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the third day
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51. On 11 June 2005 the investigators questioned the applicants' neighbour, Ms M. Dzh., who provided a statement similar to those given by her fellow villagers (see paragraph 45 above). In addition, she stated that on
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27 January 2011
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43. The applicant was served with a deportation order on 25 November 2010. Although she submitted further representations for a fresh asylum and human rights claim the immigration authorities refused to revoke the deportation order. The immigration authorities also declined to give her a further statutory appeal right in relation to that decision and removal directions were set for
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more than two years old
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34. In the present case, the mother had claimed that the child, who was now more than two years old, had become alienated from the father. The child's abrupt removal from her main person of reference and her return to the United States would cause her irreparable harm. The Supreme Court emphasised that the particularity of the case lay in the fact that, in the main proceedings, the courts had denied that there was any risk of psychological harm (as a result of the alleged sexual behaviour of the first applicant) exclusively on account of the child's tender age. In these circumstances, it could not be excluded that the child, who was now
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ten days later
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8. The applicant challenged the refusal in court. On 8 September 2000 the Orsk Town Leninskiy District Court held in the applicant's favour ordering the local administration to re-classify the applicant's real estate. No appeal followed, and
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19 December 2006
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6. The background to this case lies in a series of complex contractual arrangements made in 1997 concerning importation of electricity from Ukraine to Moldova and involving, in addition to Moldtranselectro, a Ukrainian State-owned power distribution company, a Ukrainian private company and a Moldovan private company called Oferta Plus (see Oferta Plus SRL v. Moldova, no. 14385/04, § 7,
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24 May 2005
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8. On 13 May 2002 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). ZT cross-appealed.
On 21 April 2005 the court allowed the applicant’s appeal in part and increased the damages awarded.
The judgment was served on the applicant on
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under 18 years of age
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15. In a judgment of 25 October 2006, the Cayenne Youth Court sentenced the applicant to two months’ imprisonment, suspended, and two years’ probation, together with the obligation to report to the authorities and to undergo training, for unauthorised possession of cocaine while
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as early as 1991
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20. On 17 May 2000 the expert submitted her opinion. She noted, at the outset, that the examination could only yield limited results because of the foster parents' refusal to let her inspect the family home and E's consistent refusal to take part in the examination. The expert further noted that E's class teacher described her as a quiet child who appeared to be absent and seemed to be unable to express her emotions. The expert considered that E felt deserted by the applicant and therefore denied any relationship to her. The foster parents appeared to have enforced her negative attitude towards her natural mother and to have,
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23 August 2004
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10. By a letter of 10 October 2005 the President of the Criminal Division of the Regional Court requested the President of that court to clarify the terms of Judge L.M.’s secondment, referring to certain doubts as to the time frame within which it was valid. He requested clarification on whether she had been seconded only for the three dates specified in the secondment letter of
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27 December 2002
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45. On 21 October 2003 the District Court found the applicant guilty of extortion and sentenced him to seven years’ imprisonment and confiscation of criminally obtained assets. In the opening paragraphs of the judgment the District Court found that the applicant and his brother, Mr M., who had earlier been convicted by the same court on
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29 November 1995
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20. The Banská Bystrica Regional Court dismissed the complaint on 12 July 1995. The decision stated that the fear that the applicant might abscond in case of his release was justified. The typed minutes, a copy of which the applicant received from the Regional Office of Investigation in Banská Bystrica on
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between 7 and 20 April 2009
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32. On 7 April 2009 the applicant was transferred to correctional colony no. 20. On arrival he was examined by a colony physician, who diagnosed the applicant with acute maxillary sinusitis for which he received treatment
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11 October 2011
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11. On 7 December 2011 the Pula-Pola County State Attorney’s Office returned the case file to Pula-Pola County Court accompanied by a submission which read as follows:
“In the criminal case against Slobodan Kliba, accused of the criminal offence referred to in Article 193 § 2 in conjunction with Article 192 § 1 of the Criminal Code, the defence lodged an appeal against the judgment of the Pula Municipal Court No. K-344/10 of
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1 December 2008
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28. In April 2008 the VCA again amended the land allocation plan in the Buivydiškės cadastral area. It instructed Arlitanus to complete the list of candidates to receive land in that territory by 30 May 2008 and to complete the planning by
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24 April 2006
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60. Further to the opening of the criminal investigation file on 17 April 2006, on 18 and 19 April 2006, the district prosecutor’s office informed the first applicant, his wife and the second applicant accordingly. Victim status was granted to the first applicant’s wife on 17 April and to the second applicant on
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6 November 1993
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8. On 4 November 1993 the Szczecin Regional Prosecutor charged the applicant with the offence of obtaining 71,000,000,000 PLZ under false pretences. On the same date the prosecutor issued a warrant of arrest against the applicant. The applicant was arrested on
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9 April 1994
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8. The applicant, a Turkish citizen of Kurdish origin, was born in 1966 and lives in Switzerland where she has been granted political asylum. She was the wife of Necati Aydın, whose body was found on
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9 October 2008
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21. On 7 December 2009, following a decision of the Gladbeck District Court, the applicant’s detention on remand was interrupted in order for him to serve the sentence imposed on him in the Gladbeck District Court’s judgment of
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13 January 2004
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35. On 1 December 2003 the Regional Prosecutor’s Office quashed the resolution of 10 October 2003 as unlawful. It remitted the case for a new pre-trial investigation to the District Prosecutor’s Office, which on
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12 January 2000
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10. On 21 October 1998 the applicant was formally charged with embezzlement for abusing his power under another trusteeship agreement. He was accused of paying out ATS 6,000,000 (approximately EUR 436,000) to a creditor of his clients without being instructed to do so, and of diverting ATS 8,500,000 (approximately EUR 618,000). These proceedings ended with the applicant’s acquittal on
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17 May 2007
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32. On 8 April 2010 an investigator in the Demidovskiy Investigations Unit of the Regional Prosecutor's Office issued a decision not to initiate criminal proceedings against any public official. The investigator considered that the use of force against the applicant had been lawful under the Custody Act (see paragraph 38 below) and did not constitute a criminal offence under Articles 285 or 286 of the Criminal Code concerning abuse or excessive use of power respectively. The investigator held as follows:
“As was established during the inquiry,...after the applicant had refused to go to cell no. 2, Mr Sh. warned him several times that his refusal to comply with the order could lead to the use of restraint or physical force against him. The applicant did not react to the warning; he threatened to self-inflict injuries, used coarse language against the officers and touched their uniforms... Mr Sh. called more officers to help him and dealt a relaxation blow with a rubber truncheon to the applicant's hip. The applicant then started to intentionally hit his head against the floor and metal bars. Mr Sh. and others held the applicant down on the floor, handcuffed his hands behind his back and put him in the cell. The officers made their reports...The above-mentioned circumstances are confirmed by the medical report of
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18 October 1975
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110. Mr Khamzad(t) Movlievich Issiev (Issayev), alias Khamzat Movlitgalievich Issayev, stated that his real name was Khamzat Movlievich Issayev, that he was of Chechen origin and that he had been born on
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27 November 1995
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10. He then attended two interviews with the naval police. At the beginning of both interviews he was cautioned (section 76 of the Police and Criminal Evidence Act 1984). He declined the opportunity accorded to him to obtain legal advice and to have a legal adviser present at those interviews. He made certain admissions at his first interview and gave the investigators access to his bank accounts. On
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2000 to 2005
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12. On 11 September 2009 the Migration Board rejected the applicants’ request for asylum. It noted at the outset that it was difficult for Somali citizens to prove their identity since there was no authority that could issue passports or other acceptable identity documents. Accordingly, the applicants’ stories were decisive for determining their origin. The Board found that the first applicant had provided detailed information about Hosingo village, situated in southern Somalia. However, his pronunciation of some words was typical of that in northern Somalia. In addition he had stamps in his passport, dated
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17 January 1997
