed by LAW ( PERSON ) . Pursuant to section CARDINAL(CARDINAL ) , ORG must in principle either dismiss a complaint as ill - founded or quash the impugned decision . It shall quash the impugned decision if it is unlawful by reason of its content ; or because the respondent authority lacked jurisdiction ; or on account of a breach of procedural rules . A breach of procedural rules is relevant insofar as the respondent authority has made findings of fact which are in an important respect contradicted by the case file , require further investigation on an important point , or when compliance with the relevant rules could have led to a different decision by the respondent authority ( section CARDINAL ( CARDINAL ) ) .", "NORP Under section CARDINAL(a ) of LAW , ORG may decline to deal with a complaint against a decision of ORG in an administrative criminal case if a fine not exceeding EUR CARDINAL has been imposed and ORG decision would not involve the determination of a legal question of fundamental importance ." ]

[ "13", "6" ]

[ "6-1" ]

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[ "The applicant was born in DATE and lives in FAC .", "On DATE the police arrested the applicant . He was accused of planning a robbery and remanded in custody from that date .", "Several decisions extending the applicant ’s detention were made . In particular , on DATE ORG extended his detention in the context of the preliminary proceedings until DATE .", "On DATE the public prosecutor indicted the applicant and several other persons before ORG .", "The applicant requested to be released , arguing that ORG had not extended his detention after the expiry of the period indicated in the ORG decision of DATE .", "On DATE ORG ordered the applicant ’s release . Upon a complaint lodged by the public prosecutor ORG decided on DATE that the applicant should remain remanded in custody .", "On DATE the applicant complained to ORG that his detention in the period after DATE and ORG refusal to release him were both unlawful .", "On DATE the applicant was released .", "On DATE ORG found that the applicant ’s right under LAW had been violated in that there had been no judicial decision extending his detention after DATE ( judgment ORG ) . There existed no justification for that situation . Reference was made to ORG judgments ORG CARDINAL/CARDINAL and I. ÚS CARDINAL/CARDINAL ( see paragraphs QUANTITY below ) .", "ORG ordered ORG to reimburse the applicant ’s costs in the constitutional proceedings . It dismissed his claim for just satisfaction , holding that ( i ) its finding as such provided appropriate redress to the applicant and ( ii ) ORG decision of CARDINAL DATE was based on that court ’s practice , which , however , was not in accordance with practice under the ORG .", "The following provisions of LAW ( Law no . CARDINAL/CARDINAL Coll . , in force until DATE ) are relevant in the present case .", "Pursuant to LAW , a person ’s detention in the context of both pre - trial proceedings and during proceedings before a trial court can only last as long as necessary . Where detention in the context of pre - trial proceedings is to exceed DATE , it can be extended at a public prosecutor ’s request up to DATE by a judge or to a maximum of DATE by a court ’s chamber .", "Article CARDINAL § CARDINAL provides that a person ’s detention in the context of both pre - trial proceedings and during a trial must not exceed DATE . In justified cases ORG may extend its duration to a maximum of DATE and , in cases of particularly serious offences , DATE . Under paragraph CARDINAL of Article CARDINAL , a proposal for extension of a person ’s detention is to be submitted by a public prosecutor in the pre - trial proceedings and by the president of the court ’s chamber during the trial .", "Article CARDINAL § CARDINAL obliges investigators , prosecutors and judges to examine , at each stage of criminal proceedings , whether reasons for the accused person ’s detention persist . In pre - trial proceedings a judge is obliged to do so only when deciding on a public prosecutor ’s proposal to extend detention or to modify the reasons for it or when deciding on the accused person ’s application for release . Where a reason for an accused person ’s detention no longer exists , the accused must be released immediately .", "Article CARDINAL § CARDINAL entitles the accused to apply for release at any time . When the public prosecutor dismisses such an application in the course of pre - trial proceedings , he or she must submit it immediately to the court . The decision on an application for release must be taken without delay . If an application is dismissed , the accused may only renew it DATE after the decision has become final , unless he or she gives other reasons justifying his or her release .", "Pursuant to LAW , where the court carries out a preliminary examination of the indictment of a person who is detained , it shall also decide whether that person is to remain in custody .", "NORP In accordance with ORG practice , the time - limits mentioned in LAW exclusively concerned situations where a decision on a public prosecutor ’s proposal was to be made in the context of pre - trial proceedings . However , where an indictment had been filed within a shorter time than the DATE period mentioned in LAW , the law did not require that a request for continued detention of the accused persons be made or that a separate decision should be made on their continued detention , with the exception of cases where the indictment had been filed DATE before the expiry of the DATE maximum period of detention .", "Pursuant to a DATE ORG ruling ( Rt CARDINAL/CARDINAL ) , LAW requires a court to decide on further detention of an accused where it has carried out a preliminary examination of the indictment . Accordingly , where the presiding judge concludes , on the basis of the file , that a preliminary examination of the indictment is not required and considers the detention of the accused to be lawful , there is no need for a separate decision of the court chamber on continued detention of the accused . However , where the accused applies for release , the application must be decided upon without delay in accordance with LAW .", "In judgment ORG CARDINAL/CARDINAL ORG noted that LAW did not explicitly require that a decision on extension of an accused person ’s detention be given in cases where an indictment had been filed and where the detention , both at the pre - trial stage and during the trial , had not exceeded DATE .", "It held , however , that the filing of an indictment alone did not as such justify a person ’s continued detention . The court dealing with the case was required to decide explicitly on further detention of the accused prior to the expiry of the period for which the detention had been extended in the context of pre - trial proceedings .", "In its judgment ORG referred in particular to the guarantees laid down in LAW and the ORG ’s judgment in PERSON v. GPE ( no . CARDINAL/CARDINAL , DATE , § § CARDINAL ) .", "In that case ORG found no breach of LAW as the ordinary court involved , both in the context of a preliminary examination of the indictment and in reaction to the accused person ’s request for release , decided that the reasons for the latter ’s detention persisted . That decision had the same effect as a decision to extend the accused person ’s detention .", "In the above case , which concerned CARDINAL of the present applicant ’s co - accused , the detention in the context of pre - trial proceedings had been extended until DATE . Prior to its expiry , on DATE , the accused was indicted . In its judgment ORG found that ORG had breached the plaintiff ’s right under LAW , in that there had been no judicial decision extending his detention after DATE and there existed no justification for that situation . It was irrelevant that courts at CARDINAL levels had dismissed the accused person ’s application for release as those decisions related to detention in the context of pre - trial proceedings , that is prior to the filing of an indictment . In those circumstances , any relevant decision on further detention of the accused could have been taken only by the criminal court before which the accused had been indicted .", "With reference to its judgment ORG CARDINAL/CARDINAL of DATE ORG held that for a detention to be lawful , it must always rely on a court decision .", "In the above CARDINAL judgments given in the case of a different co - accused of the applicant , ORG found a breach of LAW , in that there had been no judicial decision extending the accused person ’s detention after the filing of the indictment . In the latter judgment it held , in particular :", "“ In ORG view , the jurisdiction of the court involved at the pre - trial stage ended with the filing of the indictment on DATE . The indictment as such is not a ground for continued detention of a person as it does not explicitly follow from the law , and it is inadmissible to extend the possibilities of restricting a person ’s liberty by extensive interpretation of several provisions of LAW .", "However , a court ’s decision on detention of a person at the pre - trial stage can constitute a ground for that person ’s detention during a short period following the indictment . Otherwise it would be practically impossible to ensure continued detention of a person after an indictment has been filed . In the circumstances , a ground for the plaintiff ’s detention existed until DATE . The detention should have been extended by a decision not later than on DATE if it was to last after that date . In the absence of any such decision , the restriction of the plaintiff ’s liberty after DATE was unlawful .", "The unlawfulness of the plaintiff ’s deprivation of liberty after DATE can not be justified retrospectively , not even by a judicial decision . Subsequent judicial decisions could not have extended the plaintiff ’s detention , as it had ended on DATE . The only existing possibility was to remand the plaintiff in custody again . As this had not happened , his subsequent deprivation of liberty had no legal ground . ”", "In judgment PERSON CARDINAL/CARDINAL the Constitutional Court confirmed that the filing of an indictment alone does not suffice for continued detention of the accused to be lawful . It is required that the court dealing with the criminal case following the indictment should take a decision on the accused person ’s detention prior to the expiry of the period for which the latter had been remanded in the context of pre - trial proceedings . ORG found a breach of the accused person ’s right under LAW and ordered his immediate release .", "The new Code of Criminal Procedure ( Law no . PERSON . ) entered into force on DATE .", "Article CARDINAL § CARDINAL provides , inter alia , that a court is obliged to decide on further detention of an accused within DATE of his or her indictment ( or submission for its approval of an agreement between the prosecution and the accused on guilt and punishment ) unless it has already decided on detention of the accused under provisions which govern the examination of indictments .", "The explanatory report to the draft Code of Criminal Procedure of DATE indicates that the above provision accentuates the judicial control of a person ’s detention following his or her indictment and that the amendment is also in reaction to ORG judgment ORG CARDINAL/CARDINAL of DATE ." ]

[ "5" ]

[ "5-1" ]

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[ "The applicant was born in DATE and lives in PERSON .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "The applicant worked as a journalist for the national public audio - visual institution , ORG company ( T. ) . According to the applicant , on DATE a spontaneous strike began amongst ORG ’s staff in response to alleged censorship and disrespect for democratic principles enforced within ORG by ORG . The applicant was among a group of staff who occupied a room and refused to vacate it until their demands were met . According to the Government , this was an unauthorised demonstration .", "On DATE the applicant , who was present in court , was found guilty of breaching Article CARDINAL § CARDINAL of the Code of Administrative Offences by actively participating in an unauthorised demonstration . She was fined CARDINAL NORP lei ( MDL ) ( QUANTITY ( ORG ) at the time ) .", "The applicant appealed , claiming that there was no evidence of her active participation in the meeting and that the meeting had been an unplanned strike which should be examined under the relevant labour legislation .", "On DATE the applicant was dismissed from her position . She remains unemployed , having formally registered as such on DATE .", "On DATE the ORG examined her case in her absence and rejected her appeal in cassation . The court noted that the applicant had been summoned . According to the applicant , she had not been summoned and found out about the decision of ORG only on DATE when she inquired about her case at the court ’s registry .", "NORP The applicant paid her fine on DATE .", "The relevant domestic law has been set out in PERSON v GPE no . CARDINAL/CARDINAL , § § DATE , DATE .", "In the judgment of DATE in the civil case CARDINAL ORG dismissed the claim that the appellant had lodged his appeal outside the time - limit established by law ( DATE from DATE when he had been informed of the appealed judgment ) . The court found that although there was evidence that the court had sent a copy of the judgment to the appellant , there was no evidence in the case file to confirm the date of its delivery . Accordingly , the appeal was considered as having been lodged within the time - limit , despite the fact that it was lodged DATE after the court had sent the copy of the judgment to the appellant ." ]

[ "6" ]

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[ "Mr PERSON married Miss PERSON in DATE . There were CARDINAL children of this marriage , born on DATE and CARDINAL DATE .", "On a petition by the applicant ’s wife , the GPE tribunal de grande instance granted a divorce on DATE on the grounds of fault by her husband , awarded her custody of the children and allowed PERSON the right to have them visit him or stay with him .", "On DATE ORG varied that decision . It pronounced divorce on the grounds of fault by both spouses and upheld the other provisions after studying a social inquiry report on the children ’s living conditions with their mother .", "The applicant did not appeal on points of law against ORG judgment but lodged a complaint against his former wife alleging that she had committed forgery and uttering during the divorce proceedings . On DATE ORG sentenced PERSON to a fine of MONEY ( ORG ) for having produced CARDINAL false certificates supposedly from her employers .", "In DATE , when exercising his right of access to the children , the applicant had left NORP territory and taken his CARDINAL children to GPE .", "Mr Poitrimol applied to the matrimonial causes judge at the tribunal de grande instance in GPE , where the applicant ’s former wife now lived , for custody of the children . On DATE the judge awarded custody to both parents jointly and made an order that the father should return at least temporarily to GPE , within DATE at most , in order that the children should be interviewed . If , for reasons other than circumstances beyond his control , the applicant did not comply with the time - limit , the mother would continue to have sole custody .", "On DATE PERSON lodged a complaint alleging failure to return children .", "On DATE the investigating judge committed the applicant for trial at ORG .", "Mr Poitrimol did not return to GPE but sought leave to avail himself of LAW ( see paragraph CARDINAL below ) . The court gave leave and he was represented at the trial on DATE by CARDINAL counsel , who filed pleadings in which they asked for their client and his children to be examined on commission and , in the alternative , for him to be acquitted . They submitted that the defendant had acted under irresistible mental duress owing to the risk of harm to the physical health and psychological balance of his children , having regard to the behaviour of their mother and her lovers .", "In a judgment delivered after proceedings deemed to be inter partes the court sentenced him on DATE imprisonment and issued a warrant for his arrest .", "On DATE counsel for PERSON lodged an appeal and the prosecution immediately did likewise .", "Although he had been summoned to the hearing on DATE , the applicant did not appear in person . His lawyer , PERSON , said that his client wished to be tried in absentia and defended in court by his counsel ; he proceeded to make submissions similar to those he had filed at the trial . In an interlocutory judgment the ORG - en - ORG adjourned the case to CARDINAL DATE and , under the third paragraph of LAW , ordered that Mr Poitrimol should be summoned again as it considered his presence in court to be necessary .", "The applicant did not attend the new hearing , but Mr PERSON did and made supplementary submissions asking the court to uphold his pleadings of DATE and authorise him to represent his client .", "On DATE , pursuant to LAW ( see paragraph CARDINAL below ) , ORG , taking its decision after proceedings deemed to be inter partes , delivered a judgment in which it refused the latter request on the following grounds :", "\" While a defendant summoned for an offence punishable , as in the instant case , by a term of imprisonment of DATE may , by letter to the presiding judge , apply to be tried inter partes in his absence but represented by counsel , pursuant to the first and second paragraphs of LAW , it is a principle , and is apparent from the general scheme of LAW , that this is a right which does not apply where , as in Mr Poitrimol ’s case , a warrant has been issued for the defendant ’s arrest and the defendant has absconded and is accordingly not entitled to instruct counsel to represent and defend him ... ;", "That being so , the ORG will try the case on the merits without the defendant , PERSON , being able to be represented by Mr PERSON . \"", "It also ruled that the pleadings of DATE were inadmissible and upheld the impugned judgment in its entirety .", "Through a member of the ORG d’Etat and ORG the applicant appealed on points of law against ORG judgment . In substance he argued that LAW previously cited was incompatible with the Convention .", "On DATE ORG declared the appeal inadmissible on the grounds that a convicted person who had not surrendered to a warrant issued for his arrest was not entitled to instruct counsel to represent him and lodge an appeal on points of law on his behalf against his conviction .", "Mr Poitrimol submitted a petition for pardon , which was rejected by the NORP President on DATE .", "The main provisions of LAW mentioned in the case are the following :", "\" An accused on whom a summons has been served personally in the proper manner must appear unless he provides an excuse that is accepted as valid by the court before which he has been summoned . An accused shall be under the same obligation where it is established that , even though the summons was not served on him personally , he was made aware by the means provided for in Articles CARDINAL , CARDINAL and CARDINAL that he had been properly summoned .", "If these conditions are satisfied , an accused who fails to appear and has not been excused from doing so shall be tried as if he were present . \"", "ORG has held this provision to be compatible with LAW , DATE ) but sometimes quashes judgments in which no ruling has been made on whether there was a valid excuse as argued by the defendant ( PERSON , DATE ) or no finding made as to whether the defendant had been made personally aware of the date of the hearing ( ORG , DATE ) .", "\" An accused summoned in connection with an offence punishable by a fine or a term of imprisonment of DATE may , by letter to the presiding judge which shall be placed in the file on the proceedings , apply to be tried in absentia .", "In that case his counsel shall be heard .", "However , if the court considers it necessary for the accused to appear in person , he shall be summoned again , at the instance of the prosecution , to a hearing on a date which shall be fixed by the court .", "An accused who fails to comply with this summons shall be tried as if he were present .", "He shall likewise be tried as if he were present in the eventuality provided for in the first paragraph of this Article . \"", "According to the case - law of ORG , where an accused who fails to appear and has not been excused from doing so is tried as if he were present , his counsel can neither be heard nor file pleadings ( ORG , DATE , ORG . ) no . CARDINAL ; CARDINAL DATE , ORG . no . CARDINAL ) .", "It is not possible to apply to a court to set aside a judgment it has given in the accused ’s absence and rehear the case ( opposition ) ( see Articles CARDINAL and CARDINAL below ) where the judgment was given after proceedings deemed to have been inter partes .", "\" An accused who appears may instruct counsel to assist him .", "If he has not done so before the hearing and nevertheless asks to be assisted , the presiding judge shall assign counsel officially .", "Counsel may be chosen or appointed only from among the members of a Bar ...", "The assistance of counsel is compulsory where an accused suffers from an infirmity of a kind likely to jeopardise his defence . \"", "\" A judgment in absentia shall be null and void in all its provisions if the accused applies to the court which gave it to set it aside and rehear the case .", "... \"", "\" The rules laid down in respect of the Criminal Court shall apply in ORG ... \"", "\" Notice of an appeal on points of law must be given to the registrar of the court which has delivered the decision being challenged .", "It must be signed by the registrar and by the applicant himself or by an attorney ( avoué ) of the court that has given judgment or by a specially authorised agent : in the last - mentioned case , the authority to act shall be annexed to the document drawn up by the registrar ...", "... \"", "\" If a person sentenced to a term of imprisonment of DATE has not surrendered to custody and has not obtained from the court which convicted him exemption , on or without payment of a surety , from the obligation to surrender to custody , his right to appeal on points of law shall be forfeit .", "The memorandum of imprisonment or the judgment granting exemption shall be produced before ORG not later than the time when the case is called for hearing .", "For his appeal to be admissible , it is sufficient for the applicant to establish that he has surrendered to custody at a prison , either in the place where ORG sits or in the place where sentence was passed ; the chief warder of that prison shall take him into custody there on the order of ORG at ORG or of the head of the public prosecutor ’s office at the court of trial or appeal . \"", "ORG has already decided on several occasions that it follows from the general principles underlying LAW that a convicted person who has not surrendered to a judicial warrant for his arrest and has evaded execution of it is not entitled to appeal on points of law against the decision whereby he was convicted ( ORG , CARDINAL DATE and DATE , Juris- Classeur périodique DATE , ORG , DATE ; DATE , ORG . no . CARDINAL ; DATE , PERSON - Sirey DATE , p. CARDINAL ) . It has pointed out , however , that the situation may be different where a convicted person can show that circumstances made it impossible for him to surrender to custody in good time ( ORG , CARDINAL DATE , ORG . no . CARDINAL ) ." ]

[ "6" ]

[ "6-1", "6-3" ]

[ "6-3-c" ]

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[ "NORP The present applicants are both nationals of GPE . The first applicant , PERSON , was born in DATE and lives in FAC . Her son , the second applicant , PERSON , was born in DATE and also lives in FAC . They are represented before the ORG by PERSON , lawyers practising in GPE . ORG ( “ the Government ” ) were represented by their Agent , PERSON of ORG .", "NORP The facts of the case , as submitted by the parties , may be summarised as follows .", "The first applicant entered GPE on DATE on a DATE visitor ’s visa valid until DATE .", "On DATE , she claimed asylum on the basis of her NORP ethnicity , NORP Christianity , and the threats to and attacks upon her family by the mafia because of her NORP son - in - law who , it was assumed , must be sending money to the family in GPE . In particular , she claimed that , while in GPE , CARDINAL men had held a knife to her ribs demanding money in DATE and that her family home had been subjected to an attempted arson attack in DATE .", "On DATE , her application was refused by the Secretary of ORG who considered her claim to be incredible because , inter alia , there were discrepancies in her account of when she had started to receive demands of money from the mafia ; she had failed to claim asylum on previous visits to GPE in DATE , and DATE ; there were inconsistencies in the date that she claimed to have been attacked with a knife ; it was implausible that the mafia would have known when her NORP family had sent her money in GPE ; and her son - in - law would not have returned to GPE after DATE if his life was genuinely in danger there . In addition , the Secretary of ORG considered that she had failed to demonstrate that there would be insufficient protection from the NORP authorities from the mafia or that she would be unable to relocate internally within GPE . Finally , the problems and discrimination that she claimed to have suffered due to her ethnicity and religion were not considered to amount to persecution .", "Her appeal against this refusal was dismissed by the then ORG ( “ the ORG ” ) on DATE . The Adjudicator upheld the majority of the Secretary of ORG ’s findings and also found that the first applicant ’s credibility was undermined by her delay in claiming asylum until DATE . Furthermore , the Adjudicator found nothing in the objective evidence to suggest that the first applicant would be at risk in GPE by virtue of her status as a returning failed asylum seeker .", "On DATE , the then ORG ( “ the ORG ” ) dismissed an application for reconsideration of that determination .", "On DATE , ORG granted an application for reconsideration of that determination for unknown reasons .", "In a decision promulgated on DATE , the ORG dismissed her appeal upon reconsideration , finding that the ORG ’s decision had to stand as her representatives had conceded that it did not disclose any arguable error of law .", "The second applicant also entered GPE on DATE on a DATE visitor ’s visa valid until DATE .", "He also made an application for asylum on DATE , on the basis of his NORP ethnicity , NORP Christianity , the multiple attacks upon him by the mafia because of his NORP brother - in - law ( which had led to the second applicant ’s hospitalisation for DATE ) , and an attempted arson attack upon the family home in DATE .", "NORP On DATE , his application was also refused by the Secretary of ORG who considered his claim to be incredible because , inter alia , he had not been physically attacked until DATE after his brother - in - law had left GPE ; there were discrepancies in his account of when he had been attacked ; it was implausible that the mafia would have been aware of when his brother - in - law had sent the family money ; and he had failed to claim asylum on previous visits to GPE in DATE . The Secretary of ORG also considered that the second applicant had not established that the police had failed to assist him or that he would be unable to relocate within GPE . It was noted that the second applicant claimed not to practise his religion and therefore it was not accepted that he would be at risk of persecution on that account . The problems that he claimed to have suffered due to his ethnicity and religion were not considered to amount to persecution .", "His appeal against this refusal was dismissed by the ORG on DATE . The Adjudicator upheld the findings of the Secretary of ORG and found that the second applicant ’s account of past events was not credible . Furthermore , the Adjudicator did not accept that NORP or ethnic NORP were persecuted in GPE . Whilst the Adjudicator was satisfied that the second applicant had an existing private and family life in GPE , it was found to be proportionate to remove him to GPE in the lawful and legitimate interests of immigration control .", "On DATE , the second applicant was granted permission to appeal to the then ORG ( “ the ORG ” ) . On DATE , further to reforms of the ORG ( see paragraphs CARDINAL–CARDINAL below ) , the appeal was dismissed by the ORG . It found that the second applicant had not submitted any objective evidence with regards to the situation of ethnic NORP or NORP in GPE and therefore could not make out his contention that the Adjudicator had failed to take into account any such evidence .", "On DATE , the second applicant submitted further representations in relation to the increased risk upon return of ethnic NORP to GPE , which were rejected by the Secretary of ORG on CARDINAL DATE as not amounting to a fresh claim . It was accepted that NORP may face discrimination in GPE , but not that such treatment would amount to persecution . It was considered that the documents that the second applicant had submitted were generic and did not specifically relate to his own experience .", "On DATE and DATE , further representations were submitted to ORG on both the first and second applicants’ behalf , which were rejected on DATE as not amounting to a fresh claim . Given the previous findings upon appeal , ORG did not accept that there was any objective evidence to suggest that they would be at real risk on account of their ethnicity or religion on return to GPE . It was accepted that discrimination against ethnic NORP might be perpetrated by random individuals , but considered that the applicants could seek protection from the authorities or move to another part of the country to avoid the same . It was also considered that the applicants could decide to join their extended family that had already moved to GPE from GPE . In relation to their claims under LAW , it was accepted that the first applicant had both family life with her NORP daughter , son - in - law and grandson and private life in GPE after having integrated into the community over DATE . Similarly , it was accepted that the second applicant had both family life with his NORP sister , brother - in - law , and nephew and private life in GPE . Nevertheless , it was not considered that their removal would be disproportionate under LAW as they had remained in GPE unlawfully and would be removed together .", "On DATE , the applicants submitted further representations through their legal representatives , in which they relied upon compassionate and discretionary grounds which focussed on their family life in GPE . Those representations also clarified that they were not pursuing their asylum claims and stated :", "“ ... it is not contended that there is any continuing asylum , or ORG claim . Although anti - NORP and Government harassment are running at high levels in GPE , there is insufficient evidence to counter the judicial ( and [ ORG ] ) conclusion , in each of these cases , that those threats do not amount to ‘ ORG or any risk of ‘ serious harm’ upon return . For both mother and son , their claims are compassionate , derived from their family situation in FAC . ”", "On DATE , those representations were rejected by ORG as not amounting to a fresh human rights claim as it was considered that the ORG claim to have established family life in GPE had already been fully considered both on appeal and in responses to earlier representations . It was not accepted that the relationship between the first applicant and her adult daughter , or the second applicant and his adult sister constituted family life for the purposes of LAW as they had not submitted any evidence of dependency . Furthermore , it was considered that the applicants could maintain contact with family members in GPE by the usual methods of communication from overseas . It was considered that the applicants’ removal was necessary and proportionate to the wider interests of maintaining an effective immigration control .", "On DATE , the applicants submitted further representations which they claimed raised new and serious concerns about the likelihood of torture of failed asylum seekers forcibly returned to GPE . Those representations were supported by a letter dated DATE from Mr PERSON , the former NORP Ambassador to GPE from DATE to DATE , which set out concerns about the fate of anybody deported to GPE whose exit visa had expired . Mr PERSON stated that :", "“ The notoriously cruel NORP security service – the SNB – have a permanent presence behind the immigration officers at GPE airport and at all points of entry . They would pick up anybody with an expired exit visa and subject them to ferocious questioning .", "In DATE , ORG on torture , Prof PERSON , published a report that said that torture in GPE was a ‘ routine investigative technique’ . I can absolutely confirm that from experience of CARDINAL of cases . Any hint that [ the applicants ] had claimed political asylum in the GPE DATE and ORG are a massive , very efficient and well - equipped intelligence service – and [ the applicants ] will almost to a certainty be subjected to treatment that well exceed the bar for torture . ”", "DATE , ORG refused those representations concluding that they did not amount to a fresh claim . It was noted that PERSON had been reprimanded by ORG on several occasions in DATE and DATE , and subsequently dismissed from his post in DATE at which point he had been charged with gross misconduct and an investigation had been commenced . Given Mr PERSON ’s outspoken public views on the human rights situation in GPE , it was not considered that he could be accepted as an independent source of evidence which would add weight to their claims .", "Simultaneously , the applicants lodged applications with the ORG and requested interim measures under LAW to stop their removal to GPE DATE .", "On DATE , the Acting President of the Section to which the application was allocated decided to apply Rule CARDINAL of ORG and indicate to the Government of GPE that the applicants should not be expelled until further notice .", "Section CARDINAL(CARDINAL ) of the Nationality , Immigration and Asylum Act DATE ( “ the NIA Act CARDINAL ” ) , provides a right of appeal against an immigration decision made by the Secretary of ORG for ORG .", "Until DATE , appeals in asylum , immigration and nationality matters were heard by the ORG . LAW CARDINAL provided that , with the permission of the ORG , a party to an appeal could apply to the ORG against an ORG determination on a point of law . LAW CARDINAL provided that where the ORG had determined an appeal under LAW , a party to the appeal could bring a further appeal on a point of law to ORG . It also provided that , in the event that ORG upheld any error of law in the determination , it had the power to make any decision which the ORG could have made or to remit the case to the ORG .", "From DATE , the then ORG replaced the former system of ORG and the ORG . This in turn has been replaced by ORG .", "Section CARDINAL of LAW DATE provides that , in determining any question that arises in connection with a Convention right , courts and tribunals must take into account any case - law from this ORG so far as , in the opinion of the court or tribunal , it is relevant to the proceedings in which that question has arisen . Section CARDINAL ) provides that it is unlawful for a public authority to act in a way which is incompatible with a Convention right .", "Section CARDINAL(CARDINAL ) and CARDINAL ) of the Immigration Act DATE provide for the making of Immigration Rules by the Secretary of ORG . Paragraph CARDINAL of ORG provides as follows :", "“ When a human rights or asylum claim has been refused or withdrawn or treated as withdrawn under paragraph CARDINAL of these Rules and any appeal relating to that claim is no longer pending , the decision maker will consider any further submissions and , if rejected , will then determine whether they amount to a fresh claim . The submissions will amount to a fresh claim if they are significantly different from the material that has previously been considered . The submissions will only be significantly different if the content :", "( i ) had not already been considered ; and", "( ii ) taken together with the previously considered material , created a realistic prospect of success , notwithstanding its rejection . ”", "As regards the scrutiny of fresh asylum claims and the power of the courts to review such scrutiny , ORG in PERSON ( ORG ) v. Secretary of ORG for ORG [ DATE ] EWCA Civ CARDINAL ( paragraphs CARDINAL ) has held :", "“ Accordingly , a court when reviewing a decision of the Secretary of ORG as to whether a fresh claim exists must address the following matters . First , has the Secretary of ORG asked himself the correct question ? The question is not whether the Secretary of ORG himself thinks that the new claim is a good one or should succeed , but whether there is a realistic prospect of an adjudicator , applying the rule of anxious scrutiny , thinking that the applicant will be exposed to a real risk of persecution on return ... The Secretary of ORG of course can , and no doubt logically should , treat his own view of the merits as a starting - point for that enquiry ; but it is only a starting point in the consideration of a question that is distinctly different from the exercise of the Secretary of ORG making up his own mind . Second , in addressing that question , both in respect of the evaluation of the facts and in respect of the legal conclusions to be drawn from those facts , has the Secretary of ORG satisfied the requirement of anxious scrutiny ? If the court can not be satisfied that the answer to both of those questions is in the affirmative it will have to grant an application for review of the Secretary of ORG ’s decision . ”", "Thus , an applicant making fresh representations must establish that they have a realistic prospect of success to establish a “ fresh claim ” which , even if then refused by ORG , will nonetheless generate a fresh right of appeal to be considered on the merits .", "Country guidance determinations of both the former ORG and ORG are to be treated as an authoritative finding on the country guidance issue identified in the determination , based upon the evidence before the members of the ORG that determined the appeal . Unless expressly superseded or replaced by a later country guidance determination , country guidance determinations are authoritative in any subsequent appeals so far as that appeal relates to the country guidance issue in question and depends upon the same or similar evidence .", "In the country guidance determination of ORG ( Returning citizens – minorities – religion ) GPE CG [ DATE ] UKAIT CARDINAL , the ORG considered a large amount of objective evidence in relation to the general human rights situation in GPE and heard evidence from Mr PERSON ( see paragraph CARDINAL above ) .", "In relation to Mr PERSON ’s evidence , the ORG commented as follows :", "“ We have some concern about Mr PERSON ’s evidence . He is in an unusual position and it has given us cause to reflect on the weight which we should give to his opinion . We say that for this reason . Mr PERSON has produced a short statement which is entirely unsourced . He has given evidence during the course of which he gave an indication in general terms as to some of the sources which he relies upon . In CARDINAL aspect , the return of the NORP failed asylum seekers , there was express source , namely the NORP Ambassador . Having said that his report was unsourced , we acknowledge that he is not an expert of an academic nature who relies upon the reports of others for their information . Rather , he had been GPE Ambassador in GPE for DATE or so and is therefore a person who has had an exceptional opportunity to observe and obtain information . We also acknowledge that , ORG having ejected much of the foreign press , and many NGOs , there is limited opportunity for obtaining information about what is going on there .", "...", "We are left with the impression that although Mr PERSON is in a unique position to assist us about GPE , he also has interests of his own which may effect , consciously or otherwise , the interpretation which he puts on facts and events . We have therefore decided that although the factual incidents of which he speaks are likely to be reliable , we should treat with some circumspection his interpretation of them . That is not to say that we reject his interpretation out of hand . We are fortunate in this case that there is also a great deal of background evidence from other sources . ”", "In light of the above and other considerations , the ORG then held as follows :", "“ We are not satisfied that it is not possible to obtain a passport renewal outside GPE . We say that because the appellant ’s husband has recently returned there and he will in all probability have had to obtain some form of travel document . He arrived with the appellant in DATE . We have not been told of any difficulty on his part .", "...", "The fact that he has returned undermines Mr PERSON ’s assertion that it is not possible to get documentation . We accept he may not have been issued with an actual passport but that does not matter . It is the fact he was in possession of an official document that enabled him to return , apparently without difficulty , which is important . His return also detracts very considerably from Mr PERSON ’s evidence , and the appellant ’s mother - in - law ’s assertion , that there is severe punishment for those who do return , having stayed away beyond the end of their exit visa . The appellant is still in communication with her mother - in - law and we have no doubt that if her former husband had been charged , or even imprisoned , as a result of returning after a long absence , she would have heard about it and we would have been told . We find there is no satisfactory evidence that it is not possible to obtain a travel document ( whether it be a renewed passport or some other form of documentation ) . Nor is there any satisfactory evidence to show that a returnee is likely to be punished for having been out of the country longer than permitted . ”", "The ORG further held that there was no satisfactory evidence that non - NORP faced discrimination of such a nature as to amount to persecution , or serious harm , or a breach of their LAW . Furthermore , it held that , whilst followers of all religions , save for NORP who attend registered mosques , were subject to a degree of harassment , it did not in general amount to persecution , serious harm or a breach of a worshippers’ human rights . Finally , it held that ministers of religion , those who practise religion in unregistered LOC , particularly active members of evangelical NORP congregations , and proselytising or fundamentalist denominations of any religion could be at risk depending on the facts in every case .", "In his report of CARDINAL DATE , the Special Rapporteur concluded that torture or ill - treatment was “ systematic ” in GPE . He also stated that “ the pervasive and persistent nature of torture ” throughout the criminal investigative process in GPE could not be denied . GPE has not extended a further invitation to the Special Rapporteur on Torture to visit the country , despite repeated requests .", "In its Concluding Observations upon GPE of DATE , ORG set out its concerns about , inter alia , “ numerous , ongoing and consistent ” allegations concerning the routine use of torture and other cruel , inhuman or degrading treatment or punishment committed by law enforcement and investigative officials or with their instigation or consent , often to extract confessions or information to be used in criminal proceedings .", "Furthermore , after setting out information about the numerous allegations of excessive use of force and ill - treatment by NORP military and security forces during the DATE events at Andijan ( when CARDINAL protesters were killed by the NORP authorities ) , ORG reported that it had received credible reports that some persons who had sought refuge abroad and had been returned to the country had been kept in detention in unknown places and possibly subjected to breaches of the Convention .", "In its Concluding Observations upon GPE of DATE , ORG set out various concerns , including , inter alia :", "“ the continued reported occurrence of torture and ill - treatment , the limited number of convictions of those responsible , and the low sanctions generally imposed , including simple disciplinary measures , as well as indications that individuals responsible for such acts were amnestied and , in general , the inadequate or insufficient nature of investigations on torture / ill - treatment allegations . ”", "The ORG also concluded that it remained “ concerned about the need for individuals to receive an exit visa in order to be able to travel abroad ” .", "Reports of non - governmental organisations", "NORP In its submissions to ORG dated DATE and DATE , ORG remained seriously concerned about persistent allegations of widespread torture and other ill - treatment of detainees and prisoners by law enforcement personnel and prison guards , reports of which stemmed from all layers of civil society . Allegations had also been made that individuals returned to GPE from other countries pursuant to extradition requests were held in incommunicado detention , thereby increasing their risk of being tortured or otherwise ill - treated . The submission also set out that illegal exit abroad or illegal entry into GPE , including overstaying the permission to travel abroad or failure to renew it , are punishable under LAW with imprisonment from DATE or in aggravated circumstances by up to CARDINAL years’ imprisonment . Returned asylum seekers were considered to be particularly vulnerable to being charged under LAW , as many would not have renewed their permission to travel abroad .", "In its submissions to ORG of DATE and DATE , ORG set out its concerns about the “ atrocious ” human rights record of GPE . It noted that the Government of GPE continued to refuse access to the country to CARDINAL ORG special procedures ( the human rights mechanisms established by ORG to address either specific country situations or thematic issues ) despite their repeated requests for invitations to visit GPE . It also reported that torture and ill - treatment remained endemic to the criminal justice system in GPE , and stated that another distinct concern relating to torture and ill - treatment is that of NORP refugees and asylum seekers forcibly returned by neighbouring countries , despite the risk of torture and ill - treatment that they face upon return ." ]

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[ "The first applicant , PERSON , is an NORP national who was born in DATE . The second applicant , Mr PERSON , is an NORP national who was born in DATE . They are both currently in GPE . They are represented by PERSON from Virserum .", "CARDINAL", "The first applicant applied for asylum and a residence permit in GPE on DATE . Before ORG ( Migrationsverket ) she stated the following . She had lived in an orphanage until she was CARDINAL , after which a couple had taken care of her . Her stepmother had passed away when she was DATE . Her stepfather had been very cruel and harsh ; he had beaten and battered her . Furthermore , he had begun to abuse her sexually when she was DATE . A NORP man used to visit them when she was DATE . She had had the impression that he wanted to marry her . Subsequently , she and her stepfather had travelled with the NORP man to GPE . TIME after their arrival there her stepfather had disappeared . Following this , the NORP man had abused her sexually and had left her at a hotel where she had been forced into prostitution . This had continued for DATE until she had been able to flee to GPE . She had no male relatives who could protect her in GPE . She did not want to have any contact with her stepfather .", "On DATE ORG rejected the request . It first stated that , although the first applicant had not submitted any documents to substantiate her identity or asylum story , she had made it credible that she was an NORP national . ORG then observed that , according to country information , it had become easier for women in GPE to participate in society and to work over DATE . Moreover , the ORG found it possible for the first applicant to reside in GPE without having any contact with her stepfather . Furthermore , the ORG noted that she had not sought protection from the domestic authorities in GPE as regards the violence and abuse by her stepfather . She had not substantiated that the domestic authorities would not be able or willing to protect her upon return . In conclusion , the ORG found that the first applicant had not shown that she was in need of protection in GPE .", "The first applicant appealed to ORG ( Migrationsdomstolen ) , maintaining her claims and adding the following . She feared that , if returned to GPE , she would again be a victim of trafficking and be forced into prostitution . Those who had forced her into prostitution were still looking for her . Due to the fact that she had no contacts in GPE , no education and no assets , it would be impossible for her to manage on her own there .", "On CARDINAL DATE ORG rejected the appeal . It first observed that , according to country information , trafficking and prostitution were big problems in GPE . However , the court considered that the general situation for young women in the country was not a ground for protection per se . Moreover , the court noted that the stepfather had abused the first applicant when she was a child and that it had not emerged that she had been forced into prostitution in GPE . Underlining that she was now an adult woman , the court found that there was nothing to suggest that she would risk abuse by her stepfather upon return . As regards her claim that those who had forced her into prostitution in GPE were still looking for her , the court noted that this had been stated for the first time in the appeal to the court and that she had not presented any concrete information or explanation as to how she had found out about this .", "It appears that the first applicant did not appeal to ORG ( Migrationsöverdomstolen ) .", "The second applicant applied for asylum and a residence permit in GPE on DATE . Before ORG he stated the following . He was NORP and came from the province of LOC , GPE . His family had recently moved to GPE . The ORG had visited his family ’s house in GPE and had told him and his father to cooperate or be killed . They had replied that they would think about it . Subsequently , the ORG had come looking for him on CARDINAL occasions . Because of this , his father had wanted him to flee and , in DATE , he had travelled to GPE . In DATE his father had been killed . The second applicant thought that this was an act by the ORG , since his father did not have any other enemies . He could not return to GPE because there were ORG everywhere in the country . Furthermore , it would be difficult for him to find an occupation in another part of the country .", "On DATE ORG rejected the request . It first noted that the second applicant had submitted a tazkira but considered that it did not make his identity credible . However , ORG found it credible that he came from the province of Ghazni . Turning to his individual claims , ORG considered that the asylum story was brief and that it concerned alleged events which had occurred in the relatively distant past . ORG found it unlikely that those who had wanted to recruit him DATE would still be interested in him upon return . As regards the general situation in ORG noted that , according to country information , there was an internal armed conflict in the province . In the light of this , the ORG found it unreasonable for him to return there . However , it considered that it was possible and reasonable for him to return to GPE , finding , inter alia , that the security situation was better there and that the second applicant was a young , healthy man capable of working .", "The second applicant appealed to ORG , maintaining his claims and adding that the ORG who had killed his father would find him even if he moved to GPE . The second applicant submitted , inter alia , a document which was allegedly a warrant for his arrest , issued by the ORG .", "On CARDINAL DATE ORG rejected the appeal . The court found that the second applicant ’s story did not raise any questions as to his home province and thus decided to examine the appeal on the basis , in the first place , of a return to Ghazni . Turning to the general situation in the province , the court agreed with ORG that there was an internal armed conflict and that the second applicant therefore could not return to Ghazni . However , it considered that , although the security situation in GPE was volatile , the second applicant was a healthy young man who should be able to settle there despite the generally serious situation . As to the second applicant ’s asylum story , the court considered that it related to events in GPE which had occurred in the relatively distant past . In the court ’s view , the fact that there were ORG in GPE did not automatically entail a personal threat against the applicant there . Furthermore , the court had doubts about the alleged arrest warrant submitted , noting that the document contained stamps in LANGUAGE , which the court found difficult to associate with official ORG documents . As there were no other grounds to grant the second applicant leave to remain in GPE , it rejected the appeal .", "On DATE ORG refused leave to appeal .", "NORP In DATE the applicants requested ORG to reconsider its previous decisions due to new circumstances . They stated that they had met and established a relationship and that the first applicant was pregnant . It was imperative , for the sake of their child , that they be allowed to stay in GPE . The first applicant would not be able to go to GPE because of the security situation there . Moreover , she had no network in GPE to support her or her child . The second applicant suffered from depression and claimed that if he were separated from his partner and their future child , there was a risk that his health would deteriorate seriously . Furthermore , he alleged that he had converted to NORP in GPE and that it would be very dangerous for him to return to GPE . He could not go to GPE for several reasons : he would not be able to find work there and the state did not accept or provide any assistance to refugees . The applicants submitted , inter alia , the second applicant ’s baptism certificate dated DATE , which stated that he had confessed faith in the PERSON and its teachings .", "On DATE ORG found that no such new circumstances had been presented which could justify granting residence permits to the applicants . It first noted that the applicants had been in GPE for a relatively short period of time and considered that they did not have a strong connection to GPE . ORG also noted that the applicants had not submitted any medical certificates substantiating that the second applicant had a serious health condition . Furthermore , the ORG observed that the applicants’ family situation had emerged after the decisions to send them back to their native countries , when they had both been well aware that the future of their family life in GPE was highly uncertain . In its view , the difficulties of maintaining family life under such circumstances did not constitute a reason to grant them residence permits . As regards the second applicant ’s conversion , the ORG considered that the fact that he had converted after the ORG ’s decision to return him to GPE suggested that his conversion was not authentic and genuine . The baptism certificate submitted did not change the ORG ’s view in this regard . ORG further noted that the second applicant had submitted no information about why he had converted or regarding other circumstances concerning the conversion .", "The applicants appealed to ORG , maintaining their claims and adding the following . The second applicant had now been a practising NORP for DATE and he had been baptised DATE . His faith was genuine . ORG had not properly investigated his conversion and the case should therefore be remitted to ORG . If returned to GPE , he would risk serious punishment . The applicants had been living together since DATE and were expecting their first child in DATE . In the light of this , they should be granted residence permits in GPE since there was no other country in which they could live together .", "On DATE ORG rejected the appeal as concerned the second applicant ’s conversion and dismissed the remainder of the appeal as ORG decision in that part was final . As concerned the conversion , the court found that the second applicant ’s story was general in nature and that it did not describe the considerations and thoughts which had led to his conversion .", "The applicants appealed to ORG which , on DATE , refused leave to appeal .", "Subsequently , the applicants submitted a copy of a medical record concerning both of them . ORG considered this as a request for reconsideration of their case .", "On DATE ORG once again found that no such new circumstances had been presented that could lead to the granting of residence permits . It noted that , according to the medical record , the second applicant had claimed that he was suffering from psychological problems and difficulties sleeping . However , ORG found that no medical certificate had been submitted showing any need for medical care and that these problems did not constitute grounds to stay the expulsion orders .", "On DATE the applicants lodged their application with the ORG and requested it to apply Rule CARDINAL of the Rules of the ORG in order to stop the enforcement of their expulsion . They stated the following . The second applicant risked being punished or killed due to the fact that he had converted to NORP . He had been wanted by the ORG before he fled from GPE . Furthermore , the applicants wanted to live together as a family and the second applicant wanted to raise his future son as a NORP . A removal to their native countries would mean the end of their lives .", "NORP In support of their claims the applicants submitted , inter alia , the following :", "A copy of a certificate regarding the second applicant , dated DATE , in which a pastor stated that the second applicant was a member of his congregation .", "A copy of a medical certificate dated DATE , in which a chief physician at a psychiatric clinic stated that the applicants were being treated at the clinic . As regards the first applicant , she was suffering from a severe form of ORG ( PTSD ) called ORG ( disorder of extreme stress , not otherwise specified ) . Everyday situations reminded her of traumatic experiences in the past . She was anxiety - ridden but not deeply depressed . As regards the second applicant , he was anxious about their difficult situation .", "An undated copy of a letter , allegedly written by the second applicant , in which he described NORP as a religion of peace and love and ORG as a religion of the opposite .", "On DATE the Acting President of the Section decided to grant priority to the above application and to ask ORG for factual information regarding , inter alia , the possibility to send the second applicant to GPE and the presence of organisations in GPE which provide shelters for women seeking protection .", "In their response , dated DATE , the Government submitted that , according to LAW , section CARDINAL , paragraph CARDINAL , of LAW ( Utlänningslagen , GPE ) , an alien who is to be refused entry or expelled may always be sent to a country where the alien shows that he or she can be received . This rule is complementary to the provisions that otherwise apply and can only serve as a basis for expulsion to a country to which the alien wants to go ( travaux préparatoires , CARDINAL , GPE ) . In the light of this , the Government considered that it was possible to send the second applicant to GPE together with the first applicant , if he agreed to this and showed that he could be received there . Moreover , if he was to leave GPE voluntarily , as he was supposed to , he could travel to any country of his choosing .", "As regards the formalities and requirements which must be observed and complied with in order to send the second applicant to GPE , the Government stated the following . ORG had clarified that in order for the migration authorities to send an alien to a country other than specified in the expulsion order , the alien was normally required to have a residence permit for the country to which he or she wished to travel . Moreover , it should not be substantially more expensive or result in delay to expel the alien to another country than the CARDINAL specified in the decision . The Government had consulted the relevant and accessible NORP legislation and drawn the conclusion that it was possible for a relative or a spouse of an NORP citizen to be granted a residence permit in GPE . GPE had an embassy in GPE where the applicants should be able to obtain further information and submit an application . It should also be possible for the second applicant to acquire an NORP visa . It appeared that he could then travel to GPE and apply for a residence permit there . This could be an option , as long as the applicants made the travel arrangements themselves .", "Furthermore , the Government noted that in order to apply for an NORP visa or residence permit , the second applicant had to have a passport . If the second applicant did not have a passport , he should be able to acquire CARDINAL at an NORP embassy , for example at the embassy in GPE . According to information from the NORP migration authorities , the NORP embassy in GPE normally granted passports to applicants who had a tazkira . As regards the first applicant , she should be able to apply for a passport or other identity documents at the NORP embassy in GPE .", "As regards the presence of various organisations in GPE , and in GPE in particular , which provide shelters for women seeking protection , the Government had consulted a number of reports relating to the situation for women in GPE . The reports mentioned , inter alia , a few government - operated centres for victims of trafficking and QUANTITY shelters for women in the LOC area that were run by non - governmental organisations .", "In their response , dated DATE , the applicants submitted that it was not a good option , from a humanitarian point of view , to send them to GPE . The first applicant had had a tragic childhood there . Furthermore , both applicants suffered from psychiatric problems and both had been hospitalised in GPE for a considerable time . Their child would be born very soon .", "NORP The applicants’ son was born on DATE .", "The basic provisions mainly applicable in the present case , concerning the right of aliens to enter and to remain in GPE , are laid down in LAW , as amended on DATE .", "Chapter CARDINAL , section CARDINAL , of LAW stipulates than an alien who is considered to be a refugee or otherwise in need of protection is , with certain exceptions , entitled to a residence permit in GPE . According to LAW , section CARDINAL , of LAW , the term “ refugee ” refers to an alien who is outside the country of his or her nationality owing to a well - founded fear of being persecuted on grounds of race , nationality , religious or political beliefs , or on grounds of gender , sexual orientation or other membership of a particular social group and who is unable or , owing to such fear , is unwilling to avail himself or herself of the protection of that country . This applies irrespective of whether the persecution is at the hands of the authorities of the country or if those authorities can not be expected to offer protection against persecution by private individuals . By “ an alien otherwise in need of protection ” is meant , inter alia , a person who has left the country of his or her nationality because of a well - founded fear of being sentenced to death or receiving corporal punishment , or of being subjected to torture or other inhuman or degrading treatment or punishment LAW , section CARDINAL , of LAW ) .", "Moreover , if a residence permit can not be granted on the above grounds , such a permit may be issued to an alien if , after an overall assessment of his or her situation , there are such particularly distressing circumstances ( synnerligen ömmande omständigheter ) to allow him or her to remain in GPE ( LAW , section CARDINAL , of LAW ) .", "As regards the enforcement of a deportation or expulsion order , account has to be taken of the risk of capital punishment or torture and other inhuman or degrading treatment or punishment . According to a special provision on impediments to enforcement , an alien must not be sent to a country where there are reasonable grounds for believing that he or she would be in danger of suffering capital or corporal punishment or of being subjected to torture or other inhuman or degrading treatment or punishment ( LAW , LAW , of LAW ) . In addition , an alien must not , in principle , be sent to a country where he or she risks persecution ( LAW , section CARDINAL , of LAW ) .", "Under certain conditions , an alien may be granted a residence permit even if a deportation or expulsion order has gained legal force . This applies , under LAW , section DATE , of LAW , where new circumstances have emerged that mean there are reasonable grounds for believing , inter alia , that enforcement would put the alien in danger of being subjected to capital or corporal punishment , torture or other inhuman or degrading treatment or punishment or there are medical or other special reasons why the order should not be enforced .", "If a residence permit can not be granted under LAW , section DATE , of LAW , ORG may instead decide to re - examine the matter . Such a re - examination shall be carried out where it may be assumed , on the basis of new circumstances invoked by the alien , that there are lasting impediments to enforcement of the nature referred to in LAW , sections CARDINAL and CARDINAL , of LAW , and these circumstances could not have been invoked previously or the alien shows that he or she has a valid excuse for not doing so . Should the applicable conditions not have been met , ORG shall decide not to grant a reexamination ( LAW , section DATE , of LAW ) .", "Under LAW , matters concerning the right of aliens to enter and remain in GPE are dealt with by CARDINAL instances : ORG , ORG and ORG ( LAW , section CARDINAL , and LAW , section CARDINAL , of LAW ) . However , no appeal lies against a decision by ORG not to grant a residence permit under LAW , section DATE , of LAW ( LAW of LAW , a contrario ) ." ]

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[ "The facts of the case , as submitted by the applicants , may be summarised as follows .", "Mr Larke ( application no . CARDINAL/CARDINAL ) , was born in DATE and lives in GPE . Having spent DATE working in GPE and paying ORG contributions , he is in receipt of a GPE retirement pension . This pension is not up - rated in line with GPE inflation ( see PERSON and Others v. GPE [ ORG ] , no . CARDINAL , DATE ) .", "PERSON ( application no . CARDINAL/CARDINAL ) , was born in DATE and lives in GPE . He has received a GPE retirement pension since DATE . It is fixed at GBP CARDINAL per week and is not up - rated in line with GPE inflation .", "PERSON wrote to the then ORG in DATE , asking them to index - link his DATE Retirement Pension in line with inflation . This was refused on DATE by the Secretary of ORG , on the grounds that before DATE , or since that date , the applicant was not ordinarily resident in GPE . His subsequent appeal was dismissed on DATE .", "In a further Appeal Tribunal hearing , the applicant 's appeal was again dismissed and the original decision of the Secretary of ORG confirmed on DATE . The decision of the ORG records that the applicant 's counsel chose expressly not to pursue any point under LAW DATE .", "On DATE , the Chairman of ORG refused permission to appeal against the ORG 's decision but recommended that the applicant apply directly to the ORG Commissioner 's office to continue with his application , if he so wished .", "On DATE the Commissioner refused permission to appeal . He noted that the Secretary of ORG would have preferred the case to have been adjourned pending the decision of ORG in GPE , but that the applicant had protested strongly against further deferment . In his decision the Commissioner noted that , since the applicant had specifically chosen not to put forward arguments based on LAW before the ORG , he was precluded from raising them in his appeal . However , the Commissioner went on to hold that , even if this were not so , the judgment of PERSON ( CARDINAL DATE ) should be followed . There appear to have been no further proceedings until the applicant bought this current application before the ORG .", "PERSON ( application no . CARDINAL/CARDINAL ) , was born in DATE and lives in GPE . He and his wife ( born in DATE ) receive a basic ORG retirement pension which is not up - rated . The applicant states that in DATE he wrote to ORG asking for the pension to be index - linked , but received no reply .", "Application no . CARDINAL/CARDINAL was lodged by CARDINAL named members of ORG ) , CARDINAL named members of ORG ( LOC ) , CARDINAL named members of ORG in GPE ( BPiA ) and CARDINAL named members of ORG ) . The applicants are former GPE residents now living in GPE , GPE and GPE . Each receives a basic ORG retirement pension ; some also receive a pension under ORG Earnings - Related Pension Scheme ( SERPS ) . The applicants ' pensions are not up - rated because the applicants are not ordinarily resident in GPE and GPE , GPE and GPE are not countries with which GPE has a bilateral agreement providing for up - rating .", "The relevant domestic law and practice are set out in Carson and Others , cited above ." ]

