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8 October 2003
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15. The applicant submitted statements by several friends and family members testifying that before the incident they had known him as a very healthy person in good physical condition and that he had only started complaining of pain in the groin area after the incident when they had visited him in hospital. In particular, two individuals stated that on
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26 July 2006
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14. According to the applicant, P.R.V., the then Prefect of Iaşi and head of the county commission, and I.F., the then head of the State Property Authority in Iaşi, claimed from her 3 ha of land out of the area of 16 ha as a “condition” of enforcement of the administrative decision of
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16 May 2006
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38. On 1 May 2006 the applicant brought new civil proceedings against the Regional Treasury Department and the Ministry of the Interior of the Kabardino-Balkariya Republic, claiming RUB 200,000 in respect of non-pecuniary damage. On 5 May 2006 judge G. in the Town Court refused to process the case on account of the applicant’s failure to adduce evidence. It also refused to assist the applicant with collecting evidence, because there was no proof that he had encountered any difficulties in doing so. The applicant was ordered to provide a list of all interested persons and to adduce evidence before
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11 November 1993
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6. In the resultant litigation, which started on 27 March 1992, the Vác District Court dismissed the applicants' action on 4 March 1993. This decision was quashed by the Pest County Regional Court on
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22 July 2005
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22. The Moldovan Government considered that the Convention responsibility of the Russian Federation continued to be engaged having regard to the latter’s support for the Transdniestrian regime and to the fact that they maintained their troops on the territory of Moldova, in breach of international law, of the OSCE Summit Statements in Istanbul (1999) and in Porto (2002) (see also Ilaşcu, Ivanţoc, Leşco and Petrov-Popa cited above, §§ 124, 354 and 387), and of Law no. 173-VI of
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24 March 2009
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146. On 17 April 2009 the applicant lodged a constitutional complaint against decisions by the Municipal Court of 10 March 2009, extending his detention, and a decision by the Zagreb County Court of
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July and August 2010
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11. On 13 May 2010, the applicant was placed in a single-occupancy cell at his request, as he feared an attack on his life and health by other inmates. Decisions on his placement in isolation from the general prison population were taken in
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14 December 2001
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33. On 9 February 2006 the applicant lodged an appeal on points of law, which he amended on 14 February. In it he focused, inter alia, on arguments that his conviction had been based on illegally obtained and inadmissible evidence. More specifically he argued that:
- the courts had relied on evidence which was obtained on
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31 March 2002
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37. Following the applicant’s release, in November 2000, from Murru Prison where he was serving his sentence, the Tartu County Expert Committee on Disabilities established, in a decision of 28 February 2001, that the applicant’s capacity to work had been reduced by 80%. The cause of this incapacity was general illness. The experts assessed his invalidity as being of the second degree. The decision was effective until
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10 September 1974
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11. The plant was built during the Soviet era and was owned by the Ministry of Black Metallurgy of the Russian Soviet Federative Socialist Republic (RSFSR). The plant was, and remains, the largest iron smelter in Russia and the main employer for approximately 60,000 people. In order to delimit the areas in which the pollution caused by steel production might be excessive, the authorities established a buffer zone around the Severstal premises – “the sanitary security zone”. This zone was first delimited in 1965. It covered a 5,000-metre-wide area around the site of the plant. Although this zone was, in theory, supposed to separate the plant from the town's residential areas, in practice thousands of people (including the applicant's family) lived there. The blocks of flats in the zone belonged to the plant and were designated mainly for its workers, who occupied the flats as life-long tenants (see “Relevant domestic law and practice” below). A decree of the Council of Ministers of the RSFSR, dated
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23 June 1996
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16. The Constitutional Court referred to Article 11 of the Convention in its judgment and stated that the rights guaranteed in that provision were not absolute and could be restricted in the circumstances listed in Article 11 § 2 of the Convention. It also referred to Article 17 of the Convention, and reached the following conclusion:
“Carrying out activities, by relying on democratic rights and freedoms, against the indivisible unity of the State with its nation is unacceptable. In such circumstances it is the duty and raison d'être of the State to prevent the abuse of these rights and freedoms. Allowing a political party which supports terrorism and which is supported by terrorism to continue to exist cannot be contemplated.