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8. On 12 March 1997 the Dornbirn District Administrative Authority (Bezirkshauptmannschaft) ordered the applicant pursuant to section 103 § 2 of the Motor Vehicles Act (Kraftfahrzeuggesetz) to disclose within two weeks the full name and address of the person who had been driving her car at the material time on
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17 August 2000
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17. The applicant served his sentence from the afternoon of 9 August until the afternoon of 12 August 2000 in the temporary segregation unit (īslaicīgās aizturēšanas izolators) of the local police station. On
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23 January 2003
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4. The applicant, Mr Neytullah Getiren, was a Turkish national who was born in 1959 and had been living in Bursa. By a letter dated 20 December 2004, the applicant’s representative informed the Court that the applicant had died on
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three years
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78. On 7 September 2011 the Bila Tserkva City Court found K.M. guilty of abuse of office by a law-enforcement official with grave consequences, and exceeding his authority associated with ill-treatment of the victim, also with grave consequences. The court acquitted him in respect of the charge of inflicting grievous bodily harm leading to the victim’s death. It sentenced him to six years’ imprisonment and a prohibition on holding positions related to public duties for
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29 November 2001
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15. On 22 November 2001 the trial began. However, the Regional Court was only able to hear two defendants. Two subsequent hearings had to be cancelled due to the absence of one of the defence counsel (
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20 June 2000
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37. On 29 May 2000 the Oeiras District Court judge asked a bailiff to warn S.C. that if she failed to hand Julien over to the IRS she would be prosecuted for non-compliance. On 9 June 2000 the bailiff reported that no one seemed to be living at the address indicated. On
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October and November 1994
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11. On 6 September 1994 the court ordered the detention on remand of the applicant. It made a reference to his hiding and obstructing the proceedings. The court adjourned the examination of the case. In
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21 February 1992
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15. Following the fall of Yugoslavia and a referendum held on 8 September 1991, the former Yugoslav Republic of Macedonia declared independence. On 17 November 1991 it adopted a Constitution (Устав на РМ) and the Law on the Implementation of the Constitution (Уставен Закон за спроведување на Уставот). According to the Constitution the laws from former Yugoslavia remain in force, except for the laws regulating the organisation and competence of the former Yugoslav federal organs. On
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21 June 2005
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66. On the same date the applicant’s lawyer complained to the military prosecutor of the United Group Alignment (“the UGA”) and the district prosecutor that the investigation of the criminal case was ineffective. In particular, he pointed out the following:
“... The investigation is being conducted in a slipshod manner. It is obvious that the death of Mamed Bagalayev was caused by a gunshot from a military serviceman’s automatic weapon ...
... For your information, as of
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30 June 2003
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10. On 6 March 2003 the Regional Court, acting by way of supervisory review upon the application of the President of the Rostov Regional Court under the old Code of Civil Procedure which, in its relevant part, remained in force until
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15 January 2001
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16. According to a report of 11 December 2002 produced by D.D., a police investigator, police officers had been called to the applicant and J.H.L’s apartment twice, namely on 7 January and 4 February 2001. The applicant had told the police that J.H.L. had been verbally abusive to her and had tried to throw her out of the apartment. J.H.L. had been cautioned by the police on both occasions. The investigator noted that on those two occasions the applicant had not mentioned anything about her injuries to the police. The applicant had written to the police on
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27 June 2000
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17. On 16 May 2000 the parties filed joint pleadings with the registry of the Court of Appeal stating that they intended to withdraw from the proceedings. After a hearing on 23 June 2000 the Court of Appeal gave judgment on
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March to May
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18. The applicant stated that in the years 1994-1998 he had on several occasions left for Germany to seek odd jobs for periods lasting usually some three months. In 1997 he had been absent only from
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30 August 1996
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25. On 14 June 1996 the applicant renewed his application to the Inner House of the Court of Session. On 28 June 1996 the case was sisted (adjourned) to enable the applicant to apply for legal aid. On
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September-November 2005
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74. On 9 October 2009 a panel of medical experts examined the applicant’s medical records and issued an expert opinion. They noted that his nervous tics could have had both organic and neurological causes. It was therefore impossible to establish a causal link between the events of