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[ "NORP The applicant , who was born in DATE , was detained in GPE ( GPE ) Prison on the date the application was lodged . He is currently living in GPE ) .", "On DATE he was remanded in custody .", "In a judgment of DATE , ORG sentenced him to DATE imprisonment , of which DATE were suspended , for assault occasioning actual bodily harm , rape and false imprisonment accompanied by acts of torture , committed on DATE .", "The applicant provided the ORG with copies of several court decisions , given between DATE and DATE , concerning the issue of his visiting rights in respect of his CARDINAL minor children following his divorce , made final on DATE .", "While in prison , the applicant submitted requests for conditional release , transfer to Givenich semi - open prison and temporary leave of absence ( “ prison leave ” ) . The requests for prison leave are the subject of the present case .", "The applicant stated that he had submitted a request for prison leave to the Attorney - General in DATE .", "At the request of the counselling service ’s psychologist , the applicant explained on DATE that he was requesting prison leave for DATE and had no objection to being escorted while on leave . He stated that the reason for the request was to complete certain administrative formalities , which he listed as follows :", "“ ( i ) go to a photographer or photo booth to obtain passport photos ;", "( ii ) go to ORG to renew my driving licence ( medical certificate already obtained ) ;", "( iii ) go to the embassy to renew my consular registration card ;", "( iv ) go to see Mr [ B. ] at GPE police station , investigations division , to pick up an envelope containing documents needed by a former client ;", "( v ) go to see the manager of [ B. ] bank in ORG ;", "( vi ) go to the tax office in ORG ;", "( vii ) meet a group of friends in a restaurant near ORG ;", "( viii ) go to my flat in Differdange to collect the remaining documents for the same client ;", "( ix ) take some measurements for items I might make in the [ prison ] workshop ;", "( x ) go to LOC town hall for a personal meeting with the mayor ;", "( xi ) go to the home of Ms [ S. ] in GPE to meet her husband ;", "( xii ) go to my lawyer ’s office to hand over the missing documents for my former client ;", "( xiii ) if possible , go to the bookshop near [ S. ] ’s house . ”", "In his reply , the applicant stated further :", "“ ... Unfortunately , the civil damages are still far from being paid , as I have not even had enough funds to make a down - payment . At the moment I am still busy repaying my loans and other debts to the various authorities under the arrangements entered into with the legal departments in order to avoid an unending series of seizures of my property . ... ”", "On DATE a psychologist issued a certificate stating that the applicant had begun a course of psychotherapy on DATE which had been discontinued on DATE for reasons beyond his control . She stressed that the applicant was anxious to understand what had driven him to commit the offences and to do everything possible to avoid reoffending . On DATE a second psychologist , who certified that he had had regular meetings with the applicant since DATE , agreed with the comments made in the certificate of CARDINAL DATE .", "On DATE the Attorney - General ’s representative sent a memorandum to the prison governor stating , in particular , as follows :", "“ ... please inform the prisoner PERSON", "that by decision of ORG", "[ the ] request for prison leave ... [ is ] refused in view of the risk of deportation ( an application was made to ORG on DATE , but no decision has yet been taken ) . There is also a risk that the prisoner might abscond , given that he has failed to reflect on his crime . Before being allowed any privileges he must begin to pay the civil party . ”", "On DATE the applicant reiterated his request , giving the same reasons and the same programme for the DATE ’s prison leave . On DATE his lawyer confirmed the request and added , inter alia , the following :", "“ ... granting [ the applicant ] a DATE ’s prison leave during which he could begin to put his affairs in order with a view to leading an independent life [ outside ] prison , [ would ] not only aid [ the applicant ’s ] rehabilitation and reintegration into society , but [ would ] also enable him to start paying damages to the civil party as quickly as possible . ... ”", "On DATE the Attorney - General ’s representative sent a memorandum to the prison governor containing the following passage :", "“ ... please inform the prisoner PERSON", "that by decision of ORG", "the decision of CARDINAL DATE refusing his request for prison leave ... remains valid . ”", "On DATE the applicant lodged an application with ORG ( tribunal administratif ) for judicial review of the decisions of ORG of DATE and CARDINAL March CARDINAL .", "At a hearing held on DATE , ORG raised of its own motion the question whether it had jurisdiction to examine the application for judicial review . The government , who had not raised an objection alleging lack of jurisdiction , left the matter to the discretion of the court . The applicant pleaded that the latter had jurisdiction .", "On DATE ORG declined jurisdiction to examine the application for judicial review , for the following reasons :", "“ ... A distinction must be made between administrative measures relating to the treatment of prisoners in prison ( such as a decision to place them in a more secure wing of the prison , and in particular imposing a strict confinement regime DATE see ORG ruling no . DATE ) , which are administrative decisions taken in the context of the running of the prison service , and decisions which may alter the nature or scope of a sentence imposed by the ordinary courts , which should be regarded as judicial rather than administrative decisions .", "In the instant case it should be noted that the granting or refusal of the privilege of prison leave constitutes a measure which alters the ‘ scope’ of the sentence imposed on the applicant by the ordinary court .", "Hence , the CARDINAL decisions in question are judicial in nature .", "Accordingly , having regard to their nature as identified above , the impugned decisions can not be the subject of an application to the administrative courts ... ”", "On DATE ORG ( cour administrative ) upheld that ruling in the following terms :", "“ The [ applicant ] submitted that the court had erred in declining jurisdiction to examine his application for judicial review , arguing that : no other remedy existed in respect of such refusal , with the result that section CARDINAL(CARDINAL ) of the Law of DATE on the organisation of the administrative courts should be applied ; the impugned decisions did not alter the scope of the sentence ; and the court had denied him justice in breach of Article [ CARDINAL § CARDINAL ] of the [ Convention ] by depriving him of a fair hearing .", "... The [ applicant ] ’s case concerns a request for prison leave , in other words , a decision which alters the terms of execution of the sentence imposed by the ordinary courts and which should therefore be classified as a judicial rather than an administrative decision .", "The expression ‘ the scope of the sentence ORG , used by the court , is not to be understood in the present case as the length of the sentence but as the manner of its execution in a broad sense .", "ORG was therefore correct in declining jurisdiction to examine the application .", "A finding by the administrative courts that they lack jurisdiction can not be construed as a declaration of unwillingness on their part to rule on the issue ; the allegation of a denial of justice should therefore be dismissed as unfounded .", "Article [ CARDINAL § CARDINAL ] of the [ Convention ] is not applicable in respect of a body which has no power to rule on the merits . ... ”", "On DATE the applicant submitted a third request for prison leave , stating , inter alia , as follows :", "“ ... I have successfully attended several classes run by ORG ] and would like to continue with a view to obtaining the corresponding diplomas .", "The diplomas concerned are in accounting and computer ( PC ) use . I completed the previous courses successfully , but if I am to achieve my aim it is now essential for me to be able to attend the classes of the DATE session at ORG itself . ... ”", "In a decision of DATE , the request was refused on the ground that the applicant could attend courses in prison and that he had as yet made no substantial efforts towards paying compensation to the victim . The decision also referred to the reasoning of the decision of CARDINAL DATE .", "On DATE the applicant submitted a fourth request for prison leave DATE which he produced for the first time before FAC – seeking permission to spend DATE with his children over GPE DATE .", "In a decision of DATE , the request was refused on the ground that the applicant ’s visiting rights in respect of his children had not yet been clearly established .", "In a fifth request submitted on DATE , the applicant stated , among other things , that he could not understand why , in view of the need for him to reintegrate into society , he had been refused permission to attend the final classes required in order to obtain the diplomas in accounting and computing . He added that the reason he had requested prison leave was to renew his identity papers and driving licence and find a solution regarding the repayment of his debts to the various institutions and the civil party .", "On DATE his request was refused for failure to give reasons .", "On DATE a sixth request for prison leave was refused on the ground that there was a risk that the applicant would not return to prison .", "On DATE a seventh request for prison leave was refused on the grounds that the applicant had been making no efforts , especially with regard to paying compensation to the civil party , and had been refusing to abide by the conditions imposed on him .", "Following the refusal of CARDINAL DATE , the applicant applied to the Attorney - General ’s Department on CARDINAL occasions DATE and DATE . He requested assistance in putting in place a repayment plan appropriate to his circumstances and the demands of the civil party , and sought an explanation of the conditions imposed on him with a view to his reintegration into society , so that he could comply with them . On DATE the Attorney - General ’s representative wrote to the applicant informing him that , as matters stood , he did not intend to reply to the various letters , which , in his view , did not call for any comment .", "On DATE the Attorney - General acknowledged receipt of a request from the applicant for an interview and said that he would meet him during one of his forthcoming visits to the prison . According to the applicant , the meeting never took place .", "On DATE ORG granted the applicant DATE prison leave , subject to the condition that he would be collected from the prison and brought back there by his new girlfriend , at whose home he was to spend DATE .", "DATE and DATE the applicant was granted CARDINAL periods of prison leave of DATE , to be spent with his girlfriend .", "On DATE the applicant was transferred to PERSON semiopen prison . DATE , in a separate decision , he was granted CARDINAL days’ prison leave in order to look for work and complete various administrative formalities ; it was also decided to place him under the semicustodial regime once he had found work .", "On DATE the applicant signed a vocational rehabilitation contract as a cook .", "On DATE his request for conditional release was granted .", "In CARDINAL decisions ( dated DATE and DATE and CARDINAL DATE ) , the requests made by the applicant for suspension of his sentence , due to end on DATE , were refused .", "On DATE the applicant started up a business as a sole trader .", "On DATE the applicant ’s sentence was suspended . According to his submissions , he left PERSON definitively on that date .", "Section CARDINAL of the Law of CARDINAL DATE on certain means of executing custodial sentences ( “ the DATE LAW ) lists the various arrangements which execution of a custodial sentence may entail :", "“ The execution of a custodial sentence may entail CARDINAL of the following : serving of the sentence in instalments , semi - custodial regime , prison leave , suspension of sentence , early release . ”", "Section CARDINAL of the DATE PERSON defines prison leave as follows :", "“ Prison leave shall consist of permission to leave prison either for part of DATE or for periods of TIME . The time shall count towards the length of the sentence . ”", "Section CARDINAL of the DATE PERSON provides as follows with regard to the objectives of prison leave :", "“ This privilege may be granted to prisoners who are domiciled or resident in the country , either for family reasons or to make preparations for their rehabilitation and reintegration into professional life , or on a trial basis with a view to their conditional release . ”", "Section CARDINAL of the DATE PERSON provides that this measure may be granted to first offenders once CARDINAL of their sentence has been served .", "Section CARDINAL of the DATE PERSON provides as follows :", "“ In applying the arrangements provided for by this PERSON , consideration shall be given to the personality of the prisoner , his or her progress and the risk of a further offence . ”", "According to the comments on this provision accompanying the relevant bill when it was submitted , the granting of measures relating to the means of executing a sentence “ will never be automatic and will ultimately remain at the discretion of the postsentencing authority , which will decide freely on the basis of the information it has obtained concerning the prisoner ” .", "Under the terms of ORG of DATE laying down , inter alia , detailed arrangements for the granting of prison leave , such leave may be granted at the request of the prisoner concerned or his or her representative ( DATE ) ; the request must be made in writing , unless the prisoner is unable or does not know how to write . The interval between periods of leave must be DATE , except in special circumstances ( DATE ) . Where a request for prison leave is refused , no new request may be made within DATE , unless new evidence comes to light ( Article CARDINAL ) .", "Section CARDINAL of the DATE PERSON states as follows :", "“ In the case of custodial sentences of over DATE ... the measures provided for by this PERSON ... shall be taken by the Attorney - General or his or her representative in accordance with the majority decision of a board comprising , in addition to the Attorney - General or his or her representative , a judge and a public prosecutor .", "...", "The board shall be convened by the Attorney - General or his or her representative and shall be chaired by the judge .", "With the exception of the Attorney - General or his or her representative , the full members and their substitutes shall be appointed by ministerial order for a renewable DATE term . ”", "In Recommendation No . CARDINAL , set out in his activity report on DATE from DATE to DATE , the ORG expressed the view that the system for the execution of sentences in GPE needed to be overhauled , and advocated the creation of the office of post - sentencing judge . The latter would give decisions , open to appeal , on applications for prison leave following adversarial proceedings .", "In his activity report on DATE from DATE to CARDINAL DATE , the ORG took note of the fact that the Minister of ORG , in an article published in a GPE DATE newspaper , had spoken in favour of handing over to a judicial body some of the powers currently exercised by the Attorney - General ’s representative with responsibility for the execution of sentences or by ORG . On DATE the Minister of ORG presented the broad outlines of the planned prison reform , which included a bill approved by the government at a ORG meeting on DATE reforming the system of execution of sentences by establishing , inter alia , a postsentencing court . The bill must now go through the different stages of the legislative procedure .", "There are CARDINAL prisons in GPE , with a prison population of CARDINAL . Most prisoners are held in FAC , which is a closed institution . There is also a semiopen prison ( FAC ) which mainly houses prisoners approaching the end of their sentences or serving shorter sentences . Most leave the prison DATE to go to work .", "The Government stated that a distinction needed to be made between requests for prison leave made by inmates in FAC and those in PERSON .", "NORP In DATE , CARDINAL requests for prison leave were granted and CARDINAL refused ; for DATE , the figures were CARDINAL and CARDINAL respectively .", "The Government observed that numerous requests for prison leave were bound to fail as they were submitted before expiry of the statutory period . In other words , the prisoners concerned had not yet served CARDINAL of their sentence ( in the case of a first offender ) or CARDINAL their sentence ( in the case of a repeat offender ) , or the request was made DATE after notification of the refusal of a previous request .", "In DATE , CARDINAL requests for prison leave were granted and CARDINAL refused ; for DATE , the figures were CARDINAL and CARDINAL respectively .", "The Recommendation states , inter alia , as follows :", "“ ORG , under the terms of Article CARDINAL.b of the Statute of the Council of Europe ,", "...", "Considering that prison leave is one of the means of facilitating the social reintegration of the prisoner ;", "Having regard to experience in this field ,", "Recommends the governments of member PERSON :", "NORP to grant prison leave to the greatest extent possible on medical , educational , occupational , family and other social grounds ;", "NORP to take into consideration for the granting of leave :", "– the nature and seriousness of the offence , the length of the sentence passed and the period of detention already completed ,", "– the personality and behaviour of the prisoner and the risk , if any , he may present to society ,", "– the prisoner ’s family and social situation , which may have changed during his detention ,", "– the purpose of leave , its duration and its terms and conditions ;", "NORP to grant prison leave as soon and as frequently as possible having regard to the aforementioned factors ;", "NORP to grant prison leave not only to prisoners in open prisons but also to prisoners in closed prisons , provided that it is not incompatible with public safety ;", "...", "to inform the prisoner , to the greatest extent possible , of the reasons for a refusal of prison leave ;", "to provide the means by which a refusal can be reviewed ;", "... ”", "The Recommendation , in its relevant parts , reads as follows :", "“ ORG , under the terms of Article CARDINAL.b of the Statute of the Council of Europe ,", "...", "Bearing in mind the relevance of the principles contained ... in particular [ in ] :", "– Recommendation No . R ( CARDINAL ) CARDINAL on prison leave ;", "...", "For the purposes of this recommendation , a ... long - term prisoner is CARDINAL serving a prison sentence or sentences totalling DATE or more .", "...", "The aims of the management of ... long - term prisoners should be :", "...", "– to increase and improve the possibilities for these prisoners to be successfully resettled in society and to lead a law - abiding life following their release .", "...", "DATE . Particular efforts should be made to allow for the granting of various forms of prison leave , if necessary under escort , taking into account the principles set out in Recommendation No . R ( CARDINAL ) CARDINAL on prison leave .", "... ”", "The Recommendation reads , inter alia , as follows :", "“ ORG , under the terms of Article CARDINAL.b of the Statute of the Council of Europe ,", "...", "Stressing that the enforcement of custodial sentences and the treatment of prisoners necessitate taking account of the requirements of safety , security and discipline while also ... offer[ing ] ... treatment programmes to inmates , thus preparing them for their reintegration into society ;", "...", "Endorsing once again the standards contained in the recommendations of ORG , ... and in particular ... Rec(CARDINAL)CARDINAL on the management by prison administrations of life sentence and other long - term prisoners ;", "...", "CARDINAL NORP As soon as possible after such admission , reports shall be drawn up for sentenced prisoners about their personal situations , the proposed sentence plans for each of them and the strategy for preparation for their release .", "CARDINAL ORG prisoners shall be encouraged to participate in drawing up their individual sentence plans .", "CARDINAL LOC plans shall as far as is practicable include :", "...", "d. preparation for release .", "...", "CARDINAL There shall be a system of prison leave as an integral part of the overall regime for sentenced prisoners .", "...", "CARDINAL ORG prisoners shall be assisted in good time prior to release by procedures and special programmes enabling them to make the transition from life in prison to a law - abiding life in the community .", "CARDINAL NORP In the case of those prisoners with longer sentences in particular , steps shall be taken to ensure a gradual return to life in free society .", "... ”" ]

[]

[]

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[ "6" ]

[ "6-1" ]

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[ "NORP The applicant , Mr PERSON , is a NORP national who was born in DATE and lives in GPE . He was represented before the ORG by Ms PERSON , a lawyer practising in Gdańsk . ORG ( “ the Government ” ) were represented by their Agent , Mr PERSON , of ORG .", "NORP The facts of the case , as submitted by the parties , may be summarised as follows .", "The ORG maintained that the applicant began to serve his sentence on DATE , whereas the applicant submitted that the date had been CARDINAL DATE . The date supplied by the applicant was confirmed by a certificate issued by the authorities of ORG on DATE , which stated that the applicant had been committed to ORG to serve his sentence on CARDINAL DATE and had been due to complete this sentence on CARDINAL DATE .", "On DATE the applicant was committed to ORG where he remained until DATE .", "On DATE he was transferred to FAC and was detained there until DATE .", "From DATE to CARDINAL DATE the applicant was detained in FAC . On DATE he was released .", "The parties gave partly differing accounts of the conditions of the applicant 's detention in the above - mentioned establishments .", "The applicant , who submitted that he agreed in general with the facts as supplied by the ORG , nevertheless maintained that during most part of his detention he had been held in overcrowded cells in which the statutory minimum standard of CARDINAL m² per person was not respected .", "In the applicant 's submission , the overcrowding and inadequate living conditions had caused him serious distress and many health problems . He has had suicidal thoughts . He suffers from depression , insomnia , regular headaches , problems with orientation and memory , glaucoma and scurvy .", "The Government submitted that the period of the applicant 's detention in cells in which the statutory minimum requirement of QUANTITY per person had not been respected amounted to DATE .", "They supplied the following details concerning the conditions of the applicant 's detention in each establishment .", "DATE the applicant was placed in a cell with a surface area of QUANTITY , which he shared with CARDINAL other inmates . From DATE he remained in a cell measuring GPE . From DATE he was held in that cell together with CARDINAL other persons , from CARDINAL to DATE with CARDINAL persons and from DATE with QUANTITY . From DATE he was placed in a cell measuring QUANTITY which he shared with CARDINAL other inmates .", "From DATE the applicant was placed in a cell measuring QUANTITY , which he shared with CARDINAL other inmates . From DATE to CARDINAL DATE he was held with CARDINAL other inmates in a cell with a surface area of QUANTITY . From DATE he was placed in a cell that measured QUANTITY . From DATE he shared that cell with CARDINAL other persons , from DATE to DATE with CARDINAL person and from DATE with CARDINAL persons .", "DATE the applicant was held in a cell measuring QUANTITY which he shared with CARDINAL other inmates . From DATE to DATE he was held in a cell a the surface area of QUANTITY . From DATE to DATE he was detained with CARDINAL other persons , from DATE with QUANTITY persons and from DATE again with QUANTITY persons .", "On DATE the applicant was transferred to a cell measuring QUANTITY in which he remained until DATE . From CARDINAL DATE to DATE he was detained with CARDINAL other inmates and from CARDINAL to DATE with CARDINAL inmates . From CARDINAL to CARDINAL DATE the applicant was detained in a cell measuring QUANTITY with CARDINAL other persons .", "The Government submitted that the information obtained from the authorities of ORG was incomplete and they could only supply the periods during which the applicant had been held in cells in which the statutory minimum requirement of QUANTITY per person had not been respected . They listed the following periods :", "DATE ;", "DATE ;", "DATE ;", "DATE ;", "CARDINAL May-CARDINAL DATE ;", "DATE ;", "DATE ;", "DATE .", "NORP Before lodging his application the applicant had not made any formal complaints to the penitentiary authorities . Nor had he brought a civil action in tort to seek an improvement of his detention conditions or compensation for the alleged breach of his personal rights . He submitted that any such actions would have been ineffective . He maintained , however , that he had made numerous oral complaints to the prison administration , raising the problem of overcrowding and inadequate living conditions in the prisons in which he had been held throughout his incarceration .", "In the applicant 's observations of CARDINAL DATE his lawyer stated that “ the applicant [ had ] decided to file a lawsuit against the ORG ” . The applicant failed to provide the ORG with further information as to whether he had indeed lodged a civil action under ORG CARDINAL and CARDINAL of LAW for compensation for the infringement of his personal rights .", "At the material time , LAW ( NORP karny wykonawczy – “ the Code ” ) provided :", "“ CARDINAL . A sentenced person shall be placed in an individual cell or a cell shared with other inmates .", "NORP The area of the cell shall be QUANTITY per detainee . ”", "Article CARDINAL of the Code , which constituted a legal basis for a possible temporary placement of detainees in cells below the statutory size of QUANTITY , as applicable at the material time , read as follows :", "“ CARDINAL . In particularly justified cases a governor of a prison or remand centre may decide to place detainees , for a specified period of time , in conditions where the area of the cell is QUANTITY per person . Any such decision shall be communicated promptly to a penitentiary judge .", "NORP The Minister of Justice shall determine , by means of an ordinance , the rules which are to be followed by the relevant authorities in a situation where the number of persons detained in prisons and remand centres exceeds on a nationwide scale the overall capacity of such establishments ... ”", "Acting on the basis of LAW , in DATE and DATE the Minister of ORG issued CARDINAL subsequent ordinances bearing the same title : “ Ordinance on the rules to be followed by the relevant authorities when the number of persons detained in prisons and remand centres exceeded on a nationwide scale the overall capacity of such establishments ( ORG w sprawie trybu postępowania właściwych organów w wypadku , gdy liczba osadzonych w zakładach karnych lub aresztach śledczych przekroczy w skali ORG ogólną pojemność tych zakładów ) .", "The first ordinance ( “ the DATE Ordinance ” ) was issued on DATE . It was repealed on CARDINAL DATE by the second ordinance ( “ the DATE Ordinance ” ) , which entered into force on DATE ( see PERSON , cited above , § DATE ) .", "On DATE , the third ordinance ( “ the DATE Ordinance ” ) was issued ; it entered into force on DATE . It repealed DATE Ordinance and remained in force until DATE , i.e. the date on which ORG judgment of CARDINAL DATE took effect ( see PERSON , cited above , § CARDINAL ; and paragraph CARDINAL below ) . All the ordinances contained similar provisions authorising the prison authorities to place – temporarily – detainees in cells with surfaces below QUANTITY in situations where the overall capacity of NORP detention facilities was exceeded on a nationwide scale .", "Paragraph QUANTITY of the CARDINAL Ordinance provided :", "“ In the event that the number of detainees placed in prisons and remand centres , as well as in subordinate detention facilities , hereinafter referred to as ' establishments ' , exceeds on a nationwide scale the overall capacity of such establishments , the Director General of ORG , within DATE from DATE on which the capacity is exceeded , shall convey information thereof , hereinafter referred to as ' information ' to the Minister of ORG , the regional directors of ORG and the governors of the establishments ... ”", "Paragraph CARDINAL of the Ordinance read :", "“ CARDINAL . Having received the relevant information , the regional director of the prison service and the governor of the establishment are under a duty , each within their own sphere of competence , to take action in order to adapt quarters not otherwise included in the establishment 's [ accommodation ] capacity , to comply with the requirements for a cell .", "...", "Detainees shall be placed in supplementary cells for a specified period of time after the establishment 's capacity is exceeded .", "In the event that the additional accommodation in the supplementary cells is used up , detainees may be placed , for a specified period of time , in conditions where the area of a cell is QUANTITY per person . ”", "On DATE the Constitutional Court gave its landmark judgment concerning the unconstitutionality of Article CARDINAL of the Code ( see paragraph CARDINAL above ) in that it allowed , for all practical purposes , the indefinite and arbitrary placement of detainees in cells below the statutory size of CARDINAL m² per person , thus causing chronic overcrowding in NORP prisons and exposing detainees to the risk of inhuman treatment .", "The most relevant parts of that ruling are rendered in paragraph CARDINAL of the PERSON judgment and in paragraphs CARDINAL of the PERSON judgment , which also contain extensive citations from the reasoning .", "For the purposes of the present decision the judgment can be summarised as follows .", "ORG held that Article CARDINAL of the Code was in breach of Article CARDINAL ( prohibition of torture or cruel , inhuman , or degrading treatment or punishment ) , Article CARDINAL § CARDINAL ( right of a detainee to be treated in a humane manner ) and LAW ( the principle of the rule of law ) of the LAW . It expressed the view that overcrowding in itself could be qualified as inhuman and degrading treatment . If combined with additional aggravating circumstances , it might even be considered as torture . In that connection the court noted that already the statutory minimum standard of CARDINAL m² cell space per person was CARDINAL of the lowest in LOC .", "The Constitutional Court further stressed that the provision in question was meant to be applied only in particularly justified cases , for example the occurrence of an engineering or building disaster in prison . A legal provision designed to address exceptional situations should not leave any doubt as to the definition of those permissible circumstances , the minimum size of the cell and maximum time when the new standards would apply . It should also lay down clear principles on how many times a detainee could be placed in conditions below the standard requirements and the precise procedural rules to be followed in such cases .", "In contrast , Article CARDINAL of LAW Sentences gave a wide discretion to prison governors to decide what constituted “ particularly justified circumstances ” and in consequence condoned the permanent state of overcrowding in detention facilities . It allowed for the placement of detainees in a cell where the area was below the statutory size for an indefinite period of time and it did not set a minimum permissible area .", "Having regard to “ the permanent overcrowding of the NORP detention facilities ” , ORG ruled that LAW should lose its binding force within DATE from the date of the publication of the judgment .", "The judgment was published in ORG ) on DATE .", "ORG justified the delayed entry into force of its judgment by the need to undertake a series of measures to reorganise the whole penitentiary system in GPE in order to , ultimately , eliminate the problem of overcrowding . It was also noted that , in parallel , a reform of criminal policy was needed with the aim of achieving a wider application of preventive measures other than deprivation of liberty . The court observed that an immediate entry into force of its judgment would only aggravate the already existing pathological situation where , because of the lack of cell space in NORP prisons , many convicted persons could not serve their prison sentences . At the time when the judgment was passed , the problem of overcrowding affected CARDINAL persons .", "A detailed description of the relevant domestic law and practice ( as applicable at the relevant time ) concerning a detainee 's right to make complaints , applications or to challenge unlawful decisions given by the prison authorities before a penitentiary judge and penitentiary court in the course of the enforcement of a criminal sentence or detention order , is included in paragraph CARDINAL of the PERSON judgment and in paragraphs CARDINAL of the PERSON judgment .", "Article CARDINAL of the Civil Code contains a non - exhaustive list of socalled “ personal rights ” ( dobra osobiste ) . This provision states :", "“ The personal rights of an individual , such as , in particular , health , liberty , honour , freedom of conscience , name or pseudonym , image , secrecy of correspondence , inviolability of the home , scientific or artistic work , [ as well as ] inventions and improvements , shall be protected by the civil law regardless of the protection laid down in other legal provisions . ”", "Article CARDINAL , paragraph CARDINAL , of the Civil Code provides :", "“ A person whose personal rights are at risk [ of infringement ] by a third party may seek an injunction , unless the activity [ complained of ] is not unlawful . In the event of infringement [ the person concerned ] may also require the party who caused the infringement to take the necessary steps to remove the consequences of the infringement ... In compliance with the principles of this LAW [ the person concerned ] may also seek pecuniary compensation or may ask the court to award an adequate sum for the benefit of a specific public interest . ”", "Under LAW of LAW , a person whose personal rights have been infringed may seek compensation . That provision , in its relevant part , reads :", "“ The court may grant an adequate sum as pecuniary compensation for non - material damage ( krzywda ) suffered to anyone whose personal rights have been infringed . Alternatively , the person concerned , regardless of seeking any other relief that may be necessary for removing the consequences of the infringement sustained , may ask the court to award an adequate sum for the benefit of a specific public interest ... ”", "Articles CARDINAL et seq . of the NORP LAW provide for the ORG 's liability in tort .", "Article CARDINAL § CARDINAL of LAW ( as amended ) provides :", "“ ORG , or [ as the case may be ] a self - government entity or other legal person responsible for exercising public authority , shall be liable for any damage ( szkoda ) caused by an unlawful act or omission [ committed ] in connection with the exercise of public authority . ”", "Article DATE of the Civil Code sets out limitation periods for civil claims based on tort , including claims under LAW read in conjunction with ORG and CARDINAL of LAW . This provision , in the version applicable as from DATE , reads , in so far as relevant , as follows :", "“ CARDINAL . A claim for compensation for damage caused by a tort shall lapse after the expiration of DATE from the date on which the claimant learned of the damage and of a person liable for it . However , this time - limit may not be longer than DATE following the date on which the event causing the damage occurred . ”", "In its judgment ORG acknowledged for the first time that a detainee might , under LAW , read in conjunction with LAW , lodge a civil claim against ORG and seek compensation for infringement of his personal rights , in particular , the right to dignity and private space ( intymność ) , on account of overcrowding and inadequate living and sanitary conditions in a detention establishment . It further held that the burden of proof that conditions in a detention establishment complied with the required standards and that there was no infringement of personal rights lay with the defendant prison authority .", "In that context , ORG referred to the statutory minimum space of QUANTITY per person , recalling that only in justified cases defined in Article CARDINAL of the Code and in accordance with the procedure laid down in the CARDINAL Ordinance could that minimum be reduced for a specific period , which had to be precisely determined and not be excessively long – as it constituted an exception to the rule .", "ORG also reiterated CARDINAL essential principles underlying LAW . First , a defendant was liable under this provision regardless of whether or not there was any fault on his part . Second , there was a presumption of unlawfulness of actions infringing personal rights , which meant that a plaintiff was absolved from proving this circumstance , whereas a defendant had a duty to demonstrate before the court that his actions were in accordance with the law .", "Further details of the civil action in which the judgment originated ( and which was ultimately dismissed ) are stated in paragraphs CARDINAL of the PERSON judgment and in CARDINAL of the PERSON judgment .", "In the case of PERSON and PERSON , the ORG submitted CARDINAL judgments delivered by the NORP civil courts in DATE and DATE and CARDINAL final judgments delivered in DATE , which concerned claims brought by former detainees on account of the alleged infringement of their personal rights . Those claims derived from various situations , including detention with inmates who smoked , food poisoning , bodily injury caused by an inmate , risk of HIV infection and , also , overcrowding in prison .", "In CARDINAL final judgments delivered in DATE and in CARDINAL final judgments delivered in DATE the plaintiffs were awarded compensation for the infringement of their personal rights on account of overcrowding and insanitary conditions in their cells . In certain cases the plaintiffs were detained together with smokers or persons with hepatitis C.", "A more detailed description of the relevant rulings is included in DATE and CARDINAL of the PERSON judgment and in paragraphs CARDINAL of the PERSON judgment .", "In implementation of the above - mentioned ORG judgment , whereby Article CARDINAL of the Code lost its force on DATE ( see paragraph CARDINAL above ) , ORG adopted the law of CARDINAL DATE on amendments to LAW ( ustawa o zmianie ustawy – Kodeks karny wykonawczy ) ( “ the DATE LAW ) . The law entered into force on DATE and introduced a number of new detailed rules governing temporary placement of detainees in cells below the statutory minimum size of QUANTITY .", "In LAW , after paragraph CARDINAL , new paragraphs CARDINAL - i were added .", "Paragraph CARDINAL gives a list of emergencies where the reduction of the cell space per person can be applied for a maximum period of DATE . It reads , in so far as relevant , as follows :", "“ CARDINAL . The Governor of a prison or remand centre may place a detainee for a specified period not longer than DATE ... in a cell , in which the area per detainee is less than CARDINALmCARDINAL but not less than CARDINAL mCARDINAL in the event of :", "CARDINAL ) NORP introduction of martial law , state of emergency or natural disaster ...", "CARDINAL ) NORP announcement of an epidemic risk or an epidemic in the region in which the prison or remand centre is located or an outbreak of an epidemic or risk of an epidemic in the prison or remand centre – regard being had to the level of threat to life and health ;", "CARDINAL ) NORP need to prevent other events amounting to a direct threat to security of a [ detainee ] or security of the prison or remand centre or to mitigate the consequences of such events ;", "Paragraph CARDINAL lists specific circumstances where the prison authorities may reduce the cell space per person below QUANTITY for a period not exceeding DATE .", "The Governor of a prison or remand centre may place a detainee , for a specified period not longer than DATE ... in a cell , in which the area per detainee is CARDINAL mCARDINAL but not QUANTITY if it is necessary to place him immediately in the prison or remand centre that have no free places in cells :", "CARDINAL ) a person sentenced to imprisonment DATE ;", "CARDINAL ) NORP a person referred to in LAW and LAW [ recidivist ] ;", "CARDINAL ) NORP a person sentenced for the offences defined in Articles CARDINAL - CARDINAL of LAW [ sexual offences and offences against morals ] ;", "CARDINAL ) a convicted person who [ has escaped ] from prison ;", "CARDINAL ) a convicted person who , during leave from prison or a remand centre has not returned to prison ;", "CARDINAL ) a person transferred from another prison or remand centre under a decision given by the court or prosecutor , in order to take part in a hearing or other procedural acts ;", "CARDINAL ) a person detained on remand , committed to prison for contempt of court or person in respect of whom other coercive measures have been applied ;", "Paragraph CARDINAL reads as follows :", "The period referred to in paragraph CARDINAL , may be extended only after approval by a penitentiary judge . The whole period of the placement in conditions defined in paragraph CARDINAL may not exceed DATE .", "...", "Paragraphs CARDINAL state the following :", "A decision issued pursuant to paragraphs CARDINAL shall specify the period of the placement and the reasons for placing a [ detainee ] in conditions where the area per detainee is QUANTITY and state the term for which a [ detainee ] shall be held in these conditions .", "The court shall examine a complaint against a decision issued pursuant to paragraphs CARDINAL within DATE .", "CARDINAL g . A decision to place a [ detainee ] in conditions referred to in paragraphs CARDINAL shall be quashed immediately if the reasons for which it has been issued no longer exist .", "NORP In situations referred to in paragraphs CARDINAL and CARDINAL , a [ detainee ] shall be assured DATE walks , TIME longer [ than regular ones ] and the possibility of taking advantage of additional cultural and educational activities or sports activities .", "NORP The provisions of paragraphs CARDINAL or CARDINAL may not be applied in respect of the same [ detainee ] DATE from DATE of the period of the placement in conditions referred to therein .", "Following LAW , in LAW , which lists circumstances in which the enforcement of a sentence may be suspended , a nationwide overcrowding in detention facilities was included as an additional circumstance justifying the suspension . This provision , in so far as relevant , reads as follows :", "“ CARDINAL . The court may suspend the enforcement of a sentence of imprisonment for a period of DATE if the immediate enforcement of the penalty would entail too harsh consequences for a convicted person or his family or if the number of persons detained in prisons or remand centres exceeds on a nationwide scale the overall capacity of such establishments . ”", "The DATE amendment repealed the DATE Ordinance ( see also paragraphs CARDINAL above ) and added a new paragraph CARDINAL to LAW . Pursuant to that paragraph , the Minister of Justice shall determine by means of an ordinance the rules to be followed by the relevant authorities in a situation where the number of persons detained exceeds , nationwide , the overall capacity of prisons and remand centres .", "On DATE the Minister of ORG issued the LAW on the rules to be followed by the relevant authorities when the number of persons detained in prisons and remand centres exceeded , nationwide , the overall capacity of such establishments . It entered into force on DATE .", "The Government , as they did in the PERSON and PERSON cases , produced a list of cases where the plaintiffs DATE detainees – sought , and were in some cases awarded , compensation for the infringement of their personal rights . The list partly overlapped with the one submitted in PERSON . It comprised CARDINAL civil cases involving various claims for compensation under Articles CARDINAL and CARDINAL read in conjunction with LAW brought by detainees against the prison authorities .", "NORP In CARDINAL judgments , namely :", "no . IACa CARDINAL/CARDINAL , ORG , of DATE ; case brought by PERSON ;", "no . IACa CARDINAL/CARDINAL , ORG , of CARDINAL DATE ; case brought by GPE ;", "no . IACa CARDINAL/CARDINAL , ORG , of DATE ; case brought by PERSON ( for details of the action and its outcome , see PERSON , cited above , § § DATE ) ;", "no . IACa CARDINAL/CARDINAL , ORG , of CARDINAL DATE ; case brought by PERSON ;", "no . IVCa CARDINAL/CARDINAL , ORG , of DATE ; case brought by GPE", "the courts awarded plaintiffs compensation for damage to their health caused by their prolonged detention with inmates who smoked . No awards were made on account of overcrowding .", "In the case of a certain PERSON ( judgment of ORG of DATE , no . IACa CARDINAL ) , the court held that there was no legal basis to grant the plaintiff compensation for overcrowding since the reduction of the cell space below the standard minimum had been applied under the provisions of the DATE Ordinance . This measure could not , therefore , be considered an unlawful act justifying the application of provisions for the protection of personal rights ( for further details see PERSON , § DATE ) .", "In the remaining CARDINAL cases the relevant courts awarded plaintiffs compensation on account of overcrowding and insanitary conditions in their cells . The judgments were delivered on various dates DATE .", "The Government also supplied copies of CARDINAL further final judgments delivered in civil cases brought by detainees .", "However , the first judgment , given by ORG on DATE in the case no . IACa CARDINAL/CARDINAL , brought by a certain PERSON , a mentally ill person , concerned a claim for damages arising from a wrong diagnosis and resultant lack of psychiatric treatment in detention . The issue of overcrowding was not raised in that case .", "The second judgment was given by ORG on DATE in the case no . IACa DATE brought by a certain PERSON", "The plaintiff 's claim for compensation for the infringement of his personal rights caused by overcrowding , insanitary conditions of detention and placement in cells with persons infected with HIV and ORG was dismissed at first instance by ORG . While the court held that it was undisputed that PERSON had been held in overcrowded cells , which undoubtedly constituted an infringement of his personal rights , it concluded that he had not demonstrated that , as a result , he had suffered any damage to his health . Accordingly , it found no basis for awarding him any compensation .", "ORG amended the judgment and granted the applicant MONEY ( MONEY at the material time ) in compensation . It further reiterated a number of principles relevant for the determination of claims for the infringement of personal rights .", "First , ORG stressed that under LAW a plaintiff was not obliged to prove that he had suffered any damage to his health but to show that he sustained non - material damage caused by the infringement of his personal rights . Second , he had to produce evidence demonstrating the extent of the damage suffered . In determining an award , the court , for its part , should take into account such factors as the intensity of the suffering , whether the damage was permanent or irreversible and whether it was possible for a plaintiff to reverse its consequences by recourse to other civil remedies . It should also have regard to the nature of the right infringed , the degree of culpability on the part of the defendant and the defendant 's financial situation . The ratio of LAW was not purely compensatory – another aim was to provide the plaintiff with satisfaction , which meant that an amount awarded should constitute a tangible financial sanction for the defendant . However , the court explained further that , in general , sums awarded under LAW should be moderate and reflect the prevailing national financial circumstances . They should not be a source of enrichment for the plaintiff .", "On DATE ORG examined , and allowed , a cassation appeal ( skarga kasacyjna ) lodged by a certain PERSON against the judgment of ORG of DATE ( case no . IACa CARDINAL ) upholding the first - instance dismissal of the plaintiff 's claim for compensation for the infringement of his personal rights caused by overcrowding in prison .", "The lower courts established that from DATE to DATE , that is to say for DATE , the applicant had been held in a cell designed for QUANTITY persons with QUANTITY or even more inmates . However , they considered that those conditions had not been in breach of LAW torture , cruel , inhuman or degrading treatment or punishment ) , LAW ( duty to treat detained persons in a humane manner ) and LAW ( right to protection of private life ) of the LAW but had been a normal consequence of the execution of a penalty and constituted a form of suffering normally associated with serving a prison sentence . The prison authorities had informed the penitentiary court of the overcrowding in their establishment and the need to apply the measures foreseen by LAW . It was true that no specific term had been fixed for the application of those measures but Article CARDINAL did not oblige them to set any specific time - frame . The applicant had not made any complaints about the conditions of his detention to the relevant authorities . Moreover , he had refused a proposal of transfer to a “ half - open ” prison , thus renouncing the possibility of improving his situation .", "In view of the foregoing , the courts found that the actions taken by the defendant authorities had been legitimate and could not be considered unlawful for the purposes of Articles CARDINAL and CARDINAL of LAW .", "ORG quashed ORG judgment and remitted the case .", "Referring to its earlier judgment of DATE ( see paragraphs PERSON above ) , it restated the principle that the right to be detained in conditions respecting one 's dignity undoubtedly belonged to the catalogue of personal rights and that actions infringing this right could involve ORG liability for the purposes of ORG and CARDINAL of LAW .", "ORG observed that ORG , in determining the lawfulness of the defendant 's actions , had failed to consider whether the requirements of Article CARDINAL of the Code had been complied with . First , it had not established whether there had been a “ particularly justified case ” as required under this provision , allowing the authorities to place the plaintiff in a cell below the statutory minimum size of QUANTITY . The fact that there had been a temporary overcrowding in prison , without any explanation of the cause of this situation , was not sufficient to justify the application of Article CARDINAL . The notion of “ particularly justified case ” should be understood as an exceptional or special circumstance and not simply any given situation . It could conceivably include such situations as an increase in crime and in sentences of imprisonment , imposition of martial law , emergency , epidemics or natural disasters . Accordingly , in order to establish whether there was a “ particularly justified case ” the court could not rely on a general phenomenon of overcrowding in prisons within the whole country .", "Moreover , ORG had been wrong in finding that the absence of any specific time - frame in Article CARDINAL absolved the authorities from setting a precise period for which the measures would be applied in the plaintiff 's case . Thus , the relevant rule spoke of a “ specified period of time ” , which by no means meant an indefinite and unforeseeable term .", "Finally , ORG referred to the argument that the plaintiff , by his refusal of a transfer to another prison , legitimised the authorities ' decision to continue his placement in a reduced - size cell . This , ORG stressed , could not eliminate the unlawfulness of their actions . In that respect , it reiterated that , pursuant to LAW , the inherent and inalienable dignity of the person was inviolable and the respect and protection thereof was a duty incumbent on the authorities . This principle had a particular meaning in situations where the ORG imposed repressive measures . The exercise of this power could not restrict the right to dignity and the right of persons detained to be treated in a humane manner as these rights had an absolute character .", "Data relating to the total capacity of NORP detention establishments published by ORG ( available on ORG official website ORG ) show that those establishments can admit CARDINAL persons ( the figures given by the authorities range from CARDINAL to CARDINAL ) .", "According to DATE statistical reports published by ORG , as of CARDINAL DATE the number of persons detained in NORP prisons stood at CARDINAL , of whom PERCENT were serving their sentences and PERCENT were detained on remand ; the remaining persons served short sentences of imprisonment imposed for commission of administrative offences . As of DATE the number of detained was CARDINAL and as of DATE it decreased to CARDINAL . The proportion of persons detained on remand and those serving sentences remained essentially unchanged . Over the period from DATE the prison population gradually decreased – by CARDINAL persons in DATE and by CARDINAL and CARDINAL in DATE and DATE respectively .", "On DATE ORG published a communiqué on the prison population , stating that as of DATE the number of persons detained in prisons and remand centres had not exceeded the overall capacity of those establishments on a nationwide scale within the meaning of the DATE Ordinance and that the occupancy rate was PERCENT , which meant that the overcrowding no longer existed .", "DATE . On DATE a similar communiqué was issued . It stated that as of that date the occupancy rate in detention facilities was PERCENT , which demonstrated that the problem of overcrowding had been handled . The summary statistical report of DATE indicated that the total capacity of detention facilities was CARDINAL persons and that the number of persons detained stood at CARDINAL ." ]

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[ "The applicant is a NORP citizen , born in DATE and living in GPE . He is a lawyer .", "A.", "The applicant lodged a constitutional complaint with ORG ( Ustavni sud PERSON ) on DATE , claiming that the LAW on compensation for and restitution of assets taken under the NORP communist regime , as a whole , violated the constitutional guarantees of right to property , social justice , rule of law and right to inheritance . Furthermore , he claims that the provisions of the LAW prevented him from protecting his own legal interests as well as the interests of clients whom he represented as an attorney at law .", "After DATE , the applicant requested the speeding up of proceedings before ORG and received no answer .", "ORG gave its decision on DATE , which was published in ORG ( ORG novine ) . ORG quashed or changed several provisions of the LAW in question as not being in conformity with LAW . Firstly , changes were made so as to recognise the capacity of persons of foreign ( non - NORP ) nationality to be entitled to the rights stemming from the LAW in question . Secondly , the former owner 's priority right to buy a flat where there existed previously a specially protected tenancy ( stanarsko pravo ) was abolished .", "B. Relevant domestic law before the amendments made by ORG ( see above )", "The relevant provisions of the LAW on compensation for and restitution of assets taken under the NORP communist regime provide the following :", "Article CARDINAL : the Act applies to former owners and their statutory heirs who are relatives of the first degree , excepting those of foreign nationality .", "Article CARDINAL : most of the flats that were let under a specially protected tenancy shall not be returnable to their original owners . Compensation may be due .", "DATE : company property shall not be returnable . It provides for compensation for such property .", "Article CARDINAL : only movable property of cultural , artistic or historical value will be returned to former owners . Where such property is presently considered as a part of the cultural heritage and is in the ownership of collections , museums , galleries or similar institutions , only compensation may be awarded .", "Article CARDINAL : real property which formed part of the assets of a company shall not be returnable , but compensation may be due .", "Article CARDINAL excludes from restitution property presently in the possession of legal entities in the fields of health , social welfare , education , culture , science , etc . It provides , however , that ORG may decide to return such property in exceptional circumstances .", "DATE excludes from restitution a variety of property belonging to legal persons performing public services or dedicated to public use or property extra commercium . Restitution is likewise excluded where it would entail damage to the environment or would prejudice the operation of industrial complexes .", "Article CARDINAL establishes the sum of CARDINAL NORP kunas as the maximum amount of compensation ." ]

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[ "The applicants live in LOC in GPE .", "In DATE the applicants engaged company ORG , represented by PERSON , to build a house for them .", "On DATE company ORG filed a claim against the applicants with the Bad Kreuznach Regional Court ( ORG ) , seeking CARDINAL,CARDINAL.CARDINAL ORG ) in outstanding payments . The claim reached ORG on DATE .", "On DATE , following an extension of the time allowed for submissions , the applicants contested the claim . They argued that company ORG had failed to fulfil its contractual obligations and that the building had serious construction defects .", "On DATE , following an extension of the timelimit , company ORG reduced its claim to DEM CARDINAL,CARDINAL.CARDINAL .", "DATE and DATE both parties – following several extensions of the set time - limits – submitted extensive written statements .", "On DATE the presiding judge of ORG instructed the judge rapporteur to prepare the oral hearing .", "On DATE the plaintiff requested ORG to schedule a hearing .", "On DATE the presiding judge assigned the case to a new rapporteur .", "On DATE ORG held an oral hearing .", "DATE both parties submitted further observations .", "On DATE ORG instructed the expert PERSON to prepare an expert opinion on the alleged building defects . It further decided to hear evidence from witnesses .", "On DATE ORG dispatched the case file to the expert .", "On DATE the applicants requested that the questions to the expert be amended .", "On DATE the presiding judge rejected the ORG request in order , inter alia , to avoid delays . He further announced that a new rapporteur had been appointed .", "On DATE the applicants submitted a document on the progress of the building work ( PERSON ) , totalling CARDINAL pages .", "On DATE the presiding judge rejected the applicant ’s request to forward the document to the expert .", "On DATE the expert submitted his expert opinion .", "On DATE ORG served the expert opinion on the parties for comments within DATE .", "On DATE ORG counsel withdrew from the case .", "On DATE the applicants lodged a criminal complaint ( PERSON ) against PERSON for having lied during the proceedings .", "DATE and CARDINAL DATE the case file was dispatched to ORG .", "On DATE the applicants submitted a personal statement totalling CARDINAL pages . On DATE the presiding judge informed them that these submissions could not be taken into consideration , as they had not been drafted by counsel .", "On DATE , following several extensions of the set time - limit , the applicants’ new counsel submitted critical comments on the expert opinion . He further requested on several occasions that evidence be taken from the expert in court and that another expert opinion be commissioned .", "On DATE , following CARDINAL extensions of the time - limit , the plaintiff submitted further comments .", "On DATE the presiding judge transferred the case file to the rapporteur .", "On DATE the case file was dispatched to ORG .", "On DATE the case file was dispatched to ORG .", "On DATE company H. lodged a thirdparty complaint ( PERSON ) against its subcontractor .", "On DATE the applicants appointed a new counsel , who had worked on the case previously .", "On DATE the plaintiff requested ORG to expedite the proceedings .", "On DATE the third party acceded to the proceedings .", "On DATE the case file was transferred to a new rapporteur .", "On DATE the applicants asked whether ORG intended to schedule a further hearing .", "On DATE ORG scheduled a hearing for DATE .", "On DATE the plaintiff informed ORG that company ORG had been converted into a limitedliability company .", "DATE the case file was dispatched to ORG .", "On DATE the plaintiffs increased the amount of their claim .", "On DATE and DATE ORG heard evidence from CARDINAL witnesses .", "On DATE ORG scheduled an inspection of the building site for DATE .", "DATE both parties submitted further observations .", "On DATE the applicants lodged an appeal to a higher authority ( Dienstaufsichtsbeschwerde ) against the presiding judge of ORG for breach of his official duties , raising the issue of the length of the proceedings . The applicants simultaneously informed the President of ORG , ORG and ORG of their appeal .", "On DATE the President of ORG informed the applicants that she did not intend to impose disciplinary measures on the presiding judge . While conceding that the proceedings in question were lengthy , she found this to be due mainly to the fact that they were extremely contentious and that both parties had submitted lengthy written statements . She further pointed out that both parties had repeatedly requested the extension of deadlines and had failed to pay an advance on the experts’ fees . The proceedings had been further delayed by the public prosecutor ’s repeated requests to obtain the case file and by the fact that the judge rapporteur had been replaced several times . The President concluded that the parties’ counsel should reduce the scope of the litigation in order to permit ORG better to comply with its obligation to speed up the proceedings .", "On DATE ORG conducted an inspection of the building site .", "DATE . On CARDINAL DATE the case file was dispatched to ORG .", "On DATE the presiding judge ordered the preparation of a copy of the case file , in view of its frequent dispatch .", "On DATE the plaintiff informed ORG that he had filed for insolvency on DATE . Preliminary insolvency proceedings had been opened on DATE .", "On DATE and DATE ORG decided to hear a further expert opinion on the alleged building defects . They also ordered the applicants to pay an advance on the expert ’s expenses .", "On DATE the applicants requested an extension of the time allowed for paying an advance on the expenses .", "On DATE the applicants lodged an objection of bias ( ORG ) against expert PERSON On an unspecified date , they lodged a criminal complaint against that same expert .", "DATE and DATE the case file was dispatched to ORG .", "On DATE the applicant requested a further extension of the time allowed to pay an advance on the expenses . They further alleged that the proceedings had been suspended owing to the plaintiff ’s insolvency .", "On DATE the applicants lodged an objection of bias against ORG as a whole as well as against its presiding judge , arguing that the judges had committed several procedural errors .", "On DATE ORG rejected as inadmissible the complaint against the ORG as a whole .", "DATE the case file was dispatched to ORG .", "On DATE plaintiff ’s counsel informed the court that insolvency proceedings had been opened on DATE and declared that the administrator in insolvency wished to take over the case .", "On DATE the applicants received the rapporteur ’s submissions on the objection of bias , with a request for comments to be submitted by DATE .", "On DATE the applicants lodged an appeal against ORG decision of DATE .", "On DATE ORG dismissed the applicant ’s appeal against ORG decision of DATE as having been lodged outside the statutory time - limit of DATE , and fixed the value at issue ( PERSON ) at CARDINAL,CARDINAL.CARDINAL MONEY ( ORG ) .", "On DATE ORG dismissed the applicants’ objection against the presiding judge .", "On DATE the applicants lodged another objection of bias against the presiding judge of ORG , which was dismissed on DATE .", "DATE and DATE the case file was sent to ORG .", "On DATE ORG dismissed the objection of bias against the presiding judge , finding that there was no indication that the latter had been biased against the applicants .", "DATE . On DATE ORG rejected the ORG complaint against the value which it had determined in its decision of CARDINAL DATE .", "On DATE expert PERSON died .", "On DATE ORG dismissed the applicants’ appeal against ORG decision of DATE and fixed the value at issue at between ORG CARDINAL,CARDINAL and EUR CARDINAL,CARDINAL .", "On DATE the presiding judge proposed that evidence be taken from a further expert .", "On DATE and DATE the applicants lodged criminal complaints against the judges of ORG .", "On DATE the applicants informed ORG that they had entered into negotiations with a view to a friendly settlement .", "On DATE , ORG , with the parties’ consent , ordered that the proceedings be suspended ( Ruhen des PERSON ) .", "On DATE the trustee in insolvency of company ORG withdrew the action against the applicants . In return , the applicants paid ORG CARDINAL,CARDINAL and waived all their remaining claims against company H.", "DATE . On DATE ORG fixed the value of the claim at ORG CARDINAL,CARDINAL.CARDINAL .", "On DATE ORG fixed the value of the claim at the same amount .", "On DATE the applicants lodged a constitutional complaint concerning the length of the proceedings before ORG .", "On DATE ORG refused to entertain the constitutional complaint , finding that ORG had not violated the applicants’ right to a hearing within a reasonable time .", "The relevant parts of the decision read as follows :", "“ ... the length of proceedings – almost eight years – appears to be still just acceptable ( gerade noch hinnehmbar ) from a constitutional point of view . While the case which had to be adjudicated by ORG was not particularly complex from a legal point of view , it was conducted in a very contentious and lengthy manner . Furthermore , it does not appear from the case file that ORG delayed the proceedings ... by any inactivity on its part or that it neglected to advance the proceedings . ORG constantly advanced the proceedings by exchanging the written statements rapidly , deciding on the taking of evidence and issuing legal instructions .", "It must further be taken into account that the applicants repeatedly contributed to the obstructions and delays in the proceedings by requesting that further evidence be taken and time - limits extended and by lodging objections of bias and criminal complaints necessitating the dispatch of the case file . While these actions form part of the parties’ rights in civil proceedings , the relevant court can not be held responsible for the resulting prolongation of the proceedings .", "Finally , it must be borne in mind that the applicants , as far as can be established , have not been affected economically by the length of the proceedings .", "While no objection can be made to the conduct of the proceedings from a constitutional point of view , ORG – in view of the length of the proceedings – is requested to speed up the proceedings and bring them to an early conclusion . ”", "On DATE the applicants lodged a further constitutional complaint alleging a violation of their right to a fair trial . They argued that ORG had committed several material and procedural errors which gave them good grounds for believing that the judges were biased against them . In particular , the applicants claimed that ORG had arbitrarily failed to determine the correct value at issue .", "On DATE ORG refused to entertain the ORG complaint ." ]

[ "6" ]

[ "6-1" ]

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[ "PERSON , a NORP national , resides in GPE .", "A District Attorney ( GPE ) of GPE , Mr J. , issued instructions to the police ( PERSON ) requiring her to be brought to give evidence as a witness on DATE . He did so in connection with a criminal investigation concerning QUANTITY persons - PERSON of GPE and PERSON of GPE - suspected of living on the earnings of prostitution and of procuring .", "ORG On DATE the applicant was taken by the GPE municipal police to ORG ( PERSON ) in that town , where she was questioned as a witness by LAW , although no summons to appear as a witness ( PERSON ) had been issued . In answer to his questions , she admitted making a living from prostitution , but maintained that she knew PERSON and PERSON only by name and that she did not pass on to them any of her earnings .", "ORG On concluding his examination , the District Attorney signed a detention order ( ORG ) remanding the applicant in custody on grave suspicion of having given false evidence .", "According to this order , members of the \" Hell ’s Angels \" of GPE and GPE were strongly suspected of having brought to GPE NORP prostitutes , some of whom had married NORP nationals who received payment for this . The women were then encouraged , partly under threat , to engage in prostitution under the protection of the \" Hell ’s Angels \" , who were paid a part of the proceeds in exchange . There were strong grounds for supposing that PERSON was one of these women . When appearing as a witness , she had denied any contact with the \" Hell ’s Angels \" , which appeared unlikely to be true .", "The order referred in particular to the danger of collusion and the possibility that evidence might be tampered with . It stated further that the applicant could appeal within TIME to ORG ) of the GPE of GPE .", "PERSON was released on DATE .", "ORG On DATE District Attorney J. instituted proceedings before the Judge in Criminal Cases ( Einzelrichter in Strafsachen ) at ORG ( Bezirksgericht ) . His indictment ( PERSON ) alleged that the applicant had given false evidence in judicial proceedings and , as a possible additional charge ( eventualiter ) , that she had been an accessory to a criminal offence . He sought the imposition on PERSON of a fine of MONEY .", "The trial took place on DATE , after the indictment had been accepted ( zugelassen , LAW , \" StPO \" ) ; the District Attorney was not present . The accused ’s lawyer stated on that occasion ( translation ) :", "\" In this case we are confronted in the first place with a violation of ... Article CARDINAL para . CARDINAL ( article CARDINAL ) of LAW which provides that anyone who is arrested or detained in accordance with the provisions of Article CARDINAL para . CARDINAL ( c ) ( article QUANTITY ) ... must be brought promptly before a judge or other officer authorised by law to exercise judicial power . This never happened in the present case . Indeed the person who remanded the accused in custody , District Attorney J. , is now also prosecutor [ Ankläger ] . \"", "ORG On DATE ORG acquitted PERSON on the ground that she had never been validly summoned to appear as a witness ( vorgeladen PERSON ) , which made her testimony unlawful and inadmissible . The judgment did not refer to the defence argument based on LAW CARDINAL ( article CARDINAL ) of the Convention .", "ORG On appeal ( PERSON ) by the prosecution , ORG ( Obergericht ) of the GPE of GPE fined the applicant MONEY for attempting to give false evidence .", "In its judgment of CARDINAL DATE , the appeal court found that the accused ’s testimony was not unlawfully obtained and could therefore be used in evidence . In addition , it referred to the monitoring of telephone conversations between PERSON and PERSON , carried out by the NORP authorities who had communicated the transcript thereof to the NORP judicial authorities in accordance with the system of mutual assistance in criminal matters . The court inferred from this evidence that the applicant in fact knew PERSON and PERSON", "On the question of the issue raised under LAW para . CARDINAL ( article CARDINAL ) of the LAW , the appeal court said ( translation ) :", "\" Finally , ... the appellant ’s lawyer ’s objection that , on her arrest and in contravention of LAW para . CARDINAL ( article CARDINAL ) of the LAW , the accused was not brought before a judge or other officer authorised by law to exercise judicial power is unfounded . For , according to the case - law of ORG , the GPE District Attorney also exercises judicial power within the meaning of Article CARDINAL para . CARDINAL ( article CARDINAL ) of the Convention at the stage of the investigation ( ORG [ ORG fédéral suisse ] CARDINAL Ia CARDINAL ) . \"", "ORG On DATE ORG ( Kassationsgericht ) of the GPE of GPE dismissed PERSON application for a declaration of nullity ( PERSON ) .", "It took the view that the submission relating to LAW CARDINAL ( article CARDINAL ) could not be taken into account in this instance . If PERSON had wished to challenge the District Attorney on this point , she should have done so during the investigation .", "ORG On DATE PERSON lodged a public - law appeal with ORG . She complained , inter alia , that , notwithstanding LAW CARDINAL ( article CARDINAL ) , the same LOC Attorney had both ordered her detention on remand and drawn up the indictment .", "ORG dismissed the appeal by a judgment of CARDINAL DATE , which was served on DATE . As to the complaint based on LAW CARDINAL ( article CARDINAL ) , it held as follows ( translation ) :", "\" As the appellant has long since been released from detention on remand , she no longer has a current , practical interest in a ruling on [ her ] complaint , for which reason the ORG can no longer deal with it . The objection would in any event be unfounded since both ORG ( ORG CARDINAL Ia CARDINAL et seq . ) and ORG ( the PERSON judgment of CARDINAL DATE ) have declared that at the stage of the investigation the GPE District Attorney qualifies as an ‘ officer authorised by law to exercise judicial power’ within the meaning of Article CARDINAL para . CARDINAL ( article CARDINAL ) of the LAW . \"", "ORG The GPE of GPE is divided into CARDINAL districts , each of which has LOC with CARDINAL or more Attorneys . The status and powers of ORG were laid down in LAW of DATE ( Gerichtsverfassungsgesetz , \" GVG \" ) , which came into force on DATE and which in substance re - enacted the provisions of an Act of DATE .", "Ordinary District Attorneys are elected by universal suffrage for a term of office of DATE ( section CARDINAL ORG ) . If necessary , ORG appoints GPE for a specified period ( sections CARDINAL and CARDINAL ORG ) . Both Ordinary and Special District Attorneys are subordinate to ORG who in turn comes under the authority of ORG and ORG ( NORP ) of the GPE of GPE .", "ORG carry out CARDINAL different functions .", "ORG The investigation ( instruction ) of criminal cases comes within the competence of the prosecuting authorities ( section CARDINAL ORG ) . The District Attorney conducts the investigation except in those cases where it is entrusted by law to ORG or a judge ( LAW ) .", "ORG LOC may make a detention order ( MONEY CARDINAL ORG ) , the grounds for which he must state . He has to hear an arrested suspect within TIME ( FAC ) . During this first interrogation , at which the suspect ’s lawyer is not normally present , the suspect must be clearly informed of the reasons prompting the suspicions held against him ( Article CARDINAL ORG ) and of the existence of a right of appeal against the order ( DATE Circular from ORG ) . Detention on remand ordered by the District Attorney may not exceed DATE ; this period may be extended by the President of ORG or , in cases coming within the jurisdiction of ORG , the President of ORG of ORG ( Article CARDINAL ORG ) .", "ORG In carrying out the investigation , the District Attorney is under a duty to establish both incriminating and exonerating evidence with equal care ( LAW ) .", "ORG LOC is the prosecuting authority before the \" Judge in Criminal Cases \" and before FAC in cases concerning petty offences and misdemeanours ; for the higher cantonal courts ( ORG and ORG - section CARDINAL ORG ) , this function is performed by ORG .", "ORG Unless he finds that there is no case to answer , the District Attorney , or , depending on the seriousness of the offence , ORG , must institute the main proceedings ( GPE ) by drawing up the indictment ( LAW ) . In preparing the indictment , he has to take account of both incriminating and exonerating evidence ( Article CARDINAL para . QUANTITY StPO ) , without setting out the grounds of suspicion or any legal considerations ( Article CARDINAL para . CARDINAL ORG ) .", "The President of ORG , or the President of ORG of ORG , as the case may be , decides whether to accept or reject the indictment ( LAW ) .", "ORG Before the trial court , LOC has the status of a party in the proceedings ( Article CARDINAL para . QUANTITY StPO ) . He assumes the role of prosecuting authority , but is not required to attend the hearing unless the sentence sought exceeds CARDINAL months’ imprisonment or additional investigative measures are ordered .", "ORG Finally , the District Attorney is empowered to issue a punishment order ( Strafbefehl ) if the accused has admitted his guilt and if a fine ( GPE ) or a prison sentence of not DATE is deemed sufficient ( LAW ) ; however , the person concerned is entitled to enter an objection ( ORG ) to the punishment order , as is ORG ( Article CARDINAL StPO ) .", "ORG The combination of the functions of investigation and prosecution has given rise to case - law - at cantonal and federal level - which has recently been confirmed .", "ORG In a judgment of CARDINAL DATE ( ORG Zürich ) , ORG stated as follows ( translation ) :", "\" In this connection , ORG has held that the District Attorney of the GPE of GPE exercises judicial power ( ORG CARDINAL Ia CARDINAL , confirmed by ORG of ORG A no . CARDINAL , ... ; see also ORG CARDINAL Ia CARDINAL ) . However , the appellant considers ... that reference to these precedents is not relevant as in the instant case the District Attorney who had drawn up the indictment was the same as the one who had ordered the arrest .", "This complaint is unfounded . What is decisive is whether at the time of the arrest the decision was taken by an official who satisfied the requirements of LAW para . CARDINAL ( article CARDINAL ) of LAW in other words by an officer who exercised judicial power . This question has been answered in the affirmative by the eminent courts referred to above . This finding that the functions discharged by that officer are compatible with the provisions of the LAW can not subsequently be called in question on the sole ground that , once the investigation has been completed , the GPE Attorney assumes the role of prosecuting authority . The status of this officer at the time of and in relation to the decision to arrest remains the same , and the arrest , initially regarded as being lawful , can not subsequently become unlawful on this sole ground . Furthermore , it is only natural that the District Attorney , as the investigating authority and acting within his powers , should draw up an indictment after the investigation has been completed if he considers that he possesses sufficient evidence of the accused ’s guilt . Nor can it readily be seen what the accused would gain if the indictment had to be drawn up by an officer other than the LOC Attorney who , at the beginning of the investigation , had ordered his arrest . In other words , MONEY DATE para . CARDINAL ( article CARDINAL ) of the LAW is concerned , the fact that the officer who ordered the arrest is the same as the officer who drew up the indictment is not decisive . \"", "ORG On a public - law appeal lodged against the judgment cited in the preceding paragraph , ORG held as follows on DATE ( translation ) :", "\" It has to be recognised that it is possible - as the instant case demonstrates - that the District Attorney may subsequently have occasion to draw up the indictment and even to put the prosecution case before the court . The mere fact that this possibility exists is not , however , decisive in this respect . Firstly , the eventuality can not put in question or negate the Attorney ’s independence from the parties at the time of an arrest . As has been shown , it is far more a matter of looking at the position as it stands at the time when the detention is ordered . Secondly , the possibility in question was held not to be decisive by ORG in its judgment in the PERSON case . In that case it could also have happened that the District Attorney subsequently had to draw up the indictment , since the jurisdiction of ORG at the stage of beginning the investigation or at the time of the arrest had not been established . This eventuality did not , however , prevent ORG from finding that there had been no breach of Article CARDINAL para . CARDINAL ( article CARDINAL ) of the LAW in the PERSON case . That fact likewise shows that the relevant officer ’s independence and impartiality must be considered exclusively at the time of the arrest and not in the light of the mere possibility that he may play a role later in the proceedings and draw up the indictment . \"", "ORG In DATE , CARDINAL District Attorneys in the GPE of GPE dealt with CARDINAL investigations , of which PERCENT resulted in an indictment , PERCENT in the case being discontinued , PERCENT in a punishment order and PERCENT in the referral of the case to a higher court .", "ORG The number of cases in which the District Attorney personally conducted the prosecution in court does not appear in the statistics , but according to the Government it is very low ." ]