In statements and speeches made on behalf of the People's Democracy Party and in the course of various meetings, the party's general secretary Murat Bozlak, other party officials and chairmen and members of the party's provincial and district branches have stated that the Kurdish nation was a different nation from the Turkish nation; that the State of the Turkish Republic had been enforcing a policy of pressure and oppression on the Kurdish nation; that there was an ongoing war between the PKK terrorist organisation and the State of the Republic of Turkey; and that the Kurdish nation should take sides with the PKK in this war. Some of these activities have resulted in convictions. These persons have thus aided and harboured the PKK and its leader Abdullah Öcalan, whose aim is to destroy the indivisible unity of the State. The incidents, which are detailed in relevant parts of this judgment and which took place during the Second Congress of the People's Democracy Party on
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16 January 1991
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30. On 24 October 2006 the applicant complained that the Bardejov District Court had violated his right to a fair hearing in that in proceedings under file no. 3 Er 210/06 it had failed to ensure respect for his right to work in accordance with the judgment of
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22 April 2011
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12. On 22 April 2010 the applicant was fined 50,000 Hungarian forints (HUF – approximately 180 euros (EUR)) for the minor offence of failing to comply with lawful police measures. That decision was subsequently overturned, and the proceedings were discontinued by a decision of the Püspökladány District Court of
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February 2007
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20. On 15 and 16 December 2003 part of the property was for a total amount of 7,000 Latvian lati (LVL) (about 10,000 euros (EUR)) sold to A.V. who on 26 and 29 March 2004 sold it for the same amount to the third applicant, the limited liability company Balt Invest Group, the co‑owner and representative of which at the material time and until
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10 September 2002
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11. The proceedings resumed on 2 October 2001. Subsequently, the applicant extended her action to include a fourth respondent. The court held a hearing on 21 March 2002 and invited to applicant to specify her claims. She did so on
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August 2002
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7. In the beginning of 2002 the applicant began to experience pain in the left side of her chest, for which in February 2002 she underwent a bone scintigraphy. The scintigraphy found a pathological uptake of radioactive tracer in her sixth left rib. Another bone scintigraphy in May 2002 confirmed that finding. However, a computerised axial tomography scan carried out later in May 2002 showed a suspected metastasis in the area of the eighth and ninth left ribs rather than the sixth one. The doctor who performed the scan recommended a further bone scintigraphy. Two such scintigraphies, in
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17 November 1992
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7. By a decision of 21 March 1994, the Kaunas City mayor declared the statement of transfer acceptance unlawful and consequently null and void. By a decision of 31 May 1994, the Kaunas City Board supplemented the decision of
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28 September 2017
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27. On 24 October 2017 the applicant’s representative, Ms Trenina, informed the Court that she was still in contact with the applicant through his relatives and the lawyer representing him in Uzbekistan, and that he wished to maintain his application. In support of that assertion, she provided the following evidence:
(a) a handwritten note (in Uzbek with a Russian translation) from the applicant’s mother dated
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17 January 2006
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27. On 12 October 2005 the applicant was allegedly handcuffed with his arms behind his back and hung from the railings by the guards. The applicant's feet did not touch the floor. He was kept in that position for two hours. The complaint lodged by the applicant's father was dismissed by the prosecutor's office on
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26 April 2002
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31. In March and April 2002 the Social Court of Appeal reminded V. of its request for a report. In reply, V. informed the court that the applicant had cancelled his appointment for examination scheduled on
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6 November 1995
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6. On 27 October 1995 the High Court made an order (unpublished) restraining him from practising pending the outcome of the inquiry. On 6 November 1995 the High Court ordered the removal of the applicant’s name from the register of practitioner’s and restrained him from practising pending the inquiry and all consequent proceedings. The High Court also agreed that the Council could make public the “sequence of events” including the orders of 27 October and
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7 November 2003
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29. The applicant lodged an appeal on points of law seeking harmonisation of the case-law (recurso de casación para la unificación de doctrina). In a decision of 27 June 2007, the Supreme Court (Social Chamber) declared the appeal inadmissible on the ground that the decision produced for purposes of comparison, specifically a judgment of the High Court of Justice of the Canary Islands of
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5 August 2011
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44. The applicant stated that at the time of introducing her application to the Court, on 11 August 2011, she had been entitled to take a shower once per week and, according to her, the bedding in her cell was not regularly changed. In her observations on the admissibility and merits, she indicated that she had been allowed to shower twice per week. The Government observed that while, according to the general rule, each detainee was provided with access to bathing facilities for thirty minutes once every seven days, the applicant had been permitted to have a shower several times a week. They further pointed out that all detainees were provided with bed linen. They noted that as of
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12 July 2003
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7. In 2000 the domestic security and intelligence agency (Direction de la surveillance du territoire – the “DST”) sent an intelligence report to the Paris public prosecutor’s office stating that in Frankfurt the German police had dismantled a network of Islamist terrorists who were likely to be preparing attacks on French territory. In this context, one S.A., who was a suspect in criminal proceedings in France, was arrested in Damascus on
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3 January 2001
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9. On 14 February 2001 the applicant lodged an application with the Panevėžys City District Court to bring a private prosecution. She stated that J.H.L. had beaten her up on five occasions and gave the following detailed statement:
“I have lived with J.H.L. since 1996. Recently he started to harass and beat me.
On
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26 February 2001
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38. The witness said that he made a statement before the Silopi public prosecutor. He also answered questions by an investigating officer and provided a description enabling an identikit picture to be prepared of the two people who attempted to force Serdar Tanış and Ebubekir Deniz into the car. He subsequently attended the public prosecutor's office three times to examine photographs. At one of the sessions he indicated that he recognised the driver of the car in one of the photographs and found a strong likeness in another. In that connection, the witness confirmed the content of the identification record that was drawn up on
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28 November 2012
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40. On 28 July 2014 the applicants lodged a criminal complaint, together with an application to join the proceedings as civil parties, against the three acquitted prison officers and three of their colleagues for failure to assist a person in danger.
