ITEMID: 001-59692
LANGUAGEISOCODE: ENG
RESPONDENT: POL
BRANCH: CHAMBER
DATE: 2001
DOCNAME: CASE OF ILOWIECKI v. POLAND
IMPORTANCE: 3
CONCLUSION: Violation of Art. 5-3;Violation of Art. 5-4;Violation of Art. 6-1;Pecuniary damage - claim dismissed;Non-pecuniary damage - financial award
JUDGES: Georg Ress
TEXT: 7. On 1 October 1993 the Poznań-Nowe Miasto District Prosecutor (Prokurator Rejonowy), on the basis of evidence obtained by the Warsaw Police Headquarters (Komenda Stołeczna Policji) from the Interpol Office in London, opened an investigation against persons unknown into the circumstances of an attempt to obtain a loan of 25,000,000 US dollars (USD) by false pretences. On 5 November 1993 the prosecutor laid charges against two persons of having attempted to forge bank guarantees and fraudulently to seize public property.
8. A day later, on 6 November 1993, the Poznań-Nowe Miasto District Prosecutor charged the applicant with forgery and attempting to obtain a loan of USD 25,000,000 by false pretences, committed together with four other persons, and detained him on remand on the reasonable suspicion that he had committed the offences with which he had been charged.
9. Subsequently, on 8 November 1993, the Poznań Regional Prosecutor (Prokurator Wojewódzki) took over the investigation from the Poznań-Nowe Miasto District Prosecutor.
10. On 10 and 15 November 1993 respectively, both the applicant and his defence counsel appealed against the detention order of 6 November 1993. The other suspects lodged similar appeals at about the same time. On 13 December 1993 the Poznań Regional Court (Sąd Wojewódzki) upheld all the detention orders.
11. On 10 and 14 January 1994 the investigating prosecutor ordered that evidence be obtained from an expert in graphology, an expert in financial and banking matters, as well as from a psychiatrist and a psychologist. On 12 January 1994 the prosecutor issued a letter of request to the German authorities, asking them to hear evidence from certain witnesses residing in Germany.
12. On 12 January 1994, at the applicant’s request, the Regional Prosecutor presented, in writing, detailed reasons for the charges laid against him. The prosecutor maintained, in particular, that those charges were based on abundant evidence, in particular in the form of bank documents and testimonies of the applicant’s co-suspects. In consequence and in the light of the material collected at this stage, the prosecution considered that there was a reasonable suspicion that the applicant and his co-suspects had forged thirty provisional bank guarantees and fifty final bank guarantees in order to obtain a loan of USD 25,000,000.
13. On 20 January 1994 the Poznań Regional Prosecutor ordered that the charges laid against the applicant in other criminal proceedings instituted against him by the Inowrocław District Prosecutor be joined in the same criminal proceedings and, accordingly, referred the latter case to the investigating prosecutor.
14. On 31 January 1994, on an application by the Poznań Regional Prosecutor, the Poznań Regional Court prolonged the applicant’s and his co-suspects’ detention until 4 May 1994. On 15 March 1994, ruling on the applicant’s appeal, the Poznań Court of Appeal (Sąd Apelacyjny) upheld the first-instance decision.
15. In the meantime, on 14 March 1994, the applicant had asked the Poznań Regional Prosecutor to release him or to vary the measure imposed on him by replacing detention by bail or police supervision. That application was rejected on 30 March 1994.
16. On 4 April 1994 the applicant asked the Poznań Regional Prosecutor to release him on bail. He asserted that his detention was putting a severe strain on his family. In particular, his minor daughter had recently been examined by psychiatrists and it had been found that the separation from her father had seriously affected her mental state. He also submitted that his daughter was suffering from dyslexia and that her mental state had been rapidly worsening during last months. The relevant facts were confirmed by a report made by a psychologist on 5 April 1994. Furthermore, the applicant stressed that there was no risk of his absconding and that the proper conduct of the proceedings could be secured by bail. On 22 April 1994 the application was dismissed.
17. On 25 April 1994, ruling on an application made by the Poznań Regional Prosecutor, the Poznań Regional Court prolonged the applicant’s detention until 4 July 1994. The applicant and his defence counsel appealed against this decision on 3 and 4 May 1994 respectively. The Poznań Court of Appeal dismissed their appeals on an unknown date.
18. On 15 May 1994 the applicant lodged a further application for release with the Poznań Regional Prosecutor. It was dismissed on 24 May 1994. The relevant decision was upheld on appeal on 15 June 1994.
19. On 10 June 1994 the applicant’s defence counsel applied to the Regional Prosecutor to have the applicant released in view of the fact that his wife was ill and was to be admitted to hospital. He submitted a medical certificate. On 16 June the prosecutor ordered that evidence be obtained from a medical expert in order to define the nature of the wife’s illness and to confirm whether her state of health required treatment in hospital.
20. Later, on 21 June and 19 July 1994, the applicant again asked the prosecutor to release him on bail. He maintained that on account of his long-lasting separation from his family both his daughter and wife were suffering from serious neurosis and depression.
21. Meanwhile, on 27 June 1994, ruling on an application made by the Poznań Regional Prosecutor on an unknown date in June, the Poznań Regional Court had prolonged the applicant’s detention until 31 October 1994. On 11 August 1994 the Poznań Court of Appeal, on the applicant’s appeal, upheld that decision in view of the reasonable suspicion that the applicant had committed the offences in question and of their serious nature.
22. On 7 July 1994 the Poznań Regional Prosecutor had completed the investigation. On 8 July 1994 he lodged a bill of indictment with the Poznań Regional Court. The applicant’s applications for release of 10 and 21 June and of 19 July 1994 were referred to that court together with the case-file.
23. On 7 September 1994 a medical expert submitted a report stating that the applicant’s wife was suffering from neurasthenia resulting from her family situation. On 19 September 1994 the Poznań Regional Court, after considering that report, dismissed all the three above-mentioned applications, holding that the applicant’s detention should continue. The court based its decision on the fact that there was a reasonable suspicion that he had committed the offences with which he had been charged and the serious nature of those offences. It also found that the applicant’s family situation did not militate against his continuing detention and that there were no grounds on which to release the applicant, as defined in Article 218 of the Code of Criminal Procedure.
24. The applicant appealed on 27 September 1994, submitting, among other things, that the mere suspicion that he had committed the offences with which he had been charged could no longer suffice to justify his excessively long detention and that such reasoning showed that the court had breached the principle of the presumption of innocence. He stressed that three of his co-defendants had already been released.
25. On 13 October 1994 the Poznań Court of Appeal dismissed his appeal, holding that the lower court’s findings had not concerned the question of the applicant’s guilt but the likelihood that he had committed the offences in question. It rejected the applicant’s argument that the three of his co-defendants had been released and stressed that that could not be a factor militating in favour of releasing him. Furthermore, the Court of Appeal considered that the applicant’s detention should continue because of the serious nature of the charges laid against him and the fact that he had acted in an organised group.
26. On 25 October 1994 the applicant made yet another application for release on bail, submitting that his family situation was critical, especially as the mental state of his wife and daughter had markedly worsened. On 7 November 1994 the court dismissed his application, finding that even though the applicant’s detention was indeed putting a severe strain on his family, the serious nature of the charges laid against him justified his detention.
27. In the meantime, on 6 November 1994, the applicant attempted to commit suicide by swallowing fifty tablets of the sedative “Relanium”[diazepam]. On 6 December 1994 a psychiatrist examined him in prison and found that he was suffering from depression that resulted from his being held in detention and from his prolonged separation from his family.
28. Subsequently, on an unspecified date, the Poznań Regional Court scheduled the trial for 7 and 8 December 1994. However, on 5 December 1994 both hearings were cancelled because the presiding judge was ill.
29. On 12 and 13 December 1994 the applicant and his defence counsel lodged further applications for release, still relying on the difficult situation of the applicant’s family and, in particular, on the fact that the applicant’s minor daughter was in need of treatment in hospital. On 19 December 1994 the Poznań Regional Court ordered that evidence from medical experts from the Łódź Medical Centre be obtained to determine the child’s condition. The experts submitted their report on 2 February 1995. The court dismissed the application on 6 February 1995. The applicant appealed. The Poznań Court of Appeal upheld the first-instance decision on 11 July 1995.
30. On 21 February 1995 the Poznań Regional Court held a hearing but decided not to examine the case on the merits and remitted it to the Poznań Regional Prosecutor. It ordered that a further investigation be carried out. On 10 March 1995, on the parties’ appeals, the Poznań Court of Appeal quashed that decision and ordered the lower court to deal with the merits of the case.
31. During the hearing of 21 February 1995 the applicant unsuccessfully asked the court to release him on bail. The relevant decision was upheld on appeal on 10 March 1995. Subsequently, on 13 and 20 April 1995 and on a further unknown date, the applicant made similar applications. They all were dismissed on 15 May 1995 at first instance and, on appeal, on 22 June 1995.
32. On 6 June 1995 the applicant again asked the Poznań Regional Court to release him on bail in view of his family situation. He also submitted that the criminal proceedings against him were not progressing with the requisite expedience. On 1 June 1995 the court dismissed the application on the ground that there was a reasonable suspicion that he had committed the offences in question acting in an organised group. It attached considerable importance to the fact that the applicant had attempted to obtain a very substantial loan by false pretences. The court acknowledged, however, that his detention, which at the material time had exceeded eighteen months, had lasted for a long time. Yet in the court’s opinion, that fact did not in itself change the reasons given to justify his being held in custody. The applicant appealed against that decision. The appeal was dismissed on 11 July 1995.
33. On 24 July 1995 the Poznań Regional Court dismissed another application for release made by the applicant on 11 July 1995. That decision was upheld on appeal on 10 August 1995.
34. On 25 August 1995 the court held a hearing. The court did not deal with the merits of the case and adjourned the trial to 15 December 1995.
During that hearing the applicant and one of his co-defendants asked for release. The court released the applicant and his co-defendant with a condition that they submit to police supervision and ordered the applicant to surrender his passport. The court further observed that at the material time the length of their detention was nearly two years and that it was not desirable to hold them in custody, especially as the proceedings had to be adjourned for several months. The court found that there was no risk of collusion and that police supervision would be sufficient to secure the proper conduct of the trial. On 8 September 1995, on the Poznań Regional Prosecutor’s appeal, the Poznań Court of Appeal upheld the first-instance decision and the reasons given for it.
35. Later, the court listed two hearings for 4 January and 11 March 1996. Those hearings were cancelled; the first as one of the defence lawyers had failed to appear, the second because another defence lawyer asked the court to give him extra time to study documentary evidence adduced by the prosecution.
36. On 9 April 1996 the trial court held the first hearing on the merits. On 13 and 14 June 1996 the trial continued. The court heard evidence from several witnesses called by the prosecution.
37. The next hearing was listed for 19 August 1996 but subsequently cancelled since certain lay and expert witnesses had failed to appear. During the hearing of 23 October 1996 the court heard evidence from one witness. On 9 December 1996 the court heard evidence from three witnesses called by the defence and adjourned the trial because several other witnesses had failed to appear. The court fined those witnesses, considering that they had not supplied any satisfactory explanation to justify their absence. The next hearing was listed for 23 January 1997; during that hearing the court heard evidence from one witness and ordered that evidence from experts be heard at the next hearing, scheduled for March.