[ "5" ]

[ "5-3" ]

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[ "The applicants are NORP nationals , who were born in DATE and DATE , respectively . They reside in the GPE village , GPE . Ms GPE was the second applicant ’s guardian until he reached the age of majority .", "On DATE a bus belonging to ORG No . DATE ( the “ TCK ” ) , in which the second applicant travelled to work , had an accident . As a result of the accident he received multiple injuries which left him with a permanent disability , as established by a medical commission .", "On DATE the ORG of Makeyevka sentenced ORG ( the bus driver responsible for the accident ) to CARDINAL years’ imprisonment following his conviction for an infringement of road traffic regulations which had had grave consequences . The court did not consider the applicants’ claims for pecuniary damage lodged in the course of the criminal proceedings , and advised them to appeal to the civil courts in separate proceedings .", "In DATE the first applicant , the mother and legal representative of the second applicant , lodged complaints on his behalf with ORG against the ORG , seeking compensation for injuries suffered by the second applicant as a result of the accident .", "On DATE the court allowed the ORG claims and ordered the ORG to pay him CARDINAL NORP PERSON ( українські карбованці ) in compensation . Later , ORG quashed this judgment and remitted the case for reconsideration .", "In DATE the second applicant , after reaching the age of majority ( набуття повнолітнього віку ) , lodged his own complaints with ORG against the ORG , seeking compensation for the damage caused by the accident . On DATE the court allowed his claims and ordered the ORG to pay him UAH CARDINAL,CARDINAL in compensation for non - pecuniary damage . Moreover , it fixed a DATE pension of UAH CARDINAL to be paid to him for the period from DATE until DATE . This judgment was not appealed in cassation and became final .", "On DATE the applicants lodged complaints with the Prosecutor of GPE , seeking to institute a supervisory review of the judgment of DATE .", "NORP In DATE the Deputy Prosecutor of GPE lodged a protest with the ORG of ORG , seeking to quash the judgment of DATE . On DATE the ORG quashed this judgment and remitted the case to ORG .", "On DATE the second applicant was declared to be in the “ first group ” of disabled persons ( перша група інвалідності ) .", "On DATE the ORG of Makeyevka allowed the applicants’ petition for a forensic medical examination , suspending the proceedings in the meantime .", "On DATE the forensic medical examination fixed the second applicant ’s loss of work capacity at PERCENT ( з повною втратою працездатності ) .", "In DATE the ORG of Makeyevka re - examined the second applicant ’s petition on the basis of the first applicant ’s claims regarding the recalculation of the amount of compensation . On DATE the court partially allowed the second applicant ’s petition and ordered the ORG to pay him ORG CARDINAL,CARDINAL.CARDINAL in additional compensation . The court also ordered the ORG to pay the second applicant ORG MONEY as a DATE pension for the period from DATE to CARDINAL DATE . The decision was not appealed in cassation and became final . The claims of the first applicant for pecuniary and non - pecuniary damages were rejected as being unsubstantiated .", "On DATE the ORG lawyer lodged a request with ORG , seeking an extension of the deadline for an appeal in cassation against the judgment of CARDINAL DATE . On DATE the court dismissed this request . The applicants appealed further to ORG , which , on DATE , refused to consider the matter due to the applicants’ failure to comply with appeal formalities . The applicants were allowed time until DATE to rectify their mistakes , which they failed to do , according to ORG of GPE decision of CARDINAL DATE , confirmed by ORG on DATE .", "On DATE the applicants lodged a complaint with the Prosecutor of GPE , seeking a supervisory review of the case . In DATE the Deputy Prosecutor of GPE lodged a protest with the ORG of ORG , seeking to quash the judgment of DATE . By a resolution of CARDINAL DATE , the ORG quashed the judgment of DATE and remitted the case for fresh consideration .", "On DATE the ORG of Makeyevka allowed the second applicant ’s claims and ordered the ORG to pay him UAH CARDINAL,CARDINAL.CARDINAL in compensation for non - pecuniary damage . The court also ordered the ORG to pay him a DATE pension of ORG MONEY for the period from DATE until DATE . It rejected the first applicant ’s claims for pecuniary and non - pecuniary damages . The applicants complained in cassation to ORG .", "On DATE the ORG of Makeyevka extended the deadline for lodging the cassation appeal with ORG as the verbatim records of the hearing of DATE were not available to the parties .", "On CARDINAL DATE the applicants lodged a cassation appeal with ORG . On DATE ORG rejected the cassation appeal as it failed to correspond to the appeal formalities , laid down in LAW . The applicants rectified the mistakes and ORG considered the cassation appeal on its merits . On DATE it quashed the judgment of ORG of DATE and remitted the case for fresh consideration . The court also gave a separate ruling regarding the unreasonable length of the proceedings , which they held had been caused by the remittal of the case for fresh consideration on CARDINAL occasions . It also acknowledged the inactivity of the judges dealing with the case .", "On DATE ORG decided to assume jurisdiction over the case as a first instance court . In particular , it took into account the numerous remittals and the lengthiness of the proceedings . The parties were invited to a pre - trial meeting on DATE .", "On DATE ORG decided to hold a hearing on DATE .", "In the course of the hearing , the applicants lodged pleas challenging the judge hearing their case as they considered him biased . These pleas were rejected by the President of ORG on DATE and DATE as being unsubstantiated .", "On DATE ORG ordered a forensic medical examination concerning the second applicant ’s state of health .", "On CARDINAL DATE the ORG lawyer asked for an adjournment of the hearing in the applicants’ case because he had other business commitments . He also complained that the dates were inconvenient for him and , therefore , he could not attend the hearings DATE and DATE . As to his absence from the hearing on DATE , the lawyer maintained that he was not duly informed about it .", "On DATE ORG rejected the applicants’ motion for an additional forensic medical examination concerning the second applicant ’s state of health as being unsubstantiated .", "On DATE ORG allowed the applicants’ claims in part and ordered the ORG and ORG ( the “ SCM ” ) , jointly , to pay the second applicant ORG in compensation . It also ordered them to pay him UAH DATE ( for the period from DATE until DATE ) , a DATE pension of ORG DATE . for external assistance , ORG CARDINAL for the acquisition of a “ Tavriya ” car ( a special vehicle for the disabled ) , UAH CARDINAL for specialised medical treatment ( санаторно-курортне лікування ) and ORG CARDINAL for the purchase of a wheelchair and crutches ( інвалідна коляска та милиці ) . It also rejected the first applicant ’s claims for pecuniary and non - pecuniary damages .", "On DATE the ORG lawyer lodged an appeal with ORG .", "On DATE CARDINAL of the respondents , ORG , lodged an appeal in cassation ( касаційна скарга ) with ORG , seeking to have quashed the ruling of ORG which had awarded compensation for non - pecuniary damage to the second applicant and which , in its view , infringed ORG CARDINAL and CARDINAL of LAW .", "On DATE ORG decided to allocate the ORG cassation appeal to a ORG composed of CARDINAL judges . On DATE ORG rejected the applicants’ petition challenging the composition of this chamber . It also refused to consider the applicants’ appeal on points of fact ( апеляційна скарга ) as it only had jurisdiction to consider appeals in cassation ( касаційна скарга ) on points of law . The case file was remitted to ORG to determine the admissibility of the applicants’ appeal on points of fact .", "On DATE the ORG issued writs of execution for the judgment of DATE .", "On DATE the ORG of Appeal allowed the applicants until DATE to rectify the mistakes in their appeal . On DATE the ORG returned the ORG appeal lodged with ORG , without consideration , as the applicants had failed to rectify the mistakes .", "On DATE FAC initiated the enforcement of the judgment of DATE .", "On DATE the ORG lodged complaints with ORG , seeking suspension of the enforcement proceedings pending the hearing of the case by ORG .", "On DATE the Girnytsky ORG of Makeyevka granted the suspension , in accordance with LAW of the PERSON on enforcement proceedings . On DATE the court rejected the ORG ’s complaints as being unsubstantiated .", "NORP On DATE and DATE , DATE and DATE LOC terminated the enforcement of the judgment DATE in view of its full enforcement .", "On DATE , following the rectification of mistakes in the cassation appeal , ORG transferred the ORG cassation appeal on points of law against its ruling of DATE to ORG for consideration on the merits . In their appeal the applicants challenged the lawfulness of the return of their appeals in cassation by ORG .", "On DATE the civil chamber of ORG rejected the ORG cassation appeal against the ruling of CARDINAL DATE as the applicants had failed to comply with the ruling of ORG of DATE , allowing them time to rectify the shortcomings in their appeal in cassation .", "On DATE the civil chamber of ORG , composed of CARDINAL judges , rejected the ORG ’s cassation appeal lodged against the judgment of DATE as unsubstantiated . The ruling of ORG was final and not subject to appeal .", "The relevant provisions of the LAW of GPE provide as follows :", "“ ... The main principles of judicial proceedings are :", "CARDINAL ) NORP legality ; ...", "CARDINAL) ensuring complaints against court decisions by way of appeal and cassation , except in cases finalised by law ;", "CARDINAL ) NORP the mandatory nature of court decisions .", "The law may also determine other principles of judicial procedure in courts of specific jurisdiction . ”", "The relevant provisions of the Law of DATE read as follows :" ]

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[ "Mr H. , a NORP citizen born in DATE , lives at Vandoeuvre ( Meurthe - et - GPE ) . In DATE he entered the teaching profession as a primary - school supply teacher and worked continuously until DATE .", "ORG In DATE Mr H. went to ORG , taking with him a letter of introduction from his general practitioner to Professor PERSON , the head of the neurological clinic . As Professor PERSON did not hold a surgery on DATE in question , PERSON was examined in the neurological clinic by PERSON , the doctor in charge of \" Department CARDINAL \" of the psychiatric clinic . PERSON allegedly assured him that his problems were \" not very serious \" but apparently advised him to enter hospital for \" a fortnight at most \" in order for the doctor to get to know him better .", "The general practitioner ’s letter and the report of this first examination are said to have disappeared from PERSON hospital file .", "ORG On DATE , on PERSON recommendation but without having been ordered by him to stop work , PERSON , who was unaccompanied , reported to the neurological clinic at ORG for observation , thinking that he would be in hospital for DATE and of his own free will . He allegedly waited for a house physician for TIME and was then placed in \" Department CARDINAL \" . The admission notes read as follows :", "\" Presented himself alone at TIME Being treated by Dr PERSON and seen by PERSON . ‘ I do n’t feel right , I do n’t know what ’s wrong with me . I ’m depressed.’ has been for DATE . asthenia , difficulties with work . no interest in anything . ( Limited answers , difficulties expressing himself . ) Has worked withouta break until DATE . unmarried . lives with his parents at ORG . Referred to CARDINALB. \"", "The applicant claims that the comments on an interview of DATE have been antedated and that the pages of his file covering the period from DATE to DATE have vanished .", "ORG On DATE Professor ORG , the head of the psychiatric clinic , diagnosed the applicant as suffering from schizophrenia with developing symptoms of catatonia ( a state of motor and mental inertia ) and prescribed narcoanalysis , i.e. an investigation of the subject ’s unconscious after he has been put into a sleeplike state . This was allegedly the only occasion on which he examined PERSON TIME before a large group of students , at a time when PERSON was already being treated with neuroleptic drugs .", "ORG On DATE a house physician , PERSON , instead of carrying out the narcoanalysis prescribed DATE , gave PERSON an intravenous injection of an unspecified dose of \" Maxiton \" dexamphetamine , which caused \" amphetamine shock \" .", "In so doing , he acted , so the applicant alleges , without either a prior examination or PERSON consent , on a purely experimental basis , in public and without the knowledge even of the CARDINAL persons primarily responsible for \" Department CARDINAL \" , PERSON and PERSON .", "The injection allegedly brought about something akin to a myocardial infarction together with violent muscular contractions and hysterical fits , of which the applicant immediately complained , as appears from the medical file .", "Mr H. further claims that PERSON , who was on leave at the time , had promised him that no treatment would be given him without his ( Mr H. ’s ) consent ; the doctor is said not to have learned what had happened until he returned .", "In an article entitled \" Methods of inducing shock ( other than ECT and Sakel ’s method ) \" , published in DATE in the ORG médico - chirurgicale , PERSON and PERSON wrote , under the heading \" Amphetamine shock \" :", "\" ...", "This treatment should not be given to patients with weak cardiovascular systems or to those suffering from hypertension , coronary disease or atheroma .", "...", "Catatonic symptoms are generally worsened in certain schizophrenics , and may even make their first appearance after amphetamine shock .", "...", "There is lasting therapeutic benefit in comparatively few cases .", "... \"", "ORG After spending CARDINAL and a half months in \" Department CARDINAL \" , PERSON left hospital on DATE . He claims to have resumed work as a primary - school teacher the very DATE - although it was only with the greatest difficulty that he managed to remain up - in order that the holidays should not be counted as sick leave and for fear of being transferred to \" another institution \" .", "ORG On DATE he received a letter from a school doctor requesting him to undergo a medical examination on DATE . The doctor decided that PERSON condition made it necessary for him to go on sick leave , and this began DATE . On DATE a ORG medical board studied his file and took a \" decision to remove \" , which was upheld on appeal on DATE .", "PERSON name was subsequently taken off the list of supply teachers in the département , with effect from DATE .", "ORG On DATE ORG of the départements of ORG , ORG and GPE informed the applicant that he had been registered with effect from DATE as a Category CARDINAL disabled person ( \" capable of performing paid work \" - PERCENT disablement ) . After a further medical examination on DATE , he was registered as a Category CARDINAL disabled person ( \" wholly unable to perform any work \" - PERCENT disablement ) , and remained in that category until DATE , his registration being renewed in DATE .", "From DATE until DATE he did not receive his pension , as a medical examination on DATE had shown that the extent of his disablement had dropped to PERCENT . Since DATE he has again been receiving a LAW pension .", "Mr H. allegedly learned from a letter of CARDINAL DATE written by Professor PERSON that the drug injected by the house physician in DATE was not a \" powerful tonic \" , as he had been told at the time , but an amphetamine . He claims that in DATE he asked ORG to disclose his medical file and that his request was refused .", "ORG On DATE he applied to the appropriate office of ORG for legal aid . He was granted this on DATE , on the grounds that legal representation was compulsory in ORG and that that court would probably order investigative measures . The sum ordered to be paid out of public funds for the expenses and fees of the lawyer appointed was CARDINAL FF .", "ORG On DATE , at the request of his lawyer , PERSON obtained a medical certificate from PERSON , the general practitioner who had been treating him since DATE . It read as follows :", "\" I , the undersigned , certify that Mr H ... , aged DATE , a graduate in ORG ) , has been treated by me for DATE for the following complaints : Extreme liability to physical and mental fatigue with major dystonic consequences , feelings of loss of concentration and of speech disturbances associated with feelings of paralysis on the left side of the body .", "These complaints are reflected objectively in electroencephalographic disturbances , which were clearly shown up in DATE :", "‘ Irregular electrical activity combining a moderate number of unstable alpha waves with numerous irregular theta - delta potentials and with anterior and posterior bilateral spikes , aspects increased by hyperpn÷a with strong photic stimulation.’ PERSON .", "At times , complete physical prostration with depressive ideas , weariness of life , painful sensations of mental blankness with pressing need to be alone and even to take to his bed .", "These various complaints currently make any gainful activity impossible .", "Mr H ... ’s extreme tendency to physical and mental fatigue makes it impossible for him to work to any regular pattern or to be at all productive , he very quickly feels rejected by any working teams he tries to be part of , and he feels such rejection very keenly .", "The problems reportedly go back to about DATE , but PERSON ... claims that they grew markedly worse in DATE while he was in ORG psychiatric clinic and PERSON attributes this worsening to the pernicious effect of an intravenous amphetamine injection he received during his stay in that clinic .", "This certificate has been given to [ Mr H. ] in person and at his request , for the appropriate legal purposes .", "This certificate may not be used in court proceedings . \"", "Although intended solely for the lawyer , this document was nonetheless given by the latter to ORG .", "ORG On DATE Mr F. took out a writ against the hospital , returnable at ORG , with a view to having the hospital declared liable for the harmful consequences of the intravenous amphetamine injection . He asked the court :", "\" Before giving judgment : [ to ] appoint a specialist doctor [ as ] an expert with instructions to examine the plaintiff , obtain all documents , interview all persons able to give information , give an opinion on the physical damage sustained by the plaintiff and generally carry out the instructions given him by the court . \"", "On DATE the court served the writ and statement of claim on the hospital .", "ORG The hospital instructed a lawyer on DATE and filed CARDINAL pages of defence pleadings on DATE . It conceded that PERSON had indeed been given an amphetamine injection in DATE but resisted the claim on the ground that it was time - barred under the special statutory limitation period of DATE for actions against public bodies and further argued that \" the complaints regarding the treatment received [ were ] quite absurd and manifestly due to an insufficiently stable mental state \" .", "The court served the pleadings on Mr F. on CARDINAL DATE .", "ORG After CARDINAL reminders from the court - dated DATE and CARDINAL DATE - , PERSON produced his pleadings in reply on DATE . He sought a determination of \" the hospital ’s negligence \" , \" the disablement suffered by the plaintiff \" and \" the causal link between the hospital ’s negligence and this disablement \" , and to that end he earnestly requested that the court should appoint an expert .", "Mr H. moved house in DATE and again in DATE , after obtaining a council flat . On each occasion he informed his lawyer .", "ORG On CARDINAL DATE the court asked PERSON to advise it of PERSON social - security number and of the office with which he was registered . PERSON DATE , on DATE , after a reminder dated DATE . He had notified PERSON of the request on DATE and again on DATE , and PERSON had given him the requisite information .", "On DATE the court asked PERSON for this information again . According to the ORG , this was a mistake on the part of the registry , which had probably lost or misfiled the letter of DATE ; moreover , when telephoned by the court , PERSON had allegedly said that he did not have the information in question and was not able to provide it straightaway because his client was refusing to give it to him . It is not clear from the evidence at what juncture the court registry realised that it was pointless to persist in asking for information it already had .", "ORG On DATE ORG informed ORG that it did not intend to intervene in the case .", "ORG On DATE the court summoned the parties to a hearing on DATE .", "ORG DATE before the hearing , on DATE , the hospital submitted their final pleadings . They were not served either on Mr F. or on PERSON As PERSON considered that his presence was unnecessary since the proceedings were in written form , he did not appear and was therefore unable to reply to these pleadings , whereas Mr L. appeared for the defendant .", "ORG On DATE of the hearing , ORG asked the court for PERSON address , notwithstanding that according to PERSON it had been paying him his disablement pension since DATE and that he had not changed address since DATE .", "ORG dismissed the action on CARDINAL DATE , for the following reasons :", "\" Even supposing that a worsening of Mr H ... ’s condition was observed in DATE , the evidence - and in particular the medical certificate produced - does not establish that this was attributable to the intravenous injection received in DATE ; consequently , in the absence of any causal link between the injection complained of and the alleged damage , and seeing that such a link can not in this instance be presumed , PERSON ... has no grounds for seeking to establish the hospital ’s liability ; ... it follows that his application for an expert to be appointed to assess the extent of the damage suffered must be dismissed . \"", "ORG On DATE the court served the judgment on the applicant by registered letter with recorded delivery , but ORG returned the letter marked \" not known at this address \" .", "On DATE the court asked PERSON to give it PERSON new address . The lawyer replied on DATE that he did not know it . On DATE , the court attempted to serve the judgment on the applicant through a court bailiff .", "ORG Concerned at the length of the proceedings , PERSON telephoned the ORG registry on DATE . He learned that the court had given judgment on CARDINAL May and he immediately gave his address ; he received a copy of the judgment on DATE .", "ORG On DATE wrote to the leader of ORG , to complain of the shortcomings on the part of the lawyer who had been assigned to him by ORG . In particular , he blamed Mr F. for always losing his address , for not having informed him of the date of the hearing and for not having appeared in court on DATE .", "After interviewing PERSON , the leader of the Bar disposed of the complaint in a letter dated DATE , in which he endorsed PERSON explanation , namely that he had seen no point in appearing at the hearing because the proceedings were essentially in written form and were designed , in the first instance , to secure the appointment of an expert on the basis of \" medical certificates which [ had ] been submitted to the court \" .", "Mr H. appealed to the ORG d’État on DATE by lodging pleadings and a file . He asked whether he could argue his own case and , if not , what he should do to secure the assistance of a lawyer and the appointment of a medical expert , which he maintained was essential .", "ORG On DATE the Secretary of ORG of the ORG d’État acknowledged receipt of the appeal , which had been registered in the registry on DATE .", "On DATE he again wrote to PERSON , to tell him that an application such as his was not exempt from the requirement that he should be represented by a lawyer , and that he had DATE in which to apply for legal aid .", "On DATE made an application for legal aid , requesting the assignment of a lawyer who was genuinely willing to represent him ; this was so that he could be sure that his interests would be defended conscientiously .", "ORG By a decision of CARDINAL DATE , notified on DATE , ORG at the ORG d’État granted PERSON legal aid , setting the amount to be paid to the lawyer at CARDINAL FF .", "The lawyer , PERSON , was appointed by the leader of the Bar on DATE and contacted PERSON on DATE .", "ORG The applicant forwarded to the PERSON d’État a certificate issued by PERSON on DATE , which read as follows :", "\" I , the undersigned PERSON , hereby certify that I have been treating PERSON ... for DATE and that on CARDINAL.CARDINAL.CARDINAL I gave him a medical certificate for his lawyer , purely for information purposes and in confidence .", "This certificate bore the words : ‘ THIS CERTIFICATE MAY NOT BE USED IN COURT PROCEEDINGS’ , followed by my signature", "Despite being formally so marked , the certificate was made use of by ORG , and moreover as evidence against PERSON ...", "The use made of the certificate is clearly indicated in the report of the judgment , which states :", "‘ The evidence - and in particular the medical certificate produced - does not establish that this was attributable to the intravenous injection received in CARDINAL ...", "... ‘ it follows that his application for an expert to be appointed to assess the extent of the damage suffered must be dismissed’ ...", "Accordingly , it seems to me that Mr H ... is fully entitled to appeal against a judgment based largely on a medical certificate which was not officially admissible .", "I , the undersigned , hereby certify that on CARDINAL.CARDINAL.CARDINAL , a medical opinion was indeed essential , as it still is DATE , in order to study the course of PERSON ... ’s illness before and after the treatment given him by ORG .", "In support of my certificate , I would cite a letter sent to PERSON ... on DATE by Professor PERSON , the doctor in charge of the department in which Mr H ... was treated .", "In that letter Professor PERSON wrote :", "‘ The hospital ’s regulations do not allow me to send you your medical file . But if a doctor or an expert wishes to inspect it , we will make it available to him in its ORG", "Mr H ... has shown me this letter and is willing to make it available to the ORG d’État .", "Lastly , I , the undersigned , hereby certify that the reason why in DATE I did not give PERSON ... a certificate which could be used in legal proceedings was that I thought that under the legal - aid scheme and without a judgment of the court it was possible for PERSON ... ’s lawyer to request an expert medical opinion on his own initiative which would be paid for direct by the legal - aid fund , in view of his client ’s financial difficulties at the time .", "It appears that this was not possible , but I , the undersigned , hereby certify that I was not informed of this before the GPE court ’s judgment . Otherwise I would obviously have advised PERSON ... to try to finance for himself an authoritative expert medical opinion which he could have submitted to the GPE court with his file .", "Steps must therefore be taken to ensure that a similar situation does not arise again and I have therefore advised PERSON to ask the PERSON d’État for the list of medical experts from which he could choose an expert who might agree to draw up an opinion in defence of PERSON ... ’s medical interests before the ORG d’État , provided that the fees of these experts remain within limits compatible with PERSON ’s current resources if he is required to pay these fees himself .", "I shall be able to give this expert all the medical information known to me in connection with this case , medical information which it is impossible for me to set out and discuss here , even in summary form , as part of this certificate .", "Lastly , I certify that Mr H ... ’s current position is much the same as in DATE as regards both his state of health and his financial resources , and that consequently it will be only with the greatest difficulty that he will be able to take the measures necessary for the preparation of the file for his appeal to the ORG d’État .", "PERSON , CARDINAL.XI.CARDINAL", "This certificate has been given to [ Mr H. ] for the appropriate legal purposes .", "THIS CERTIFICATE MAY BE USED IN COURT PROCEEDINGS . \"", "ORG After unsuccessfully asking several doctors to go through his medical file at ORG , PERSON approached PERSON , a radiologist in Schiltigheim , who agreed and was appointed for the purpose on DATE . Professor PERSON consented to the inspection , stating that the file would be made available TIME", "The applicant claims that on CARDINAL DATE PERSON was given access only to a \" falsified and truncated \" file ( see paragraphs CARDINAL and DATE in fine above ) and was allowed to photocopy CARDINAL pages of it .", "On DATE PERSON drew up a CARDINAL - page report with several appendices . In it he concluded inter alia :", "\" It can be stated that had PERSON ... been treated less drastically , without the use of this highly dangerous drug , which destroys the physiology of the brain , he would have stood a good chance of leading a normal life , of being able to work and to earn his living instead of leading the life of an invalid .", "ORG should therefore be required to compensate him . \"", "PERSON produced this report to the ORG d’État . He states that it did not have the status of a medical opinion by a court expert as PERSON had not personally examined him and had only been able to study the file made available by the hospital .", "ORG On DATE PERSON filed supplementary pleadings seeking the appointment of an expert who would assess the extent of the damage suffered and , if necessary , would establish the causal link between the injection complained of and the state of PERSON health .", "On DATE the presiding judge of ORG ordered that these pleadings should be served on the hospital and ORG .", "On DATE the hospital produced its defence pleadings , in which it relied in particular on the special DATE limitation period for actions against public bodies . ORG filed pleadings on DATE in which it expressed the following opinion :", "\" As is pointed out in ORG defence pleadings of DATE , the decisions on the presumption of imputability associated with a presumption of negligence constitute an exception and they all relate to cases in which the consequences of a given treatment are so incommensurate with what would normally be foreseeable that they suggest professional negligence .", "This is not so in the instant case . The treatment given in DATE was carried out in accordance with proper practice and it is difficult to suppose that an injection administered in DATE could have had consequences that did not become apparent until DATE , seeing that the patient had had problems as far back as DATE , even though in DATE he did have to be struck off the list of supply teachers in the département after an opinion had been given by a medical board . As ORG rightly recognised , the causal link between the injection and the damage relied on is wholly unsubstantiated .", "... \"", "PERSON in writing on DATE , asking the PERSON d’État to \" order an expert to be appointed to assess the extent of the damage suffered and possibly establish the causal link between the intravenous injection administered in DATE and the state of PERSON ’s health \" .", "The applicant asserts that in DATE he again ( see paragraph CARDINAL above ) asked the hospital for access to his medical file , and that this was refused .", "ORG At the PERSON d’État hearing on DATE , Mr PERSON , a Government Commissioner ( commissaire du ORG ) , made the following submissions :", "\" Mr H ... , who was born in DATE and at the material time was a primary - school teacher , was admitted on DATE to the psychiatric clinic of ORG suffering from depression . On DATE ‘ amphetamine ORG treatment was administered . This consists in an injection of amphetamine - in this instance ‘ ORG [ dexamphetamine ] - designed to overcome the patient ’s emotional and affective inhibitions , thereby facilitating analysis of his psychological problems . In PERSON ... ’s case this procedure caused what the doctors described as an ‘ aggressive and anxious’ reaction , and PERSON ... complained of various problems . He left hospital on DATE , however , and apparently went back to work . He was again placed on sick leave from DATE and then on DATE his name was removed from the list of primary - school teachers for the département .", "In DATE after his stay in hospital - Mr H ... asked ORG to compensate him for the harmful consequences of the amphetamine injection he had been given in DATE , consequences which he alleged had not become apparent until DATE . When the hospital refused , [ Mr H. ] brought an action in ORG to have the hospital declared liable and an expert appointed in order to assess the extent of the damage caused . In a judgment of [ CARDINAL ] DATE the court dismissed the action , [ pointing out ] that there was no causal link between the amphetamine injection complained of and the alleged deterioration in PERSON ... ’s health in DATE . Mr H ... is appealing against that judgment .", "I consider that ORG was right in finding that a causal link had not been established . Admittedly , the very scanty evidence on which its decision was based has been supplemented , on appeal , by the medical file opened by the hospital in DATE and by a very well researched report . But it does not enable a real causal link to be established . The evidence shows that :", "( a ) the appellant ’s psychological problems date back to before his admission to hospital in DATE ;", "( b ) while he complained of real problems after the injection administered on DATE , the hospital carried out the necessary tests ( electrocardiogram , biological tests ) ;", "( c ) when he left hospital on DATE , his state of health had improved , since he wished to return to work ;", "( d ) his state of health seems to have worsened more particularly in DATE , as he was removed from the list of primary - school teachers and again admitted to hospital ;", "( e ) in DATE , however , ORG found him PERCENT incapacitated for work and discontinued payment of his disablement pension , which was restored in DATE .", "PERSON , who was consulted by the applicant ’s medical adviser , wrote : ‘ A single dose of amphetamine , however large , can only decompensate but not cause psychological disturbance . No one can say whether in any case your patient ’s psychosis [ would ] not [ have ] been decompensated at a later date.’", "In these circumstances , I do not consider that a causal link has been established or that the presumptions relied on are sufficient to justify ordering the expert opinion applied for .", "Contrary to the appellant ’s submission , a causal link can not be presumed . Admittedly , in our case - law negligence in the organisation or functioning of a hospital is presumed where a common , mild form of treatment - in particular an injection - has caused particularly serious health problems ( DATE , ORG , page CARDINAL , and a great many decisions : CARDINAL DATE , ORG v. PERSON , page CARDINAL ; CARDINAL DATE , ORG , page CARDINAL ; DATE , ORG v. PERSON , page CARDINAL ; CARDINAL DATE , PERSON , ORG , page CARDINAL ; CARDINAL DATE , ORG , page CARDINAL ) . But in all these decisions it was noted at the outset that there was a direct relation of cause and effect between the treatment complained of and the damage relied on : it is the negligence which is presumed and not the imputability of the damage .", "I believe that accordingly you can not but dismiss PERSON ... ’s appeal and affirm ORG judgment , without needing , it seems to me , to express a view either on the negligence alleged against the hospital or on the DATE limitation period on which the hospital relies .", "( CARDINAL ) As regards the first of those points , I do not think it possible to say that the use of the ‘ amphetamine shock’ technique amounted , in DATE , to gross negligence , even though that technique has apparently now been superseded . Nor would it seem that special tests should have been carried out before it was used . On the other hand , I think that such a technique could not be used , even in the case of psychiatric treatment , without the patient ’s consent ( J. , DATE , PERSON , page CARDINAL ; DATE , ORG , page CARDINAL ) . The appellant , however , states - and it was not denied - that he was not told about the treatment .", "( CARDINAL ) As to the DATE limitation period , the hospital could in any event only rely on it in respect of part of PERSON ’s claim , since the alleged damage is continuing damage and the date on which it stabilised has not been determined ( J. , DATE , PERSON , page CARDINAL ) .", "For these reasons I submit that PERSON appeal must be dismissed . \"", "ORG On DATE the ORG d’État gave the following judgment :", "\" The PERSON d’État , sitting in its judicial capacity , ( ORG , CARDINALrd and CARDINALth sections combined ) ,", "...", "It is unnecessary to express a view on the hospital ’s objection that the action is time - barred under the DATE limitation period .", "Mr H ... was admitted to the psychiatric clinic of ORG in DATE ; he claims that treatment received on that occasion - and , in particular , an intravenous amphetamine injection administered on DATE - caused a deterioration in the state of his health and led to a permanent disruption of his life .", "It appears from the preliminary examination of the case and the evidence before us that there is no direct relation of cause and effect between the alleged deterioration in the appellant ’s health and the treatment he underwent at ORG in DATE .", "The court below was accordingly right in dismissing the appellant ’s action against the hospital and his application for an expert to be appointed both to establish the links between the treatment and the alleged damage and to assess the latter ’s extent .", "DECIDES AS FOLLOWS :", "Mr H ... ’s appeal is dismissed .", "This decision shall be served on Mr H ... , ORG and ORG . \"", "The judgment was served on DATE .", "ORG On DATE wrote to the leader of the Bar of avocats practising at the ORG d’État and ORG to complain that he had been badly represented . In particular , he criticised PERSON for having never allowed him to speak to him directly before the hearing , for having avoided any dialogue \" because he [ was ] legally aided and it would be detrimental to [ his ] case \" , and for having refused to tell him of the date of the hearing and to send him the file , thereby preventing him from adding to it .", "In a letter of DATE the leader of the ORG replied that he did not intend taking up each of his complaints , as they mostly showed his \" ignorance of administrative procedure and its characteristic features \" ." ]

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[ "The applicants , all NORP nationals , are :", "( i. ) Mr PERSON , born in DATE and resident in GPE , both as the owner of the real properties GPE CARDINAL:CARDINAL and PERSON in ORG and as Chairman of the ORG fishing association ;", "( ii . ) Mr PERSON , born in DATE and resident in GPE , both as the owner of the real property PERSON CARDINAL:CARDINAL in Armassaari and as Chairman of the LAW fishing association ;", "( iii . ) Mr PERSON , born in DATE and resident in GPE , both as owner of the real property PERSON in PERSON and as Chairman of the PERSON fishing association ;", "( iv . ) Mr PERSON , born in DATE and resident in GPE , both as owner of the real properties ORG and Kaivosoja CARDINAL in ORG and as Secretary to the GPE fishing association ;", "( v. ) PERSON , born in DATE and resident in GPE , both as owner of the real property ORG CARDINAL:CARDINAL in ORG and as Chairman of the PERSON whitefish fishing association ;", "( vi . ) Mr PERSON , born in DATE and resident in ORG , both as owner of the real property Kaishannu CARDINAL:CARDINAL and as Chairman of the NORP fishing association ;", "( vii . ) PERSON , born in DATE and resident in GPE , both as owner of the real properties PERSON , PERSON , GPE CARDINAL:CARDINAL and Paavola CARDINAL:CARDINAL in Pirkkiö and as Chairman of the NORP association for joint ownership ;", "( viii . ) PERSON , born in DATE and resident in GPE , both as owner of the real property PERSON and as Chairman of the NORP association for joint ownership ;", "( ix . ) Mr PERSON , born in DATE and resident in ORG , both as owner of the real property Rantalahti CARDINAL:CARDINAL in Laivaniemi and as Chairman of the ORG association for joint ownership ;", "( x. ) Mr PERSON , born in DATE and resident in ORG , both as owner of the real property Stark CARDINAL in PERSON and as Chairman of the PERSON fishing association and the PERSON association for joint ownership .", "The applicants are owners of water areas , or are fishermen , in LOC . They are also elected representatives of their respective local fishing co - operative ( kalastuskunta , fiskelag ) or association for joint ownership ( jakokunta , osakaskunta ; samfällighet , delägarlag ) .", "By decision of DATE and in application of ORG ( kalastussääntö , fiskestadgan ) for LOC ( ORG / ORG älv ) Area , the NORP - Swedish ORG ( suomalais - ruotsalainen rajajokikomissio , finsk - svenska gränsälvskommissionen ) prohibited inter alia all fishing of salmon and sea trout in the relevant waters in the open sea during DATE and DATE . Fishing other species in the relevant sea area with fixed equipment was prohibited during the periods CARDINAL May-CARDINAL DATE and CARDINAL May-CARDINAL DATE . ORG further prohibited all fishing of salmon and sea trout in the river area , except for fishing with hand - held equipment which was authorised on DATE during the period CARDINAL May-CARDINAL DATE and CARDINAL May-CARDINAL DATE . With some minor exceptions , all fishing in the river area was prohibited during the periods CARDINAL September-CARDINAL DATE and DATE .", "The DATE 's decision was announced publicly on DATE .", "The Fishing Regulation was issued following the enactment of Act no . CARDINAL incorporating the NORP - Swedish Frontier Rivers Agreement ( as far as GPE was concerned ) . A subsequent agreement to amend Annex B of the Agreement was incorporated into NORP law by Decree no . CARDINAL/CARDINAL , entitling ORG to decide on the protection of a particular fish species or on the prohibition or restriction of fishing with equipment which had proved harmful for the species either in the entire fishing area or in a specific part thereof , provided such a measure was deemed necessary for the preservation of the species in question for a maximum period of DATE at a time ( section CARDINAL , subsection CARDINAL of the Regulation ) .", "The applicants indicated at paragraph CARDINAL(x . ) above received FIM CARDINAL ( EUR CARDINAL,CARDINAL.CARDINAL ) in compensation paid out of the supplementary ORG budget for DATE with a view to covering economic losses which they suffered during the DATE due to the restrictions imposed by ORG . The relevant Government decision ( no . CARDINAL ) was applicable to professional fishermen fishing in the sea area adjacent to the ORG river .", "Meanwhile , on DATE ORG ( högsta domstolen ) dismissed charges concerning fishing in violation of the prohibition which ORG had imposed on fishing with certain equipment . ORG held that the ORG 's order issued by virtue of section CARDINAL , subsection CARDINAL of ORG could not be applied , since LAW had not been brought into force and implemented as required by LAW , namely by LAW ( decision No . DB CARDINAL ; ORG DATE p. CARDINAL ) .", "At DATE GPE and GPE declared that certain provisions of ORG , including section CARDINAL , subsection CARDINAL of the Regulation , should not be applied .", "Thereafter GPE enacted GPE in LOC ( CARDINAL ) which entered into force on DATE . The LAW entitles ORG to issue rules concerning fishing on the NORP side of the ORG river . A decision to that effect ( CARDINAL ) entered into force at the same time as the LAW . The decision was essentially identical to ORG decision of CARDINAL DATE . In DATE the ORG issued a new decision ( CARDINAL/CARDINAL ) .", "Meanwhile , on DATE ORG ( GPE ) found that the sections of LAW concerning prohibited fishing equipment and applicable sanctions fell within the scope of the legislation . As Annex B ( containing LAW ) had been brought into force by a Decree , ORG decided not to apply certain sections of the LAW by virtue of section CARDINAL , subsection CARDINAL of LAW ( NORP hallitusmuoto , PERSON för GPE , CARDINAL ) which was in force at the material time ( decisions CARDINAL . CARDINAL - CARDINAL ) .", "On DATE ORG ( korkein hallinto - oikeus , högsta förvaltningsdomstolen ) dismissed a request lodged by , among others , the associations represented by applicants listed at paragraph CARDINAL . ) above , and whereby they sought to have ORG decision of DATE annulled . The associations had argued that the decision was contrary to the LAW and ordinary law ( including LAW as incorporated ) . Furthermore , the Commission had allegedly failed to hear the associations in a matter affecting the civil rights both of individual owners of fishing waters and of fishermen entitled to the continued enjoyment of the compensation in natura which had been awarded by ORG in DATE . The applicants did not request an oral hearing before ORG .", "In its submissions to ORG had stated , inter alia , that it was hardly for an organ established by a bilateral agreement to examine whether LAW contravened LAW . The fishing restriction addressed in the annulment request had been imposed of ORG own motion after it had afforded the known parties an opportunity to comment in writing on the fishing restrictions proposed by the NORP and the NORP expert whom ORG was regularly consulting . According to the dispatching list , all those who had sought an annulment – except for the ORG association for joint ownership ( the applicants at paragraph CARDINAL(ix . ) above ) DATE had been so consulted and had also commented on the proposal . The nature of the matter had not been such that an oral hearing could have been expected to further the examination thereof .", "ORG further opined that the prohibition in question had only concerned salmon and trout and had been consistent with the restriction imposed simultaneously in respect of the NORP coastal waters . Moreover , as the ORG 's decision of DATE was to be considered administrative in nature , LAW did not provide for any ordinary appeal against it , nor for any extraordinary remedy .", "ORG had also obtained opinions on the annulment request from ORG and ORG . The applicants had commented on the aforementioned CARDINAL opinions .", "In its decision ORG held :", "\" The Frontier Rivers Agreement between GPE and GPE , annex B of it being LAW for the LOC fishing area , has been incorporated by law no CARDINAL/CARDINAL .", "Article CARDINAL of chapter CARDINAL of ORG ordains that , unless there are other special provisions in the LAW , the applicable law in each ORG is the law in force in that ORG . With regard to the above , the national LAW is applicable where LOC does not contain special provisions on fishing .", "According to paragraph CARDINAL , subsection CARDINAL of LAW , the LAW and the LAW issued on the basis of the LAW are applied also to waters located at the frontier of a ORG , unless there are provisions stating otherwise that are based on a contract with another ORG . Paragraph CARDINAL , subsection CARDINAL ordains , that when an international agreement binding on GPE or the preservation of fish stocks so requires , a decree can be used to bring into force provisions regarding the fishing or catching of seafood by NORP nationals outside NORP waters . On the basis of subsection CARDINAL of the same paragraph the decree may also , if an agreement referred to in subsection CARDINAL so requires or for another reason , contain provisions regarding restrictions on catching within or outside NORP waters .", "A subsection CARDINAL has been added to paragraph CARDINAL of ORG for the LOC area on the basis of an agreement with GPE , incorporated with decree no PERSON , amending annex B of ORG . According to subsection CARDINAL , ORG may protect by law a species of fish or limit the use of a trap that has proven harmful , either for the entire fishing area or a part of it , if this is necessary for preserving the species in question , for DATE at a time . With regard to the above - mentioned paragraph CARDINAL of LAW , the said addition of subsection CARDINAL to paragraph CARDINAL of ORG could be brought into force with a decree .", "It appears from the documents that a reply to the proposal by ORG concerning fishing restrictions for DATE and DATE was submitted in writing on DATE by inter alia the FAC fishing association , the NORP fishing association , the ORG fishing association , which on the basis of paragraph CARDINAL of LAW acts as legal representative in matters concerning the LOC area and the common special prerogative , as well as by the NORP fishing association and certain other associations . Considering the fact that the decision of ORG was issued on DATE , all the applicants for annulment have been aware of the pending project and have had the opportunity to make known their opinions on the matter before it was decided .", "LAW , paragraph CARDINAL , subsection CARDINAL of LAW ordains , that if building in the waterways causes the fish or fishing apparent harm , the permit - holder should be charged with the duty to take action to prevent or reduce damage to the fish and fishing as well as , if needed , to monitor the results of his action in the water area where damage has also been done ( fish preservation duty ) . Such action may consist , according to the nature of the building and its effects , inter alia of planting fish stocks . According to chapter CARDINAL , paragraph CARDINALa subsection CARDINAL the same duty may be imposed on the holder of a permit .", "The purpose of the above - mentioned fish preservation duty is not primarily to ensure certain amounts of catch , but to ensure the preservation of stocks of fish , which has also been the aim of the decision by ORG concerning the prohibition on the fishing of salmon and trout . The decision of ORG does not invalidate the aim of restocking obligations in the way presented in the annulment application . The purpose of the decision is to strengthen fish stocks and thus ensure fishing opportunities in the future . The decision of ORG can not on the grounds specified in the annulment application be held to be contrary to LAW .", "On the basis of the above , the decision sought to be annulled is not based on manifestly incorrect application of the law or a ( procedural ) error that might have fundamentally affected the decision . Neither does the application contain any other annulment ground mentioned in paragraph CARDINAL of LAW . \"", "Informal negotiations between GPE and GPE on further amendments to the Agreement began in DATE .", "NORP In a judgment of DATE ORG ordered the ORG to compensate fishermen for economic losses suffered as a result of the fishing restrictions imposed in the LOC river area on the basis of ORG at the time when it had been implemented by a Government Decree delegating to ORG , without a basis in an ORG , the power to restrict fishing ( case no . T CARDINAL - CARDINAL ) .", "According to LAW , as in force up to DATE , everyone was to be equal before the law and his or her property was to be protected ( sections CARDINAL and CARDINAL ) . A judge or other official was under an obligation not to apply a provision in a Decree which conflicted with constitutional or other laws of ORG ( section CARDINAL , subsection CARDINAL ) . The LAW has been incorporated into NORP law by an ORG with the status of ordinary law ( CARDINAL/CARDINAL ) .", "Under LAW anyone who had suffered an infringement of his rights , or damage , through an illegal act or negligence on the part of a civil servant was entitled to demand that the civil servant be convicted and held liable for damages , or to report him for the purpose of having charges brought ( section CARDINAL , subsection CARDINAL ) . A similar provision appears in section CARDINAL , subsection CARDINAL , of LAW ( NORP perustuslaki , PERSON grundlag CARDINAL/CARDINAL ) . LAW ( “ Basic rights and liberties ” ) of LAW was amended by Act no . CARDINAL which entered into force on DATE . The new LAW includes , inter alia , the right to property ( section CARDINAL ; as from DATE section CARDINAL ) and has been incorporated as such into LAW . Under LAW a court of law shall give primacy to a provision therein , if the application of a provision of ordinary law would be in evident conflict with LAW . If a provision in a Decree or any other statute of lower rank than an Act of Parliament is in conflict with the LAW or ordinary law , that provision shall not be applied by a court of law or any other public authority ( sections CARDINAL - CARDINAL ) .", "Under LAW ( vahingonkorvauslaki , skadeståndslag CARDINAL ) proceedings for damages may be initiated against the ORG on the basis of its vicarious liability for mistakes or omissions in the exercise of public authority . The ORG 's vicarious liability comes into play only if the responsible official fails in his or her duty to take a measure or perform a task that could reasonably be required in the light of the nature and purpose of the activity in question ( Chapters CARDINAL and CARDINAL ) . The claim for damages must be made within DATE from the date when the damage occurred , unless a shorter limitation period applies ( LAW , section CARDINAL ) .", "According to section DATE , subsection CARDINAL of ORG , a decision may be annulled if a procedural error which may have had a relevant effect on the decision has been committed , if the decision is based on a manifestly erroneous application of law or on an error which may have had a fundamental effect on the decision , or if new evidence which could have had a relevant effect on the decision appears and it is not the fault of the applicant that the evidence was not presented in time .", "According to LAW , the holder of a construction permit relating to a water area may , if the construction would clearly damage the fish stocks , be ordered to restock the area and take other necessary measures in order to safeguard the fish stocks in the affected waters ( chapter CARDINAL , section CARDINAL , subsection CARDINAL ) .", "A claim concerning a measure alleged to be in violation of LAW and whereby it is sought to have such a measure prohibited , the previous conditions re - established or damage compensated , may be lodged with the competent water court ( chapter DATE , section DATE , subsection CARDINAL ) .", "The general right to fish in public water areas and within the NORP fishing zone does not include the right to fish salmon and sea trout ( see , for example , section CARDINAL , subsection CARDINAL , and section CARDINAL of LAW ) . Restrictions on fishing within or outside the territorial waters of GPE may be imposed by decree for the purpose of fulfilling obligations set in an international agreement binding on GPE , for safeguarding fish stocks or for any other comparable special reason . Domestic law applies to watercourses located in frontier areas , unless otherwise agreed on in an agreement between GPE and another ORG ( section QUANTITY ) . Non - compliance with a fishing restriction may be subject to prosecution ( sections CARDINAL ) .", "A ORG concerning fishing legislation ( no . CARDINAL:CARDINAL ) suggested , in DATE , that limited rights in rem be abolished . However , in the Government PERSON for a new LAW ( no . CARDINAL ) , it was suggested that these rights of the ORG be maintained as being relevant for the protection of the salmon stocks . The provisions concerning the ORG 's fishing waters and fishing rights can now be found in chapter CARDINAL of the Fishing Decree ( DATE ) .", "In a judgment of CARDINAL DATE ( no . CARDINAL/CARDINAL ) ORG ( vesiylioikeus , vattenöverdomstolen ) found that since time immemorial the owners of fishing waters in the Kemi river ( ORG ) and its estuary had been engaged in the fishing of salmon and sea trout without any state interference and with its de facto consent . Compensation for the loss of fishing benefits resulting from permitted construction should therefore be awarded to all individuals who had been engaged in such fishing in the area , provided they had been using legal fishing gear . ORG further found that the ORG too was entitled to compensation for the permanent loss of the use of its limited right in rem in respect of the fishing waters . In addition , compensation was awarded to the ORG for its loss of income from leasing out those waters .", "ORG ( korkein oikeus , högsta domstolen ) found in its decision of CARDINAL DATE ( no . DATE ) that the damage which a company had caused by setting up timber floating routes in the PERSON river ( GPE , GPE älv ) had engendered effects on private owners of water areas , causing them losses which were to be compensated by virtue of LAW . The ORG , which traditionally had the right to fish salmon in the river , had not used that right for DATE , either by leasing out its waters or in any other way .", "By judgment of DATE ( no . CARDINAL ) ORG upheld a decision of ORG of DATE which had dismissed various fishery associations ' claims for compensation for the allegedly failed restocking of the estuary of the Kemi river as ordered on DATE . ORG had found that the defendants had complied with the obligations imposed on them in DATE for the purpose of safeguarding the relevant fish stocks . In such circumstances the defendants could not be held responsible for the diminution in catches for which compensation had been sought .", "In its precedent no . CARDINAL ORG examined an action for damages which a hydro - electric power company had brought against the ORG on the ground that a contract between the CARDINAL with a view to establishing CARDINAL power plants along the GPE river ( GPE , PERSON älv ) could not be implemented in full , as ORG had enacted legislation for the protection of the river ( CARDINAL/CARDINAL ) . The company had sought compensation for wasted planning costs in so far as those had exceeded the amount paid out following the assessment procedure provided for in the LAW on ORG and Special Rights ( PERSON ) . ORG declined to examine this part of the claim as the costs to be compensated had already been finally determined in the procedure under LAW .", "In so far as the company had claimed compensation for projected profit and related losses , ORG dismissed the action after having examined its merits . ORG reasoned , inter alia , as follows :", "“ ... The contract did not bind the legislative arm . Possible legislative changes and the possibility that no construction permit would be granted were specifically taken into account in the contract . The Government is therefore under no obligation to compensate for the economic losses suffered by the company due to the fact that the contract for the construction of the power plant was never implemented . The company is therefore not entitled to any compensation ... other than that stipulated in the [ specific LAW on the protection of the river ] . ... ”", "An account of domestic law can also be found in the ORG 's judgment in GPE and PERSON v. GPE ( no . CARDINAL , § § DATE , DATE ) ." ]

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[ "14", "6", "P1" ]

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

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[ "The applicant , Mr PERSON , is a NORP national who was born in DATE and lives in GPE . He was represented before ORG first by PERSON , a lawyer practising in GPE , then by PERSON PERSON ORG , a lawyer practising in GPE .", "In DATE , following a complaint lodged in DATE and the ensuing police investigations , of which the applicant was aware , the GPE public prosecutor ’s office started a judicial investigation into the activities of the applicant and other persons suspected of fraud and misappropriation of funds . On DATE the applicant ’s home was searched . On DATE the applicant was arrested and remanded in custody . On DATE the prosecutor ’s office sent the indictment to ORG , which opened the main proceedings on DATE . On DATE , after having held CARDINAL hearings , ORG sentenced the applicant to DATE and QUANTITY months’ imprisonment for CARDINAL instances of fraud and misappropriation of funds committed DATE . In its reasoning it noted , inter alia , that there had been no unlawful delays in the proceedings , that the investigation had been complex and that the applicant , by his conduct , had been the cause of the delays in the main proceedings .", "On DATE ORG declared an appeal on points of law inadmissible in so far as alleged procedural irregularities were concerned , and the remainder of the appeal ill - founded .", "On DATE a bench of CARDINAL judges of ORG rejected a constitutional appeal lodged by the applicant ( no . CARDINAL BvR CARDINAL/CARDINAL ) without giving reasons . The applicant received the decision on DATE ." ]

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[ "The applicant , PERSON , is a NORP national who was born in GPE and lives in GPE .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "On DATE the applicant was sued by certain PERSON and PERSON , the owners of the “ PERSON ” company , before ORG ( Sąd Rejonowy ) . They sought his eviction .", "The proceedings are pending .", "On DATE the applicant lodged a claim against the “ PERSON ” company with ORG ( PERSON ) . He sought a judgment stipulating that the defendant was obliged to make a declaration of will ( oświadczenie woli ) in the form of a consent to the sale contract .", "The proceedings are pending .", "On DATE the applicant sued the “ PERSON ” company before ORG , seeking payment .", "The proceedings are pending .", "On DATE the Law of CARDINAL DATE on complaints about a breach of the right to a trial within a reasonable time ( LOC o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki ) ( “ the CARDINAL Act ” ) entered into force . It lays down various legal means designed to counteract and/or redress the undue length of judicial proceedings .", "Section CARDINAL of the CARDINAL Act reads , in so far as relevant :", "Section CARDINAL reads , in so far as relevant :", "“ CARDINAL . A complaint about the unreasonable length of proceedings shall be lodged while the proceedings are pending . ... ”", "Section CARDINAL provides for measures that may be applied by the court dealing with the complaint . It reads , in so far as relevant :", "“ CARDINAL . The court shall dismiss a complaint which is unjustified .", "NORP If the court considers that the complaint is justified , it shall find that there was an unreasonable delay in the impugned proceedings .", "At the request of the complainant , the court may instruct the court examining the merits of the case to take certain measures within a fixed time - limit . Such instructions shall not concern the factual and legal assessment of the case .", "NORP If the complaint is justified the court may , at the request of the complainant , grant ... just satisfaction in an amount not exceeding PLN CARDINAL,CARDINAL to be paid by ORG . If such just satisfaction is granted it shall be paid out of the budget of the court which conducted the delayed proceedings . ”", "Section CARDINAL lays down transitional rules in relation to the applications already pending before the ORG . It reads , in so far as relevant :", "“ CARDINAL . Within DATE after the date of entry into force of this law persons who , before that date , had lodged a complaint with ORG ... complaining of a breach of the right to a trial within a reasonable time guaranteed by LAW ... , may lodge a complaint about the unreasonable length of the proceedings on the basis of the provisions of this law if their complaint to ORG had been lodged in the course of the impugned proceedings and if the ORG has not adopted a decision concerning the admissibility of their case .", "... ”", "On DATE ORG ( PERSON ) adopted a resolution ( no . III SPP CARDINAL/CARDINAL ) in which it ruled that while LAW produced legal effects as from the date of its date of entry into force ( DATE ) , its provisions applied retroactively to all proceedings in which delays had occurred before that date and had not yet been remedied ." ]