On 9 May 2016 the Charleroi Court of First Instance, sitting in private session, declared inadmissible the application to join the proceedings as civil parties to the extent that it concerned the three prison officers acquitted by judgment of the Criminal Court on
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3 October 1996
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19. In the meantime, on 11 March 1996[2] the applicant instituted further official liability proceedings. On 28 June 1996 the Linz Court of Appeal transferred the case to the Steyr Regional Court. On
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21 February 2002
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25. On 7 April 2001 the applicant lodged a constitutional complaint. On 12 February 2002 the Federal Constitutional Court, sitting as a panel of three judges, refused to accept the applicant's complaint for adjudication. That decision was served on the applicant on
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earlier than 6 February 2007
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26. On 19 November 2008 the prosecutor ordered a new medical board examination of the applicant’s medical documents. According to the board’s report of 28 November 2008, the medical documents with the applicant’s name on them did not attest to any injury on the applicant’s body. It was impossible to determine the time when the applicant had sustained the injury on his forehead, but due to its characteristics, it must have been caused
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1 January 2002
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23. On 15 April 2004 the Constitutional Court declared the appeal inadmissible as manifestly ill-founded, stating, inter alia:
“... the Regional Prosecutor proceeded in accordance with the national law then in force. While at the relevant time the criminal law included neither Article 79c of the [CCP], which expressly provides for the impoundment of book-entry shares (this provision was introduced by Act no. 265/2001 which entered into force on
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February 2008 – October 2008
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23. On 10 May 2011 the applicant was indicted, in accordance with the Parliamentary resolution of 28 September 2010:
“1. 1.1 For having shown serious neglect of his duties as Prime Minister in the face of major danger looming over Icelandic financial institutions and the State Treasury, a danger of which he was or ought to have been aware and would have been able to respond to by initiating measures, legislation, general governmental instructions or governmental decisions on the basis of current law, for the purpose of avoiding foreseeable danger to the fortunes of the State. 1.2 For having failed to take initiative, either by taking measures of his own or by proposing measures to other ministers, to the effect that there would be a comprehensive and professional analysis within the administrative system of the financial risk faced by the State because of the risk of financial crisis. 1.3 For having neglected to ensure that the work and emphasis of a consultative group of the Government of financial stability and preparedness, which was established in 2006, were purposeful and produced the desired results. 1.4 For having neglected to take initiative on active measures on behalf of the State to reduce the size of the Icelandic banking system by, for example, advocating that the banks reduce their balance sheets or that some of them move their headquarters out of Iceland. 1.5 For not having followed up and assured himself that active measures were being taken in order to transfer Landsbanki Íslands hf.’s Icesave accounts in Britain to a subsidiary, and then to look for ways to enable this to happen with the active involvement of the State.
The above-specified conduct is deemed subject to section 10(b), cf. section 11, of Act no. 4/1963 [on Ministerial Responsibility], and, alternatively, section 141 of the General Penal Code, no. 19/1940. 2.
For having, during the above-mentioned period [
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2 October 2012
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26. On 20 December 2011 the High Court of Cassation and Justice allowed the appeal against the judgment of 22 March 2011 and ordered the Transplant Agency to implement the prosecutor’s decision to return the embryos by allowing their transfer from the IFM to an authorised clinic or hospital of the applicants’ choice in Romania or abroad.
It found, firstly, that the Transplant Agency, which was organised as a structure within the Ministry of Health, had been duly informed about the investigating authorities’ decision to deposit the material seized at the S. Clinic with the IFM, and that, secondly, the Ministry of Health had signed the record drawn up at the end of the procedure for moving the embryos to the IFM, together with the investigating authorities.
It held that in so far as the Transplant Agency’s task was to coordinate the activities of procuring, processing, preserving, storing, approving and distributing human tissue and cells in Romania, there had been no legal grounds for it to interfere with the implementation of the prosecutor’s decision to return the embryos to the applicants.