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6 March 2007
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26. In 2007 the hearing of 18 January was adjourned because the applicant and his counsel did not appear. On 13 February 2007 the District Court heard three witnesses. The applicant and his counsel did not appear after the recess in the hearing and the case was adjourned until
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the year 1998
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14. On 29 September 1997, acting upon an application from the Secretary of State for Industry, the Public Works Division of the Conseil d'Etat, under the presidency of Mr Le Vert, the reporting judge being Mr de la Verpillière, gave an advisory opinion concerning the “work of stabilising and rehabilitating the sites of disused mines – Powers of the authority vis-à-vis the mine operator – application of the Law of 15 July 1994”. ... That opinion was published in the annual report of the Conseil d'Etat for
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31 December 2008
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32. On 22 July 2008 the applicant was informed by the Minister of Infrastructure that it would not be possible to conclude the proceedings within the time-limit specified in Article 35 of the Code of Administrative Procedure and that the decision would be issued by
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19 December 2013
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20. Meanwhile, on 14 October 2013 the Head of Balatonfüred Police Department dismissed, in its resumed proceedings (see paragraph 16 above), the applicants’ complaint about the actions of officer K. He concluded that although the latter’s conduct had been unprofessional because of the way he had halted the applicants’ car and the use of a self-defence pistol rather than a service pistol, it had not been unlawful. The applicants’ appeal was dismissed by the Veszprém County Chief Police Department on
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13 June 2003
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7. Following the applicant’s request for early retirement, and pursuant to section 253(1)(2) of the Ministry of Internal Affairs Act (“the 1997 Act”: see paragraph 15 below), the Minister of Internal Affairs decided to terminate the applicant’s employment. The order for termination was dated
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27 February 2002
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16. On 26 February 2002 the Neusiedl/See District Administrative Authority requested the Romanian embassy in Vienna to issue a provisional travel document for the applicant’s return and to do so speedily, given the applicant’s detention with a view to her expulsion. This letter was dispatched and sent by registered post on
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7 February 2008
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13. According to the applicant, the police ill-treated him with a view to extracting confessions from him. In particular, after the hearing at the Drogobych District Court on 7 February 2008 (see paragraph 11 above), he was taken back to Drogobych police station. At about 3 p.m., police officers of that station, in the presence of their colleagues from Sambir police station, handcuffed his hands behind his back, kicked him and hit him with the back of a chair; when he requested a lawyer, police officer Y. came in holding a white stool leg. He placed the applicant face down on a table, stuffed a knitted hat in his mouth and beat him with the stool leg on his bare heels, causing him a fractured foot. To stop the beating the applicant agreed to confess and signed the statement of surrender to the police. Thereafter, he was taken to the investigator in charge of the investigation of the burglary for questioning. He once again confirmed his confessions, being afraid of further ill-treatment by the police. Prior to being taken to the investigator, the applicant was transferred back to Sambir police station in the late evening on
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12 June 2002
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14. On 5 June 2002 the same court authorised the applicant’s pre-trial detention. The court held that the applicant had been previously convicted in 1996 and he could obstruct justice and continue his criminal activity if released. On
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February 2003
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22. In this regard the City Court observed that, although the first applicant had failed to comply with one of the conditions for contracting marriage in Norway, namely lawful residence in the country (sections 5(a) and 7 (k) of the Marriage Act 1991), he had had reason to believe (as from
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5 January 2002
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8. The applicant submitted that he had been arrested on 4 January 2002. According to the arrest report, he was arrested on 5 January 2002 on suspicion of the murder of L., which the investigator classified as falling under Article 115 § 1 of the Criminal Code (a premeditated murder). The applicant was recorded in the arrest report as having stated that he had no complaints or requests. The case file also contains a waiver of legal assistance by the applicant dated
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24 November 1992
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14. On 28 April 1992 the investigator established that Mr D.I. had not appeared before him, although he had been duly summoned, and that the whereabouts of certain witnesses were unknown. He proposed that the criminal proceedings be stayed. By a decree of
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28 December 2009