38. On 27 March 1997 the court did not hear evidence from experts because one of them had in the meantime died. For that reason, the trial was adjourned sine die. At that hearing, the court lifted the order to surrender the applicant’s passport. It considered that it could not be said that in the course of the trial the applicant had obstructed its conduct and held that at the current stage of the proceedings there was no danger of his absconding or attempting to tamper with the process of obtaining evidence.
39. On 9 September 1997 the applicant, maintaining that no hearing on the merits had been held in his case since 23 January 1997, complained to the Ombudsman (Rzecznik Praw Obywatelskich) about the length of the proceedings and asked him to intervene on his behalf.
40. The applicant’s trial was to restart on 4 December 1997 but was postponed to 29 December 1997 because the presiding judge was ill. On the latter date the court adjourned the trial since one of the co-defendants had failed to appear. During the hearing of 9 February 1998 the court heard evidence from an expert and one witness but adjourned the trial to 9 March 1998. On that day the court once again adjourned the trial because a witness had been absent.
41. On 6 April 1998 the court held a hearing and heard evidence from one witness. It then postponed the trial to 20 May 1998. On the latter date it adjourned the trial sine die, considering that evidence from an expert in international banking transactions needed to be obtained. The trial court did, however, encounter certain difficulties in finding a suitable expert. Eventually, in October 1998, the presiding judge appointed A.J., who assured the court that he would prepare the relevant report by the end of November 1998. Yet as that report was in effect submitted to the court’s registry on 1 December 1998 and the expert could not appear before the court at a hearing listed for 26 November 1998, the court postponed the trial to 7 December 1998.
42. On the above-mentioned date the trial was adjourned to 11 January 1999 because R.B., one of the applicant’s co-defendants, had not appeared before the court. The police informed the court that R.B. had apparently left Poland together with his family.
43. On 11 January 1999 the Regional Prosecutor asked the court to severe the charges against R.B. and to proceed with the trial. The court made an order to that effect and, at the same hearing, heard evidence from an expert.
44. The next hearing was listed for 1 February 1999. At that hearing, the applicant produced certain documents from the year 1995 and asked the court to obtain evidence from an expert in graphology. The court granted his application and appointed the expert on 9 April 1999, instructing him to prepare the report by the end of that month.
The report was submitted to the court’s registry on 10 May 1999.
45. After obtaining the report and serving its copies on the parties, the Regional Court (Sąd Okręgowy) set the date for the parties’ final submissions for 21 June 1999. On 28 June 1999 it gave judgment. The applicant was sentenced to four years’ imprisonment. All parties to the proceedings except for one of the applicant’s co-defendants appealed.
46. The Poznań Court of Appeal heard appeals on 17 February 2000. It quashed the first-instance judgment and remitted the case. The Regional Court listed the retrial for 7 July 2000 but the hearing was subsequently cancelled. The proceedings are still pending in the Poznań Regional Court.
In a letter of 4 September 2001, the applicant informed the Court that since 7 July 2000 the trial court had held hearings at six-month intervals and had so far heard evidence from four witnesses.
47. At the material time the rules governing detention on remand were contained in Chapter 24 of the Law of 19 April 1969 – Code of Criminal Procedure (Kodeks postępowania karnego) (“the Code”) – entitled “Preventive measures” (Środki zapobiegawcze). The Code is no longer in force. It was repealed and replaced by the Law of 6 June 1997 (commonly referred to as the “New Code of Criminal Procedure”), which entered into force on 1 September 1998.
48. The Code listed as “preventive measures”, inter alia, detention on remand, bail and police supervision.
Article 209 set out the general grounds justifying imposition of the preventive measures. This provision read:
“Preventive measures may be imposed in order to secure the proper course of proceedings if the evidence against the accused sufficiently justifies the opinion that he has committed a criminal offence.”
Article 217 § 1 defined grounds for detention on remand. The relevant part of this provision stated:
“Detention on remand may be imposed if:
1. there is a reasonable risk that an accused will abscond or go into hiding, in particular when he has no fixed residence [in Poland] or his identity cannot be established; or
2. there is a reasonable risk that an accused will attempt to induce witnesses to give false testimony or to obstruct the proper course of proceedings by any other unlawful means, or
3. an accused has been charged with a serious offence [for the commission of which an accused could be liable to a sentence of a minimum of three years’ imprisonment] or has relapsed into crime in the manner defined in the Criminal Code; or
4. an accused has been charged with an offence which creates a serious danger to society.”
49. The Code set out the margin of discretion in maintaining a specific preventive measure. Articles 213 § 1, 218 and 225 of the Code were based on the principle that detention on remand was the most extreme preventive measure and that it should not be imposed if more lenient measures were adequate.
Article 213 § 1 provided:
“A preventive measure (including detention on remand) shall be immediately lifted or varied if the basis for it has ceased to exist or new circumstances have arisen which justify lifting a given measure or replacing it with a more or less severe one.”
Article 225 stated:
“Detention on remand shall be imposed only when it is mandatory; this measure shall not be imposed if bail or police supervision, or both of those measures, are considered adequate.”
Finally, Article 218 stipulated:
“If there are no special reasons to the contrary, detention on remand should be lifted, in particular when:
(1) it may seriously jeopardise the life or health of the accused; or
(2) it would entail excessively burdensome effects for the accused or his family."
50. At the relevant time the Code set out three different legal avenues whereby a detainee could challenge the lawfulness of his detention: an appeal to a court against a detention order made by a prosecutor; proceedings in which courts examined applications for prolongation of detention made by a prosecutor during an investigation; and proceedings relating to the detainee’s applications for release.
As regards the last of these, Article 214 of the Code provided the following:
“An accused may at any time apply to have a preventive measure lifted or varied.
Such an application shall be decided by the prosecutor or, after the bill of indictment has been lodged, by the court competent to deal with the case, within a period not exceeding three days.”
VIOLATED_ARTICLES: 5
6
VIOLATED_PARAGRAPHS: 5-3
5-4
6-1


ITEMID: 001-76581
LANGUAGEISOCODE: ENG
RESPONDENT: ALB;ITA
BRANCH: ADMISSIBILITY
DATE: 2006
DOCNAME: TRESKA v. ALBANIA AND ITALY
IMPORTANCE: 1
CONCLUSION: Inadmissible
TEXT: The applicants, Nikolaus and Jurgen Treska, are Albanian nationals who were born in 1934 and 1941 respectively and live in Durrës. They were represented before the Court by Mr M. Lana, a lawyer practising in Rome.
s and the Governments of Italy and Albania pursuant to Rule 49 § 2 (a) of the Rules of Court, may be summarised as follows.
In 1950 the applicants' father's villa and an adjacent plot of land were confiscated without compensation by the regime. The State subsequently built an annex to the villa.
On an unspecified date the Italian Government informed the Albanian Government of their intention to purchase the premises of the Italian Mission in Albania. Accordingly, they requested the Albanian Government to put at their disposal different proposals for the purchase of premises.
On 1 July 1991 the Italian Embassy in Albania entered into an agreement to purchase two buildings. One of the buildings, designated for use as the private residence of the head of the Mission, was the villa confiscated from the applicants' father.
On 5 August 1991 the applicants informed the Italian Ambassador in Tirana about their property claims to the villa, in view of the fact that it had been illegally confiscated from their father.
The transaction was concluded through an inter-State agreement authenticated by note verbale exchanges between the two governments.
Pursuant to the relevant provisions of Albanian law, as they stood at the material time, the land was inalienable; consequently the title to the buildings alone was transferred by the Albanian Government to the Italian Government.
The relevant property title was not entered in the Tirana Property Register.
On an unspecified date the applicants brought civil proceedings in the Tirana District Court claiming their title to the unlawfully confiscated property.
On 9 September 1992 the Tirana District Court allocated to the applicants their father's villa and ordered the Ministry of Foreign Affairs to make it possible for the applicants to enter into possession of that property. As the Ministry did not lodge an appeal, the decision became final.
Pursuant to the Property Restitution and Compensation Act (“the Property Act”), the applicants lodged an application with the Tirana Property Restitution and Compensation Commission (Komisioni i Kthimit dhe Kompensimit të Pronave), claiming their title to their father's property.
On 17 December 1994 the Commission, confirming the unlawfulness of the confiscation of the property, allocated to them the villa and the adjacent plot of land measuring 2,573 sq. m.
Moreover, the court also allocated to the applicants the annex to the villa as, pursuant to section 13 of the Property Act, the outlay by the State in respect of structural changes and annexes to the original building amounted to less than 20% of the property's original value.
In so far as it was impossible for the applicants to have the whole original plot of land returned to them, the Commission held that the State had an obligation to pay them compensation under the Property Act for a plot of land measuring 290 sq. m. and it ordered the restitution of the original plot of land measuring 2,283 sq. m.
Lastly, the Commission ordered that the applicants' title to the properties be entered in the Tirana Property Register.
The applicants were also provided with a certificate of registration of property issued by the Registry Office, registration no. 5401, dated 20 December 1994.
In reply to the applicants' requests for recovery of their property, on 20 January 1995 the Italian Ambassador to Albania informed them that their property claims to the Italian Embassy's premises had to be settled with the Albanian authorities.
On an unspecified date the applicants instituted proceedings against the Italian Embassy in Albania, before the Tirana District Court, in order to recover possession of their property.
On 31 October 2000 the Tirana District Court held that it did not have jurisdiction to deal with the case.
On an unspecified date the applicants brought proceedings in the Tirana District Court seeking damages from the Italian Embassy in Tirana for its occupation of the plot of land measuring 2,283 sq. m.
The proceedings were adjourned several times by the District Court because of the absence of the representative of the Italian Embassy in Tirana.
On 24 April 1997 the Tirana District Court, in the absence of the Italian Embassy's representative, ordered the Embassy to pay the applicants a monthly rental fee, amounting to 3,424 United States dollars, for use of the plot of land measuring 2,283 sq. m. The decision became final and binding on 2 June 1997.
On 10 June 1997 the Tirana District Court, in enforcement proceedings, issued a writ for the enforcement of the Tirana District Court's judgment of 24 April 1997.
On 29 May 1998 and 8 November 1999, following the failure of the Italian Embassy in Albania to comply with the District Court's judgment of 24 April 1997 and invoking the inactivity of the Albanian authorities in enforcing a final decision, the applicants lodged two appeals with the Constitutional Court.
On 27 October 1998 the Constitutional Court dismissed the first appeal on the ground that the applicants had not exhausted all the possible means of recourse available to them in order to challenge the inactivity of the Bailiffs' Office.
On 10 March 2000 the Constitutional Court dismissed the applicants' second appeal, the reason being that the immunity of the Italian Embassy and the inviolability of its premises gave rise to a circumstance where the District Court's decision could not be enforced in practice.
On 18 June 2003, with a view to having the Tirana District Court judgment of 24 April 1997 validated by the Italian courts and enforced, the applicants applied to the Rome Court of Appeal for a writ of enforcement (delibazione).