The High Court further relied on the Government’s observations submitted to the Court in the case of Knecht v. Romania (no. 10048/10,
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10 November 2008
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34. On 30 September 2008 the prosecutor’s office of the Brăila County Court decided to discontinue the criminal proceedings against Dr P.A., finding, in the light of evidence gathered in the case, that there had been no element of criminal negligence in his conduct. That decision was upheld on
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24 February 1999
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16. The trial began on 7 December 1998. Subsequent hearings were listed for 8, 9, 15, 16, 17, 18 and 22 December 1998 and 11, 12, 19, 20 and 27 January 1999. However, all hearings scheduled between 11 and 20 January 1999 were cancelled due to the absence on sick-leave of one of the lay judges. The next hearing, listed for
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17 April 2003
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15. Secondly, the justice found the applicant to have breached public order during the picket. She relied on the following evidence:
“The applicant’s guilt... is confirmed by the report on an administrative offence dated
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the previous 13 August
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6. The applicant is required to contribute to the cost of her children's upbringing in accordance with the applicable regulations on child maintenance (see paragraph 21 below). On 12 September 2001, the Secretary of State decided that the applicant's maintenance payment should be GBP 46.97 per week, with effect from
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the first two weeks
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67. On 7 December 2007 the applicant made a request to the bailiff for the enforcement of the judgment setting out his contact rights. He asked for the necessary actions to be taken so that he could spend
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19 October 1999
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20. On 15 February 2001 an acting head of the Headquarters of military unit no. 40911 informed the first applicant that the aircraft of the Fourth Army of the Air Force and Counter Missile Defence (Четвертая Армия Военно-воздушных сил и противоракетной обороны) had not attacked Urus-Martan or launched an air strike on the house at 24a Dostoevsky Street, since they had not possessed any information regarding any military objects in the said area which would warrant such a strike. The letter also stated that the information allegedly received by the first applicant from the military prosecutor’s office, to the effect that on
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6 April 1998
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22. On 1 April 1998, the DPP directed that there was insufficient evidence to provide a reasonable prospect of conviction for any offence of murder, manslaughter or dangerous driving contrary to Article 9 of the Road Traffic (Northern Ireland) Order 1995. The applicant was formally notified of the decision not to bring criminal proceedings by letter dated
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20 March 2003
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7. On an appeal by the applicant, the Eidsivating High Court (lagmannsrett), sitting with a jury, held a fresh hearing in the case. The jury answered the questions relating to the charges in the negative (no reasons are given by a jury).The professional judges decided to pass judgment on the basis of the jury’s verdict and acquitted the applicant by a judgment of
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26 June 2000
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10. On 29 May 2006 the applicant was formally indicted by the Brno municipal prosecutor for having, at least between 2000 and 8 February 2006, repeatedly abused his wife both physically and mentally while he was drunk. He was accused of having subjected her to verbal abuse, hit her on the head with his hand and fist, slapped her, held her by the throat, tried to strangle her, thrown her against the furniture or onto the ground, pushed her down stairs and kicked her. He was further accused of having hit the children, gambled away the household’s money on gaming machines and smashed the crockery. As a result, his wife had sustained haematomas, bruising and a fractured nose and had been obliged to seek medical assistance on that account on
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October 2003
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7. The applicant arrived in Sweden on 21 December 2007 and applied for asylum the same day. He stated in essence the following in support of his application. Following the fall of the Saddam Hussein regime, he had served in the new Iraqi army, which he had joined in
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12 November 2001
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32. One of the members of the panel of the Supreme Court which convicted the applicant disagreed partially with the opinion of the majority and wrote a dissenting opinion. He stated, inter alia:
“The evidence presented by the prosecution is not sufficient to prove [the applicant]'s guilt in respect of the offences [enumerated below]. ... The court has not established the role, the degree and the manner [of involvement] of [the applicant] in:
- the founding and heading of the criminal gang;
- the commission of the murders;
- the commission of the attempted murders;
- the illegal deprivation of liberty;
- the possession of drugs;
Nor has it established the nature of the [structure of the] criminal relationship between him and the rest of the convicted persons.
[The applicant]'s accusation in respect of the above offences relies in essence on the declarations of [co-accused] S. The latter did not incriminate [the applicant] as being a co-participant in the commission of the offences by the criminal gang. His declarations do not confirm the facts and the circumstances which result from the totality of the evidence from the case file in respect of [the applicant]. They represent suppositions or are based on hearsay statements, which in their turn have not been confirmed by the alleged sources.
It is important to note that the court gave different assessments of similar evidence concerning the possession of a gun and the possession of drugs during [the applicant]'s arrest in a pharmacy on
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12 December 1994
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13. On 24 October 1994 the Trnava District Court delivered a new judgment allowing the applicant’s claim for damages in part. The parties appealed and the case was submitted to the appellate court on
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February 2004
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9. After a brief period in a training camp, the applicant was assigned to Military Unit А0246, subsequently renamed Т0120 (hereinafter referred to as MU1). According to the applicant, he was regularly subjected to bullying and ill-treatment by senior officers in that unit. One such incident allegedly took place in
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3 February 2009
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10. On 21 March 1996 the Lushnjë Commission recognised the applicants’ inherited property rights over a plot of land measuring 576 sq. m. Since the plot of land was occupied, the applicants would be compensated in one of the ways provided by law. The applicants submitted that they were the remaining heirs of the above plot of land in respect of which the Court had already delivered the judgment in the case of Hamzaraj v. Albania (no. 1) (no. 45264/04,
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17 April 2013
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30. On 15 March 2013 the Ljubljana District Court held a main hearing and heard the construction expert. On the same date the court issued its decision granting in large part the claim of the applicants. The decision was served to the applicants on
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November 1966
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13. On 22 August 1995 the same social worker provided the applicant with further information gleaned from the file in the form of typed notes (covering September 1961 to March 1966). She also discussed certain areas of particular concern to the applicant including the impact of childhood neglect and ill-treatment which he remembered at the hands of his father, his feelings about having had a violent father and his vague suspicions of having been abused while in local authority institutional care. They also discussed the allegations of ill-treatment of the applicant by his father which had been made by neighbours via the school to the local authority in
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9 August 2002
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14. On 13 April 2004 Ms T. V. requested the Regional Court to re-open the proceedings and review its decision of 20 June 2002 “in the light of newly disclosed circumstances” (the quashing of the explanatory judgment of
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4 December 2004
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83. In August 2003 a former official of the Urus-Martan district administration was questioned and stated that he had no recollection of the applicants' case. In January 2004 the then head of administration of Gekh‑Chu stated that the previous head of administration had been killed by unknown gunmen in 2001. The witness had no information about the applicants' case. On
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21 September 2006
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24. By a decision dated 21 September 2006 the Urus-Martan Town Court transferred the applicant’s claim for damages to the Basmanny District Court of Moscow, the city in which the Federal Treasury was situated. The applicant appealed, and on 4 July 2006 the Supreme Court of Chechnya quashed the decision of
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September 2003
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25. In their responses to the CPT report, published on 27 April 2005 (CPT/Inf (2005) 7), the Government submitted the following, in so far as relevant:
“By the end of 2003 the police authorities had eliminated the following problems outlined by the CPT: missing bed accessories and toilet articles were bought – to be given to those people who do not have them.