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13. On 12 October 2009, following the above decision of the Constitutional Court, the applicant requested the Pension Fund Department to restore his pension payments. By a letter of 10 February 2010 the Pension Fund Department, referring to the Pension Fund letter of
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20 June 2005
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28. At the time of the latest information from the parties (10 May 2005) the criminal proceedings against the applicant were still pending before the Burgas Regional Court; a hearing had been listed for
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26 May 2008
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17. Meanwhile, following the merger of the Bağcılar and Bakırköy judicial districts, the case was referred to the Bakırköy 24th Criminal Court. By a judgment of 11 March 2008, the latter court declined jurisdiction and referred the case to the Bakırköy 2nd Criminal Court, which held jurisdiction for offences committed via the press. By a judgment of
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21 and 24 November 1990
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96. Üzeyir Nazlım stated that he was a Master Sergeant in the gendarmerie serving at the intelligence unit of the Mardin provincial gendarmerie. He had checked on Yakup Aktaş in cell no. 18 while on guard duty on
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19 May 2008
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77. On 5 June 2006 a local heating company initiated civil proceedings against the first and fourth applicants, who had their registered domicile at the same address, for debt recovery. The domestic courts found against the applicants. On
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10 March 2000
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17. Following this event and the coverage of the issue in a local newspaper, on 6 April 2000 the Bursa Public Prosecutor submitted an information document to the Directorate of Criminal Affairs attached to the Ministry of Justice, stating that the medical reports about the applicant corroborated the allegations of ill-treatment and that he had already commenced an investigation into the matter on
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5 February 2000
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19. The applicant submitted detailed eye-witness statements about the events of 5 February 2000, including those by her neighbours N. M., V. S., Z. S., S. Sh. and S. M., and by M. D., who had been apprehended on
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7 September 2007
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16. Over the following months the applicant’s detention was extended on several occasions, including on 2 March, 1 June and 3 September 2007. Along with the gravity of the charges the courts based their decisions on the findings that “the circumstances which had initially warranted the detention had not changed” and that the applicant’s state of health, albeit poor, did not warrant his release. The aforementioned detention orders were unsuccessfully challenged on appeal on 3 March, 4 June and
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17 December 2004
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7. On 30 June 2003 the Novovoronezh Town Court of the Voronezh Region (“the Town Court”) awarded the applicant 19,315.50 Russian roubles (RUB) in arrears relating to a disability allowance. On 7 August 2003 the Voronezh Regional Court upheld the judgment. It was enforced in full on
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28 March 1994
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16. On 12 March 1994 the court asked the applicant to pay the court fee. It also sent the action to the defendant for comments. The applicant paid the fee on 18 March 1994. The defendant’s comments were submitted on
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between March 1995 and September 1997
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34. The applicant stated that he had been placed in a cell with a man, Mr Yusev, who was suffering from tuberculosis and that he had been infected with the same disease. He said that he had undergone his first X-ray examination in March 1995, when he had been admitted to Khmelnitskiy Prison. According to him,
|
10 January 2011
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42. Meanwhile, on 18 January 2010 the other representative of the father, Mrs T. Ch., had also appealed against the discontinuation order of 5 October 2009. Apparently, however, her appeal had not been forwarded to the Sofia District Court, which in its decision of 4 May 2010 had examined only the appeal by Mrs B.B. Following complaints by Mrs T.Ch., in a decision of
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7 November 2006
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5. On 21 April 2001 the applicant married B and on 14 May 2001 a daughter, C, was born of the marriage. On 13 December 2005 the applicant brought a civil action in the Z. Municipal Court (Općinski sud u Z.), seeking a divorce from B. On
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12 June 2009
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17. In the meantime, on 1 June 2009 the Sisak County Court extended the applicant’s detention under Article 109 § 3 of the Code of Criminal Procedure for a further nine months, i.e. until 1 March 2010. On
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25 June 1997
|
24. On 12 November 2003 the President dismissed the application. He relied on the fact that the applicant had been accused of fraud and on the need to secure the proceedings before the national courts. The President submitted that in accordance with section 110 of the Aliens Act of
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his 25 days