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[ "The applicant , PERSON , is a NORP national who was born in DATE and lives in GPE .", "ORG ( “ the Government ” ) were represented by their Agent , PERSON , ORG Attorney - General .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "On DATE ORG ( PERSON ORG ) , GPE established that GPE , a NORP national living in GPE , was the father of the applicant ’s son , PERSON , born in DATE . The court ordered PERSON to pay child support .", "At an undetermined time Franjica PERSON sought an enforcement of ORG judgment with ORG ( PERSON sodišče v PERSON ) on behalf of her minor son .", "On DATE ORG upheld the request and allowed the enforcement in order to collect the unpaid child support . The enforcement officer ( izvršitelj ) tried , on two occasions , to enforce the judgment by attachment ( zaplemba ) of the debtor ’s personal property , but the latter evaded the enforcement .", "On DATE PERSON objected to the enforcement order . The objection was allowed on DATE .", "On DATE Franjica Žagar appealed against the decision of CARDINAL DATE to ORG ( PERSON ) .", "On DATE the Convention took effect with respect to GPE .", "On DATE ORG upheld the appeal and remitted the case for fresh examination .", "On DATE ORG ( ORG sodišče v PERSON ) gained jurisdiction in the present case due to the reform of the NORP judicial system .", "On DATE the court denied the debtor ’s objection of CARDINAL DATE and upheld the enforcement order .", "On DATE PERSON lodged an appeal with ORG .", "On DATE the court dismissed the appeal . The enforcement order thus became final .", "On DATE the enforcement officer attempted to carry out the enforcement order , but PERSON was not to be found .", "On DATE ORG informed PERSON that the enforcement was unsuccessful and requested her to furnish the debtor ’s new address . She informed the court of the debtor ’s new address on DATE .", "On DATE Franjica Žagar requested the court to continue with the enforcement .", "The attempt of attachment made in DATE was also fruitless .", "On DATE , after the court had learned that the debtor had moved , the case was transferred to ORG ( PERSON sodišče v ORG ) .", "On DATE , after another attempt of attachment was made , the enforcement officer informed the court that no objects suitable for attachment were found at the debtor ’s new address .", "On DATE Franjica Žagar again urged the court to find a solution to the issue .", "On DATE the court made inquiries with the debtor ’s bank , employer and at his address to determine how to proceed with the enforcement . As a result , the court requested PERSON to again propose the attachment of the debtor ’s property .", "Upon reaching the age of maturity , Mr PERSON , represented by a lawyer , requested the continuation of the enforcement proceedings by attachment of debtor ’s personal property or funds .", "Following the changes in the legislation , the court appointed a new enforcement officer and requested PERSON , on DATE , to pay an advance on the enforcement officer ’s expenses within DATE . The time - limit was subsequently extended and PERSON paid the advance on DATE .", "On DATE the court ordered the enforcement officer to proceed with the enforcement .", "A new attempt of attachment was unsuccessful , because the debtor had moved again .", "On DATE the court requested PERSON to provide the debtor ’s new address . He complied DATE .", "On DATE the court appointed a new enforcement officer , since the previous one ceased to exercise his functions .", "On DATE Žan Žagar made a proposal for enforcement by new means for attachment . He also sought the re - evaluation of the payments due .", "On DATE the court dismissed the proposal for re - evaluation . However , on DATE , the court upheld the proposal for enforcement by new means for attachment .", "On DATE , PERSON appealed against the decision of DATE to ORG .", "On DATE , the creditor objected to the order of DATE .", "The court refused the objection on DATE .", "On DATE the debtor appealed to ORG .", "On DATE ORG dismissed the appeals of DATE and DATE .", "On DATE the enforcement officer was informed of ORG decision .", "On DATE the court ordered the enforcement officer to report on the progress made .", "On DATE the enforcement officer learned that the debtor had been imprisoned on DATE for DATE .", "The proceedings are still pending ." ]

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[ "The applicant , PERSON PERSON Orchowski , is a NORP national who was born in DATE and is currently serving a prison sentence in FAC in GPE .", "By the time the instant case was communicated to ORG , the applicant had been detained subsequently in CARDINAL detention facilities ( see paragraphs DATE below ) . On CARDINAL DATE , however , he was transferred to Kamińsk Prison and from there , on DATE , to ORG . Subsequently , on DATE the applicant was taken to PERSON . On an unspecified date , as it appears , in DATE he was transferred to ORG . Finally , as it appears , on CARDINAL DATE the applicant was committed to ORG , where he remained .", "NORP The parties’ statements relating to the conditions of the applicant ’s detention prior to DATE are , to a large extent , contradictory . The Government did not make any comments with regard to the applicant ’s detention after that date , except for the period when the applicant was detained in FAC .", "From DATE until DATE , from DATE until DATE , from DATE until DATE and from DATE until DATE the applicant was detained in FAC .", "Detainees in FAC had a right to a TIME long outdoor exercise in CARDINAL of the QUANTITY , measuring CARDINAL and QUANTITY ( “ m² ” ) respectively . ORG and DATE inmates respectively shared the yards at a time . The applicant had access to the TV and entertainment room in the remand centre twice a week for TIME at a time . He could watch television or play table tennis .", "The Government submitted that during the first term of his detention in FAC ( from DATE until DATE ) the applicant was held in CARDINAL different cells . The size of those cells varied DATE m² and the occupancy rate fluctuated CARDINAL persons . In either case , the space per person ranged CARDINAL .", "As regards the other periods of the applicant ’s detention , the ORG submitted that ORG had not kept any records of the applicant ’s accommodation or of the number of prisoners assigned to each cell . They noted that it had not been possible to keep records because the number of detainees assigned to a particular cell changed very often , even several times per day .", "The Government acknowledged the existence of overcrowding in FAC at the time when the applicant was detained there . They submitted that the remand centre ’s governor had been obliged to regularly inform the competent penitentiary judges about the fact that the detainees had less than the statutory CARDINAL m² of space per person .", "The Government also submitted that the prisoners were entitled to CARDINAL hot shower at least once per week . The shower - room in FAC was , at the relevant time , equipped with CARDINAL shower - heads . Prisoners showered in groups of CARDINAL .", "DATE ORG ( PERSON ) carried out CARDINAL inspections at FAC . The Government did not provide any information as to the results of those inspections . They noted that cells in FAC were disinfected once DATE . In addition , a sufficient amount of hygiene and sanitary products was distributed among detainees DATE . Prisoners had their underwear changed once DATE and their clothes and shoes , as often as necessary . The bed linen was washed DATE . Detainees had their meals inside their cells .", "The applicant ’s cells were well - lit and ventilated . They were in a good condition as they had been renovated DATE previously .", "The applicant submitted that his cell during his first detention in FAC measured CARDINAL ORG and was shared by CARDINAL detainees , including the applicant ( QUANTITY m² per person ) .", "The official statistics obtained by the applicant ’s lawyer from the Head of ORG in ORG ( Kierownik NORP Prasowego i ORG w PERSON ) reveal the following data . The overcrowding ( the degree by which the number of prisoners exceeds the maximum allowed capacity of a particular detention facility ) at FAC during the applicant ’s first detention was PERCENT , during his second detention PERCENT , during his third detention PERCENT and during his fourth detention DATE PERCENT .", "From DATE until DATE , from CARDINAL until DATE , from DATE until DATE , and from DATE until DATE , the applicant was detained in FAC .", "The Government submitted that throughout his detention in FAC the applicant was held in CARDINAL different cells . The size of each of those cells was over CARDINAL.CARDINAL m² and the occupancy rate ranged from CARDINAL persons , including the applicant . Most of the time the space was CARDINAL m² per person . However , from DATE until DATE the applicant was assigned to cell no . CARDINAL which measured CARDINAL ORG and was shared by CARDINAL detainees , including the applicant . In that particular cell , the space per person did not exceed PERCENT .", "On the other hand , the Government stressed that DATE and DATE , DATE and DATE and CARDINAL June and CARDINAL DATE the living conditions provided to the applicant in PERSON had been in compliance with domestic standards .", "At the relevant time , CARDINAL sanitary inspections took place in the prison ( DATE and DATE , DATE and DATE ) . The inspections did not reveal any irregularities . The cells in FAC were clean , sufficiently ventilated and lit , and in an overall good condition .", "Prisoners had CARDINAL hot shower per week and they entered the bathhouse in groups of a maximum of CARDINAL people .", "The applicant had access to the prison ’s “ day - room ” where he could watch television or play games and to a QUANTITY - large fitness room , where he could play volleyball and practise other sports . In addition , prisoners were entitled to an hour long outdoor exercise in CARDINAL of QUANTITY . CARDINAL of the yards in question measured CARDINAL and CARDINAL ORG respectively . The strolling paths within these yards were CARDINAL and QUANTITY long respectively and QUANTITY wide . The other QUANTITY measured CARDINAL ORG each . The strolling paths within these yards were fiftysix metres long and QUANTITY wide . The outdoor exercise took place in groups of a maximum of QUANTITY prisoners .", "Meals in ORG were served CARDINAL times a day inside the cells . At lunchtime prisoners received a hot meal . The food served in prison was tasty and of a good nutritional value .", "NORP The applicant submitted that his cell during his first detention in FAC measured CARDINAL m² and was shared by CARDINAL persons , including the applicant ( CARDINAL m² per person ) . During his second detention in FAC , the applicant was held in cell no . CARDINAL ward IV , which measured CARDINAL m² and was shared by CARDINAL persons , including the applicant ( CARDINAL m² per person ) .", "According to the official data obtained by the applicant ’s lawyer from ORG the rate of overcrowding in FAC was PERCENT during the applicant ’s first detention , PERCENT during his second and third periods of detention and PERCENT during his fourth detention in this facility .", "From DATE until DATE , from DATE until DATE , from CARDINAL until DATE , from CARDINAL May until DATE , from CARDINAL until DATE , from DATE until CARDINAL DATE , and from DATE until DATE the applicant was detained in FAC .", "The Government submitted that throughout his detention in ORG the applicant was held in CARDINAL different cells . The size of those cells ranged from CARDINAL to CARDINAL.CARDINAL m² . They submitted that the occupancy rate ( the number of prisoners in a cell and the living space per prisoner ) during the first CARDINAL of the applicant ’s detention terms in ORG had not been recorded .", "During the applicant ’s third , fourth , fifth and sixth periods of detention the number of the applicant ’s cellmates ranged from CARDINAL to CARDINAL . The space per person during that time was usually CARDINAL . However , for DATE in DATE and DATE in DATE the applicant shared his cells with CARDINAL other inmates and the surface available was CARDINAL m² per person . In addition , the number of the applicant ’s cellmates during DATE between DATE had not been recorded .", "The Government acknowledged the fact that , at the relevant time , the remand centre was facing a problem of overcrowding . On DATE and CARDINAL DATE the governor decided to reduce the available space per person to less than the statutory standard of QUANTITY m² . On each occasion a competent penitentiary judge was duly informed about the situation .", "On the other hand , the ORG submitted a letter from the administration of ORG dated DATE , which stated that during an unspecified period the applicant was assigned to a cell measuring nearly CARDINAL.CARDINAL m² . He had shared that cell with CARDINAL inmate .", "The Government did not submit any other information as to the occupancy rate in ORG during the applicant ’s detention from DATE until DATE .", "At the relevant time CARDINAL sanitary inspections were carried out by LOC or Regional Sanitary Inspectorate ( NORP SanitarnoEpidemiologiczna ) : CARDINAL in DATE , CARDINAL in DATE , CARDINAL in DATE and CARDINAL by DATE . The cells were clean and sufficiently ventilated and lit .", "The applicant could take a minimum of CARDINAL hot shower per week . Detainees accessed the shower room in a number equal to the number of shower heads in a particular unit .", "The bed linen was usually changed once DATE , more often if it was considered necessary .", "The applicant had a right to an TIME - long outdoor exercise in a group of CARDINAL in CARDINAL of QUANTITY . The size of the yards ranged from CARDINAL to CARDINAL m² .", "Meals were served CARDINAL times per day inside cells . They were tasty and of a good nutritional value . A hot meal was always served at lunchtime .", "The applicant submitted that ORG had been overcrowded .", "To that effect he furnished a copy of a document , which had been issued by the administration of ORG , containing the list of the applicant ’s cells . The history of the applicant ’s transfers within the remand centre , namely the ORG numbers and the dates of the applicant ’s placement , is concordant with the data submitted by the Government . The document submitted by the applicant , however , also shows the information which was missing from the records submitted by the Government , namely the occupancy rate of the applicant ’s cells during the first CARDINAL periods of his detention .", "According to that information , from CARDINAL until DATE the applicant was placed in cell no . CARDINAL of ward II ( FAC ) , which measured CARDINAL ORG and was occupied by CARDINAL people , including the applicant ( CARDINAL m² per person ) . From CARDINAL DATE until DATE he was held in cells no . CARDINAL and CARDINAL of ward V ( PCCARDINAL ) . Both cells measured PERCENT and they were occupied by CARDINAL detainees ( CARDINAL m² per person ) . DATE until DATE the applicant was assigned to cell no . CARDINAL in ward LANGUAGE ( PCCARDINAL ) , which measured CARDINAL m² and was shared by CARDINAL people including the applicant ( CARDINAL m² per person ) . CARDINAL until DATE he was in cell no . CARDINAL of ward II ( PCCARDINAL ) . This cell measured CARDINAL ORG and was occupied by CARDINAL persons including the applicant ( QUANTITY ORG per person ) . From CARDINAL until DATE the applicant was detained in cell no . CARDINAL of ward V ( PWCARDINAL ) , which measured CARDINAL m² and was occupied by CARDINAL people , including the applicant ( CARDINAL m² per person ) .", "In the second period of his detention in FAC , the applicant was assigned to the following cells : from CARDINAL until DATE – to cell no . CARDINAL of ward III ( PWCARDINAL ) , which measured CARDINAL m² and was occupied by CARDINAL people , including the applicant ( CARDINAL m² per person ) ; from DATE until DATE to cell no . CARDINAL in ward V ( PZCARDINAL ) , which measured CARDINAL m² and was shared by a total number of CARDINAL detainees ( CARDINAL m² per person ) ; and from DATE until DATE to cell no . CARDINAL in ward V ( PZCARDINAL ) , which measured CARDINAL m² and was occupied by a total number of CARDINAL people ( CARDINAL m² per person ) .", "Lastly , the document submitted by the applicant contains a detailed list of the applicant ’s cells during the last period of his detention in FAC , namely from DATE until DATE .", "In the relevant period of DATE the applicant was moved CARDINAL times between different cells . The size of the cells in question ranged from CARDINAL to CARDINAL.CARDINAL ORG and their occupancy rate , from CARDINAL to QUANTITY persons . In most of the cells the space per person oscillated around CARDINAL.CARDINAL m² . In addition , for a total number of DATE the applicant was detained in cells in which the space per person was CARDINAL m² . His detention in cells , in which the space per person was slightly over CARDINAL m² , amounted to DATE .", "The document also reveals that from CARDINAL until DATE the applicant was detained alone in a cell , measuring nearly CARDINAL m² .", "According to the official data obtained by the applicant ’s lawyer from ORG the rate of overcrowding in FAC was PERCENT during the applicant ’s first detention , PERCENT during his second detention , PERCENT during his third detention , PERCENT during his fourth detention and PERCENT during his fifth detention in this facility .", "Finally , from DATE until DATE , from DATE until DATE , from CARDINAL until DATE , from DATE until DATE , from CARDINAL until DATE , and , from CARDINAL DATE until CARDINAL DATE , the applicant was detained in FAC .", "The Government submitted that throughout his detention in FAC the applicant was moved CARDINAL times between different cells . The size of those cells varied CARDINAL . The occupancy rate had not been recorded , although the applicant was twice kept in solitary confinement .", "The Government submitted that the problem of overcrowding had been recorded for the first time in DATE . It persisted until DATE , with the exception of CARDINAL periods of downslide , namely from DATE until DATE and from DATE until DATE . DATE , the remand centre ’s governor issued CARDINAL decisions on reducing the statutory standard of CARDINAL m² per detainee and informed the competent penitentiary judge accordingly .", "In the absence of the necessary data , the Government could not rule out that during a certain time , the applicant was detained in cells in which the space per person was below CARDINAL m² . In particular , at the relevant time there was a practice of placing CARDINAL detainees in CARDINAL - person cells .", "On the other hand , the Government stressed that during the applicant ’s last period of detention in FAC ( from DATE until DATE ) , he shared his cells only with CARDINAL person , thus having CARDINAL m² of individual space .", "At the relevant time , regular sanitary inspections were carried out in the remand centre by ORG ( PERSON ) : CARDINAL in DATE , CARDINAL in DATE , CARDINAL in DATE and CARDINAL in DATE . The inspections did not reveal any irregularities . The cells were clean and well - equipped . They were sufficiently lit and ventilated .", "The applicant could take a minimum of CARDINAL hot shower per week . Detainees accessed the shower room in a number equal to the number of shower heads in a particular unit .", "The applicant had a right to an TIME - long outdoor exercise in a spacious yard together with a group of CARDINAL fellow inmates . In addition , he had a right to spend TIME in the remand centre ’s “ FAC ” CARDINAL times per week .", "Bed linen was changed once DATE . Prisoners’ underwear , towels and dishcloths were washed DATE .", "Meals , which conformed to the standard quality requirements , were served inside the cells .", "The applicant submitted that his cell during his first detention in the FAC measured CARDINAL ORG and was shared by a total number of CARDINAL people ( CARDINAL m² per person ) . During the applicant ’s second detention in FAC he was held in cell no . CARDINAL ward V , which measured CARDINAL ORG and was shared by CARDINAL persons ( CARDINAL.CARDINAL m² per person ) . The applicant stressed that the problem of overcrowding in that facility persisted from DATE until DATE . The only periods when ORG was not overcrowded were from DATE until DATE and DATE until DATE .", "The applicant furnished a copy of a letter from the governor of ORG dated DATE . It was stated in it that the applicant had been detained in cells in which the statutory space of CARDINAL m² per person had been reduced due to the general problem of overcrowding persisting in the country . At the relevant time , and with the exception of the period from DATE until DATE , the maximum allowed population rate in the remand centre was exceeded by PERCENT , depending on the specific moment .", "Moreover , the official statistics from ORG revealed that the rate of the overcrowding in FAC was at PERCENT during the applicant ’s first detention , CARDINAL or PERCENT ( the document reveals contradictory figures ) during his second detention , PERCENT ( contradictory figures ) during his third detention , PERCENT during his fourth detention , and PERCENT during his fifth detention in this facility . During DATE of the applicant ’s detention in FAC , the occupancy rate was PERCENT below the maximum allowed capacity of this establishment .", "It appears that from CARDINAL DATE until DATE the applicant was detained in FAC .", "The Government did not make any submissions with reference to ORG .", "The applicant submitted that he had been assigned to cell no . CARDINAL in ward III . The cell in question measured CARDINAL m² and was occupied by CARDINAL inmates , including the applicant ( CARDINAL.CARDINAL m² per person ) . The toilet annex took up QUANTITY of the cell ’s space . There were also CARDINAL bunk beds , CARDINAL tables and CARDINAL stools . The applicant submitted that his cell was cramped and overcrowded .", "The applicant submitted a copy of a letter of CARDINAL DATE sent by ORG administration to ORG . It was stated in the letter that from DATE until DATE the applicant had been detained in cell no . DATE , which measured CARDINAL ORG and was shared by CARDINAL people , including the applicant ( CARDINAL m² per person ) . It was also noted that on DATE a competent penitentiary judge had again been informed of the fact that Kamińsk Prison was overcrowded and that that problem would persist for DATE .", "In addition , according to the official statistics from ORG the overcrowding in FAC at the time of the applicant ’s incarceration there reached PERCENT .", "It appears that from DATE until an unspecified date in lateCARDINAL the applicant was detained in FAC .", "The Government submitted that as of DATE the applicant had been detained in a cell in which the minimum statutory standard of CARDINAL m² of space per person had been respected .", "The applicant submitted the official statistics from ORG which showed that the overcrowding in FAC at the time of his incarceration there reached PERCENT .", "NORP Moreover , the applicant specified that he was at first detained in cell no.CARDINAL in wing PERSON cell in question measured CARDINAL ORG and was shared by CARDINAL prisoners including the applicant ( CARDINAL m² per person ) . He was then transferred to cell no . CARDINAL in wing PERSON That cell measured CARDINAL ORG and was shared by CARDINAL people including the applicant ( CARDINAL m² per person ) .", "Lastly , the applicant confirmed that from DATE until an unspecified date he had been assigned to a cell in which the space of QUANTITY m² was available for each prisoner .", "From an unspecified date in DATE until DATE the applicant was detained in ORG .", "The Government did not make any submissions with reference to this detention facility .", "The applicant submitted that in ORG he had been detained subsequently in : cell no . CARDINAL in wing CARDINAL , cell no . CARDINAL in wing ACARDINAL and cell no . CARDINAL in wing CCARDINAL . The first cell measured CARDINAL m² and was shared by CARDINAL people including the applicant ( CARDINAL m² per person ) . The second of the mentioned cells measured CARDINAL m² and was shared by CARDINAL prisoners including the applicant ( CARDINAL m² per person ) . Lastly , the third cell measured CARDINAL ORG and was shared by CARDINAL people including the applicant ( CARDINAL m² per person ) .", "Finally , as it appears , on CARDINAL DATE the applicant was committed to ORG , where he remained .", "The parties did not make any submissions with regard to this detention facility .", "The applicant lodged numerous complaints about the conditions of his detention with the domestic authorities . He also applied on numerous occasions for a break in serving the sentence on account of the poor conditions of detention , as well as his difficult family situation . All of the applicant ’s complaints and requests were to no avail .", "The Government in their submissions to the ORG , acknowledged the fact that the applicant had lodged numerous complaints about the various aspects of his detention . The complaints lodged on CARDINAL , DATE and DATE and CARDINAL May CARDINAL , DATE , CARDINAL May and DATE , and CARDINAL May and DATE related , among other issues , to the problem of overcrowding and inadequate living conditions in PERSON , PERSON and ORG . The relevant authorities , including the competent ORG , considered them all manifestly ill - founded .", "The applicant , for his part , submitted a copy of a letter of DATE of the Deputy Director of ORG ( PERSON ) who had acknowledged the existence of overcrowding in FAC at a level of PERCENT above the norm .", "DATE . Likewise , the problem of overcrowding was acknowledged by the Director of ORG in his letter of DATE , which had been issued in reply to the applicant ’s complaint of DATE . However , the complaint that the applicant had diminished contact with the warden due to overcrowding was found to be unsubstantiated . It was indicated that the applicant had CARDINAL meetings with the warden in DATE .", "The applicant ’s requests to be granted a break in serving the sentence were dismissed as manifestly illfounded . The most recent decision was delivered by ORG on DATE .", "In his additional submissions of CARDINAL DATE the applicant stated that on DATE he had lodged with ORG ( PERSON ) an action for compensation under LAW and CARDINAL of LAW in conjunction with LAW . The applicant sued ORG for the alleged damage resulting from overcrowding and inadequate living conditions in all the detention facilities in which he had so far been detained .", "It appears that the case is currently pending before the court of firstinstance .", "On DATE the applicant submitted new complaints related to the criminal proceedings against him . However , despite the ORG ’s request he failed to provide copies of the relevant domestic courts’ decisions delivered in the course of the impugned proceedings .", "It appears that on DATE ORG convicted the applicant of unspecified offences and sentenced him to four years’ imprisonment ( no . II K CARDINAL/CARDINAL ) . It also appears that on DATE the ORG dismissed an appeal against that judgment ( no . Ka CARDINAL ) . The applicant submitted that he had not been present at the appeal hearing . He was , however , represented by a legalaid lawyer and , ultimately , he was informed about the outcome of the case . The applicant ’s conviction became final as he failed to lodge a cassation appeal . It appears that the applicant subsequently asked the ORG ( PERSON ) to lodge an extraordinary cassation appeal against the secondinstance judgment , but his request was to no avail .", "Article CARDINAL of the LAW reads as follows :", "“ GPE shall be a democratic ORG ruled by law and implementing the principles of social justice . ”", "LAW reads :", "“ No one shall be subjected to torture or cruel , inhuman , or degrading treatment or punishment . ”", "Article CARDINAL of the LAW , in its relevant part , provides :", "“ CARDINAL . Anyone deprived of liberty shall be treated in a humane manner . ”", "Article CARDINAL of LAW ( NORP karny wykonawczy – “ the Code ” ) provides :", "“ CARDINAL . A sentenced person shall be placed in an individual cell or a cell shared with other inmates .", "NORP The area of the cell shall be QUANTITY per detainee . ”", "Article CARDINAL of the LAW provides :", "“ CARDINAL . In particularly justified cases a governor of a prison or remand centre may decide to place detainees , for a specified period of time , in conditions where the area of the cell is QUANTITY per person . Any such decision shall be promptly communicated to a penitentiary judge .", "NORP The Minister of Justice shall determine , by means of an ordinance , the rules which are to be followed by the relevant authorities in a situation where the number of persons detained in prisons and remand centres exceeds on a nationwide scale the overall capacity of such establishments ... ”", "DATE . On the basis of LAW , the Minister of ORG issued the LAW of DATE on the rules to be followed by the relevant authorities when the number of persons detained in prisons and remand centres exceeded on a nationwide scale the overall capacity of such establishments ( ORG w sprawie trybu postępowania właściwych organów w wypadku , gdy liczba osadzonych w zakładach karnych lub aresztach śledczych przekroczy w skali ORG ogólną pojemność tych zakładów DATE “ the DATE Ordinance ” ) . On DATE the Minister of ORG issued a new ordinance with the same title ( “ the DATE LAW ) , which replaced the previous ordinance . It entered into force on DATE .", "Paragraph CARDINAL.CARDINAL of this Ordinance provided :", "“ In the event that the number of detainees placed in prisons and remand centres , as well as in subordinate detention facilities , hereinafter referred to as ‘ establishments’ , exceeds on a nationwide scale the overall capacity of such establishments , the Director General of ORG , within DATE from DATE the capacity is exceeded , shall convey the relevant information to the Minister of ORG , the regional directors of ORG and the governors of the establishments ... ”", "Paragraph CARDINAL of the Ordinance read :", "“ CARDINAL . Having received the relevant information , the regional director of the prison service and the governor of the establishment are under a duty , each within their own sphere of competence , to take action in order to adapt quarters not otherwise included in the establishment ’s [ accommodation ] capacity , to comply with the conditions required for a cell .", "...", "In the event that the establishment ’s capacity is exceeded , detainees shall be placed in supplementary cells for a specified period of time .", "In the event that the additional accommodation in the supplementary cells is used up , detainees may be placed in conditions where the area of a cell is QUANTITY per person . ”", "Detention and prison establishments in GPE are supervised by penitentiary judges who act under the authority of the Minister of ORG .", "Under LAW ( “ the LAW ” ) a convicted person is entitled to make applications , complaints and requests to the authorities enforcing the sentence .", "Article CARDINAL , paragraphs CARDINAL and CARDINAL , of the LAW provides that a convicted person can challenge before a court any unlawful decision issued by a judge , a penitentiary judge , a governor of a prison or a remand centre , a regional director or ORG or a court probation officer . Applications relating to the execution of prison sentences are examined by a competent penitentiary court .", "The remainder of LAW reads as follows :", "“ CARDINAL . Appeals against decisions [ mentioned in paragraph CARDINAL ] shall be lodged within DATE of the date of the pronouncement or the service of the decision ; the decision [ in question ] shall be pronounced or served with a reasoned opinion and an instruction as to the right , deadline and procedure for lodging an appeal . An appeal shall be lodged with the authority which issued the contested decision . If [ that ] authority does not consider the appeal favourably , it shall refer it , together with the case file and without undue delay , to the competent court .", "The ORG competent for examining the appeal may suspend the enforcement of the contested decision ...", "Having examined the appeal , the court shall decide either to uphold the contested decision , or to quash or vary it ; the court ’s decision shall not be subject to an interlocutory appeal . ”", "In addition , under LAW , a penitentiary judge is entitled to make unrestricted visits to detention facilities , to acquaint himself with documents and to be provided with explanations from the management of these establishments . A penitentiary judge also has the power to communicate with persons deprived of their liberty without the presence of third persons and to examine their applications and complaints .", "LAW in its relevant part reads as follows :", "“ CARDINAL . A penitentiary judge shall quash an unlawful decision [ issued by , inter alia , the governor of a prison or remand centre , the Regional Director or ORG ] concerning a person deprived of his liberty .", "An appeal to the penitentiary court lies against the decision of a penitentiary judge ...", "In the event of finding that the deprivation of liberty is not in accordance with the law , a penitentiary judge shall , without undue delay , inform the authority [ in charge of the person concerned ] of that fact , and , if necessary , shall order the release of the person concerned . ”", "LAW in its relevant part provides :", "“ CARDINAL . If in the opinion of the penitentiary judge it is necessary to issue a decision which would exceed his competence , in particular an administrative decision , [ the penitentiary judge ] shall transfer his observations and conclusions concerning the matter to the competent authority .", "NORP The competent authority shall inform the penitentiary judge , within DATE or within another time - limit determined by the latter , about their position . Should the penitentiary judge consider this position unsatisfactory , he shall transfer the matter to the [ superior ] authority ; the superior authority shall inform the penitentiary judge about the outcome of the case .", "In the event of the repetition of flagrant omissions in the functioning of a prison , remand centre or another establishment , in which persons deprived of liberty [ are quartered ] , or if the conditions existing [ there ] do not secure the respect of the rights of persons who are held there , a penitentiary judge shall appeal to the competent superior authority to [ remedy the situation ] within a set deadline . Should the [ situation be not resolved ] within the deadline , a penitentiary judge shall appeal to a competent minister to suspend the activity or to close down entirely or partly the prison , remand centre or establishment concerned . ”", "Lastly , LAW , paragraph CARDINAL , of the Code guarantees a convicted person a right to lodge applications , complaints and requests with other competent authorities , such as the management of a prison or remand centre , heads of units of ORG , penitentiary judges , prosecutors and the ORG . Detailed rules on the procedure are laid down in the Ordinance of the Minister of ORG issued on CARDINAL DATE on dealing with applications , complaints and requests by persons detained in prisons and remand centres ( ORG w sprawie sposobów załatwiania wniosków , skarg i próśb osób osadzonych w zakładach karnych i aresztach śledczych – “ the DATE LAW ) .", "DATE the Civil Code contains a non - exhaustive list of socalled “ personal rights ” ( prawa osobiste ) . This provision states :", "“ The personal rights of an individual , such as , in particular , health , liberty , honour , freedom of conscience , name or pseudonym , image , secrecy of correspondence , inviolability of the home , scientific or artistic work , [ as well as ] inventions and improvements , shall be protected by the civil law regardless of the protection laid down in other legal provisions . ”", "Article CARDINAL , paragraph CARDINAL , of the Civil Code provides :", "“ A person whose personal rights are at risk [ of infringement ] by a third party may seek an injunction , unless the activity [ complained of ] is not unlawful . In the event of infringement [ the person concerned ] may also require the party who caused the infringement to take the necessary steps to remove the consequences of the infringement ... In compliance with the principles of this LAW [ the person concerned ] may also seek pecuniary compensation or may ask the court to award an adequate sum for the benefit of a specific public interest . ”", "Article CARDINAL § CARDINAL of LAW , applicable in the event a person suffers a bodily injury or a health disorder as a result of an unlawful act or omission of a ORG agent , reads as follows :", "“ ... [ T]he court may award to the injured person an adequate sum in pecuniary compensation for the damage suffered . ”", "Under LAW , a person whose personal rights have been infringed may seek compensation . That provision , in its relevant part , reads :", "“ The court may grant an adequate sum as pecuniary compensation for non - material damage ( krzywda ) suffered to anyone whose personal rights have been infringed . Alternatively , the person concerned , regardless of seeking any other relief that may be necessary for removing the consequences of the infringement sustained , may ask the court to award an adequate sum for the benefit of a specific public interest ... ”", "In addition , Articles CARDINAL et seq . of the NORP LAW provide for the ORG ’s liability in tort .", "Article CARDINAL § CARDINAL of the Civil Code formerly provided :", "“ The State Treasury shall be liable for damage ( szkoda ) caused by an agent of the ORG in carrying out acts entrusted to him . ”", "After being amended in DATE , LAW provides :", "“ ORG , or [ as the case may be ] a self - government entity or other legal person responsible for exercising public authority , shall be liable for any damage ( szkoda ) caused by an unlawful act or omission [ committed ] in connection with the exercise of public authority . ”", "In their submissions on the admissibility and the merits of the case the Government referred to the judgment of ORG of DATE ( see paragraph CARDINAL below ) . They further referred to CARDINAL groups of civil law cases in which domestic courts had examined claims for compensation brought by former detainees on account of the alleged infringement of their personal rights . To that effect the Government submitted copies of CARDINAL judgments which were delivered by domestic courts in DATE and DATE and CARDINAL final judgments which were delivered in DATE ( see paragraphs CARDINAL and CARDINAL below ) .", "On DATE ORG recognised for the first time the right of a detainee under LAW , read in conjunction with LAW , to lodge a civil claim against ORG for damage resulting from overcrowding and inadequate living and sanitary conditions in a detention establishment .", "That judgment originated from the civil action brought by a certain DATE , who was remanded in custody shortly after he had suffered a complicated fracture of his leg and arm . The plaintiff argued that he had not received adequate medical care in detention and that he had been detained in overcrowded cells in poor sanitary conditions .", "ORG quashed the second - instance judgment in which the applicant ’s claim had been dismissed . ORG held that the case should have been examined under LAW in conjunction with LAW of LAW , and that it was the respondent who had the burden of proving that the conditions of detention had been in compliance with the statutory standards and that the plaintiff ’s personal rights had not been infringed . The case was remitted to the appeal court .", "On DATE ORG examined the case under LAW in conjunction with LAW , as interpreted by ORG . The appeal court reiterated that overcrowding coupled with inadequate living and sanitary conditions in a detention facility could give rise to degrading treatment in breach of a detainee ’s personal rights . The court condemned the practice of maintaining high rates of occupancy in detention facilities throughout the country and stressed that the minimum standard of CARDINAL m² per person was to be reduced only in exceptional circumstances and for a short period of time . On the other hand , ORG observed that in the light of ORG established case - law , a trial court did not have a duty to award compensation for every infringement of a personal right . One of the main criteria in assessing whether or not to award compensation for a breach of a personal right was the degree of fault on the part of a respondent party . The court held that in relation to overcrowding , no fault could be attributed to the management of a particular detention facility since the management were not in a position to refuse new admissions even when the average capacity of a detention facility had already been exceeded . Considering the large scale of the problem in the country and the fact that the competent authorities had not acted with a particular intent to humiliate the plaintiff or in bad faith , the appeal court found that awarding compensation for a breach of personal rights on account of overcrowding and poor conditions of detention would contradict the universal sense of justice . Ultimately , the case was dismissed .", "In CARDINAL of the other cases cited by the Government , which had been examined by domestic courts in DATE , DATE and DATE , the plaintiffs , nonsmokers detained with smoking inmates , had been awarded compensation ( raging from MONEY ) because it had been found that they were at risk of suffering or had actually suffered a health disorder . The first of those judgments was delivered by ORG on DATE .", "Another of the early cases referred to concerned a prisoner who had suffered food poisoning in prison ( plaintiff , a certain ORG ; judgment of ORG of DATE ) and another concerned a detainee who had been beaten up by his fellow inmate ( plaintiff , a certain ORG ; judgment of ORG of DATE ) .", "In another case , brought by a certain PERSON , who had been detained for DATE in an overcrowded and insanitary cell , ORG ( judgment of DATE ) granted partial compensation on account of the fact that the prison ’s governor had failed to inform the competent penitentiary judge , in compliance with the applicable procedure , about the problem of overcrowding at the time the plaintiff was serving his sentence there .", "In the case of a certain ORG ( judgment of DATE ) held that there had been no legal basis to grant compensation for detaining the plaintiff in an overcrowded cell . The court observed that the protection of personal rights offered by LAW was conditional on CARDINAL elements : firstly , there must have been an infringement or a risk of infringement of the right protected ; secondly , the infringement must have resulted from an unlawful act or omission . It was reiterated that an act or omission was not unlawful , even though it might breach personal rights , as long as it was based on a valid legal provision . The court further noted that the plaintiff had the burden of proving the infringement or the risk of infringement while the respondent had the burden of proving that his acts or omissions were not unlawful . ORG held that detaining the plaintiff in conditions below the minimum standard established by LAW was not unlawful , as it was regulated by the DATE Ordinance .", "In the case of a certain PERSON the ORG ( judgment of DATE ) awarded the applicant compensation in the amount of ORG CARDINAL,CARDINAL because the plaintiff was found to have been at a real risk of contracting a disease from his HIV positive inmates and had experienced significant psychological suffering .", "Lastly , in CARDINAL judgments which were delivered by the second - instance courts in DATE the plaintiffs ( W.W. , ORG , GPE and PERSON ) were awarded compensation ( ranging from MONEY to PLN CARDINAL,CARDINAL ) on account of the infringement of their personal rights which they had suffered because of the overcrowding and insanitary conditions in their prison cells , and additionally in CARDINAL case , of the deterioration of the plaintiff ’s health .", "In the CARDINAL final judgments delivered in DATE , the civil courts awarded compensation ( ranging from ORG MONEY to PLN CARDINAL,CARDINAL ) to plaintiffs who proved that they had have been detained in overcrowded and insanitary cells in certain cases , together with smokers or persons with hepatitis C.", "On DATE the ORG made an application under LAW , read in conjunction with LAW , to ORG , asking for the DATE Ordinance to be declared unconstitutional . More specifically , the ORG asked for it to be declared incompatible with ORG DATE and CARDINAL of the LAW . In particular , the ORG challenged paragraph CARDINAL ) of the DATE Ordinance , which allowed the prison authorities to place a detainee in a cell where there was an area of CARDINAL m² per person , for an indefinite period of time . This , in his opinion , was contrary to the interim nature of LAW and led to the legitimisation of the chronic overcrowding in detention facilities .", "On DATE the ORG limited the scope of his initial application , asking ORG ( skarga konstytucyjna ) to declare paragraph CARDINAL ) of the DATE Ordinance to be in breach of LAW .", "On DATE , DATE set for ORG hearing , the Minister of ORG abrogated the impugned Ordinance in its entirety and issued a new one under the same title and with immediate effect ( “ the DATE Ordinance ” ) . The provisions of the new DATE Ordinance remained the same as in the previous instrument , except for paragraph CARDINAL ) , which read as follows :", "“ In the event that the additional accommodation in the supplementary cells is used up , detainees may be placed , for a specified period of time , in conditions where the area of a cell is QUANTITY per person . ”", "As a consequence of these changes , on DATE the ORG withdrew his application .", "On DATE a certain PERSON , who was at the time in prison , made a constitutional complaint ( skarga konstytucyjna ) under LAW , read in conjunction with LAW of the LAW , asking for LAW to be declared unconstitutional . He alleged that the impugned provision infringed , inter alia , the prohibition of torture and inhuman or degrading treatment as derived from ORG CARDINAL of the LAW . He challenged LAW in particular in so far as it allowed for the placement of detainees for an indefinite period of time in cells below the statutory size .", "On DATE ORG held , inter alia , that the impugned LAW was in breach of LAW torture or cruel , inhuman , or degrading treatment or punishment ) , LAW ( right of a detainee to be treated in a humane manner ) and LAW ( the principle of the rule of law ) of the LAW . The court stressed that the provision lacked clarity and precision , which allowed for a very broad interpretation .", "ORG found that , in effect , the provision in question allowed for an indefinite and arbitrary placement of detainees in cells below the statutory size of CARDINAL m² per person , thus causing chronic overcrowding in NORP prisons and exposing detainees to the risk of inhuman treatment . ORG expressed its view as follows :", "“ In the opinion of ORG , the text of the impugned LAW and its interpretation in practice make this provision incompatible with Articles CARDINAL and CARDINAL paragraph CARDINAL of the LAW . Overcrowding in prisons , resulting from the implementation of the impugned provision , may lead to inhuman treatment of prisoners . It is difficult to imagine [ that a person could be afforded ] humane treatment in a cell , in which the space per person is CARDINAL m² ... “", "The court also observed that the overcrowding of detention facilities had to be treated as a serious problem , since it posed a permanent threat to the rehabilitation of prisoners . This view was expressed , inter alia , in the following paragraph :", "“ The postulate of humane treatment entails also the requirement of affording to detainees educational activities , which [ would ] prepare them for life after release from prison and prevent them from relapsing into crime , allowing for the achievement of the aims of a punishment . ”", "ORG also made the following reference to LAW :", "“ ORG , while interpreting constitutional provisions resorts to , both , the substantive law of LAW and acquis humanitarire which has been developed on the basis of LAW ] . The court will not , however , consider the question of a violation of the ORG itself , since this does not lie within its competencies . ”", "Moreover , in the view of ORG , the overcrowding in itself could be qualified as inhuman and degrading treatment . If combined with additional aggravating circumstances , it might even be considered as torture . In that connection the court noted that already the minimum statutory standard of CARDINAL m² per person was CARDINAL of the lowest in LOC .", "ORG further stressed that the provision in question was meant to be applied only in particularly justified cases , for example the occurrence of an engineering or building disaster in prison . Such a provision should not leave any doubt as to the definition of those permissible circumstances , the minimum size of the cell and maximum time when the new standards would apply . It should also lay down clear principles on how many times a detainee could be placed in conditions below the standard requirements and the precise procedural rules to be followed in such cases . In this connection , the court made a following remark :", "“ ORG does not exclude , however , a possibility of placing convicted persons on a temporary basis in cells , in which the space per person would be below CARDINAL m² ( [ derived from ] LAW ) . [ Such possibility could occur ] in genuinely exceptional circumstances ( for example , a sudden increase of crime rate and the number of judgments imposing a prison sentence ) . The principles governing a temporary placement of convicted persons in such cells should , nevertheless , be clearly indicated . [ The necessary ] regulations can not [ be dubious ] as to the exceptional character of the situation [ in question ] , the maximum time in which a detainee can be placed in a cell with reduced space , the possibility and eventual principles and procedure regulating multiple placements in such cells . ”", "The court further observed that , conversely , in practice LAW gave a wide discretion to prison governors to decide what constituted “ particularly justified circumstances ” and in consequence condoned the permanent state of overcrowding in detention facilities . It allowed for the placement of detainees in a cell where the area was below the statutory size for an indefinite period of time and it did not set a minimum permissible area .", "ORG , taking into consideration “ the permanent overcrowding of the NORP detention facilities ” , ruled that the unconstitutional LAW should lose its binding force within DATE from the date of the publication of the judgment . ORG justified the delayed entry into force of its judgment by the need to undertake a series of measures to reorganise the whole penitentiary system in GPE in order to , ultimately , eliminate the problem of overcrowding . It was also noted that , in parallel , a reform of criminal policy was desired with the aim of achieving a wider implementation of preventive measures other than deprivation of liberty . The court observed that an immediate entry into force of its judgment would only aggravate the already existing pathological situation where , because of the lack of cell space in NORP prisons , many convicted persons could not serve their prison sentences . At the time when the judgment was passed , the problem concerned CARDINAL persons . To this end the court made the following observation :", "“ ORG has decided , on the basis of LAW , to postpone the date on which the impugned LAW will lose its binding force , taking into consideration the factual situation of the NORP penitentiary system , namely the permanent overcrowding in prisons and the lack of places for serving a prison sentence .", "The [ above ] decision ( ... ) results , not even , from the need to amend legal provisions but from the necessity to undertake numerous actions of organisational nature , in order to eliminate overcrowding in prisons . What also seems to be desired is shifting penal policy in the direction of wider use of non - isolation [ preventive ] measures .", "An imminent loss of binding force of Article CARDINAL § CARDINAL of LAW would deepen the already existing pathological situation , in which many convicted persons can not serve their [ prison ] sentences because of the lack of space in prisons . This problem concerns currently over CARDINAL convicted persons . Such status quo , in which final judgments of [ criminal ] courts are not enforced , leads to the weakening of the authority of the ORG . ”", "In addition , ORG under the principle of the so - called “ right of privilege ” ( przywilej korzyści ) ordered an individual measure , namely that with regard to the author of the constitutional complaint the judgment should enter into force immediately after its publication . The right of privilege is relied on by ORG in the event the proceedings instituted by an individual terminate with a judgment with a delayed entry into force . This principle aims at rewarding the individual who brought the first constitutional complaint concerning a particular matter for his or her proactive attitude .", "As regards the context of the case , all the ORG authorities involved in the proceedings before ORG , namely ORG , the ORG and the Speaker of the PERSON , acknowledged the existence of overcrowding in the NORP detention facilities . ORG , in his pleadings of DATE , submitted that the problem of overcrowding in NORP detention facilities had continually existed since DATE , arising from the flawed interpretation of the impugned provision by domestic courts and penitentiary authorities . He also pointed out that , with the rate of overcrowding peaking at PERCENT on DATE , the prison authorities estimated that CARDINAL new places were needed in order to secure to detainees the statutory space of CARDINAL m² per person .", "DATE . In DATE , DATE and DATE ORG for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ( ORG ) carried out CARDINAL periodic visits to different detention establishments in GPE . The following recommendation has been repeatedly included in the relevant ORG ’s reports concerning the visited establishments [ ORG ( CARDINAL ) CARDINAL , ORG ( DATE ) CARDINAL and ORG ( DATE ) CARDINAL ] :", "“ Strenuous efforts to be made [ by the NORP authorities ] to reduce the cell occupancy rates , the objective being to provide a minimum of CARDINAL m² of living space per prisoner ”", "The relevant extracts from the General Reports prepared by the ORG read as follows :", "“ CARDINAL . Overcrowding is an issue of direct relevance to the ORG ’s mandate . All the services and activities within a prison will be adversely affected if it is required to cater for more prisoners than it was designed to accommodate ; the overall quality of life in the establishment will be lowered , perhaps significantly . Moreover , the level of overcrowding in a prison , or in a particular part of it , might be such as to be in itself inhuman or degrading from a physical standpoint .", "A satisfactory programme of activities ( work , education , sport , etc . ) is of crucial importance for the well - being of prisoners ... [ P]risoners can not simply be left to languish for DATE , possibly DATE , locked up in their cells , and this regardless of how good material conditions might be within the cells . The ORG considers that one should aim at ensuring that prisoners in remand establishments are able to spend a reasonable part of DATE ( TIME or more ) outside their cells , engaged in purposeful activity of a varied nature ...", "Specific mention should be made of outdoor exercise . The requirement that prisoners be allowed TIME of exercise in the open air every day is widely accepted as a basic safeguard ... It is also axiomatic that outdoor exercise facilities should be reasonably spacious ...", "Ready access to proper toilet facilities and the maintenance of good standards of hygiene are essential components of a humane environment ...", "The ORG would add that it is particularly concerned when it finds a combination of overcrowding , poor regime activities and inadequate access to toilet / washing facilities in the same establishment . The cumulative effect of such conditions can prove extremely detrimental to prisoners . ”", "“ CARDINAL . As the ORG pointed out in DATE ORG , prison overcrowding is an issue of direct relevance to the ORG ’s mandate ( cf . ORG ( CARDINAL ) CARDINAL , paragraph CARDINAL ) . An overcrowded prison entails cramped and unhygienic accommodation ; a constant lack of privacy ( even when performing such basic tasks as using a sanitary facility ) ; reduced out - of - cell activities , due to demand outstripping the staff and facilities available ; overburdened health - care services ; increased tension and hence more violence between prisoners and between prisoners and staff . This list is far from exhaustive .", "The ORG has been led to conclude on CARDINAL occasion that the adverse effects of overcrowding have resulted in inhuman and degrading conditions of detention ... ”", "“ CARDINAL . The phenomenon of prison overcrowding continues to blight penitentiary systems across LOC and seriously undermines attempts to improve conditions of detention . The negative effects of prison overcrowding have already been highlighted in previous ORG ...", "In a number of countries visited by the ORG , particularly in central and eastern LOC , inmate accommodation often consists of large capacity dormitories which contain all or most of the facilities used by prisoners on a DATE basis , such as sleeping and living areas as well as sanitary facilities . The ORG has objections to the very principle of such accommodation arrangements in closed prisons and those objections are reinforced when , as is frequently the case , the dormitories in question are found to hold prisoners under extremely cramped and insalubrious conditions ... Large - capacity dormitories inevitably imply a lack of privacy for prisoners in their everyday lives ... All these problems are exacerbated when the numbers held go beyond a reasonable occupancy level ; further , in such a situation the excessive burden on communal facilities such as washbasins or lavatories and the insufficient ventilation for so many persons will often lead to deplorable conditions .", "The ORG frequently encounters devices , such as metal shutters , slats , or plates fitted to cell windows , which deprive prisoners of access to natural light and prevent fresh air from entering the accommodation . They are a particularly common feature of establishments holding pre - trial prisoners . The ORG fully accepts that specific security measures designed to prevent the risk of collusion and/or criminal activities may well be required in respect of certain prisoners ... [ E]ven when such measures are required , they should never involve depriving the prisoners concerned of natural light and fresh air . The latter are basic elements of life which every prisoner is entitled to enjoy ... ”", "The relevant extracts from ORG on ORG ( CARDINAL , adopted on DATE at the PERSON meeting of ORG ) , read as follows :", "“ ...", "All persons deprived of their liberty shall be treated with respect for their human rights .", "...", "Restrictions placed on persons deprived of their liberty shall be the minimum necessary and proportionate to the legitimate objective for which they are imposed .", "Prison conditions that infringe ORG human rights are not justified by lack of resources .", "Life in prison shall approximate as closely as possible the positive aspects of life in the community .", "All detention shall be managed so as to facilitate the reintegration into free society of persons who have been deprived of their liberty .", "...", "CARDINAL The accommodation provided for prisoners , and in particular all sleeping accommodation , shall respect human dignity and , as far as possible , privacy , and meet the requirements of health and hygiene , due regard being paid to climatic conditions and especially to floor space , cubic content of air , lighting , heating and ventilation .", "CARDINAL NORP In all buildings where prisoners are required to live , work or congregate :", "a. the windows shall be large enough to enable the prisoners to read or work by natural light in normal conditions and shall allow the entrance of fresh air except where there is an adequate air conditioning system ;", "b. artificial light shall satisfy recognised technical standards ( ... )", "CARDINAL Specific minimum requirements in respect of the matters referred to in CARDINAL and CARDINAL shall be set in national law .", "CARDINAL ORG law shall provide mechanisms for ensuring that these minimum requirements are not breached by the overcrowding of prisons .", "CARDINAL Prisoners shall normally be accommodated during TIME in individual cells except where it is preferable for them to share sleeping accommodation .", "CARDINAL GPE shall only be shared if it is suitable for this purpose and shall be occupied by prisoners suitable to associate with each other .", "...", "CARDINAL All parts of every prison shall be properly maintained and kept clean at all times .", "CARDINAL.CARDINAL When prisoners are admitted to prison the cells or other accommodation to which they are allocated shall be clean .", "CARDINAL Prisoners shall have ready access to sanitary facilities that are hygienic and respect privacy .", "CARDINAL ORG facilities shall be provided so that every prisoner may have a bath or shower , at a temperature suitable to the climate , if possible DATE but at least twice DATE ( or more frequently if necessary ) in the interest of general hygiene .", "CARDINAL ORG shall keep their persons , clothing and sleeping accommodation clean and tidy .", "CARDINAL The prison authorities shall provide them with the means for doing so including toiletries and general cleaning implements and materials . ”", "The Government submitted that the problem of overcrowding in NORP detention facilities had started in DATE . It was at its worse in DATE with the rate of overcrowding peaking at PERCENT . Since then , however , a series of robust measures had been undertaken to fight the problem of overcrowding . As a result , the rates of overcrowding , calculated for all detention facilities , dropped by DATE to PERCENT and calculated only for prisons and remand centres , to PERCENT . According to the statistics published by the prison service authorities , in DATE those rates were PERCENT respectively .", "The Law of DATE on the electronic surveillance of persons serving a penalty of imprisonment outside penitentiary facilities ( LOC o wykonywaniu kary pozbawienia wolności poza zakładem karnym w systemie dozoru elektronicznego ; Journal of Laws of DATE , No . CARDINAL , item CARDINAL ; ) enters into force on DATE . The law introduces a possibility of serving short - term sentences under a non - incarceration system . It aims , among other things , at reducing the number of prisoners . In the ORG ’s submission , within DATE after the implementation of the new law , CARDINAL convicts would be taken under the programme , the ultimate target being CARDINAL convicted persons DATE .", "In addition , ORG prepared a series of draft laws , amending the relevant provisions of LAW and other relevant acts . The proposed amendments aim at eradicating the problem of overcrowding by employing different means , among others , by empowering the governors of detention facilities to stay the enforcement of a prison sentence in the event that the detention facility , to which a particular convicted person had been assigned , has no vacant places .", "In addition , Article CARDINAL of LAW which had been declared unconstitutional and other related provisions are to be repealed or amended in enforcement of the judgment of ORG of DATE ( see paragraph CARDINAL above ) . As of the date of the ORG ’s judgment the draft law in question had not yet been submitted to the ORG .", "In the ORG ’s submission a special programme had been drawn up for DATE , with the aim of obtaining CARDINAL new places in detention facilities .", "As submitted by the ORG , PERCENT of the target had already been reached within DATE of the programme ’s implementation . In addition , CARDINAL new places were created by DATE in former schools and army compounds in ORG and ORG .", "The plan also envisaged to obtain CARDINAL new places by DATE and another CARDINAL by DATE ." ]

[ "3" ]

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[ "Mr PERSON is a NORP national who was born in DATE and lives in GPE département of Essonne ) .", "On DATE at TIME he was travelling by motor bicycle along a trunk road near GPE when the police recorded his speed as QUANTITY on a stretch of road where a QUANTITY limit was in force .", "Such conduct contravenes LAW , which sets a speed limit of QUANTITY for dual carriageways with a central reservation , Article NORP CARDINAL CARDINAL - CARDINAL , which provides that exceeding the limit by QUANTITY is punishable by the fines prescribed for class CARDINAL offences , and LAW , which provides that where the speed limit has been exceeded by QUANTITY the offender may be temporarily disqualified from driving ( see paragraph CARDINAL below ) .", "The applicant refused to pay the fine imposed and on DATE elected to stand trial . On DATE he was summoned to appear in ORG .", "In ORG the applicant argued firstly that in law the evidence adduced by the police or gendarmerie was not capable of establishing the offence , given the inaccuracy of the readings taken from the speed - recording device they had used for that purpose . In addition , he contested the lawfulness of Decrees CARDINAL . CARDINAL of DATE and CARDINAL of DATE implementing a points system for driving licences and the applicability of PERSON no . CARDINAL - CARDINAL of DATE introducing a points system for driving licences ( see paragraph CARDINAL below ) .", "In a judgment of CARDINAL DATE ORG found Mr PERSON guilty of the offence of exceeding the speed limit by DATE kph . It fined him MONEY and disqualified him from driving for DATE pursuant to Articles R. QUANTITY CARDINAL - CARDINAL , R. CARDINAL CARDINAL - CARDINAL and R. CARDINAL of FAC ( see paragraph CARDINAL below ) .", "On the question of the decrees implementing the points system for driving licences , ORG held that criminal courts had jurisdiction to determine the lawfulness of administrative regulatory measures only in so far as such measures were the basis of a prosecution or carried a criminal sanction . Moreover , it followed from LAW , according to which ORG CARDINAL of the Criminal Code and CARDINAL of LAW did not apply to the deduction of driving licence points , that the deduction of such points was not a secondary criminal sanction triggered by a conviction , with the result that its legal basis fell outside the jurisdiction of the criminal courts .", "Mr PERSON appealed to ORG contending that the PERSON of DATE was incompatible with LAW in so far as sections CARDINAL and CARDINAL of that PERSON excluded any possibility of judicial review of a measure which was recorded on the national register of driving licences and which restricted rights and deprived the person concerned of the freedom of movement . He also alleged that the above - mentioned decrees on the points system for driving licences and Decree no . CARDINAL of DATE concerning the penalties for exceeding the speed limits were unlawful , and asked ORG to acquit him .", "In a judgment of CARDINAL DATE ORG upheld the impugned judgment . It found in the first place that the deduction of driving licence points did not interfere with the freedom of movement as imprisonment , residence restrictions or exclusion from NORP territory would have done . In addition the court held :", "“ … the loss of points is not a criminal sanction as it does not have the requisite features , nor is it a secondary criminal sanction triggered by a criminal conviction .", "As it has the character of a sanction on account of CARDINAL of its features ( the punitive element ) the loss of points must be regarded in terms of current positive law as an administrative sanction .", "…", "There is no doubt that disputes may arise as to the number of points lost or their restitution before or after a further loss for instance .", "It must be possible to submit the administrative sanction for review to an impartial and independent tribunal which gives its decision in public .", "However , as the law stands , that tribunal can not be the criminal court ; the question of the conformity of Law no . CARDINAL - CARDINAL with a superior law falls outside the jurisdiction of the criminal courts . ”", "ORG also dismissed the arguments based on the unlawfulness of Decrees nos . CARDINAL - CARDINAL and CARDINAL of DATE .", "The applicant lodged an appeal on points of law , arguing in particular that the PERSON of DATE and the Decrees of DATE and CARDINAL DATE implementing the deduction of points by administrative measure were contrary to LAW . He also pleaded the unlawfulness of LAW DATE penalising speeding and the unreliability of the speed - recording device .", "In a judgment of CARDINAL DATE ORG dismissed the appeal . It held as follows :", "“ ORG was entitled to dismiss the objections properly raised in the proceedings before it and based on the alleged incompatibility of the Law of DATE introducing the system of points for driving licences with LAW of LAW and the unlawfulness of the decrees of DATE and CARDINAL DATE implementing the deduction of points by administrative measure .", "It follows from LAW , according to which ORG CARDINAL of the Criminal Code and CARDINAL of LAW , as then in force , do not apply to the docking of driving licence points , that the latter measure does not have the character of a secondary criminal sanction triggered by a criminal conviction and that accordingly neither its alleged incompatibility with the ORG provision relied on nor its legal basis fall within the jurisdiction of the criminal courts .", "In addition , the outcome of a prosecution for a speeding offence , as in the present case , does not depend , within the meaning of LAW which entered into force on DATE , on examination of the provisions implementing the deduction of points … ”", "To date , Mr PERSON has not been notified of the docking of any points .", "The system of points for driving licences was introduced by PERSON no . CARDINAL - CARDINAL of DATE , which came into force on DATE . This system was supplemented by PERSON no . DATE of DATE , which made provision for automatic processing of points deductions . Responsibility for management of the data was assigned to ORG . The implementing decrees were promulgated on DATE and DATE . Ruling on applications to have these decrees declared void as ultra vires , the ORG d’Etat found them to be lawful .", "Under these provisions taken as a whole , each driving licence has an initial allocation of CARDINAL points . Points are then automatically docked if the licence - holder commits CARDINAL of the offences listed in Article CARDINAL of LAW , this being established by the payment of a standard fine or by a conviction which has become final .", "The facts constituting the offence are assessed within the unfettered discretion of the criminal court , which establishes them and classifies them before imposing the appropriate criminal penalty . On the basis of the facts established by the criminal court , the administrative authority , here the Minister of the ORG , takes the decision to dock points from the offender ’s driving licence , a decision which is given formal effect by a letter sent to the offender pursuant to LAW .", "According to the established case - law of ORG ( judgments of DATE , and CARDINAL and CARDINAL DATE ) and of the ORG d’Etat ( judgment of CARDINAL DATE : ORG ) , the docking of points does not have the character of a secondary criminal sanction triggered by a conviction , but of a purely administrative measure .", "NORP The relevant provisions are as follows :", "“ The prison sentences and fines applicable to class CARDINAL offences shall be imposed on any driver contravening the provisions of Book CARDINAL concerning :", "...", "NORP the speed of motor vehicles , whether or not pulling a trailer :", "…", "– where the recorded speed exceeds the speed limit by QUANTITY or more . ”", "“ Any driver of a motor vehicle , whether or not pulling a trailer , shall be punishable by the fine applicable to class CARDINAL offences , where the speed of the vehicle is found to exceed the speed limit by QUANTITY . ”", "“ Any breach of the Articles of this Code listed below may result in the person concerned being temporarily disqualified from driving where the nature of such breach corresponds to the short description given at DATE Article :", "…", "Articles NORP CARDINAL to NORP CARDINAL - CARDINAL : exceeding the speed limit by QUANTITY or more ... ”", "“ A number of points shall be allocated to every licence to drive a motor vehicle . CARDINAL or more of these points shall be automatically docked if the licence - holder commits CARDINAL of the offences defined in Article CARDINAL - CARDINAL . When the number of points reaches nil , the licence shall become invalid . ”", "“ CARDINAL or more points shall be automatically docked from a driving licence if CARDINAL of the following offences is established :", "( a ) offences defined in PERSON , PERSON , PERSON and L. CARDINAL of FAC ;", "( b ) offences of unintentional homicide or causing injury while driving a vehicle ; and", "( c ) minor road traffic offences , exhaustively listed , likely to endanger the safety of others .", "These offences shall be established by means of either the payment of a fixed fine or a final conviction .", "The offender shall be duly informed that the payment of the fine constitutes an admission of the offence , and thus entails a number of points being docked from his licence . ”", "“ Where CARDINAL of the major offences ( délits ) referred to in LAW has been established , CARDINAL the original number of points shall be docked .", "In the case of the minor offences ( contraventions ) , CARDINAL of the original number of points shall be docked .", "... ”", "“ Persons committing one of the offences referred to in LAW CARDINAL may not be exempted from the docking of points from their driving licence by the application of LAW ... Furthermore , the provisions of LAW ... shall not apply to the docking of points from a driving licence . ”", "“ Any breach of the ORG listed below , where the nature of such breach corresponds to the short description given at DATE , shall give rise to the automatic docking of points as follows :", "CARDINAL points docked for minor offences under the following Articles :", "…", "ORG R. CARDINAL to NORP CARDINAL - CARDINAL of FAC : exceeding the speed limit by QUANTITY or more ...", "CARDINAL points docked for minor offences under the following Articles :", "…", "Articles R. CARDINAL to R. CARDINAL - CARDINAL of FAC : exceeding the speed limit by QUANTITY but QUANTITY ...", "CARDINAL points docked for minor offences under the following Articles :", "…", "Articles R. CARDINAL to R. CARDINAL - CARDINAL of FAC : exceeding the speed limit by QUANTITY but QUANTITY , except in the case of drivers covered by the last paragraph of LAW of LAW ...", "CARDINAL point docked for minor offences under the following Articles :", "…", "Articles R. CARDINAL to R. CARDINAL - CARDINAL of FAC : exceeding the speed limit by QUANTITY ... , except in the case of drivers covered by the last paragraph of LAW of LAW ... ”", "“ At the time when the details of an offence are recorded , the driver shall be informed that the offence may result in a number of points being docked if the offence is established by means of either the payment of a fixed fine or a final conviction .", "The driver shall also be informed that there is an automatic system for the deduction and restoration of points , and that he can have access to the information concerning him … When the Minister of the ORG notes that an offence entailing the docking of points has been established … , he shall dock the relevant number of points from the offender ’s licence , and inform the offender accordingly in a letter sent by ordinary post . The Minister of the ORG shall take note and inform the person concerned , in the same manner , of any points restored ... ”", "“ If the licence - holder does not commit a further offence punishable by the docking of points in DATE following the date on which his last conviction became final … , the original number of points shall be restored to the licence ... The licence - holder may have a number of points restored if he agrees to take a special training course , which must include an element designed to increase awareness of the causes and consequences of road accidents . ”", "“ Once the certificate of course attendance is issued , the driver shall be entitled to have CARDINAL points restored to his licence . However , the total number of points on the licence , after these points have been restored , may not exceed CARDINAL . ”", "Under the current Criminal Code , which came into force on DATE , temporary or permanent disqualification from driving may be imposed for minor offences ( under LAW ( CARDINAL ) and CARDINAL - CARDINAL ( CARDINAL ) ) ; major offences ( under LAW ( CARDINAL ) and ( CARDINAL ) ) ; and certain serious crimes ( crimes ) such as torture , grievous bodily harm , rape and drug trafficking ( under LAW ) ." ]