...
After the visit of the CPT delegation to the custodial institutions and arrest houses in
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23 July 2004
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18. By decision of 21 June 2004 the Constitutional Court dismissed the applicant’s complaint. It found that the interference complained of had served the aim of maintaining the authority and impartiality of the judiciary and that the disciplinary authorities had duly balanced the applicant’s rights under the Convention against the profession’s interest in safeguarding its standards of professional duties. Hence, they had given ample reasons why there had been no violation of the applicant’s right to freedom of expression. The decision was served on the applicant on
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27 June 1994
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12. In the civil proceedings, the applicant declared, inter alia:
“The statement recorded in writing by Mr W. cannot have been obtained in any other way than by the application of pressure in an unacceptable manner in order to procure incriminating statements, the significance of which was not or not sufficiently understood by Mr B. given the absence of an interpreter.”
This passage appears in pleading notes submitted to the Hague Regional Court (arrondissementsrechtbank) at a hearing held on
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4 February 2000
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6. On 17 January 2000 the applicant was arrested by the police. On 18 January 2000 he was remanded in custody by the Katowice District Court (Sąd Rejonowy) on charges of burglary. The applicant appealed against this decision but his appeal was dismissed on
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21 June 1943
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10. In his book, the first applicant reconstructed the chronology of events involving the Resistance movements in Lyons in 1943 and took stock of the various archive materials that were available on that period. One of the principal mysteries surrounding this period is the Caluire meeting, an event of particular significance to the history of the French Resistance and a major episode of the Second World War. On
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27 May 2003
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14. On 16 April 2003 the Town Court found that the debtor had no sufficient funds to honour the judgment debt and granted the Bailiff's request to postpone the enforcement of the judgment until 31 December 2003. On
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22 March 1995
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10. In a judgment of 2 March 1995 the Plovdiv Regional Court found partly in favour of the applicant. It awarded him BGL 1,032 for sick leave entitlements and dismissed the remainder of his claims. On
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10 February 2005
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24. On 12 July 2004 the Plenary Supreme Court of Justice upheld the revision request, following a hearing at which the Ministry of Finance was represented by the Deputy Prosecutor General. It quashed the judgments in favour of Oferta Plus and ordered the reopening of the proceedings. The re-opened proceedings ended with a judgment of the Supreme Court of Justice of
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19 May 2006
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23. Following the Court of Appeal’s ruling on the applicable legal regime (see paragraph 17 above), which was upheld by the House of Lords, the applicant brought a claim for damages in the English courts claiming that, from
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29 May 1991
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12. At the second hearing, on 3 April 1991, the applicant denied all the charges. Concerning the alleged offences in complicity with MI, the applicant stressed MI’s role in the events and his greater knowledge of the subject. Two complainants and the defendant MI had still not been summoned. At the request of the Public Prosecutor and the National Board of Customs, which was one of the complainants, the case was adjourned until
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1 August 2007
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25. In his appeal submissions the applicant repeated his arguments that the District Court’s conclusions had not been supported by relevant facts, while he had produced a personal guarantee from a member of Parliament and had demonstrated that he had positive references. He also argued that the case was not complex and claimed that his detention had exceeded “a reasonable time”. On
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16 July 1998
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32. At a hearing on 15 July 1998 the Budapest Labour Court heard the applicant and ordered that the documents he had submitted be sent to the defendant which had been unable to attend the hearing. In his submissions of
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at least 8 years'
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22. On 19 September 2001 the Court of Appeal dismissed the applicant's appeal against the decision of 22 August 2001, prolonging his detention. It held, inter alia, that Article 258 § 2 of the Code of Criminal Procedure alone constituted a sufficient ground for the applicant's detention as he had been charged with an offence for the commission of which he was liable to a statutory maximum sentence of
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26 September
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25. In the remainder of 2006 several hearings were adjourned. On 31 August the District Court set the hearing of the case for 12 September. On that date the court heard the victim. The applicant submitted that he wished to give his testimony after the victim and the witnesses. Since some of the witnesses were absent from the hearing, the case was adjourned until