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58. He was accused of being a courier for the PKK. The applicant insisted that he was a lawyer who took on all kinds of cases. He claimed that he was frequently taken to the interrogation room, being beaten up on his way there, and being threatened with torture. During
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15 October 1996
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10. On 9 May 2000 the Gebze Civil Court of First Instance decided that the plot of land was of rural nature. In reaching this decision, the court conducted four more on-site inspections and relied on four additional expert reports, where the experts observed that the plot was not reserved for habitation under any urban plan (imar planı) of the Municipality or the Ministry of Public Works and Settlement; it was not situated within residential areas; and there was no annotation in the land registry that this plot was to be used for tourism purposes. Instead, the plot was classified as “field” in the Land Registry. Following the on‑site inspections, the experts decided that the plot should be classified as rural land. Against this background, the court awarded the applicants an additional compensation of 22,568,437,760 Turkish liras (TRL) (approximately 13,080 euros (EUR)) plus interest at the statutory rate, running from
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26 November 1996
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18. On 28 January 2004 the Constitutional Court declared the complaint inadmissible. It considered the matter as three separate sets of proceedings. As regards the first two sets, which had ended with the final and binding inheritance decisions of
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14 December 1995
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7. In the autumn of 1994, as part of a large-scale investigation into taxicab operators, the Tax Authority (skattemyndigheten) of the County of Stockholm carried out a tax audit of the applicant’s taxi firm. By decisions of
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27 June 2012
|
68. By a judgment of 31 October 2014 the Constitutional Court rejected Mr Pace’s appeal. It noted, inter alia, that it was true that it was still open to the applicant to raise his complaint despite the passage of time. Nevertheless, the court could draw other conclusions as a result, such as those related to credibility. Indeed had the statement been taken under duress the applicant would have raised the matter prior to 2011, it was thus likely that Mr Pace was solely trying to take advantage of the evolution of the ECtHR case-law. It considered that to determine the fairness of the proceedings they had to be taken as a whole, on the facts of the case it did not appear to be so in the present case where Mr Pace did not object to the presentation of his statements to the jurors during the criminal proceedings, to the contrary he noted that he was not challenging the validity of the second statement, which showed that the applicant had not felt prejudiced by his statements, which had been reiterated before the Court of Magistrates. Moreover, his statements had not been the only evidence against him.
(iii) Other case-law
Gregory Robert Eyre vs the Attorney General, judgment of the Civil Court (First Hall) in its constitutional competence of
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15 July 2011
|
57. On 30 January 2012 a bailiff from the special enforcement unit visited S. B.’s presumed place of residence at 35 Obskaya Street in Borovoye, Novosibirsk Region. It was established that S. B. had had his registered place of residence there since
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12 February 2008
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26. On 1 August 2008 the head of the Prosecutor’s Office dismissed the applicant’s appeal against the aforesaid decision on the grounds that it had been lodged outside the time-limit set by the law. He stated, inter alia, that the order to appear before the investigating body had been issued because the applicant, although legally summoned, had refused to go to the police station to be interviewed. He added that the decision of
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2 October 1999
|
39. In a letter of 25 July 2001 the Prosecutor’s Office of the Chechen Republic (прокуратура Чеченской Республики – “the republican prosecutor’s office”) informed Mr Khamzayev that they had examined his complaint concerning an air strike of
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16 November 2010
|
51. The Ljubljana District Court has since given many judgments ordering the old Ljubljanska Banka Ljubljana to pay “old” foreign-currency savings in its Sarajevo branch together with interest (see, for example, judgment P 119/1995-I of
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22-year-old
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20. On the same day an internet newspaper called “Kavkazskiy uzel” reported as follows:
“Today a considerable number of residents of the village of Valerik gathered at the central square of Achkhoy-Martan, Chechen Republic. They wanted the State authorities to liberate their
|
24 October 2003
|
38. On 31 October 2003 the applicants and two others lodged a complaint against the police investigator’s decision of 24 October 2003. On 9 March 2004 the regional prosecutor’s office in Košice dismissed it, holding that injured parties, including the applicants, were not entitled to lodge complaints against the decision of
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9th September
|
11. On 31 October 2003, the Divisional Court dismissed the application ([2003] EWHC 2545). Lord Justice Brooke, giving the judgment of the court, held that Parliament had envisaged that a section 44 authorisation might cover the whole of a police area as a response to a general threat of terrorist activity on a substantial scale and that the authorisation and the subsequent confirmation by the Secretary of State were not ultra vires.