On 22 December 2004, in a judgment served on the applicant on 24 January 2005, the Rome Court of Appeal rejected the applicants' request, as the proceedings before the Tirana District Court that led to the judgment of 24 April 1997 had been held in breach of the principle of equality of arms, which was an essential requirement for the recognition of a foreign judgment in Italy. According to the court, by sending confused and short-term notifications of hearings, the Albanian court had denied the Italian Embassy in Albania the opportunity to present the case effectively and to be able to enjoy the benefit of an equality of arms.
The applicants, anticipating an unsuccessful outcome, did not appeal against the Rome Court of Appeal decision of 22 December 2004.
Following a request for factual information under Rule 49 § 2 (a) of the Rules of Court, the Italian Government, on 7 April 2005, having regard to the fact that the premises of the Italian Embassy in Albania had been legally purchased, contested the applicants' allegations of possession sine titulo.
They maintained that the lawfulness of the property title to the premises of the Italian Embassy in Albania stemmed from a valid international agreement between the two countries.
Furthermore, they stated that the Albanian court judgment, which had decided on the Italian Embassy's obligation to pay the applicants a rental fee for use of their property, had no binding effect in Italy; in fact the Rome District Court had dismissed the applicants' application for the validation of the above-mentioned judgment in Italy.
Following a request for factual information under Rule 49 § 2 (a) of the Rules of Court, the Albanian Government stated on 6 April 2005 that in 1991, following a request by the Italian Embassy in Albania, the Albanian Government had put at its disposal three State-owned premises. The Italian Embassy in Albania had arranged to purchase two buildings, one of which had been the former property of the applicants' father. The agreement had been validated by note verbale on 1 July 1991.
On 5 November 1991, by note verbale no. 2183, the Albanian Ministry of Foreign Affairs transmitted to the Italian Embassy in Albania the topographic maps of the properties purchased and confirmed the legitimacy of the ownership of the properties.
According to the Government, on 2 March 1994, by decision no. 108, the Albanian Council of Ministers had authorised the Ministry of Foreign Affairs to use the income from the transaction (a lump sum of approximately 1,936,713.37 euros) for the purchase of the premises of the Albanian Embassy in Rome.
“For the purpose of the present Convention, the following expressions shall have the meanings hereunder assigned to them: (...) (i) the 'premises of the mission' are the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used for the purposes of the mission including the residence of the head of the mission.”
“1. The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission.
2. The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.
3. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.”
In accordance with its Articles 28 and 33, the Convention was opened for signature from 17 January 2005 and will remain open for signature until 17 January 2007. Neither Albania nor Italy have signed it. In its relevant parts the Convention reads as follows:
“A State enjoys immunity, in respect of itself and its property, from the jurisdiction of the courts of another State subject to the provisions of the present Convention.”
“1. A State shall give effect to State immunity under article 5 by refraining from exercising jurisdiction in a proceeding before its courts against another State and to that end shall ensure that its courts determine on their own initiative that the immunity of that other State under article 5 is respected.
2. A proceeding before a court of a State shall be considered to have been instituted against another State if that other State: (a) is named as a party to that proceeding; or (b) is not named as a party to the proceeding but the proceeding in effect seeks to affect the property, rights, interests or activities of that other State.”
“Unless otherwise agreed between the States concerned, a State cannot invoke immunity from jurisdiction before a court of another State which is otherwise competent in a proceeding which relates to the determination of: (a) any right or interest of the State in, or its possession or use of, or any obligation of the State arising out of its interest in, or its possession or use of, immovable property situated in the State of the forum; (b) any right or interest of the State in movable or immovable property arising by way of succession, gift or bona vacantia; or (c) any right or interest of the State in the administration of property, such as trust property, the estate of a bankrupt or the property of a company in the event of its winding up.”
“No post-judgment measures of constraint, such as attachment, arrest or execution, against property of a State may be taken in connection with a proceeding before a court of another State unless and except to the extent that: (a) the State has expressly consented to the taking of such measures as indicated: (i) by international agreement; (ii) by an arbitration agreement or in a written contract; or (iii) by a declaration before the court or by a written communication after a dispute between the parties has arisen; or (b) the State has allocated or earmarked property for the satisfaction of the claim which is the object of that proceeding; or (c) it has been established that the property is specifically in use or intended for use by the State for other than government non-commercial purposes and is in the territory of the State of the forum, provided that post-judgment measures of constraint may only be taken against property that has a connection with the entity against which the proceeding was directed.”
“In the protection of his constitutional and legal rights, freedoms and interests, and in defending a criminal charge, everyone is entitled to a fair and public hearing, within a reasonable time, by an independent and impartial court established by law.”
“(1) Any international agreement that has been ratified constitutes part of the domestic legal system after it is published in the Official Gazette of the Republic of Albania. It is implemented directly, except in cases where it is not self-executing and its implementation requires enactment of a law. The amending, supplementing and repealing of laws approved by the majority of all members of the Assembly, with the purpose of ratifying an international agreement, require the same majority. (2) An international agreement that has been ratified prevails over national laws that are incompatible with it. (3) In case of conflict, the norms issued by an international organisation prevail over the national laws if the agreement ratified by the Republic of Albania for its participation in the organisation expressly contemplates their direct applicability.”
“The Constitutional Court shall determine: ... (f) Final complaints by individuals alleging a violation of their constitutional rights to a fair hearing, after all legal remedies for the protection of those rights have been exhausted.”
“State bodies shall comply with judicial decisions.”
The Property Restitution and Compensation Act (Ligji për kthimin dhe kompensimin e pronës) has undergone several amendments over the past ten years.
The new Property Act enacted in 2004 provides for two forms of restitution of property, namely the return, under certain circumstances, of the original property and compensation in the event of impossibility for the authorities to return the original property. The Act provides for five forms of compensation: (a) property of the same kind; (b) property of any other kind; (c) shares in State-owned companies; (d) the value of a State-owned property in the privatisation process, (e) a sum of money (section 11).
The Property Act of 1993 (Law no. 7698 of 15 April 1993, as amended by Law no. 8084 of 1996), as in force at the time, in its relevant parts reads as follows:
“Former owners and their legal heirs have the right of ownership. A former owner of property shall have the right either to restitution of the original land or to compensation in kind if one of four conditions is met: (1) the land formerly owned was pasture, meadow, forestry land, or agricultural or non-agricultural land; (2) the land is not subject to Law no. 7501 of 19 July 1991; (3) the land is currently State-owned; or (4) the land has now been designated as being suitable for construction and lies within the boundaries of a town or city. The extent of restitution or compensation in kind shall not exceed 10,000 square metres in accordance with Article 1 § 4 of Decree no. 1359 of 5 February 1996, as amended by Law no. 8084 of March 7 1996.”
“Former owners shall be entitled to restitution of their former buildings without having to repay any outlay by the Government or other owners for structural changes, annexes, or floor additions to former private buildings where such outlay does not exceed 20% of the building's value.
Former owners shall be entitled to restitution of their former buildings once they have repaid more than 20% of the value of the outlay, where such outlay amounts to between twenty percent 20% and 50% of the building's value. The value of the outlay shall be calculated on the basis of construction prices at the time of the building's restitution. A building shall remain in co-ownership where the value of such outlay exceeds 50% of the building's value. ... The courts shall have authority to resolve disputes between parties.”
“When building land or agricultural land that has become building land is occupied by a permanent structure, compensation will be provided to the former owner within the limits of expropriation in one of the following forms: (a) state bonds of an equivalent value and the right of pre-emption of the holders to be exercised in the process of the privatisation of state enterprises, and in other activities funded by loans; (b) an equivalent plot or building land near to land designated as an urban area in the general development plans; (c) an equivalent plot of land designated as a tourist area in the general development plans.
The remaining portion for items (b) and (c) will be subject to other methods of compensation established under this Law.”
Section 64 of Law no. 218 of 31 May 1995 (Reform of the Italian system of International Private Law) provides that a foreign court's judgment shall be recognised in Italy without formal proceedings if it complies with the following requirements:
“(a) the judgment had been delivered by the competent court; (b) the other party had been informed promptly of the civil claim in accordance with the domestic laws of the State where the proceedings had been held and the guarantee of defence rights had not been breached; (c) the parties to the proceedings had been duly notified of the hearings or formally declared in absentia pursuant to the laws of the State in which the proceedings took place; (d) the judgment had become final according to the laws of the State in which it had been issued; (e) it did not contain provisions which ran counter to a final decision delivered by an Italian judge; (f) proceedings are not in progress in Italy in respect of the same act and between the same parties; (g) the judgment did not contain provisions which ran counter to the principles of the rule of law as applied by the Italian State;
...”


ITEMID: 001-91010
LANGUAGEISOCODE: ENG
RESPONDENT: RUS
BRANCH: CHAMBER
DATE: 2009
DOCNAME: CASE OF ANTROPOV v. RUSSIA
IMPORTANCE: 4
CONCLUSION: Violation of Article 3 - Prohibition of torture (Substantive aspect);Violation of Article 3 - Prohibition of torture (Procedural aspect)
JUDGES: Anatoly Kovler;Christos Rozakis;Dean Spielmann;Elisabeth Steiner;George Nicolaou;Giorgio Malinverni;Sverre Erik Jebens
TEXT: 5. The applicant was born in 1971 and lives in Ussuriysk, Primorye Region.
6. On 8 February 2001 the applicant, then a military officer, was detained on suspicion of having committed theft of spare parts for military ammunition and the murder of his accomplice G. His initial questioning was conducted without a lawyer because the applicant had signed a waiver stating that he was aware of his right to legal assistance and that his refusal was not due to financial reasons.
7. On 16 February 2001 legal aid counsel was appointed to represent the applicant in the criminal proceedings.
8. From that date the applicant was detained in the Ussuriysk IZ-25/2 detention facility. During the first months of his detention he sent a number of letters to the prosecutor’s office complaining about the lack of progress in his criminal case and various procedural violations on the part of the investigator. In his letter of 1 June 2006, in particular, he indicated that the assistant of the military prosecutor of the Ussuriysk Garrison, investigator D., had made threats “to hand him over” to the family of G. to let them take revenge.
9. On 15 June 2001 at about 10 a.m. investigator D. checked the applicant out of the detention facility in order to take him to some unspecified site, allegedly for investigative actions. The applicant was transported by operative officers K. and T., both of whom were armed, and he was driven in T.’s personal car. They drove to 33 Lermontova Street on the outskirts of Ussuriysk, where the car stopped. K. and T. told the applicant that they were waiting for D. to join them before they could proceed to the place for the investigative action. While they were waiting, at 11 a.m. another car later described as a “Japanese make” pulled in. Several armed men got out, opened the door of T.’s car, forced the applicant out and loaded him into their car. K. and T. offered no resistance to their actions. According to the applicant, they even helped the men to push the applicant into their car.