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24 September 2012
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36. On 30 August 2012 the applicant submitted to the Ministry of Justice a claim for compensation for damages caused by delays in the criminal proceedings under the State Liability Act (no. 82/1998). On
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29 July 1994
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14. Thirdly, in respect of the silver, gold and diamonds the decision stated as follows:
“During the search of [R.’s] home and workplace a large amount of pure precious metals ([about] 150 kg of silver granules, 31 silver bars, [about] 1 kg of gold, five diamonds) [and] other items made of precious metals were found, which refer to purchasing items made of precious metals from the population, and substances containing precious metals [were also found], which were similar to the substance found in a hiding place in [M.’s] car. Therefore it can be concluded that [R.] was involved in the smuggling of substances containing precious metals as an accomplice who analysed the substances; he was probably also engaged in purchasing, purifying and marketing substances containing precious metals. Under Regulation No. 142 of
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21 September 1993
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52. The court held that the preliminary investigation had been inadequate:
“We deem that the inadequate manner in which the acts and ... procedures related to the investigation were performed reflect a negative attitude ... The same can be noted regarding the delayed submission of the autopsy reports on the victims (Cheţan Crăciun, Lăcătuş Rapa Lupian and Zoltan Mircea died on
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sixteen-year-old
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6. The Regional Court found that between June and August 1986 the applicant, having absconded during a leave from prison where he served a term of imprisonment for rape, had again raped a twenty-two-year-old woman and a
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4 January 2004
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19. On 7, 9 and 12 December 2003 the CEC issued Ordinances by which voters were required to attend electoral precincts and fill out special forms; this would enable them to cast their ballots during the presidential election of
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1 December 1999
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105. In their statements, those officers provided the following details, in very similar terms:
– from the outset of the operation, the security forces constantly shouted orders to the prisoners, every three to five minutes, to surrender without resistance, so that no one would be hurt;
– during the operation, a team took photographs of the premises and the prohibited items discovered in situ, under the direction of junior officer M. Hak.; the photos were then transmitted to the intelligence services;
– the prisoners were singing anthems and chanting slogans such as “You should give up, Turkish fascist soldiers”, “The revolutionary prisoners will never surrender”, “The honour of humankind will win out over torture”, “Ulucanlar will be the tomb of the soldiers of the Fascist Republic of Turkey”, “No one will overcome the revolutionary movement, kill any traitors attempting to surrender”, “No capitulators will be left alive”;
– the prisoners set fire to the roof with flame-throwers made out of gas cylinders, and also torched their mattresses and blankets in the dormitories; the firefighters sprayed the premises with foam and water from the roofs; tear-gas canisters were also thrown;
– the gendarmes were accompanied by a few prison officers;
– after the intervention by the fire brigade, there was intermittent gunfire from inside the dormitories; a certain E.G. had fired the shots[20];
– the prisoners threw Molotov cocktails and wielded iron bars, stilettos and handguns ; some of the gendarmes had also noticed a long-barrelled gun wrapped in cloth; the prisoners in the female dormitory had no firearms, but did have some home-made flame-throwers;
– when the gendarmes broke down the dormitory door with sledgehammers and cranks, the prisoners threw Molotov cocktails, used flame-throwers and threw stones and pieces of metal, glass and brick which they had probably picked out of the rubble of the wall which they had demolished in dormitory no. 7;
– the commanding officers had used their walky-talkies to order their men not to ill-treat the prisoners and only to use weapons against persons who were themselves armed, exclusively targeting such persons;
– force was used exclusively within the framework of the law, when it was unavoidable in order to break the armed resistance and restore the State’s authority in the prison;
– firearms were used, in particular, by the gendarmes deployed on the roofs; inside the building the gendarmes only used anti-riot equipment, that is to say helmets, truncheons, shields, tear gas canisters and carbon dioxide foam;
– the gendarmes were also affected by the tear gas because some of them had no masks;
– behind the doors to their dormitories the prisoners had used mattresses, bedsteads and cupboards as barricades;
– one group of prisoners had been willing to surrender, but only two of them managed to do so; the others had probably been executed by their comrades for betraying the cause;
– at the end of the operation each prisoner was taken outside by at least four gendarmes holding them by the arms and legs;
– no one was ill-treated, dragged along the ground or sexually abused during the operation or during the transfer of prisoners to other establishments.