Brooke LJ held as follows, in connection with the applicants' second ground of challenge:
“The powers conferred on the police under section 44 are powers which most British people would have hoped were completely unnecessary in this country, particularly in time of peace. People have always been free to come and go in this country as they wish unless the police have reasonable cause to stop them. Parliament has, however, judged that the contemporary threats posed by international terrorism and dissident Irish terrorism are such that as a people we should be content that the police should be able to stop and search us at will for articles that might be connected with terrorism.
It is elementary that if the police abuse these powers and target them disproportionately against those whom they perceive to be no particular friends of theirs the terrorists will have to that extent won. The right to demonstrate peacefully against an arms fair is just as important as the right to walk or cycle about the streets of London without being stopped by the police unless they have reasonable cause. If the police wish to use this extraordinary power to stop and search without cause they must exercise it in a way that does not give rise to legitimate complaints of arbitrary abuse of power.
We are not, however, satisfied that the police's conduct on
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17 June 2004
|
30. On 17 August 2004 the General Prosecutor’s Office replied to the Russian Human Rights Commissioner, stating that a criminal investigation into the abduction was pending, and that at the moment no law-enforcement authority possessed information about Mr Adam Medov’s arrest and detention or whereabouts. The letter also stated that on
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2 April 1997
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23. On 18 February 1997 the lawyer assigned to represent the second applicant in the case under the legal aid scheme lodged with the court his pleadings on behalf of the plaintiffs. The court summoned him to specify the claims and rectify some other shortcomings in the pleadings. On
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6 April 2006
|
14. On 25 June 2006 the applicant lodged a complaint, under Article 127 of the Constitution, with the Constitutional Court (Ústavný súd). Relying on Article 5 § 4 of the Convention, he contended that the proceedings before the District Court and the Regional Court in respect of his appeal against the detention order of
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14 February 2000
|
9. As the penalty had not been paid, the Shakhty Town Court, upon the applicant's and his grandmother's request, ordered the following increases of the penalty to take account of the inflation:
- in the judgment of
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December 2000
|
17. Immediately after the delivery of the judgment in its favour the applicant parish instituted enforcement proceedings. However, the execution was suspended until delivery of the final judgment in the extraordinary appeal proceedings in
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15 October 2002
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12. The Virovitica Office accordingly obtained a new expert opinion and held another hearing. On 9 October 2001 it gave a new decision, awarding the applicants HRK 209,352 in view of compensation. On
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24 May 2006
|
11. On 22 June 2005 the court heard the parties, K.’s heir and witnesses. The applicant’s counsel Mr Romanov was ordered to leave the courtroom. According to him, the judge did so because, despite the judge’s reluctance, he kept on requesting the court’s order for obtaining certain documents as evidence. According to a letter of
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10 August 2008
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14. On 2 August 2008 the financial director of Yves Rocher Vostok, Mr K.M., signed a freight forwarding agreement with GPA for the collection and transfer of parcels from the distribution centre at 23,600 Russian roubles (RUB) per shipment. On
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29 February 2008
|
6. On 26 February 2008 the Committee on the Constitution, Rules of Procedure and Political System of the Croatian Parliament, (Hrvatski Sabor – Odbor za Ustav, Poslovnik i politički sustav – “the Parliamentary Committee”) published in the Official Gazette (no. 26/2008 of
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about two months
|
7. On 29 May 1991 he entered into an employment agreement with a local company (the “company”) whereby he undertook to work for it abroad. Several months later, while working for the company in Germany, the applicant fell seriously ill, underwent an operation and was on sick leave for
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13 September 1999 until 23 January 2001
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76. It remained to be considered whether the time that had elapsed since the date of the arrest could neutralise all the other relevant factors justifying the applicant's deprivation of liberty. In this connection, it was noted that far from trying to speed up the proceedings, the applicant had caused a number of delays. For instance, when the Criminal Court had been ready to fix the date of the trial by jury, the applicant had challenged the judge, and from
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4 February 2009
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26. As is clear from the applicant’s medical records, the chemotherapy regimen prescribed to him in the hospital did not include any new antibacterial drugs or any other medicines which he had not received before, comprising fenazid, ethambutol, rifampicin, vitamins, a cough medicine, potassium chloride and a hepatoprotector. Having considered that the applicant’s condition had improved, on