10. The armed men, who, the applicant maintained, were relatives of G., took the applicant to a house in the country and tortured him there until 5 p.m. the same day. According to the applicant, he was chained to a radiator pipe while the men took turns to administer blows with various objects, such as stools, benches and tools, burned him with cigarettes and crushed his fingers and toes. Every time the applicant passed out they would throw him under cold water until he recovered consciousness and then continued to torture him. Throughout the beatings they threatened to kill his family and demanded that he confess to the murder. At about 5 p.m. the men made an “anonymous phone call” to investigator D., telling him that he could collect the applicant from Frunze Street in Ussuriysk. The applicant was then brought to that street where D. found the applicant and took him back to the IZ-25/2 detention facility. In the detention facility the applicant underwent a medical examination which established multiple bruises, abrasions and burn marks on his body. He informed an operative officer, Major Kh., about the incident and on the following day sent a complaint, accompanied by the medical certificate, to the Ussuriysk Prosecutor’s Office.
11. On 30 September 2001 the applicant sent a complaint to the Prosecutor’s Office of the Dalnevostochniy Military Command that he had been ill-treated on 15 June 2001 and about the lack of follow-up to his complaint of 16 June 2008. He requested that criminal proceedings be instituted against the members of G.’s family and the officials who had handed him over.
12. On 19 November 2001 the applicant wrote to the Prosecutor’s Office of the Dalnevostochniy Military Command reiterating his complaints of ill-treatment on 15 June 2001 and about the absence of any follow-up to his earlier complaint.
13. On 4 February 2002 the applicant reiterated his complaint to the Prosecutor’s Office of the Dalnevostochniy Military Command.
14. On 13 February 2002 the Military Court of the Dalnevostochniy Command convicted the applicant of aggravated murder and of theft of military ammunition. He was sentenced to fourteen years’ imprisonment. The court in its judgment dismissed the applicant’s complaint of ill-treatment. The applicant appealed, claiming, inter alia, that the court had used the testimony obtained under duress and without a lawyer; that his detention had been extended unlawfully; and that during a considerable period of time the investigation had been inactive. He also complained of ill-treatment on 15 June 2001 and failure to investigate it.
15. On the same day the applicant received a reply from the Prosecutor’s Office of the Dalnevostochniy Military Command informing the applicant that an additional enquiry would be carried out as regards his complaint of ill-treatment. This was confirmed by another letter from the same prosecutor’s office on 22 February 2002.
16. On 8 April 2002 the Prosecutor’s Office of the Khabarovsk Garrison opened a criminal investigation into the incident of 15 June 2001.
17. On 29 April 2002 the applicant sent a complaint to the Prosecutor’s Office of the Dalnevostochniy Military Command. He complained that the investigation in the criminal case concerning his ill-treatment had been belated and inefficient. He alleged that he still had not got access to any materials on the file and that even basic investigative steps had not been taken.
18. On 8 June 2002 the Prosecutor’s Office of the Khabarovsk Garrison discontinued criminal proceedings concerning the ill-treatment, relying on the statements of the following persons, who had been questioned:
– the applicant, who reiterated the earlier submissions and the allegations against the members of G.’s family and the implicated officials, D., T. and K.;
– investigator D., who denied handing the applicant over or making any prior threats to the applicant; he confirmed that there had been one occasion when he had allowed S.G., a relative of the deceased, to talk to the applicant in the interview room, but he had made no threats;
– witness A., apparently also a member of G.’s family, who was present during the above conversation and who confirmed that S.G. did not threaten the applicant;
– operative officer T. who submitted that on 15 June 2001 he was transporting the applicant together with K.; they stopped in Lermontova Street waiting for D. and were attacked by unknown persons who abducted the applicant; he stated that they had not expected to be attacked and had therefore offered no resistance; he had not received any instructions from D. to hand the applicant over to G.’s relatives;
– S.G., the suspect in the applicant’s abduction, denied any knowledge of the incident;
– witness N.K., apparently D.’s superior, submitted that D. had been negligent in having failed to organise adequate transport of the applicant, but was not responsible for him having been beaten up.
As regards D., T. and K. it was established that they had been negligent in discharging their official duties but there had been no causal link between their negligence and the applicant’s injuries. Their prosecution for criminal negligence was therefore discontinued. The proceedings against S.G. and other relatives of G. were also discontinued on the grounds of lack of evidence against them.
19. On 6 December 2002 the Military Section of the Supreme Court of Russia upheld the applicant’s conviction but reduced the prison sentence to twelve years. The court of appeal found that there had been no procedural irregularities during the pre-trial investigation, that the applicant had been informed about his right to legal assistance and had waived it. The testimony given by the applicant was found to have been received in compliance with the procedural rules. As to the alleged ill-treatment on 15 June 2001, the court of appeal referred to it as “acts of unidentified individuals”. It held that there was no connection between this episode and the applicant’s criminal conviction because the applicant had confessed to the murder before the events of 15 June 2001.
20. On 22 December 2002 the applicant lodged a complaint with a court alleging, among other complaints, ill-treatment and inaction by the prosecutor’s office following his complaints.
21. On 5 February 2003 the Military Court of Ussuriysk Garrison examined this complaint and dismissed it. The court found that the prosecutor’s office had conducted an investigation of the episode of ill-treatment and considered it thorough and sufficient. The applicant appealed.
22. On 18 February 2003 the applicant was informed that criminal proceedings against investigator D., operative officers T. and K. and members of G.’s family had been discontinued. He sent a complaint to the Military Prosecutor’s Office of the Khabarovsk Garrison requesting access to the file relating to the discontinued criminal proceedings. In reply, on 17 March 2003, he was informed that there had been no grounds to reconsider previous decisions taken in respect of his complaints.
23. On an unspecified date the applicant challenged the closure of the criminal investigations of the ill-treatment before a court. On 14 April 2003 the court dismissed the applicant’s claim, finding that the decision to discontinue prosecution of the officers and G.’s relatives had been lawful and reasonable. The applicant submitted that on 10 June 2003 he had appealed against this decision.
24. On 7 August 2003 the Military Court of the Dalnevostochniy Command examined the applicant’s appeal against the decision of 5 February 2003, reversed the latter decision and decided to discontinue the proceedings on the grounds that the applicant’s complaint was in fact a request for a supervisory review. On 13 March 2006 the same court examined the applicant’s request for a supervisory review of the decision of 5 February 2003 and rejected it having found that the applicant’s complaints were in essence an expression of his disagreement with his conviction.
25. On 17 March 2006 the same court examined and rejected the applicant’s request for supervisory review of the decision of 14 April 2003. It upheld the earlier judicial assessment and the decision to discontinue criminal proceedings concerning the applicant’s ill-treatment.
26. The applicant was detained in the Ussuriysk no. IZ-25/2 detention facility:
– from 16 February to 15 June 2001 in cell no. 76, which measured 42 square metres;
– from 15 June 2001 to 5 March 2003 in cell no. 72, which measured 16.8 square metres (except for several short-term transfers to other facilities for the purposes of the criminal proceedings and an eight-month transfer to Moscow for the appeal hearing);
– from 27 February to 3 March 2003 in cell no. 11, which measured 21.4 square metres.
27. The conditions in the IZ-25/2 facility are partly in dispute between the parties.
28. According to the applicant, the cells were overcrowded and there was a shortage of sleeping places; the inmates slept on the concrete floor, huddled together to keep warm; there had been no, or insufficient, heating; the facility was overrun by rats; the light and water supply were often interrupted. In support of his claims he provided a copy of his letter to the Ussuriysk Prosecutor’s Office dated 16 June 2001. In this letter the applicant complained that he was detained in cell no. 76, which was extremely overcrowded. He indicated that he shared the cell with thirty-eight other detainees and that there had not been enough beds or mattresses and that “everybody slept on the bare floor”.
29. The Government submitted that the information on the number of inmates in the cells in the relevant period was not available because the registration logs for that period were destroyed on 5 March 2007, after the expiry of the term of their storage in archives. However, relying on the certificate by the director of the facility, issued on 28 May 2007, and by the warden reports, issued on of 29 May 2007, they contended that the conditions in the facility were satisfactory and that the number of detainees in each cell did not exceed the number of sleeping places. The Government submitted that the applicant had an individual bunk and was provided with bedding. All cells were disinfected on a “regular basis”. The sanitary and hygienic conditions in the facility were in conformity with the regulations. All cells were equipped with a lavatory pan and sink. The pan was separated from the living area by a one-metre-high partition wall with a curtain.
30. The Government submitted a copy of the sanitary inspection report issued on 1 July 2002 by the Department of Sanitary and Epidemiological Control of the Chief Penitentiary Department of the Ministry of Justice in respect of facility no. IZ-25/2. The report contained a detailed questionnaire filled in by the sanitary inspectors in the presence of the facility administration and, inter alia, stated that:
– the facility was designed for 720 inmates;
– at the time of inspection there were 1,245 inmates;
– personal living space in the cells was 2.31 square metres for male inmates (§ 4.1);
– individual sleeping facilities and bedding were available for 50% of inmates (§§ 4.12 and 4.14);
– there were insects and rodents in the facility (§ 4.18);
– sanitary facilities in living quarters were insufficient and dilapidated (§ 5.6).
31. Section 22 of the Detention of Suspects Act (Federal Law no. 103FZ of 15 July 1995) provides that detainees should be given free food sufficient to maintain them in good health according to standards established by the Government of the Russian Federation. Section 23 provides that detainees should be kept in conditions which satisfy sanitary and hygienic requirements. They should be provided with an individual sleeping place and given bedding, tableware and toiletries. Each inmate should have no less than four square metres of personal space in his or her cell.
32. The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (“the CPT”) visited the Russian Federation from 2 to 17 December 2001. The section of its Report to the Russian Government (CPT/Inf (2003) 30) dealing with the conditions of detention in temporary holding facilities and remand establishments and the complaints procedure read as follows:
“b. temporary holding facilities for criminal suspects (IVS)
26. According to the 1996 Regulations establishing the internal rules of Internal Affairs temporary holding facilities for suspects and accused persons, the living space per person should be 4 m². It is also provided in these regulations that detained persons should be supplied with mattresses and bedding, soap, toilet paper, newspapers, games, food, etc. Further, the regulations make provision for outdoor exercise of at least one hour per day.
The actual conditions of detention in the IVS establishments visited in 2001 varied considerably.
...
45. It should be stressed at the outset that the CPT was pleased to note the progress being made on an issue of great concern for the Russian penitentiary system: overcrowding.
When the CPT first visited the Russian Federation in November 1998, overcrowding was identified as the most important and urgent challenge facing the prison system. At the beginning of the 2001 visit, the delegation was informed that the remand prison population had decreased by 30,000 since 1 January 2000. An example of that trend was SIZO No 1 in Vladivostok, which had registered a 30% decrease in the remand prison population over a period of three years.
...
The CPT welcomes the measures taken in recent years by the Russian authorities to address the problem of overcrowding, including instructions issued by the Prosecutor General’s Office, aimed at a more selective use of the preventive measure of remand in custody. Nevertheless, the information gathered by the Committee’s delegation shows that much remains to be done. In particular, overcrowding is still rampant and regime activities are underdeveloped. In this respect, the CPT reiterates the recommendations made in its previous reports (cf. paragraphs 25 and 30 of the report on the 1998 visit, CPT (99) 26; paragraphs 48 and 50 of the report on the 1999 visit, CPT (2000) 7; paragraph 52 of the report on the 2000 visit, CPT (2001) 2).