g) Outcome of the branch of the complaint of
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the same date
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72. On 16 December 2012 the investigators again questioned Mr Akhmed Buzurtanov’s friend, police officer M.P., who reiterated his previous statement (see paragraph 67 above), adding that he could show the investigators the place where he had seen Mr Akhmed Buzurtanov’s car on the night of the disappearance. On
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23 May 2001
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7. In 2001 the applicant filed an application with the labour disputes commission of the KLZ, seeking recovery of salary arrears. On 17 May 2001 the labour disputes commission allowed the applicant’s claims and ordered the KLZ to pay the applicant UAH 857[2] in arrears. On
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10 December 2003
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56. As indicated above (see paragraph 42), the investigation was finalised on 12 November 2003. On 1 December 2003 the Garrison Court examined the case file received from the prosecution and decided to hold a preliminary hearing in the case on
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25 October 2004
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20. On 7 April 2003 the Municipal Court rejected the applicant’s claim finding that his dismissal had been lawful. In view of such ruling, the court did not find it relevant to separately examine the issue of the timelines of the applicant’s claim. That judgment was upheld by the Cantonal Court on
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22 April 1998
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40. Proposals made on 22 April, 23 July and 19 October 1998 cited the need for “precautionary and security measures in view of the prisoner’s character and record”.
The applicant commented as follows on the proposal of
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from 13 to 27 August 1994
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19. In a statement made on 3 or 4 October 1994, a lawyer, Murat Demir, said that he had spoken with Kenan Bilgin, who had informed him that he had been in custody for twenty-two days and that his name had not been entered on the custody record.
Ercan Aktaş stated that prisoners in custody in the offices of the anti-terrorist branch of the Ankara Security Directorate
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22 or 23 November 2006
|
30. According to the Government the border control services, which conducted immigration controls in the trains going to the Republic of Azerbaijan, did not bring any Georgian nationals to the migration services on
|
20 January 1993
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11. On 11 February 1993 the applicant, assisted by counsel, filed a request for reinstatement into the first instance proceedings (Wiedereinsetzungsantrag) and lodged an appeal with the Independent Administrative Panel (Unabhängiger Verwaltungssenat, hereafter referred to as “IAP”) against the order of
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26 April 2012
|
53. The status report concluded as follows:
“On 13 and 17 April 2012 [the applicant] was invited to the investigation department in connection with the necessary investigative steps, but she did not appear; she only appeared for questioning on
|
6 September
|
8. On 25 January 1999 the applicant instituted proceedings against PDII in the Ljubljana Labour and Social Court (Delovno in socialno sodišče v Ljubljani), contesting the above decisions.
Between 7 April 1999 and 31 December 2002 the applicant lodged four written submissions and adduced evidence.
On
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8 October 1991
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19. On 16 February 2001 the Municipal Court ruled for the applicant and ordered that he be recorded in the land register as the owner of the property. The court held:
“After finding that the plaintiff’s mother was a bona fide possessor of the immovable property in question, it needs to be established whether she possessed it during the statutory period necessary to acquire ownership by adverse possession.
Once section 29 of the 1991 Basic Property Act was repealed... it has become possible to acquire ownership by adverse possession of socially owned immovable property ... [Also], under section 388(4) of the 1996 Property Act, in calculating the period for the acquisition by adverse possession of immovable property which was socially owned on
|
1 February 2005
|
17. According to the applicant, he was served with the detention order of 12 February 2004 on 2 February 2005. The Government disagreed maintaining that the applicant received the letter from the court on
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9 November 2010
|
6. The present application concerns claims against a Slovak gas company (“the defendant”) dating back to 1998 when the defendant was still a State‑owned enterprise and when its director and statutory representative was Mr J.D. It came to light subsequently that, at the time, Mr J.D. had issued a number of promissory notes (vlastná zmenka) in the name of the defendant for large amounts of money (see Michaela Huserová, Administrator in Bankruptcy of Union banka, a.s. in liquidation and Stroden Management Limited v. Slovakia (dec.), no. 760/04,
|
22 March 2004
|
81. The Shepetivka Court next expressed its concern over the way the investigation had received the statements by the taxi driver Mr K. (according to the court's ruling – a key witness in the case), who had recognised the applicant as one of his two passengers whom he had driven to the building where the crime was committed, around the time of the murder, had waited for there for about half an hour and had then driven to a café. The court noted that on
|
18 November 2002
|
18. On 23 November 2002 the Internal Security Service of the Ministry of the Interior agreed to provide the applicant with the necessary referral. On the same day the applicant underwent a forensic examination and was found to have minor bodily injuries. In particular, the expert found that the applicant suffered from abrasions and bruises on different parts of his body, a haematoma, situational neurosis, cephalalgia and a possible kidney contusion, which could have been sustained on
|
28 July 2003
|