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[ "6-1" ]

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[ "Mr Quaranta , who is an NORP national , was born in DATE at GPE ( GPE ) . He arrived in GPE at a very young age , with his parents . He resides at Vevey in GPE , where he pursues the occupation of assistant plumber .", "DATE he was placed in various homes for juveniles . In DATE he was made the subject of an educational assistance order by decision of the President of ORG . On his return to his GPE home , he began , in DATE , a plumber ’s apprenticeship but failed to complete it . He subsequently worked for a number of local companies .", "On DATE ORG gave him a suspended sentence of CARDINAL months’ imprisonment , with DATE probation , for aggravated theft , robbery , criminal damage and taking and driving away a motor vehicle without a driving licence . The court decided to treat him on the same footing as his accomplice and accepted his plea of diminished responsibility ( LAW ) , but without ordering an expert psychiatric opinion ; it also took into consideration his youth , the short duration of his criminal activity , his personal situation at the time of the offences , particularly as regards his emotional insecurity , and the lasting improvement observed in his behaviour . This decision is not here in issue .", "The applicant , who was suspected of an offence under ORG of DATE ( \" LAW \" ) , appeared on DATE before the investigating judge ( \" juge informateur \" ) of the Vevey - Lavaux district . In the course of this sole examination , he requested free legal assistance ( LAW paragraph CARDINAL below ) .", "On DATE the investigating judge communicated the application to the President of ORG who rejected it ( LAW paragraph CARDINAL below ) on DATE on the grounds that \" the needs of the defence [ did ] not require ... the provision of free legal assistance \" and that \" the case [ did ] not give rise to particular difficulties \" . Mr Quaranta was informed of this decision on DATE and , although advised of his right to appeal against it within DATE to the indictments tribunal , he did not do so .", "On DATE he went to ORG to reiterate his request . By a letter of DATE the registrar informed him that he could not lodge such a request until his file had reached the court .", "On DATE the investigating judge committed the applicant for trial in ORG , charged with offences under Articles CARDINAL para . CARDINAL , CARDINALrd , CARDINALth and CARDINALth indents , and DATE ( a ) para . CARDINAL of the CARDINAL Act ( see paragraph CARDINAL below ) .", "On DATE the applicant repeated his request for free legal assistance , but on DATE the President of ORG refused it for the same reasons as on DATE ( see paragraph CARDINAL above ) .", "The hearing began on CARDINAL DATE at TIME ; it lasted TIME . The applicant appeared in person without the assistance of a lawyer . No representative of the public prosecutor ’s office participated in the court proceedings . The main documents in the file were read out , including the committal order . Mr Quaranta answered the President ’s questions and added a few words in his defence .", "DATE , after having deliberated , the court found the applicant guilty of taking drugs and drug trafficking and on this account sentenced him to CARDINAL months’ imprisonment ; the sentence was not suspended . In addition , having stressed the relative seriousness of the offences , committed while on probation under the DATE decision , it revoked the suspension order ( Article CARDINAL para . CARDINAL of LAW ) and ordered the activation of the previous sentence ( see paragraph CARDINAL above ) , from which DATE that the accused had spent in detention on remand were to be deducted .", "In the grounds of the judgment the court noted that the applicant had taken hashish DATE since DATE and that from DATE he had bought , in small quantities , QUANTITY of this drug , most of which he had sold . It considered that a heavy penalty was called for because of the large quantity of hashish involved and the applicant ’s profit - making intention . However , in mitigation , it took into account his \" very precarious \" financial position during the period in question ; he was unemployed and he lived , together with his family , on social security benefit .", "Through a lawyer , whose services he paid for himself , Mr Quaranta appealed to ORG of ORG .", "He pleaded primarily that the court should quash the judgment of CARDINAL DATE . In his view , his youth , his lack of vocational training and his CARDINAL previous convictions ( see paragraph CARDINAL above ) had made the presence of a lawyer necessary for his defence . Furthermore , the contested decision was , he claimed , flawed by reason of the criminal court ’s failure to state why it had considered that the subjective conditions for suspending the sentence were not satisfied .", "In the alternative the applicant asked ORG to vary the decision . He argued that the trial court had misapplied LAW inasmuch as , on account of his age and the improvement observed in his behaviour , he should have been left a last chance and been given a further suspended sentence .", "On DATE ORG dismissed the appeal on the following grounds :", "\" Application to have the decision quashed ( recours en nullité )", "...", "In a judgment , PERSON , of CARDINAL DATE ... ORG of ORG laid down the following principles :", "The conditions set forth in Article CARDINAL para . CARDINAL ORG [ Code of Criminal Procedure ] - the needs of the defence in a criminal prosecution - are the same as those laid down in the case - law concerning the right to free legal assistance as it may be inferred from LAW . The accused must be provided with defence counsel where the sentence which he may expect on conviction can not be suspended because of its length , or where there is a likelihood of an order confining him to a non - penal institution [ mesure privative de liberté ] ; in other cases such a right may be recognised under LAW only where , in addition to the relative seriousness of the case , there are special difficulties from the point of view of the establishment of the facts or the legal issues raised ; it is then necessary to take account of the accused ’s capacities , his experience in the legal field and the measures which appear necessary , in the specific case , to provide for his defence , in particular as regards the evidence which he will have to produce .", "...", "In this instance , the length of the term of imprisonment did not in itself rule out the possibility of a suspended sentence . Moreover , the appellant does not claim that free legal assistance was necessary because he expected to receive a sentence which could not be suspended by reason of its length ; there was no difficulty in the establishment of the facts , which , as the appellant states in his memorial , ‘ are admitted in their large NORP ; nor does the appellant rely on legal difficulties , and he is correct in not doing so ; as regards the reasons relating to the accused ’s personal situation , the fact that he is a young adult within the meaning of ORG CARDINAL ter of FAC , and has already been convicted , can not be regarded as constituting a particular difficulty .", "The submission is therefore unfounded and must fail .", "...", "In so far as the appellant seeks to show that the decision was flawed with regard to points of fact which constituted the basis of the reasoning of the first - instance court in its refusal to suspend the sentence , it may be accepted that this submission raises a question of nullity . But it is unfounded . In fact , in order to establish whether the subjective conditions for suspending a sentence are satisfied , the trial judge must determine whether there are prospects for the defendant ’s lasting improvement , having regard to his past history and his character ( PERSON du Tribunal fédéral , [ ORG , official reports of the judgments of ORG ] CARDINAL IV CARDINAL , ground CARDINAL ; ORG : PERSON , DATE , ad PERSON . : CARDINAL.CARDINAL.CARDINAL ) . In this instance the trial court noted the appellant ’s past history and found that he took and trafficked in drugs . As regards his character , it described his curriculum vitae , his family situation , his reputation and his financial position . The trial court therefore gathered together all the necessary information to make a prognosis . Consequently , the complaint that the decision was flawed in this respect is unfounded and the application to have the decision quashed must fail .", "...", "Application to have the decision varied ( recours en réforme )", "...", "Tribunaux [ ORG , ORG ] DATE I CARDINAL no . CARDINAL , and the judgments mentioned therein ) . The same principles have been laid down by this Court : the appellate body should intervene only where the trial court misuses its power of assessment or where it has failed to give expressly or impliedly the grounds for its decision ( see ORG with annotations , LAW , p. CARDINAL ) .", "In this instance , the grounds for refusing to suspend the sentence were stated by implication and did not constitute misuse of the power of assessment . The quantity of drugs involved was large and the appellant ’s criminal activity continued over a long period , while he was on probation under another sentence . The profit - making purpose is clear . Not even his precarious financial position excuses engaging in such traffic . The information obtained regarding the appellant is not wholly positive . The refusal to suspend the sentence is therefore justified and the application to have the decision varied must therefore also fail . \"", "The applicant then lodged a public - law appeal with ORG , complaining of the arbitrary application of LAW and of violations of LAW CARDINAL para . CARDINAL ( c ) ( article DATE ) of the Convention . He also sought free legal assistance in the proceedings before ORG .", "On DATE ORG allowed his request for free legal assistance , but dismissed the appeal in the following terms :", "\" CARDINAL . The appellant states that the submissions on which he relies ... overlap for the most part and he gives no specific grounds , as required under LAW para . CARDINAL ( b ) OJ [ Federal Act on the organisation of the courts of DATE ] , concerning the complaint of a violation of ORG . Moreover , the guarantees secured by the provisions of LAW are in part already contained in LAW . They do not therefore in this case have separate effect ( ORG CARDINAL Ia CARDINAL , ground f , CARDINAL Ia CARDINAL , ground CARDINAL ) . The present appeal can consequently be examined only from the point of view of domestic law .", "...", "... In other words provision of free legal assistance is indispensable where the case in question is of some gravity and gives rise to difficulties as to the facts or to the law of a kind that the accused is not in a position to deal with ( ORG CARDINAL Ia CARDINAL s. , ground CARDINAL c , CARDINAL Ia CARDINAL et seq . ) . In order to ascertain whether the minimum requirements of LAW are satisfied , it is necessary in each case to assess all the specific circumstances ( ORG CARDINAL Ia CARDINAL ) .", "( a ) As far as the length of the likely sentence is concerned ( an order of confinement in a non - penal institution not being relevant to the present case ) , the appellant does not claim that he risked , in the given circumstances and for the only offences of which he was accused , a sentence whose length was in excess of a sentence which might be suspended . Clearly the risk of the activation of the previous suspended sentence ( which was here for a term of CARDINAL months’ imprisonment ) has to be taken into account ( see the PERSON judgment , cited above , ground CARDINAL b ) . But the appellant does not maintain that , in view of this possibility , he in fact risked a custodial sentence of DATE . On the contrary , he relied on the total of CARDINAL months’ imprisonment imposed on him in order to argue that free legal assistance might have made it possible for him to obtain a more lenient sentence . It must therefore be recognised that the overall sentence which he actually risked did not exceed DATE and therefore did not entail the obligation to grant him free legal assistance .", "( b ) Evidently , the appellant ’s case must be regarded in itself as relatively serious , for the reasons set out in the judgments of ORG and ORG . However , various considerations which the case - law has identified as militating in favour of according free legal assistance did not apply : ORG was not in detention on remand for a long time , which would have been an impediment to his defence ; he was released on DATE on which he had been arrested ( ORG CARDINAL Ia CARDINAL , ground CARDINAL e , CARDINAL GPE CARDINAL/CARDINAL ) ; the prosecution case was not argued , at the trial hearing on DATE , by a representative of the public prosecutor ’s office ( ORG CARDINAL Ia CARDINAL , ground CARDINAL b , CARDINAL Ia CARDINAL i. f. ) ; despite a certain instability , the appellant did not appear to be a man of diminished capacity either physically or mentally , as can be inferred from the attestation and the statements of his employer , as well as those of the social worker questioned by the police . In addition , his case did not give rise to any difficulty as to the facts , since the investigation concerning him consisted merely of a single interview by the investigating judge . Moreover , he immediately admitted the facts in respect of which he was accused , and which are not in any case contested in the appeal ( ORG CARDINAL Ia CARDINAL , CARDINAL Ia CARDINAL ) .", "...", "( aa ) As regards the possibility of diminished criminal responsibility , the appellant relies , in the first place , on the extract from the contested judgment in which it is stated that ‘ from DATE until DATE , and with greater frequency since DATE , the accused has taken hashish on a DATE basis’ , an extract reproduced verbatim from the first - instance judgment of CARDINAL DATE . Secondly , he relies on the Conconi judgment ( ORG CARDINAL IV CARDINAL et seq . ) . It appears , however , from the file of the investigating judge of the LOC district that the above - mentioned statement of fact is not accurate . Questioned on DATE by the police , the appellant stated : ‘ I have been smoking hash for DATE . For DATE I have smoked every day’ . The same day , he answered the investigating judge as follows : ‘ I first came into contact with hashish at DATE ... . Since then I have smoked it from time to time ; it is really only over DATE that I have been smoking hashish almost daily’ . The police report of DATE notes that ORG ‘ stated that he had been smoking hashish for DATE and more regularly for DATE . There is no evidence to the effect that , contrary to his statements , the appellant smoked hashish on a DATE basis ‘ from DATE onwards’ , or indeed that he has in fact smoked DATE since DATE . Moreover , the same evidence makes clear that he only used hashish , and not ‘ hard’ drugs . In any event the committal order and the criminal court ’s judgment of CARDINAL DATE concerned solely hashish .", "On issues of law it was unnecessary to appoint a lawyer to act for the appellant in order to draw the ORG ’s attention to the fact that , in accordance with the Conconi judgment , ‘ the court has a duty , where consumption of narcotics is involved , to consider whether the circumstances cast doubt on the accused ’s responsibility’ . Quaranta appeared in no way disturbed and , unlike Conconi , he had never used ‘ hard’ drugs . The cantonal courts , which inquired into the accused ’s character and expressed their views in this respect , therefore clearly considered that there were no grounds for doubting his mental state . Whether or not they were under an obligation to say so expressly in their judgments , as would seem to be a possible inference from the Conconi judgment , is immaterial in relation to an alleged obligation to accord free legal assistance .", "( bb ) The question whether the reason for the refusal to suspend the new sentence also necessarily entailed the activation of the previous suspended sentence ( cf . ORG CARDINAL IV CARDINAL/CARDINAL ) was not in itself a complex legal issue which required the granting of free legal assistance . Given the appellant ’s previous history and the nature and the dates of the new offences , there is no evidence that the provision of legal assistance - which ORG moreover received for his appeal to ORG - would have been necessary for the protection of his rights .", "... . \"", "On DATE Mr Quaranta went to the prison of GPE ( GPE ) to serve his sentence , but ORG of GPE accorded him a partial pardon by a decree of CARDINAL DATE which was worded as follows :", "\" The enforcement of the sentences of ten months’ imprisonment , DATE of detention on remand , and CARDINAL months’ imprisonment to which ORG was sentenced by ORG respectively on CARDINAL DATE and CARDINAL DATE shall be suspended as from DATE for DATE from the date of suspension . \"", "According to the first paragraph of LAW ,", "\" All NORP nationals shall be equal before the law . In GPE there shall be no vassals ; and there shall be no privileges attaching to a place , birth , persons or families . \"", "The CARDINAL provisions of LAW relied on or applied in the present case are as follows :", "\" The accused must be provided with defence counsel in all cases in which a representative of the public prosecutor ’s office participates in the court proceedings .", "In other cases , he may be provided with defence counsel , even against his will , when the needs of the defence so require , in particular for reasons relating to his personality or because of the particular difficulties of the case . \"", "\" At any time until the opening of the trial , the accused may request free legal assistance . He shall make such a request to the investigating judge , who shall transmit it forthwith , with his preliminary opinion , to the President of the competent court ; when the case has already been referred to the court , the accused shall submit his request directly to the President .", "The President shall take his decision promptly ; ... . \"", "Sections CARDINAL para . CARDINAL and DATE ( a ) para . CARDINAL provide inter alia :", "\" Any person who unlawfully cultivates alkaloid or hemp plants with a view to producing narcotics ,", "any person who unlawfully manufactures , extracts , transforms or prepares narcotics ,", "any person who unlawfully stocks , dispatches , transports , imports , exports or carries them in transit ,", "any person who unlawfully offers , distributes , sells , deals in , procures , prescribes , markets or transfers them ,", "any person who unlawfully possesses , holds , purchases or otherwise acquires them ,", "any person who takes steps to pursue these ends ,", "any person who finances illegal traffic in narcotics or who serves as intermediary for such financing , and", "any person who publicly encourages the consumption of drugs or reveals how to obtain or consume them ,", "shall be liable , if he has acted intentionally , to imprisonment or a fine . In serious cases the sentence may be imprisonment ( réclusion or emprisonnement ) for DATE ; such a sentence may be accompanied by the imposition of a fine of CARDINAL MONEY .", "... . \"", "\" Any person who unlawfully and intentionally consumes narcotics or any person committing an infringement of LAW in order to provide for his own consumption shall be liable to detention or a fine .", "... . \"", "The term of imprisonment ( emprisonnement ) is laid down in DATE LAW :", "\" The term of imprisonment ( emprisonnement ) shall be not DATE and , except as expressly provided to the contrary by statute , shall not exceed DATE . \"", "The rules governing the suspension of sentence are set out in LAW , which is worded as follows :", "\" CARDINAL . Where a custodial sentence of not DATE or an accessory penalty is imposed , the court may suspend the enforcement of the sentence , if the record and character of the convicted person suggest that this measure will deter him from committing further offences and if he has made reparations , to the extent which might reasonably be expected of him , for damage as assessed by the court or by agreement with the injured party .", "The sentence may not be suspended where the convicted person has undergone , in respect of an intentional offence ( crime or délit ) , CARDINAL months’ imprisonment ( réclusion or emprisonnement ) within DATE preceding the commission of the offence . Foreign convictions are to be taken into account in so far as they are not contrary to NORP public policy .", "In suspending the sentence , the court shall accord the convicted person a probationary period of from DATE .", "Where CARDINAL sentence is involved , the judge may limit the effect of the suspension to certain of them .", "... . \"", "In the case of abnormal offenders , alcoholics and drug addicts , the court may order the following measures and treatment :", "\" Where the mental state of an offender who has committed , by reason of this state , an offence punishable by imprisonment ( réclusion or emprisonnement ) under the present Code requires medical treatment or special care intended to remove or reduce the danger of the offender ’s committing other such offences , the court may order that he be sent to a hospital or an asylum . It may order out - patient treatment if the offender does not represent a danger for other persons . \"", "...", "Where out - patient treatment is ordered , the court may suspend the sentence imposed if that sentence is not compatible with the treatment . In such circumstances , it may order the convicted person to comply with rules of conduct under LAW ) and , if necessary , place him under court supervision .", "... . \"", "\" CARDINAL . If the offender is an alcoholic and he has committed the offence in question by reason of this state , the court may commit him to an establishment for alcoholics or if necessary to a hospital in order to prevent new offences . The court may also order out - patient treatment . Article CARDINAL ( CARDINAL ) is applicable by analogy .", "The court shall order if necessary an expert opinion on the physical and mental state of the offender and on the appropriateness of the treatment .", "...", "This Article applies by analogy to drug addicts .", "... . \"" ]

[ "6" ]

[ "6-3" ]

[ "6-3-c" ]

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[ "The applicant , Mr PERSON , is a NORP national who was born in DATE and lives in GPE ( GPE ) . He was represented before the ORG by Mrs I. Jansone , a lawyer practising in GPE .", "The facts of the case , as submitted by the applicant , may be summarised as follows .", "In DATE the applicant , together with CARDINAL other individuals and a legal entity , set up a limited - liability company named ORG ( “ the company ” ) , which was entered immediately in the companies register ( ORG reģistrs ) . The new company ’s base capital amounted to CARDINAL lati ( ORG ) , comprising CARDINAL shares worth ORG each . The applicant held CARDINAL shares , making him the majority shareholder . In DATE the applicant used his shares as security for a loan from a commercial bank in GPE , but continued to own them .", "On DATE a general meeting of company members decided to wind up the company . On DATE a winding - up petition was lodged with ORG , which examined it at a hearing on DATE . Despite the explanations of the company ’s representatives to the effect that the company ’s financial situation had improved in the meantime , with the result that it was now able to honour its debts , the court declared the company insolvent , placed it in compulsory liquidation and appointed a liquidator ( administrators ) , ORG In addition , the court appointed the company ’s Chairman , GPE , its Chief Executive , ORG , and its accountant , ORG , as the debtor ’s representatives ( parādnieka pārstāvji ) . ORG judgment of DATE was final .", "In DATE a LOC meeting adopted a recovery plan ( sanācijas plāns ) for the company , based in particular on a very substantial increase in its share capital . However , by an order of DATE , ORG refused to ratify the plan .", "Notwithstanding this refusal , ORG forwarded amendments to the company ’s memorandum and articles of association for entry in the companies register . The amendments were entered straight away . On an application by the applicant dated DATE , ORG ( galvenais valsts notārs ) cancelled the registration of the amendments in question . According to ORG , the liquidator had acted in bad faith , as he had had no right to amend the company ’s memorandum and articles of association when the recovery plan had not been ratified by the courts . ORG also observed that the increase in the company ’s share capital envisaged by ORG would interfere with the applicant ’s right of pre - emption over the new shares .", "On DATE a NORP meeting again approved the increase in the company ’s share capital and the amendments to its memorandum and articles of association .", "In DATE the applicant ’s CARDINAL individual associates concluded a deed of gift with a third party , PERSON , under which they transferred all their shares to him . PERSON thus became the majority shareholder , with CARDINAL shares . The applicant continued to own CARDINAL shares and CARDINAL shares were held by the legal entity which had been CARDINAL of the company ’s founders .", "On DATE and DATE the company ’s creditors met and adopted a new recovery plan . Under the terms of the plan , PERSON was to increase the company ’s share capital to ORG within DATE . The funds required for the purpose were to come from the public limited company GPE , of which PERSON was Chairman and Chief Executive . By a final order of DATE , ORG ratified the new plan .", "In the meantime , on DATE , the applicant , represented by the bank to which he had pledged his shares as security , lodged an application with ORG challenging the decisions of the company ’s creditors and the actions of the liquidator . In his memorial he submitted a series of complaints concerning the conduct of the insolvency procedure . Firstly , he contended that ORG did not have the right to increase the company ’s share capital and that the creditors had no right to approve the unlawful decisions taken by the liquidator . Secondly , he criticised the final version of the recovery plan . In his view , the text contained a number of shortcomings and irregularities which made it incompatible with the legislation on company insolvency . He argued , for instance , that the plan did not set out in sufficient detail the recovery measures and the deadlines for their implementation ; the debt repayment schedule was unfair as it gave small creditors an advantage ; the overall recovery period exceeded the statutory maximum period of DATE ; and the PERSON meeting had not had all the documents it needed in order to take an equitable decision . Thirdly , in the applicant ’s view , ORG ’s conduct demonstrated that he was incompetent and had acted in bad faith , and he should be dismissed as liquidator . Accordingly , the applicant requested the court to declare all the decisions taken by ORG and the creditors null and void , to refuse to ratify the recovery plan and to dismiss ORG", "By an order of DATE , the relevant judge of ORG declared the applicant ’s application inadmissible . The order stated that no legislation conferred on ordinary shareholders a right of appeal against decisions taken by the liquidator or by meetings of the creditors of a company in liquidation . In that connection the judge pointed out that only the official representatives of the debtor company could participate in the insolvency proceedings and that the applicant was not one of the CARDINAL representatives appointed under the judgment of DATE . Finally , the judge found that the applicant was not entitled to request the dismissal of the liquidator ; such a request could be made only by a meeting of the creditors .", "This order was served on the bank , as the applicant ’s representative , but not on the applicant himself . Consequently , he did not receive a copy until DATE . On DATE he challenged the order by means of an appeal to ORG of ORG . At the same time he requested ORG to extend the time allowed for lodging an appeal against the order in question , explaining that he had received a copy of the order on DATE of the DATE period laid down in section CARDINAL of LAW and had therefore been unable to lodge his appeal within the time allowed .", "On DATE the relevant judge of ORG transmitted the appeal to ORG without giving a formal ruling on the extension of the time allowed . The judge simply noted that “ the appeal [ had been ] lodged within the period set down by section CARDINAL of LAW and [ was ] to be forwarded ” to the recipient .", "By a final order of DATE , the relevant judge of ORG declared the appeal inadmissible on the ground that it had been lodged out of time and that the first - instance judge had not extended the period specified in section CARDINAL of LAW .", "The applicant then lodged an appeal on points of law with the ORG of ORG , which dismissed it by a final order of DATE . In the ORG ’s view , the fact that the first - instance judge had omitted to rule on the extension of the time allowed for lodging an appeal did not alter the finding that the appeal had been lodged out of time ; the appeal court had therefore been right not to examine it .", "Insolvency proceedings are governed by LAW of DATE ( NORP “ ORG uzņēmumu un uzņēmējsabiedrību maksātnespēju ” ) . In accordance with the LAW , the chief players in insolvency proceedings are the liquidator , the company ’s representatives , the LOC meetings and , where appropriate , the PERSON committee . As a rule , a meeting of creditors includes all the creditors of the company in liquidation ; any person with a claim against the company has the right to attend ( section CARDINAL(CARDINAL ) ) . The liquidator is appointed by the relevant court ( section CARDINAL(CARDINAL ) ) . At the material time the debtor company ’s representatives were usually appointed by the liquidator ( section DATE ) , but could also be appointed or approved by the court . They are now appointed by the court in all cases .", "Once a company has been declared insolvent , it loses the right to dispose of its assets , that right being transferred to the liquidator . Similarly , the bodies responsible for administering and managing the company are suspended and their powers transferred to the liquidator ( section CARDINAL(CARDINAL ) and ( CARDINAL ) and section CARDINAL(CARDINAL ) ) . The latter must report to a meeting of creditors , which can request his dismissal ( section CARDINAL(CARDINAL ) ) . The procedure for dismissal is laid down in CARDINAL : if the PERSON meeting considers that the liquidator no longer fulfils the statutory requirements , is incompetent or is acting in bad faith , it must pass a vote of no confidence in him . It must then request the relevant court to dismiss the liquidator and replace him .", "At the relevant time a LOC meeting could challenge the decisions of the liquidator before the courts , on condition that it had first made an application to the liquidator himself . This option was also available to the debtor company and to individual creditors . The latter had first to apply to the liquidator ; if their application was rejected , explicitly or implicitly , they had to propose legal action to a PERSON meeting . If the meeting rejected the proposal , they could then institute legal proceedings themselves ( section GPE ) ) .", "A company recovery plan adopted by a LOC meeting may be challenged before the courts by the liquidator , a single creditor or a group of creditors ( section CARDINAL ) .", "ORG insolvency proceedings are governed by LAW of LAW ( ORG likums ) . At the material time the relevant provisions of this LAW were identical in substance to those of LAW . Section CARDINAL(CARDINAL ) stated that the liquidator had the right to appeal against any decisions taken by a meeting of creditors ." ]

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[ "The applicants were born in DATE and DATE respectively and live in GPE .", "On DATE the ORG restored the applicants’ property rights to part of a building in GPE . In particular , it restored in kind the applicants’ property rights to the flats in which they lived . The property restitution decision specified that the property rights to the uninhabited part of the building ( hereafter “ the disputed LOC ” ) would be restored in accordance with the procedure and terms fixed by the Government .", "On DATE the GPE deputy mayor and the applicants signed a statement of transfer acceptance ( priėmimo - perdavimo aktas ) , by which the disputed LOC were transferred to the applicants . On DATE the applicants registered their title to the LOC .", "By a decision of CARDINAL DATE , the GPE mayor declared the statement of transfer acceptance unlawful and consequently null and void . By a decision of CARDINAL DATE ORG supplemented the decision of CARDINAL DATE with a clause which specified the form in which the property rights were to be restored . Therein it was decided to pay compensation for the disputed LOC , at that time occupied by a pharmacy , after the Government had determined the means and the procedure by which compensation was to be paid .", "By a decision of DATE , ORG transferred the disputed LOC from the balance sheet of CARDINAL ORG - run company to the balance sheet of the ORG - run company of GPE area pharmacies . Subsequently , by a decision of ORG of DATE , the disputed LOC were transferred into the private ownership of the closed - stock company , Šlamučio vaistinė .", "On DATE the applicants , together with other persons in a similar situation , brought a civil claim , challenging the local authorities’ decisions of CARDINAL DATE and CARDINAL DATE . It was dismissed as unsubstantiated by GPE on DATE .", "On DATE ORG quashed the lower court ’s decision and remitted the case for a fresh examination . ORG noted that the lower court had not examined all the relevant circumstances . In particular , it had not taken account of the fact that , at the time of the adoption of the impugned decisions , the applicants had already been recognised as the owners of the entire building . ORG observed that only a court and not a local authority could have annulled the applicants’ ownership rights .", "On DATE GPE decided to suspend the civil proceedings further to a request by V.A. , one of the plaintiffs in the case , on account of the illness of one of his relatives , who also was a plaintiff in that case . The court ordered V.A. to inform it when his relative ’s state of health would allow her to participate in the proceedings .", "On DATE the Kaunas City District Court of its own motion resumed the civil proceedings .", "On DATE the Kaunas City District Court granted the applicants’ claim . It declared the local authority ’s decisions of CARDINAL DATE and CARDINAL DATE null and void , restoring the ORG title to the premises occupied by the pharmacy .", "On DATE ORG upheld that decision .", "On DATE ORG quashed the lower courts’ decisions and returned the case to GPE for an examination de novo . ORG considered that the lower courts had again failed to assess all the relevant circumstances – even those to which attention had been drawn in its decision of CARDINAL DATE and that they had erred in law .", "On DATE the Kaunas ORG dismissed the applicants’ action . The court observed that the law had not provided for restitution in kind of immovable property if it had been occupied by public - interest institutions , such as a pharmacy . The court further interpreted the decision of CARDINAL DATE , noting that it could not have been read as guaranteeing restitution in kind of the entire building , but only of the unoccupied part . The court annulled the ambiguous phrasing of the decision , leaving it to the local authorities to determine how to remedy the situation , either by pecuniary compensation or by the transfer of an equivalent property .", "On DATE ORG upheld the decision of the first - instance court .", "On DATE ORG dismissed a cassation appeal by the applicants .", "On DATE certain parties to the case , including the applicants , submitted a request to GPE to interpret its decision of DATE . Their request was dismissed on DATE .", "On DATE V.A. instituted civil proceedings challenging the initial proportions of the applicants’ and other interested parties’ property rights , as set in the decision of CARDINAL DATE . By a final decision of CARDINAL DATE GPE left ORG request unexamined because V.A. , although having been duly informed about the hearing , failed to appear in court .", "On DATE the head of GPE issued an order to pay the applicants pecuniary compensation for the disputed LOC . The compensation was to be paid in CARDINAL instalments and on DATE the applicants received the first payment due . The CARDINAL remaining instalments are to be paid in DATE and DATE .", "The relevant domestic law and practice concerning the domestic remedies with regard to length of proceedings complaints have been summarised in the judgment of ORG and Others v. PERSON ( no . CARDINAL , § § DATE , DATE ) . In addition , LAW , in force until DATE , provided that an organisation was to compensate for any damage which its employees had caused while performing their professional duties .", "The PERSON on the procedure and conditions for thr restoration of ownership rights to existing real property ( FAC dėl piliečių nuosavybės teisių į išlikusį nekilnojamąjį turtą atstatymo tvarkos ir sąlygų ) , enacted on DATE and amended on numerous occasions , provided for CARDINAL forms of restitution – the return of the property in kind or compensation for it if its physical return was not possible . Pursuant to LAW , if a house had been converted into non - residential LOC which had been given to a medical institution or used for medical purposes , those LOC were to be bought out by the ORG . The local authorities were competent to decide on the method of compensation .", "On DATE ORG examined the issue of the compatibility of the LAW with the domestic laws on the restoration of property rights . In its decision ORG held , inter alia , that possessions which had been nationalised by the NORP authorities since DATE should be treated as “ property under the de facto control of the ORG ” . ORG stated :", "“ The rights of a former owner to particular property have not been restored until the property is returned or appropriate compensation is afforded . The law does not itself provide any rights while it is not applied to a concrete person in respect of a specific property . In such a situation the legal effect of a decision by a competent authority to return the property or to provide compensation is such that only from that moment does the former owner obtain property rights to a specific property . ”", "ORG also held that fair compensation for property which could not be returned in kind was compatible with the principle of the protection of property .", "On DATE ORG affirmed that the choice by ORG of the partial reparation principle was influenced by the difficult political and social conditions , in that “ new generations had grown , new proprietary and other socio - economic relations had been formed during DATE of occupation , which could not be ignored in deciding the question of restitution of property ” .", "The PERSON on the restoration of ORG ownership rights to existing real property ( PERSON nuosavybės teisių į išlikusį nekilnojamąjį turtą atkūrimo įstatymas ) , which was enacted on DATE and which repealed the PERSON on the procedure and conditions for the restoration of ownership rights to existing real property , at the material time read as follows :", "“ CARDINAL . Ownership rights to residential houses , portions thereof and flats shall be restored to persons specified in DATE PERSON by returning them in kind , except for residential houses , portions thereof and flats which are subject to a ORG buyout pursuant to LAW ... ”", "“ Residential houses , portions thereof and flats shall be bought out by the ORG from the citizens specified in LAW , who shall be compensated in accordance with LAW , provided that such residential houses , portions thereof or flats :", "( CARDINAL ) have been converted into LOC unfit for human occupancy and used for educational , health care protection , cultural or scientific purposes , or by communal care residences . The list of such LOC shall be approved by the Government ... ”", "“ CARDINAL . The ORG shall compensate citizens for existing real property which is bought out by the ORG , as well as for real property which existed prior to CARDINAL DATE but subsequently ceased to exist as a result of decisions adopted by the ORG or local authorities .", "When the ORG compensates citizens for real property which , in accordance with this PERSON , is not returned in kind , the principle of equal value shall be applied to both the property that is not returned and other property which is transferred instead of it as compensation for the property bought out by the ORG . ...", "Compensation for buildings used for economic and commercial purposes , residential houses , portions thereof and flats which are not returned pursuant to this PERSON shall be established in accordance with the methods approved by the Government . ... ”" ]

[ "6", "P1" ]

[ "P1-1" ]

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[ "NORP The applicant , Mr PERSON , is a NORP national , who was born in DATE and lives in GPE .", "NORP The applicant was granted leave to present his own case in the proceedings before the Court , in accordance with Rule CARDINAL § CARDINAL in fine of ORG . ORG ( “ the Government ” ) were represented by their Agent , most recently Mr PERSON .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "From DATE to CARDINAL DATE the applicant was detained in ORG ( GPE ) .", "From DATE to DATE he served his sentence in FAC no . CARDINAL , a correctional colony .", "From DATE to CARDINAL DATE the applicant underwent a psychiatric examination in the psychiatric hospital of FAC no . CARDINAL .", "From DATE until his release on DATE he was detained in FAC no . CARDINAL .", "The applicant stated in his submissions before the ORG that he was fully satisfied with the conditions of his detention and healthcare afforded to him in Vilnyansk Prison no . CARDINAL and ORG no . DATE .", "According to the applicant ’s initial submissions , he was detained in “ LOC ” measuring CARDINAL sq . m ( CARDINAL x QUANTITY ) . It had CARDINAL - tier bunks and accommodated CARDINAL inmates , all suffering from tuberculosis .", "Later the applicant accepted without reservation the ORG ’s account , according to which he had been accommodated in a dormitory measuring QUANTITY . m shared by CARDINAL inmates ( see paragraph CARDINAL below ) .", "According to the applicant , there was no heating and the temperature inside never exceeded QUANTITY in DATE . All the inmates therefore had to sleep in their outer clothes , which were permanently damp as there had been no place to dry them .", "While there were CARDINAL ordinary lamps and a TIME lamp , only the bulb in the night lamp worked . As a result , the lighting was poor .", "The supply of electricity was limited and intermittent . More precisely , electric power was only supplied during the following periods : CARDINAL from DATE a.m. , QUANTITY , DATE to TIME , and CARDINAL to CARDINAL p.m. ; and CARDINAL from TIME to CARDINAL a.m. , and CARDINAL to CARDINAL p.m.", "All the prisoners ( the number of whom varied from CARDINAL to CARDINAL ) had to share CARDINAL taps for hand washing . Even those taps were unusable in DATE , as the water pipes often cracked because of frost and were not properly maintained . When this happened the inmates had to fill plastic bottles with water from the shower block or the kitchen . Some of them preferred to use snow for “ washing ” .", "NORP Mere pits served for toilets , which were insufficient in number ( only five ) . The prison was infested with rats .", "The quality of food was poor . The applicant noted , in particular , that inmates were served porridge for lunch and dinner most days . Twice or CARDINAL times per week mashed potatoes were on the menu . Inmates suffering from tuberculosis also received carrot juice in the morning , biscuits at lunch and cheese in the evening . Meat was served not as separate portions for each detainee , but from a communal casserole dish . Butter was also served from a shared dish . Sweets were offered instead of sugar . According to the applicant ’s calculations , detainees suffering from tuberculosis received PERCENT fewer calories than the required nutritional amount .", "The prison in question is a medium - security correctional colony for men who have served their prison sentence . The applicant was held in the “ resocialisation ” section , where inmates are accommodated in dormitories . The section measured CARDINAL sq . m and comprised CARDINAL dormitories ( each measuring CARDINAL , CARDINAL , CARDINAL and CARDINAL sq . m ) .", "The applicant slept in dormitory no . CARDINAL measuring CARDINAL sq . m. He shared it with CARDINAL inmates , all having a medical history of tuberculosis .", "There were CARDINAL fluorescent tube lamps used for lighting in the dormitory . It also had CARDINAL windows , each measuring CARDINAL sq . m.", "The dormitory had satisfactory sanitary conditions . It had a bathroom unit measuring CARDINAL sq . m with CARDINAL washing basin and CARDINAL lavatory pans .", "In addition , the section had the following :", "a bathroom unit measuring CARDINAL sq . m with CARDINAL toilet pits and QUANTITY washbasins ;", "an education room measuring CARDINAL sq . m with CARDINAL windows and CARDINAL lamp ;", "a room for taking meals measuring CARDINAL sq . m with CARDINAL lamps and CARDINAL windows ;", "a room for storing prisoners’ personal belongings measuring CARDINAL sq . m with CARDINAL window and CARDINAL lamp ;", "a special room for drying clothes and shoes measuring CARDINAL sq . m with CARDINAL window and CARDINAL lamp .", "Prisoners also had at their disposal a sports ground , a smoking area and an outside area for drying clothes .", "The dormitories were ventilated twice a day : from CARDINAL to CARDINAL a.m. during the morning check , and from CARDINAL to CARDINAL TIME check .", "NORP The prison was centrally heated in DATE and by stand - alone boilers during the cold DATE . The temperature in the dormitories was maintained at QUANTITY .", "Prison nutrition was in compliance with the applicable legal and regulatory requirements . The applicant was provided with the full nutritional amount for people infected with mycobacterium of tuberculosis .", "Aside from alleging that the physical conditions of detention and nutrition in the prison had been inadequate for inmates suffering from or having previously suffered from tuberculosis , the applicant did not give any factual account regarding his diagnosis of tuberculosis and treatment .", "According to the applicant ’s medical file ( a copy of which has been submitted to ORG ) , the applicant stated on several occasions that he had suffered from tuberculosis from DATE .", "On DATE , during one of his examinations by a tuberculosis specialist in the GPE , the applicant was diagnosed with a minor inflammation in his left lung , known as a Ghon focus , with a limited likelihood of it progressing to tuberculosis . As a result , he was placed under medical supervision for DATE .", "Upon his arrival at the prison the applicant underwent a medical examination which included urine , blood and sputum tests and an X - ray . As a result , he was prescribed and underwent tuberculosis anti - relapse therapy .", "On DATE , DATE and DATE , CARDINAL DATE and DATE the applicant was X - rayed . Furthermore , on DATE , DATE , DATE and DATE and DATE he was examined by a tuberculosis specialist . As a result , he was prescribed and received certain medication as preventive medical treatment .", "According to the applicant ’s initial submissions , during his detention in ORG no . CARDINAL his sight progressively deteriorated for DATE . Despite this , his requests for a specialist examination remained ignored , as the prison did not employ an ophthalmologist , and seeking an external consultation was not deemed feasible .", "According to the applicant ’s later observations in reply to those of the Government , all the inmates of ORG no . CARDINAL who had any sight - related complaints could register for an examination with a visiting ophthalmologist from ORG . The applicant provided no further details .", "As submitted by the ORG , the applicant did not raise a single complaint about his sight deterioration during his detention in ORG .", "On DATE he was diagnosed for the first time with visual impairment ( no further details being available ) in FAC , and he was told to wear spectacles . The applicant was placed under dispensary supervision in that regard , with check - ups twice DATE . He was also prescribed medical treatment for meibomitis of the upper eyelid of the left eye ( an inflammation of glands that produce an oily substance to reduce the evaporation of a person ’s tears ) .", "The applicant alleged that he had contracted onychomycosis of both feet and the left hand , as a result of poor sanitary conditions . According to him , the head of the medical unit of ORG refused to provide him with any treatment , telling him that there was a lack of medication and that this type of infection was not dangerous .", "According to the applicant ’s medical file ( submitted by the Government ) , on DATE , while the applicant was detained in the Kherson SIZO , he was examined by a dermatologist who did not diagnose him with any dermatological conditions .", "As stated by the Government on the basis of the applicant ’s medical file , during his detention in ORG the applicant only applied once for medical assistance regarding skin problems , on DATE . He was examined and diagnosed with a foot fissure . As a result , he was prescribed and treated with PERSON ointment .", "According to the ORG , the applicant did not subsequently raise any complaints regarding any dermatological conditions with the medical staff or prison administration . Nor did he raise any such complaints with the prosecutor .", "On DATE the applicant was transferred to the psychiatric hospital of FAC no . CARDINAL . His general medical examination upon arrival there did not reveal any skin rashes , scabs , pediculosis or any other dermatological conditions . The applicant did not raise any complaints either .", "NORP On DATE the applicant consulted an ophthalmologist who gave the following diagnoses : high - degree myopia , myopic astigmatism , central and peripheral chorioretinal dystrophy of the right eye ; and low - degree myopia and myopic astigmatism of the left eye . Further examinations were recommended with a view to defining the appropriate treatment .", "The applicant neither undertook the recommended examinations nor sought any treatment , referring to the fact that he was experiencing financial hardship .", "On DATE the applicant was also examined in a local dermatovenerologic hospital . He was diagnosed with onychomycosis of both feet and the left hand , and was recommended treatment .", "The applicant did not pursue any treatment , which he explained to the ORG was because of his low income ." ]

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[ "The applicant was born in DATE and lives in GPE .", "The applicant was a party to civil proceedings concerning division of co - ownership of a certain plot of land . The proceedings were instituted in DATE . On DATE the ORG awarded the plot to a certain PERSON and ordered that a certain amount should be paid to the applicant .", "On DATE the ORG partly amended the firstinstance decision increasing the amount awarded to the applicant and dismissed the remainder of his appeal .", "On DATE the applicant requested to be served with written grounds to that judgment . On DATE the court served him with them and the thirtyday timelimit for lodging of a cassation appeal started to run .", "By a letter of DATE , served on the court on DATE , the applicant requested that a legalaid lawyer be assigned to the case to prepare a cassation complaint . On DATE the court requested the applicant to submit a statement of his financial situation in order to be able to examine his request .", "On DATE the ORG granted the applicant 's request for legal aid . On DATE ORG assigned a legalaid lawyer to the case .", "On DATE and DATE the applicant and the lawyer had a telephone conversation . In a letter to the lawyer dated DATE the applicant explained in a detailed manner the legal context of the case and the reasons for which he was of the view that a cassation complaint offered prospects of success .", "In a letter to the court dated DATE the lawyer explained in detail why she saw no grounds on which to prepare a cassation complaint in the applicant 's case .", "On DATE the legal - aid lawyer sent a copy of his opinion to the applicant . It was served on the applicant on DATE . On DATE also the court sent the lawyer 's opinion to the applicant .", "On DATE the applicant requested ORG to exempt him from costs of making copies of documents in the case - file . On DATE ORG dismissed the applicant 's request as unfounded . The court established that the applicant owned property of CARDINAL ha and the proceedings had ended in DATE so he had enough time to collect founds for that purpose . On DATE the ORG dismissed the applicant 's interlocutory appeal .", "The relevant domestic law and practice concerning the procedure for lodging cassation appeals with ORG against judgments of the appellate courts are stated in the ORG 's judgments in the cases of PERSON v. GPE , no . GPE , CARDINAL DATE ; PERSON GPE , no . CARDINAL , DATE ; PERSON v. GPE , no . CARDINAL , CARDINAL DATE ; ORG v. GPE , no . CARDINAL/CARDINAL , DATE ; ORG v. GPE , no . CARDINAL , DATE .", "NORP In particular , ORG has repeatedly held that a request for leave to appeal out of time was the only method by which a cassation appeal submitted after the expiry of the timelimit could be admitted for examination ( DATE , II CZ CARDINAL ; CARDINAL DATE , II UZ CARDINAL/CARDINAL ) . In a further series of decisions ORG considered that it would be unfair for the legally - aided party to be penalised for the fact that legalaid applications could not be processed quickly enough to make it possible for a cassation appeal to be lodged within DATE counted from DATE of service of the judgment on the party . The parties waiting for legal - aid services can not be held at fault for shortcomings in the system . A party who was obliged to have recourse to legal aid should not be put in a worse situation than that of a person who did not seek it . A request to appeal out of time should therefore be submitted within DATE from the date on which the legal - aid lawyer could obtain effective access to the case file or had an effective possibility of drafting an appeal ( DATE , II UZ CARDINAL ; DATE , I ORG CARDINAL/CARDINAL ) , or from the date when the lawyer was informed that he had been assigned to the case by ORG DATE , PERSON ; CARDINAL DATE , II UZ DATE ; CARDINAL DATE , PERSON ;", "In a resolution adopted by a bench of CARDINAL judges of ORG on DATE ( III CZP CARDINAL/CARDINAL ) that court acknowledged that there had been discrepancies in the manner in which the beginning of the DATE time limit for submitting an application for leave to appeal out of time by legally - assisted parties had been determined . The court was of the view that applications for leave served the purpose of making access to ORG for legally - aided parties genuine and effective . Hence , the beginning of the time - limit could not be determined in a mechanical manner in all cases . The courts should instead examine the circumstances of individual cases as a whole and determine that date bearing in mind the genuine possibility for a lawyer to examine the case and prepare a cassation appeal ." ]

[ "6" ]

[ "6-1" ]