...
125. As during previous visits, many prisoners expressed scepticism about the operation of the complaints procedure. In particular, the view was expressed that it was not possible to complain in a confidential manner to an outside authority. In fact, all complaints, regardless of the addressee, were registered by staff in a special book which also contained references to the nature of the complaint. At Colony No 8, the supervising prosecutor indicated that, during his inspections, he was usually accompanied by senior staff members and prisoners would normally not request to meet him in private ‘because they know that all complaints usually pass through the colony’s administration’.
In the light of the above, the CPT reiterates its recommendation that the Russian authorities review the application of complaints procedures, with a view to ensuring that they are operating effectively. If necessary, the existing arrangements should be modified in order to guarantee that prisoners can make complaints to outside bodies on a truly confidential basis.”
VIOLATED_ARTICLES: 3


ITEMID: 001-101566
LANGUAGEISOCODE: ENG
RESPONDENT: TUR
BRANCH: CHAMBER
DATE: 2010
DOCNAME: CASE OF LORDOS AND OTHERS v. TURKEY
IMPORTANCE: 4
CONCLUSION: Violation of P1-1;Violation of Art. 8;No violation of Art. 8
JUDGES: David Thór Björgvinsson;Ján Šikuta;Lech Garlicki;Nicolas Bratza;Päivi Hirvelä
TEXT: 10. The applicants were born in 1940, 1941, 1938, 1952, 1946, 1953, 1925, 1940, 1929, 1952, 1926, 1948 and 1948 respectively and live in southern Cyprus.
11. The applicants alleged that their homes, as well as other immovable properties, had been in the districts of Famagusta and Kyrenia (northern Cyprus). In July 1974, as the Turkish troops were advancing, they had been forced to leave their houses and belongings.
12. The properties claimed by the applicants were described as follows in the Court's final decision on the admissibility of the application.
13. Properties of applicant no. 1, Mr Constantinos G. Lordos:
(1) Kyrenia, Livera, Fyrades-Tsounni, Plot No. 1, Sheet/Plan: 5/54, Area: 47:2:335m² Use: Land, Share: 1/15;
(2) Famagusta, Egkomi, Salamina, Plot No. 56/1, Sheet/Plan: 24/42, Area: 0:8:900m², Use: Land, Share: 1/12;
(3) Famagusta, Trikomo, Finikoudia/Leivadia, Plot Nos. 209, 211, 199/1, Sheet/Plan: 15/43, Area: 0:3:213, 0:1:894, 1:3:409, Use: Land, Share: 1/3, 1/3, ½ respectively;
(4) Famagusta, Trikomo, Pervolia Trikomou/Kokkines, Plot No. 140/1, Sheet/Plan: 15/43, Area: 1:6:92, Use: Land, Share: 1/3;
(5) Famagusta, Vasili, Ammos, Plot Nos. 172, 173, 179, Sheet/Plan: 8/21, Area: 0:8:455m², 0:8:848, 0:4:977, Use: Land, Share: 1/8 in total;
(6) Famagusta, Vasili, Ammos, Plot Nos. 190, 191, 193, 194, 195, 196, Sheet/Plan: 8/21, Area: 0:6:924, 0:9:912, 0:1:800, 0:1:791, 0:2:370, 0:2:568, Use: Land, Share: ½ in total;
(7) Famagusta, Avgorou, Mantres tou Tzipou, Plot No. 187, Sheet/Plan: 32/40, Area: 0:6:331, Use: Land, Share: ¼;
(8) Famagusta, Avgorou, Mantres tou Tzipou, Plot Nos. 204, 205, 206, 207, 208/1, 208/2, Sheet/Plan: 32/40, Area: 1:1:3, 1:3:704, 0:4:513, 0:4:696, 0:2:655, 0:2:508, Use: Land, Share: ¼;
(9) Famagusta, Ayios Theodoros, Valia, Plot No. 14, Sheet/Plan: 15/24, Area: 1:1:520, Use: Land, Share: 1/5;
(10) Famagusta, Ayios Nicolaos, Plot No. 1265, Sheet/Plan: 33/13.4.4, Use: Shop A Lordos Cyprian Court, Share: No. 1265, Sheet/Plan: 33/13.4.4, Use: Shop D - Lordos Cyprian Court, Share: 100%;
(11) Famagusta, Chrysi Akti, Plot No. 777, Sheet/Plan: 33/21.1.2, Block A, Area: 0:1:864, Use: Land and buildings, Share: ¼;
(12) Famagusta, Ayios Nicolaos, Plot No. 1009, Sheet/Plan: 33/12.6.2, Block D, Area 0:0:660, Use: Land and building 10 shops, 8 flats, 2 underground stores, Share: ¼;
(13) Famagusta, Ayios Memnon, Plot Nos. 370, 379, Sheet/Plan: 33/29.3.4, Block E, Area: 0:3:821, Use: Land, Share: 7/20;
(14) Famagusta, Acropolis, Plot No. 463, Sheet/Plan: 33/21/4.3, Block J, Area: 0:0:260, Use: Building site, Share: ¼;
(15) Famagusta, Ayios Loucas, Plot Nos. 83, 85, Sheet/Plan: 33/3, Block C, Area: Unknown, Use: Land under development, Share: ¼;
(16) Famagusta, Salamina, Plot No. 19, Sheet/Plan: 24/59, Block D, Area: 1:8:80, Use: Land in industrial area, Share: 1/6;
(17) Famagusta, Salamina, Plot Nos. 1192, 1194, 1181, 1183, Sheet/Plan: 24/60, Block C, Area: 0:0:521, 0:0:535, 0:0:518, 0:0:530, Use: Building site, Share: 1/10, 1/10, ¼, ¼ respectively;
(18) Famagusta, Salamina, Plot No. 49, Sheet/Plan:. 24.60, Block D, Area: 6:5:350, Use: Land, Share: 11/80;
(19) Famagusta, Salamina, Plot No. 949, Sheet/Plan: 24/60, Block C, Area: 4:7:9, Use: Land under development, Share: 1/10;
(20) Famagusta, Salamina, Plot Nos. 180, 181, 183, Sheet/Plan: 24/59, Block D, Area: 0:0:970, 0:0:838, 0:0:731, Use: Building sites, Share: ¼;
(21) Famagusta, Salamina, Plot Nos. 192, 194, 195, Sheet/Plan: 33/3, Block D, Area: 0:0:793, 0:0:771, 0:0:801, Use: Building sites, Share: ¼;
(22) Famagusta, Salamina, Plot No. 667, Sheet/Plan: 24/59, Block D, Area: 0:0:533, Use: Building site, Share: ¼;
(23) Famagusta, Salamina, Plot No. 1960, Sheet/Plan: 24/59, Block D, Area: 4:5:732, Use: Land, Share: 17/100;
(24) Famagusta, Ayios Loucas, Plot Nos. 1650, 1651, 1656, 1657, 1658, 1659, 1665, 1667, 1668, 1680, Sheet/Plan: 33/3, Block C, Area: Unknown, Use: Land, Share: 7/20;
(25) Famagusta, Ayios Loucas, Plot No. 1703, Sheet/Plan: 33/3, Block C, Area: Unknown, Use: Building site, Share: 7/20;
(26) Famagusta, Ayios Nicolaos, Plot No. 1006, Sheet/Plan: 33/12/6.2, Block D, Area: 0:0:552, Use: Land and buildings, 6 shops, 4 bedroom (offices), 2 underground stores, Share ¼;
(27) Famagusta, Chrysi Akti, Plot No. 781, Sheet/Plan: 3/12.1.2. Block A, Area: 1:0:1455, Use: Golden Plage Hotel (3 star) (96 rooms, reception room, bar, cafeteria, restaurant), Share: ¼;
(28) Famagusta, Chrysi Akti, Plot No. 181, Sheet/Plan: 33/21.1.2, Block A, Area: 0:0:466, Use: Building site, Share: ¼;
(29) Famagusta, Kantara, Plot No. 56, Sheet/Plan: 68/39, Area: Unknown, Use: Kantara Lodge (9 double rooms, billiard room, sitting room), Share ¼;
(30) Famagusta, Chrysi Akti, Plot No. 850, Sheet/Plan: 33/21.2.1, Block A, Area: Unknown, Use: Studio No. 6 Lordos des Sirenes, Share: 100%;
(31) Famagusta, Chrysi Akti, Plot No. 850, Sheet/Plan: 33/21.2.1, Block A, Area: Unknown, Use: Flat No. 9 Lordos des Sirenes, Share: 100%;
(32) Famagusta, Ayios Ioannis, Plot No. 645, Sheet/Plan: 33/12.3.2 Block C, Area: 0:1:815, Use: Shop No. 1- Lordos Waterfront, Share: 100%;
(33) Famagusta, Ayios Ioannis, Plot No. 645, Sheet/Plan: 33/12.3.2, Block C, Area: Unknown, Use: Flat No.4 – 1st Floor Lordos Waterfront, Share: 100%;
(34) Famagusta, Ayios Ioannis, Plot No. 645, Sheet/Plan: 33/12.3.2, Block C, Area: Unknown, Use: Flat No. 36 - 2 bedrooms - 5th Floor Lordos Waterfront, Share: 100%;
(35) Famagusta, Ayios Ioannis, Plot No. 645, Sheet/Plan: 33/12.3.2, Block C, Area: Unknown, Use: Flat No 31 4th Floor, Lordos Waterfront, Share: ¼;
(36) Famagusta, Ayios Ioannis, Plot No. 714, Sheet/Plan: 33/13/1.1, Block C, Area: Unknown, Use: Shop B- Lordos Seagate Court, Share: 100%;
(37) Famagusta, Ayios Ioannis, Plot No. 714, Sheet/Plan: 33/13.1.1, Block C, Area: Unknown, Use: Flat No. 2 - 1 bedroom ground floor - Lordos Seagate Court, Share: 100%;
(38) Famagusta, Ayios Ioannis, Plot No. 714, Sheet/Plan: 33/13.1.1, Block C, Area: Unknown, Use: Flat No. 33 - 2 bedrooms - 7th Floor Lordos Seagate Court;
(39) Famagusta, Ayios Ioannis, Plot No. 714, Sheet/Plan: 33/13.1.1, Block C, Area: Unknown, Use: Flat No. 52 - 2 bedrooms - 1st Floor Lordos Seagate Court, Share: 100%;
(40) Famagusta, Ayios Ioannis, Plot No. 714, Sheet/Plan: 33/13.1.1, Block C, Area: Unknown, Use: Flat No. 54 - 2 bedrooms - 2nd Floor Lordos Seagate Court, Share: 100%;
(41) Famagusta, Ayios Ioannis, Plot No. 714, Sheet/Plan: 33/13.1.1, Block C, Area: Unknown, Use: Flat No. 62 - 2 bedrooms - Ground Floor Lordos Seagate Court, Share: 100%;