39. On the same date the prosecutors issued a decision refusing to institute a criminal investigation into the applicant’s complaints. The prosecutors found no fault on the part of the police or the investigator. In particular, they noted that the applicant had not complained of police torture during the investigation; that, according to police officer S., although the applicant had initially denied responsibility for the murders, after having been confronted with witness statements to the contrary the applicant had voluntarily agreed to confess; and that police officers from the Myronivka police station had stated that the applicant had not been ill-treated. The prosecutors also noted that, according to an X-ray examination which the applicant had undergone earlier on
|
between 9 February and 8 August 2009
|
22. The Government submitted that after revocation of the EWK pension the applicant worked during the following periods: between 8 and 30 June 2005 and between 3 December 2007 and 26 January 2008. In addition,
|
10 May 2007
|
20. In the meantime, in April and November 2007 two forensic trace evidence examinations were carried out at the request of the investigator. The forensic reports, dated 10 April and 29 November 2007, took into consideration the place where S.J.’s body had made contact with the ground and concluded that she could have jumped from the balcony. Moreover, a forensic report dated
|
24 January 2013
|
21. On 15 November 2012 the court instructed the applicant that in order to comply with the formal requirement of his interlocutory appeal he should submit an additional copy of it, which the applicant failed to do. On
|
2 September 2002
|
19. The same day, that is to say on 25 May 2005, the prosecutor issued a notice of suspicion (pranešimas apie įtarimą) which repeated the prosecutor’s account of the facts surrounding R.G.’s murder, as described in the decision of
|
18 June 2004
|
51. On 2 June 2004 the military prosecutor forwarded the case file to the Chechnya Prosecutor's Office for further investigation, because the involvement of military personnel in Mr Akhmadov's abduction could not be established. On
|
the end of 2006
|
57. According to a memorandum of 10 July 2007 from the Ministry of the Interior, on 10 February 2007 the applicant married, in a Muslim marriage ceremony, a second wife, Mrs G. While officially resident in via Cefalonia, Milan, at the address occupied by Mrs V., the applicant is said to be separated de facto from both his wives. Since
|
17 July 2000
|
9. On 21 September 1999 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). ZT cross-appealed.
On 31 May 2000 the court dismissed the applicant’s appeal and upheld ZT’s appeal.
The judgment was served on the applicant on
|
September 2007
|
20. The Government acknowledged that the applicant had been unable to find employment after the revocation of the EWK pension in 2002. However, the applicant received child support benefit for her three children which in 2001 amounted to PLN 10,800. It is not clear how long she has been receiving such payment. Her son K, the child in respect of whom the applicant had been granted the EWK pension, started working in
|
27 May 2013
|
11. The applicant submitted a further interpellation on the same topic on 21 May 2013. This interpellation reads as follows[4]:
“The recent weeks were mostly about you distributing tobacco licences. To benefit from that, one basically needed to be right-wing, extreme right-wing. But to get the golden prize of the juicy retail spots possibly generating millions per day, one needed to belong to, one way or another, the jamboree of buddies of the local FIDESZ-chieftains.
To win, you did not even need to have business premises. Originally, it was sufficient to undertake to sell tobacco and to adore FIDESZ. In exchange and ex post facto, you have increased the statutory profit rate and, at the same time, prohibited tobacco selling anywhere else, destroying tens of thousands of shops and their employees, under the slogan “let the strong live and the weak perish”.
You, a mercenary of FIDESZ, are apparently eager to keep serving the other projects of FIDESZ as well, that is, what you can buy in these [new] shops will include, in addition to tobacco, alcohol, gambling tickets, newspapers and even things to lick. The category of “things to lick” seems still to be open, but one can fear that whatever you can buy in these “Spahi-shops”, such as tax-free spirits, will be prohibited elsewhere. Amongst these, I am sure, you will consider sex toys, common horse-riding equipment, and, to please your [extreme right-wing] friends, maybe penis pumps as well or those dance bars around which naked strippers jerk.
I am asking you: have you calculated the damage you are causing to provincial Hungary through this operation? Will the licences issued be sufficient for the mayors and MPs of FIDESZ, reduced to a dummy existence after the falling down? Do you believe that the democratic forces winning the 2014 elections will allow your failed teams to continue operating on these looting fields?
My previous, prohibited question also targeted this issue: is your face not burning with shame? Since then, the answer has become clear: no, it is not, because you have already been, without a face, or to use your favourite expression, barefacedly playing games with the livelihood of the Hungarian people. You have pushed anyone into misery; you have taken away even the allowances of the most miserable, those disabled – just to be able to stuff your mafia feeding on public procurement.
I am asking therefore another question: are you willing to rush voluntarily onto History’s garbage dump, or do you want first to try your luck with the bold game called “power or prison”?
I am awaiting your reply!”
The interpellation was refused by the Speaker on
|
15 February 1992
|
9. Although he had never been given citizenship or a residence permit in Bosnia and Herzegovina, on 28 December 1995 the applicant obtained a national identity card on the basis of a forged decision of
|
12 May 2000
|
11. On 12 May 2000 the Minister upheld the decision of 5 September 1996. The applicants lodged an appeal against that decision with the Supreme Administrative Court. On 3 November 2000 the court quashed the Minister’s decision of
|
three years and nine months’
|
10. On 15 October 1997 the Ankara State Security Court, which was composed of three judges including a military judge, found that the applicants had aided and abetted a terrorist organisation by engaging in propaganda in support thereof. It found the applicants guilty as charged, sentenced them to
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