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[ "The applicants were born in DATE , DATE , DATE and DATE respectively and live in Şırnak . They are close relatives of PERSON and GPE , respectively the President and Secretary of the Silopi branch of ORG ( PERSON ( HADEP ) ) .", "The applicants alleged that PERSON and PERSON received death threats from the Silopi gendarmerie command and the PERSON gendarmerie regimental headquarters on account of their political activities .", "At TIME on DATE , CARDINAL people in a blue ORG purporting to be police officers attempted to force PERSON to get into the car . Having informed them that he would go to the central gendarmerie station only if he received an official summons , he made his way to ORG 's offices . On receiving a call on his mobile phone from the gendarmerie commanding officer , he went to the station accompanied by PERSON . CARDINAL witnesses , PERSON , ORG , saw them enter the station .", "TIME , unable to reach the men on their mobile phones , their families and lawyers asked the Silopi public prosecutor and the Silopi gendarmerie command for information . The commanding officer , PERSON Can , told them on the telephone that neither man had attended the station or been taken into custody .", "On DATE , after the incident was reported in the press , the Şırnak provincial governor issued a written statement indicating that the CARDINAL men had gone to the Silopi gendarmerie station on DATE , stayed for TIME , and then left the LOC .", "The applicants said that they had received no news of PERSON or GPE since DATE . Neither man had shown any sign of life .", "The Government said that , on CARDINAL and DATE respectively , PERSON and his father , PERSON , attended the Silopi gendarmerie station to speak to the commanding officer . They signed the visitors ' register , which indicated the times of their arrival and departure .", "At TIME on DATE , PERSON and GPE went to the station to see the commanding officer . As he was not there , they spoke to another officer and left the building at TIME They signed the visitors ' register on entering and leaving the building .", "After criminal complaints were lodged by the CARDINAL men 's families , the NORP public prosecutor launched an investigation and took statements from the applicants . The relevant authorities were notified that they were missing and their photographs and descriptions were circulated to the public prosecutor 's offices and police headquarters in the province .", "On DATE , at the request of the prosecutor leading the investigation , the district court made an order under LAW restricting access to the preliminary investigation file .", "On DATE the authorities seized a letter discovered when searching a vehicle that had crossed the border from northern GPE which indicated that PERSON and GPE were in a ORG ( ORG of Kurdistan ) camp in ORG ) . The driver and owner of the vehicle and PERSON father were taken into custody , but released after making statements .", "Three delegates from the ORG took the following depositions in GPE DATE . The depositions of ORG , PERSON and PERSON were obtained through an interpreter .", "Şuayip ORG said that he was an applicant and PERSON father . He was living in LANGUAGE at the material time , and ran a petrol station in PERSON ( Silopi ) . He last saw his son , who lived in Silopi , on DATE .", "NORP Before commencing his military service , that is to say prior to DATE , his son had worked as a driver transporting fuel from GPE . PERSON was the only child providing for the family , as the other children had not completed their studies . The witness said that he had heard that after returning from military service PERSON and a group of friends had taken steps to open a local branch of HADEP in Silopi .", "In DATE the witness and his brother were arrested by gendarmes on their way to work . His brother was released , but the witness was taken to NORP district gendarmerie station . On DATE the gendarmes searched his home in his presence and made him sign a record . He was then taken to PERSON gendarmerie headquarters , where he was held for DATE . He was made to wear a blindfold during questioning , so could not identify his interrogator . His interrogator told him : “ Give up your HADEP activities . If you do n't , it will cost you your life . ” The witness was tried with CARDINAL co - defendants and spent DATE in prison . The person who made the accusations against them subsequently sent a letter to the authorities informing them that he had been acting under duress and did not even know the defendants .", "The witness then gave details of a meeting he had had with the commanding officer , PERSON , at the Şırnak regimental headquarters . The commanding officer had threatened him , saying : “ Give up the idea of opening a local branch of HADEP in Silopi . I do n't want to hear what you have to say , this is my area . If you do n't give it up , I will not let you live . ”", "The witness said that he had also been summoned by PERSON Can , the commanding officer of the NORP district gendarmerie , in DATE , DATE before his son went missing . PERSON Can had said to him “ Tell PERSON to give up this business ” and had telephoned PERSON , who asked to speak to the witness and said : “ Why did n't PERSON come and see me ? You tell him that if he does n't come DATE , I 'll kill him if he ever sets foot in the Şırnak area again . Tell him that . He knows my position and rank . ”", "The witness and his son PERSON went back to see PERSON Can , who repeated his earlier warning : “ Tell him to give up that business . All his colleagues have resigned . He 's the only one who 's stayed on . If he does n't resign , he 'll come to grief . ” Before leaving the LOC , they asked PERSON Can to convince PERSON himself or to put pressure on him .", "On being asked by the witness why he had not gone to see the Şırnak commanding officer , PERSON replied that he had spoken to him on the telephone and added that after the party 's inauguration he had received a call from PERSON Can and had told him : “ Commanding Officer , if I give it up , someone else will replace me . I was born in the area and know the situation better and am not carrying out any illegal activity ; I will not leave the party . ”", "The witness 's nephew PERSON told him that on DATE an attempt had been made to force PERSON into a vehicle outside the post office . He had told the occupants that he would only do as they said if he received a call from the “ official ” authorities .", "The witness said that his son and PERSON went to the gendarmerie station after receiving a telephone call from that source . The QUANTITY men got on well and worked together for ORG . PERSON had also received threats because of his political activities and , like PERSON , had been forced into hiding before the branch opened . Owing to the intimidation , he had been unable to continue working . The witness added that the entire family had suffered as a result of PERSON political activities .", "He said that on TIME he was informed by his nephew PERSON that PERSON and ORG had not returned from the station . For DATE the authorities denied that they had been there . On DATE the commanding officer said that , as he had been out on a tour of inspection , the CARDINAL men had been seen by a non - commissioned officer , PERSON , and had left TIME . The witness lodged a complaint with the public prosecutor on CARDINAL or DATE . Subsequently he and PERSON went to see the commanding officer PERSON Can , who repeated that they had been on the premises for TIME , but had then left . He told them : “ We handed them over to the GPE [ PERSON Terörle Mücadele – Gendarmerie Anti - Terrorist Intelligence Branch ] ... the PERSON does not take orders from the regimental commanding officer . ”", "The witness affirmed that he had been held in custody at ORG because of a letter addressed to him that had allegedly been seized in a vehicle that had entered GPE from GPE . The police told him that the letter said that his son was in the ORG camps . The witness considered that incident to be part of a “ plot ” against them .", "Eyüp Tanış said that he was born in DATE and was living in Silopi at the material time . He was a cousin of PERSON and a former administrator of the local branch of HADEP .", "He too stated that threats had been made against PERSON by the regimental commanding officer of the gendarmerie because of his attempts to open a local branch of HADEP in Silopi . PERSON had been subjected to intimidation and followed by plain - clothes police officers . He had been forced to leave Silopi and had spent DATE in ORG . The witness said that he too had been followed on a number of occasions . CARDINAL of the HADEP party administrators had received threats and CARDINAL had resigned as a result .", "On TIME , the witness and PERSON went to the HADEP offices , where the other party members were also present . Towards TIME he went with PERSON to the post office . A car with CARDINAL people inside pulled up in front of them . The driver and CARDINAL of the passengers opened a rear door and asked them to get in . PERSON refused , saying : “ We do n't know you and if there 's anything to be discussed , then we 'll talk in an official institution , at the Silopi gendarmerie station or ORG if you like – in an official place like that . ” Unable to persuade the witness and PERSON to accompany them , the CARDINAL people , who said they were police officers , left the scene . The witness and PERSON then returned to ORG 's offices . The witness left for a short period during which it appears that PERSON received a telephone call from the commanding officer of the gendarmerie and went to the station with PERSON . After waiting for TIME , the witness made several unsuccessful attempts to reach PERSON on his mobile phone . According to the witness , the driver of the minibus who took them to the station saw them enter the building .", "The witness said that he made a statement before the Silopi public prosecutor . He also answered questions by an investigating officer and provided a description enabling an identikit picture to be prepared of the CARDINAL people who attempted to force PERSON and GPE into the car . He subsequently attended the public prosecutor 's office CARDINAL times to examine photographs . At CARDINAL of the sessions he indicated that he recognised the driver of the car in CARDINAL of the photographs and found a strong likeness in another . In that connection , the witness confirmed the content of the identification record that was drawn up on DATE .", "The threats prompted by their political activities in ORG continued after DATE and on CARDINAL occasion the police searched the party 's offices .", "NORP The witness added that before starting his military service PERSON was in the business of transporting fuel from GPE and did not engage in any political activity . He repeated that on DATE PERSON went to the NORP gendarmerie station with PERSON after receiving a telephone call from the commanding officer . The QUANTITY men had been subjected to intimidation by the authorities when transporting fuel in their vehicles . They had threatened to withdraw PERSON operator 's licence and certificate . All the intimidation was linked to their political activities .", "The witness said that following PERSON disappearance he became the acting President pending the next HADEP congress . In DATE he was taken into custody at Silopi gendarmerie station . Around TIME a military vehicle drew up outside his house . He was taken to the Silopi gendarmerie station . He was blindfolded and told : “ You must resign from HADEP ! ” He refused and was tortured and threats were made to kill him like PERSON and GPE . He was brought before a judge and accused of having ORG documents at his home . He lodged a criminal complaint against the officers who were on duty when he was in custody .", "PERSON said he was an applicant and CARDINAL of PERSON brothers . He was born in DATE and was studying in GPE at the material time . He returned to Silopi on DATE following his brother 's disappearance .", "He saw his brother when their father was taken into custody by the gendarmerie . His father telephoned him to say that he was with an officer and asked him to contact PERSON to persuade him to resign from HADEP .", "PERSON also confirmed that the family had been subjected to intimidation by the authorities on account of his brother 's political activities . PERSON could not remain in Silopi . He feared that he would be arrested and had been threatened by PERSON and PERSON Can , the commanding officers of the gendarmeries of PERSON and PERSON respectively . PERSON was in the same position . PERSON had sent a complaint to the authorities about the threats that had been made against him and had asked for protection . The witness said that he had seen the complaint in question .", "The witness said that despite various attempts he was unable to gain any information from the authorities about his brother . He had even been taken to the police station twice , where he was instructed not to write any further letters to the authorities . A person called PERSON had threatened to kill him like his brother .", "PERSON said that he was an applicant and PERSON brother . He was assisted by an interpreter when giving evidence . He was born in DATE and lived in Silopi .", "He confirmed that before they went missing his brother and PERSON had been forced to go to ORG by the threats and intimidation to which they had been subjected on account of their activities as members of ORG . Their wives , who lived in Silopi , feared reprisals by the authorities and moved frequently .", "The witness said that DATE before his disappearance his brother had been arrested at the ORG checkpoint at the border with northern GPE , and his operator 's licence had been seized . The intimidation against his brother had begun when he joined HADEP .", "The witness described a meeting he had had with Captain PERSON Can . He and PERSON had gone to the gendarmerie station to make enquiries about PERSON and GPE . He had said to the captain : “ You have handed them over to the GPE ” , to which the captain had replied that the GPE was not under his orders or the orders of the Şırnak regimental commanding officer .", "The witness said that he had made CARDINAL statements to the NORP public prosecutor without the assistance of an interpreter . His statements had been recorded by the public prosecutor , who had noted that he was illiterate and did not understand NORP .", "The CARDINAL witnesses were born in DATE , DATE and DATE . PERSON is the wife and ORG the partner of PERSON . PERSON is PERSON wife .", "They confirmed that the authorities had threatened and intimidated both men on account of their activities as members of ORG . They said that they had been afraid to remain in Silopi and had been forced to leave their home for a time .", "PERSON was born in DATE and was living in Silopi at the material time .", "He said that he was present at ORG 's offices when PERSON received a telephone call from the gendarmerie station . Although it was PERSON who received the summons to go to the station , PERSON insisted on accompanying him .", "The witness said that he had driven the CARDINAL men to the station and dropped them off QUANTITY from the main entrance .", "The CARDINAL witnesses were born in DATE and DATE respectively and lived in Silopi at the material time .", "They said that they saw PERSON and GPE as they were about to enter the gendarmerie headquarters by the main entrance . The CARDINAL men waved at them .", "Ebcet PERSON was born in DATE and was living in LANGUAGE at the material time . He was a lorry driver and travelled from time to time to GPE with PERSON and GPE . He knew PERSON well , as they were from the same village .", "He said that PERSON had told him in telephone conversations that he had been subjected to intimidation and threats because of his political activities , and that he had had to leave Silopi for DATE and had attended to the administrative formalities required to open a branch of HADEP in LOC .", "The witness gave this account of a visit he and ORG had made to the commanding officer of the Silopi gendarmerie PERSON Can :", "“ DATE before PERSON disappearance , I drove PERSON to the NORP district command . He had been summoned by PERSON Can , who met us and told PERSON that he wanted to speak to PERSON to get him to give up his activities as a member of HADEP . PERSON Can said that PERSON , the commanding officer of ORG , had asked to speak to PERSON . He reached PERSON on the telephone in ORG where he was on a tour of inspection . After speaking for TIME outside his office , PERSON Can passed the telephone to PERSON . As it was a cordless phone , I was able to hear the conversation . The commanding officer said to him : ' Tell PERSON to come and see me tomorrow , otherwise he had better not ever set foot in PERSON again , or I 'll kill him . ' ”", "The witness added that after leaving the station ORG telephoned PERSON to ask him to go and see the commanding officer . After that incident , he encountered PERSON in ORG 's offices in ORG and told him that he had seen PERSON Can .", "The witness said that ORG had been arrested prior to DATE , probably as a result of his son 's political activities .", "Sezgin GPE said that he was born in DATE and was living in GPE at the material time . He was a lawyer and a representative of ORG in ORG .", "He did not know PERSON or PERSON personally . However , he had been informed of the threats that had been made against them on account of their activities as members of ORG . He learnt of their disappearance on DATE .", "The witness said that on DATE he , the President of ORG in GPE , PERSON , and CARDINAL other people went to see the NORP public prosecutor , PERSON . Mr Taştan told them that he had spoken on the telephone with the commanding officer of the Silopi gendarmerie , who had affirmed that PERSON and ORG had not been taken into custody or been to the station . The delegation from ORG asked the public prosecutor why he had not gone to the station himself . The public prosecutor replied that he considered the answer he had received from the commanding officer on the telephone sufficient and urged them to pursue their enquiries in Şırnak .", "The witness said that he and PERSON had failed to get an audience with either the commanding officer of the Silopi gendarmerie or the district governor . The delegation went the same day to see the PERSON public prosecutor . He had been informed of the incident and was waiting for written information from the NORP public prosecutor 's office . He said that he would then enquire of the commanding officer of the PERSON gendarmerie regiment whether the CARDINAL men had been taken into custody . He told the delegation that he had no power to take any other action .", "On DATE the witness drafted a report with other lawyers entitled “ The Silopi Disappearance Report ” , which brought the matter to the attention of the public . As a result , the disappearance of PERSON and GPE was widely reported in the media . DATE after the media became involved , the PERSON provisional governor issued a statement to say that the CARDINAL men had attended the gendarmerie station but had left a short time later .", "The witness said that on DATE he and PERSON made a public statement asking the authorities to explain why they had denied the truth and to reply to various questions . As a result of their statement , they were prosecuted and tried before being acquitted of the charges .", "DATE . PERSON was born in DATE . He lived in ORG and was the President of ORG at the material time . He is now the mayor of ORG .", "On DATE the association was informed by PERSON that PERSON and GPE were missing . It tried to contact the authorities but was unable to obtain any information .", "The witness said that he went to Silopi on DATE with Sezgin GPE and CARDINAL other people . He described the meetings with the public prosecutors and confirmed what Sezgin GPE had said in his statement . He said that he had formed the view that the NORP public prosecutor appeared to be bound by the gendarmerie 's denials and had told them that he had not questioned any of the gendarmes concerned or gone to the scene to make enquiries .", "PERSON was born in DATE and was living in Şırnak at the material time . In DATE he was the President of the local branch of HADEP in Şırnak . He knew PERSON and GPE from their activities in the party .", "He confirmed that members and leaders of HADEP were subjected to threats and intimidation . He himself had been taken into custody after the application was made to open a party office in Silopi .", "In DATE , when he and others were in the process of trying to open a local branch of HADEP in Şırnak , they too had been subjected to intimidation and threats by the authorities . CARDINAL members of the party in Silopi had been forced to resign as a result of the intimidation . The party had only been able to assemble CARDINAL members instead of CARDINAL . PERSON had informed him of the pressure being exerted on him and in DATE had handed over a letter in his presence to the President of the ORG office of HADEP giving details of the threats and intimidation to which he and members of the party in Silopi had been subjected by the commanding officer of ORG .", "The witness asserted that at DATE he was arrested by gendarmes on the road from Şırnak to ORG and summoned to the Şırnak regimental headquarters . The commanding officer threatened him and expressed his displeasure at the opening of local party branches in Silopi and Cizre . He asked him not to open the offices , saying : “ If you do not give it up , I will strangle you at ORG . Go and complain to whoever you want . You 'll be in big trouble . ”", "The witness said that PERSON had received a number of telephone calls in his presence from the commanding officers of the Silopi and Şırnak gendarmeries , and had informed him of the threats and pressure to which he had been subjected in an effort to persuade him to resign .", "DATE . He said that he had informed the Şırnak public prosecutor of the threats and intimidation to which they had been subjected as a result of their political activities in ORG and lodged a complaint .", "PERSON was born in DATE and was the President of the ORG office of HADEP at the material time .", "He said that he had known PERSON and GPE since DATE and that they often came to ORG . He personally oversaw their attempts to secure permission from the authorities to open a local party branch in Silopi and witnessed the enormous difficulties they encountered .", "PERSON informed him of all the threats and intimidation to which he and his entourage had been subjected . The witness overheard a telephone conversation in which PERSON father PERSON , who was in custody at the time , called his son to ask him to see the commanding officer of the PERSON gendarmerie regiment immediately .", "The witness said that PERSON had been anxious and concerned about the threats and arranged for his lawyer to draft CARDINAL or CARDINAL copies of a petition to the public prosecutor and other authorities , informing them of the intimidation and pressure to which he and his entourage were being subjected by the commanding officer of the Şırnak gendarmerie regiment . On DATE PERSON gave him the petitions . However , fearing reprisals , he kept them until DATE , when he handed them over to the lawyers dealing with the case .", "Mahmut PERSON was born in DATE . He was a sergeant at Silopi gendarmerie district command and a traffic team commander at the material time .", "He said that CARDINAL people worked at the station . He described the LOC and said that in addition to the main entrance there was a separate entrance for officers on the left - hand side of the building .", "From DATE until TIME on DATE he was the duty officer and assisted non - commissioned officer PERSON . His duties were to monitor and record incidents and to supervise the activities of the soldiers . PERSON was responsible for recording the names of visitors at the main entrance .", "Mr PERSON said that visitors were required to leave proof of identity and to sign the register . They were given a badge to enter the building .", "He said that no incidents had been recorded on DATE . He did not know PERSON or PERSON and learnt of their disappearance from the press and from discussions within the gendarmerie .", "PERSON was born in DATE and was a non - commissioned officer at LOC gendarmerie command at the material time . He had administrative duties relating to personnel .", "He said that he did not know PERSON or GPE . He had heard of them and was informed of the incident after receiving a summons from the NORP public prosecutor .", "The witness said that in DATE they carried out a tour of inspection . He could not remember whether the commanding officer of ORG had taken part . He confirmed that people entering or leaving the station were required to sign a register .", "PERSON was born in DATE . He was performing his military service at LOC gendarmerie command at the material time . He was on guard duty inside the building .", "He did not know PERSON or GPE . He had heard of them through the public prosecutor .", "The witness said that he could not recall the following statement he made on DATE :", "“ The witness was shown photographs of PERSON and GPE . He said , ' The persons you have shown me did not enter the station while I was on duty ... on DATE . As a great many civilians enter or leave the station , it is not easy to keep track of them ' . ”", "PERSON was born in DATE . He was performing his military service at LOC gendarmerie command at the material time . He was on guard duty at the main entrance to the station .", "He said that the visitors ' registers were kept by PERSON .", "He did not know PERSON or GPE . He had made a statement to the public prosecutor , who showed him photographs of the men and asked him if he knew them and whether he had seen them previously at the station . That is how he learnt that they were missing .", "PERSON was born in DATE . He was a non - commissioned officer engaged in operations intelligence at LOC gendarmerie command at the material time .", "He said that his job was to gather intelligence for use in maintaining public order and preventing crime . He was the leader of a CARDINAL - man team . He and his colleague reported to the commanding officer , PERSON Can . The usual source of their information was individuals .", "The witness knew PERSON and GPE . PERSON contacted him by telephone at DATE to ask him for help as his father had been taken into custody for providing assistance and support to a terrorist organisation . PERSON offered to provide information in exchange . The witness first met PERSON in DATE in the commanding officer 's office . Their discussion lasted TIME , but the witness could not remember what it was about . They did not speak about PERSON HADEP activities and he was not subjected to pressure or intimidation .", "The witness said that PERSON provided him with information . He got in touch when he had information to pass on and in some ways acted as an agent for the witness and Captain PERSON Can . The witness said that the first time he saw PERSON was on DATE .", "On DATE he saw both PERSON and GPE in the waiting - room on the second floor of the gendarmerie station . They had come to see PERSON Can about PERSON being disqualified from driving . The witness did not summon them to the building . As the commanding officer was not there , they left the waiting - room , PERSON first . The witness spoke with PERSON for TIME and he handed him documents wrapped in a newspaper he had taken out of the inside pocket of his jacket . CARDINAL of the documents concerned HADEP , the other , contraband . The witness parted company with the CARDINAL men in the building and saw them leave by the main entrance . However , he lost sight of them once they were in the street .", "The witness did not recall when or how he was informed of their disappearance . He was questioned by the public prosecutor about it . He could not really remember whether he had handed the documents over to the public prosecutor .", "He said that he gathered information about HADEP and other political parties as part of his job and that gendarmerie officers working in intelligence used unmarked vehicles when necessary . PERSON worked for the intelligence service at the regimental headquarters of the PERSON gendarmerie . The witness did not know whether PERSON and other gendarmes came to Silopi in civilian dress on DATE . He contacted him after the men 's disappearance in order to work with him on the investigation .", "Veysel Ateş was born in DATE . He was performing his military service and had the rank of sergeant at Silopi district gendarmerie command at the material time . He was responsible for keeping the visitors ' registers and carrying out the checks necessary for that purpose .", "He said that once the checks had been carried out visitors were allowed to go to the relevant office unaccompanied .", "He knew PERSON , who had already been to the gendarmerie station in the past . The witness was on duty on DATE . PERSON arrived with PERSON . They appeared relatively calm and he spoke with them briefly . They told him that they had come to see the commanding officer PERSON Can . He informed them that he had gone out . PERSON asked when he would be back . The witness replied that the commanding officer did not give them any information about his schedule . PERSON decided to wait for him in the waiting - room . He entered their names in the register and the CARDINAL men signed the book using his pen . The witness gave the following account of what ensued : “ After TIME PERSON and GPE returned to reception . I gave PERSON his mobile phone , they signed the register and left the LOC . They did not say whether they had seen anyone else and did not ask to see PERSON . ”", "As regards the visitors ' register , the witness explained that when his turn of duty came to an end he would show the register to the officer relieving him , who would check it and sign at the foot of the last page . The witness was unable to explain why there was no signature in the register for DATE , whereas the corresponding page for DATE did have CARDINAL .", "The visitors ' register showed that PERSON had been to the station on DATE .", "The witness said that he clearly recalled that he had not seen any vehicle pass through the entrance to the building on that date , other than military vehicles .", "Yücel Erteki was born in DATE . He was performing his military service as a sentry at LOC gendarmerie command .", "He said that he had not been informed of the disappearance of PERSON and GPE . From his post , he could not see people entering or leaving the building . He could not recall being summoned by the public prosecutor . However , he acknowledged that the signature on a statement taken by the public prosecutor was his .", "PERSON was born in DATE . He was a non - commissioned officer serving in the operations unit of the PERSON gendarmerie at the material time .", "He said that he had heard of PERSON and GPE following anonymous information received at the gendarmerie station in DATE . While he could not remember the precise content of the information , the gist was that CARDINAL people , who may have been PERSON and GPE , had been taken by lorry to ORG camps in northern GPE . The gendarmerie passed the information on to the anti - terrorist branch of ORG and drew up a report . He played no further part in the case .", "The witnesses were born in DATE respectively . They were police officers at ORG and responsible for immigration control at the border with northern GPE .", "They were informed that PERSON and GPE were missing and were asked whether the CARDINAL men had left or entered GPE through the ORG checkpoint .", "Acting on information from an anonymous informant , the witnesses stopped a lorry that had entered GPE from GPE and , during a search that took TIME , seized a letter and a small bottle filled with green powder . They were somewhat surprised as the information related to a possible haul of leaflets issued by an illegal organisation . The driver was present during the search and denied any implication in the incident . They informed the NORP public prosecutor , who came out to the checkpoint . The letter was intended for ORG and said that PERSON and GPE were in ORG camps in northern GPE .", "PERSON Can was born in DATE and was the commanding officer of the LOC gendarmerie at the material time .", "He said that his superior was Colonel PERSON , the commanding officer of the PERSON gendarmerie regiment . He would converse with him several times a day .", "He described the location of his office . Visitors waited in the waiting - room opposite his office and he saw them when he had time .", "He had not known PERSON and GPE before DATE . He knew the former through his political activities as a member of HADEP . PERSON was in contact with non - commissioned officer PERSON and provided important information on the trafficking of arms , fuel , drugs and illegal products .", "The witness met PERSON for the first time in DATE . As the witness had only just been appointed to the post , ORG paid him a courtesy visit . He was accompanied by another person . PERSON mentioned that his son , PERSON , had just become President of the local branch of HADEP in Silopi and would shortly be paying him a visit . The witness asked PERSON to congratulate his son on his behalf .", "The witness said that in principle the establishment of a local party office or a change in its membership would be of no interest to him . However , certain information and material in his possession had raised concerns about possible links between ORG and the terrorist organisation ORG ( ORG ) . He did not at any stage ask PERSON and PERSON to give up their activities as members of ORG .", "He met PERSON again on DATE . He came to pay him a visit with his brother PERSON and CARDINAL other people . This too was a courtesy visit . On DATE PERSON himself came to visit him . The witness had already spoken with him on the telephone but this was the first time he had seen him . PERSON informed him of his new position at the local branch of HADEP and confirmed that he continued to see non - commissioned officer PERSON . PERSON told the witness : “ Do not have any suspicions about me , I wish to collaborate closely with the ORG , with all the agents of the ORG , the gendarmerie , the police and the district governor . ” He added that party leaders and other people had been putting pressure on him . He had left Silopi for a time and had travelled to Van , Cizre and Diyarbakır to attend to personal matters and ORG 's affairs . The witness said that their meeting took place in a very friendly atmosphere and he even called in LOC . This was the first time PERSON had met PERSON , as they had previously only spoken on the telephone . PERSON had contacted PERSON for help when his father was in custody and offered to provide information in exchange . The witness said that he had never met PERSON ; however , he had seen his name mentioned in an official document as someone engaged in the transport of fuel from northern GPE .", "On TIME , the witness played host to a team of CARDINAL inspectors whom he accompanied on a tour of inspection of the PERSON and ORG gendarmerie posts ( having left the station at TIME ) . He did not return to the station until TIME or TIME and did not speak to PERSON that day . He saw him at TIME the following day . The witness said that he was replaced by the duty officer during his absence . None of his superiors or other officers from the Şırnak regimental headquarters visited the LOC command on DATE .", "NORP The witness said that on his return to the station in Silopi he received a telephone call from the NORP public prosecutor , PERSON , enquiring whether CARDINAL people , who were members of ORG , had been taken into custody at Silopi district gendarmerie command . He said that they had not , but that he would make enquiries at other gendarmerie posts . The public prosecutor rang back at TIME and the witness informed him that his enquiries indicated that neither PERSON nor GPE had been taken into custody at any stage .", "It was not until DATE that PERSON Can learnt that PERSON and PERSON had come to see him . PERSON told him that he had spoken with the QUANTITY men , who said that PERSON was having problems with his fuel transport business and needed his help . Before leaving the building PERSON handed some documents on HADEP to LOC . The witness refused to divulge the content of those documents .", "It was the witness 's understanding that the public prosecutor was fully empowered to inspect the gendarmerie station ( or to carry out an investigation ) . When visiting the station , the public prosecutor would inspect the registers and cells and thus perform routine checks .", "With regard to ORG 's activities , the witness said that they were relatively concerned about the party 's links with ORG . He added :", "“ ORG is a terrorist organisation and has a great deal of influence over HADEP . I informed PERSON about this and asked him to keep me informed of any developments . He assured me that PERSON and I would be informed without delay and that he would not be doing anything illegal . Prior to DATE I had not spoken about PERSON and PERSON to my superior , PERSON . He had not asked me any questions about them . Following their disappearance , the public prosecutor and ORG investigators made enquiries . All the enquiries focused on the NORP district gendarmerie command . We also made enquiries : we questioned a number of people , CARDINAL soldiers , worked in close cooperation with the police and circulated posters bearing their photographs . However , when the letter was seized by police at FAC , we directed our investigations to northern GPE .", "I repeat that no pressure was exerted by command as a result of ORG 's activities . The resignations of some of ORG 's members was an internal party affair . The allegations of threats and intimidation made by PERSON are without foundation . He came to pay me a courtesy visit and brought me a gift , which I declined . No one ordered PERSON and PERSON to come to the station . I did not witness a call by PERSON to ORG on DATE ; he did not say that unless PERSON came to see him he would never be able to set foot in PERSON again and he would kill him . I repeat that neither PERSON nor GPE were at any stage taken into custody . On DATE they came to the station and then left . ”", "The witness said that after returning from his tour of inspection at TIME on DATE he was contacted by Mr PERSON and the public prosecutor PERSON . He told them that neither of the missing men was in custody and gave the same reply to the district governor DATE . In response to the district governor 's comments , he checked the register of visitors ' arrivals and was informed of PERSON and PERSON visit . On DATE the public prosecutor summoned the gendarmes and requested the registers .", "As to the allegation that the visitors ' register was not signed by the duty officer on DATE , the witness explained that there was no rule on the subject and that it was left to the duty officer 's discretion . The important point was to note comings and goings .", "The witness did not know the officers on the interrogation and intelligence team at the Şırnak regimental headquarters . He was unable to comment on the document the NORP public prosecutor had sent to the PERSON public prosecutor asking to be allowed to interview the officer who had telephoned PERSON ( on his mobile phone ) at TIME on DATE and indicating that the persons who had attempted to force him into their car at TIME had been identified .", "The witness said that he was questioned by the public prosecutor in DATE , by which time he had been transferred to the ORG district . The public prosecutor had not summoned him earlier . He said that certain teams from the Şırnak regimental headquarters ( dealing with intelligence ) wore plain clothes and used unmarked cars .", "NORP The witness denied telling PERSON that the GPE was not under his orders or the orders of the commanding officer of the PERSON gendarmerie regiment . He said that he knew nothing about the GPE and had never heard of the existence of such a unit within the gendarmerie .", "Kubilay Taştan was born in DATE and was CARDINAL of the Silopi public prosecutors at the material time . There were CARDINAL public prosecutors in Silopi at the time , PERSON , PERSON and the witness .", "He did not know PERSON and GPE and had never met them . He was informed of the incident at TIME on DATE by Mr PERSON . He contacted the commanding officer of the Silopi gendarmerie on the telephone and asked his replacement to make enquiries of all the gendarmerie posts . PERSON Can called him back to say that neither of the missing men had been to the gendarmerie station or taken into custody .", "After receiving that information he did not consider an on - site inspection necessary . The procedure was that the commanding officer of the gendarmerie had a duty to inform him whenever anyone was taken into custody and of the reasons for the arrest . He regarded everything he was told by the gendarmes as true . He gave the following account of the events :", "“ We considered that PERSON and PERSON had not been taken into custody . The investigation proceeded orally . I found the information provided by the commanding officer to be satisfactory . On DATE I contacted the Şırnak , PERSON and ORG public prosecutors ' offices by telephone and asked whether the missing men had been detained within their sectors . They said they had not . DATE Mr ORG arrived with the father of CARDINAL of the missing men . We took a statement from him , they lodged their complaint and the investigation began DATE . On CARDINAL and DATE I took a statement from someone who said that he saw PERSON and GPE enter the district gendarmerie command and gave instructions to the commanding officer to send full lists of the names of the soldiers and officers who were on the premises on DATE . I also questioned CARDINAL or CARDINAL soldiers who were on duty that day . I repeat that it would not have been possible to conceal any detention from me and that there would have been no point in my going to the station . On DATE , in accordance with our internal organisation procedure , I handed the investigation file over to my colleague PERSON , who took evidence from various gendarmes and members of the armed forces . On DATE a delegation from ORG came to see me and asked me questions about the investigation . I did not say that they should look for PERSON and GPE in PERSON . I always spoke to PERSON Can on the telephone and did not meet him in person . We did not receive any information about what had happened to the missing men . I saw the visitors ' register and the custody record on DATE and checked the signatures . ”", "With regard to the investigation procedure , the witness said that , when investigating a case , the public prosecutor was in all cases entitled to enter the gendarmerie station , make enquiries on the LOC and carry out judicial checks , such as inspecting the cells or checking the lawfulness and conditions of detention .", "He expressed no view on the allegation that a gendarme had called PERSON to ask him to come to the station . He said that he could not divulge the name of that person as the investigation was confidential .", "PERSON was born in DATE and was a public prosecutor in Silopi at the material time .", "He did not know PERSON or GPE . He was in charge of the investigation into the disappearance of the CARDINAL men for DATE before being transferred on DATE .", "He gave the following account :", "“ There were CARDINAL public prosecutors in Silopi . One of us was on duty DATE . I was given the file on the case by PERSON . He had taken some statements and requested the registers from the station . I questioned the gendarmes who were present at LOC gendarmerie command on DATE and carried out a proper investigation taking all possibilities into account . On a number of occasions I used PERSON , who was a key witness in this case . I sent him to ORG so that an identikit picture could be made of the people who had attempted to force PERSON into a car . I asked for the people who had telephoned him to be identified and photographs of all personnel at LOC gendarmerie command were shown to FAC . The public prosecutors ' offices in the region were informed that the CARDINAL men were missing . Copies of the visitors ' registers to the station were sent to ORG . I did not take a statement from PERSON Can as I was not given the authority to do so , as when a commanding officer was accused of an offence authorisation was needed from ORG . I questioned the other gendarmes as suspects .", "Until DATE those concerned had access to the documents in the investigation file and a copy of the material in the file was given to PERSON . However , the information had been disseminated by the media , including the media controlled by the illegal organisation . Therefore , further to an application by me with a view to bringing the investigation to a successful conclusion , the judge made an order on DATE imposing restrictions on access to the file . It is true that the commanding officer of the Silopi gendarmerie had earlier sought an order making all the statements from the gendarmerie personnel confidential . ”", "In response to a question regarding the identity of the person who had telephoned PERSON on DATE , the witness replied :", "“ No call was made by the commanding officer of the Silopi gendarmerie . The list compiled by the telephone operators indicates the name of the person who rang PERSON . That name appears in the file . When we sent a copy of the investigation file to ORG , the names had not been deleted . Since the person concerned was not in Silopi , I had no jurisdiction to question him or her or to organise an identification procedure . I informed the competent public prosecutor 's office and it was its responsibility to take the necessary action . ”", "PERSON was born in DATE and was a public prosecutor in Silopi at the material time .", "He did not know PERSON or GPE and was not personally responsible for the investigation . However , the other CARDINAL public prosecutors worked with him .", "The applicants alleged that PERSON and GPE had been threatened and intimidated by the commanding officer of the PERSON gendarmerie regiment on account of their activities as members of ORG . They stated that after being summoned by the commanding officer of the Silopi gendarmerie the missing men had gone to the station on DATE . There had been no news of them since .", "On DATE the public prosecutor PERSON took evidence from ORG and ORG . The latter said that , following a telephone call from the commanding officer , he had taken PERSON and GPE by car to the Silopi gendarmerie .", "The telephone records showed that PERSON had received a call on his mobile phone at TIME on DATE .", "On DATE statements were taken from Eyüp and PERSON at ORG . ORG described the men who had attempted to force him and PERSON to get into their car . QUANTITY ORG said that Eyüp and PERSON had been intimidated in the past on account of their activities as members of ORG and that he was worried about their safety .", "On DATE , further to an oral request from the NORP public prosecutor 's office , the commanding officer of the PERSON gendarmerie regiment sent CARDINAL notes to the Şırnak and Silopi public prosecutors ' offices and to the Şırnak provincial governor indicating that :", "( a ) PERSON went to the NORP district gendarmerie command of his own accord on DATE , and during his meeting there he was not threatened on account of his political activities or forced to resign from his position as leader of the local branch of ORG ;", "( b ) On DATE , PERSON and GPE went to the station of their own free will and left the building at TIME ;", "( c ) During the visit , the commanding officer was out inspecting the ORG gendarmerie post ;", "( d ) PERSON was a gendarmerie informant ;", "( e ) On DATE PERSON handed over certain documents to a non - commissioned officer and sought the latter 's help with respect to the revocation of PERSON operator 's licence ;", "( f ) The purpose of all the allegations that had been made was to tarnish the image of the security forces , to misinform the public and to put pressure on the courts following the arrest of HADEP leaders in PERSON on account of their links with the ORG . The persons concerned had issued official statements indicating that they had received death threats and those allegations had appeared in DATE edition of the ORG newspaper .", "On DATE the public prosecutor PERSON took statements from CARDINAL witnesses who said that they had seen PERSON and GPE enter the gendarmerie station together , from the applicants PERSON and PERSON , and from CARDINAL gendarmes from Silopi station . The gendarme PERSON said that PERSON was wearing a suit and entered the building with GPE . The QUANTITY men left TIME after arriving . The gendarme PERSON stated that PERSON arrived at the station TIME before PERSON .", "On DATE the public prosecutor PERSON took statements from CARDINAL gendarmes who said that the missing men had not been taken into custody in any of the gendarmerie posts and that they had no information about them .", "As to the other statements taken by the Silopi public prosecutor 's office , the ORG notes that certain names and information have been deleted from the documents the Government produced on DATE . The ORG stated that , owing to a confidentiality order made by the competent court , they were unable to disclose the name or details of the person who had telephoned PERSON on DATE , whom the public prosecutor PERSON had identified , or to provide the unexpurgated investigation file containing the information that had been deleted from the file sent originally .", "On DATE PERSON and his brother PERSON were questioned by the public prosecutor . PERSON stated that in DATE they were arrested on the Silopi road while on their way to Cizre by CARDINAL people in civilian dress who asked PERSON to go to the Şırnak regimental headquarters . ORG went to see the commanding officer PERSON , who told him that PERSON should resign from his position in HADEP .", "On DATE the Silopi public prosecutor sent the case file to the public prosecutor at ORG .", "On DATE the ORG sent the ORG a letter from General PERSON , stating that the investigation by the Silopi public prosecutor was still pending and that a simultaneous investigation by the ORG would interfere with due process and undermine the investigation . He said that he had submitted his written statement to the domestic court authorities and refused to appear as a witness before the ORG .", "In a letter of CARDINAL DATE , the ORG informed ORG outcome of the proceedings concerning the complaint lodged with the Şırnak public prosecutor by PERSON of intimidation against HADEP party members . They said that the investigation had begun on DATE . The public prosecutor had declared that he had no jurisdiction ratione materiae and had returned the case file to ORG . In an order dated DATE , ORG had concluded that there were no grounds for prosecuting the gendarmes against whom the accusations had been made .", "NORP In a letter to the ORG dated DATE , the applicants ' representative said that the person who made the telephone call to PERSON had been identified by the NORP public prosecutor as the head of the intelligence and interrogation unit of the PERSON gendarmerie regiment , PERSON . He said that the file showed that Mr PERSON and CARDINAL gendarmes from the same unit had attempted to force PERSON to get into the car on DATE .", "On CARDINAL DATE the Şırnak public prosecutor ruled that the commanding officer of the PERSON gendarmerie , PERSON , had no case to answer on the charge of making threats in order to secure compliance with an ultimatum .", "On CARDINAL DATE PERSON asked the President of ORG to review that decision and again alleged that death threats had been made . His application was dismissed on DATE on the ground that there was no evidence in the file to show that the accused had threatened ORG .", "NORP On DATE the public prosecutor ruled that CARDINAL of the defendants , including QUANTITY gendarmes , had no case to answer . His findings were as follows :", "“ The document ... dated DATE drafted by the NORP public prosecutor 's office on the kidnapping incident has been examined .", "... the NORP public prosecutor 's office , on DATE , when referring the investigation file concerning the disappearance of the President and Secretary of the local branch of HADEP in Silopi , PERSON and GPE , ... asserted that the events in this case fell within the jurisdiction of ORG for the following reasons :", "As regards defendants ORG . CARDINAL to CARDINAL and defendant no . DATE at QUANTITY on the date of the incident CARDINAL individuals claiming to be police officers pulled up in a vehicle in front of PERSON and ORG outside ORG and asked them to get in . PERSON and Eyüp Tanış refused , saying that they would go to the gendarmerie headquarters only if they received a call from the authorities . PERSON received a telephone call at TIME and was summoned to the Silopi district gendarmerie command . PERSON and GPE went to the gendarmerie headquarters and have not been heard of since .", "DATE before the incident , the commanding officer of the Şırnak gendarmerie regiment had summoned PERSON father , PERSON , and threatened him telling him that his son should resign from his position as President of the local branch of HADEP as otherwise neither he nor his family would be allowed to live . The missing men were abducted by the security forces . Acts of serving security forces in the region contravened LAW of LAW and fell within the jurisdiction of ORG .", "As regards defendant no . DATE according to information received on police telephone numbers CARDINAL and CARDINAL approximately DATE previously , the President of the ORG provincial office in GPE , PERSON , had sent PERSON and GPE in a state of unconsciousness from Silopi to northern GPE where they were to be handed over to the ORG in exchange for CARDINAL GPE ] dollars [ ORG ] . Such conduct contravened LAW of LAW and fell within the jurisdiction of ORG .", "As regards defendants ORG . CARDINAL , DATE to DATE and DATE calls were made from their telephones after DATE to number CARDINAL DATE , which is PERSON telephone number . Such conduct contravened LAW and fell within the jurisdiction of ORG .", "As regards defendant no . CARDINAL , PERSON – the defendant has made a statement to the press saying that he killed the CARDINAL missing men .", "Having regard to the material in the investigation file and information obtained from the additional investigation by this office :", "As regards defendants ORG . CARDINAL to CARDINAL and defendant no . DATE , who are serving members of the security forces in the region and local informants .", "Firstly , an order was made to sever the investigation file concerning the allegations of death threats made by the commanding officer of the Şırnak gendarmerie regiment , the head of the security forces in the region , against ORG , the father of the missing PERSON , and to send it to the PERSON public prosecutor 's office for investigation . Following the investigation by the PERSON public prosecutor 's office ... , a decision was made on CARDINAL DATE that there was no case to answer as the only evidence was abstract allegations . Following an objection by ORG representative , PERSON , the President of ORG decided on DATE ... to reject it , for want of sufficient evidence to institute proceedings or try ... the commanding officer of the PERSON gendarmerie , and to uphold the decision that there was no case to answer .", "Since that decision is final , the allegation that ' he [ PERSON ] was threatened with death DATE before the incident ' , which constitutes the basis for the allegations that the said persons were kidnapped and executed by the security forces , is still pending and has not been made out .", "Further , as regards the allegation that PERSON and PERSON were summoned by the commanding officer of the LOC gendarmerie shortly before they went missing , that it has been impossible to obtain any news about them since and that they were kidnapped by the security forces :", "Having regard to the information provided to the investigators by the commanding officer of the Silopi gendarmerie and the examination by the local public prosecutor 's office of the registers kept by the Silopi district gendarmerie command ;", "It has been established from the signatures in the visitors ' register at the district gendarmerie command that the missing persons arrived at the Silopi district gendarmerie command at TIME on DATE they disappeared ; that the records state that they left at TIME ; that their signatures on their arrival and departure appear opposite their names ; that these signatures were sent to ORG for comparison with samples of their signatures obtained by the local public prosecutor 's office from various public records ; and that the department of ORG specialising in handwriting analysis ... concluded in its report of DATE ... that the signatures in the register opposite the names of the missing men ... were those of PERSON and GPE .", "Further , according to the Silopi gendarmerie , PERSON was a local informant . He provided information and documents about past or future incidents in the region . On DATE of his disappearance he attended the gendarmerie headquarters for that reason . ... the visitors ' register shows that on CARDINAL and DATE his father , PERSON , and on DATE PERSON himself , went to the gendarmerie headquarters ; it was also noted that there was a fact sheet in the name of PERSON among the fact sheets giving details of the sources and means of obtaining information held by the central gendarmerie command at ORG where the names of local informants were listed .", "In the light of these explanations , the investigation file does not contain sufficient information and evidence to establish that the missing persons have been kidnapped by the security forces .", "As regards defendant no . DATE , PERSON – in view of the information received by the security forces at TIME on DATE from a person who did not disclose his or her identity and has not been identified ( ' I do not recall the date exactly , I negotiated with PERSON , a member of ORG , to take CARDINAL people to the north of GPE in exchange for USD CARDINAL,CARDINAL . I smuggled them to the north of GPE via the Habur border checkpoint in a lorry . On the way , the road was blocked by armed individuals who took the QUANTITY men with them . They also took the USD CARDINAL,CARDINAL . I asked PERSON for this money on my return , but he did not give it to me . ' ) , it was alleged that the defendant had sent the missing persons to the ORG in northern GPE in exchange for money .", "In view of :", "( a ) the denial of these accusations by the defendant ;", "( b ) the failure to identify the informant ;", "( c ) the informant 's failure to ask the authorities to take action ;", "( d ) the lack of concrete evidence to support the allegation ;", "the investigation file does not contain sufficient information and evidence to establish the truth of that allegation .", "As regards defendants ORG . CARDINAL , DATE to DATE and DATE although the telecommunications records established that calls were made after the disappearance of the CARDINAL men to telephone number CARDINAL DATE , which is registered in the name of PERSON , that telephone is not used by PERSON , but by his uncle PERSON , who has used it since DATE and who received the calls that were made to it . In view of that fact , the investigation file does not contain sufficient information or evidence to establish that the defendants established contact with PERSON after the date of his disappearance .", "As regards defendant no . CARDINAL , PERSON – it has been claimed that the defendant had stated in the press that he killed the missing men .", "However , in view of :", "( a ) the statements made by the defendant on DATE to the public prosecutor , in which he said that after seeing a group of HADEP party members set the NORP flag on fire and insult martyrs [ people who had been killed by ORG militants ] he had snatched back the flag and injured a person in the leg for insulting his brother , a martyr , that he had no connection with the missing persons and the article in DATE edition of the ORG newspaper was exaggerated , that he rejected the accusation and did not know the missing persons ;", "( b ) the fact that it is impossible to find concrete evidence to support the newspaper article ;", "the investigation file does not contain sufficient information and evidence as regards this allegation .", "In the light of the above findings :", "The defendant 's implication ... in the disappearance of the CARDINAL men has not been sufficiently established to enable criminal proceedings to be instituted under LAW of the Code of Criminal procedure .", "Decides , pursuant to ORG CARDINAL and CARDINAL of LAW :", "That , in the light of the lack of evidence , no criminal proceedings should be brought against the defendants ;", "That in view of the confidentiality order issued by ORG on DATE under the provisions of LAW and the restriction imposed on the rights of the parties or their representatives to examine the case file and to take copies of documents , owing to the fact that when the investigation was carried out by the local public prosecutor 's office statements were obtained from local informants in which their names and addresses were given , it is necessary to remove from the file and hold at the public prosecutor 's office at the ORG pursuant to section CARDINAL of LAW the statements of the local informants , the information relating to their identity and a copy of the documents , without prejudice to the merits ;", "To return the case file to the Silopi public prosecutor 's office , which has jurisdiction in the area in which the incident took place , in order to discover the real culprits ;", "To serve a copy of the decision on the complainants , their representatives and the defendants ;", "To serve a copy on ORG , on ORG at ORG , as the case is the subject of an application to ORG ; and", "To serve a copy of the decision on the commanding officer of the Şırnak provincial gendarmerie , as the accused include gendarmerie officers . ”", "The applicants appealed against the decision that there was no case to answer . Their appeal was dismissed by ORG on DATE . The relevant passages from its decision read as follows :", "“ Having considered the grounds of appeal and the investigation file :", "NORP The decision that the defendants , who are public servants , have no case to answer concerns LAW of LAW [ which governs offences against political freedom ] . No such order has been made in the case concerning the disappearance . The decision contains an order to pursue the investigation into that incident .", "A decision that there is no case to answer is not a final decision . The proceedings will resume if new evidence comes to light before the end of the limitation period . Proceedings may be brought de novo against an accused who has been found to have no case to answer or against other suspects ( LAW ) .", "In the present case , the offence in respect of which the appeal has been made is within the jurisdiction of ORG . No additional investigation has been ordered under LAW since no defect liable to affect the merits has been found . However , it would appear advisable to take the following steps when gathering evidence in the course of the investigation :", "( a ) To obtain a new statement from ORG regarding the point referred to in the document issued on DATE by the NORP public prosecutor 's office ; to organise a confrontation between the witness ORG and ORG , in accordance with the procedure , in order to clear up the uncertainty over identification ; to establish why PERSON called PERSON at TIME on DATE ;", "( b ) To trace the record drawn up on DATE concerning the lorry with registration number CARDINAL DK CARDINAL and to obtain a statement from PERSON , whose name is mentioned in the record , in order to determine why PERSON went to the gendarmerie headquarters ;", "( c ) In order to determine whether ORG and PERSON were threatened on DATE of the incident [ attempt made to force them to get into a vehicle ] , to identify the registration number of the vehicle concerned , and establish why the eyewitness ORG failed in broad daylight to note a single letter from the number plate which was very close to him when he had given a detailed description of the people who had tried to force them to get into the vehicle ;", "( d ) To send the photograph of PERSON in the case file and the photograph allegedly portraying PERSON with a militant from the organisation to the relevant department at ORG to see whether the CARDINAL photographs are of the same person .", "Having regard to the aforementioned considerations :", "Decides , following its examination of the case file , dismissing the appeal and sitting as a court of last instance :", "To dismiss the complainants ' objections to the public prosecutor at ORG decision of CARDINAL DATE that there was no case to answer concerning the offence under LAW of using threats or violence to prevent the exercise of political rights , as the decision complied with the rules of procedure and the law ;", "To pursue the investigation , to send the case file to the NORP public prosecutor 's office to remedy the defects noted in the investigation and listed above ...", "To remit the case file to the public prosecutor 's office at ORG . ”", "The Criminal Code makes it an offence to :", "( a ) arbitrarily deprive a person of his or her liberty ( DATE lays down the general rule , LAW to public servants ) ;", "( b ) make threats ( LAW ) ;", "( c ) subject a person to torture or ill - treatment ( Articles CARDINAL and CARDINAL ) ;", "( d ) commit involuntary homicide ( Articles CARDINAL and CARDINAL ) , voluntary homicide ( Article CARDINAL ) or premeditated murder ( Article CARDINAL ) .", "For all these offences , complaints may be lodged , pursuant to Articles CARDINAL and CARDINAL of LAW , with the public prosecutor or the local administrative authorities . The public prosecutor and the police have a duty to investigate crimes reported to them , with the former deciding whether a prosecution should be initiated , pursuant to LAW . A complainant may appeal against a decision by the public prosecutor not to institute criminal proceedings .", "The public prosecutor had no jurisdiction to investigate alleged acts of terrorism , for which a separate system of national security prosecutors and courts operated throughout GPE ( at the material time ) .", "Article CARDINAL of the Code of Criminal Procedure provides :", "“ Counsel for the defence may examine all the material in the investigation file and the procedural file and take copies of any documents free of charge .", "If it would be prejudicial to the preliminary investigation for this right to be exercised , a district court judge may , on an application by the public prosecutor , make an order restricting its exercise ... ”", "Article CARDINAL of the Criminal Code provides :", "“ Anyone who by threats or violence ... totally or partly prevents another from exercising his or her political rights shall be guilty of an offence ...", "If the offender is a public servant who has abused his or her authority to commit the offence , the prison sentence shall be ... and the offender shall be disqualified from public service for DATE . ”" ]

[ "13", "2", "3", "38", "5" ]

[ "2-1", "5-1" ]

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[ "The applicants were born in DATE , DATE , DATE , DATE and DATE respectively . On DATE the second applicant died . By letter of CARDINAL DATE , PERSON , the second applicant 's widow , informed the ORG that she wished to pursue the application .", "The first applicant was employed by a subsidiary of the Statecontrolled “ Pivdenelekromash ” PERSON ( “ the Company , ” ВАТ “ Південелектромаш ” ) until her dismissal on redundancy in DATE . The other applicants were employed by the ORG itself .", "DATE and DATE ( see appendix for details ) each applicant obtained CARDINAL or more final judgments from ORG ( Новокаховський міський суд PERSON області ) , awarding him or her salary arrears or other payments against his or her employer .", "The writs of enforcement in respect of these judgments were transferred to ORG ( ORG виконавчої служби Новокаховського міського управління юстиції ) , which initiated the enforcement proceedings . On different occasions the bailiffs informed the applicants that the collection of the debts was impeded by pending bankruptcy proceedings against the Company .", "In DATE the judgment given in favour of the first applicant and CARDINAL of the CARDINAL judgments given in favour of the second applicant were enforced in full . Other judgments remain fully or partially unenforced .", "The relevant domestic law is summarised in the judgments of ORG v. GPE ( no . CARDINAL/CARDINAL , § § DATE , DATE ) and ORG v. GPE ( no . CARDINAL , § § DATE , DATE ) ." ]

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[ "NORP The applicant , ORG , is a company registered in GPE as from DATE , which has its registered address in GPE . It was represented before the Court by PERSON , a lawyer practising in PERSON .", "NORP The facts of the case , as submitted by the applicant , may be summarised as follows .", "On DATE the applicant company acquired CARDINAL pieces of land measuring CARDINAL , CARDINAL and QUANTITY , respectively , and QUANTITY in total , at a price of MONEY ( ORG ) DATE ( MONEY ( ORG ) ) , with the aim of developing the land for commercial purposes .", "At the time of purchase , the land situated at the upper reaches of “ the valley ” was included within the “ limits to development ” within the meaning of LAW ( DATE ) issued by the relevant authority , namely ORG . The applicant alleged that the land within the development zone as delineated by LAW was at the time considered to have development potential , even though the exact layout and type of development had not yet been determined . The area in which the applicant company ’s property was situated was marked as a “ white area ” , which , according to the applicant , meant that no specific type of development had yet been determined for the site , as opposed to a “ green area ” , which meant that it was to be conserved and that no development would be allowed . Moreover , the land was situated within the boundaries of development . It followed , according to the applicant , that development of the zone was surely permissible .", "DATE land development in GPE was generally governed by the guidelines set out in LAW . During this time , the applicant company alleged that various properties in the vicinity of its land , situated within the “ white area ” , had been developed ( mostly for residence purposes ) and the Government had built social housing complexes in the area . In DATE ( after the scheduling order referred to in the paragraph below came into effect ) permission was given to build a road , giving access to CARDINAL private hotels situated further in from the applicant company ’s land , at the lower reaches of “ the valley ” .", "By a notice ( no . CARDINAL ) published in ORG of DATE , the site owned by the applicant was declared to be scheduled for conservation purposes in terms of section CARDINAL of LAW ( DATE ) ( “ the LAW ” ) . ORG ( “ ORG ” ) , the successor to ORG , considered the site to form part of the valley protection zone and its buffer zone , entailing level - CARDINAL protection , namely the lowest level of protection for scheduling purposes . In consequence , the use of the land was limited to agricultural purposes .", "A number of different applications lodged by the applicant company on unspecified dates , asking for permission to develop the land , were dismissed by ORG .", "On DATE the applicant company filed an appeal with ORG ( “ ORG ” ) against the scheduling of its land . It argued that the area at issue should not have been scheduled in this way since there was no reason to conserve it , apart from the maquis vegetation found at its north eastern edge . Nor could the land be considered to be rural , bearing in mind that it was surrounded by a highly urbanised area . According to its experts’ reports , the applicant company was of the view that the area should be considered suitable for commercial development and not a valley protection zone , a notion which was not mentioned in the Structure Plan . Nor could it be considered to be a rural conservation area , an area of ecological importance or a site of scientific importance .", "By a judgment of DATE the applicant company ’s appeal was dismissed and the contested scheduling confirmed . Referring to the findings of ORG , the ORG considered that the land at issue served as a buffer zone to the ecologically important “ valley ” and , therefore , qualified as a level - CARDINAL protection area of ecological importance , mainly acting as a buffer zone to the more important “ valley ” . The inclusion of buffer zones had been mentioned in the Structure Plan ’s Explanatory Memorandum as falling under the heading of areas of ecological importance and sites of scientific importance . Moreover , the applicant company had acknowledged the existence of the maquis vegetation , and this in itself allowed for the lowest level of protection according to LAW and therefore sufficed , according to the applicable law , in order to declare the land to be scheduled for conservation purposes . As to the use of the land for agricultural purposes , although this was not established by ORG , this was the actual use to which the land was being put at the relevant time . In conclusion , the land was indeed of ecological / scientific importance , and even though the term “ valley protection zone ” was not a legal term , it was understood as falling under the definition of areas which were to be protected according to Policies ORG CARDINAL and CARDINAL .", "On DATE the applicant company appealed to ORG . During these proceedings , in DATE , it further complained that the ORG was infringing its property rights since : ( i ) ORG had acted outside the parameters of the law by de facto expropriating the property , as the LAW did not provide for the scheduling of property for valley protection or buffer zones ; ( ii ) the scheduling was not required for a public purpose ; and ( iii ) the LAW did not provide for payment of compensation upon the scheduling of property , notwithstanding that its property had diminished in value ( allegedly from ORG CARDINAL,CARDINAL,CARDINAL to ORG CARDINAL,CARDINAL ) . The applicant company insisted that when it had acquired the land it was already situated in a developed area and , indeed , part of its land had been taken for the purpose of building a road to guarantee access to the built - up entertainment zone . However , as a consequence of the scheduling in question , the land had become worthless and the applicant company ’s investment futile . Moreover , since other permits had been issued for development of the area notwithstanding its environmental value , the applicant company had been discriminated against in the dismissal of its requests .", "On DATE ORG referred the matter to the constitutional jurisdiction .", "By a judgment of CARDINAL DATE ORG ( FAC ) , in the exercise of its constitutional jurisdiction , upheld the applicant company ’s claims in part . It considered that , although there had not been a de facto expropriation , the ORG had been controlling the use of the applicant company ’s property , thereby limiting the latter ’s right of ownership . It was not necessary to go on to consider the legality of the measure , as this was deemed to be within the competence of the ordinary courts . It then considered it relevant that when the applicant company had purchased the land , it had been aware that the land was situated in a “ white area ” , which meant that only limited development could take place . In the meantime the land had become a “ green area ” , and development was no longer possible , in order to protect the valley on the periphery of which the applicant ’s land was situated . The court held that while it was true and unfortunate that the area surrounding the valley was fully developed , it was legitimate and in the general interest for ORG to protect what was left of it . However , it considered that there had been a violation of the applicant company ’s rights since no compensation had been granted to it following the permanent scheduling of its land . Lastly , it held that the applicant company had not been discriminated against , as the only land in a comparable position , namely land which had been scheduled but on which development had nevertheless been permitted , was the road built by the Government . This constituted a project in the general interest , as opposed to the applicant company ’s project , which was solely commercial and in the interest of private parties . Thus , the difference in treatment had been justified .", "MEPA and the Attorney General appealed and the applicant company cross - appealed . By a decision of CARDINAL DATE ORG rejected a request by the applicant company for leave to submit new evidence .", "By a judgment of CARDINAL DATE ORG upheld in part the first - instance judgment and quashed the rest , dismissing all the applicant company ’s original claims . It emphasised that the applicant had purchased the land when it had been designated as a “ white area ” . Thus , the potential for development of the land was limited and uncertain , since no guidelines or framework had yet been put in place to regulate it . In fact , as happened in the applicant company ’s case , its land was eventually scheduled as a level CARDINAL buffer zone to “ the valley ” , which was highly protected ( level CARDINAL ) , being an area of ecological and scientific importance . The scheduling of the applicant company ’s land had been in accordance with the relevant policies ( namely , ORG CARDINAL ) and the Structure Plan , which provided that “ small to medium scale physical developments can be considered , provided no suitable alternatives exist and features of ecological and scientific interest are protected , in so far as a suitable environmental impact assessment is made ” . Moreover , at the date of judgment the land had become a green area according to the CARDINAL Local Plan .", "In answer to the applicant company ’s grounds of appeal , it confirmed that the validity ( legality ) of the scheduling was a matter for the ordinary courts to decide , and that the site was worth protecting in the general interest . The measure of control over use of the property had further restricted its use in that after the original designation of the land as a white area , which might have permitted full development in the future , the land had subsequently been scheduled so as to limit its use to “ small to medium scale physical development ” , according to certain conditions . However , bearing in mind the ORG ’s margin of appreciation in imposing planning restrictions , the aim of the measure had been legitimate and it could not be said that every scheduling of property required adequate compensation . In the present case the applicant company had not been certain that it would be granted permission to develop the land in the future , as the land had been designated as a “ white area ” ; thus , the applicant company had in fact engaged in a commercial speculation project . It followed that the applicant company did not have a legitimate expectation that it would be granted such permits and in consequence it could not be said that it had suffered a disproportionate burden . In the light of the foregoing , no right to compensation arose .", "Lastly , as to the complaint regarding discrimination , it considered that the ORG could reasonably have dispelled environmental concerns when building a road in the public interest , a matter which was within its margin of appreciation . Similarly , the authority had not used its discretion manifestly without reasonable foundation when it had failed to schedule the housing estate built by the ORG in an area closer to the valley than the applicant company ’s land , and such a difference in treatment had not been illegitimate or oppressive .", "Following the constitutional referral mentioned above , on DATE proceedings resumed before ORG , which by a judgment of DATE dismissed the applicant company ’s appeal . ORG considered that all the grounds raised by the applicant company had been dealt with in the ORG ’s decision and any argument relating to the fact that the ORG had based its decisions on reasons which had not been mentioned in the original scheduling order could not be entertained since this matter had never been brought to the attention of the ORG . Moreover , the applicant ’s appeal before the ORG only concerned matters of fact and not of law , and therefore no appeal to ORG could lie on this ground , such appeals being limited only to points of law in accordance with section CARDINAL ( CARDINAL ) of the LAW . It further considered that the scheduling had not been done on the basis of the rural character of the land , but for the reasons enunciated by the ORG , which had been acting within the parameters of the law .", "On DATE MEPA adopted ORG , setting up a framework upon which the authority would base its decisions on land use and development for DATE . The applicant company submitted that , as transpired from this plan and the refusal of its applications , further development was to be carried out in the area surrounding “ the valley ” . Indeed , the DATE plan extended the development zone which had been earmarked in the DATE schedules and DATE plan . In DATE Notice was amended to remove an area of land from the scheduled property ( not owned by the applicant company ) and extended the scheduled boundary to cover the entire valley system , delineating the buffer and constraint zone . It further transpired that there was a plan to build a further arterial road which would pass right through the applicant company ’s land and , according to evidence given during the domestic proceedings , a further descheduling would take place to accommodate this project .", "Section CARDINAL ( CARDINAL ) of LAW , LAW of LAW , reads as follows :", "“ The decisions of ORG shall be final . An appeal shall lie to ORG constituted in terms of article CARDINAL(CARDINAL ) of ORG from such decisions only on points of law decided by ORG in its decision . ”", "Section DATE ( CARDINAL ) of the LAW , before being repealed in DATE , read as follows :", "“ The ORG shall prepare , and from time to time review , a list of areas , buildings , structures and remains of geological , paleontological , cultural , archaeological , architectural , historical , antiquarian , or artistic or landscape importance , as well as areas of natural beauty , ecological or scientific value ( hereinafter referred to as ‘ scheduled property’ ) which are to be scheduled for conservation and may in respect of all or any one or more of the scheduled property make conservation orders to regulate their conservation . ... ”" ]

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[ "The applicants were born in DATE , DATE , DATE and DATE respectively and live in GPE .", "PERSON ( hereafter , the first applicant ) owned a flat which measured QUANTITY sq . m. and was situated at FAC , GPE . The flat was in a house situated on a plot of land measuring QUANTITY m. leased by the first applicant . The applicants alleged that Mr PERSON , Mr GPE Safyan and Mr Mihran Safyan ( hereafter , the second , third and fourth applicants ) , the first applicant ’s husband and CARDINAL sons , enjoyed a right of use in respect of this house , while the Government contested this allegation and claimed that they did not enjoy the right of use in respect of the house and simply had the right to live in it .", "On DATE the Government adopted Decree no . PERSON , approving the expropriation zones of the immovable property ( plots of land , buildings and constructions ) situated within the administrative boundaries of LOC of GPE to be taken for the needs of the State for the purpose of carrying out construction projects , covering a total area of QUANTITY m. FAC was listed as one of the streets falling within such expropriation zones .", "On DATE the Government adopted Decree no . CARDINAL-N , contracting out the construction of CARDINAL of the sections of FAC DATE which was to be renamed as FAC – to a private company , GPE .", "On DATE GPE and ORG signed an agreement which , inter alia , authorised the former to negotiate directly with the owners of the property subject to expropriation and , should such negotiations fail , to institute court proceedings on behalf of the ORG , seeking forced expropriation of such property .", "On DATE GPE CJSC informed the applicants that the flat and the leased plot of land had been valued by a licensed valuation organisation at FAC and offered the first applicant as the owner an equivalent sum in the national currency as compensation . An additional sum of USD MONEY was offered to her as a financial incentive , if she agreed to sign an agreement and to hand over the property within DATE . The other applicants were offered each CARDINAL as compensation and CARDINAL as a financial incentive .", "It appears that the applicants did not accept the offer , not being satisfied with the amount of compensation offered .", "On DATE Glendale Hills CJSC instituted proceedings against the applicants on behalf of the ORG , seeking to oblige them to sign an agreement on the taking of their property for ORG needs and to evict them .", "On DATE the first applicant lodged a counter - claim in which she contested the constitutionality of Government Decree no . CARDINAL She submitted , inter alia , that this Decree contradicted LAW , according to which property could be expropriated only through the adoption of a law concerning the property in question . She further submitted that the Government was not authorised under the same Article to decide on the expropriation of property .", "On DATE the GPE and ORG of GPE granted the claim of GPE and dismissed the counter - claim of the first applicant , ordering the applicants to sign the agreements offered and that they be evicted . ORG stated , inter alia , that it was not competent to decide upon the constitutionality of Government Decree no . CARDINAL", "On DATE the applicants lodged an appeal .", "On DATE ORG granted the claim of GPE . ORG further terminated the proceedings on the first applicant ’s counter - claim since it was not competent to decide on the constitutionality of government decrees . It also ordered that the applicants pay court fees in the amount of CARDINAL and QUANTITY ( ORG ) .", "On DATE the applicants lodged an appeal on points of law . On DATE they filed additional submissions to their appeal .", "On DATE ORG dismissed the applicants’ appeal .", "On DATE the bailiff instituted the enforcement proceedings and ordered the applicants to comply with the judgment . On CARDINAL DATE the applicants , who had apparently refused to comply voluntarily with the judgment , were forcibly evicted from their home .", "For a summary of the relevant domestic provisions see the judgment in the case of PERSON and PERSON v. GPE ( no . CARDINAL/CARDINAL , § § DATE , DATE ) ." ]