(42) Famagusta, Ayios Ioannis, Plot No. 714, Sheet/Plan: 33/13.1.1, Block C, Area: Unknown, Use: Flat No. 75 - 2 bedrooms - 4th Floor Lordos Seagate Court, Share: 100%;
(43) Famagusta, Ayios Ioannis, Plot No. 714, Sheet/Plan: 33/13.1.1, Block C, Area: Unknown, Use: Flat No. 77 - 2 bedrooms - Ground Floor Lordos Seagate Court, Share: 100%;
(44) Famagusta, Ayios Ioannis, Plot No. 714, Sheet/Plan: 33/13.1.1, Block C, Area: Unknown, Use: Flat No. 17 - 3 bedrooms - 3rd Floor Lordos Seagate Court, Share: 100%;
(45) Famagusta, Ayios Ioannis, Plot No. 714, Sheet/Plan: 33/13.1.1, Block C, Area: Unknown, Use: Flat No. 56 - 2 bedrooms - 3rd Floor Lordos Seagate Court, Share: ¼;
(46) Famagusta, Ayios Ioannis, Plot No. 714, Sheet/Plan: 33/13.1.1, Block C, Area: Unknown, Use: Flat No. 58 - 2 bedrooms - 4th Floor Lordos Seagate Court, Share: ¼;
(47) Famagusta, Salamina, Plot No. 542, Sheet/Plan: 24/51, Block D, Area: 0:0:557, Use: Building site, Share: ¼;
(48) Famagusta, Kennedy Avenue, Plot No. 982, Sheet/Plan: 33/21.2.3 +33/21.2.1, Area: Unknown, Use: Apollon Court, Flats facing sea furnished and rented as hotel apartments, Share: 100%;
(49) Famagusta, Kennedy Avenue, Plot No. 850, Sheet/Plan: 33.21.2.1, Area: Unknown, Use: Shops, Share: ¼;
(50) Famagusta, Kennedy Avenue, Plot No. 850, Sheet/Plan: 33/21.2.1, Area: Unknown, Use: 2 Flats facing the sea in Lordos les Sirenes Court, Share: 100%;
(51) Famagusta, Stavros, Plot No. 995, Sheet/Plan: 33/13.4.IV, Area: 0:0:21, Use: Lordos Etoile Court- 1 Flat facing sea, Share: 100%;
(52) Famagusta, Ayios Nicolaos Plot Nos. 561, 563, 355, Sheet/Plan: 33/13.4.IV, Area: Unknown, Use: one three bedroom flat, Share: 100%;
(53) Famagusta, Salamina, Plot No - Sheet Number - Unknown, Area: Unknown, Use: Lordos Seagate Court - 2 one bedroom flats - 1 three bedroom flat - 2 two bedroom flats, Share: 100%;
(54) Famagusta, Tricomo, Plot No. 89, Sheet/Plan: 15/59, Area: 0:3:711, Use: Seaside land near Nicolas Beach, Share: ½;
(55) Famagusta, Ayios Sergios, Plot No. 60, Sheet/Plan: 24/11, Area: 0:3:202, Use: Seaside land, Share: ½;
(56) Famagusta, Ayios Sergios, Plot Nos. 261, 262, Sheet/Plan: 24/18, Area: 0:4:770, 0:6:244, Use: Seaside land, Share: ½;
(57) Famagusta, Ayios Sergios, Plot No. 68/2, Sheet/Plan: 24/10, Area: Unknown, Use: 15 Building sites, Share: ¼;
(58) Famagusta, Limnia, Plot and Sheet Nos. Unknown, Area: 6 Donums, Use: Land abutting main Famagusta Nicosia new road;
(59) Famagusta, Ayios Sergios, Plot and Sheet Nos. Unknown, Area: 16 Donums, Use: Orange Garden at Ayios Sergios, Apostolos Varnavas;
(60) Famagusta, Ayios Loucas, Salamis Avenue, Plot Nos. 4, 25, 27, 34, 38, Sheet/Plan: 24/59.E.1, Area: Unknown, Use: 5 Building sites in Eucalyptus Plantation, Share: 100%;
(61) Famagusta, Ayios Loucas, Plot No. 1960, Sheet/Plan: 24/59, Area: 34:0:2655, Use: Building land, Share: 17/100;
(62) Famagusta, Neoptolemos Street, Plot Nos. 406, 1457, 1460, 1474, Sheet/Plan: 24/59, Area: unknown, 0:0:541, 0:0:523, 0:0:505, Share: 100% with exception of Plot No. 1457 where share ½;
(63) Famagusta, Ayios Loucas, Salamis Avenue, Plot No. Unknown, Sheet/Plan: 24/59, Area: Unknown, Use: Building site, Eucalyptus plantation, Share: ½;
(64) Famagusta, Ayios Loucas, Plot No. Unknown, Sheet/Plan: 24/59.E.1 +11, Area: Unknown, Use: Building site No. 30, Eucalyptus Plantation, Share: ¼;
(65) Famagusta, Ayios Loucas, Plot Nos. 156, 324, 289, Sheet/Plan: 24/59- 33/03, Area: 5:2:939, 1:1:262, 3:0:109, Use: Building land: 90 Donums abutting main Salamis Avenue, UN Camp, Share: ½;
(66) Famagusta: Ayios Loucas, Karaolos, Plot No. 1480, Sheet/Plan: 24/60, Area: 1:5:423, Use: Building land, Share: 1/10;
(67) Famagusta, Karaolos, Plot No. 506, 507, Sheet/Plan: 33/4.W.1 + 24/60.W.2, Area: 16 Donums, Use: 9 Building sites, Share: ½;
(68) Famagusta Ayios Loucas, Plot Nos. 204 and 205 Sheet/Plan: 33/4, Area: 1:1:814, Use: 9 Donums, Building sites in the vicinity of New Famagusta Harbour, Share: ¼;
(69) Famagusta, Ayios Loucas, Plot No. 395, Sheet Plan: 33/59, Area: Unknown, Share: ¼.
14. On 8 July 2003 the representative of applicant no. 1 declared that his client wished to add further properties to those indicated above. The Government considered that the Court should not take into consideration additional claims submitted after the adoption of the decision on admissibility.
15. Properties of applicant no. 2, Mr Kikis L. Christofides:
(1) Famagusta, Ayios Ioannis, Plot No. 272, Sheet/Plan: 33/12.3.4, Area: 521m², Use: Residence on 1st floor and rented shops and offices on ground Floor, Share: ½;
(2) Famagusta, Kantara Davlos, Plot No. 7/50, Sheet/Plan: 68.13/1/1, Area: Unknown, Use: House with a garden, Share: 100%;
(3) Famagusta, Lefkonico, Registration No. 4400, Plot No. 300/1, Sheet/Plan: 14/60, Area: 0:1:822, Use: Buildings & buildings sites all for rent, Share: 100%;
(4) Famagusta, Ayios Nicolaos, Plot No. 293, Sheet/Plan: 33/13, Block E, Area: 0:1:130, Use: multi-storey building complex of hotel apartments all for rent, Share: ½;
(5) Famagusta, Ayios Nicolaos, Plot No. 1002 Sheet/Plan: 33/12 Block D, Area: 736m², Use: Building & offices, one of which was the applicant's office, Share: ½;
(6) Famagusta, Larnaca Road, Registration No. 5355, Plot No. 776, Sheet/Plan: 3319, Block D, Area: 1:3:3200, Use: Building site for development or sale, Share: ½;
(7) Famagusta, Larnaca Road, Plot No. 782, Sheet/Plan: 33/19, Block D, Area: Unknown, Use: Building site for development or sale, Share: 100%;
(8) Famagusta, Larnaca Road, Plot No. 783, Sheet/Plan: 33/19, Block D, Area: Unknown, Use: Building site for development or sale, Share: 100%;
(9) Famagusta, Larnaca Road, Plot No. 784, Sheet/Plan: 33/19, Block D, Area: Unknown, Use: Building site for development or sale, Share: 100%;
(10) Famagusta, Larnaca Road, Plot No. 785, Sheet/Plan: 33/19, Block D, Area: Unknown, Use: Building site for development or sale, Share: 100%;
(11) Famagusta, Larnaca Road, Plot No. 786, Sheet/Plan: 33/19, Block D, Area: Unknown, Use: Building site for development or sale, Share: 100%;
(12) Famagusta, Larnaca Road, Plot No. 787, Sheet/Plan: 33/19, Block D, Area: Unknown, Use: Building site for development or sale, Share: 100%;
(13) Famagusta, Larnaca Road, Plot No. 788, Sheet/Plan: 33/19, Block D, Area: 0:1:2200, Use: Building site for development or sale, Share: 100%;
(14) Famagusta, Larnaca Road, Plot No. 789, Sheet/Plan: 33/19, Block D, Area: 0:1:2200, Use: Building site for development or sale, Share: 100%;
(15) Famagusta, Larnaca Road, Registration No. 5385, Plot No. 806, Sheet/Plan: 33/19, Block D, Area: 0:1:500, Use: Plot of land for development or sale, Share: ½;
(16) Famagusta, Larnaca Road, Registration No. 5386, Plot No. 807, Sheet/Plan: 33/19, Block D, Area: 0:1:3200, Use: Plot of land for development or sale, Share: ½;
(17) Famagusta, Larnaca Road, Registration No. 5394, Plot No. 815, Sheet/Plan: 33/19, Block D, Area: 1:2:400, Use: Plot of land for development or sale, Share: ½;
(18) Famagusta, Ayios Lukas, Plot No. 617, Sheet/Plan: 33/11, Block B, Area: Unknown, Use: Plot of land with a well, Share: 100%.
16. Applicant no. 2 also referred to 31 properties which were registered in the name of his wife, Mrs Eleni. K. Christofides, and one property which was registered in the name of his mother, Mrs C. L. Christofides.
17. Properties of applicant no. 3, Mr Zacharias Spyridonos:
- Famagusta, Monarga, Boghas, Registration No. 289, Plot No. 370/30, Sheet/Plan: 289, Area: 0:2:2000, Use: Residence along with other buildings and land, Share: 100%.
18. Applicant no. 4, Mr Stavros Ioannou, claimed that his father, Mr Yiannis Ioannou, was the owner of the following property:
- Famagusta, Ayia Zoni, Plot No. 162, Sheet/Plan: 33/21.4.1, Area: 2809 m², Use: Residence, Share: 100%.