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four years’
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9. On 6 December 1999 the Lubartów District Prosecutor (Prokurator Rejonowy) terminated the investigation. On 8 December 1999 the prosecution filed a bill of indictment with the Regional Court. The applicant and his brother were charged with armed robbery and inflicting minor bodily harm. The applicant was additionally charged with theft. The bill of indictment specified that the applicant was subject to the rules on recidivism as in 1989 he had been convicted of assault with intent to rob and inflicting grievous bodily harm and had been sentenced to
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20 May 2009 to 20 April 2009
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9. At 9.53 a.m. a fax sent by defence counsel arrived at the Zagreb County Court. Defence counsel submitted the same medical document as before, but with the date of the applicant’s scheduled hospitalisation altered from
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12 October 1989
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50. On 8 November 1994 the second applicant bought from G.J., at that time the first applicant's sole owner, “a part of the first applicant” consisting of all of its rights and pecuniary interests derived from the joint venture agreement of
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23 February 2010
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29. On 25 February 2010 the Bucharest County Court acknowledged the applicant’s request of 12 February 2010 and informed him that the judgment it had delivered on 24 November 2009 had been reasoned and communicated to the parties and the case file had been archived on
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twenty-five days
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15. The first applicant's claim was partly granted by the District Court on 15 August 2006, and upon appeal, by the Varna Regional Court on 24 April 2007. The courts found that the first applicant's cell had measured 3.22 metres by 4.30 metres, had been overcrowded and in a very poor state of repair, with insufficient lighting and ventilation; there had been no running water or toilet in the cell and during the night prisoners had been forced to use a plastic bucket to relieve their needs; there had been no hot water in the common sanitary premises and the first applicant had had to wash himself and his clothes with cold water and dry them in the cell; prisoners had been allowed to bathe only once a fortnight or sometimes once in
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5 December 2000
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23. At the end of September 2000 the applicant wrote to the Council of Europe Commissioner for Human Rights, complaining of the murder of his father and other persons in Starye Atagi and of the absence of an investigation. In a reply dated
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18 September 2009
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68. On 11 October 2010 the proceedings were yet again discontinued owing to the absence of any evidence that a crime had been committed. The decision was worded identically to the decisions of 16 April 2004 and
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8 March 2006
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88. The prosecutor then asked L.B.-dze about his statement on television that O.M.-ov could have been one of the men who had assaulted them at the cemetery. The prosecutor reminded him that he had not been able to identify O.M.-ov on
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2 March 2004
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10. In the day room a note written by Private Alekseyev was also found. The note read as follows:
“I have ended my life because I had too many problems today. (1) I owe $30,000 for the Toyota Camry. (2) [I owe] 900 roubles for the shitty ring from the lamp that the officer on duty has [another one of] anyway and (3) [Captain I.] promised to beat the shit out of me after my duty [was over]. I can’t live this way. Mother, father, sister, forgive me please.
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29 October 2009
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42. At some point in July 2010 the Perovskiy Inter-District Prosecutor’s Office requested a further extension of the applicant’s detention pending extradition, until 4 February 2011, referring to Article 109 of the CCrP and § 34 of the Directive Decision no. 22 of
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the same day
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48. In August 1998 the first applicant complained to the local authority which appointed an independent person, Mrs B., to investigate the complaint. After interviewing the key people involved, she found various defects in the handling of the case. She held that the local authority had failed to consider fostering O.D. with family members as required by statute, noted the confusion in communication with the Bristol Centre concerning the risk assessment and stated that once it had been decided to accept the NSPCC recommendation the rehabilitation should have taken days, not weeks; she also stated that there had been a steady deterioration in relations between the first applicant and the assigned social worker and that a more productive working relationship with the family might have been achieved by changing the caseworker as requested by the family. She did not uphold other specific complaints, finding, inter alia, that it had been necessary for the family to travel to the Bristol Centre on
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