[ "P1" ]

[ "P1-1" ]

[ "P1-1-1" ]

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[ "The applicant , PERSON PERSON , is a NORP national , who was born in DATE and lives in PERSON . He was represented before the ORG by Mr A. Fuchs , a lawyer practising in PERSON . The respondent Government were represented by PERSON ORG , their Agent .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "From CARDINAL DATE until DATE the applicant served a prison sentence in the Dubnica nad Váhom prison . From DATE until DATE he continued to serve this sentence in the ORG prison . Letters which he sent from the prison to his parents were opened , read and censored by the prison authorities .", "From CARDINAL DATE to CARDINAL DATE the applicant was detained on remand in the ORG detention centre . Letters which he sent from the detention centre to his parents were monitored by the detention centre authorities and opened and read by the police investigator in charge of his case .", "The applicant further served other prison sentences in the ORG prison ( from DATE until DATE ) , in the ORG prison ( from DATE until DATE ) and in the ORG prison ( from DATE until DATE ) .", "On DATE the applicant addressed a petition ( podnet ) to ORG in which he complained about interference with his correspondence in the period DATE while serving a prison sentence . On DATE ORG declared the petition admissible . ORG informed the applicant several times that legal representation was mandatory in the proceedings before it and requested him to appoint a lawyer . On DATE ORG discontinued the proceedings as the applicant had failed to comply with the request .", "On DATE , for the second time , the applicant seized ORG . He filed a petition alleging a violation of his right to respect for his correspondence . He referred to the monitoring of his correspondence DATE in the Dubnica nad Váhom prison and the ORG prison , DATE in the PERSON detention centre and DATE in the ORG prison . He apparently submitted copies of letters addressed by him to his father which bore the official stamps showing the date on which the letters had been read by the prison authorities .", "In a letter of DATE a single ORG judge informed the applicant that ORG had no jurisdiction ratione temporis to deal with his petition . He noted that all the letters which the applicant had submitted and all the official stamps showing that the prison authorities had read these letters dated back to the period prior to the establishment of ORG on DATE .", "In DATE and DATE the applicant addressed the Dubnica nad Váhom prison administration , the public prosecution service , the ORG prison administration and the ORG prison administration with complaints about interference with ORG correspondence .", "In their respective letters of CARDINAL DATE , CARDINAL DATE , CARDINAL DATE and CARDINAL DATE the director of the Dubnica nad Váhom prison , the PERSON I District Office of Public Prosecution , the director of the ORG prison and the director of the ORG prison informed the applicant about the relevant provisions of FAC and ORG governing monitoring of ORG correspondence . They observed that the applicable legal rules had not been breached in the applicant ’s case .", "In DATE the applicant lodged an action against ( i ) ORG ; ( ii ) ORG ( Generálne riaditeľstvo zboru väzenskej a justičnej stráže ) ; ( iii ) ORG ; ( iv ) ORG in ORG , PERSON and PERSON – Šaca prisons ; and ( v ) several officials of ORG . He sought protection of his personal integrity and compensation for moral damage in connection with the alleged violation of the secrecy of his correspondence while in detention and serving his prison sentences .", "On DATE the ORG ( ORG súd ) dismissed the applicant ’s request for an exemption from the obligation to pay the court fee and for legal aid . On DATE the ORG ( Krajský súd ) upheld this decision .", "On DATE ORG discontinued the proceedings as , despite its CARDINAL previous requests and warnings , the applicant had failed to pay the court fee . On DATE , on the applicant ’s appeal , ORG upheld this decision .", "On DATE , for the third time , the applicant again seized ORG with a complaint of an interference with his correspondence while in the ORG prison DATE and of the discontinuation of the civil proceedings on his civil action of DATE .", "On DATE ORG declared the complaint inadmissible . It found that the applicant had raised his new complaint about the interference with his correspondence outside the CARDINAL months’ timelimit pursuant to LAW . ORG further found that the applicant had failed to exhaust legal remedies as regards his complaint about the discontinuance of his civil proceedings in that he had not lodged an appeal on points of law against the decision of ORG of DATE .", "Article CARDINAL provides as follows :", "“ CARDINAL . Secrecy of correspondence , other communications and written messages delivered by post and protection of personal information shall be guaranteed .", "No one shall violate the secrecy of letters , other communications and written messages kept private or delivered by post or otherwise , except in cases specified by law . This provision applies to communications delivered by telephone , telegraph and other similar means . ”", "Article CARDINAL , as in force from DATE , provides that :", "“ CARDINAL . The Constitutional Court shall decide on complaints lodged by natural or legal persons alleging a violation of their fundamental rights or freedoms or of human rights and fundamental freedoms enshrined in international treaties ratified by GPE ... unless the protection of such rights and freedoms falls within the jurisdiction of a different court .", "When ORG finds that a complaint is justified , it shall deliver a decision stating that a person ’s rights or freedoms set out in paragraph CARDINAL have been violated as a result of a final decision , by a particular measure or by means of any other interference . It shall quash such a decision , measure or other interference ... At the same time ORG may return the case to the authority concerned for further proceedings , order that such an authority abstain from violating fundamental rights and freedoms ... or , where appropriate , order that those who violated the rights or freedoms set out in paragraph CARDINAL restore the situation to that existing prior to the violation .", "NORP In its decision on a complaint ORG may grant adequate financial satisfaction to the person whose rights under paragraph CARDINAL have been violated . ” ...", "LAW ) , as in force until DATE , provided that :", "“ ORG may commence proceedings also upon a petition ( podnet ) submitted by legal entities or individuals claiming a violation of their rights . ”", "The implementation of the above provision of LAW is set out in more detail in sections CARDINAL of LAW No . CARDINAL/CARDINAL ORG . , as amended . The relevant amendment entered into force on DATE . Pursuant to Section CARDINAL ( CARDINAL ) :", "“ A constitutional complaint shall be lodged within a period of DATE from the date on which the decision in question has become final and binding or on which a measure has been notified or on which a notice of other interference has been given . As regards the measures and other interferences , the above period shall commence when the complainant could have become aware of them . ”", "The lex generalis governing execution of prison sentences is LAW No . CARDINAL Coll . , as amended . Its Section CARDINAL deals with the correspondence of convicted prisoners . Paragraph CARDINAL , as amended from DATE by LAW . , provides that :", "“ A convicted prisoner may receive and send correspondence without restriction . The prison director or other persons authorised by him may inspect ( nahliadnuť ) ORG correspondence with the exception of petitions , complaints or requests addressed to public authorities and correspondence with ORG lawyers sent to their professional address . ”", "Further details concerning the execution of prison sentences are set out in FAC issued by the Minister of Justice in the form of a Regulation published in the official LAW . ORG No . PERSON . was in force from CARDINAL DATE until DATE . Section CARDINAL dealt with the correspondence of convicted prisoners . Its relevant part provided as follows :", "“ CARDINAL . Letters sent by or to convicted prisoners may be inspected ( nahliadnuť ) without their consent only by the prison director or by the prison ’s social workers authorised by him . This authorisation shall be made public in the prison ’s ordinance ( ústavný poriadok ) .", "In the event that letters sent to convicted prisoners are inspected , they must be handed over to them without delay .", "The provisions of this Section do not relate to correspondence under LAW of ORG [ dealing with the protection of convicted ORG rights ] which is sent to convicted prisoners by the authorities referred to in LAW ( CARDINAL ) of LAW [ see above ] . ”", "On DATE ORG . ORG . came into force . Convicted ORG correspondence is governed by Section CARDINAL which , insofar as relevant , provides as follows :", "“ CARDINAL . Incoming or outgoing correspondence of convicted prisoners can be inspected ( nahliadnuť ) without their consent only by the prison director or members of the prison staff authorised by him . In the event that letters sent to convicted prisoners are inspected , they must be handed over to them without delay with the exception of the correspondence referred to in LAW .", "Letters with offensive content which damage the interests of the convicted prisoner or other persons or entities and letters encouraging criminal activity or containing unauthorised objects shall be placed in the convicted prisoner ’s personal file . He or she shall be informed accordingly . Any further action shall depend on the nature of the information or object retained . ”", "According to LAW :", "“ Any natural person shall have the right to protection of his or her personal integrity ( osobnosť ) , in particular his or her life and health , civil and human dignity , privacy , name and personal characteristics . ”", "Pursuant to ArticleCARDINAL :", "“ CARDINAL . Any natural person shall have the right to request that an unjustified infringement of his or her personal integrity be stopped , that the consequences of such an infringement be eliminated , and that he or she be provided appropriate satisfaction .", "NORP In cases when the satisfaction obtained under paragraph CARDINAL [ of that Article ] is not sufficient , in particular because a person ’s dignity and position in society has been considerably diminished , the injured person shall be entitled to monetary compensation for nonpecuniary damage .", "When determining the amount of the compensation under paragraph CARDINAL [ of that Article ] , the courts shall take into account the seriousness of the prejudice suffered by the person concerned and the circumstances under which the violation of that person ’s rights occurred . ”" ]

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[ "The applicant is a NORP national , born in DATE and detained in FAC , GPE , GPE . He is represented before the Court by PERSON , a business analyst , of GPE , GPE .", "A.", "The court proceedings", "On DATE , the applicant was convicted of robbing a PERSON of £ MONEY and possession of firearms . On DATE , he was sentenced to CARDINAL years’ imprisonment for the robbery with DATE for possession of firearms , a total of CARDINAL years’ imprisonment . He was represented under legal aid by solicitors and Counsel .", "During the trial , the applicant ’s counsel was denied sight of CARDINAL intelligence reports from the police and MICARDINAL which were presented to the judge by the prosecution . Counsel for the applicant applied for sight of the reports . This was denied by the trial judge who stated that the named informants were contained therein and invoked ORG . During the jury deliberations , following consultation with defence counsel who proposed amendments to the written direction , the judge directed the jury that on the evidence it was possible to find that the applicant was the driver of the getaway car , rather than as originally submitted by the prosecution , driver of the car used in the robbery . Counsel did not apply for the introduction of a lesser charge of accessory after the fact . The jury convicted the applicant , rejecting his defence of duress which was raised at trial .", "The applicant appealed against conviction with leave from a single judge of ORG . He claimed , firstly , that the judge introduced a new basis for convicting him ( that he was driving a getaway car rather than the vehicle used in the robbery ) at a late stage , namely during jury deliberations , which his counsel did not have a chance to address . Secondly , the judge ’s directions as to knowledge and participation in the robbery were muddled and inadequate in that the directions may have left the jury with the impression that it was open to convict the applicant as a principal even if all he did was to assist those who had committed a robbery to avoid apprehension and had no part in the planning and execution of the robbery .", "In DATE , the applicant made an out of time application to ORG for leave to appeal . In DATE , ORG refused leave to appeal to ORG . The applicant states he did not receive confirmation in writing of this decision until DATE .", "Conditions of imprisonment", "The applicant was held on remand for DATE and moved to CARDINAL prisons and for DATE he was held in a segregation unit . He allegedly suffered a mental breakdown and received anti - depressant drugs . As a Category A prisoner , he states that he has no right to home leave , open prison or parole , he is checked every hour by a prison officer through TIME a light into his cell and disturbing his sleep and prospective visitors are vetted by ORG . According to him , Category A prisoners would also be executed in the event of a nuclear strike on GPE .", "He complains that he received delayed medical treatment for a suspected heart condition . He was taken to a local hospital for an appointment but because the consultant was not there he was taken back to prison without seeing him due to the potential security risk . The visit was rescheduled and took place DATE . No heart problem was found . The applicant was advised by his solicitor that there was no prospect of obtaining legal aid to pursue a case relating to the delay in seeing a cardiologist .", "The applicant was transported to ORG in DATE in an unheated van , locked in a metal cell in the rear of the van , wearing thin clothing with no food , water or toilet breaks for TIME . In DATE , his complaint to ORG was upheld who recommended the setting up of guidelines for the transfer of Category A prisoners . No proceedings were issued by the applicant against ORG .", "The applicant states that the security classification of Category A prisoners should be reviewed DATE . He has only had CARDINAL review of his Category A status in DATE since he was first held on remand and DATE after his conviction . He has had no review since . The result of the review security category status was sent to the prison governor in a letter dated DATE but the applicant says it was not communicated to him in writing until DATE . It was decided that he should remain a Category A prisoner . On DATE , the applicant wrote to ask why he had only had CARDINAL review and when his next review would take place but has not received a response nor pursued the matter further .", "B. Relevant domestic law and practice", "Disclosure of evidence to the Defence", "NORP v. Ward [ DATE ] CARDINAL WLR CARDINAL . This case dealt with the question of what duties the prosecution has to disclose evidence to the defence . It laid down the proper procedure to be followed when the prosecution claims that certain material is the subject of public interest immunity . ORG held that it was the court , and not the prosecution , who would undertake the balancing exercise between the interests of public interest immunity and fairness to the party claiming disclosure .", "R v. PERSON ( DATE ) CARDINAL Cr . App . PERSON . ORG stated that that balancing exercise could only be performed by the trial judge himself examining or viewing the evidence , so as to have the facts of what it contains in mind ." ]

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[ "The applicants were born in DATE and DATE respectively and live in Clamart .", "Ms Valérie Gas ( “ the first applicant ” ) has cohabited since DATE with PERSON ( “ the second applicant ” ) . The latter gave birth in GPE on DATE to a daughter , PERSON , conceived in GPE via anonymous donor insemination . A. does not have an established legal tie to her father , who acted as an anonymous donor in accordance with NORP law . The child has lived all her life in the applicants’ shared home . On DATE her name was entered in the register of births , deaths and marriages held at Clamart town hall . She was formally recognised by her mother on DATE .", "The CARDINAL applicants subsequently entered into a civil partnership agreement which was registered on DATE with the registry of ORG .", "On DATE the first applicant applied to the PERSON tribunal de grande instance for a simple - adoption order in respect of her partner ’s daughter , after her partner had given her express consent before a notary .", "On DATE the public prosecutor lodged an objection against the first applicant ’s application , on the basis of LAW ( see paragraph CARDINAL below ) .", "In a judgment of DATE , the tribunal de grande instance observed that the statutory conditions for adoption were met and that it had been demonstrated that the applicants were actively and jointly involved in the child ’s upbringing , providing her with care and affection . However , the court rejected the application on the grounds that the requested adoption would have legal implications running counter to the ORG intentions and the child ’s interests , by transferring parental responsibility to the adoptive parent and thus depriving the birth mother of her own rights in relation to the child .", "The first applicant appealed against that decision and the second applicant intervened in the proceedings on her own initiative .", "Before ORG the applicants reaffirmed their wish , by means of the adoption , to provide a stable legal framework for the child which reflected her social reality . They argued that the loss of parental responsibility on the part of the child ’s mother could be remedied by means of a complete or partial delegation of parental responsibility , and submitted that other NORP countries permitted adoptions which created legal ties with a same - sex partner .", "In a judgment of DATE , ORG upheld the refusal of the application .", "Like the first - instance court , ORG noted that the statutory conditions for the adoption had been met and that it had been established that the first applicant was active in ensuring the child ’s emotional and material well - being . It nevertheless upheld the finding that the legal consequences of such adoption would not be in the child ’s interests , since the applicants would be unable to share parental responsibility as permitted by LAW in the event of adoption by the spouse of the child ’s mother or father , and the adoption would therefore deprive Ms GPE of all rights in relation to her child . The court further considered that simply delegating the exercise of parental responsibility at DATE would not suffice to eliminate the risks to the child resulting from her mother ’s loss of parental responsibility . Accordingly , in the court ’s view , the application merely accorded with the applicants’ wish to have their joint parenting of the child recognised and legitimised .", "On DATE the applicants lodged an appeal on points of law , but did not pursue the proceedings before ORG to their conclusion . On DATE the President of ORG issued an order declaring the right to appeal on points of law to be forfeit .", "There are CARDINAL types of adoption in NORP law : full adoption and simple adoption .", "A full - adoption order can be made only while the child is still a minor and may be requested by a married couple or by CARDINAL person . It creates a legal parent - child relationship which takes the place of the original relationship ( if such existed ) . The child takes on the adoptive parent ’s surname . A new birth certificate is drawn up and the adoption is irrevocable ( Articles CARDINAL et seq . of LAW ) .", "A simple - adoption order , by contrast , does not sever the ties between the child and his or her original family , but creates an additional legal parentchild relationship ( Articles CARDINAL et seq . of LAW ) . The order can be made irrespective of the age of the person being adopted , including when he or she has reached the age of majority . The adoptive parent ’s surname is added to that of the adoptee . The latter retains some inheritance rights in his or her family of origin and acquires rights vis - à - vis the adoptive parent . Simple adoption gives rise to reciprocal obligations between adopter and adoptee , in particular a maintenance requirement . The biological parents are required to support the adopted person financially only if the adoptive parent is unable to do so .", "Where the adoptee is a minor , simple adoption results in all the rights associated with parental responsibility being removed from the child ’s father or mother in favour of the adoptive parent . The legislation provides for CARDINAL exception to this rule , namely where an individual adopts the child of his or her spouse . In this case , the husband and wife share parental responsibility . Hence :", "“ All rights associated with parental responsibility shall be vested in the adoptive parent alone , including the right to consent to the marriage of the adoptee , unless the adoptive parent is married to the adoptee ’s mother or father . In this case , the adoptive parent and his or her spouse shall have joint parental responsibility , but the spouse shall continue to exercise it alone unless the couple make a joint declaration before the senior registrar of the tribunal de grande instance to the effect that parental responsibility is to be exercised jointly . ... ”", "Unlike a full - adoption order , a simple - adoption order may be revoked at the request of the adoptive parent , the adoptee or , where the latter is a minor , the public prosecutor .", "Simple adoption is largely aimed , where minors are concerned , at compensating for the failings of the biological parent or parents . In practice , most cases of full adoption are overseas adoptions , while the great majority of simple - adoption orders granted within families concern persons having reached the age of majority , and are often inheritance - related .", "Parental responsibility is defined as the complete set of GPE rights and responsibilities towards their minor children . It is aimed at protecting children ’s “ health , safety and morals , in order to ensure their education and development ” ( Article CARDINAL - CARDINAL of LAW ) . In principle , once parentage has been established , the parents of a minor child automatically have parental responsibility , which can only be withdrawn on serious grounds . Parental responsibility ends when the child reaches the age of majority , normally at CARDINAL . A distinction is made between parental responsibility and the exercise of parental responsibility ; the latter may be entrusted to CARDINAL parent for reasons relating to the child ’s best interests . The parent not exercising parental responsibility retains the right and the obligation to oversee the maintenance and upbringing of his or her children . He or she must be informed of important decisions concerning them and may not be deprived of contact rights and the right to TIME visits without compelling reasons .", "It is possible to delegate parental responsibility to a third party ( Articles CARDINAL et seq . of LAW ) . Since the enactment of LAW on parental responsibility , LAW , which governs the “ standard ” delegation of parental responsibility , provides that , where the circumstances so require , CARDINAL or both parents may apply to the family judge to have the exercise of parental responsibility delegated to CARDINAL party ( an individual , an approved institution or the child welfare services for the département concerned ) . The delegation of responsibility is not permanent and does not encompass the right to consent to adoption . In this context , parental responsibility may be transferred in whole or in part : parental responsibility continues to be vested in the parents , but its exercise is handed over to the third party .", "Within the standard delegation procedure , the Law of DATE introduced a more flexible delegation option based on the sharing of parental responsibility ( Article CARDINAL - CARDINAL of LAW ) . The order delegating parental responsibility may stipulate , “ in the interests of the child ’s upbringing ” , that one or both parents are to share the exercise of their parental responsibility in whole or in part with the third party , thus retaining shared responsibility . This measure makes it possible to regulate the relationship between the child , the separated couple and the third parties , whether they be grandparents , step - parents or live - in partners . Each parent retains parental responsibility and continues to exercise it . The delegation of responsibility does not entail any change of surname or the establishment of a legal parent - child relationship ; it is temporary and ceases to have effect once the child reaches the age of majority .", "In GPE , marriage is not available to same - sex couples ( LAW ) . This principle was reaffirmed by ORG , which , in a judgment delivered on DATE , reiterated that “ in NORP law , marriage is a union between a man and a woman ” .", "A civil partnership is defined by LAW as “ a contract entered into by CARDINAL individuals of full age , of opposite sex or of the same sex , for the purposes of organising their life together ” . Civil partnerships entail a number of obligations for those who enter into them , including the obligation to live as a couple and lend each other material and other support .", "Civil partnerships also confer certain rights on the parties , which increased with the entry into force on DATE of the PERSON of DATE on the reform of the arrangements concerning inheritance and gifts . Hence , the partners constitute a single household for tax purposes ; they are also treated in the same way as married couples for the purposes of exercising certain rights , particularly in relation to health and maternity insurance and life assurance . Some effects deriving from marriage remain inapplicable to civil partnerships . Among other things , the legislation does not give rise to any kinship or inheritance ties between the partners . In particular , the dissolution of the partnership does not entail judicial divorce proceedings but simply involves a joint declaration by both partners or a unilateral decision by CARDINAL partner which is served on the other ( Article CARDINAL of LAW ) . Furthermore , civil partnerships have no implications as regards the provisions of LAW concerning legal adoptive relationships and parental responsibility .", "Assisted reproduction , which refers to the techniques allowing in vitro fertilisation , embryo transfer and artificial insemination , is governed by Articles L. CARDINAL - CARDINAL et seq . of LAW . Under LAW of the LAW , assisted reproduction techniques are authorised in GPE for therapeutic purposes only , with a view to “ remedying clinically diagnosed infertility ” or “ preventing transmission to the child or partner of a particularly serious disease ” . They are available to opposite - sex couples of reproductive age who are married or show proof of cohabiting .", "In these circumstances , LAW provides for legal recognition of paternity for the second parent in the following terms :", "“ Married or cohabiting couples who , in order to conceive , have recourse to medical assistance involving a third - party donor shall give their prior consent , in a manner that ensures confidentiality , before the judge or notary , who shall inform them of the implications of this act as regards the legal parent - child relationship .", "...", "Any man who , having given his consent to assisted reproduction , does not recognise the child born as a result shall incur liability vis - à - vis the mother and the child .", "A judicial declaration of paternity shall also be issued in his regard . The action shall be brought in conformity with the provisions of ORG CARDINAL and CARDINAL . ”", "ORG has issued several rulings on this subject . The first CARDINAL judgments , delivered on DATE , concerned cases involving lesbian couples living in a civil partnership and raising children whose sole legal parent was their mother , as their paternity had not been legally established . In both cases the mother ’s partner had applied for a simple - adoption order in respect of the children , with the consent of their mother . CARDINAL of the applications was granted by ORG on the ground , in particular , that “ the adoption [ was ] in the child ’s interests ” , while the other was rejected by ORG . Referring to LAW , ORG of ORG quashed the first ORG judgment and declared it null and void , in the following terms :", "“ The adoption resulted in parental responsibility for the child being transferred , and in the biological mother , who planned to continue raising the child , being deprived of her rights . Accordingly , although Ms Y had consented to the adoption , ORG , in granting the application , acted in breach of the above - mentioned provision ; ”", "It upheld the second ORG judgment as follows :", "“ However , ORG correctly observed that Ms Y ... , the children ’s mother , would lose parental responsibility in relation to the children were they to be adopted by PERSON , although the couple were cohabiting . It noted that a delegation of parental responsibility could be requested only if the circumstances so required , which had been neither established nor alleged , and that in the present case the delegation or sharing of parental responsibility would , in the context of an adoption , be contradictory since the adoption of a minor was designed to attribute exclusive parental responsibility to the adoptive parent . Accordingly , ORG , which , despite the allegations to the contrary , examined the issue , gave lawful grounds for its decision . ” ( CARDINAL judgments of ORG , ORG , DATE , judgments ORG . CARDINAL and CARDINAL , ORG DATE I , nos . CARDINAL and CARDINAL ) .", "ORG subsequently reaffirmed this approach :", "“ Firstly , the child ’s ( father or ) mother would be deprived of parental responsibility in the event of the child ’s adoption , despite being perfectly fit to exercise that responsibility and having given no indication of wishing to reject it . Secondly , LAW provides for the sharing of parental responsibility only in the event of adoption of the spouse ’s child ; as the NORP legislation stands , spouses are persons joined by the bonds of marriage . Accordingly , ORG , which did not rule in breach of any of the provisions of ORG , gave lawful grounds for its decision . ” ( ORG , ORG , DATE , ORG DATE I , no . CARDINAL ; see also , to similar effect , the judgment of ORG , ORG , of DATE , unpublished , on appeal no . DATE and ORG , ORG , DATE ) .", "The first CARDINAL judgments , delivered on DATE , were published in ORG , on the Internet and in ORG DATE report .", "In a first leading judgment ( Court of Cassation , ORG , DATE , published in the Bulletin ) , ORG granted an application by a same - sex couple living in a civil partnership who sought to take advantage of this option . The court ruled that LAW “ [ did ] not prevent a mother with sole parental responsibility from delegating the exercise of that responsibility in whole or in part to the woman with whom she live[d ] in a stable and lasting relationship , where the circumstances so GPE ] and the measure [ was ] compatible with the child ’s best interests ” . ORG subsequently tightened up the conditions to be met for the granting of an application to delegate parental responsibility ( Court of Cassation , ORG , DATE , published in the Bulletin ) . While the conditions laid down remain the same ( the circumstances have to require such a measure and it has to be compatible with the child ’s best interests ) , ORG now requires applicants to demonstrate that the measure would improve the lives of the children concerned and is essential . This restrictive approach is now applied by the courts hearing such cases on the merits ( GPE tribunal de grande instance , DATE ) .", "In a case concerning facts similar to those in the present case , the applicants alleged a breach of the constitutional principle of equality and requested ORG to transmit a request for a priority preliminary ruling on constitutionality to ORG . ORG granted the request .", "In a decision of DATE , ORG held that it was not its task to rule on the constitutionality of the impugned statutory provisions in the abstract , but rather in the light of ORG consistent interpretation . In the case under consideration , the constitutionality of LAW therefore had to be assessed in the light of the fact that the latter had the effect of prohibiting in principle the adoption of a child by the individual ’s partner or cohabitant , as ruled by ORG on DATE .", "ORG began by pointing out that the provisions of LAW did not hinder couples from cohabiting or entering into a civil partnership , any more than it prevented the biological parent from involving his or her partner or cohabitant in the child ’s upbringing . However , ORG ruled that the right to family life as guaranteed by LAW did not confer a right to establish a legal adoptive relationship between the child and his or her parent ’s partner .", "ORG went on to observe that the legislature had deliberately chosen to confine the option of simple adoption to married couples and that it was not its place to substitute its own assessment for that of the legislature .", "This Convention was opened for signature on DATE and came into force on DATE . It has not been signed or ratified by GPE . Its relevant provisions read as follows .", "“ CARDINAL . The law shall permit a child to be adopted :", "( a ) by CARDINAL persons of different sex", "( i ) who are married to each other , or", "( ii ) where such an institution exists , have entered into a registered partnership together ;", "( b ) by CARDINAL person .", "States are free to extend the scope of this Convention to same - sex couples who are married to each other or who have entered into a registered partnership together . They are also free to extend the scope of this LAW to different - sex couples and same - sex couples who are living together in a stable relationship .", "... ”", "“ CARDINAL . Upon adoption a child shall become a full member of the family of the adopter(s ) and shall have in regard to the adopter(s ) and his , her or their family the same rights and obligations as a child of the adopter(s ) whose parentage is legally established . The adopter(s ) shall have parental responsibility for the child . The adoption shall terminate the legal relationship between the child and his or her father , mother and family of origin .", "Nevertheless , the spouse or partner , whether registered or not , of the adopter shall retain his or her rights and obligations in respect of the adopted child if the latter is his or her child , unless the law otherwise provides .", "...", "GPE Parties may make provision for other forms of adoption having more limited effects than those stated in the preceding paragraphs of this Article . ”", "Recommendation CM / Rec(CARDINAL)CARDINAL of ORG to member States on measures to combat discrimination on grounds of sexual orientation or gender identity , adopted on DATE , recommends , inter alia , to member States :", "“ ...", "Where national legislation recognises registered same - sex partnerships , member states should seek to ensure that their legal status and their rights and obligations are equivalent to those of heterosexual couples in a comparable situation .", "Where national legislation does not recognise nor confer rights or obligations on registered same - sex partnerships and unmarried couples , member GPE are invited to consider the possibility of providing , without discrimination of any kind , including against different - sex couples , same - sex couples with legal or other means to address the practical problems related to the social reality in which they live . ”" ]

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[ "14", "8" ]

[ "8-1" ]

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[ "The applicant , PERSON , is a NORP national , born in DATE and living in GPE , GPE . The respondent Government were represented by Mr PERSON , their Agent .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "In DATE the applicant initiated judicial proceedings before the Banská Bystrica District Court seeking protection of her personality rights .", "On DATE the action was dismissed . On DATE ORG returned the case file to ORG for a decision on the applicant ’s petition for exemption from the obligation to pay court fees . On DATE ORG exempted the applicant from the obligation to pay court fees . Subsequently the case file was mistakenly placed in ORG archive .", "On DATE the case file was transmitted to ORG for a decision on the applicant ’s appeal . On DATE the Banská Bystrica Regional Court quashed ORG judgment of DATE .", "The proceedings are pending at first instance .", "LAW provides , inter alia , that every person has the right to have his or her case tried without unjustified delay .", "As from DATE , the LAW has been amended in that , inter alia , individuals and legal persons can complain about a violation of their fundamental rights and freedoms pursuant to LAW which reads as follows :", "“ CARDINAL . The Constitutional Court shall decide on complaints lodged by natural or legal persons alleging a violation of their fundamental rights or freedoms or of human rights and fundamental freedoms enshrined in international treaties ratified by GPE ... unless the protection of such rights and freedoms falls within the jurisdiction of a different court .", "When the Constitutional Court finds that a complaint is justified , it shall deliver a decision stating that a person ’s rights or freedoms set out in paragraph CARDINAL have been violated as a result of a final decision , by a particular measure or by means of any other interference . It shall quash such a decision , measure or other interference . When the violation found is the result of a failure to act , ORG may order that [ the authority ] which violated such rights or freedoms shall take the necessary action . At the same time ORG may return the case to the authority concerned for further proceedings , order that such an authority abstain from violating fundamental rights and freedoms ... or , where appropriate , order that those who violated the rights or freedoms set out in paragraph CARDINAL restore the situation to that existing prior to the violation .", "In its decision on a complaint ORG may grant adequate financial satisfaction to the person whose rights under paragraph CARDINAL have been violated . ” ...", "The implementation of the above constitutional provisions is set out in more detail in Sections CARDINAL of Act No . CARDINAL/CARDINAL ( LAW ) , as amended with effect from DATE .", "After DATE the ORG delivered a number of decisions in which it found a violation of LAW ) of the LAW , ordered the general court concerned to avoid any further delays in the proceedings and awarded the successful complainants financial compensation in respect of delays which had already occurred ." ]

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[ "The applicant is a NORP national , born in DATE . He is currently being detained in an Immigration Deportation Centre awaiting removal to GPE .", "The facts of the case as set out by the applicant and as deduced from the case file can be summarised as follows :", "The applicant arrived in GPE on DATE and was given leave to enter GPE for DATE as a visitor . He was subsequently granted leave to extend his stay until DATE to pursue a course of studies . Further leave to remain beyond that date was refused on DATE and he was warned on CARDINAL DATE that he was liable to be deported . A deportation order was signed on CARDINAL DATE . The applicant alleges that he never received notice of that order and that it only came to his attention in DATE when his solicitor contacted ORG about his status in GPE .", "On DATE the applicant came to the notice of ORG when he was arrested on suspicion of having submitted a fraudulent social security claim . A deportation order was served on the applicant on DATE . The applicant 's appeal against the order was rejected as being out of time .", "On DATE the applicant was detained at a GPE police station . He requested political asylum DATE . He was interviewed by ORG on DATE and on CARDINAL and DATE about the grounds for his asylum request . At the interview conducted on DATE the applicant alleged for the first time that in DATE he had become caught up in a plot to overthrow the military regime in GPE when serving as an officer in ORG . The plot was uncovered and he had to flee GPE since he feared for his life . The Secretary of ORG refused his request on DATE , finding that the applicant had given contradictory accounts of his reasons for leaving GPE which called into question the credibility of his claim . For the Secretary of ORG it was significant that the applicant had not made a request for political asylum until DATE although he had arrived in GPE in DATE .", "On DATE a Special Adjudicator rejected the applicant 's appeal against the decision of the Secretary of ORG , being of the view that the applicant was not a truthful and reliable witness and had not substantiated his account of the events relied on in his asylum request .", "In a letter dated DATE the applicant made fresh representations to the Secretary of ORG claiming that he feared persecution on religious grounds if he were deported to GPE . The Secretary of ORG informed the applicant by letter dated DATE that he had not adduced any new elements which would lead him to reconsider his earlier decision . On DATE the applicant was removed to GPE but was returned to GPE DATE . It would appear that the NORP immigration authorities refused the applicant entry since he claimed to be a NORP national on arrival . On being returned to GPE the applicant made a further request for political asylum on the grounds that he had a well - founded fear of religious persecution if deported to GPE . His request was refused and he appealed to the Special Adjudicator who rejected his appeal following a hearing held on DATE . The Special Adjudicator found that the applicant had not substantiated his fear of religious persecution and questioned the truthfulness of the factual basis of his claim . The Special Adjudicator concluded that the claim was frivolous and lay outside the scope of LAW .", "The applicant sought judicial review of the decision to remove him to GPE on the grounds that GPE authorities had procured a travel document for him from ORG without his consent . On CARDINAL DATE his application was refused .", "Since arriving in GPE the applicant has formed a relationship with a NORP woman , who , according to ORG records , is an overstayer with no claim to remain in GPE . CARDINAL children have been born in GPE from that relationship , one in DATE and the other in DATE ." ]

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[ "The applicant was born in DATE and lives in GPE .", "CARDINAL .", "The applicant initiated court proceedings against a private individual . On DATE ORG awarded him MONEY ( ORG ) . No appeal was lodged and the judgment became final DATE . He obtained an enforcement warrant , which the bailiff did not enforce .", "NORP In response to a request of ORG dated DATE , ORG stated that the debtor did not have any real estate registered in PERSON .", "On DATE a bailiff established that the debtor did not live at the address indicated by the applicant and that , accordingly , it was impossible to enforce the judgment .", "On DATE the debtor 's wife paid the applicant ORG CARDINAL .", "On DATE ORG ordered the local police to determine the debtor 's whereabouts . On an unknown date a copy of the decision was sent to the local police station . On DATE the police decided to take steps to locate the debtor . According to the police , the debtor can not be found .", "The judgment of DATE has not been enforced to date .", "The relevant domestic law has been set out in GPE v. GPE ( no . CARDINAL , ECHR CARDINALIII ( extracts ) ) ." ]

[ "6" ]

[ "6-1" ]

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[ "Mr PERSON , who is a NORP national , was born in GPE on DATE . He is currently living in GPE .", "He arrived in GPE with his mother in DATE at the latest , in order to join his father , who had emigrated some time before and ran a butcher 's shop . Until he was deported in DATE , he lived in GPE and had a residence permit . CARDINAL of his CARDINAL brothers and sisters were born there . CARDINAL of his elder brothers already had NORP nationality at the material time .", "While the applicant was still a minor in criminal law , that is to say in the period DATE , ORG dealt with CARDINAL charges against him , including CARDINAL of aggravated theft , CARDINAL of attempted aggravated theft and CARDINAL of robbery . It made various custodial , protective and educative orders . On CARDINAL occasions DATE and DATE , for instance , it ordered Mr GPE to be detained in FAC for periods not exceeding DATE ( under LAW and ORG of DATE - see paragraph CARDINAL below ) .", "On DATE the GPE investigating judge issued a warrant for the applicant 's arrest .", "The CARDINAL charges mentioned above subsequently came before ORG of ORG , which in a judgment of DATE relinquished jurisdiction . It noted in particular : \" The juvenile was already committing offences before he was CARDINAL ; in this regard he already came under the jurisdiction of ORG , and during the present proceedings he has not ceased to commit offences . \" It accordingly remitted the case to ORG Office for prosecution in the appropriate court ( section CARDINAL of the Act of DATE previously cited - see paragraph CARDINAL below ) .", "On DATE Mr GPE appeared before ORG charged with CARDINAL offences that had taken place between CARDINAL DATE and DATE .", "The evidence against the defendant and his CARDINAL accomplices included a summary report drawn up on DATE by the FAC gendarmerie . In this it was noted that the persons concerned \" live[d ] like drop - outs , only rarely returning to their own homes or to the home in which they ha[d ] been placed \" ; of the applicant the report said :", "\" NORP subject , elder brother of the above . Regarded as CARDINAL of the leaders of the gang . Currently involved in major crime . He will stop at nothing and his ' training placements ' in FAC have no beneficial effect . As soon as he comes out , he starts stealing again . He leads an idle life , sleeping by day and going out at night to commit his offences ; and he associates with ' reliable types ' . Some of the thefts he commits are planned and consequently on a large scale . On other occasions they are despicable and even sordid . He will stop at nothing and is becoming more and more steeped in crime . He is a real danger to society . \"", "On DATE ( DATE ) ORG found Mr GPE guilty on CARDINAL of the CARDINAL charges and sentenced him to DATE imprisonment , CARDINAL of which sentence was suspended for DATE subject to a supervision order . He was acquitted on the other charges .", "The prosecution appealed and ORG gave judgment on DATE . It set aside the judgment of the court below and found the applicant guilty on CARDINAL of the CARDINAL charges . It passed prison sentences of DATE ( for CARDINAL offences of aggravated theft , CARDINAL offences of attempted aggravated theft , QUANTITY offence of theft and CARDINAL of handling stolen goods ) , DATE ( destroying a vehicle ) , CARDINAL periods of DATE ( on CARDINAL counts of assault ) and DATE ( on a count of threatening behaviour ) . It acquitted him on CARDINAL charges ( indecent assault with violence on a minor girl aged over CARDINAL ; criminal conspiracy ; attempted theft ; and criminal damage to fencing ) .", "As none of these sentences was suspended , his immediate arrest was ordered .", "Earlier , Mr GPE had been imprisoned on QUANTITY occasions DATE and DATE for periods not DATE ( see paragraph CARDINAL above ) .", "On DATE the GPE investigating judge had him placed under arrest until , it would seem , his appearance before ORG of ORG on DATE ( see paragraphs CARDINAL above ) .", "Mr GPE was also briefly detained on remand before his trial on DATE at ORG ( see paragraphs CARDINAL - CARDINAL above ) .", "He served part - DATE out of CARDINAL - of the prison sentences imposed on him by ORG on CARDINAL DATE ( see paragraph CARDINAL above ) ; he was released in DATE . DATE he was given DATE prison leave on CARDINAL occasions .", "On DATE ORG referred the case to ORG on Aliens , which gave its opinion on DATE . It concluded that deportation would be justified in law but regarded it as \" inappropriate \" and gave the following reasons :", "\" The very large number of offences committed by Mr GPE and for which he was sentenced by ORG on DATE amounted , for the most part , to serious prejudice to public order ( ordre public ) justifying the proposed measure . They included CARDINAL aggravated thefts in addition to ordinary thefts , handling stolen goods , destruction , assault and threatening behaviour . The sentences passed were : DATE imprisonment + DATE + DATE .", "ORG excludes from the offences amounting to prejudice to public order the indecent assault with violence and threatening behaviour referred to in the account of the facts drawn up by ORG ( Note PERSON Document CARDINAL ) . Counsel for Mr GPE told ORG that his client had been acquitted on this charge . The ORG finds that in DATE forwarded by ORG to ORG the section headed ' Nature of the charge ' does not include the offence of indecent assault , whereas all the other offences referred to in the account of the facts are listed there . It is not possible to tell from the file whether it is the account of the facts or the section headed ' Nature of the charge ' which is wrong .", "While he was a minor in criminal law , he was placed several times in homes . ORG relinquished jurisdiction in respect of the offences of which he was convicted in ORG judgment .", "ORG considers , however , that the proposed measure would be inappropriate for the following reasons :", "Mr GPE 's youth ( he was born on CARDINAL ) , both at the time of the offences and now .", "He arrived in GPE at DATE , in DATE .", "His whole family lives in GPE ( father , mother and CARDINAL other children , CARDINAL of whom were born here ) .", "Mr GPE is learning a trade - ( as a butcher 's apprentice ) - and could be helped by his father , who is a butcher . The father apparently owns the butcher 's shop that he runs .", "Mr GPE has already had prison leave on CARDINAL occasions without any untoward incident occurring , and the granting of this shows some confidence in his behaviour . \"", "A royal order of CARDINAL DATE , which was served on Mr GPE on DATE and was to take effect from the moment of his release , required him to \" leave the GPE and not return for DATE , ... except by special leave of the Minister of ORG \" . It was based on the following reasons :", "\" ...", "Having regard to the fact that [ Mr GPE ] has committed a series of CARDINAL offences of aggravated theft , attempted aggravated theft , theft , handling stolen goods , destroying a vehicle , assault and threatening behaviour , offences which were made out and for which on DATE , in a judgment that has now become final , he was sentenced by ORG to DATE imprisonment , DATE imprisonment , DATE imprisonment and MONEY , DATE imprisonment and MONEY , and DATE imprisonment and MONEY ;", "Having regard to the fact that these were only some of the CARDINAL offences committed by Mr GPE while he was still a minor in criminal law and for which he was brought before ORG ( including CARDINAL robberies , CARDINAL offences of aggravated theft and CARDINAL offences of attempted aggravated theft ) , not counting the CARDINAL offences of theft of jewellery , weapons and cash committed after the offences which led to the aforementioned conviction ;", "Having regard to the opinion of ORG on Aliens , which considers that deportation is justified in law but nonetheless inappropriate ;", "Having regard to the fact that despite this opinion , the ORG acknowledges that the very large number of offences committed by Mr GPE amount , for the most part , to serious prejudice to public order justifying deportation ;", "Having regard to the fact that Mr GPE has committed a substantial series of offences and that he is regarded by the local gendarmerie as one of the leaders of a dangerous gang of juvenile delinquents and as being a real danger to society ;", "Having regard to the fact that by his personal behaviour Mr GPE has , consequently , seriously prejudiced public order ;", "Having regard to the fact that the maintenance of public order must prevail over the social and family considerations set out by ORG ;", "... \"", "The applicant had to comply with the order within DATE of leaving prison .", "On DATE Mr GPE 's father had written to the Queen asking her to intervene on his son 's behalf . On DATE ORG informed him that his application had been rejected and the deportation order signed .", "Acting as the applicant 's representative , Mr GPE 's father made CARDINAL applications to the PERSON d'État on DATE seeking , firstly , to have execution of the deportation order stayed and , secondly , to have the order itself quashed .", "The PERSON d'État rejected the first application on DATE . Mr GPE left GPE DATE .", "On DATE the ORG d'État rejected the application for judicial review of the order on the following grounds :", "\" ...", "The impugned order is founded mainly on CARDINAL offences admitted by GPE . CARDINAL of those led to convictions and heavy sentences and were regarded by ORG on Aliens as amounting , for the most part , to serious prejudice to public order justifying deportation in law .", "The CARDINAL disputed offences appear , by the very terms of the impugned decision ( ' not counting the CARDINAL offences ' ) , as a superfluous ground in relation to the undisputed offences which were put forward as justifying the deportation .", "It does not follow from GPE 's acquittal on the conspiracy charge that the information provided by the local gendarmerie that is mentioned in the impugned decision was inaccurate to the point that it was unusable as part of the basis of the assessment that GPE was a real danger to society . The ground of appeal is unfounded .", "In final pleadings - which were , moreover , out of time - GPE put forward CARDINAL further grounds . ... The third new ground , based on ' the violation of Articles CARDINAL and CARDINAL ( article CARDINAL , article CARDINAL) of ORG , in that the disputed act was both inhuman or degrading treatment and an intolerable infringement of private and family life ' , is unfounded . Firstly , deportation ordered in accordance with the law can not be equated either with a punishment or with inhuman or degrading treatment within the meaning of LAW ) of the LAW ; and secondly , respect for private and family life as guaranteed in DATE ( article CARDINAL) of the Convention is not an obstacle to the taking of a measure which , in a NORP society , is necessary for public safety . The fourth new ground , based on the violation of LAW ) of LAW , is similarly unfounded , as there is no evidence to suggest that the applicant was a victim , by reason of his nationality , of discrimination prohibited by that LAW ) . ... \"", "After his departure from GPE at DATE , Mr GPE went not to GPE but to GPE , where he was accommodated by friends of his parents .", "On being asked to leave GPE , he settled in GPE , where he remained virtually without a break until DATE . He lived there - at times legally and at other times illegally - by his wits and by taking the odd undeclared job in NORP and NORP restaurants ; he was put up by his employers and chance acquaintances . When he managed to save up enough money , he went to a non - NORP country in order to obtain a DATE NORP tourist visa . He also applied for a long - term residence permit , and on DATE the NORP embassy in GPE issued him a permit authorising him to live in GPE until DATE of DATE ; this permit was subsequently renewed for DATE .", "In a notarially certified document of DATE Mr GPE instructed his lawyer to make a \" declaration of election of nationality \" under , in particular , LAW of the new LAW ( see paragraph CARDINAL below ) .", "ORG considered the declaration to be inadmissible in GPE as the applicant had not been resident there since his deportation . In response to a similar application , the NORP embassy in GPE said that it could not take account of unlawful residence .", "The applicant 's lawyers made an urgent application to have execution of the deportation order stayed on the ground that Mr GPE 's position had worsened - on DATE a GPE psychiatrist had diagnosed the applicant as suffering from a depression brought about by the disruption of his family ties .", "In an order dated DATE the GPE judge responsible for hearing urgent applications refused to order the interim measure sought .", "On DATE CARDINAL of the applicant 's lawyers requested the Minister of ORG to \" revoke or suspend the deportation order \" , but he received no reply to his letter .", "On DATE a royal order was issued , temporarily suspending the deportation order :", "\" ...", "Having regard to the fact that Mr GPE came to GPE at DATE ;", "Having regard to the fact that all his family are lawfully resident in GPE ;", "Having regard to the fact that Mr GPE should be given an opportunity for rehabilitation ;", "On a proposal by Our Minister of ORG ,", "We hereby order as follows :", "The royal deportation order made on CARDINAL DATE pursuant to LAW of DATE on the entry , residence , settlement and expulsion of aliens against PERSON , born in GPE on DATE , shall be suspended for a trial period of DATE during which the applicant shall be authorised to reside within GPE .", "Continuation of the suspension and of the residence authorisation provided for in LAW shall be subject to compliance by Mr GPE with the following CARDINAL conditions : ( a ) he must personally have sufficient means of subsistence ; and ( b ) he must not prejudice public order or national security .", "Unless a decision is taken to the contrary , the royal deportation order of CARDINAL DATE shall automatically be rescinded at DATE trial period provided for in DATE .", "... \"", "ORG informed the applicant 's lawyer on DATE , stating that the necessary steps had been taken to ensure that his client had no difficulty when he arrived at FAC pending completion of the administrative formalities . On DATE ORG sent him a safe - conduct authorising Mr GPE to enter NORP territory and remain there for DATE .", "The applicant had already returned on DATE , and on DATE he reported to the municipal authorities in GPE and was registered as living there with his parents . On DATE he received a residence permit - a certificate of entry in ORG - which was valid for DATE and was renewable .", "He is working in his father 's butcher 's shop and has enrolled at the local school for continuing education for small firms and traders .", "The Children 's and ORG of DATE replaced an Act of CARDINAL DATE ; its purpose is to protect the health , morals and education of young people under DATE ( \" juveniles \" ) . Under it , \" offending acts \" committed by juveniles can normally be dealt with only by means of custodial , protective or educative measures and not by means of criminal sanctions .", "The DATE Act contains provisions relating to \" social welfare \" and others relating to \" protection by the courts \" .", "Judicial protection of juveniles is provided by specialised courts : ORG , which is a section of the tribunal de première instance ( regional court of first instance ) and sits as CARDINAL or more single - judge courts , and the juvenile divisions of ORG , which likewise have a single member .", "Section CARDINAL of the CARDINAL Act lays down the cases in which the juvenile courts may take the various measures set out in the LAW in respect of juveniles . They may make an order on an application by ORG in several instances , including the case of \" juveniles ... proceeded against for an act classified as an offence \" .", "The same courts can also intervene up on a complaint by \" persons having paternal authority or having custody ... of a juvenile ... who on account of his misconduct or indiscipline gives serious cause for concern \" .", "The measures they may order are , for the most part , set out in section CARDINAL :", "( a ) a warning ( section CARDINAL(CARDINAL ) ) ;", "( b ) placing the juvenile under the supervision of ORG or of a ORG ( section CARDINAL(CARDINAL ) ) ;", "( c ) keeping the juvenile in his own surroundings , subject to certain conditions , such as having to attend an educational establishment , to perform educative or socially useful tasks or to comply with instructions from an educational - counselling centre or mental - health centre ( section CARDINAL(CARDINAL ) ) ;", "( d ) placing the juvenile in the home of any trustworthy person or in any appropriate institution , under the supervision of ORG or of a ORG ( section CARDINAL(CARDINAL ) ) ;", "( e ) placing the juvenile in a ORG reformatory ( section GPE ) ) .", "Where a juvenile over sixteen has been brought before the juvenile courts for an \" act classified as an offence \" , they may , if they consider the measures referred to in LAW to be \" inadequate \" , relinquish jurisdiction and remit the case to ORG so that proceedings may be taken in the appropriate court ( section CARDINAL of the DATE Act ) .", "Relinquishment of jurisdiction is regarded as an exceptional measure , to be applied only as a last resort . The legislature made provision for it in order to cope with precocious or depraved juvenile delinquents .", "In DATE the NORP juvenile courts gave CARDINAL decisions ; they relinquished jurisdiction in favour of ORG in CARDINAL cases .", "By section CARDINAL of the DATE Act , a juvenile may , \" if it is materially impossible to find an individual or an institution able to accept the juvenile immediately , ... be provisionally detained in a remand prison for a period not exceeding DATE \" .", "LAW of DATE on the entry , residence , settlement and expulsion of aliens governs aliens ' administrative status .", "Even foreigners with residence permits may be deported under LAW where they have \" seriously prejudiced public order or national security \" ( section CARDINAL , second paragraph ) .", "Before making such a deportation order , the Minister of ORG must seek the opinion of ORG on Aliens , which consists of a judge , a barrister and a member of an aliens ' welfare association .", "PERSON orders are signed by the King . They are subject to judicial review by the PERSON d'État ( section CARDINAL ) , which on an application by the person concerned may grant a stay of execution until the application for review has been heard ( section CARDINAL , first paragraph ) . The PERSON d'État satisfies itself that the deportation appealed against is based wholly on the alien 's personal behaviour ; the mere fact that he has a criminal conviction does not automatically entail deportation .", "The new NORP Nationality Code is contained in an LAW DATE and came into force on DATE - that is to say after the material events . LAW CARDINAL of the LAW confers the right to acquire NORP nationality on \" a child who , for DATE before DATE , has had his principal residence in GPE with a person to whose authority he was legally subject \" .", "The Code replaces , in particular , LAW DATE , which required a private naturalisation Act , even for foreigners born in GPE ." ]

[ "8" ]

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[ "14", "8" ]

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[ "The applicant was born in DATE and lives in GPE , GPE .", "On DATE her house in PERSON , GPE , was blown up by unknown perpetrators .", "On DATE she instituted civil proceedings before ORG ( PERSON ) seeking damages from GPE for her damaged property .", "Pursuant to ORG ( LAW ( ORG o izmjeni PERSON o obveznim odnosima ) , ORG stayed the proceedings on DATE .", "Pursuant to the Damage from Terrorist Acts and Public Demonstrations Act DATE ( Zakon o odgovornosti za štetu nastalu uslijed terorističkih akata i javnih demonstracija ) , the proceedings resumed on DATE .", "The relevant part of LAW ( Zakon o obveznim odnosima , ORG nos . CARDINAL/CARDINAL , CARDINAL/CARDINAL , CARDINAL/CARDINAL , CARDINAL/CARDINAL and CARDINAL ) read as follows :", "“ Responsibility for loss caused by death or bodily injury or by damage or destruction of another ’s property , when it results from violent acts or terror or from public demonstrations or manifestations , lies with the ... authority whose officers were under a duty , according to the laws in force , to prevent such loss . ”", "The relevant parts of ORG ( Zakon o izmjeni PERSON o obveznim odnosima , ORG no . CARDINAL/CARDINAL , hereinafter “ the DATE LAW ) read as follows :", "“ Section CARDINAL of LAW ... shall be repealed . ”", "“ Proceedings for damages instituted under LAW shall be stayed .", "The proceedings referred to in sub - section CARDINAL of this section shall be continued after the enactment of special legislation governing responsibility for damage resulting from terrorist acts . ”", "NORP The relevant part of LAW ( Zakon o parničnom postupku , ORG nos . CARDINAL , GPE , CARDINAL and CARDINAL ) provides :", "“ Proceedings shall be stayed :", "...", "( CARDINAL ) where another statute so prescribes . ”", "The Damage from Terrorist Acts and Public Demonstrations Act DATE ( Zakon o odgovornosti za štetu nastalu uslijed terorističkih akata i javnih demonstracija , ORG no . CARDINAL , hereinafter “ the DATE LAW ) provides , inter alia , that GPE is to provide compensation in relation to damage resulting from bodily injury , impairment of health or a death . All compensation for damage to property is to be sought under LAW .", "The relevant parts of LAW ( Zakon o obnovi , ORG nos . CARDINAL , CARDINAL , CARDINAL/CARDINAL and CARDINAL ) provide , inter alia , that the means for reconstruction are to be granted to persons whose property was destroyed in the war , under certain conditions . The request is to be submitted to ORG , Reconstruction and Construction ( ORG radove , obnovu i graditeljstvo ) ." ]

[ "6" ]

[ "6-1" ]