19. Properties of applicant no. 5, Mr Areti G. Ionides:
(1) Famagusta, Ayios Nicolaos, Plot No. 1265, Sheet/Plan: 33/13.4.IV Block E, Area: Unknown, Use: Shop G - ground floor, Lordos Cyprian Court, Share: 100%;
(2) Famagusta, Chrysi Akti, Plot No. 777, Sheet/Plan: 33/21.I.II – Block A, Area: 1:1:2063, Use: Land and buildings, Share: ¼;
(3) Famagusta, Ayios Nicolaos, Plot No. 1009, Sheet/Plan: 33/12.6.II, Block D, Area: 0:1:3504, Use: 10 shops, 8 flats, 2 underground stores, Share: ¼;
(4) Famagusta, Ayios Memnon, Plot Nos. 370,379, Sheet/Plan: 33/29.3.III, Block E, Area: 0:3: 821, Use: Land, Share: ¼;
(5) Famagusta, Akropolis, Plot No. 463, Sheet/Plan: 33/21.4.III, Area: 0:0:2798, Use: Building site, Share: ¼;
(6) Famagusta, Ayios Loucas, Plot Nos. 85, 83, Sheet/Plan: 33/3 W.2, Block C, Area: Unknown, Use: Land under development, Share: ¼;
(7) Famagusta, Salamina, Plot No. 19, Sheet/Plan: 24/59.W.2, Block C, Area: 13:2:211, Use: Land in industrial area, Share: 1/6;
(8) Famagusta, Salamina, Plot Nos. 1181, 1183, 1192, 1194, Sheet/Plan: 24/60. W.2, Block C, Area: 0:1:1975, 0:1:2104, 0:1:2007, 0:1:2158, Use: Building site, Share: ¼;
(9) Famagusta, Salamina, Plot No. 49, Sheet/Plan: 24/60.W.2, Block D, Area: 48:3:1421, Use: Land, Share: ¼;
(10) Famagusta, Salamina, Plot No. 949, Sheet/Plan: 24/60.W.2, Block C, Area: 35:0:2000, Use: Land under development, Share: ¼;
(11) Famagusta, Salamina, Plot Nos. 180, 181, 183, Sheet/Plan: 24/59.E.2, Block D, Area: 0:2:3240, 0:2:1820, 0:2:668, Use: Building sites, Share: ¼;
(12) Famagusta, Salamina, Plot Nos. 192, 194, 195, Sheet/Plan: 33/3.E.1, Block D, Area: 0:2:1335, 0:2:1098, 0:2:1421, Use: Building sites, Share: ¼;
(13) Famagusta, Salamina, Plot No. 667, Sheet/Plan: 24/59.W.1, Block D, Area: 0:1:2137, Use: Building site, Share: ¼;
(14) Famagusta, Salamina, Plot No. 1960, Sheet/Plan: 24/59.E.1, Block D, Area: 34:0:2655, Use: Land, Share: ¼;
(15) Famagusta, Ayios Loucas, Plot Nos. 1650, 1651, 1656, 1657, 1658, 1659, 1665, 1667, 1668, 1680, 1703, Sheet/Plan: 33/3.E.1, Block C, Area: Unknown, Use: Building sites, Share: ¼;
(16) Famagusta, Ayios Nicolaos, Plot No. 1006, Sheet/Plan: 33/12.6.II, Block D, Area: 0:1:2341, Use: 6 shops, 4 bedrooms-offices, 2 underground stores, Share: 1/8;
(17) Famagusta, Chrysi Akti, Plot No. 781, Sheet/Plan: 33/21.1.2, Block A, Area: 1:0:1455, Use: Golden Plage Hotel (3 star hotel, 96 rooms, reception room, bar, cafeteria, restaurant, upper ground floor), Share: ¼;
(18) Famagusta, Chrysi Akti, Plot No. 181, Sheet/Plan: 33.21.1.II, Block A, Area: 0:1:1415, Use: Building site, Share: ¼;
(19) Famagusta, Kantara, Plot Nos. 56, 68/39, Sheet/Plan: VII/50.6.I, Area: Unknown, Use: Kantara Lodge (9 double rooms, billiard room, sitting room), Share: ¼;
(20) Famagusta, Ayios Ioannis, Plot No. 645, Sheet/Plan: 33/12.3.II, Block C, Area: 1:1:1536, Use: Shop No. 6 - Lordos Waterfront, Share: ¼;
(21) Famagusta, Ayios Ioannis, Plot No. 645, Sheet/Plan: 33/12.3.II, Block C, Area: 1:1:1536, Use: Flat No. 32 - 2 bedrooms - 4th Floor - Lordos Waterfront, Share: 100%;
(22) Famagusta, Ayios Ioannis, Plot No. 645, Sheet/Plan: 33/12.3.II, Block C, Area: 1:1:1536, Use: Flat No. 31 - 2 bedrooms - 4th Floor - Lordos Waterfront, Share: ¼;
(23) Famagusta, Ayios Ioannis, Plot No. 714, Sheet/Plan: 33/13.1.1, Block C, Area: Unknown, Use: Shop C - Lordos Seagate Court, Share: 100%;
(24) Famagusta, Ayios Ioannis, Plot No. 714, Sheet/Plan: 33/13.1.1, Block C, Area: Unknown, Use: Flat No. 11 - 1 bedroom - 2nd Floor, Lordos Seagate Court, Share: 100%;
(25) Famagusta, Ayios Ioannis, Plot No. 714, Sheet/Plan: 33/13.1.1, Block C, Area: Unknown, Use: Studio No. 46 - 11th Floor - Lordos Seagate Court, Share: 100%;
(26) Famagusta, Ayios Ioannis, Plot No. 714, Sheet/Plan: 33/13.1.1, Block C, Area: Unknown, Use: Flat No. 38 - 2 bedrooms - 9th Floor - Lordos Seagate Court, Share: 100%;
(27) Famagusta, Ayios Ioannis, Plot No. 714, Sheet/Plan: 33/13.1.1, Block C, Area: Unknown, Use: Flat No. 105 - 2 bedrooms - ground floor, Lordos Seagate Court, Share: 100%;
(28) Famagusta, Ayios Ioannis, Plot No. 714, Sheet/Plan: 33/13.1.1, Block C, Area: Unknown, Use: Flat No. 13 - 3 bedrooms - 2nd floor, Lordos Seagate Court, Share: 100%;
(29) Famagusta, Ayios Ioannis, Plot No. 714, Sheet/Plan: 33/13.1.1, Block C, Area: Unknown, Use: Flat No. 56 - 2 bedrooms - 3rd floor, Lordos Seagate Court, Share: ¼;
(30) Famagusta, Ayios Ioannis, Plot No. 714, Sheet/Plan: 33/13.1.1, Block C, Area: Unknown, Use: Flat No. 58 - 2 bedrooms - 4th Floor, Lordos Seagate Court, Share: ¼;
(31) Famagusta, Salamina, Plot No. 542, Sheet/Plan: 24/51.E.1, Area: 0:1:2395, Use: Building site, Share: ¼.
20. On 24 July 2003 the representative of applicant no. 5 declared that his client wished to add further properties to those indicated above. The Government considered that the Court should not take into consideration additional claims submitted after the adoption of the decision on admissibility.
21. Property of applicant no. 6, Mr Michalis Evangelides:
- Famagusta, Chrisi Akti, Plot No. 701, Sheet/Plan: 33//13.4.3, Area: Unknown, Use: Home, Share: 100% according to the documents submitted at the admissibility stage, ½ according to the expert report submitted with the just satisfaction claims.
22. Applicant no. 8, Mr Christos Hadjimanolis, claimed that his wife, Mrs Melani Hadjimanoli, was the owner of the following property:
- Famagusta, Ayia Zoni, Registration No. 9514, Plot No. 308, Sheet/Plan: 33/20.6. IV, Area: 0:2:1152, Use: Residence, Share: 100%.
23. Properties of applicant no. 9, Mr Panayiotis Sergis:
(1) Famagusta, Trikomo, Kasallos, Plot No., Area, Sheet/Plan and Registration Number could not be obtained. Use: Building site for sale or development, Share: 100%;
(2) Famagusta, Trikomo, Kotsines, Registration No. 6447, Plot No. 292/6, Sheet/Plan: 283/1/2, Area: 0:1: 2400, Use: Building site for sale or development, Share: 100%;
(3) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6449, Plot Nos. 283/1/4, 291/1, 292/8, Sheet/Plan: 15/43.E.II, Area: 0:1:2300, Use: Building site for sale or development, Share: 100%;
(4) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6456, Plot No. 283/1/5, Sheet/Plan: 15/43.E.II, Area: 0:1:3400, Use: Building site for sale or development, Share: 100%;
(5) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6457, Plot No. 283/1/6, Sheet/Plan: 15/43.E.II, Area: 0:2:0, Use: Building site for sale or development, Share: 100%;
(6) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6458, Plot No. 283/1/7, Sheet/Plan: 15/43.E.II, Area: 0:2:0, Use: Building site for sale or development, Share: 100%;
(7) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6452, Plot Nos. 283/1/8, 291/4 Sheet/Plan: 15/43.E.II, Area: 0:1:2300, Use: Building site for sale or development, Share: 100%;
(8) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6453, Plot Nos. 283/1/9, 291/5 Sheet/Plan: 15/43.E.II, Area: 0:1:2300, Use: Building site for sale or development, Share: 100%;
(9) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6459, Plot No. 283/1/10, Sheet/Plan: 15/43.E.II, Area: 0:2:0, Use: Building site for sale or development, Share: 100%;
(10) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6460, Plot No. 283/2/1, Sheet/Plan: 15/43.E.II, Area: 0:2:100, Use: Building site for sale or development, Share: 100%;
(11) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6461, Plot No. 283/2/1, Sheet/Plan: 15/43.E.II, Area: 0:1:2400, Use: Building site for sale or development, Share: 100%;
(12) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6462, Plot No. 283/2/2, Sheet/Plan: 15/43.E.II, Area: 0:1:2800, Use: Building site for sale or development, Share: 100%;
(13) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6463, Plot No. 283/2/3, Sheet/Plan: 15/43.E.II, Area: 0:1:2700, Use: Building site for sale or development, Share: 100%;
(14) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6464, Plot No. 283/2/4, Sheet/Plan: 15/43.E.II, Area: 0:1:2300, Use: Building site for sale or development, Share: 100%;
(15) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6465, Plot Nos. 283/2/5, 291/8, Sheet/Plan: 15/43.E.II, Area: 0:1:2300, Use: Building site for sale or development, Share: 100%;
(16) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6466, Plot Nos. 283/2/6, 290/1, 291/9, Sheet/Plan: 15/43.E.II, Area: 0:1:2700, Use: Building site for sale or development, Share: 100%;
(17) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6467, Plot Nos. 290/2, 291/10, Sheet/Plan: 15/43.E.II, Area: 0:1:2100, Use: Building site for sale or development, Share: 100%;
(18) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6468, Plot No. 291/6, Sheet/Plan: 15/43.E.II, Area: 0:1:2300, Use: Building site for sale or development, Share: 100%;
(19) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6468, Plot No. 291/7, Sheet/Plan: 15/43.E.II, Area: 0:1:1900, Use: Building site for sale or development, Share: 100%;
(20) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6442, Plot Nos. 292/1, 305.3/2, Sheet/Plan: 15/43.E.II, Area: 0:1:2900, Use: Building site for sale or development, Share: 100%;
(21) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6443, Plot Nos. 292/2, 305.3/3, Sheet/Plan: 15/43.E.II, Area: 0:1:3200, Use: Building site for sale or development, Share: 100%;
(22) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6444, Plot Nos. 292/3, 305.3/4, Sheet/Plan: 15/43.E.II, Area: 0:2:400, Use: Building site for sale or development, Share: 100%;
(23) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6445, Plot No. 292/4, Sheet/Plan: 15/43.E.II, Area: 0:1:2600, Use: Building site for sale or development, Share: 100%;
(24) Famagusta, Trikomo, Kotsines, Karpasias Road, Registration No. 6441, Plot No. 305.3/1, Sheet/Plan: 15/43.E.II, Area: 0:1:2900, Use: Building site for sale or development, Share: 100%.