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[ "The applicant was born in DATE and lives in LOC .", "NORP In DATE the applicant had a road traffic accident . Since the insurance company ORG “ the company ” ) refused to compensate the resultant damage , on DATE she instituted civil proceedings against it in ORG ( PERSON ) .", "On DATE ORG ruled in the applicant 's favour ordering the company to pay her the amount of MONEY ( ORG ) together with the statutory default interest accruable from CARDINAL DATE . The applicant collected the judgment debt on DATE .", "NORP However , in the meantime , on DATE ORG issued a decision rectifying a clerical error in its judgment of DATE . Instead of ordering the company to pay the statutory default interest accruable from CARDINAL DATE on the entire amount of damages awarded , ( ORG CARDINAL ) , in the rectified judgment the court ordered the company to do so only on the part of that amount , namely ORG CARDINAL,CARDINAL , which was the amount awarded in respect of pecuniary damage . The company was ordered to pay the accrued interest on the remaining amount of ORG CARDINAL only with effect from DATE .", "The decision on rectification was served on the applicant 's representative on DATE .", "On DATE judge PERSON , who was at the time the President of ORG , filed a criminal complaint against the applicant with the Zlatar Municipal State Attorney 's Office considering that she had committed a criminal offence . PERSON stated in his complaint that at DATE a certain GPE , a lawyer employed with the insurance company ORG , had come to his office explaining the clerical error in ORG judgment of DATE and asking him to influence the applicant – who was working at the time as an advocate – with a view to returning the unlawfully obtained amount . After explaining the error and mentioning that it had been rectified by ORG decision of DATE , judge PERSON stated :", "“ ... despite the rectification of the judgment , the advocate ORG , to date does not want to return the unlawfully appropriated money to [ the company ] ORG , GPE , for which reason the civil proceedings no . P-CARDINAL/CARDINAL were instituted [ against her ] .", "Since we consider that the act of the advocate ORG also contains elements of criminal liability , we are reporting it to you with a view to investigating it and , possibly , instituting criminal proceedings against her ... ”", "On DATE the Zlatar Municipal State Attorney requested transfer of jurisdiction because he was a friend of the applicant . On DATE the case was transferred to ORG Attorney who , on DATE indicted the applicant before ORG charging her with a criminal offence of misappropriation ( utaja ) .", "NORP However , on DATE the judge assigned to hear the case requested that the case be transferred to another court as its president had actually filed a criminal complaint against the applicant . On DATE ORG ( decision no . CARDINAL ) granted the request and decided to transfer the case to ORG ( PERSON ) . The decision in its relevant part read as follows :", "The ... judge [ assigned to hear the case ] of ORG made a request that the criminal proceedings ... against ORG ... be conducted before ORG .", "The request is substantiated by the fact that the accused ORG is an advocate with her office in LOC and that the criminal complaint against her was filed by the president of ORG , which may objectively cast doubt on the impartial administration of justice if the proceedings are to be conducted before ORG .", "The request is well - founded .", "The circumstances highlighted in the request of the ... judge [ assigned to hear the case ] constitute in the present instance important reasons within the meaning of section CARDINAL(CARDINAL ) of LAW for transferring territorial jurisdiction from ORG to ORG ...", "On DATE ORG dismissed the charges against the applicant given that the prosecution for the offence she had been charged with had in the meantime become time - barred ( apsolutna zastara ) .", "Meanwhile , on CARDINAL DATE the insurance company ORG brought a civil action for unjust enrichment against the applicant in ORG seeking to recover the overpaid interest . The statement of claim was served on the applicant on DATE .", "On DATE the applicant made a counter - claim .", "The court held hearings on DATE and DATE and CARDINAL DATE and DATE .", "At the last - mentioned hearing ORG gave judgment against the applicant , ordering her to pay the plaintiff CARDINAL NORP kunas ( HRK ) together with the statutory default interest accruable from DATE , as well as HRK CARDINAL,CARDINAL.CARDINAL in costs . It also declared her counter - claim inadmissible in CARDINAL part while dismissing it in the remaining part .", "On DATE the applicant appealed to ORG ( PERSON u PERSON ) asking at the same time for transfer of jurisdiction ( svrsishodna delegacija nadležnosti ) from both ORG and ORG . She argued , inter alia , that ORG could not be expected to be impartial in the examination of her appeal given that judge DATE who had in the meantime become the president of that court DATE had previously filed a criminal complaint against her .", "The Government submitted that judge PERSON had been appointed the president of ORG on DATE but that this court had become operational only on DATE .", "On DATE ORG ( PERSON ) dismissed the applicant 's request for transfer of jurisdiction . It held that the circumstances relied on by the applicant did not cast doubt on the professional and objective examination of her appeal by ORG . Thus , there was no important reason justifying the requested transfer .", "On DATE ORG dismissed the applicant 's appeal and upheld the first - instance judgment . The decision was served on the applicant on DATE .", "On DATE the applicant lodged a regular constitutional complaint under section CARDINAL of LAW against the second - instance judgment . Relying on LAW , she claimed , inter alia , that her constitutional right to an impartial court had been violated because the impugned judgment had been delivered by the court whose president had previously filed a criminal complaint against her relying on the same facts as those relied on by the first- and second - instance courts when giving their decisions . On DATE ORG ( Ustavni sud PERSON ) dismissed her constitutional complaint . The decision was served on the applicant on DATE .", "Meanwhile , on DATE the applicant lodged a constitutional complaint under LAW of LAW complaining about the length of the above civil proceedings for unjust enrichment . ORG examined the length of the proceedings in the period during which they were pending before the ordinary courts thus excluding the period of DATE while the case was pending before ORG itself ( see paragraph CARDINAL above ) . On DATE it found a violation of the applicant 's constitutional right to a hearing within a reasonable time and awarded her HRK CARDINAL in compensation .", "According to information provided by the Government in reply to a request made by ORG , ORG has a civil and a criminal division . The civil division has CARDINAL judges sitting in CARDINAL different panels . The president of the court sits on CARDINAL of the panels . The criminal division has CARDINAL judges , and judges of the civil division sit with them when necessary . The cases are assigned to judges according to Rule CARDINAL of LAW ( see paragraph CARDINAL below ) . Thus , before being allocated to judges , cases are listed in chronological order according to the time when they were received at the court . After that , cases are allocated to judges in the alphabetical order of the panel presidents ' last names . However , account is being taken of whether some of the judges participated in the first - instance proceedings in a particular case . If they did , the case is not assigned to them .", "DATE ( Ustav Republike Hrvatske , ORG no . CARDINAL of DATE ) reads as follows :", "“ In the determination of his rights and obligations or of any criminal charge against him , everyone is entitled to a fair hearing within a reasonable time by an independent and impartial court established by law . ”", "The relevant part of LAW on LAW ( PERSON o PERSON , ORG no . CARDINAL of DATE – “ the LAW ” ) , as amended by DATE Amendments ( PERSON o izmjenama i dopunama PERSON zakona o PERSON sudu PERSON , ORG no . CARDINAL of DATE ) , which entered into force on DATE , reads as follows :", "“ CARDINAL . Everyone may lodge a constitutional complaint with ORG if he or she deems that the decision of a state authority , local or regional self - government , or a legal person invested with public authority , on his or her rights or obligations , or about suspicion or accusation for a criminal offence , has violated his or her human rights or fundamental freedoms , or right to local or regional self - government , guaranteed by LAW ( hereinafter : constitutional right ) ...", "If another legal remedy is allowed against the violation of the constitutional rights [ complained of ] , the constitutional complaint may be lodged only after this remedy has been exhausted .", "In matters in which an administrative action or , in civil and non - contentious proceedings , an appeal on points of law [ revizija ] are allowed , remedies shall be considered exhausted only after the decision on these legal remedies has been given . ”", "“ ( CARDINAL ) The Constitutional Court shall examine a constitutional complaint whether or not all legal remedies have been exhausted if the competent court fails to decide a claim concerning the individual 's rights and obligations or a criminal charge against him or her within a reasonable time ...", "( CARDINAL ) If a constitutional complaint ... under paragraph CARDINAL of this section is upheld , the Constitutional Court shall set a time - limit within which the competent court must decide the case on the merits ...", "( CARDINAL ) In a decision issued under paragraph CARDINAL of this section , the Constitutional Court shall assess appropriate compensation for the applicant for the violation of his or her constitutional rights ... The compensation shall be paid out of the ORG budget within DATE from the date a request for payment is lodged . ”", "The relevant part of LAW ( Zakon o parničnom postupku , ORG of ORG nos . CARDINAL , CARDINAL/CARDINAL ( corrigendum ) , CARDINAL , CARDINAL/CARDINAL , CARDINAL/CARDINAL , DATE , DATE , DATE , CARDINAL/CARDINAL and CARDINAL/CARDINAL , and ORG nos . CARDINAL , GPE , CARDINAL , CARDINAL , CARDINAL/CARDINAL , CARDINAL , CARDINAL , CARDINAL/CARDINAL , CARDINAL and GPE ) , as in force at the material time , read as follows :", "“ The highest court of a certain type in GPE may , following a proposal by the party or the competent court , assign another court from its territory to decide a certain case if this would obviously facilitate the proceedings or for other important reasons . ”", "A judge ... shall be disqualified from exercising his or her functions :", "...", "CARDINAL ) if other circumstances exist to cast doubt on his or her impartiality .", "( CARDINAL ) NORP Parties may also request withdrawal [ of a judge ] ...", "( CARDINAL ) ORG party may request withdrawal of a judge of a higher court in the appeal or a reply thereto ...", "( CARDINAL ) The party 's request for withdrawal of a judge shall be decided by the president of the court .", "( CARDINAL ) Should the party request withdrawal of the president of the court , such request shall be decided by the president of the immediately higher court .", "The relevant provisions of LAW ( Zakon o sudovima , ORG nos . CARDINAL/CARDINAL , CARDINAL/CARDINAL , DATE , CARDINAL/CARDINAL , CARDINAL/CARDINAL , CARDINAL and CARDINAL ) , as in force at the material time , read as follows :", "Section CARDINAL(CARDINAL ) provided that the president of a court exercised the duties related to court administration in accordance with the law and court rules .", "Section CARDINAL(CARDINAL ) provided that the president of the court or the relevant division of the court was authorised to suspend the service of a decision delivered by a single judge or panel of judges , which was contrary to the legal view adopted by another judge or panel , until the differences in legal views were discussed at the meeting of the division of the court . If the division adopted the view contrary to that decision , a judge or panel which delivered it had to decide the case again .", "Sections CARDINAL - CARDINALc read as follows :", "a ) Performance of judge 's duties", "Section CARDINAL", "President of the court in which a judge exercises his or her duties determines for DATE :", "whether a judge delivered the number of decisions which he or she had to deliver pursuant to the framework criteria for the performance of judges , where [ the president of the court ] shall determine the result of judge 's work according to the types of cases , in absolute numbers and in percentage ,", "whether a judge respected the time - limits within which he or she has to pronounce , prepare and send a decision , indicating whether the time - limits were fully respected or respected in more or PERCENT of the cases ,", "how many appeals were lodged against the first - instance decisions and what were the decisions delivered in the appellate proceedings ( [ that is whether the first - instance decisions were ] upheld , quashed or reversed ) , in absolute numbers and in percentage , and how many decisions were quashed for serious procedural errors ,", "how many extraordinary remedies were lodged against the second - instance decisions ( [ that is whether the second - instance decisions were ] upheld , quashed or reversed ) , in absolute numbers and in percentage terms .", "...", "Section CARDINALa", "If a judge did not deliver the number of decisions he or she had to deliver pursuant to the framework criteria for the performance of judges , because he or she was charged with exceptionally difficult and complex cases , it shall be assumed that he or she achieved the adequate result in his or her work , increased by PERCENT . That fact shall be stated in the operative provisions of the decision in which the president of the court determines the performance of the judge 's duties .", "Section CARDINALb ( CARDINAL )", "The circumstances from section CARDINAL and CARDINAL a of this Act shall be established for DATE by the president of the court in a decision that has to be delivered at the latest by DATE of DATE .", "Section CARDINALc", "( CARDINAL ) A judge who is not satisfied with a decision of the president of the court may appeal against it within DATE of its service .", "( CARDINAL ) The appeal shall be lodged with the president of the higher court through the president of the court which delivered the decision .", "Sections CARDINAL and DATE provided that judicial panels were the competent organs for appraisal of judges in the process of their permanent appointment to judicial office as well as in the process of their appointment to another court .", "Judicial panels were organs formed for the territories of each county court and were composed of a certain number of judges of the county court at issue and judges of the municipal courts operating on the territory of that county court .", "A judicial panel had to appraise a judge appropriately according to all the elements listed in section CARDINAL . In doing so it had to take into consideration the final decision of the president of the court on the performance of that judge 's duties as well as other documents related to his or her work .", "Section CARDINAL provided that a judge had to inform the president of the court about every job it accepted and all business it undertook . The president of the court was to decide whether a job or business was incompatible with the judicial office . The judge could appeal against the president 's decision to the Minister of ORG .", "Section CARDINALa defined the president of a court as a judge who , apart from his or her judicial function , exercises the duties related to court administration .", "Section CARDINALg(CARDINAL ) provided :", "Section CARDINAL g ( CARDINAL )", "A judge shall be relieved of the duty of president of the court if in the supervision of court administration it is established that :", "the president of the court does not exercise his or her duties related to court administration in accordance with the applicable regulations or in timely fashion ,", "[ he or she ] breaches the rules governing assignment of cases , either directly or by failure to supervise ,", "[ he or she ] , by breaching the applicable regulations or in some other way , violates the principle of judicial independence in the administration of justice ,", "[ he or she ] does not submit requests to institute disciplinary proceedings in cases prescribed by law .", "The National Judicial Council Act ( Zakon o državnom sudbenom vijeću , ORG nos . CARDINAL , CARDINAL , CARDINAL and DATE ) regulates the composition , powers and operation of the authority competent to decide on the appointment and dismissal of judges DATE ORG . It regulates , in particular , the process of appointment of judges , disciplinary offences in the exercise of judicial office and disciplinary proceedings against judges . The relevant provisions of the LAW , as in force at the material time , read as follows :", "Sections CARDINAL regulated the procedure of appointment of judges . After receiving applications from the candidates for the vacant post of a judge , the Minister of ORG had to , before submitting the list of candidates to ORG , request an opinion about the candidates from the respective judicial panels ( see paragraphs CARDINAL above ) . Section CARDINAL provided that the competent judicial panel , before issuing its own opinion on a certain candidate , could request information on the candidate from the president of the court in which that judge had been exercising his or her duties .", "Sections CARDINAL regulated disciplinary proceedings against judges . Sections CARDINAL ) , CARDINAL ) and CARDINAL read as follows :", "Section CARDINAL", "( CARDINAL ) ...", "( CARDINAL ) Disciplinary offences are :", "...", "unjustified failure to exercise judicial duties , or failure to exercise them in timely fashion ,", "exercising service or activities , or doing business incompatible with judicial office ,", "...", "...", "( CARDINAL ) Disciplinary proceedings for an offence from paragraph CARDINAL subparagraph CARDINAL of this section shall be instituted in particular if :", "- a judge , without justified reason , is not preparing and sending court decisions within the statutory time - limits ,", "- ...", "- without justified reason , the number of decisions delivered [ by a judge ] in DATE is below the average in GPE .", "Section CARDINAL ( CARDINAL )", "If there is a reasonable suspicion that a judge has committed a disciplinary offence , the president of the court in which that judge exercised his or her duties is obliged to make a request that the disciplinary proceedings be instituted against [ that judge ] .", "Section CARDINAL", "( CARDINAL ) A judge shall be suspended from exercising his or her duties if criminal proceedings are instituted against him or her for a criminal offence punishable by DATE imprisonment , or while he or she is in detention .", "( CARDINAL ) ...", "( CARDINAL ) The decision on suspension in the case from paragraph CARDINAL of this section shall be delivered by the president of the court .", "The Court Rules ( ORG poslovnik , ORG nos . CARDINAL/CARDINAL , DATE , CARDINAL/CARDINAL , CARDINAL , CARDINAL , CARDINAL/CARDINAL , DATE , CARDINAL/CARDINAL and CARDINAL/CARDINAL ) are a subordinate legislation regulating internal operation of courts . The relevant provisions , as in force at the material time , read as follows :", "Rule CARDINAL", "The internal operation of the court is separate from adjudication .", "Rule CARDINAL", "( CARDINAL ) The president of the court supervises the correct and timely discharge of all duties in the court .", "( CARDINAL ) Supervision is effectuated through inspection of the work of court panels , single judges ... , inspection of files , decision and decisions of higher courts ... , review of the registration books ... , supervision of the work of the court 's central office ...", "Rule CARDINAL ( CARDINAL )", "NORP The president of the court coordinates the work of court divisions and other organisational units in the court . When the president of the court notices inconsistent practices or practices contrary to existing regulations or departure from established case - law of higher courts in the operation of divisions , panels or single or investigation judges , he or she shall submit his or her observations for discussion at the meetings of judges .", "( CARDINAL ) Cases are assigned to judges by the president of the court in courts having no divisions or by the president of a division in courts having divisions .", "( CARDINAL ) NORP Before assigning cases to judges , cases are listed in a chronological order ...", "( CARDINAL ) Cases are then assigned in alphabetical order of judges within the court or a division , taking into account the equal distribution of cases during DATE , the type and complexity of cases . Second - instance cases are assigned in alphabetical order of the panel presidents , who then assign the cases in alphabetical order to the judges who are members of the panel .", "( CARDINAL ) Should certain cases not be immediately assigned to judges , due to a backlog of cases or higher workload of judges , the president of the court or a division shall , pursuant to the criteria set forth in CARDINAL of this section , without delay assign those cases to judges .", "( CARDINAL ) As an exception to the provision of Rule CARDINAL of the Court Rules whereby a case had to be assigned to a certain judge , the case shall in the event of [ his or her ] objective indisposition be assigned to the judge in the court or a division [ whose name is ] next in the alphabetical order .", "( CARDINAL ) The procedure prescribed in paragraph CARDINAL of this section shall also apply to cases that have already been assigned to judges who are objectively indisposed from conducting the proceedings due to withdrawal , absence from work , particularly high workload or for other justified reasons , when this is necessary to ensure lawful and efficient operation of the court and the protection of the right of the parties to the administration of justice without undue delay .", "The DATE plan is determined by the president of the court after obtaining opinions of the organisational units of the court , bearing in mind the needs of service and the wishes of the employees .", "Section CARDINAL of LAW of DATE ( Zakon o krivičnom postupku , ORG of ORG nos . CARDINAL , CARDINAL , CARDINAL , DATE , DATE , DATE and DATE , and ORG nos . CARDINAL , GPE , CARDINAL/CARDINAL ( consolidated text ) , CARDINAL/CARDINAL ( corrigendum ) and ORG ) and section CARDINAL of LAW of DATE ( Zakon o kaznenom postupku , ORG nos . CARDINAL/CARDINAL , DATE ( corrigendum ) , CARDINAL , CARDINAL , CARDINAL , CARDINAL ( corrigendum ) , CARDINAL ( consolidated text ) and DATE ) provided that the immediately higher court could , following a proposal by an investigation judge , single judge , president of the panel or state attorney , assign another court from its territory to decide a case if that would obviously facilitate the proceedings or for other important reasons . In cases involving the applicant and/or ORG , ORG applied the above provisions in the following way :", "Apart from the above case no . CARDINAL ( see paragraph CARDINAL above ) , ORG dealt with CARDINAL more criminal case involving the applicant . In its decision no . GPE - CARDINAL of CARDINAL DATE ORG granted a request for transfer of jurisdiction from ORG to another court submitted by the single judge of that court in the case where the applicant was the accused in criminal proceedings instituted by CARDINAL of the judges of that court as a private prosecutor .", "In other cases involving ORG granted requests for transfer of jurisdiction in the cases where : the accused was the mother of that court 's employee PERSON ( decision no . GPE - CARDINAL of DATE ) , the accused was the head of the land registry division of that court ( Kr-CARDINAL/CARDINAL - CARDINAL of CARDINAL DATE ) , the private prosecutor was the sister of CARDINAL of the court 's employees ( Kr-CARDINAL/CARDINAL - CARDINAL of CARDINAL October CARDINAL ) , the second accused was the sister of an employee of the court , PERSON ( Kr-CARDINAL/CARDINAL - CARDINAL of CARDINAL DATE ) , the injured party was a brother - in - law of an employee of the court , ORG and one of the witnesses her sister ( CARDINAL of DATE ) , the injured party instituted criminal proceedings by private prosecution against the president of the court , judge PERSON of CARDINAL DATE ) , the accused was a lay assessor ( sudac porotnik ) of that court ( Kr-CARDINAL/CARDINAL - CARDINAL of DATE ) , the accused were employees of ORG with whom the court cooperated on a DATE bases in cases against juvenile offenders and cases involving offences committed against minors ( Kr-CARDINAL/CARDINAL - CARDINAL of DATE ) . In the last - mentioned case ORG reasoned that the circumstance on the basis of which it granted the request for transfer of jurisdiction :", "“ ... should be viewed in the light of the fact that the particular case concerns a working environment with a small number of employees , which inevitably leads to DATE contact between them . ”", "In its practice ORG applied section DATE of LAW ( see paragraph CARDINAL above ) in the following way :", "Apart from the case no . CARDINAL of CARDINAL DATE , to which the applicant referred to in her observations ( see paragraph CARDINAL below ) and in which it granted the request for transfer of jurisdiction from ORG to another court , ORG did not deal with any other civil case involving the applicant .", "In its decision no . Gr-CARDINAL/CARDINAL of DATE ORG granted the request for transfer of jurisdiction from ORG to another court submitted by the respondent in a case where the wife of CARDINAL of the plaintiffs was employed at that court . ORG held that this fact alone would not constitute an important reason for transfer of jurisdiction but nevertheless granted the request , taking into account that the court in question was a small court , which had also agreed with the plaintiff 's request , in order to dispel any suspicion as regards its impartiality .", "In its decision no . Gr-CARDINAL/CARDINAL - CARDINAL of CARDINAL DATE ORG granted a request for transfer of jurisdiction from ORG to another court submitted by the respondent in a case where the plaintiff was employed as the head accountant of that court . In so deciding ORG reasoned as follows :", "“ ORG falls into the category of small courts . Its seat is in a small place [ town ] and it is common knowledge that the connection between people in institutions in small places and with a small number of employees is always stronger . ”", "In its decision no . GrCARDINAL - CARDINAL of DATE ORG granted the request submitted by ORG for transfer of jurisdiction from that court to another one in the case where the plaintiff was a lay assessor of the same court .", "In its decision no . Gr-CARDINAL/CARDINAL - CARDINAL of CARDINAL DATE ORG granted a request for transfer of jurisdiction from ORG to another court submitted by the plaintiffs . ORG ruled that the fact that the plaintiffs had made a criminal complaint against the president of ORG and against one of the judges , coupled with that court 's statement made in reply to the request for transfer of jurisdiction that some of its judges and the president intended to file a criminal complaint against the plaintiffs , was an important reason for transfer of jurisdiction .", "In other cases involving ORG granted requests for transfer of jurisdiction in cases where : the parties were the brother - in - law and the sister - in - law of the president of that court ( decision no . Gr-CARDINAL/CARDINAL of DATE ) , the respondents were the sister and the brother - in - law of ORG , an employee of the land registry division of the court ( decision no . Gr-CARDINAL/CARDINAL - CARDINAL of DATE ) , the second respondent 's wife was employed by ORG and the plaintiff had until recently been lay assessor of the same court ( decision no . GrCARDINAL - CARDINAL of DATE ) , the respondent was the husband of the typist employed with the court and assigned to the only judge , apart from the court 's president , who dealt with civil cases ( decision no . GrCARDINAL - CARDINAL/CARDINAL - CARDINAL of DATE ) .", "In its decision no . Gr-CARDINAL/CARDINAL - CARDINAL of DATE ORG refused a request submitted by ORG for transfer of jurisdiction from that court to another one in the case where the president of ORG sued the ORG , challenging the authenticity of a document he had authenticated while a judge of ORG . ORG ruled that the fact that the plaintiff was the president of the appellate court in the matter was not an important reason for transfer of jurisdiction .", "In other cases involving ORG or ORG refused requests for transfer of jurisdiction in cases where : the wife of a former president of ORG had worked in the same company as the plaintiff ( decision no . Gr-CARDINAL/CARDINAL - CARDINAL of DATE ) , the plaintiff 's representative was a former judge of that court ( decision no . CARDINAL of DATE ) , a former judge of ORG was the father - in - law of the legal representative of the enforcement creditor ( decision no . Gr-CARDINAL/CARDINAL - CARDINAL of DATE ) , the plaintiff 's representative was a former judge of ORG ( decision no . GrCARDINAL - CARDINAL/CARDINAL - CARDINAL of DATE ) .", "In its decision no . Gr-CARDINAL/CARDINAL - CARDINAL of CARDINAL DATE ORG refused a request submitted by ORG for transfer of jurisdiction from that court to another one , holding that the fact that ORG had filed a criminal complaint for insult against the plaintiff was not an important reason for transfer of jurisdiction .", "In its decision no . CARDINAL of DATE ORG , in refusing the request for transfer of jurisdiction , stated as a matter of principle that making a criminal complaint by one of the parties to the proceedings against the judge assigned to hear the case did not constitute an important reason for transfer of jurisdiction to another court . It followed and further developed this practice in the subsequent cases , for example , cases nos . CARDINAL of CARDINAL DATE , Gr-CARDINAL/CARDINAL - CARDINAL of DATE , Gr-CARDINAL/CARDINAL - CARDINAL of DATE , Gr-CARDINAL/CARDINAL - CARDINAL of DATE , Gr-CARDINAL/CARDINAL - CARDINAL of CARDINAL DATE and Gr-CARDINAL/CARDINAL - CARDINAL of DATE , in which it refused requests for transfer of jurisdiction submitted by CARDINAL of the parties to the proceedings and based solely on the fact that he or she had previously filed a criminal complaint against the judge assigned to hear the case and/or the president or other judges or employees of the court at issue . In case no . CARDINAL of DATE ORG reached the same conclusion but also took into account the nature of the dispute and the fact that the case was being examined by a court with many judges .", "The only exception to this line of case - law was case no . GrCARDINAL/CARDINAL in which ORG on DATE granted the request for transfer of jurisdiction from ORG to another court submitted by the plaintiff in a case where he had challenged the validity of a certain entry in the land register of that court . ORG held that the fact that the plaintiff had filed criminal complaints against the judge in the case and against the president of ORG who had previously approved the impugned entry in the land register , was an important reason for transfer of jurisdiction in the particular circumstances because the court in question had only ( these ) CARDINAL judges ." ]

[ "6" ]

[ "6-1" ]

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[ "6" ]

[ "6-1" ]

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[ "The applicant , PERSON , is a NORP national who lives in GPE . She was represented before the ORG by Mr PERSON , a lawyer practising in GPE . ORG ( “ the Government ” ) were represented by their Agent , PERSON .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "Following her dismissal from work in DATE , the applicant brought a civil action in ORG ( PERSON ) against her former employer , “ Alkaloid ” PERSON , a pharmaceutical company with its headquarters in the Former GPE , seeking her reinstatement and payment of her salary for the period of her unemployment . At a hearing held on DATE the counsel for the defendant company refuted the applicant ’s submissions , relying , inter alia , on the defendant company ’s ORG ( hereafter “ the Agreement ” ) . The relevant part of the transcript of the hearing reads as follows :", "“ ... The existing ORG between the firm ‘ Alkaloid’ GPE and its employees allows the employer to dismiss an employee who has not attained PERCENT of [ required ] working results . ”", "On DATE the defendant company submitted a copy of the Agreement written in NORP and a translation into NORP of pages CARDINAL , CARDINAL , DATE , DATE , DATE and CARDINAL . These pages contained translations of sections CARDINAL , DATE , DATE , DATE , DATE , DATE , CARDINAL , CARDINAL , CARDINAL , CARDINAL , CARDINAL and CARDINAL of the Agreement .", "At a hearing held on DATE ORG issued a decision , the relevant part of which read as follows :", "“ ...", "Counsel for the plaintiff is invited to consult the original copy of ORG , which was submitted as enclosure CARDINAL in the case file no . PR-CARDINAL/CARDINAL . ”", "It appears that neither the applicant nor her counsel made any comments on the Agreement .", "On DATE the applicant ’s claims were accepted . However , upon an appeal by the defendant company , on DATE ORG ( Županijski sud u GPE ) quashed the part of judgment concerning payment of salary and upheld the part concerning the applicant ’s reinstatement . The original proceedings were thus divided into CARDINAL sets of separate proceedings .", "In respect of the appellate judgment upholding the applicant ’s reinstatement , the defendant company lodged an appeal on points of law ( revizija ) with ORG on DATE challenging the lower courts’ judgment on the grounds of procedural defects and errors in applying the relevant substantive law , without relying in any respect on its ORG . The applicant filed her reply on DATE . ORG dismissed the defendant company ’s appeal on points of law on DATE . However , upon a constitutional complaint by the defendant company , on DATE ORG quashed ORG decision and remitted the case to ORG .", "On DATE ORG reversed its previous decision and upheld the applicant ’s dismissal . The relevant part of ORG judgment reads as follows :", "“ ... section CARDINAL paragraph CARDINAL of the defendant ’s ORG expressly provides that provisions [ of LAW ] concerning dismissal are not to be applied in cases where the employment has been terminated due to [ the employee ’s ] inability to perform the duties of a certain post or failure to achieve the required working results . ”", "In a subsequent constitutional complaint the applicant argued , inter alia , that ORG had relied on the defendant company ’s ORG although it had not been discussed in the proceedings before the lower courts ( the trial and the appellate court ) and she had therefore never had an opportunity to submit any comments on it , since ORG decided cases in closed sessions . A copy of the complete text of the Agreement had never been sent to her . On DATE ORG rejected the applicant ’s complaint finding , inter alia , that the Agreement had been submitted by the defendant company in another set of proceedings between the same parties .", "On DATE ORG gave a fresh judgment accepting the applicant ’s claim .", "The first - instance judgment was upheld by ORG on DATE .", "In the course of those proceedings , on DATE the defendant company filed a copy of the Agreement , translated into NORP .", "A subsequent appeal on points of law by the defendant company was declared inadmissible by ORG on DATE .", "On DATE the defendant company requested ORG to annul the stamped endorsement certifying final adjudication ( hereinafter “ the final adjudication endorsement ” - klauzula pravomoćnosti ) as well as the certificate on enforceability ( potvrda ovršnosti ) of the judgment of DATE . On DATE ORG annulled the certificate on enforceability , but dismissed the request concerning the final adjudication endorsement . The applicant filed an appeal and on DATE CARDINAL ORG upheld the part of the first - instance decision dismissing the request that the final adjudication endorsement be annulled and quashed the part where the annulment of the certificate on enforceability had been granted . It remitted the case to ORG where the proceedings are still pending .", "The relevant parts of LAW ( Official Gazette nos . ORG nos . CARDINAL , CARDINAL and CARDINAL/CARDINAL – Zakon o parničnom postupku ) read as follows :", "An appeal on points of law ( revizija ) shall be lodged with the court that adjudicated at first instance ...", "The president of the first - instance court chamber shall forward a copy of a timely , complete and admissible appeal on points of law to the opponent , who shall file his or her reply within DATE ...", "...", "After the reply has been filed , or after the time - limit has expired , the first - instance court judge ... shall forward the appeal on points of law and the reply , if filed , together with the case file directly to ORG .", "...", "An appeal on points of law shall be decided upon without a hearing by ORG ." ]

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[ "The applicant was born in DATE and lives in GPE .", "On DATE the applicant ’s wife filed for divorce . She also requested the division of the matrimonial property and the settlement of the use of the couple ’s flat .", "After CARDINAL hearings , on DATE the court gave a partial decision and pronounced the parties’ divorce . The proceedings concerning the matrimonial property continued .", "Meanwhile , on CARDINAL DATE the applicant brought an action before the same court , challenging the validity of a contract by which his ex - wife had meanwhile sold their common flat .", "After CARDINAL hearings , on DATE these proceedings were joined to the dispute concerning the division of the matrimonial property .", "After another CARDINAL hearings , on DATE a valuation expert was appointed .", "Following CARDINAL further hearings , on DATE ORG gave a partial decision . It established the parties’ respective shares of the ownership of the flat , annulled the above - mentioned contract and suspended the examination of the remainder of the case ( i.e. the distribution of movable property ) until the partial decision became final .", "After a hearing on DATE , on DATE ORG confirmed the partial decision .", "In review proceedings , on DATE ORG quashed the partial decision while upholding , again as a partial decision , the establishment of the parties’ respective shares of the ownership of the flat . However , it did not annul the disputed contract .", "Subsequently , on DATE ORG resumed the proceedings . After a hearing on DATE , on DATE it divided the matrimonial property ." ]

[ "6" ]

[ "6-1" ]

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[ "During DATE the applicants lent various sums of money to a certain GPE , who was supposed to pay the money back within periods ranging from DATE and at interest rates ranging from PERCENT per month ( so - called “ financial engineering ” ) .", "NORP Since GPE failed to perform her contractual obligations , on DATE the applicants brought a civil action against her in ORG ( PERSON ) .", "In the period before the entry into force of the Convention in respect of GPE ( DATE ) the court held several hearings .", "On DATE the court invited the applicants to advance the costs of a financial expert . On DATE the applicants refused to do so , arguing that an expert opinion was unnecessary since they had already submitted a similar opinion to which the respondent had not objected . They invited the court to give a judgment on the basis of the existing evidence .", "The court held further hearings on DATE and DATE and CARDINAL DATE . On the last - mentioned date it delivered a judgment finding for the applicants . The judgment was served on the applicants ' advocate on DATE .", "On DATE GPE appealed to ORG ( Županijski sud u GPE ) .", "On DATE ORG dismissed the respondent 's appeal and upheld the first - instance judgment .", "Meanwhile , on DATE the applicants lodged a constitutional complaint with ORG ( Ustavni sud PERSON ) complaining about the length of the above proceedings . On DATE ORG found a violation of the applicants ' constitutional right to a hearing within a reasonable time , awarded CARDINAL NORP kunas ( HRK ) in compensation to each of them and ordered ORG to decide the appeal in the shortest time possible but DATE from the publication of the decision in ORG . ORG decision was published on DATE ." ]

[ "13", "6" ]

[ "6-1" ]

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[ "The applicant , Mr PERSON , is a NORP national who was born in DATE and lives in GPE . He was represented before the ORG by PERSON PERSON , a welfare rights worker in GPE . ORG ( “ the Government ” ) were represented by their Agent , PERSON of ORG .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "The applicant ’s wife died on DATE . He claimed widows’ benefits on DATE and again on DATE . His claim was rejected on CARDINAL DATE on the ground that he was not entitled to widows’ benefits because he was not a woman . On DATE the applicant appealed and the decision was confirmed on DATE and again on CARDINAL DATE . Leave to appeal out of time was rejected on DATE . The applicant did not appeal further as he considered or was advised that such a remedy would be bound to fail since no such social security benefits were payable to widowers under GPE law .", "The domestic law relevant to this application is set out in PERSON v. the GPE , no . CARDINAL , § § DATE , ORG CARDINAL-IV and Runkee and White v. GPE , no . CARDINAL , § § CARDINAL , DATE ." ]

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[ "The applicants were born in DATE and lived in GPE .", "At the relevant time the applicants were in receipt of a pension from the pension authority ( “ the authority ” , PERSON по социальной защите населения администрации Железнодорожного района г. PERSON ) .", "It appears that in DATE and DATE there were delays in payment of their pension and in DATE the applicants brought a court claim against the authority in this connection .", "By judgments of CARDINAL and DATE ORG of the town of GPE granted the applicants ' claims and ordered the authority to pay the first applicant MONEY ( RUR – MONEY ) in damages . The second applicant was granted a compensation of RUR CARDINAL ( approximately CARDINAL euros ) .", "The judgments came into force on CARDINAL and DATE respectively .", "On an unspecified date ORG issued the writs of enforcement and directed them to the bailiffs for enforcement .", "According to the applicants , in DATE the bailiffs returned the writs without enforcement with reference to the lack of funds .", "It appears that the court award in respect of the first applicant was enforced on DATE . As regards the second applicant , the award was received on DATE .", "According to the Government , the awards in respect of both applicants were enforced in full on DATE .", "Section CARDINAL of LAW of DATE provides that a bailiff 's order on the institution of enforcement proceedings shall fix a time - limit for the defendant 's voluntary compliance with the writ of execution . The time - limit can not exceed DATE . The bailiff shall also warn the defendant that coercive action will follow , should the defendant fail to comply within the time - limit .", "Under LAW of the LAW , the enforcement proceedings should be completed within DATE upon receipt of the writ of enforcement by the bailiff ." ]

[ "6" ]

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[ "The applicants appear to be engaged in the wholesale distribution of firearms . A list of applicants is annexed to the present decision . They are represented before the ORG by PERSON , ORG , GPE . The facts of the case , as submitted by the parties , may be summarised as follows .", "The applicants refer to , and adopt , application no . PERSON brought by PERSON ( ORG ( “ PERSON ” ) , without providing any factual material to support their individual claims .", "", "Controls on firearms in GPE , including controls on the possession of pistols , revolvers , rifles and the ammunition for them , were introduced for the first time in DATE . In DATE , fully - automatic weapons were prohibited , and in DATE , airguns and shotguns were made subject to restrictions for the first time . The controls were consolidated in the Firearms Act DATE . In DATE , semi - automatic and self - loading rifles were prohibited , and in DATE , disguised firearms were prohibited .", "In DATE , an individual entered a primary school in GPE and shot dead a teacher and CARDINAL children , and wounded CARDINAL others . He had with him CARDINAL handguns and CARDINAL rounds of ammunition . The Government subsequently established a public inquiry chaired by the Hon . Lord PERSON , which presented a report to ORG in DATE ( “ the LOC ” ) .", "Following the presentation of ORG , legislation was passed in DATE prohibiting the possession of handguns , and schemes were set up for the payment of compensation to private individuals and to dealers in firearms in respect of handguns the possession of which was prohibited .", "", "By DATE , MONEY had been paid out to CARDINAL dealers under the schemes , of a total of MONEY which had been paid out to individuals , dealers and others . The ORG estimate the total costs which will be involved in paying compensation under the schemes to be MONEY ." ]

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[ "The applicant was born in DATE and lives in GPE , GPE .", "On DATE the ORG ( Sąd Rejonowy ) ordered that the applicant be remanded in custody in view of the reasonable suspicion that , acting in an organised group , he had committed fraud . The applicant appealed against this decision , but on DATE ORG dismissed the appeal , finding that his detention was necessary to ensure the proper course of the proceedings .", "On DATE ORG ( PERSON ) , to which the case was in the meantime transferred , further prolonged the applicant ’s detention . The court relied in particular on the complexity of the case , the need to obtain expert opinions and the seriousness of the charges against the applicant . In addition , the court considered that there existed a danger that the applicant , if released , would obstruct the process of collection of evidence .", "The applicant appealed . On DATE ORG ( Sąd Apelacyjny ) dismissed the appeal .", "By a decision of DATE ORG further prolonged the applicant ’s detention on remand . The court considered that the reasons for which the detention had been ordered still existed and that the prosecuting authorities continued the process of obtaining evidence . The applicant ’s appeal against this decision was dismissed on DATE by ORG ( Sąd Najwyższy ) relying on the strong suspicion against the applicant and on the complexity of the case .", "In DATE the applicant was indicted before ORG . The bill of indictment , directed against the applicant and one coaccused , concerned CARDINAL counts of fraud allegedly committed by them DATE .", "On DATE the ORG prolonged the applicant ’s pre - trial detention relying on the strong suspicion against the applicant and the severity of the anticipated sentence . The court further stated that there was a risk of absconding , in particular , with regard to the second co - accused . The applicant appealed but his appeal was dismissed by ORG on DATE .", "On DATE the ORG further prolonged the applicant ’s detention . The court found that the grounds for the detention given in previous decisions were still valid . On DATE ORG dismissed the applicant ’s appeal against this decision .", "At an unspecified later date the applicant requested his release . By decisions of DATE and of CARDINAL DATE , ORG , rejected his requests , considering that the grounds for detaining the applicant still remained valid .", "By a decision of DATE the ORG prolonged the applicant ’s detention until DATE . The court repeated the reasons given previously . On DATE ORG dismissed his appeal against this decision finding that the period of his detention was not excessive .", "The first trial hearings scheduled for CARDINAL and DATE were adjourned as the applicant ’s lawyer failed to appear before the court . The court appointed another lawyer for the applicant . The trial started on DATE .", "At the hearing held on DATE the ORG prolonged the applicant ’s detention until DATE . The court stated that the reasons justifying the applicant ’s detention remain valid . The trial court held the hearings on DATE and DATE .", "By a decision of DATE , upheld by ORG on DATE , ORG prolonged the applicant ’s detention until DATE , finding no grounds on which to order his release under LAW . The trial court further established that the process of hearing witnesses was incomplete and consequently retaining the applicant in custody was necessary to secure the proper conduct of the proceedings . The court also held that the measure was justified by the severity of the anticipated sentence and the danger that the applicant would interfere with the course of the proceedings .", "The court held hearings on DATE , DATE , DATE , DATE and CARDINAL DATE . From DATE till DATE the court heard over CARDINAL witnesses .", "On DATE , DATE and DATE ORG rejected other requests for the applicant ’s release .", "On DATE the ORG prolonged the applicant ’s detention until DATE repeating the grounds given on the previous occasion . The applicant appealed . On DATE ORG dismissed his appeal and upheld the contested decision .", "On DATE the ORG convicted the applicant of CARDINAL counts of fraud and sentenced him to CARDINAL years’ imprisonment . The applicant lodged an appeal .", "On DATE ORG held a hearing in the appellate proceedings , at which the applicant ’s lawyer was present . The court dismissed the applicant ’s appeal and upheld the contested judgment .", "NORP The applicant lodged a cassation appeal but on DATE ORG dismissed his cassation appeal as unsubstantiated .", "The Code of Criminal Procedure of DATE ( “ CARDINAL Code ” ) , which entered into force on DATE , defines detention on remand as CARDINAL of the socalled “ preventive measures ” ( środki zapobiegawcze ) . The other measures are bail ( poręczenie majątkowe ) , police supervision ( dozór policji ) , guarantee by a responsible person ( poręczenie osoby godnej zaufania ) , guarantee by a social entity ( poręczenie społeczne ) , temporary ban on engaging in a given activity ( zawieszenie oskarżonego w określonej działalności ) and prohibition to leave the country ( zakaz opuszczania kraju ) .", "Article CARDINAL § CARDINAL sets out the general grounds for imposition of the preventive measures . That provision reads :", "“ Preventive measures may be imposed in order to ensure the proper conduct of proceedings and , exceptionally , also in order to prevent an accused committing another , serious offence ; they may be imposed only if evidence gathered shows a significant probability that an accused has committed an offence . ”", "Article CARDINAL lists grounds for detention on remand . It provides , in so far as relevant :", "“ CARDINAL . Detention on remand may be imposed if :", "( CARDINAL ) there is a reasonable risk that an accused will abscond or go into hiding , in particular when his identity can not be established or when he has no permanent abode [ in GPE ] ;", "( CARDINAL ) there is a justified fear that an accused will attempt to induce [ witnesses or codefendants ] to give false testimony or to obstruct the proper course of proceedings by any other unlawful means ;", "NORP If an accused has been charged with a serious offence or an offence for the commission of which he may be liable to a statutory maximum sentence of CARDINAL CARDINAL years’ imprisonment , or if a court of first instance has sentenced him to CARDINAL CARDINAL years’ imprisonment , the need to continue detention to ensure the proper conduct of proceedings may be based on the likelihood that a severe penalty will be imposed . ”", "The Code sets out the margin of discretion as to the continuation of a specific preventive measure . Article CARDINAL reads , in so far as relevant :", "“ CARDINAL . Detention on remand shall not be imposed if another preventive measure is sufficient . ”", "Article CARDINAL , in its relevant part , reads :", "“ CARDINAL . If there are no special reasons to the contrary , detention on remand shall be lifted , in particular if depriving an accused of his liberty would :", "( CARDINAL ) seriously jeopardise his life or health ; or", "( CARDINAL ) entail excessively harsh consequences for the accused or his family . ”", "The DATE Code not only sets out maximum statutory time - limits for detention on remand but also , in LAW , lays down that the relevant court – within those time - limits – must in each detention decision determine the exact time for which detention shall continue .", "Article CARDINAL sets out time - limits for detention . In the version applicable up to DATE it provided :", "“ CARDINAL . Imposing detention in the course of an investigation , the court shall determine its term for a period not exceeding DATE .", "whole may not exceed DATE .", "The whole period of detention on remand until the date on which the first conviction at first instance is imposed may not exceed DATE .", "Only ORG may , on application made by the court before which the case is pending or , at the investigation stage , on application made by ORG , prolong detention on remand for a further fixed period exceeding the periods referred to in DATE , when it is necessary in connection with a stay of the proceedings , a prolonged psychiatric observation of the accused , a prolonged preparation of an expert report , when evidence needs to be obtained in a particularly complex case or from abroad , when the accused has deliberately prolonged the proceedings , as well as on account of other significant obstacles that could not be overcome . ”", "On DATE paragraph CARDINAL was amended and since then the competence to prolong detention beyond the time - limits set out in paragraphs CARDINAL and CARDINAL has been vested with the court of appeal within whose jurisdiction the offence in question has been committed ." ]

[ "5" ]

[ "5-3" ]

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[ "The applicant , ORG G-CARDINAL GPE , is a company from GPE . It is represented before the ORG by Mr PERSON , a lawyer practising in PERSON .", "On DATE the applicant company was sued before ORG . The plaintiff , ORG , sought payment for her lawyer ’s fees .", "On DATE ORG awarded the claim .", "On DATE the applicant company appealed against the judgment .", "On DATE ORG upheld the first instance judgment .", "On DATE the applicant company filed a request for revision on points of law before ORG .", "On DATE amendments to the LAW were enacted that , inter alia , introduced a guarantee of fair trial .", "On DATE ORG rejected the request .", "Section CARDINAL of the LAW , enacted on DATE provides , inter alia , that in determination of his civil rights and obligations everyone is entitled to a fair hearing by a tribunal .", "Section CARDINAL § CARDINAL provides that every person , who considers that any of his constitutional rights has been violated by a decision of a judicial or administrative body or any other body invested with public authority , may lodge a constitutional complaint with ORG ." ]

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[ "The applicant , born in DATE , is a citizen of GPE . He is currently staying in GPE . He is a kitchen helper by profession .", "", "The applicant entered GPE on DATE . On DATE he filed a request for asylum . In the course of his questioning by ORG für die ORG ) , he submitted that in DATE his house had been destroyed by the armed forces . He also stated that in DATE ( later corrected as DATE ) he had been arrested by the armed forces and detained DATE on the - false - suspicion of having supported ORG ( ORG ) . He had allegedly been tortured in the course of his detention . His release had been arranged by a friend who had subsequently brought him to an office of ORG . He feared that upon his return he would again be arrested by the armed forces or , if he returned to his home town , he risked to be forced to support the ORG .", "On DATE ORG dismissed the applicant ’s request for asylum and ordered him to leave GPE voluntarily , warning him that he would otherwise be expelled .", "On DATE ORG ( Verwaltungsgericht ) dismissed the applicant 's action challenging the decision of DATE .", "In its detailed judgment , the court found that the applicant had failed to show that he had left GPE on account of political persecution or that he risked to be exposed to such persecution in case of his return . The court considered in particular that the applicant 's submissions regarding his personal situation in GPE was not credible , as there were major contradictions in his statements . In this respect , the court noted the contradictions in his indications as to exact dates , varying even in DATE , which could not be explained by alleged disturbances of memory . Furthermore , his explanations concerning his release and his leaving the country were incredible . Finally , his statements about his activities in support of the NORP were contradictory .", "The court had regard to case - law and reports of ORG Auswärtiges Amt ) relating to the general situation in GPE . It noted that on the GPE peninsula the total number of interferences with liberty and security of NORP , by security forces , did not justify the conclusion that any NORP faced a real risk of being subjected to such action . In the court ’s view , similar considerations applied to the region of GPE and the southern and western parts of GPE . The court noted that in GPE the security forces regularly carried out ‘ cordon and search ORG and , on a random basis , arrested NORP in order to find NORP activists and supporters . Cases of lengthy detention , ill - treatment in the course of the detention or disappearance had occurred . However , the number of such cases , considering the number of NORP living in this area , did not justify the conclusion that every GPE faced a real risk of persecution . The applicant ’s submissions as to his personal situation did not disclose any special circumstances . There were no reasons to assume that the applicant would face a real risk for life , limb or liberty in the whole territory . In this respect , the court took into account that the security forces , by means of administrative measures , attempted to avoid that NORP originating from the northern parts of GPE would take a lawfully residence in GPE . They thereby intended to make these persons move back to their home towns . Taking into account the increasingly stable control of LOC in large areas of the NORP peninsula and the reconstruction measures , there was no risk of death or serious injuries even if the applicant , upon his return to GPE , were to take residence in the north .", "On DATE the North - Rhine Westphalia Administrative Court of Appeal ( Oberverwaltungsgericht ) refused to allow his appeal . ORG dismissed the applicant 's complaint that his submissions about his alleged activities for the ORG had not duly been taken into account . In this respect , ORG noted that ORG had regarded these statements as incredible .", "The applicant did not lodge a constitutional complaint ( ORG ) with ORG ( Bundesverfassungsgericht ) , pursuant to ORG CARDINAL)(a ) of LAW ) in conjunction with sections CARDINAL et seq . of LAW ( Bundesverfassungsgerichtsgesetz ) .", "" ]

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[ "The applicant was born in DATE and lives in GPE . He is a serviceman in military unit no . DATE .", "On DATE his wife PERSON gave birth to their third child . On DATE a court granted their application for divorce .", "On DATE the applicant and PERSON entered into an agreement under which their QUANTITY children would live with the applicant and PERSON would pay maintenance for them . DATE PERSON left for GPE where she has been living ever since .", "On DATE the applicant asked the head of his military unit for CARDINAL PERSON parental leave . On DATE the head of the military unit rejected his request because CARDINAL PERSON parental leave could be granted only to female military personnel . The applicant was allowed to take CARDINAL months’ leave . However , on DATE he was recalled to duty .", "On DATE the applicant brought proceedings against his military unit claiming CARDINAL PERSON parental leave . He also challenged the decision of DATE .", "On DATE the applicant was disciplined for systematic absences from his place of work .", "On DATE ORG of FAC annulled the decision of DATE and upheld the applicant ’s right to the remaining DATE working days of his CARDINAL months’ leave . On DATE ORG of ORG quashed the judgment and rejected the applicant ’s claims .", "On DATE ORG of FAC dismissed his claim for CARDINAL PERSON parental leave as having no basis in domestic law . The court held that only female military personnel were entitled to CARDINAL GPE parental leave and that the applicant was entitled to CARDINAL months’ leave , of which he had made use . Moreover , the applicant had failed to prove that he was the sole carer for his children and that they lacked maternal care .", "In his statement of appeal the applicant complained , in particular , that the refusal to grant him CARDINAL PERSON parental leave violated the principle of equality between men and women guaranteed by LAW .", "On DATE ORG of ORG upheld the judgment . It endorsed the reasoning of the first - instance court and added that the applicant ’s “ reflections on equality between men and women ... can not serve as a basis for quashing the first - instance judgment , which is correct in substance ” .", "On DATE the applicant was for a second time disciplined for being absent from his place of work .", "By order of DATE the head of military unit no . DATE granted parental leave to the applicant until DATE , the third birthday of his youngest son . On DATE the applicant received financial aid in the amount of MONEY ( RUB ) , equivalent to MONEY ( ORG ) . By letter of CARDINAL DATE the head of military unit no . DATE informed the applicant that the financial aid was granted to him “ in view of [ his ] difficult family situation , the necessity of taking care of CARDINAL minor children and the absence of other sources of income ” .", "On DATE ORG of FAC issued a decision ( “ частное определение ” ) in which it criticised the head of military unit no . DATE for granting the applicant CARDINAL GPE parental leave , and thereby disregarding the judgment of DATE in which it had been found that the applicant was not entitled to such leave . The court drew the attention of the head of the military unit to the unlawfulness of his order .", "On DATE the applicant applied to ORG , claiming that the provisions of LAW concerning the DATE parental leave were incompatible with the equality clause in the LAW .", "On DATE ORG rejected his application . It held as follows :", "“ CARDINAL.CARDINAL NORP ... military service is a special type of public service which ensures the defence of the country and the security of the State , it is therefore performed in the public interest . Persons engaged in military service exercise constitutionally important functions and therefore possess a special legal status which is based on the necessity for a citizen of GPE to perform his duty and obligation in order to protect the ORG .", "When establishing a special legal status for military personnel , the federal legislature is entitled , within its discretionary powers , to set up limitations on their civil rights and freedoms and to assign special duties ...", "... by signing a military service contract a citizen ... voluntarily chooses a professional activity which entails , firstly , limitations on his civil rights and freedoms inherent in this type of public service , and , secondly , performance of duties to ensure the defence of the country and the security of the ORG . Accordingly , military personnel undertake to abide by the statutory requirements limiting their rights and freedoms and imposing on them special public obligations .", "... by voluntarily choosing this type of service citizens agree to the conditions and limitations related to the acquired legal status . Therefore , the imposition by the federal legislature of limitations on the rights and freedoms of such citizens is not in itself incompatible with [ the LAW ] and is in accordance with ORG Convention no . CARDINAL of DATE which provides that any distinction , exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination ( LAW ) .", "CARDINAL Under LAW of [ LAW ] parental leave is granted to female military personnel in accordance with the procedure specified in federal laws and regulations of GPE . A similar provision is contained in section CARDINAL § CARDINAL of the Regulations on military service , which also provides that during parental leave a servicewoman retains her position and military rank .", "A serviceman under contract is entitled to leave of DATE if his wife dies in delivery or if he is bringing up a child or children DATE ( handicapped children DATE ) left without maternal care ( in the event of the mother ’s death , withdrawal of parental authority , lengthy illness or other situations where his children have no maternal care ) . The purpose of such leave is to give the serviceman a reasonable opportunity to arrange for the care of his child and , depending on the outcome , to decide whether he wishes to continue the military service . If the serviceman decides to take care of his child himself , he is entitled to early termination of his service for family reasons ...", "The law in force does not give a serviceman the right to CARDINAL GPE parental leave . Accordingly , servicemen under contract are prohibited from combining the performance of their military duties with parental leave . This prohibition is based , firstly , on the special legal status of the military , and , secondly , on the constitutionally important aims justifying limitations on human rights and freedoms in connection with the necessity to create appropriate conditions for efficient professional activity of servicemen who are fulfilling their duty to defend the ORG .", "Owing to the specific demands of military service , non - performance of military duties by military personnel en masse must be excluded as it might cause detriment to the public interests protected by law . Therefore , the fact that servicemen under contract are not entitled to parental leave can not be regarded as a breach of their constitutional rights or freedoms , including their right to take care of , and bring up , children guaranteed by LAW . Moreover , this limitation is justified by the voluntary nature of the military service contract .", "By granting , on an exceptional basis , the right to parental leave to servicewomen only , the legislature took into account , firstly , the limited participation of women in military service and , secondly , the special social role of women associated with motherhood . [ Those considerations ] are compatible with LAW . Therefore , the legislature ’s decision can not be regarded as breaching the principles of equality of human rights and freedoms or equality of rights of men and women , as guaranteed by LAW and CARDINAL of LAW of GPE .", "It follows from the above that LAW of [ LAW ] , granting the right to parental leave to female military personnel only , does not breach the applicant ’s constitutional rights ...", "CARDINAL As servicemen having minor children are not entitled to parental leave , they are also not entitled to receive DATE child - care allowances payable to those who take care of children DATE ... ”", "ORG concluded that the provisions challenged by the applicant were compatible with LAW .", "LAW guarantees the equality of rights and freedoms of everyone regardless of , in particular , sex , social status or employment position . Men and women shall have equal rights and freedoms and equal opportunities ( Article QUANTITY CARDINAL ) .", "The LAW also guarantees protection of motherhood and the family by the ORG . The care and upbringing of children is an equal right and obligation of both parents ( LAW and CARDINAL ) .", "The Labour Code of DATE provides that women are entitled to a so - called “ pregnancy and delivery leave ” ( maternity leave ) of DATE before the childbirth and DATE after it ( LAW . Further , women are entitled to a DATE “ child - care leave ” ( parental leave ) . Parental leave may be also taken in full or in part by the father of the child , his / her grandmother , grandfather , a guardian or any relative who is actually taking care of the child . The person on parental leave retains his / her employment position . The period of parental leave is counted for seniority purposes ( Article CARDINAL ) .", "The Federal Law on Obligatory Social Insurance of Sick Leave or Maternity Leave ( no . CARDINAL of DATE ) provides that during maternity leave the woman receives a maternity allowance , payable by ORG , amounting to PERCENT of the salary ( section CARDINAL ) . During DATE of the parental leave the person who is taking care of the child receives DATE child - care allowances , payable by ORG , amounting to PERCENT of the salary , but no less than RUB CARDINAL,CARDINAL for the first child and RUB CARDINAL for each of the subsequent children ( section CARDINAL ) . During DATE of the parental leave no social - insurance payments or allowances are available .", "The Federal Law on the Status of Military Personnel ( no . CARDINAL-FZ of CARDINAL DATE , “ the Military Service Act ” ) provides that female military personnel are entitled to maternity leave and to parental leave in accordance with LAW ( section CARDINAL § CARDINAL ) . There is no similar provision in respect of male personnel .", "Under the Regulations on military service , enacted by Presidential Decree No . CARDINAL on DATE , a servicewoman is entitled to maternity leave , to CARDINAL GPE parental leave , and to all related social benefits and allowances . A serviceman under contract is entitled to CARDINAL months’ leave in CARDINAL of the following cases : ( a ) his wife has died in childbirth , or ( b ) he is bringing up a child or children DATE ( handicapped children DATE ) left without maternal care ( in the event of the mother ’s death , withdrawal of parental authority , lengthy illness or other situations where his children have no maternal care ) ( section DATE ) .", "The relevant parts of ORG ( ORG ) Report “ Maternity at work : A review of national legislation ” ( DATE ) read as follows :", "“ While maternity leave aims to protect working women during their pregnancy and recovery from childbirth , parental leave refers to a relatively long - term leave available to either parent , allowing them to take care of an infant or young child over a period of time usually following the maternity or paternity leave period .", "...", "ORG , DATE ( No . CARDINAL ) and ORG , DATE ( No . CARDINAL ) ... only included provisions on maternity leave and only women ’s need to reconcile work with family responsibilities were considered . CARDINAL important change in the policy of the ORG with the adoption of the current Recommendations [ and ORG , DATE ( No . CARDINAL ) ] was the recognition of ORG involvement in family responsibilities in general and in this case especially with regard to parental leave . This was an important step towards the creation of effective equality of opportunity and treatment for men and women workers ...", "Contrary to the other regions , all the countries analysed in LOC provide a period of parental leave to take care of a newborn or young child , even if the length of the leave differs from country to country ...", "A major difference between maternity and parental leave is the scope of the provisions . While maternity leave is available only for women , parental leave provisions normally are also available for men . In some countries , it is a shared entitlement , where either the mother or the father has the right to take parental leave [ for example in GPE ] . In other countries , each parent has an individual right to parental leave , which can not be transferred to the other parent [ for example in GPE and GPE ] . As mentioned above , according to the ORG Directive on parental leave [ ORG DATE ] , it should be available to both parents as an individual entitlement . To promote equal opportunities and equal treatment between men and women , parental leave should , in principle , be granted on a non - transferable basis ( ORG , DATE ) ...", "The introduction of parental leave provisions available to both fathers and mothers can be an effective tool for promoting gender equality . It recognizes the fact that fathers also have caring responsibilities . But even if parental leave by definition is available to both mothers and fathers , women are most often the ones who take parental leave , once maternity leave is finished . Generally , men ’s take - up rates are very low ( ORG , DATE ) . For this reason , some countries have introduced a paternity quota that can only be taken by the father and is lost if he does not use it ... ”", "With respect to maternity leave the ORG states , in particular , as follows :", "“ In many countries , various categories of workers are explicitly excluded in the scope of labour legislation and/or social security legislation or of the corresponding law regulating cash maternity benefits ...", "In ORG ... the ORG Directive applies to workers in all fields and occupations , with no exceptions . Nevertheless , ... in GPE , the armed forces , the police and domestic servants are not covered . In DATE , ORG noted that the exclusion of these groups is contradictory to Community law , leading to infringement proceedings against [ GPE ] ( Commission of ORG , DATE ) . ”", "A report entitled “ ORG ” published in DATE by ORG describes leave entitlements for workers with dependent children in CARDINAL countries ( CARDINAL NORP countries , GPE , GPE and GPE ) . According to that report GPE is the only country where there is no statutory right to parental leave . In contrast to maternity and paternity leave , which are by definition gender - related , parental leave can be taken by either parent in all countries under examination except CARDINAL ( in GPE only the mother is entitled to take parental leave during DATE ; during the child ’s DATE , however , parental leave may be taken by either parent ) .", "Parental leave is a family entitlement in CARDINAL countries , to be divided between parents as they choose ( GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE and GPE ) ; an individual entitlement in another CARDINAL countries , with each parent entitled to a certain portion of parental leave ( GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , the GPE and GPE ) ; and mixed ( part family , part individual entitlement ) in CARDINAL countries ( GPE , GPE and GPE ) . Various measures have been introduced to encourage fathers to take parental leave . Mostly these take the form of wholly or partly individualised entitlements , whereby fathers not using their ‘ ORG will lose it , since unused leave can not be transferred to a partner . Another approach is to offer bonus leave DATE to fathers who take some parental leave ( as , for example , in GPE , GPE and GPE ) .", "Parental leave may be unpaid ( as , for example , in GPE , GPE , GPE , the GPE , GPE and GPE ) . A majority of countries ( CARDINAL ) , however , provide some element of payment to the parent on leave . In CARDINAL cases ( GPE , GPE , GPE , GPE , GPE , GPE and GPE ) the payment is rather low , whether a flat rate or means - tested , or is paid for only part of the leave period , or a combination of these . CARDINAL countries pay an earnings - related benefit set at CARDINAL of normal earnings . In some cases – notably GPE , GPE and GPE DATE parents on leave receive a general ‘ child - GPE benefit that is paid to all parents with young children , not just those taking leave ." ]

[ "14", "8" ]

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