24. Applicant no. 10, Mr Georgios Misirlis, claimed that his wife, Mrs Mari G. Misirli, was the owner of the following property:
- Famagusta, Ayios Ioannis, Plot No. 287, Sheet/Plan: 33/12.3.IV, Block B, Area: Unknown, Use: the 2nd floor was a residence and the ground floor were shops for rent, Share: 100%.
25. Property of applicant no. 12, Mrs Eleni (alias Lenia) Andoniadou:
- Famagusta, Ayios Nicolaos, Plot No. 170, Sheet/Plan: 33/12, Block A, Area: 733m², Use: Residence, Share: ½.
26. Property of applicant no. 13, Mr Stelios Mandrides:
- Famagusta, Chrysi Akti, Plot No. 28, Sheet/Plan: 33/21.2.3, Block C, Area: Unknown, Use: Apartment, residence (2 flats), Share: 100%;
27. Applicant no. 13 also claimed that Mandrides Properties Ltd and Famagusta Hotels Ltd, two companies of which he and his sister Athina were the sole shareholders, were the owners of the following properties:
(1) Famagusta, Ayios Nicolaos, Registration No. 4186, Plot No. 97, Sheet/Plan: 33/13.4.1, Block E, Area: 0:1:1857, Use: Hotel apartments for rent (16 holiday flats) and cafeteria on ground floor;
(2) Famagusta, Ayios Nicolaos, Registration No. 3253, Plot No. 112, Sheet/Plan: 33/12.6.2, Block E, Area: 0:2:1927, Use: Hotel apartments for rent (35 holiday flats) and cafeteria on ground floor;
(3) Famagusta, Ayios Ioannis, Plot No. 165, Sheet/Plan: 33/13.1.4, Block C, Area: Unknown, Use: Beach hotel (2 star with 23 rooms);
(4) Famagusta, Ayios Nicolaos, Plot No. 1185, Sheet/Plan: 33/12.6.2, Block D, Area: 0:1:1200, Use: Building consisting of ground floor shops, offices and apartments, investment income property;
(5) Famagusta, Ayios Memnon, Plot No. 330, Sheet/Plan: 33/29.3.4, Block E, Area: 2:0:1059, Use: Plot of land on the Famagusta Beach destined for a hotel.
Applicant no. 13 owned 51% of the shares in the two limited companies, while the remaining 49% belonged to Mrs Athina Mandrides.
28. In support of their claim to ownership, the applicants submitted either copies of the relevant original title deeds or copies of certificates of affirmation of ownership of Turkish-occupied immovable property issued by the Republic of Cyprus after 1974. Applicant no. 9 failed to produce evidence supporting his claim that he was the owner of the building site in Famagusta described in paragraph 23 (1) above.
29. In its final decision on the admissibility of the application the Court noted that the respondent Government did not challenge any of the titles regarding the immovable properties described above.
30. The applicants alleged that since 1974 they had not been able to return to their homes and had been continuously prevented from using and enjoying their properties.
VIOLATED_ARTICLES: 8
NON_VIOLATED_ARTICLES: 8


ITEMID: 001-83884
LANGUAGEISOCODE: ENG
RESPONDENT: ARM
BRANCH: CHAMBER
DATE: 2007
DOCNAME: CASE OF NIKOGHOSYAN AND MELKONYAN v. ARMENIA
IMPORTANCE: 3
CONCLUSION: Violation of Art. 6-1;Remainder inadmissible;Pecuniary damage - claim dismissed;Costs and expenses (domestic proceedings) - claim dismissed
TEXT: 4. The applicants were born in 1976 and 1933 respectively and live in the village of Hnaberd, Aragatsotn Region.
5. On an unspecified date, the applicant Melkonyan (hereafter, the second applicant) instituted proceedings against a third person, M., seeking pecuniary damages.
6. On 18 November 1999 the Aragatsotn Regional Court (Արագածոտն մարզի առաջին ատյանի դատարան) granted his claim and ordered M. to pay 925,000 Armenian drams (AMD) (approx. 1,710 euros (EUR)).
7. On 28 January 2000 the Department for the Enforcement of Judicial Acts (DEJA) (Դատական ակտերի հարկադիր կատարումն ապահովող ծառայություն) instituted enforcement proceedings. On the same date, the DEJA placed a seizure order on M.'s property, including land and cattle.
8. On 22 March 2000 the seized property was put on a public auction which took place on 22 August 2000. This property was bought by the second applicant.
9. On an unspecified date, seven members of M.'s family instituted proceedings against the DEJA. They claimed that the confiscated property had been jointly owned by them, but the DEJA had failed to sever M.'s share when confiscating the property in question. They sought to annul the relevant acts and measures taken in the course of the enforcement proceedings, including the public auction. They also instituted proceedings against the second applicant, seeking to lift the seizure order over the property in question.
10. On 23 July 2002 the Aragatsotn Regional Court dismissed their claim concerning the lifting of the seizure.
11. On 23 August 2002 the second applicant sold a part of the land in question jointly to the applicant Nikoghosyan (hereafter, the first applicant) and a third person, A.
12. On 12 September 2002 the first applicant and A. received a certificate of joint ownership in respect of the land.
13. On 4 October 2002 the Aragatsotn Regional Court granted the claim of M.'s family members against the DEJA, finding that their property rights had been violated by the enforcement proceedings since the DEJA should have severed and confiscated M.'s share in the property jointly owned by him and his family members instead of confiscating the entire property. The Regional Court annulled the acts and measures taken in the course of the enforcement proceedings. No appeal was lodged against this judgment.
14. On 11 October 2002 the Civil Court of Appeal (ՀՀ քաղաքացիական գործերով վերաքննիչ դատարան) quashed the judgment of 23 July 2002 and lifted the seizure.
15. On 29 November 2002 the Court of Cassation (ՀՀ վճռաբեկ դատարան) upheld this judgment.
16. On an unspecified date, the members of M.'s family instituted proceedings against the applicants and A. seeking to annul the sales contract of 23 August 2002 and the certificate of joint ownership of 12 September 2002.
17. On 25 April 2003 the Aragatsotn Regional Court granted their claim and annulled these documents.
18. On an unspecified date, the applicants lodged an appeal.
19. On 30 May 2003 the Civil Court of Appeal, based in Yerevan, posted a summons addressed to both applicants, notifying them that the appeal hearing on the case would take place on 10 June 2003 at 11 a.m. in Yerevan
20. The envelope which contained the above summons had three postmarks: one dated 30 May 2003 and put in Yerevan, and two dated 12 and 17 June 2003, both put in Aragatsotn Region. On the front side of the envelope, in its lower left part, the second applicant wrote “Received on 17 June 2003 from the head of the post office”.
21. According to the applicants, this letter was received in Hnaberd post office on 17 June 2003 and was served on them on the same date.
22. The Government contested this submission and claimed that the summons was timely delivered to the applicants.
23. On 10 June 2003 the Civil Court of Appeal held the hearing as scheduled and decided to uphold the judgment of 25 April 2003. The plaintiff's representative was present and made oral submissions and explanations. As regards the absence of the applicants, the Court of Appeal stated that:
“[The applicants and A.] received in person the summons notifying them about the place and time of the hearing, but they failed to appear.”
24. It appears that a copy of this judgment was sent to and received by the first applicant on 31 June and 4 July 2003 respectively. It further appears that the second applicant received a copy of this judgment in person at the Court of Appeal on 15 August 2003.
25. On the same date, the applicants lodged a cassation appeal in which they submitted, inter alia, that they had not been timely notified of the hearing of 10 June 2003 and therefore had been unable to attend and make submissions. They argued that the summons had been served on them only on 17 June 2003 which was confirmed by, inter alia, the relevant envelope.
26. It appears that, since this cassation appeal was lodged out of time, attached to their appeal the applicants submitted a request to restore the missed time-limit for appeal. They allege that the Court of Cassation granted this request on the ground that the summons in question had been served on them only on 17 June 2003. The applicants did not, however, submit a copy of such a decision.
27. On 26 September 2003 the Court of Cassation examined and dismissed the applicants' cassation appeal in the absence of the parties and upheld the judgment of the Court of Appeal. The Court of Cassation in its decision did not touch upon the issue of the applicants' absence from the hearing of 10 June 2003.
28. The relevant provisions of the Code of Civil Procedure (CCP) (ՀՀ քաղաքացիական դատավարության օրենսգիրք) read as follows:
“Civil proceedings shall be conducted in an adversarial procedure and with respect for equality of arms.”
“1. The parties have the right: ... (3) to submit evidence and participate in its examination...; (4) to ask questions, file motions and make explanations in court; (5) to submit their arguments concerning all issues raised during the court examination; (6) to object against the motions and arguments made by other parties...”
“1. The parties to civil proceedings ... are the plaintiff and the respondent.
...
4. The parties enjoy equal procedural rights and bear equal procedural obligations.”
“1. The parties to the proceedings shall be informed about the time and place of the court hearing ... by a court summons...
2. The summons shall be sent by registered post with acknowledgement of receipt or by other means of communication ensuring the registration of notification or is served against a receipt (hereafter, duly notified).”
“1. The clerk of the court hearing reports to the court about the presence of the parties and other participants of the proceedings and whether those who are absent have been duly notified, and also provides information about the reasons for their absence.”
“2. The non-appearance of the defendant who has been duly notified about the time and place of the court hearing shall not preclude the examination of the case.”
“1. The court is entitled to adjourn the examination of the case if ... it cannot be examined at the hearing in question because of the absence of one of the parties...”
“1. The court of appeal shall adopt a decision to admit an appeal.
2. The decision should indicate the time and place of the court examination.
3. The decision shall be duly sent to the parties.”
“A cassation appeal can be lodged on ... points of law or a procedural violation of the parties' rights...”
“2. A court judgment shall be ... quashed, if ... the case was examined in the absence of one of the parties who had not been duly notified about the time and place of the hearing...”
“3. The Court of Cassation is not entitled to establish or consider as proven circumstances which have not been established by the judgment [of the Civil Court of Appeal] or have been rejected by it, to determine whether or not this or that piece of evidence is trustworthy, to resolve the issue as to which piece of evidence has more weight or the issue as to which norm of substantive law must be applied and what kind of judgment must be adopted upon the new examination of the case.”
“1. Judgments and decisions can be reviewed on the basis of new circumstances [if] ... a violation of a right (rights) guaranteed by an international convention to which Armenia is a party has been found by a final judgment or decision of an international court...”
29. The relevant provisions of the Law on the Court System («Դատարանակազմության մասին» ՀՀ օրենք) read as follows:
“A court of appeal is the court which, on the basis of an appeal, carries out a fresh examination of the merits of the case which has been examined by the court of first instance.
The court of appeal is not constrained by the arguments raised in the appeal and can examine the case in its entirety...”
VIOLATED_ARTICLES: 6
VIOLATED_PARAGRAPHS: 6-1